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October 1, 2007 Tape #021

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 Heimlich and Steve Burton, Attorney George W. Loy, Surveyor Dennis Sterrett, Drainage Assistant Mary Sterrett and Secretary Jamie Rozzi in attendance.


Charles Mellon was also in attendance.


Chairman Schmierer opened the meeting asking for approval of the minutes for the September 17th, 2007 meeting. Board Member Burton so moved. Chairman Schmierer seconded the motion. The minutes were approved unanimously.

The second item on the agenda was appointment of the Drainage Board Secretary. Surveyor Sterrett would like to appoint Jamie Rozzi as the Drainage Board Secretary. Board Member Heimlich so moved. Board Member Burton seconded the motion. Motion carried unanimously.


Surveyor Sterrett asked if Board Member Heimlich had received an email from Dave Arnold regarding Indian Creek. Board Member Heimlich stated that he did receive the email and it basically explained that nothing has happened. They were going to try get the court hearing sped up.


Surveyor Sterrett asked Attorney Loy if he had anything further to add regarding an earlier discussion of the Receipt and Waiver of Mechanics’ Lien Rights that was received from VeraSun. Attorney Loy stated that he would call the South Dakota Law Firm that this letter originated from and confirmed that the Surveyor should not sign anything at this point.


Board Member Heimlich asked, “What does this receipt and waiver mean?”


Attorney Loy stated, “It is from a South Dakota Law Firm for VeraSun. I don’t know why they sent a Mechanics’ Lien…There is going to be more that VeraSun is going to owe us, right?”


Surveyor Sterrett replied, “Yes, in fact, we haven’t received CTE’s bill from the last time. I don’t see that it is from a law firm.”


“We don’t want to sign anything that might suggest that we are paid in full. We don’t put Mechanics’ Liens on property anyway. Just hang on to it,” Attorney Loy added.


Attorney Loy stated that he would like to discuss what Environmental Officer John Raines was requesting from the White County Commissioners regarding Greg Jacobs and the Victor Tile (Brookston). Attorney Loy explained, “Officer Raines has apparently been in touch with someone from IDEM who has told him that they will order Jacobs to remove the dirt from the property in Brookston if the Commissioners tell them to. I have not talked to John about this, but I probably do need to get in touch with him.”


“From the property by our tile…Where he took the dirt from the station. I have not seen the letter,” Board Member Heimlich added.


“I have spoken to neither anyone from IDEM or John about it, and if a letter read ‘On behalf of the White County and Brookston we are requesting that you remove the dirt’, you need to have some reason for doing so. It is on his property. If there is an environmental reason to do that, that is fine but I don’t want….IDEM is kind of passing the buck to us and I don’t want to expose the county to an unnecessary lawsuit if IDEM gives him an order and they say because White County told us to and we (White County Commissioners) don’t really have a reason,” Attorney Loy stated.


“What is IDEM going to do if we don’t say anything?” Board Member Heimlich asked. “It is still their responsibility to see that there is no environmental impact,” he continued.


Board Member Burton stated, “John has the sample that IDEM had given him. Most of it was ok. There were some hot spots. The day that IDEM met with him IDEM preferred that he land farm it versus removing it because he’s saying it’s over there, but…I’m taking consideration that he did not have approval to take it there, etc.”


“This is something that would require action from the Commissioners and, again, I think the letter is broad and needs to state reasons why if you are going to require it to be moved,” Attorney Loy added.


“I agree with Attorney Loy that we need to see an official letter from IDEM requesting such, in reference to,” Board Member Heimlich continued.


“I don’t think we want to take any action,” Chairman Schmierer stated.


“I don’t think so, not at this point,” Board Member Heimlich added.


Chairman Schmierer asked if there was anything further for the Drainage Board. Surveyor Sterrett mentioned that they have been out doing section corners with the GPS system. There have been a few tile repairs that the Surveyor’s Office has gone to look at. As soon as the corn gets off, we’ll be starting the ditches. The bid invitations for the Esther Fraser were sent out on September 21st.


Board Member Heimlich stated, “I saw the discussion in the minutes about the performance bond on the Esther Fraser. Was that needed?”


“Yes, we decided that we were going to bid the first time requiring a performance bond,” Surveyor Sterrett explained.


It’s not required by law, is it?” Board Member Heimlich asked.


“You can waive it if you want,” Attorney Loy stated.


“I thought it was over $100,000 that you were required to have a performance bond,” Board Member Heimlich.


“Over $100,000 you are required,” Attorney Loy added.


“We just went through this on the Monon bidding. We had a problem with it and we ended up going in a different direction,” Board Member Heimlich stated.


“Did you require a performance bond for the Monon?” Surveyor Sterrett asked.


“It was required originally, but we negotiated different language. It was my understanding that $100,000 was the state statute and actually what we did was break the project down into separate segments to avoid that,” Board Member Heimlich stated.


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


Chairman Schmierer adjourned the meeting.