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January 7, 2008 Tape #001

The White County Drainage Board convened at 10:40 A.M. in the Commissioners’ Room of the White County Building, Monticello, Indiana, with Board Members John Heimlich and Steve Burton, Attorney George W. Loy, Surveyor Dennis Sterrett, Drainage Assistant Mary Sterrett and Secretary Jamie Rozzi in attendance. Board Member Schmierer was not in attendance.

 

Others in attendance were Charlie Mellon, Mark Carter, and Joe Ruemler.

 

Chairman Burton opened the meeting asking for approval of the minutes for the December 17th, 2007 meeting. Board Member Heimlich moved to approve the minutes as presented. Board Member Burton seconded the motion. Motion carried.

The next item on the agenda was to open maintenance quotes on the J. L. Ackerman Branch #5 and the J. L. Ackerman Branch #1 of Branch #5.

 

Attorney Loy stated, “We have received two bids for this project. One bid is from County Line Tiling & Excavation and another bid from Blackman Excavating. The bids for this project were as follows: County Line Tiling and Excavating $9,000.00 and Blackman Excavating $7,600.00.”

 

Surveyor Sterrett stated, “This is for a maintenance job over by Headlee. We have already had the landowners meeting on it.”

 

Attorney Loy also stated that an equipment list along with hourly prices was also attached to the bid from Blackman Excavating. The list was just additional information and not relative to the project on the J. L. Ackerman Branch #5 and the J. L. Ackerman Branch #1 of Branch #5.

 

Chairman Burton asked, “So we have received two bids, County Line for $9,000.00 and Blackman for $7,600.00. I would like to ask whether or not we have used Blackman before?”

 

Surveyor Sterrett replied, “Yes, they have been used before, but they have not done any ditches since I have been here.”

 

“Were there any problems?” Chairman Burton asked.

 

“Not that I am aware of,” Board Member Heimlich replied.

 

“I just wanted to bring that up to make sure there were no outstanding issues. That answers my question,” Chairman Burton stated.

 

Surveyor Sterrett added, “Blackman lives about 500 feet from the ditch.”

 

Board Member Heimlich moved to approve the contract from Blackman Excavating in the amount of $7,600.00 for the J. L. Ackerman Branch #5 and the J. L. Ackerman Branch #1 of Branch #5. Chairman Burton seconded the motion. Motion was carried.

 

The next item on the agenda was a request for drainage ordinance waiver for Hedges Subdivision. This is a one lot subdivision. This property is located just south of Monon. It is located on the south side of McKillip Ditch.

 

Board Member Heimlich asked, “So, what they would like to do is to separate the house out from the farm ground, correct?”

 

“Yes, it is right straight across from the old stone quarry. It looks like it is 1.78 acres,” Surveyor Sterrett replied.

 

Chairman Burton, “Are they asking for a waiver for the location of where the house is currently or are they asking for a waiver for the farm ground adjoining the house?”

 

Surveyor Sterrett stated, “This house is part of a farm. They have sold the farm ground and now they would like to cut the house out and sell it. They have already had their one acre cut, and they want to cut less than three acres, so they have to do a subdivision.”

 

“So, the property we are talking about is the property on which the house sits?” Chairman Burton asked.

 

“Yes,” Surveyor Sterrett asked.

 

“So, the house is there and exists and they are not changing anything?” Chairman Burton asked.

 

Surveyor Sterrett replied, “Correct. The only reason they are doing this is because they had to subdivide because it wasn’t three acres due to Area Plan rules.”

 

Chairman Burton asked, “So what is your recommendation?”

 

“I don’t see a problem with it,” Surveyor Sterrett replied.

 

Chairman Burton asked if anyone in attendance had a concern with Hedges Subdivision. Board Member Heimlich then moved to grant the waiver from the drainage ordinance for Hedges Subdivision. Chairman Burton seconded the motion. Motion carried.

 

The next item on the agenda was a request for a waiver from the White County Drainage and Sediment Control Ordinance for Industrial Addition – Part 2. The location of this is near First and Ireland Streets.

 

Surveyor Sterrett explained, “They want to cut this into four (4) lots. Two (2) of the lots currently have buildings on them.” (Please see Industrial Addition – Part 2 file for a copy of the request that was sent from James L. Milligan, Land Surveyor.)

 

Surveyor Sterrett explained the location of Industrial Addition – Part 2 and that West Side Commercial was designed with the proposed subdivision in mind.

 

Board Member Heimlich asked, “Why would we grant a waiver when they stated in their letter that they would have to build a retention pond or get the storm water to West Side Commercial? If we grant a waiver, then they wouldn’t have to do that, right?”

 

“Or, even review what they do put in…,” Attorney Loy stated.

 

Chairman Burton stated, “The biggest issue I have here is that they are going to have to cross a city street to do that. There is no existing link between those two.”

 

Surveyor Sterrett explained, “There was supposed to be a 36 inch sewer put in to the detention pond, which was supposed to cross the road. I went out there when there was a lot of snow on the ground. I did not see an outlet down at the pond for the 36 inch sewer and I don’t think it’s installed. There was an outlet for a pipe which connects to the other detention pond and that pipe has been installed.”

 

“I was not around at this time, but weren’t there some issues with the West Side Commercial, correct?” Chairman Burton asked.

 

Surveyor Sterrett replied, “When I came here this pond or the other pond was not complete and they wanted to build a doctor’s office building there. It was some time ago.”

 

“I don’t understand how they could be exempted from the ordinance. Paragraph two states that the developer will have to either build their own retention pond or make provisions to get their storm water to the retention pond on West Side Commercial Subdivision. Then they go on to ask for an exemption from the requirements from the drainage ordinance. If you grant them the exemption, why would they have to do anything?” Board Member Burton asked.

 

“Right, they wouldn’t,” Attorney Loy stated.

Surveyor Sterrett explained, “There is another possible problem. I think that Jordan and Mursner own the property just north of the proposed Industrial Addition – Part 2, it’s under JDMW Land Trust. If they were to get their water to the detention pond on West Side Commercial they would need an easement to get across that property.”

 

“I think from what we have heard we do not want to grant this exemption from the drainage ordinance,” Chairman Burton asked.

 

Surveyor Sterrett replied, “I checked when this first came in back in December. Area Plan had not received anything on it.”

 

Board Member Heimlich made a motion to deny the request for exemption from the White County Drainage and Sediment Control Ordinance for Industrial Addition – Part 2. Board Member Burton seconded the motion. Motion was carried.

 

The next item on the agenda is to discuss clearing brush on the Carter Hines. At the last meeting it was decided that the brush could be cleared now to get it out of the way. Surveyor Sterrett has since went out to see which part will need to have brush cleared. The section that is to be cleared will be from State Road 39 to the County Road 500 North. Surveyor Sterrett has sent away for a SEA-368 review from the Department of Natural Resources and it could take up to 90 days for the results of that. Surveyor Sterrett’s estimate for the project is $34,149.00, which includes clearing of brush only, and there is approximately $54,000.00 in the maintenance fund for this ditch.

 

Surveyor Sterrett stated that he plans to have a landowner’s meeting, but thought he should wait to hear from the Department of Natural Resources before proceeding with the meeting. Board Members Burton and Heimlich agreed that they should wait to hold the landowner’s meeting for the Carter Hines.

 

The last item on the agenda is Farmers’ Cooperative request for Consent to Encroach on the Unroe Drain along Scott Street in Wolcott.

 

Surveyor Sterrett showed several photographs of the site including the ditch and where the proposed building will be. He explained, “The Unroe Drain has an open drain along Scott Street and there is a tile drain out in the street. Back in 2002, they were granted a limited Consent to Encroach on a regulated drain to build a bin. There is a storage place that is currently there. It will be torn down and the bins will be built in its place.”

 

“So, the one in 2002 was for the four bins or for all seven?” Attorney Loy asked.

 

“No, it was actually just for the one,” a representative from Farmers’ Cooperative replied.

 

“Is the storage place within the 75 feet? And if so, will it be replaced?” Attorney Loy asked.

 

“No, it will be torn down. I measured 35 feet from the concrete to the top of the bank. I believe they are requesting 30 feet for the other one. Are those going to line up?” Surveyor Sterrett explained.

 

“We would like to go with 30 feet. I believe the others are either 30 or 35 feet,” a Farmer’s Cooperative representative stated.

 

Surveyor Sterrett explained, “The tile had been replaced back in 2001. The last time the ditch was dipped was about three years ago. County Line Tiling and Excavating did it. The town actually hauled the spoil away and it was dipped from the street side.”

 

“So, it will be five feet closer than the last consent to encroach was granted?” Chairman Burton asked.

 

“Yes, the last one said up to 35 feet,” Surveyor Sterrett replied.

 

Chairman Burton asked, “Is this something that has to go before the Board of Zoning Appeals or Area Plan?”

 

Surveyor Sterrett stated, “I think they already have the height variance.”

 

A representative from Farmers’ Cooperative stated, “Yes, we already have the height variance. Now we are waiting on a state release.”

 

Attorney Loy stated that he would draw up the Consent to Encroach and give it to Surveyor Sterrett and explained that they would follow the same procedure as last time making sure that it is recorded. He confirmed that the officers for Farmers’ Cooperative were still Edward Lawson and Donald English.

 

Board Member Heimlich made a motion to grant consent to encroach up to 30 feet to the Farmer’s Cooperative for their grain bins on the Unroe Drain. Chairman Burton seconded the motion. Motion carried.

 

Chairman Burton asked if there was anything further for the Drainage Board. Chairman Burton then adjourned the meeting.