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April 20, 2009 Tape #09

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 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, Mike Ezra, Walt Kelly, Stanley Boehning, Eileen Boehning, Maxine Boehning, Larry Miller, Wayne Putt, Harvey Gutwein, Lance Gutwein, Todd Redlin, and several unidentified individuals.

The first item on the agenda was to approve the minutes from the April 6, 2009 meeting. Board Member Heimlich so moved. Board Member Burton seconded the motion. Motion carried unanimously.

 

The next item on the agenda is to discuss the letter from Townsend Corporation. Chairman Schmierer explained that Townsend was the company that did the spraying last year.

 

Chairman Schmierer asked, “Do you have a copy of the letter?”

 

“Is there anyone from Townsend here, by the way?” Attorney Loy asked. There were no representatives from Townsend in attendance.

 

Chairman Schmierer explained, “We actually got a letter from Townsend. We had the spraying contract with them last year; they did less than a desirable job and have not been paid because they did a less than desirable job. They have sent us a letter asking us to let them come in and let them redo what they did last year. They are just wanting…”

 

Surveyor Sterrett stated, “I think they just want to get back in our good graces I think, and do it for nothing.”

 

Chairman Schmierer stated, “Yeah, that’s what it says, at no charge to the county. I’ll let legal counsel have it.”

 

“Dan Alexander is back working for them. He is the one that worked for Shideler Spray one time…,” Surveyor Sterrett stated.

 

Chairman Schmierer stated, “He had done them before, that is why we happened to hire them because he went with them.”

 

Attorney Loy stated, “The following item on the agenda is opening of spraying quotes and you have asked for separate quotes for remediation for what wasn’t done in 2008, as well as new 2009 spraying. Is there any overlap on quotes? I guess there wouldn’t be.”

 

Surveyor Sterrett stated, “But we got that letter after we had the Drainage Board meeting and decided to do both years, so I wanted to bring that to your attention before we opened the quotes.”

 

Board Member Heimlich questioned, “But the quotes that we are opening should have quotes from what didn’t get done last year and the new for this year?”

 

Surveyor Sterrett replied, “Yeah, we’ll take this under advisement and go ahead and open the quotes.”

 

The next item on the agenda is to open spray quotes for 2009.

 

Attorney Loy stated, “Time has expired for the submission of spraying quotes and it looks like we have three. They are from Dalton’s of Warsaw, Anderson Tree Company of West Lafayette, and Shideler Spray Inc. of Eaton.”

 

The quotes were as follows:

 

2008 2009

Dalton’s Inc. $42,311.00 $78,372.00

Anderson Tree Company $44,541.00 $83,113.00

Shideler Spray Service $22,316.00 $48,982.00

 

Chairman Schmierer stated, “If we take these under advisement does that give you plenty of time until the next meeting? Or no?”

 

Surveyor Sterrett replied, “I kind of wanted to get started.”

 

Board Member Heimlich, “Well, we’ll still have to get those totaled up.”

 

“Well, we’ll come back to it,” Chairman Schmierer stated.

 

Attorney Loy explained, “Tom from Shideler Spray thinks that his total comes, for 2008 comes to $22,316.00.”

 

Board Member Burton asked, “When was the last time we used Shideler?”

 

“I think it was 2005 probably,” Tom from Shideler Spray stated.

 

Chairman Schmierer explained, “We were just discussing…since Townsend has offered to come in and do the 2008 over at no charge to the county; since we are spending taxpayers’ money I don’t think we have a big choice but to let them come in and let them do the work over for 2008. I think we can let the bid for 2009 to someone else because we didn’t ask them for a quote, but I think we would be very fiscally irresponsible if we didn’t let them come in and redo their work. It might be a pain to do, but I think that we need to do that.”

 

Board Member Burton made a motion to approve Townsend Corporation to do the 2008 spraying over at not charge to the county. Board Member Heimlich seconded the motion. Motion carried unanimously.

 

Attorney Loy stated, “I’ll draw up the paperwork that relates to that 2008 contract.”

 

Chairman Schmierer stated, “By the way, to those sitting in the room, we did not pay Townsend for their work last year because it was not suitable work.”

 

Board Member Burton asked, “What kind of work do you do?”

 

Tom from Shideler Spray responded, “Well, I’ve done work for you in the past and it’s always seemed to be satisfactory.”

 

Chairman Schmierer stated, “Shideler was the low bid for 2009, unless…”

 

Board Member Heimlich asked, “And that was totaled at $48,982.00.”

 

“Yes, $48,982.00. There were 38 ditches on the Anderson quote and 38 on the Shideler Spray. I compared the Dorsey, for example, and it’s almost exactly half,” Attorney Loy replied.

 

Board Member Heimlich made a motion to award the 2009 spraying contract to Shideler Spray Service for $48,982.00. Board Member Burton seconded the motion. Motion carried unanimously.

 

The next item on the agenda is to discuss the Edwin Cochell Ditch.

 

Surveyor Sterrett explained, “Todd Redlin is here. There are two reasons that this is coming before the board. One of them is that the Gutwein’s would like to have the ditch cleaned out. Richel Enterprises has a tile coming into this existing open ditch that is a private ditch, and it flows up here to the Brown, as does the Cochell Ditch; they want to add this bit of watershed to the Cochell Ditch watershed by digging an open ditch from here to there.

 

Board Member Burton asked, “But it will be private?”

 

“This will all be private we’ll just be changing that little bit of the watershed. There is a 60 inch pipe that goes under 1000 North up here and it looks like it would handle that extra acreage,” Surveyor Sterrett replied.

 

“You don’t see any problems with it?” Chairman Schmierer asked.

 

Surveyor Sterrett replied, “The only problem I can see…is there any grade there to get that tile over there, but that is a private situation. I don’t know whether they have put any levels on it or….”

 

Mr. Redlin explained, “For the open ditch, we shot…and we got enough fall to go to the bottom of the current open ditch.”

 

Attorney Loy stated, “They are asking for permission…”

 

Surveyor Sterrett explained, “An open ditch to a regulated drain.”

 

Chairman Schmierer asked, “So, the tile that is going in there now…is that going to dump into your open ditch?”

 

Mr. Redlin explained, “Well, it’s actually the dotted line there that is marked 70 acres additional that’s actually a waterway on the Gutwein ground. There are two tiles…I don’t know where they go.”

 

Surveyor Sterrett stated, “I noticed three and that acreage might be 100 instead of 70 now that I look at it.”

 

Mr. Redlin continued, “There might be a third one…but right now there’s a small stub from the Gutwein side that crosses over on to Richel’s property and there’s a private ditch that goes up and dumps into the Brown. We’d just like to redirect the private ditch over to the Cochell Ditch and have a shared…mutual drain between Gutwein and Richel Enterprises on the property line to redirect that water.”

 

Attorney Loy stated, “We’re not changing assessments at all, they’re just seeking permission to access the Cochell Ditch. Do you have any problems with it Surveyor?”

 

Surveyor Sterrett stated, “I don’t have any problems with it.”

 

Attorney Loy asked, “It will increase the flow, but it can handle it?”

 

“Yeah, the pipe under 1000 North should handle it,” Surveyor Sterrett stated.

 

Board Member Burton stated, “The water ends up there anyway, right? It’s just a matter of how…”

 

Surveyor Sterrett stated, “Right, it’s just going to enter in a different spot.”

 

Board Member Burton made a motion to approve the private open ditch going into the E. Cochell Ditch for Richel Enterprises. Board Member Heimlich seconded the motion. Motion carried unanimously.

 

Surveyor Sterrett stated, “On that same ditch, they want to clean that ditch. Right now there is $1,855.00 in the account for the Cochell Ditch. They got an estimate from Jerry Gutwein to do the whole length for $2,735 is what I picked out of it. It is 5,850 feet long approximately. I told them that we had $1,855 in the fund and that was about all we could spend on it.”

 

Chairman Schmierer asked, “Have we collected on that this year?”

 

Surveyor Sterrett explained, “Its $1.00 an acre. We collected in 2001 and the only other time is that we are going to collect now. It brings in $425 a year.”

 

Chairman Schmierer, “So, it won’t get out of debt quick enough…can we share that cost with landowners?”

 

Attorney Loy stated, “You kind of lost me.”

 

Chairman Schmierer explained, “There is only $1,800 in the fund and it’s a $2,700 job. Rather than put it in to debt, can the landowners pay a portion of that?”

 

Board Member Heimlich asked, “How many landowners?”

 

Surveyor Sterrett stated, “Not very many…11 different landowners.”

 

Chairman Schmierer asked, “Do they want a friendly cleanout on this or do they want the county to do it?”

 

Surveyor Sterrett stated, “Well, I thought we could put some of the funds toward a friendly clean out. I don’t know if that would work or not.”

 

Attorney Loy stated, “We’d have to do the contract.”

 

Board Member Heimlich, “We could do it that way…otherwise; we’d have to raise the assessments.”

 

Chairman Schmierer explained, “We have several options there. If you and other landowners want to do a friendly cleanout, as long as we do the contracting for the job, we can put what’s in there against it. If you want to go through the county and the county do it…we don’t normally…we can go ahead and do it and raise the assessment on the land. In other words, it’s $1.00 an acre; it’d probably have to be raised to at least $3.00 to get it paid and get it out. That is what we were discussing, how we could go about getting that done. I don’t know if you could get the other landowners together with you to share cost or to do it on a friendly cleanout or, if not, you’d have to get it petitioned.”

 

Mr. Redlin explained, “I talked to the trustee of Gutwein, which would be Frank Gutwein and our preference would be to do a friendly clean out, assuming that the $1,800 in the maintenance fund could be applied to that and Frank and Harvey and I…the three of us will work with the affected landowners and take care of the balance on our end if that expedites the matter and if the Drainage Board is in agreement that we can do that.”

 

Attorney Loy explained, “Then the $1,800.00 that we spend we contract for and we do that portion and the rest they do on their own.”

 

Chairman Schmierer stated, “We have to contract $1,800 worth of work. If we use Jerry Gutwein, he would have to do so much for $1,800 and then contract them for the rest of it.”

 

Surveyor Sterrett asked, “So, we’d have to get quotes?”

 

“I don’t think you would for that,” Board Member Heimlich stated.

 

Chairman Schmierer, “So you can just tell Jerry (Gutwein) to write it that way. I think you can go ahead and work that out.”

 

Surveyor Sterrett asked, “So I can send Jerry a work order to clean out $1,850.00 worth…”

 

“Like you normally do,” Attorney Loy stated.

 

“And then he can work with you guys on the rest of it. Do you understand?” Chairman Schmierer asked.

 

The landowners agreed.

 

Attorney Loy asked, “Down the road should rates be…is there enough money coming in now…with the current.”

 

Board Member Burton stated, “2001 was the last time they spent any money on it.”

 

Board Member Heimlich stated, “But it just went back on though…so it will continue to draw.”

 

Surveyor Sterrett stated, “It will only collect $1,800 and then we’ll have to quit drawing on it.”

 

The next item on the agenda was to discuss the F. A. Brown Br #3 cleanout.

 

Surveyor Sterrett explained, “Putt’s…are they here today? They called me and they wanted to clean…this is regulated ditch in White County on maintenance by itself, Brown Br #3 and Pulaski County is up at the north end there. I don’t believe it’s on maintenance in Pulaski County. They are having problems up there and they want to clean out their part, but they didn’t think they could get any good grade if we didn’t clean out the White County side. We sent an order to notify the landowners that we might clean out the ditch. We sent letters to Reiter and Harvey. Jerry Gutwein sent an estimate to do 5,400 feet to clean the ditch and level the spoil and it was $2,600.00 in White County. There are only two landowners in White County.”

 

Chairman Schmierer stated, “How much is in the account?”

 

Surveyor Sterrett replied, “The fund has $3,882 and the last time we collected was 2007.”

 

“So, if you spend any money you’re going to put it right back on,” Chairman Schmierer stated.

 

Board Member Burton asked, “Did you say there were landowners here?”

 

“I don’t know if there are any White County landowners here,” Surveyor Sterrett replied.

 

An unidentified gentleman spoke, “The Doc Harvey farm, he is not here. I did talk to him on the phone, but he is not going to be here today.”

 

“Do you farm for him?” Surveyor Sterrett asked.

 

The unidentified gentleman replied, “We farm that, yes.”

 

Chairman Schmierer asked, “Is this a joint drain with Pulaski County?”

 

Surveyor Sterrett replied, “No, well…we collect some funds from Pulaski County…we collected $320.00. So, in 1998 they did a Reconstruction then; they might have had a Joint Board then. They put Branch #1, Branch #2, and Branch #3 on maintenance by themselves in 1993 on the Reconstruction and did the maintenance at the same time.”

 

Attorney Loy stated, “But White County administers the maintenance for it.”

 

Surveyor Sterrett stated, “And the legal description of the drain only goes to the county line.”

 

Board Member Heimlich, “So, it’s not regulated in Pulaski County.”

 

“Part of the watershed is in… Attorney Loy stated.

 

Board Member Burton stated, “Where we are at is a similar situation that we went through is that the owner’s in Pulaski County are willing to pay up to the county line, but they are asking White County to continue to clean.”

 

Surveyor Sterrett asked, “We never heard…was Harvey for the clean out?”

 

The unidentified gentleman replied, “He’s not against it. If there are funds in there he is not against cleaning that.”

 

Board Member Burton made a motion to hire Gutwein to clean the F. A. Brown Br #3. Board Member Heimlich seconded the motion. Motion carried unanimously.

 

Surveyor Sterrett stated, “We will send out letters again to notify the landowners that it is going to be cleaned.”

 

The next item on the agenda was to discuss an invoice received on the E. Shafer Tile.

 

Surveyor Sterrett explained, “Do you remember at the last meeting or the meeting before…trees were taken off the top of the tile by the landowner and it pulled out 80 feet of the tile. We hired Mike (Ezra-County Line Tiling/Excavating) to replace it and the landowner and the contractor that worked for him thinks that he needs to be reimbursed for cleaning up the 80 feet of tile.”

 

“That he pulled out of the ground?” Chairman Schmierer asked.

 

Surveyor Sterrett continued, “I suppose when they pushed the trees over the roots pulled the tile apart and it got cleaned out. I have a statement….”

 

Board Member Burton stated, “Plus, at the last meeting we awarded this to Mike (County Line Tiling/Excavating).”

 

Chairman Schmierer stated, Well, we’ve already...”

 

Surveyor Sterrett stated, “There are also two more tile holes on that downstream. I went out and looked at it. I sent Mike another work order to repair those, but I think it was on March 17th I was notified by phone that they were pushing the trees off and the tile came out. On March 18th I went out there and looked at it and it was all cleaned up. The tile was opened up…”

 

Attorney Loy asked, “So he was just doing it on his own?”

 

“On his own and then tore the tile out…at the last meeting we went to work and approved Mike to put the new tile in,” Chairman Schmierer. There is some inaudible discussion among the board at this time.

 

Chairman Schmierer stated, “Well, send him a letter and tell him sorry for his luck.”

 

The next item on the agenda is to discuss the Walter Chapman Ditch.

 

Surveyor Sterrett explained, “At the last meeting you wanted me to get some estimates. I walked the Hallar part from the county line up to 850 North and I came up with $9,750.00, which could be high. On north of there, there are some woods, I estimate that at $12,860.00, separately. There is $9,666.00 in the fund right now. It brings in $2,376.00 at $1.00 per acre, per year.”

 

Chairman Schmierer asked, “We haven’t collected this year have we?”

 

Surveyor Sterrett stated, “No, I don’t know if we will or not. I believe we discussed that north of there Richel Enterprises did a friendly clean out...I don’t know how many feet, three quarters of a mile.”

 

Chairman Schmierer asked, “Are you aware of where that is…where it’s just mucked in?”

 

Mr. Redlin replied, “Yes, we’ve actually got, in Jasper County, we’ve got a portion of a farm in that watershed and it affects us greatly.”

 

Chairman Schmierer stated, “If we get that cleaned out, that section through there down to State Road 16 and across the road that will probably relieve a lot of pressure on you up that way too. That’s what I said when I was up there looking at it with him (Surveyor Sterrett). As far as that woods area goes, I’m not sure that’s got a lot of fall coming through there anyhow.”

 

Mr. Redlin stated, “It wouldn’t surprise me, I’ve never been out in the woods, but as long as it’s been from the road; the appearance of the trees, I’d have to think there’s some pretty sizable trees and who knows…did you walk through the woods, Surveyor Sterrett?”

 

Surveyor Sterrett replied, “No, I did not. I used an aerial photograph to get that. This is the part down along State Road 16 where it’s mucked in. I think we got enough in the fund to get quotes on the muck part. I don’t know what you want to do about the wooded part.”

 

Chairman Schmierer stated, “I don’t think you have enough money to do the wooded part. If you did the muck part and got the muck out of there it would sure let the water come through there better and give a lot of relief.”

 

Surveyor Sterrett stated, “I think there are a couple tiles broke down on out there in the field. It’s a county tile and it’s put a lot if silt in the ditch right there. Right here is where the tile outlets out and it’s got…water is pushing up out of the ground there. When that gets cleaned that should stop that tile from blowing up.”

 

“Is that tile part of the watershed area? Could it be repaired?” Mr. Haller asked.

 

Surveyor Sterrett replied, “Yeah, it should be repaired.”

 

Board Member Burton made a motion to approve cleaning of the Walter Chapman Ditch from 850 North to the county line. Board Member Heimlich seconded the motion. Motion carried unanimously.

 

“Will they be taking bids on this contract?” Mr. Haller asked.

 

Chairman Schmierer replied, “Yeah, its big enough that it has to be bid or quoted.”

 

Surveyor Sterrett stated, “I’ll get it out this week for quotes probably and open the quotes at the next meeting…in two weeks.”

 

Surveyor Sterrett also wanted to discuss the Youngmeyer Tile.

 

Surveyor Sterrett explained, “Do you remember the Youngmeyer Tile up by Buffalo…here is the clearing that they did down on the east end. They took most of trees off…this is looking at the clearing. Anyway, back in the woods…we got the other outlet opened up. The maintenance fund is about two years in debt from the work we’ve done down there. The tile is still plugged up here in the woods. I don’t have any idea…there is about 100 feet where we get out of the woods. So, maybe five or six trees need to come out and maybe there’s another 100 feet of tile that needs to be put in that had roots in it. We put 120’ in down on the outlet end….it was 15 inch tile. We’ve spent $3,900 on it and it brings in $700 a year. It’s in debt $1,600 now.”

 

Chairman Schmierer asked, “And you need 100 feet of pipe probably?”

 

Surveyor Sterrett replied, “Probably, I don’t know whether we need to raise the maintenance or…”

 

“We’ll have to raise the maintenance on it. There is no way around that…just put it on the agenda to modify the maintenance. It’s not going to do any good if you don’t fix the rest of it,” Chairman Schmierer stated.

 

Surveyor Sterrett replied, “No, it’s boiling up right here and going across the field. We may not be able to get back in there…that’s under three feet of water.”

 

Chairman Schmierer stated, “I would say go ahead and put it on the agenda to raise the maintenance on it. If they are in here wanting it done, we’ve got to do it.”

 

Mike Ezra asked, “There’s no way to run that water off the top over that tile?”

 

Surveyor Sterrett stated, “He put an air well in down there on Downey. He said he run a tile back up toward the woods, but it’s running over the surface and in that air well. It has to go out through the field…I don’t think I have any pictures of it. Right now it’s running on top of the ground but it’s not running very fast. You might be able to channel it out and get the water off it, but it’s pretty flat.”

 

Board Member Burton stated, “We still need to have the meeting.”

 

“Yes, a meeting to raise the maintenance…we’ll have to raise the maintenance on it there is no way around it,” Chairman Schmierer stated.

 

Chairman Schmierer asked if there was anything further.

 

Surveyor Sterrett explained, “NIPSCO called last week and they haven’t got their Consent to Encroach yet. Attorney Loy doesn’t have it done, so they were wondering if they could go ahead and put their gas line in out there on the James Carter Ditch on Sixth Street without the consent.”

 

Chairman Schmierer asked, “Weren’t there some stipulations on that Consent?”

 

Surveyor Sterrett replied, “They just had to stay so far off the ditch.”

 

“And I think that if we have to clean the ditch that…” Chairman Schmierer stated.

 

Board Member Heimlich stated, “That’s in all of those.”

 

Board Member Burton stated, “We’ve agreed to that.”

 

Surveyor Sterrett asked, “Can I tell him he can go ahead and put it in?”

 

Chairman Schmierer replied, “Yes.”

 

Board Member Burton added, “As long as they are going to agree to what we agree to.”

 

“If they don’t they can take it out,” Chairman Schmierer stated.

 

Surveyor Sterrett stated, “Well, they had a plan…they had an easement and they were going to stay in the easement and that was in the bounds of what we had decided.”

 

The next item for discussion was 700 South and 450 West.

 

Surveyor Sterrett stated that Walt Kelly had dropped off drawings this morning.

 

Chairman Schmierer stated, “Steve wants to move the culvert….Steve’s idea to move the culvert to get better water flow, wasn’t it?”

 

Mr. Kelly replied, “No, he wants the edge of the pipe farther away from the edge of the road. So, we’ll just have to move that whole drop end area to the south to get more room from the edge of the pipe to the edge of the road.”

 

Chairman Schmierer asked, “So, we’re actually going to take this old tile out? And open it up?”

 

“Right,” Mr. Kelly replied.

 

Surveyor Sterrett explained, “That’s where it goes under the road right now…and down east about 100 feet, this is the waterway…that is the county tile air well and you can see the old one back there. The water comes across here right now and goes under the road…and a waterway to the Chamberlain Ditch. The county tile is down about right in here and it runs to the Chamberlain Ditch and exits through a concrete headwall. This waterway as it exists now runs down, flows over the headwall into the open ditch that runs north. Now they want to continue this open ditch back up along here and put a concrete head wall in here. I don’t know…this tile is probably three feet deep or more.”

 

Board Member Burton asked, “How big are the culverts under the road?”

 

“Well, they’re trying to use the 30x42’s that are laying there that Horizon brought in. If we use them…put three of them in there we should have at least four times the water capacity we got now. Then we want to build a dike along the edge of where the fence row used to be so that water has got to go through this drop inlet deal so it can’t go across the road anymore. Right now, that pipe isn’t big enough so it just flows across the road and washes the stone off,” Mr. Kelly explained.

 

Board Member Burton asked “Is your plan when you build the headwall south of the road to bring the water across the center of the headwall or are you trying to go around it?”

 

Surveyor Sterrett explained, “This photo is looking straight back towards where the new ditch would be.”

 

Mr. Kelly replied, “Well, they told me right through the center of it. They may design something similar to that right there. You have your wings out so the water can’t go around. If it goes around we haven’t gained anything.”

 

Board Member Burton asked, “And your feelings, Surveyor Sterrett?”

 

Surveyor Sterrett, “I just got it this morning. We talked to Steve Brooke about it and he doesn’t have a problem with it.”

 

Board Member Burton asked, “Do you feel better about it now than you did a week ago?”

 

“Yeah, about building the concrete headwall, I didn’t know what was going to go on with the road,” Surveyor Sterrett replied.

 

Board Member Burton asked, “And will the existing headwall at the beginning of the headwall…will that disappears then?”

 

“Yeah, that’s got to come out,” Mr. Kelly replied.

 

“After the culvert has crossed the road from the south to the north…how will the culverts exit into the ditch?” Board Member Burton asked.

 

Mr. Kelly replied, “They’ll have to put rip-rap in there and the ditch will have to widen it out right at the end because the culverts are going to be wider than the bottom of the ditch.”

 

Board Member Burton stated, “So your intention is to put something other than dirt in there so you’re going…ok. I just expressed what my concerns would be, so…”

 

Chairman Schmierer asked, “Is this all going to be paid for by private funds?”

 

Mr. Kelly replied, “Horizon is going to put the culverts in and supply the culverts.”

 

“And then you guys are going to have the ditch dug on your own?” Chairman Schmierer asked.

 

Mr. Kelly stated, “Right, it’s all been agreed on. There are four of us involved on the north side of the road and we’re going to split that. There are three on the south side and we were all in agreement of that.”

 

Surveyor Sterrett asked, “And the headwall is going to be paid by?”

 

“The three on the south side I guess,” Mr. Kelly replied.

 

Surveyor Sterrett stated, “You said that…who did you have look at it?”

 

“Al Bunch is going to look at it this afternoon,” Mr. Kelly stated.

 

Surveyor Sterrett stated, “Steve Brooke didn’t have a problem with it. It’s Reconstruction, but I think if everyone agrees on Reconstruction, you don’t have to have a hearing.”

 

“Everybody as in…all of the landowners?” Attorney Loy asked.

 

Board Member Burton stated, “There are four.”

 

“There are actually five, but the fifth doesn’t have any water coming through this area. He comes in north a half mile. They gave us permission to do it, but it’s not going to help them and they won’t have any cost involved,” Mr. Kelly explained.

 

Attorney Loy stated, “Get his written consent to it. Just have him consent to what you are doing.”

 

Chairman Schmierer stated, “Well, the wind farm wants to get it done.”

 

“The excavator is already sitting there. This is going to help Horizon because they were going to put all those culverts in that waterway so they could make a turning radius there. So, now they won’t have use all those and the turning radius won’t have to go way out in the field like it was going to. They are going to have a surface road right down the west bank of that open ditch,” Mr. Kelly replied.

 

Surveyor Sterrett stated, “They’ll be out away from the west bank.”

 

“30 feet out, supposed to be,” Chairman Schmierer stated.

 

Attorney Loy stated, “Do get the other landowner’s written consent.”

 

“Do you want everyone’s written consent?” Mr. Kelly asked.

 

Attorney Loy replied, “Yes.”

 

“Four of them, we won’t have any problem with that. The fifth one we’ll have to…he is in Illinois, he gave us permission over the phone,” Mr. Kelly stated.

 

Attorney Loy stated, “If you can get it in writing, do that…it would be helpful.”

 

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

 

Mike Ezra (County Line Tiling/Excavating) explained, “We dug a ditch out there on Jerry Thompson and Surveyor Sterrett and I both got permission from him, we had to cross his property to get to the ditch. He gave us permission to cross the property, but then he turns around later on, comes back and wants us to pay damages for driving across his property. I don’t feel like we owe him a thing because we got permission from him and we didn’t do any damage to it. He said there were some tracks out there, we went out and took every track out and you can’t find the tracks at all. The ground thawed out and so it just mushed out the edge of the tracks. I just wondered what you thought about it.”

 

Chairman Schmierer explained, “I thought it was taken care of. I thought it was all over with. I thought you fixed them and that he was satisfied with them, but I haven’t talked to him.”

 

Mr. Extra explained, “Well, we went back out and leveled them all out.”

 

Chairman Schmierer stated, “I thought it was taken care of, didn’t you?”

 

Surveyor Sterrett replied, “All I know is that he called me said he wanted $500 one day and then he wanted $700 the next time he called me. He wanted Mike to call him. I don’t think Mike got a hold of him.”

 

“When was this?” Board Member Heimlich asked.

 

Surveyor Sterrett replied, “In February, after the tracks were made.”

 

“So you haven’t heard anything from Jerry recently?” Board Member Heimlich asked.

 

Surveyor Sterrett replied, “No.”

 

“So, you’ve leveled the spoil on the ditch?” Board Member Burton asked.

 

Mr. Ezra replied, “Leveled the spoil on the ditch, but also went down and took out all the tracks.”

 

Surveyor Sterrett replied, “He took his roto-tiller…”

 

Mr. Ezra explained, “We used a Harley Rig, it’s what we use for seeding yard. It levels it out just like a yard.”

 

Chairman Schmierer stated, “I’d just leave it lay…just leave it lay for now and see what happens.”

 

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

 

Chairman Schmierer then adjourned the meeting.