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April 6, 2009 Tape #08

The White County Drainage Board convened at 10:35 A.M. in the Commissioners’ Room of the White County Building, Monticello, Indiana, with Board Members Ron Schmierer, John 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:

Charlie Mellon Bob Smock

Jim Hallar Mike Ezra

Ed Gutwein Sharon Watson - NRCS

The first item on the agenda was to approve the minutes from the March 16, 2009 meeting. Board Member Heimlich so moved. Board Member Burton seconded the motion. Motion carried unanimously.


The next item on the agenda is consent to encroach on the Fern McKillip Ditch requested by Roger Overmyer.


Surveyor Sterrett explained, “Mr. Overmyer wants to put two grain bins up. This is on the McKillip Ditch west of Monon.”


“His existing bins are…,” Chairman Burton stated.


Surveyor Sterrett stated, “One of them is 25 feet off the top of bank here. He wants to put two more and they would encroach; they would be 55 feet off.”


“Does he own the ground across the ditch?” Board Member Burton asked.


Surveyor Sterrett replied, “Yes.”


“So if we clean he’d be…,” Board Member Burton stated.


“I don’t think it will cause a problem at 55 feet. I don’t have a problem with it,” Surveyor Sterrett explained.


Board Member Burton made a motion to grant a Consent to Encroach on the Fern McKillip Ditch to Roger Overmyer. Board Member Heimlich seconded the motion. Motion carried unanimously.


The next item on the agenda is a landowner meeting for the E. Shafer Tile.


Surveyor Sterrett explained, “We sent out a letter to all of the landowners on the Shafer Tile. Mr. Shafer took the trees off the tile and in the process of doing that he was pushing them over; he said there were roots in the tile and when he pushed the trees over, the roots pulled the top of the tile off. There is about 90 feet, which would take 100 feet of tile, its 20 inch tile and they don’t make a 20 inch tile in plastic so we have to put in a 24 inch in. I don’t want to reduce it to an 18 inch. You can see where the roots were. The hole that you can see there he put a lateral in and I think he has buttoned up that hole up himself because I didn’t see it, he has it shut up. So, I got Mike (Ezra) over there to look at it and I think NRCS might be putting a waterway in there… don’t know yet. If we went with a 24 inch smooth core, it would be about $1,800 for the tile. Mike (Ezra) said about $750-$1,000 to put it in.”


Chairman Schmierer asked, “Do we have money in that fund?”


“There is $8,280.00,” Surveyor Sterrett replied.


“Will the waterway get down to the tile—if it happens?” Board Member Burton asked.


Mr. Bob Smock asked, “May I speak?”


Surveyor Sterrett replied, “Sure, yes.”


Mr. Smock explained, “How many acres are there on that? 233 acres or something…anyway it all comes across my land before it ever gets to that spot so we’re trying to do some waterways, we’re trying to make it so that we can get it off my ground and it’s rutting my ground, gullying it really bad; so when it gets to there it’s going through the tile as well as on top of the ground. That is why we’re trying to get it shaved. This is through Carroll County, however, and that’s kind of the bad thing I think, but the other side of the road is White County which is where I’m at. Denny (Surveyor Sterrett) doesn’t know this, but my tile blows every year, so on my side I have two holes that have to be repaired again, but it happens all the time. I talked to Bill Shaffer and he wants to go ahead and put a tile in there, but I’m thinking we need an air well, a vent or something because we just keep blowing it all the time because that tile is really not big enough for as much as it drains. I don’t know how old the tile is, but it was put in there with horses, so it’s a really old tile and it keeps blowing.”


Surveyor Sterrett stated, “There are 196 acres in the watershed and maybe the roots weren’t helping things.”


Mr. Smock stated, “Oh no, I definitely agree to that.”


“So, where do you think that the air well should be?” Surveyor Sterrett asked.


“I don’t know,” Mr. Smock replied.


“Mr. Shafer wanted one on the west side of the road,” Surveyor Sterrett stated.


Mr. Smock stated, “Which would be him, I don’t really…where it benefits the tile, but it seems like it always blows on our property.”


“Is his property downstream from yours?” Chairman Schmierer asked.


“Yes, sir. He is on the west side of the road and I’m on the east side of the road,” Mr. Smock stated.


“Well, if you get an air well at the property line…is that where he’s talking about?” Chairman Schmierer asked.


Surveyor Sterrett stated, “Right there at the bridge. There is already a depression there, if you notice.”


Board Member Burton asked, “So, your ground is on the other side of this road and the water is coming this way?”


Mr. Smock stated, “And I’m telling you when it comes, there is a lot of water on the surface. In fact, they are talking about putting in a 60 foot waterway and we want to stay on the top of the tile. I’m not going to farm on it.”


Chairman Schmierer asked, “It can’t be on top of the tile, can it?”


“Down there it won’t work because there is only 2 feet of cover,” Mr. Ezra replied.


“It won’t be deep enough is it?” Chairman Schmierer asked.


Surveyor Sterrett stated, “Not there.”


“How much coverage do you need on top of a tile?” Mr. Smock asked.


Surveyor Sterrett replied, “I don’t know, more than 2 feet…it depends on whether you farm over if or not.”


Mr. Smock replied, “He’s not going to farm over it; we’ve already talked about that.”


Surveyor Sterrett stated, “Well, I know where they had the flags were off to the side of the tile.”


Mr. Smock stated, “Well, it used to meander through there…so at least he’s got a straight shot so he’s trying to make it so it just…goes.”


Chairman Schmierer stated, “So, I guess you want permission to put a tile back in.”


Surveyor Sterrett replied, “Yes.”


Board Member Burton made a motion to repair and replace the torn out tile on the E. Shafer Tile. Board Member Heimlich seconded the motion. Motion carried unanimously.


Mr. Smock asked, “Can we put an air well in there or can I put an air well in on our side? Ok, why does it blow? Does it blow because it’s plugged up at the other end? Well, we’ve tried to take care of that so it doesn’t blow…too much water in there? Is there a benefit to an air well? If there is I want to put one in.”


Surveyor Sterrett replied, “Yes. Sometimes the water comes out of the air well.”

Chairman Schmierer asked, “Are the two tile holes he has now…are they our responsibility?”


“Yeah, we can fix them,” Surveyor Sterrett stated.


“Mike, can you take care of them while you’re out there?” Chairman Schmierer asked.


Mr. Ezra replied, “Well, to answer your question as far as the air well. One of the things is that when water gets moving fast…and that is going downhill really fast, when that gets so much vacuum behind it, it will literally pull so hard that it can take an older tile and pull it in and collapse that. If you can give air to it, it will quit doing that.”


Chairman Schmierer asked, “When you repair the two tiles holes for him, is there any possibility of putting in an air well at the same time?”


“Well, we were going to put on there. We’ll have to look at the situation…we were going to put one where Denny (Surveyor Sterrett) talked about. There is already a suck hole there and no doubt the tile is broken in, so that would be a perfect place. The reason we were going to put it on this side is the water coming down…if you put it on the other side I think the water will blow by it, but if you come on this side there is a catch all there so I think it’s a better chance of catching it…that is the reason we were talking about that side.”


Surveyor Sterrett explained, “And those tiles are quartered…the ones we were looking at where the water is coming out and coming back in…it’s coming back in here. They weren’t crushed or quartered like we’ve seen on old tiles. They might be quartered on you (Mr. Smock) though.”


Mr. Smock stated, “Where they blow all the time is in the fence row and we never drive on that and they still blow. We had the government surveyor come out on my side and we’re trying to come up with plan to help get rid of all the water to the bridge. Once we get to the bridge, they can take care…Shaffer, it’ll be Bill Shaffer’s property, but we have to get it there first. The air well, yeah, that sounds good to me.”


The next item on the agenda was to discuss the Fern McKillip Ditch. Landowner Myron Boze wanted to discuss this ditch, but was not in attendance.


Chairman Schmierer stated, “Surveyor Sterrett and I were over that way last Thursday…what’s the other one called that we were at; over there on Jim Haller? The Walter Chapman Ditch. We came back and drove what we could see of the McKillip Ditch. We didn’t see anything holding the water back at any place we could see where we were at. I’m not sure what you are going to be able to do with that…the Little Monon Bay right there to the road, but there are not obstructions or anything there.”


Board Member Heimlich stated, “A year ago there was brush, but I think we got that taken care of up there between the highway and the water treatment plant.”


Surveyor Sterrett stated, “Maybe we need to look at the crossing there that goes into the Monon Trailer…I don’t know how big that is. There is a crossing there before you get to the treatment plant.”


Chairman Schmierer stated, “(Dave) Scott had said it never floods down around the treatment plant.”


Surveyor Sterrett stated, “No, he said one time many, many years ago. In the fifties it got in there. These last events it hasn’t gotten out of the banks there, but then again on downstream at Quarry Road, I was over there after January and it was clear up to the top of the bridge. So, you can’t get any more water through the bridge.”


Chairman Schmierer stated, “I don’t know what you can do about it. I don’t know what Mr. Boze wanted to discuss about it or anything else and…”


Surveyor Sterrett replied, “I invited him to come and…”


The next item on the agenda was to discuss the access roads for Meadow Lake Wind Farm on the Big Creek Ditch.


Chairman Schmierer explained, “I think this is all over where we changed…a couple weeks ago on a Saturday. John (Board Member) Heimlich and I were out there, the contractors and one of the landowners…and they want to stay 35 feet off the bank all the way instead of 75 feet in one place. The wind farm wants us to note in our minutes that we approved it.”


Surveyor Sterrett stated, “That we agreed to allow them to build the road 30 feet. It was actually 30 feet.”


Board Member Heimlich stated, “It was 30-46 feet because they are 16 feet roads.”


Attorney Loy stated, “And Martin (Culik) gave us surveys of where they anticipated…”


Chairman Schmierer stated, “The only thing is we’ve got one landowner that was going to be 75 feet off one end of his property and he didn’t want it that far off.”


Board Member Heimlich stated, “Well, there were actually a couple landowners. I think all the landowners would want it…and so we, before when we agreed to let them encroach it was going to be down at the bottom 59-75 feet and now we’re changing it to 30-46 feet.”


Chairman Schmierer stated, “I think all we need to do is put it in the minutes.”


Board Member Heimlich made a motion to change the encroachment of the access roads for Meadow Lake Wind Farm on the Big Creek Ditch to 30-46 feet from the top of bank. Board Member Burton seconded the motion. Motion carried.


The next item on the agenda is to discuss spraying for 2009.


Surveyor Sterrett explained, “The map that you have shows the ditches that are scheduled to be sprayed.”


Chairman Schmierer asked, “Who are you going to try to contact?”


Surveyor Sterrett replied, “John Anderson is one of them. He calls every year and wants to quote it. Shideler Spray also wanted to and Dalton’s.”


“We never paid last year, have we?” Chairman Schmierer asked.


“No, that was Townsend. No, we never paid them,” Surveyor Sterrett replied.


Chairman Schmierer stated, “I wouldn’t give them another chance.”


Surveyor Sterrett explained, “I wouldn’t either, then Dan Alexander, the guy that has been spraying our ditches, the year before last and did a good job I thought. He is now back working for them (Townsend). He called and wanted the chance to quote the ditches and I told him what…”


Board Member Heimlich asked, “He is now back working for?”


Surveyor Sterrett replied, “Townsend…and I told him that we needed a letter of explanation of what was going to happen and they needed to come to the drainage board because that was the last meeting…”


Attorney Loy stated, “At the last meeting we had, that was what they were going to do and we haven’t heard from them.”


Chairman Schmierer, “I’d go some other direction, I think. Wouldn’t you?”


Surveyor Sterrett stated, “We would still have three contractors… (to quote).”


Board Member Burton asked, “What are the red areas?”


Drainage Assistant Mary Sterrett stated, “That is where it goes into a different township.”


“It’s the same ditch, but it goes into a different township. We have to keep it separate by township,” Surveyor Sterrett explained.


“Ok, I can see it,” Board Member Burton stated.


Chairman Schmierer stated, “So what do you want us to do with it? Just approve it?”


“You can solicit quotes…,” Board Member Burton stated.


Surveyor Sterrett stated, “What do we do about last year, anything?”


“What’s to do?” Attorney Loy asked.


“Well, some of the ditches didn’t get sprayed,” Surveyor Sterrett replied.


Chairman Schmierer stated, “Well, you might want to spray those too, this year. You might want to add them on.”


Board Member Heimlich stated, “They were supposed to get sprayed last year and didn’t, you about have to.”


Attorney Loy explained, “I would send Townsend a letter stating that whenever we had that meeting; they didn’t get back with us, this is a new year and they are done as far as that contract is concerned and we have awarded the spraying to someone else for this year. Just so for some reason they aren’t going back, expecting to get paid for a year old contract.”


Attorney Loy asked, “Did we pay them anything?”


Surveyor Sterrett replied, “No, we didn’t pay them a dime.”


Chairman Schmierer stated, “Go ahead and get your quotes, but I would probably add the ditches that need it on there.”


Surveyor Sterrett stated, “That will be a pretty big project then.”


“I don’t know what else you can do, do you?” Chairman Schmierer asked.


Surveyor Sterrett replied, “No.”


Chairman Schmierer, “I don’t think you dare leave them.”


Surveyor Sterrett stated, “Well, you know I think they got some of them, but I don’t think they got even half of them.”


“I don’t think you want to let them go for that long,” Chairman Schmierer stated.


“But you had identified the ones that hadn’t got killed, right?” Board Member Heimlich stated.


“If you identified the ones that they didn’t do a good job on, maybe you just want to go do those if that’s what you think,” Chairman Schmierer stated.


“I don’t know,” Surveyor Sterrett stated.


“It’s going to be easy to identify the ones that they did spray. You’ve got your list from last year, so you’re not going to have to make up the ditch list because you have it existing from last year. Wasn’t there a smaller percentage of the ditches that were satisfactory than the ones that weren’t? Just identify the ones that you thought were ok and mark them off the list,” Board Member Burton explained.


Surveyor Sterrett stated, “I would just say do them all.”


Chairman Schmierer stated, “Well, we didn’t pay anything out so we’re not out anything. So, just get them done and get them done right; that would be your best bet.”


Drainage Assistant Mary Sterrett reported that the bid for spraying for 2008 was $34,477.00.


The next item on the agenda was to discuss cleaning part of the Mertz & Muck.


Surveyor Sterrett explained, “This is the section that is on Heiny/Nacke. Chairman Schmierer and I looked at it.”


Chairman Schmierer explained, “We were up there, it’s in Lincoln/Jackson township, it’s a 1 ¼ miles of ditch that all mucked in. While Surveyor Sterrett and I were up there he was able to get a hold of Allen Howe (Howe Excavating) and he gave us an estimate of 1 ¼ for $3,000.00 to dip out the muck.”


Surveyor Sterrett stated, “In fact, he called me this morning and said that his excavator was sitting there.”


Chairman Schmierer explained, “I told him I was in favor of it, but it needed to come to the meeting and present it to the rest of you. That was dipped…I know it was the done the first year or so that I was on, probably 10-12 years ago. There is plenty of money in the fund to do it with. The guy that has done the work above is going to appreciate it because he is going to have somewhere for the water to go. Now that he has done all that work above, down to it, he really can’t get any place. There is a mile there that is pretty bad, actually a little more than that.”


Board Member Burton made a motion to approve the dipping a mile and quarter of the Mertz & Muck. Board Member Heimlich seconded the motion. Motion carried unanimously.


The next item on the agenda is the Youngmeyer Tile.


Surveyor Sterrett explained, “This is a continuation from when we had the landowners in here the last time. I sent Dennis Sparks & Son Excavating out there and he has it opened up now.”


“Where is this located at?” Chairman Schmierer asked.


“This is up at Buffalo, Van Meter and Hunt property,” Surveyor Sterrett replied.


Surveyor Sterrett explained, “He’s got it opened up, but where the outlet is, it goes through a couple hundred feet of timber and he said there are roots in the tile and needs about 150 feet of tile put in.”


Chairman Schmierer stated, “I’m not surprised, are you? Where it was at…”


“Actually, it’s 160 foot of 15 inch tile. It was $9.00 a foot. He said what he has done now and what he’ll end up doing after taking the trees off the tile, it will be $3,500.00 approximately,” Surveyor Sterrett reported.


Chairman Schmierer asked, “Have we got money in that fund?”


“Van Meter or somebody has taken a front end loader and made a waterway down over the top of it, down to the woods,” Chairman Schmierer reported.


Surveyor Sterrett stated, “It brings in $700.00 per year, its $2.50 per acre and there is $2,300.00 in it right now.”


“And you haven’t collected on it yet this year?” Chairman Schmierer asked.


Surveyor Sterrett stated, “We will collect in 2009. I think we made an addendum to go down and change that. At $700 that would be $2,800.00 when we would stop collecting. We did some work on it in 2008, so we’ll collect another $700 so there will be $3,000.00.”


Chairman Schmierer asked, “Well, when I was up there with you, if definitely needs fixed. Most of the trees were in the fence row, weren’t they?”


Surveyor Sterrett replied, “The trees are right on top of the tile. So, I guess in order to get it to work right we need to spend some money on it and get the trees off and replace the tile.”


Board Member Heimlich made a motion to hire Dennis Sparks & Son Excavating to finish up the Youngmeyer Tile. Board Member Burton seconded the motion. Motion carried unanimously.


The next item on the agenda was to discuss an estimate to repair bank on the James Carter Ditch.


Chairman Schmierer asked, “Are we able to work on that down that far? I don’t know, but I thought we were shut off at…”


Surveyor Sterrett explained, “I think the regulation goes to Main Street.”


“Oh, does it? I don’t know why, but I thought the regulation…we had some trees in there one time and we were going to take them out. There was something…we couldn’t do it or something,” Chairman Schmierer explained.


“This is in Mrs. Hanenkratt’s backyard. You can see how it’s slid in there. There is no way to get to it, except up her blacktop driveway off of Main Street. I got Wrede’s out there…actually there’s a stump here and one down here that has stopped the slide and he thinks he can come in through Dellinger’s woods back behind those apartments over there, but he’d have to take some trees down and take a path, but that wouldn’t be in our right-of-way. Either that or he thought he could put a pipe temporarily in the Main Street side ditch, fill in a bunch of dirt level to Main Street and get across there,” Surveyor Sterrett explained.


“What is that estimate?” Chairman Schmierer asked.


“I was going to say, that would be a lot of dirt,” Board Member Heimlich stated.


“What ditch is this?” Attorney Loy asked.


“James Carter….down on Main Street at Ghost Hollow,” Chairman Schmierer explained.


Board Member Burton asked, “The apartments are on this side? What’s on this side?”


“Ward’s condos (Northbrooke Condominiums),” Surveyor Sterrett replied.


“And that bank comes back funny so there is no way you can reach from the north side,” Board Member Burton stated.


Surveyor Sterrett explained, “Well, he said he’s got to get in there and pull the slide out, is what he said. He wants to put filter cloth and rip-rap in it.”


Attorney Loy asked, “What caused this at this one specific spot?”


Surveyor Sterrett explained, “The bank is oozing out right there, water was coming through the bank.”


“Why not anywhere else? Is there a swale there?” Attorney Loy asked.


“No, there’s no swale. There is a high tension power line and they came in and cut the trees off, left the stump there,” Surveyor Sterrett stated.


Chairman Schmierer stated, “That stump probably held it for a few years.”


Surveyor Sterrett stated, “As soon as the water table goes down, it might heal itself, I don’t know. It’s getting to it…and his estimate says ‘Note: Project estimate is for access to be available through the woods off of Oakview Apartments.”


Chairman Schmierer stated, “I doubt you’re going to get access.”


“He really didn’t want to bring an excavator in her driveway,” Surveyor Sterrett stated.


Attorney Loy asked, “What is immediately on the other side?”


“Main Street is that way…over on this side is Ward’s condo,” Surveyor Sterrett stated.


Chairman Schmierer stated, “But I’m not sure there’s a house right in there…there are a couple condos down in there, a new one down in there.”


Board Member Burton stated, “We discussed that fact, that one apartment comes to a point, but there should have been enough room for an excavator other than that.”


Chairman Schmierer stated, “Yeah, but I’m not sure he can reach across the bank.”


“Yeah, you’re right because that bank on the north side is funny,” Board Member Burton stated.


Surveyor Sterrett stated, “You can’t fix it from the other side, there’s no way. So, I don’t know what to do. It says, ‘Remove loose spoil from ditch bank where the bank has been washed out. Haul in and place 120 ton of rock, 60 ton or large rock (which he was going to put in the bottom) and 60 ton of rip-rap and repair yard when finished’.”


Board Member Burton stated, “I think we better take this under advisement.”


Chairman Schmierer stated, “I think we better think about this for a week or two.”


“You said his estimate was based on getting access where?” Board Member Heimlich asked.


Surveyor Sterrett replied, “They think they can come in through the woods there, which is owned by Teeter, Teeter’s still own that Dellinger owned that, but…If they were going to come in from Main Street they would have to put a pipe in the side ditch because it goes down fast there.”


Attorney Loy stated, “If you could get a copy to me, I’ve got a meeting with the city (Monticello) this afternoon. It might pertain to it; it might not…including the wash, just whatever pictures you have.”


Chairman Schmierer explained, “Mr. Hallar is here…Mr. Hallar came to my house a couple weeks ago and talked to me and Surveyor Sterrett and I went out Thursday. He owns property over on the Walter Chapman Ditch, over by Rose Acre Farms. One mile north…he owns ground clear through to the next road from State Road 16 and that is all mucked in and has quite a bit of brush on it and everything. It has been cleaned down to the road, they have had a friendly clean-out up there and they cleaned it down to that road and there is no place for it to go. Along State Road 16, it’s got to be dipped, wouldn’t you?”


Surveyor Sterrett replied, “There is quite a bit…”


“You’re going to have to dip out a little area across the road, not much just a little across the road. Down through State Road 16 and up that ½ mile is really mucked in and really filled in. Water is getting through, but it just can’t get through from the grass, dirt, and muck. Mr. Hallar asked if we could do anything with it and I told him to come to the meeting today and we would discuss it,” Chairman Schmierer stated.


Chairman Schmierer continued, “Surveyor Sterrett and I have been up there, Denny, what do you think we needed to do?”


Surveyor Sterrett stated, “Well, I was going to back up there and take a look at it, walk it and see how far north we needed to go. We went up to the first road north and it didn’t look bad there.”


Chairman Schmierer asked Mr. Hallar, “How far does up does that muck go? All the way up to the next road? Or not quite all the way up to the next road does it?”


“I think it pretty well to the next road, but past the road it looks like the water is down to grade. There is quite a bit of damage in that area because of the poor drainage. Farms to the west and ours suffer too,” Mr. Hallar explained.


“How much money was in that fund? I know we looked that up,” Chairman Schmierer stated.


Surveyor Sterrett replied, “$9,666.00, we are collecting on it this year and we collected on it last year. It brings in $2,300.00 at $1.00 per acre.”


“You thought there was more money than that, right Mr. Hallar?” Chairman Schmierer asked.


Surveyor Sterrett explained, “There was $17,000.00 in there only because there was a gift from Wiley for that crossing. After they put the crossing in we paid the gift back.”


Chairman Schmierer added, “Ok, that’s where that gift came from. He put a crossing in and he gifted the money to the fund and we had to pay the company for the crossing. If he had to do it he had to get the DNR permits and everything else, so we put it in, he gifted us the money and then we paid the contractor. That is where the gift came from, that makes more sense. I couldn’t remember that, I knew about it but I couldn’t remember what it was.”


Surveyor Sterrett stated, “And that was done…just in March ($7,750.00 was paid to LDK Earthwork).”


Chairman Schmierer stated, “Why don’t we just have Surveyor Sterrett go ahead and walk it and see what he thinks needs to be done and come back to us and maybe we can get on it.”


Surveyor Sterrett stated, “I think Mr. Hallar said there are filter strips along there.”


“It can be done at any time,” Mr. Hallar replied.


Chairman Schmierer explained, “We’re asking Surveyor Sterrett to go out and walk it, measure it, see what needs to be done, get quotes and we’ll go from there. We’ll take it up again at the next meeting…if he’s got time to get out there in two weeks.”


Board Member Burton, “How long is the area that we are talking about doing?”


“A little over half mile by the time you come down the side ditch,” Chairman Schmierer stated.


Surveyor Sterrett stated, “I think Ed (Gutwein) also has some land there.”


Mr. Gutwein explained, “We’ve got land that would be just across…roll over into Jasper County and as Jim (Hallar) had indicated, you know, we normally flood out there because there is no place for the water…that would give us some relief there.”


Surveyor Sterrett reported that he was requested to attend the town board meeting at Chalmers.


Surveyor Sterrett explained, “They want to drain the west part of town and want to put in an 8 inch forced main in and run it to the Dorsey Ditch. They wanted to know if they could use the right-of-way of our legal drain to run that tile down. It is the A. Friday Tile and the R. Barr Tile.


Chairman Schmierer asked, “How far is the Dorsey Ditch away from there?”


Surveyor Sterrett replied, “It empties out right here…here’s the Dorsey. This is kind of a straight line…there’s 1.3 miles there. It’ll probably be a little long than that, probably 1.5 miles.”


Attorney Loy asked, “That they would install…that would be the path of the tile?”


Chairman Schmierer replied, “Yes. Do we have a tile in there now?”


Surveyor Sterrett stated, “The A. Friday Tile and R. Barr Tile, they drain the west side now. That is the one that Board Member Heimlich and I went over and they were pumping water out…”


Board Member Heimlich stated, “It goes west a little bit and then goes north.”


Attorney Loy asked, “Is it set up on maintenance?”


“Yes,” Surveyor Sterrett replied.


“The problem with it is that it won’t carry all the water from town anymore…it’s not big enough to carry all the water from town and they don’t understand that. Now they must understand it because they want to put something in.”


Attorney Loy asked, “So they want to reconstruct that?”


“No, they just want to put another tile in,” Board Member Heimlich stated.


Surveyor Sterrett explained, “An 8 inch forced main and then they are going to put pumps in town and pump the water through the forced main out to the Dorsey Ditch.”


“So, they just want to encroach on our easement,” Board Member Burton stated.


Board Member Heimlich stated, “So they want to put it in the easement of the other tiles.”


“So they wouldn’t have to get their own easement. It would go up…,” Surveyor Sterrett explained.


Attorney Loy stated, “Well, it could probably be done, but…”


“I didn’t know how to answer their question,” Surveyor Sterrett stated.


“I’m not sure I do either. It’s going to be basically the same drainage area, right? It’s almost like a reconstruction,” Board Member Heimlich replied.


Attorney Loy stated, “It is, but someone else-Chalmers is doing it. They will be adding to the…”


Board Member Heimlich stated, “They are doing it, they are going to maintain it then…”


“Then do they maintain…they don’t give it…,” Attorney Loy stated.


Board Member Heimlich stated, “They’re not going to give to us to maintain because they’ve got pumps…”


“Is it going to follow adjacent to the path of one of those two tiles?” Attorney Loy asked.


Surveyor Sterrett replied, “Yes, that is what they want to use is that right-of-way.”


“They would have to keep far enough away that…,” Board Member Heimlich stated.


“The Dorsey Ditch…can we handle that?” Attorney Loy asked.


Surveyor Sterrett replied, “I don’t know…that is the question.”


Chairman Schmierer asked, “Does it overflow?”


“It gets over that outlet. Well, some of their water is going through it now so whatever they pump…it’s the same water it’s just going to get their faster,” Surveyor Sterrett replied.


Board Member Burton replied, “It’s going to help us because it’s going to take the pressure off of our tile trying to drain that side of town.”


“I think it could be done, but it’s an engineering question as far as handling…,” Attorney Loy stated.


Surveyor Sterrett stated, “Ken Smith is their engineer and he was at the meeting and he said that he would get me a set of plans, but I thought I would bring it up to the board. It needs to be studied by an engineer, especially the outlet because there is going to be two (2) 800 gallon per minute pumps.”


Board Member Heimlich asked, “What are their requirements…I guess they don’t have any for easements?”


Attorney Loy stated, “Well, the fact that we have a drainage easement is for the maintenance of our drain….and that does not necessarily give us the right to just let anybody use an easement. There is still a landowner.”


“For maintenance of OUR drain, so we don’t…we’re going to want it far enough away that we can…,” Board Member Heimlich stated.


“And would they have a right to maintain their tile?” Surveyor Sterrett asked.


Attorney Loy replied, “That would be between each individual landowner.”


Chairman Schmierer stated, “See, when the fiber optics come across out here, even though the gas line was there they were going to go next to they had to negotiate with every farmer and every county as they came across.”


“And we would not let them on our easement without that contract. Again, our easement does not give us the right to let other people on the landowner’s land for any reason. I’ll research that issue, but in the meantime you need to be thinking about…,” Attorney Loy stated.


Board Member Heimlich stated, “I think it would be more for their protection to know that they could come in and repair it. I don’t know if we would have a problem with them…since it’s basically the same drainage area we’re talking about, but the landowners that our tile goes through….”


“They would have to negotiate with them. It might be nothing more than a Consent to Encroach for the specific purpose of laying that pipe and a consent to discharge extra flow into whatever ditch that is….they would still have to deal with each landowner,” Attorney Loy explained.


Board Member Heimlich stated, “There have been some problems there in the past, it may not be that easy.”


Surveyor Sterrett stated, “I think there is also a waterway there too. Another thing is…how many laterals will they hit?”


Chairman Schmierer stated, “They created some hard feelings with some of those farms out there pumping that water out…you know that as well as I do.”


“If they can work it out…I think we can,” Board Member Heimlich stated.


Attorney Loy stated, “The town has condemnation powers…they could force the issue is they want to with the landowners.”


Surveyor Sterrett asked, “You mean running a straight shot instead of going up our easement?”


“Well, either or, they have condemnation powers they can force the issue. Like John (Board Member Heimlich) said, it looks like a reconstruction project,” Attorney Loy stated.


Board Member Burton asked, “Why wouldn’t they go south of town…to the sewage plant?”


Surveyor Sterrett replied, “They said they studied that, but it was like another mile to mile and a half.”


“That ditch would hold the ditch a lot better,” Chairman Schmierer stated.


“There is a tile that comes to the north side of town and at one time it crossed the tracks and picked up a little water there, but not the town water…that goes to the J. P. Carr,’ Surveyor Sterrett stated.


Chairman Schmierer stated, “I guess we’ll have to research it a little bit further and see where we’re at.”


Surveyor Sterrett stated, “If they come up with some solution I will bring it back.”


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