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November 6, 2006 Tape #021



The White County Drainage Board convened at 10:30 A. M., EDT in the Commissioners’ Room of the White County Building, Monticello, Indiana with Board Members Steven Burton, O. D. “Bud” Ferguson and John C. Heimlich, Attorney George W. Loy, Surveyor Dennis W. Sterrett and Secretary Romana Kiser in attendance.

Others signing the register were Linda Diggs, Darrell Diggs, Sharon Watson, Rick Conwell, Carrie L. Woodruff, Clarence Cable, Harriett Cable, William Penn, Terry Beasy, Allen Howe, Clay Watson, Art and Sarah Gragoo, Chris Chitty and Andy Venters. Also attending was Linda Penn and Garry Underhill.

Chairman Burton opened the meeting. Board Member Ferguson made a motion to approve the minutes of the October 16, 2006 meeting. Board Member Heimlich seconded the motion. The motion carried unanimously.

Surveyor Sterrett opened the Reconstruction Hearing on the John Downey Drain through the Boy Scout Camp. He reported, “As you may remember from our previous meetings, they want to tile a portion of it with twenty-four inch tile. I have a petition here that we need to get approved before we start the Hearing.” Chairman Burton asked, “We are here for the Hearing because of this petition, right?” The answer was yes. Board Member Heimlich made a motion that the Board accept the petition for the reconstruction on the John Downey Drain at the Boy Scout Camp. Board Member Ferguson seconded the motion. The motion carried unanimously.

Surveyor Sterrett explained, “Since the last meeting the ditch has been cleaned from the existing tile outlet, west to the Boy Scout Road. This is all going to be at the expense of the Boy Scouts, putting the tile in. I have a grade plan if you want to look at it. (displayed) The tile flows this way. This will be open here, they’re going to put open from here to here, tile here and open on down. This has been cleaned from here to there. The Hearing is about replacing the tile in the ditch. We had landowners’ meeting two meetings ago. Mr. Crosby showed up. He is an adjacent landowner. He didn’t have anything to say about it. I also had Todd look at it (Engineer Frauhiger).” Chairman Burton asked, “No public comment for or against?” No response heard. Attorney Loy asked, “Nothing written filed?” The answer was no.

Chairman Burton read ADOPTION OF RECONSRUCTION PROJECT I.C. 36-9-2 7-52 “There being no further evidence to be submitted in these proceedings, the Chairman would now consider a motion to determine that the costs, damages and expenses of the proposed reconstruction will be less than the benefits accruing to the owners of the lands benefited by the reconstruction.” Board Member Heimlich so moved. Board Member Ferguson seconded. “Upon a motion duly made and seconded, and after having considered all of the evidence and any objections concerning the proposed reconstruction, those members of the White County Drainage Board in favor of the motion that the costs, damages, and expenses of the proposed reconstruction will be less than the benefits accruing to the owners of the land benefited by the reconstruction please answer by saying ‘’aye’’ those opposed ‘’nay’’. “The motion passes by a vote of 3 in favor and 0 opposed. The White County Drainage Board therefore adopts the reconstruction report of the White County Surveyor and the Schedule of Assessments, including any annual assessments for periodic maintenance. The White County Drainage Board now issues its written Findings and Order declaring the proposed reconstruction of the John Downey Drain established.”

Attorney Loy opened sealed quotes on four projects. He stated, “We have solicited quotes for four different maintenance projects, maintenance of the Julia Connor Drain, the J. C. Vanatta Branch #1 Drain, the P. L. Bush Drain and the Big Pine Drain. We asked for quotes from four different firms and we have received quotes from T & M Cain Enterprises of Brookston, County Line Tiling and Excavating of Winamac and Grade A Excavating of Logansport. Is there anyone representing a firm who submitted a quote whose name I didn’t mention? (None responded ) Time has expired for submission of quotes and I will read them by project.”

Julia Connor Drain: T & M Cain Enterprises $6,584.00

County Line Tiling/Excavating $5,200.00

Grade A Excavating $5,840.00

J. C. Vanatta Br. #1: T & M Cain Enterprises $10,528.00

County Line Tiling/Excavating $9,990.00

Grade A Excavating $12,650.00

P. L. Bush Drain: T & M Cain Enterprises $2,575.00

County Line Tiling/Excavating $2,150.00

Grade A Excavating: $2,597.00

Big Pine Drain: T & M Cain Enterprises $9,760.00

County Line Tiling/Excavating $9,671.00

Grade A Excavating: $11,000.00

Attorney Loy asked, “Do you want to take a look at the low bid on all of them? I take it County Line is low on all of them.” Surveyor Sterrett said yes and that they are all under his estimates. Attorney Loy asked Mike Ezra of County Line if he had any questions on any of the projects. He had none. Chairman Burton said, “Normally we’d take them under advisement but I think you are pretty well up to speed on all four of these, if you want to take action. Attorney Loy asked if there was any question on the start and finish times. Surveyor Sterrett said, “I don’t think we had that in there.” Mike Ezra said he would start right away.

Board Member Heimlich made a motion to accept the low bids of County Line Tiling/Excavating on the Julia Connor Drain, J. C. Vanatta Br. #1 Drain, P. L. Bush Drain and the Big Pine Drain maintenance projects. Board Member Ferguson seconded the motion. The motion carried unanimously.

Surveyor Sterrett presented a request for a waiver from the White County Drainage Ordinance for Paradise Valley Subdivision owner Mary Whitman. He stated, “Bedford Bay Cemetery is right here, Monon Road is here. Todd and I went out and looked at it last week. All the water drains across Lot One which is her lot. All the surface water drains to the lake; I didn’t see any going north or south.” Board Member Heimlich said, “So, everything is contained on her property.” Surveyor Sterrett answered “right”. Chairman Burton asked what Engineer Frauhiger and he recommend. Surveyor Sterrett said they recommend a waiver from the Drainage Ordinance. He stated, “Her father-in-law wants to build a house on this lot here (indicated) and the reason they had to rezone was because this lot doesn’t touch the lake.” Chairman Burton asked, “Is there anyone here this morning on Paradise Valley Subdivision?” No one was present. Surveyor Sterrett said, “The Subdivision has to go to Area Plan yet.” Surveyor Sterrett said, “We are talking about approving the whole three lots, granting a waiver on all three lots.” Attorney Loy said, “Just pertaining to the construction of that one home.” Surveyor Sterrett said, “Right now, yes.” Board Member Heimlich said, “If they come in for a building permit for something else, they’d have to ask for another waiver, it’s not a blanket waiver. I think that is the way we want to approve it.” Chairman Burton said, “That is for Lot Two, correct?” Surveyor Sterrett said, “That is the way I understand it. They are building on Lot Two.” Surveyor Sterrett said we can put that in our letter to Area Plan if that is the way it was approved.

Board Member Heimlich made a motion to grant the waiver from the White County Drainage Ordinance to Paradise Valley Subdivision, just on Lot 2, for owner Mary Whitman. Board Member Ferguson seconded the motion. The motion carried unanimously.

Surveyor Sterrett presented a request for waiver from the White County Drainage Ordinance for Tippecanoe Country Club Fairways Addition #2. He stated, “This is a three lot subdivision out on the east side of the golf course. The drainage actually all goes to the golf course. There is a swale running into this lot right there that empties out into a drain on this fairway. There’s a waterway that runs up through there like this, see the drain right there (indicated on drawing) and I suppose that drain goes to the lake. We would recommend that the waterway stay in place. The Country Club is actually who is subdividing it.” Board Member Ferguson asked if these were vacant lots. Surveyor Sterrett said, “Yes, these are brand new proposed lots.” Board Member Heimlich asked if any of the adjacent houses would be affected. Surveyor Sterrett answered “No, all the water goes to the golf course. Todd (Engineer Frauhiger) also looked at this one with me. He didn’t see a problem.” Chairman Burton asked if there is anyone here to address this. No responses.

Board Member Heimlich made the motion to grant the waiver from the White County Drainage Ordinance to Tippecanoe Country Club Fairways Addition #2. Board Member Ferguson seconded the motion. The motion carried unanimously.

Surveyor Sterrett explained that homeowner Andy Venters needs a Consent to Encroach on the Southlawn Urban Drain. He explained, “We got this through building permits and this has to go to Board of Zoning Appeals. Mr. Venters wants to build a garage outside the building lines so that’s why it has to go to the Board of Zoning Appeals. We have a Southlawn Urban Drain tile that is about eight feet deep, that runs down about five foot north of the centerline of South Park Drive. The garage would be forty-seven foot from that.” Surveyor Sterrett explained, “The drain starts at the end of the subdivision and goes east then heads north and goes through Jordan’s subdivision and goes into Buss Ditch. It is not on maintenance but it is a regulated drain since 1977 or 1978. It is ten and twelve inch tile and ends up twenty-one inch at Buss Ditch. If we had to dig it up (for repair), I can’t see that forty-seven feet would not be a problem. This drain is in the blacktop road.”

Attorney Loy told Mr. Venters, “The reason you are here, there is a law that gives the Drainage Board a seventy-five foot right-of-way from the center line of each, in this case, tile drain. You have to have our written consent, and it has to be recorded, in order for you to construct that and in this case get a building permit. So if they approve that, I’ll need a copy of your deed. I already have a copy of the sketch that is going to be attached to it. It is basically going to say that we give our consent for this project only, but if you do something else you would have to come back and we would have to re-consider it. If there is any reason in the future that there is any cost in maintaining this drain because of the presence of your garage that you would agree to pay those extra costs. But, the Board typically doesn’t grant that permission if there are any problems at all anticipated in the future. That is what it is all about. You have to record it and there’s a little bit of cost involved in it.” Chairman Burton asked Mr. Venters if that worked for him. He indicated yes.

Board Member Heimlich made a motion to grant Andy Venters a Consent to Encroach on the Southlawn Urban Drain down to forty-seven feet. Board Member Ferguson seconded the motion. The motion carried unanimously. Attorney Loy asked if his address was 503 South Park Drive. Mr. Venters answered yes. Attorney Loy told him to come in to the Surveyor’s office anytime Thursday or after to pick it up.

Surveyor Sterrett asked if anyone was representing Northbrooke Condominiums which was next on the agenda. Chris Chitty from Hallmark Homes, the builder for Waymouth, was present. They are asking for a Consent to Encroach on the James Carter Ditch. Surveyor Sterrett pointed out the James Carter Ditch and the building line on a drawing. Attorney Loy said this is proposed building number five. Surveyor Sterrett said there are two by two stakes out there, that are five foot box offset building corners and that would make that building fifteen foot off of the top of the bank of the James Carter Ditch. The ten (foot) is for side setback. Drawing, locations and dimensions discussed –see tape. Chairman Burton explained this is an unusual ditch, in the bottom of it where the water usually is, the banks are sloped and the water is farther away than normal. Surveyor Sterrett explained the water is probably sixty feet from the top of the bank to the middle of the ditch on our side and maybe twenty-five feet on the opposite side, to where the water is actually running. There is a sharper bank on the other side. Chairman Burton said, “In this situation the distance from the building to the top of the bank is similar to the detention area, as far as the top of the bank and where we would run an excavator or dragline if any work was to be done in the future.” Board Member Heimlich asked what is on the other side. Chairman Burton answered, “Homes, electric lines, trees.” Board Member Heimlich asked, “How close to the bank, right there?” Chairman Burton answered yes, so this would be the bank of choice. Surveyor Sterrett stated, “Back in 2000 a Consent to Encroach was granted on the detention ponds.” Attorney Loy asked who that was for and how close are they. Surveyor Sterrett answered it was for Don Ward (owner) and they are fifteen feet. He said, “You could get an excavator through there but it would be hard to work by the buildings. What brought this up is, the building permit came in and they want to put a concrete patio outside of the building line so I went out and looked at it. I figured the top of the bank (he meant the seventy-five foot right-of-way) would be on the building line but it’s not. So that made the patio a little bit less worry than a building.”

Chris Chitty representing Hallmark Homes and Waymouth, the owner, said, “This is a new thing for me so I’m kind of learning.” Attorney Loy asked, “Jeff Ward is the owner?” Surveyor Sterrett said, “It has been deeded to Waymouths. I was faxed a copy of the deed, but it doesn’t have any recording information on it.” Chris Chitty said he’s not sure it has been recorded yet. Attorney Loy said he will take that copy assuming that Waymouth is going to own it. He said the agreement will be with Waymouth.

Board Member Heimlich asked, “What is your opinion? The only thing is, the fifteen feet, it looks like it is only one spot and then it gets wider both ways from there.” Chairman Burton said, “With the water not being close to that, they are starting to cheat a little bit on that bank anyway, somebody has been pushing a little dirt over the edge. So they gained about a foot and a half there, but if you look back to what was done with their detention ponds, the crest of the bank is just about the same distance as what it would be, going around that corner. It’s just that with the detention ponds you’re going to have the ability to swing around and move. So, it’s a possibility, it’s not favorable, but it’s a possibility that it will work. With the understanding that the property owner understands that there can’t be anything else to come back, because then it wouldn’t (work).” Chris Chitty said he can’t imagine there would be anything additional behind there because it is a Condo and will probably always be elderly people not wanting to add.

Attorney Loy asked, “Do you have concern about the bank washing away toward the house?” Surveyor Sterrett said, “You’re the builder, do you have any concern about the bank washing away?” Chris Chitty answered, “I don’t think so, just from what I’ve seen, but I’m no expert.” Chairman Burton asked, “And they would assume that responsibility?” Attorney Loy stated, “It is their problem if they are washed out. The document will say that.” Surveyor Sterrett said, “It depends on what happens to the bank, whether all the brush would he taken off of it. Right now the bank looks pretty good.” For discussion of location – see tape. Surveyor Sterrett stated that he and Chairman Burton have been out to look at it. Chairman Burton stated that it is not the best scenario but it is probably do-able with the idea that the utilities have an open space which would be to the right side of the building, nothing that would make our access worse. For discussion of future access – See tape. Chairman Burton asked Surveyor Sterrett what his opinion is. Surveyor Sterrett said, “I don’t like it, but I think it is do-able.” Board Member Heimlich said he would like to look at it before he gave his approval to it and he would like for Engineer Frauhiger to look at it. He said, “My concern is that twenty years down the road we could get into a situation like we have up at Buffalo. It could be less (time) than that. My recommendation is that we table it until next meeting to give us a chance to look at it.” Chairman Burton explained that we have a property situation where the building IS on the bank and it is really affecting any decision of what we do with the ditch.

Surveyor Sterrett asked if the building could be shortened up. Chris Chitty said, “That would be something we would have to take back to the Waymouths, do you want to lose some building? We could go back to the Wards and ask, do you want to slide this down some more?” Surveyor Sterrett said you wouldn’t have to go too far. Board Member Heimlich said, “Yes, that would help, too. Because you gain right away.” Chairman Burton said, “Yes, by sliding to the West you would gain quicker.” Chris Chitty asked, “Away from Main Street, right?” The answer was yes.

Chairman Burton stated, “Ok, I think we have direction there. If we consult the homeowner and the developer and explain our predicament.” Chris Chitty replied, “Ok, so it will be tabled until the next meeting then? Will they need to re-submit a bunch of stuff again?” Chairman Burton said, “Well, it depends on……..what would you feel confident with?” Surveyor Sterrett answered, “Twenty-five (feet) probably.” Contractor Allen Howe stated it takes thirty feet minimum to be able to turn.

Secretary Kiser said the next meeting is November 20, 2006. Attorney Loy said, “The Wards and the Waymouths ought to be aware of, with a face to face, what the situation is, the potential problem. You are doing them a favor by discussing it with them.” Board Member Heimlich asked if this is Maury Waymouth. Chris answered it is Maury, Bob and their mother, it will be her house. Surveyor Sterrett asked if they want them at the next meeting. Chairman Burton said it will depend on how they view this, if they agree it is fine to move it down and give you thirty feet. Attorney Loy said to get together with the Waymouths before the meeting in the Surveyor’s office. Surveyor Sterrett said, “Or out in the field.” Chairman Burton said, “If there is no compromise then we are definitely back in two weeks.”

Chairman Burton recognized the Lane Ditch (Regulated part is Faris Ditch) landowners as next on the agenda saying, “I’ll start out with, we did get a response back from Randy Moore. Randy was out there that day we walked through. (Board Member Ferguson said he is from Arrow Head Resource and Conservation Area). Had you seen Arrow Head’s response to this (silt situation)?” You did, ok. I didn’t know how circulated it was. I know John (Heimlich) has seen it. If you look through that, these are all proposals, and from how I viewed it, these are loose proposals and possibilities of what could or could not be done out there. It still comes back to dollars, as you can see, anywhere from a hundred thousand to two hundred thousand, projected. That is in the unregulated area. This doesn’t encompass any of the regulated area.”

One lady asked, what regulated or unregulated meant. Surveyor Sterrett answered, “The drain is not regulated down there. We don’t maintain it, the Drainage Board doesn’t. It is regulated about a mile upstream.” Chairman Burton said, “In somewhat review, this Drainage Board operates solely for the regulation of regulated drains and the money that is collected for that. This area we are talking about is an unregulated drain, which we have no jurisdiction over and no money to operate with or control over. So, the money that might be in reserve for maintenance on our part, the Faris Ditch was intended and collected for the upkeep of that ditch. I don’t know what the total is right now on maintenance but it is a long way from a hundred thousand. Hence, the next problem is, if we chose to do this, where are those funds going to come from? Have any of you talked to Daryl Johns (SFLECC)?” Some lady said he was here at the last meeting (August 21,2006) that they attended and he was going to check to see what funding was available in his budget. Chairman Burton said, “My understanding is he is working from the water side, correct?” The lady agreed with that. Chairman Burton said, “The two hundred thousand dollars here would not be on the water side, it would be on the land side.

One gentleman asked, “How far up do you have control over? On the other side of Freeman Road?” Board Member Heimlich answered yes, it starts on the West side. The landowner asked, “Why weren’t you involved with it when the DNR was in there when that guy dumped all that dirt in there? We couldn’t get any response from DNR either. That’s part of our concern, because that comes down through there and settles right in front of our properties. On your regulated side. We had problems there two years ago that DNR was involved in.” Board Member Heimlich asked, “You said that guy was dumping dirt in, what guy?” (Someone said Tom Clifford) The landowner explained, “He changed the structure of the creek.” Board Member Heimlich said he and Surveyor Sterrett were up there. Surveyor Sterrett stated, “That is not regulated there either.” Some lady said, “You said it was regulated on the West side of Freeman Road.” Surveyor Sterrett said, “Yes, a quarter of a mile west. At the west edge of the woods.” The gentleman said, “That puts it out in the field then.” The answer was yes.

Linda Diggs asked, “Who does, if anybody, have jurisdiction of an area that is unregulated?” Chairman Burton said DNR. Sharon Watson of NRCS spoke up and said DNR does. She said that Tom Clifford does have permission through DNR to do his project and she does have a copy of that in her office for them to see. Some lady said he got it after the fact. Sharon Watson said yes. Board Member Heimlich said, “Denny and I went out there. I don’t know who the call was from that we responded to.” Surveyor Sterrett said it was the people closest to the road. Others said it was Tolleys. Board Member Heimlich said, “That is right, we talked to Mrs. Tolley. Answering one landowner’s question, Sharon Watson stated, “Any moving waters in the state of Indiana DNR would have jurisdiction over and they can also help with funding.”

One landowner stated land values are depreciating and asked what the Airport can do to help, saying their side of the bank is eroding and trees and dirt are coming out into their shore front.

Chairman Burton said, “They are a little confused on what they may or may not be able to do, and about what needs to be done. I will be responsible for being cautious about this. The last thing I would want to see is we go in there on the Airport property and make a change and it not be a productive change. Just to say go in there, and reading Randy’s and Chad’ (reports), I think Chad felt the same way. Just to go in there and straighten that out and walk away, I haven’t seen what we call the professionals state that will cure the problem that exists today. So, like I said, I’ll take responsibility about it. If we are going to go in there and be involved in something or do something, it needs to be something that is a long-term fix and not just a ‘we’re going to do it today because that’s what we wanted to do today’ and then turn around and it be a bigger problem or not addressed why we are here talking about it. To my understanding, Daryl Johns is still involved in pursuing on what he can do on the water side and the Airport is working with Daryl and once that proceeds with how they are going to deal with….. and that’s the major problem there is what do you do with the dirt that is removed. And, to my knowledge, hearing from the Airport, they are willing to be involved and participate, but again, I have to agree with the Airport, to say let’s send bulldozers in there today and straighten that stream out, that’s just too much of a knee jerk reaction to a situation that exists.”

Linda Diggs stated, “Since, my understanding, when the engineers were here they felt that a lot of this fill had come from the regulated end of the ditch, is there any funding available, since the regulated end has contributed to the problem on the unregulated portion?” Chairman Burton said, “There is money available on the maintenance side but we legally can’t apply it, by State statute, we wouldn’t legally be allowed to take that money and move it down into an unregulated area.” Linda Diggs asked, “Is there any waiver we can apply for it since the regulated part had contributed to the unregulated part?”

Attorney Loy stated, “As Steve stated, this Board only has jurisdiction over the regulated portion. It is possible. The only way to extend their jurisdiction would be to extend its jurisdiction of the regulated portion, after Public Hearings, and input, and I’m sure DNR would have to be notified as well. At the moment, by law they are only permitted to do work within their jurisdictional limit.”

Linda Diggs asked, “Are there any plans to do anything with that portion of it so that we do not inherit any more silt or runoff from that part of it?” Chairman Burton said, “Well, I may be speaking out of turn but I think the Airport IS willing to participate. I have not heard them say no.” Linda Diggs said she hasn’t heard anyone say ‘ok here’s what we will do on the regulated part of the ditch to help prevent more erosion on the unregulated part’.

Chairman Burton said, “Which comes back to Chad and even Randy on trying to possibly change practices that would head in that direction. It really sounds awful, that we are trying to shed this, but, again, our ability of why we are here and what our ability is to do, we do not have the authority to tell that landowner that ‘you can’t farm that or if you are going to farm it you are going to do this or that person who owns the home that, your water can’t come down there. That’s above our ability why we are here.”

Linda Diggs said, “There are funds to maintain and to clean out. I am talking about maintaining the regulated end of the ditch so we don’t inherit any more runoff and silt. I haven’t heard anything about anything to be changed up there to stop that even.” Board Member Heimlich stated, “I don’t know what you would do that would prevent that, as Steve said, and that's what the group that came and looked at it, The Nature Conservancy, I know they have programs to try and encourage no till farming and practices like that. But as far as anything that we can do in the ditch itself, I don’t know what it would be.”

Surveyor Sterrett stated, “We have maintained it. I think it was two years ago, we repaired nine tile that were causing washes. We went out and repaired them.” Board Member Heimlich said, “We can repair tile, washouts, things like that. But, with any drain there is going to be a certain amount of silt come with the water, during periods of heavy rainfall. And I think what you are going to have to understand, the situation we have here with the two dams, the dams are really silt traps. If it was still the wild Tippecanoe, a lot of that silt would just go floating on down I guess eventually to New Orleans. They have a silt problem there, too, from the Mississippi. That’s what happens naturally, it just keeps flowing. We have these dams here that slow it up so that the silt falls out in the lake. I’m not saying that there aren’t things that can be done to minimize it. That’s what The Nature Conservancy does with programs that encourage no till farming. I know there’s several programs they have along that line. But, I think you have to understand that is not going to prevent a hundred percent of the silt from coming down from that regulated ditch.”

One landowner asked, “If you were in our position what would you do, where would you go, if it’s not here?” Chairman Burton answered, “I think the first step is dealing with Daryl (Johns of SFLECC), which, he IS trying to do something. And, that’s probably your biggest concern, with the silt that is in the water. The next step would be, I truly believe that the Airport WILL work in trying to change that, it’s just……..” Garry Underhill interrupted, “In view of the past, it seems there are three things contributing to our problem, I believe, the major one being erosion and runoff from the Airport. Admittedly, what, twenty years ago the Airport took the responsibility ‘yes, we DID fill in the lake’ and indeed they dredged it out, it’s a fact of life. They also at the same time, were supposed to MAINTAIN what they dredged out. This is the major problem. They did not do the maintenance required. Secondly, we have factories built up Freeman Road over the years, major contributors to this water. All these roofs, parking lots, all coming right down the Lane Ditch. Thirdly, we have upstream that is regulated areas contributing. I think the major actual silt is coming from Airport property and that’s what our people seem to believe. The lack of maintenance, and there’s two major areas. It is obvious when you go out and look at it.”

One landowner stated, “Part of these areas are under you guys’ control is causing a lot of this problem and it’s not being looked at.” Chairman Burton said, “I want to tie this up because we are getting to the point where I’ve listened to your comments and concerns and I do not have the ability to date to change this direction or have any funds to go forward, but I do think through Daryl (Johns, SFLECC) and continuing on with Randy (Moore, Arrow Head ) …… but, water naturally is going to go to there (lake), even before the lakes were there, as John said, that went to the river. That was its natural course. We as human beings over the years have changed it. You’ve talking about the factories and how the water has drained in there, it’s probably being put in to what used to be the river faster than it ever has before, but that’s due to change. There’s a lot more homes along the lake than there used to be. There’s a lot more factories than there used to be. There’s probably more tillage acres than there used to be. All those numbers are changed but that’s part of progress. And, as John would say, if the dam wasn’t there, there wouldn’t be a silt problem. So we are having to work on something that was manmade and put there and has caused a problem for twenty or thirty years. We are not going to be able to snap our fingers and make it go away. Unfortunately, it would be nice if it could be fixed before next year’s season, but in all reality it is not. It is going to have to be future dredging and I think eventually…..but, it is trying to figure out what is the best course and what is going to prevent us from being here thirty years from now saying ‘geesh’. And that’s why I want to make sure that if we are on board with something it is the correct direction.”

Linda Diggs stated, “I am all for the dredging, but if he dredges our area and gets the silt out so we can even have access to the lake, because we don’t have access to the lake at the moment, that’s going to be ok, but you’ve got to start up here in correcting the problem where it’s beginning. It is just going to fill in again.” Board Member Heimlich said, “I agree with you one hundred percent. (Linda Diggs said that is a temporary fix.) It is necessary now because you have the silt is there. You have to get rid of it.” One landowner said, “This is the second time this has happened since we’ve owned the property in twenty some years.’

Chairman Burton stated, “One of our responsibilities as the Drainage Board is we continually dredge these ditches. That is part of drainage, that it IS going to come back. That’s why we are here, to maintain those things. Unfortunately, where you are located, that is going to be an ongoing fact. If you clean that out, we are going to be right back here thirty years from now. It is not totally going to go away no matter what we do. We may slow it down and make it a lot better and hopefully it’s a longer period of time. It’s not going to go away.” Linda Diggs and another lady said that would be great, that’s what we are looking for. Chairman Burton said, “That is my goal. If we, whoever it is, moves in a direction, it’s a productive, fruitful direction instead of just sending a bulldozer down there today and say we are going to straighten that out and we spend a lot of time and effort and it could be worse.” Board Member Heimlich said, “That’s why we need to work with Soil and Water and Nature Conservancy to go in that direction.” Chairman Burton said, “It’s not to say that there might not be funds available. Daryl (Johns) has access to funds through silt traps, but it just doesn’t happen “like that”.

One of the landowners said, “SFLECC put in an $8,000.00 silt trap at the mouth of the creek there. It filled in, in six months to a year’s time and a tree growing out of it. It has never been cleaned, so we had that problem. Nobody is doing anything for us.” Chairman Burton said, “If you do it, you have to be prepared to maintain it on a continual basis and not just walk away from it.” The lady said she thinks SFLECC is supposed to clean those out periodically.

Chairman Burton said, “This report from Randy Moore is a start. It may not look like much, but it is.” One landowner said, “I thought some of that information looked promising.” Chairman Burton said, “You are correct, and before this ever happens we have to have professionals involved in making any decisions. I don’t have an answer to your questions indefinite, but it is not dead.” One landowner asked, “Where do we go from here on these planning considerations? Do we write letters? Do we need to talk to someone? So it doesn’t stop? Because we know on the SFLECC side there is a time frame."

Chairman Burton asked, “On the unregulated part, if something is actually done, who is going to be able to take control and make decisions? We have established we don’t have the ability to do that.” Surveyor Sterrett said, “Correct, or the money.” One landowner asked, “Is there funding that we can inquire about, grants? Is there funding out here?” Chairman Burton said, “I’m not aware of any because we don’t tap into any of that on our normal day to day basis.” Board Member Heimlich stated, “The Inn Keepers Tax is controlled by a Board.”

Sharon Watson suggested, “Go to the Division of Water and find someone that can start….funding for something like this is very hard to get. Maybe a water shed grant, there might be a possibility. I can get you in touch with IDEM. My phone is 5962, extension 3.” Chairman Burton thanked Sharon Watson from Soil and Water Conservation for being here to answer a lot of the questions.

More conversation about dredged material on Airport property. See Tape. Attorney Loy stated that is not this Board’s authority to deal with that anyway.

Sharon Watson introduced a new employee, Rick Conwell who is a conservation technician at Soil and Water office.

Surveyor Sterrett reported on a Benton County proposed project on Curtis Creek. He met with Benton County Surveyor Jack Steele last week. The tile comes into White county. They plan to extend 900 feet of this open ditch (shown on map of project). He wants you to say if you want a Joint Board on it or sign off on it. Chairman Burton said they collect the money, they have the money. Surveyor Sterrett said yes, it will be done on maintenance. Board Member Heimlich asked how many landowners we have involved. Surveyor did not know but pointed out the watershed area. He said he called Nancy in the Benton County Surveyor’s office and she said there will be no additional money; he is using the current maintenance. Board Member Heimlich said, “If there are no addition funds, I see no reason we couldn’t waive our rights.”

Board Member Heimlich made a motion to waive our rights on the proposed maintenance project with Benton County on Curtis Creek. Board Member Ferguson seconded the motion. The motion carried unanimously. The letter was signed, to be returned to Benton County.

Surveyor Sterrett reported that the John Unroe Drain in Wolcott collapsed right off the west side of Range Street, down the middle of Scott Street by the elevator. He said, “It is an eight foot diameter suck hole. Allen Howe has agreed to work on it. It will be done out of maintenance. I don’t think there is any way to get quotes on it. What are we going to run in to? A semi got stuck in it. This break is right at the State right-of-way. This is the one we are going to replace. We are still waiting on the State highway to replace the pipe under US 24.” Board Member Heimlich said we need to notify them.

Surveyor Sterrett reported that the engineer for the new hospital project called about burying utilities down the right-of-way of the Buss Ditch. Surveyor Sterrett said, “I assume just on the hospital property. Will they need a Consent to Encroach?” Attorney Loy said, “They sure will and confirm that is what they are talking about, just on their property.”

Surveyor Sterrett reported that the trees over the Hinshaw-Burch Tile at Mark Bentlage’s have been removed.

Surveyor Sterrett reported repair on the C. M. Mertz #2 Drain at Burnettsville. He said, “We spent two days with the root cutter, cutting roots out of the tile. We used about 11,000 gallons of water so we will get a bill for that from CFS. We are going to get a bill from DeSabatine and a bill from Allen Howe. Allen fixed the holes that we had opened up. It is running water now. I think I might try to have the willows sprayed this fall with dormant spray.”

Chairman Burton adjourned the meeting.