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March 5, 2007 Tape #005

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, John C. Heimlich and Ronald Schmierer, Attorney George W. Loy, Surveyor Dennis W. Sterrett, Secretary Romana Kiser and landowner Charles Mellon in attendance.

Chairman Schmierer opened the meeting and stated he approved the minutes as presented. Board Member Heimlich made a motion to approve the minutes of the February 20, 2007 meeting. Board Member Burton seconded the motion. The minutes were approved unanimously.

Next on the agenda was opening sealed quotes on the C. M. Mertz and Muck Drain maintenance project. Chairman Schmierer read the quotes as follows: Blackman Excavating $22,050.00 County Line Tiling $13,400.00 Grade A Excavating $19,975.00

Surveyor’s estimate was $21,365.00. Board Member Burton made the motion to accept the low bid from County Line Tiling/Excavating for $13,400.00 and Board Member Heimlich seconded the motion. The motion was carried unanimously.

Sealed quotes were opened on the W. W. Raub Drain maintenance project. Chairman Schmierer read as follows: County Line Tiling/Excavating $3,495.00 and Grade A Excavating $5,850.00

Surveyor Sterrett said the maintenance fund has $3,969.00 and it has not been collected on since 2001. The estimate was $5,000.00 some.

Board Member Heimlich made the motion to accept the low bid of County Line Tiling/Excavating. Board Member Burton seconded the motion. The motion carried unanimously.

Surveyor Sterrett asked the Board for their policy on putting air wells on County regulated tiles. He reported that Jack Pherson has requested one on the Brechbiel Tile and Bob Whitaker has requested one in the County Right Of Way on a regulated drain out by Schroeder’s new hog barns on County Road 350 South. NIPSCO has cut a County tile at that location.

Chairman Schmierer asked if Surveyor Sterrett thinks they are necessary. Surveyor Sterrett said that he didn’t think that water pocketed there where Pherson wants one on Tribbett ground on the Brechbiel Tile. The Brechbiel Tile is in debt.

Attorney Loy stated, “I assume you wouldn’t have a problem with them putting it in at their expense.”

Surveyor Sterrett said he had not been to the site where NIPSCO broke the County tile. He said the last time he called NIPSCO about a tile they broke they told him to get it fixed and send them the bill. Board Member Burton stated that Steve Brooke had been out there checking on a tile that NIPSCO cut. Surveyor Sterrett said he will get with Superintendent Brooke on that. See tape for discussion on Brechbiel Tile catch basins.

Chairman Schmierer stated he thinks the Surveyor can make the decision if air wells are needed. Board Member Heimlich said it isn’t really a black and white issue, some places an air well can help the whole system and in others it wouldn’t. Attorney Loy said, “It isn’t any different than any other repair that you think is necessary or reasonable and if somebody wants to put in an air well that you don’t consider it necessary, but you don’t have any problem with them doing it, they could do it at their expense. I’m asking you. Is putting in an air well, is that a potential problem?” Surveyor Sterrett said, “It could be if the water comes up instead of goes down, if the tile is under pressure. I wouldn’t think the farmer would want it either.”

Surveyor Sterrett reported, “VeraSun now has the deed to the property and we are ready to vacate the Bess Tile. We were going to send out notices today but if we sent them out today it is only 29 days until the April 2, 2007 meeting. I thought we were going to get it done Friday but they didn’t get their deed recorded until about three forty-five.” Attorney Loy said, “You could have a special meeting.” The Board decided to have a meeting for the Hearing on the Vacation of the Bess Tile on Thursday April 5, 2007 at 8:00 A.M. Attorney Loy said to send notice to the newspaper of the special meeting. Surveyor Sterrett said he has a petition to vacate the tile ready to send to them. Attorney Loy told the Surveyor to get it signed just for his file.

Board Member Heimlich reported that the Monon Ditch Joint Board will reconvene for the continued Hearing on the 15th. He said, “We expect at that meeting we will reject the Surveyor’s report, reject the original petition and then proceed to start a two million dollar maintenance project. The Engineer has a project; basically it is the middle section. I can’t remember whether it stops at CR 1100. His estimate is that it can be done for two million dollars, actually he thinks it can be done for quite a bit less than that but that’s what he would put in. We can do that under maintenance. The question right now is how we would pay for that out of maintenance would we borrow money and pay it back out of current maintenance. We could raise twenty-five percent without a Hearing or we can hold a Maintenance Modification Hearing and raise it enough to pay it off in however many years would be reasonable. So that would be the main thing to be decided yet. But that is how it is going to be handled. He said the new Engineer’s assessment is that doing that project will get ninety percent of the original at a lot lower cost.” He thinks that will be accepted without judicial review or remonstrances because the cost is a lot less.

Chairman Schmierer adjourned the meeting.