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July 16, 2007 Tape #015

 

The White County Drainage Board convened at 10:30 A.M. in the Commissioners’ Room of the White County Building, Monticello, Indiana with Board Members Ronald Schmierer, John C. Heimlich and Steve Burton, Attorney George W. Loy, Surveyor Dennis Sterrett, Drainage Assistant Mary Sterrett and Secretary Jamie Rozzi in attendance.

 

Others in attendance were Engineer Todd Frauhiger, Robert W. Gross, Philip Rausch, Roger H. Weise, Adam Weise, Steve Carlson, Mrs. Carlson, and Charlie Mellon.

 

Chairman Schmierer opened the meeting asking for approval of the minutes for the July 2, 2007 meeting. Board Member Heimlich so moved. Board Member Burton seconded the motion. The minutes were approved unanimously.

 

The next item on the agenda is the A.K. Ruth Reconstruction Hearing. Chairman Schmierer called the hearing to order.

 

Surveyor Sterrett began by explaining that the ditch was petitioned in 2002. Surveyor Sterrett provided visuals of the project and pointed out the location of 300 East (Rangeline) and State Road 16 east of Monon. Additionally, he pointed out Thomasville. Surveyor Sterrett explained, “The project is going to start at 300 East and continue through the woods east, continue through another two other areas of wooded areas, past the branch and up along State Road 16 for about 1,000 feet. It will end right at the headwall coming across the road for surface water.” He continued, “There are a couple of outlets coming out here from the field, which are now underwater or they were when we surveyed it. The total length of the drain is 7,685 feet on the main and 2,344 feet on the branch. It is going to take the brush off of one side and up the slope on the other. There is quite a bit of brush, in fact, there is brush all of the way.” Surveyor Sterrett explained that the brush will be a major expense.

 

Chairman Schmierer asked, “What is your estimated cost?” Surveyor Sterrett explained that it was discussed at the last drainage board meeting and that his estimate was $18,993.13 and there is $6,711.36 in the Maintenance Fund. He further explained that he subtracted the amount that was in the Maintenance Fund from his total estimate of the project and the remaining amount is what was assessed, which was $13.80 per acre/$25.00 per lot. Member Heimlich asked, “How many acres in the watershed?” Surveyor Sterrett stated, “There are 782.463 acres in the watershed.” Chairman Schmierer asked, “There are many lots involved, isn’t there?” Surveyor Sterrett replied, “Yes.” Chairman Schmierer asked if this cleaning would relieve some water problems that Thomasville has, shouldn’t it? Surveyor Sterrett explained, “It should, because there are two tiles there along State Road 16. I imagine that they drain Thomasville. I don’t know exactly how Thomasville gets drained. It should help the field to the north.”

 

Chairman Schmierer asked if there was anyone in attendance that would like to speak to the A.K. Ruth Reconstruction Project. Surveyor Sterrett explained that there were several landowners in attendance. Chairman Schmierer again asked if there was anyone in attendance that would like to speak. Philip Rausch stated that he had talked to Surveyor Sterrett via phone and all of his questions had been cleared up. He further explained that he was attending the meeting to see the outcome.

 

Chairman Schmierer asked, “Are we doing the branches also?” Surveyor Sterrett replied, “Yes, we are doing the one branch. It is believed that there was about 2 feet coming out of that branch in a certain place. I have the plans here if anyone would like to look at it.”

 

Chairman Schmierer asked for clarification on the fee, “Is the $13.80 a one time fee?” Surveyor Sterrett responded, “Yes, it is already on maintenance. We are using the maintenance fund.” Chairman Schmierer added, “We should have the draw of the maintenance for next year left in the fund, right?” Surveyor Sterrett replied, “No, I don’t think it was collected anymore. I think it was paid up.”

 

Chairman Schmierer stated, “You’ll have to put it back on maintenance.” Surveyor Sterrett replied, “Yes.”

 

Surveyor Sterrett pointed out the beginning branch and the start of the ditch on the plans. He explained that there is quite a bit coming out. He further pointed out the existing flow line and the proposed flow line. Surveyor further explained which landowners were affected. He pointed out which property Mr. Carlson and Mr. Rausch owned.

 

Chairman Schmierer asked, “Do you have all of the advertising done on this?” Mary Sterrett replied, “Yes.”

 

Surveyor Sterrett explained, “The attorney always asks if we received any remonstrance against it; we have not had any remonstrance or objections.”

 

Chairman Schmierer stated that the hearing could be closed and he further entertained a motion to instruct the Surveyor to go ahead and let bids on the A. K. Ruth Reconstruction Project. Member Burton so moved. Member Heimlich seconded. Motion carried unanimously. Chairman Schmierer stated that the motion had been made and seconded to instruct the Surveyor to let bids on the A. K. Ruth Reconstruction Project after the hearing today.

 

Chairman Schmierer read the following:

 

ADOPTION OF RECONSTRUCTION PROJECT

I.C. §36-9-27-52

 

THERE BEING NO FURTHER DISCUSSION OR EVIDENCE TO BE SUBMITTED IN THESE PROCEEDINGS, THE CHAIRMAN WOULD NOW CONSIDER A MOTION TO DETERMINE THAT THE COSTS, DAMAGES, AND

 

 

EXPENSES OF THE RECONSTRUCTION WILL BE LESS THAN THE BENEFITS ACCRUING TO THE OWNERS OF THE LANDS BENEFITED BY THE RECONSTRUCTION OF THE A.K. RUTH DITCH.

 

SO MOVED BY MEMBER BURTON

SECONDED BY MEMBER HEIMLICH

 

UPON A MOTION DULY MADE AND SECONDED, AND AFTER HAVING CONSIDERED ALL OF THE EVIDENCE AND OBJECTIONS (IF ANY) 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 THREE (3) IN FAVOR AND ZERO (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 A.K. RUTH DRAIN ESTABLISHED.

 

The next item on the agenda is the request for a waiver for Adam Wiese’s Hog Facility. Surveyor Sterrett displayed drawings from IDEM permit. Surveyor Sterrett further explained the drawings by pointing out Shoop Road, southwest of Reynolds, located near where Roger Wiese has built his hog operation. Surveyor Sterrett asked Mr. Roger Weise about property ownership. “The property that Adam Wiese owns is 5.223 acres which is completely surrounded by me (Roger), with an easement to it.” Surveyor Sterrett explained that the hog building is to be located 700 feet from the road.

 

Chairman Schmierer asked, “Is what you are asking for is a waiver?”

 

Surveyor Sterrett further explained the property that Roger Weise owns and asked if there was detention in there to collect storm water?” Mr. Weise explained, “That detention area functions to collect storm water, but also a safety valve in case we do have an accident while pumping, so it is contained to the site and does not enter the water for the county. “ He further explained, “You see there are outlet pipes in both of those and both of those will have plugs available that will be installed when we are pumping so if there are any mistakes that would catch it. You can see over toward the right that those areas should vary from about 1 foot on the shallow end to about 2.5 feet on the outlet ends of those pipes. Adam has also hired Segal Construction to do all of that work and he has a laser on his Cat so we should be able to control that pretty well, what we are doing there.”

 

Chairman Schmierer asked, “Roger owns the ground around the property that Adam owns and is going to build, correct? Don’t we need to have Roger Wiese issue a letter to us? I am not against it, I just want to make sure we do it the right way because sometimes if ownership changes we can have problems. That is why we try to protect Adam so in case something happens, that is what that is for.” Chairman Schmierer further added, “I have no problem with this, but we need to have that letter.”

 

Roger Weise added, “I think the areas that we established there to catch that rain water are plenty ample in size.” Chairman Schmierer responded, “I don’t have any quarrels with it at all, but if you own the ground around it there has to be that covenant to go with it. I am sure you don’t care.” Roger Wiese replied, “No.”

 

Chairman entertained a motion to grant Adam Wiese a waiver for the drainage permit for the hog facility pertinent to a letter of commitment from surrounding land owner. Member Heimlich so moved. Member Burton seconded. Motion carried unanimously.

 

Attorney Loy and Surveyor Sterrett will draft the letter for Roger Wiese to sign off and will contact the Wiese’s when it is completed.

 

Roger Wiese asked, “if the waiver has been granted can Adam now apply for the building permit?” Chairman Schmierer and Attorney Loy both answered, “Yes.”

 

The next item on the agenda was the drainage review for Family Dollar – Brookston. Engineer Todd Frauhiger and I reviewed this last Thursday. The plan was done by Mr. Robert William Gross. Chairman Schmierer asked the engineer, Todd Frauhiger if this was ready to go? Engineer Frauhiger explained, “Yes. Basically what is happening is the new storm sewer is put in (notated by the blue line) with two orifice plates in it; one at the upstream end and one downstream. It’s going into an existing storm sewer, 12 inches if I remember correctly. This storm sewer drains into Brookston’s new storm sewer which was installed about 5 or 6 years ago and eventually into Moots Creek. The storage is going to be realized with a combination of 24 inch oversized pipe underground and in larger storms I think there will be a little bit of puddling at the end of that, which is surfaced at the north end of the parking lot. We had a chance to talk with Bob after we talked to Max down in Brookston. The orifice calculations are correct, the detention calculations looked good, and Max was satisfied with the capacity of that sewer. There is an existing foundation on the site right now from a building that was torn down with a hard surface already there, so it won’t be a major change and this should actually improve conditions.”

 

Surveyor Sterrett explained that this is where the former Family Pantry gas station was located. Chairman Schmierer asked if the paperwork was ready to be signed. Board Member Heimlich entertained a motion to approve the drainage plan for the Family Dollar – Brookston. Member Burton seconded. Motion carried unanimously.

 

The next item on the agenda was the drainage review for Family Dollar – Monon. Surveyor Sterrett explained that this site was located at State Road 16 and 421. Todd Frauhiger explained that this plan was ready to go. Bob used the same

 

 

detention scheme. There are going to be two connections into the existing 24 inch pipe that basically goes around the site. One connection point here (pointing to screen) and one connection point toward the top (of the screen). The building roof drains are split, part going to the northern connection and part to the southern connection. The town has a 24 inch sewer that goes west into where the doctor’s office and apartments are. It comes down, goes by State Road 16 for while and then goes down to McKillip Ditch. It is fairly new. There will be orifice plates in both to control the volume of water to that 24. It does meet the ordinances.

 

When that goes east, that doesn’t go into the Brown Ditch? Surveyor Sterrett replied, “No, it’s separate from the Brown. In fact, the Brown empties into this tile. I think it is cut off at the school and then the Brown continues on. The Brown is still in there.”

 

Chairman Schmierer asked, “Is this ready to be approved?” Surveyor Sterrett replied, “Yes.” Chairman Schmierer entertained a motion to approve the drainage permit for Family Dollar – Monon. Member Burton so moved. Member Heimlich seconded. Motion carried unanimously.

 

Todd Frauhiger added that they had met with Dave Scott, with the town of Monon and they had no objections.

 

The final item on the agenda is a request for a waiver for M&T Repair. Surveyor Sterrett described the location of this property and provided visual from GIS. This is owned by Malcolm Walker. Surveyor Sterrett explained, “He is constructing a building which is over 10,000 square feet. The building will be approximately 12,000 square feet. He actually has stone in this section. Todd and I went and looked at it. The proposed building was pointed out. Engineer Frauhiger explained that one building is to be built immediately and that future expansion is also shown on the drawing. He further explained that the entire site is compacted gravel. He has put a sand base down and you can see the gravel through the sand in places. He really is not changing any run off characteristics for the site. The 5 inch tiles will be installed and drained into a private tile which goes to the legal county drain. He really is not changing any conditions. He is adding roof top surface, but he is adding it over compacted gravel.

 

Surveyor Sterrett stated that M&T Repair is requesting a waiver. Member Burton asked, “Are you recommending the waiver for M&T Repair?” Engineer Frauhiger answered, “Yes.”

 

Chairman Schmierer entertained a motion to grant a waiver for M&T Repair Service in Round Grove Township. Member Burton so moved. Member Heimlich seconded. Motion carried unanimously.

 

Surveyor Sterrett showed some photos of the Holcomb Tile on the east side of the railroad. There was a suck hole that was discovered in Reynolds. The surveyor received permission from the railroad to investigate what was wrong. The tile actually comes from the elevator, goes through the fertilizer plant and turns and goes south down the inside of the right-a-way for about 200 feet.

 

This is located on the east side of the railroad. Surveyor Sterrett described the markings on the aerial photo. This line is where the legal description actually plots. Surveyor Sterrett pointed out a line which he felt was more accurate place for it because of a wet line. So, he drew that line because that was where he thought it might actually be located. An air well was located at the fertilizer plant and this is where the suck hole was. The tile was probed out for a little ways and decided that it must turn and that was why there was a hole there because the tile was bent and there was a wide gap where it bent around. There were 2 feet sections of 15 inch clay tile. So, it started sucking dirt at that location and that location was repaired. We went on down and noticed there was a low spot on VeraSun property. Surveyor Sterrett actually dug down and found the plastic tile. This was reconstructed back in 1991 or 1992. The reconstructed part comes down to 25 North, along the north right-a-way line and then down the east side of Main Street and ties back in to the old tile. Board members questioned the date of when that was reconstructed. Surveyor Sterrett confirmed that his records indicate that it was 1992.

 

We did replace part of the old tile with an 8 inch. Mr. Kelly did that job. Surveyor Sterrett called VeraSun, or HDR, and I also went over to their office to notify them that we were out there working. Eric was supposed to send a PDF file of where the new rail line was going to go. The PDF file was never received. Surveyor Sterrett wanted to bring awareness to this so that VeraSun doesn’t build a rail line on top of the tile. Surveyor Sterrett further explained that where they dug out, it was clean. There was no sand in it at all. It was running, there was not much water, but it was running.

 

Chairman Schmierer asked, “Why are we still having water problems on that edge of town?” Surveyor Sterrett answered, “There must be pocket down there and he has a pocket in his garden. I don’t know. If you look in the air well everything looks alright in there. I guess we need to go out there after a hard rain and see what is going on. I noticed that the County Highway was working on a tile down at the fairgrounds. I stopped there, it looked like they were putting a catch basin in, but I didn’t talk to anyone. I don’t know which way this is running because they put a new tile in going to Diener Ditch. Chairman Schmierer stated, “They have a terrible water problem at that end of town. Isn’t that where Charlie is always talking about?” Member Heimlich answered, “Yes.”

 

Surveyor Sterrett added that Coffin’s garden fills up when it rains. The new tile that they reconstructed is over here now and they replaced this. He has an air well right there in his garden. I don’t know whether it’s not beating the peak or what is happening.

 

Chairman Schmierer asked, “Do you think it is plugged on the elevator, fertilizer plant side?” Surveyor Sterrett said, “It is running, there wasn’t much water in it because it was dry, but it was running good.” Surveyor Sterrett added that maybe when it gets fuller there is an obstruction that is higher.

 

Engineer Frauhiger stated that a 15 inch tile draining that much of an urban area, it might take a while to drain it out. The fairground’s parking lot is all tiled. There is tile every 50 feet or so. It could just be that it is draining as fast as it can.

 

Surveyor Sterrett stated, “My main concern now is the railroad. I wanted to make sure that they knew where it was at before they do any designing.” Chairman Schmierer replied, “If the tile is going to be in the way, they will have to pay for moving it.”

 

Surveyor Sterrett said that Eric was going to send him a file via email to mark the tiles and email the file back to Eric. Surveyor Sterrett stated that he had not received anything from him pertaining to that and that he had spoken with him twice since he had been out there. This reconstruction, according to the legal description, started 250 feet from 25 North and that is exactly where we dug and found the plastic tile. How it got to be running up along the railroad…It is on the inside of the right-a-way for about 200 feet. It looks old; it was quartered, so it can’t be running around there since Farm Bureau’s been there. It’s got to be the original location of it. Actually, it should be down where there isn’t anything according to the legal description, unless there was a distance left out on the legal description. They could have left this distance out; this has been done quite a bit. Surveyor Sterrett asked, “Do you have any recommendations?”

 

Chairman Schmierer answered, “I think you’ve done just about everything you can do.”

 

“I can get in there and jet it out, but it’s already clean.” Surveyor Sterrett said. Chairman Schmierer replied, “There is no sense in doing that. I think you have done everything we have asked of you.”

 

“We have another problem,” Surveyor Sterrett stated. The location is the Ray Smolek Farm. This is a commissioner’s regulated ditch; however, it is not on maintenance. A building permit has come through the Surveyor’s office to build a grain bin right around the location of the tile.

 

Chairman Schmierer asked, “Right over top of the tile?”

 

Surveyor Sterrett answered, “Close, I don’t know exactly where the tile is located. This is just a guess of where it is from our 1951 maps. We did find it here, actually this is an open ditch and here is another open ditch around the building. There is an air well there, but Mr. Smolek says he thought it was close to the tile. He has a building here, a hog building with a pit in it right over the tile. There is the Miller property over there.”

 

“Mr. Smolek said that the Miller’s ran their own tile and it starts here and goes up here and then comes down here and empties into the ditch right in here. So, it appears to me this tile has been cut-off.” Surveyor Sterrett stated.

 

Chairman Schmierer asked, “What is the name of the tile?”

 

“It is the Timmons, Branch #5.” Surveyor Sterrett replied.

 

“Well, that hog house surely would have cut-off the tile if it had a deep pit in it,” Attorney Loy stated.

 

“They have, and besides there is an open ditch right here, there is one on each side,” Surveyor Sterrett stated. “Actually when I was out there on Friday, Mike Ezra was out there putting tile around the buildings and tying into this tile here.” Surveyor Sterrett continued.

 

“That goes into the big ditch,” Charlie Mellon added.

 

“So, Mr. Smolek was going to start putting the concrete pad for his grain bin site today. I did not give him permission yet. I didn’t know what the commissioner’s would want to do here.

 

“So the cement truck is probably sitting out there right now” Member Burton said.

 

“Dave Anderson was going out there to stop him,” Surveyor Sterrett stated. “There are three land owners on this tile one is Miller and one is Ploss and maybe this guy here. This is all Mr. Smolek’s ground.” He continued.

 

“I almost say you’d have to find this tile. I don’t think we’d want him to build over it, would you? Why wouldn’t we want to find the tile? Chairman Schmierer asked.

 

“Well, I think it’s down here.” Surveyor Sterrett stated.

 

“Is the tile still functioning?” Attorney Loy asked.

 

“It can’t be functioning. This has all been cut-off. They have put this tile in,” Surveyor Sterrett said.

 

“Are they being assessed on this?” Member Heimlich asked.

 

“No, it is not on maintenance. It has been put in our drawer that says no maintenance. Branch #5 of the Timmons was in a file pocket in our drawer down there that says no maintenance,” Surveyor Sterrett stated.

 

“It looks like it should be vacated if it is not functioning anymore,” Member Heimlich said.

 

“Mr. Smolek stated he thought he could get all the landowners to sign a petition to vacate it. Do we have to have a hearing?” Surveyor Sterrett asked.

 

“Yes, you’d have to have a hearing, but that would be an alternative to consider,” Attorney Loy stated.

 

“If you have all of the landowners, do you still have to have a hearing?” Surveyor Sterrett asked.

 

“I think so, I’ll have to check the statute" Attorney Loy stated.

 

“That’s not going to happen before he builds this grain bin” Chairman Schmierer said.

 

“No,” Surveyor Sterrett replied.

 

“Let’s go back. I am not familiar with the lay of the ground. With the elevation and where you know the outlet is, how deep would that tile be? Not very deep?” Member Burton asked.

 

Surveyor Sterrett replied, “They had it dug up right here, 4 feet maybe, at this point.”

 

“Did you find it there?” Member Heimlich asked.

 

“Yes. The ditch is deeper than the tile. I mean that it is right at the tile level. So, if this is the county tile that they had exposed here, it is not in here anymore.” Surveyor Sterrett said.

 

“I suppose you can go ahead and let him build on it,” Chairman Schmierer said.

 

“I think I am still going to go through the process of vacating this tile,” Surveyor Sterrett suggested.

 

“Right, I think we should do that, go ahead and vacate it,” Member Heimlich said.

 

“This is our 1951 map. This is 600 North up here and this is 1050…1025 East I think. His house is sitting close to this one branch here. He came in this morning and said that he had talked to Millers and they didn’t have a problem with it and that they didn’t want anything to do with it. He wants to vacate this other one at the same time. He says that has been cut-off also.”

 

“Well, you have to have a hearing on it. You’ll know when you have hearing the people will come out of the woodwork if it has not been cut-off,” Chairman Schmierer said.

 

“The Millers are getting out of the hog business, I can tell you that, but I think they have rented the buildings out,” Charlie Mellon said.

 

“If that tile is blocked off up north and Miller’s don’t care…I don’t see anything wrong with…if he doesn’t think it’s working, where he puts his bins. If it’s already cut-off,” Charlie Mellon said.

 

Chairman Schmierer asked if there was anything else for the Drainage Board.

 

Engineer Frauhiger wanted to bring awareness to the Main Street Project. “The energy dissipater is completely done. It is quite a structure. The upstream end where it is regulated has now been tied back with where the ditch has been reconstructed and it all looks good. This is on the James Carter. It is regulated just upstream of the bridge. The downstream is not regulated, but...the upstream ditch has been reconstructed. The upstream inlet structure, there is a drop structure there which takes the water and drops it about 8 feet. It then goes underneath the road through an 84 inch pipe and then downstream energy dissipater, but it’s amazing during a rainstorm to stand and watch. You will see the difference in velocity between the upstream and downstream energy dissipaters. There are many places you can stand along the bank and look down at it.” Engineer Frauhiger shared.

 

“Are they going to put a guard rail on that?” Chairman Schmierer asked.

 

Engineer Frauhiger replied, “They have that fence in, but they are not finished. There was originally a guard rail, but there is some concern by INDOT that children could climb over the guard rail. So, INDOT wanted that 8 foot fence put across the top of that. I am not sure how they’re going to tie that back in yet.”

 

“That is a long way down, isn’t it” Chairman Schmierer added.

 

“It is a long way down. That is why INDOT required the 8 foot fence. Between the upstream where the water comes in and the downstream end there is a 43 foot difference.”

 

Chairman Schmierer asked if there was anything further for the Drainage Board.

 

Chairman Schmierer then adjourned the meeting.