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May 18, 2009 Tape #11

The White County Drainage Board convened at 11:05 A. M. in the Commissioners’ Room of the White County Building, Monticello, Indiana. Board members present were: President Ronald Schmierer, Vice President Steve Burton, and Drainage Board Member John Heimlich. Also present were the White County Drainage Board Attorney George Loy, Surveyor Dennis Sterrett, Drainage Assistant Mary Sterrett and Secretary Jamie Rozzi.

Others in attendance were Charlie Mellon, Herb Hunt, Michael Kearney, and Steve Kenyon.

The first item on the agenda was to approve the minutes from the May 4th, 2009 meeting. Board Member Burton so moved. Board Member Heimlich seconded the motion. Motion carried unanimously.

 

Chairman Schmierer amended the agenda to discuss the John Unroe Drain. Surveyor Sterrett explained, “The state is now getting closer to putting their part of the Unroe tile in under US 24 and I got an email from the Town of Wolcott stating that INDOT was going to meet with them June 2nd at 6:00 P.M. and they would like for our office to be there.”

 

“Do you want someone to go with you?” Chairman Schmierer asked.

 

Surveyor Sterrett stated, “I thought since Todd’s (Engineer Frauhiger) company did the plans I would like to have him there. There are manholes involved on the project and I was wondering if we could pay him out of the maintenance fund for that…we did pay for the plans, which were done four years ago, we paid for those out of maintenance. He said he would be available.”

 

Board Member Heimlich made a motion to approve Todd Frauhiger to attend the June 2nd, 2009 meeting on the John Unroe Tile in Wolcott. Board Member Burton seconded the motion. Motion carried unanimously.

 

The next item on the agenda was to discuss the Loretta Shepard Tile. Surveyor Sterrett explained, “This is the approximate location of the Loretta Shepard Tile and this is the open, 500 W and 400 N. It’s on John Byroad’s property. The tile used to come from the west and Hallar built an open ditch and they took him off the watershed and put him on the McKillip. As you can see there is an open ditch, they put that in and did a reconstruction in 1979. So, in other words there must have been tile problems there I’m assuming, and they did away with that tile. Now the open ditch drains into this tile and runs about 3,200 feet to the Hoagland. There were some tile holes on this tile so I got Ross Hardebeck to repair them with a work order. He called me up and said he opened it up and the tile was fairly clean but it wasn’t running any water so he went back and there was a tile hole on the other side of the open ditch and it’s full of water, in fact it came up in the hole. So, I had him dig about every 300 feet on the outlet side of the open ditch and the tile is plugged for at least 1,700 feet. I think it’s a 24 inch.”

 

Chairman Schmierer asked, “Is it on maintenance?”

 

Surveyor Sterrett replied, “It’s got $2,900 in the fund. He’s got 7 holes opened up and there are two more. There isn’t anyway to get the water out of this ditch because the tile is plugged. I guess we need a landowner’s meeting to find out what they want to do.”

 

Chairman Schmierer said, “Probably, I would say we probably better.”

 

Surveyor Sterrett stated, “It’s going to be expensive to fix.”

 

Chairman Schmierer asked, “Is there any way you can jet that out?”

 

Surveyor Sterrett replied, “Well, I suppose you could…that was my first thought. It could probably be done if you could get the equipment back there. I know the county highway’s jetter won’t go through the field so we’d have to hire it done and then you’d have to haul water. I can check with Accu-Dig and see what they could do.”

 

Chairman Schmierer stated, “Well, go ahead and set up a landowner’s meeting.”

 

The next item is the John Youngmeyer Maintenance Modification Hearing.

 

Surveyor Sterrett explained, “This is the drain that is north of Buffalo. The outlet had about 300 feet of trees on it which we took off. The tile had roots in it and we replaced approximately 120 feet of tile. The bills for that work came to about $3,900.00 and it is $1,600.00 in debt right now. Right now it is set at $2.50 an acre and brings in $704.47 per year and there are 12 landowners.”

 

Chairman Schmierer stated, “And you still have work to do?”

 

Surveyor Sterrett replied, “Yes, I found where the water was coming up out of the tile about 150 feet west into the woods. It’s coming up and running over the ground so we still have some work. We sent out the Maintenance Modification to show $5.00 per acre and $10.00 minimum which would bring in $1,408.00 a year. I have no idea how much…there may be another $3,000.00 worth of work to get the tile opened up.”

 

Chairman Schmierer stated, “That won’t bring it out of debt in one year and we’re still going to have spent more money on it too.”

 

Chairman Schmierer addressed the landowners in the audience, “Do you understand what we’re doing…or what we’re proposing to do?”

 

Mr. Hunt replied, “Well, I understand part of it.”

 

Chairman Schmierer explained, “We put the drain in debt, big time, trying to fix it and we’ve still got more work to do on it. By statute we’re not even supposed to work on it if it’s that far in debt, but we’re going to go ahead and try and get it fixed. So, we’re going to raise the maintenance to $5.00 an acre and $10.00 minimum for a lot. That is the reason we are having this meeting to raise the maintenance on it to get it out of debt and keep money in it so we can work on it.”

 

Mr. Hunt asked, “When are you talking about repairing it?”

 

Surveyor Sterrett, “Do you know where I’m talking about the water coming up? The reason there is water running across the ground is because the tile has a hole in it and it’s boiling up and running across the field.”

 

Mr. Hunt stated, “Why don’t they assess the people in the subdivision also. I have a lot in Lake Breeze and there is some kind of ditch over there and I have a lot there, not acreage, but yet I was assessed on that. Doesn’t that affect them to?”

 

Surveyor Sterrett explained, “No, the open ditch is not part of the regulated drain. The tile is the only part of the regulated drain. The open ditch is just a natural open ditch.”

 

Mr. Hunt asked, “So, when it gets dry enough to get in there?”

 

Surveyor Sterrett replied, “Yeah, that’s what I figured. We might be able to go in there now and take the top soil off and get rid of the surface water, but you can’t work on it like it is now.”

 

Mr. Hunt stated, “I realize that. It will not hardly dry up at all. I know it’s raining a lot and that’s against us big time, but the stretches that we’ve had that have been fairly dry…”

 

Chairman Schmierer stated, “That tile probably hasn’t worked right for a long time.”

 

Mr. Hunt stated, “One thing I don’t understand is that we’ve never had had any water in that woods for 25 years in that area you’re talking about. What did Van Meter do on up that could possibly cause that?”

 

Mr. Kearney stated, “He did something to drain his property there and ever since he did that, that’s when this water started…”

 

Surveyor Sterrett stated, “I can’t say that he did anything to cause that to boil up there. The day I was out there on April 16th…the gully that comes through the other part of the woods, it was dry. I walked that and didn’t see any tile holes. I assume that is where the tile is. Then I walked on down and noticed the water boiling up. I think it’s just a pocket and when the water boils up it just lays there because it can’t get out of that pocket. I think if we get the water back in the tile we won’t have any water in the woods.”

 

Board Member Burton explained, “The other thing that will happen is that we’ll raise these rates and once it reaches four times the amount it will shut off. So, even though this is raised to get everything fixed, you won’t be paying that continually once it gets up to four times the amount.”

 

Chairman Schmierer stated, “It’s going to take it a while.”

 

Mr. Hunt stated, “One thing I was wondering…in that area where you’re talking about there was tile back in the mid-60’s that ran straight south. I just wondered if that tile ever went south rather than turned and went east.”

 

Surveyor Sterrett replied, “Not to my knowledge.”

 

 

THE WHITE COUNTY DRAINAGE BOARD HAVING HEARD AND CONSIDERED ALL THE EVIDENCE AND ANY OBJECTIONS SUBMITTED IN THESE PROCEEDINGS, THE CHAIRMAN WOULD NOW CONSIDER A MOTION FINDING THAT THE CURRENT ESTIMATE OF MAINTAINING THE JOHN YOUNGMEYER TILE IS INSUFFICIENT AND THE ANNUAL ASSESSMENTS FOR PERIODIC MAINTENANCE OF SAID DRAIN SHOULD INCREASE AS PROPOSED IN THESE PROCEEDINGS ($5.00 FLAT RATE PER ACRE AND $10.00 PER MINIMUM OR LOT). BOARD MEMBER HEIMLICH SO MOVED. BOARD MEMBER BURTON SECONDED THE MOTION. VOTE TAKEN. THE WHITE COUNTY DRAINAGE BOARD BY A VOTE OF 3 IN FAVOR AND 0 OPPOSED NOW HEREBY ADOPTS THE SCHEDULE OF ASSESSMENTS AS ORIGINALLY FILED HEREIN. THE WHITE COUNTY DRAINAGE BOARD ISSUES ITS WRITTEN FINDINGS AND ORDER DECLARING THE PROPOSED MAINTENANCE MODIFICATION SCHEDULE IN THESE PROCEEDINGS ESTABLISHED, A COPY OF WHICH WILL BE MAILED TO ALL OWNERS AFFECTED.

 

 

The next item on the agenda is to approve the petition to vacate a portion of the Simeon Davisson Tile. Surveyor Sterrett explained, “This is for the proposed nursing home out on Sixth Street south of Buss Ditch. They want to vacate part of the tile.”

 

Chairman Schmierer asked, “Aren’t we supposed to have a hearing on this?”

 

Board Member Heimlich replied, “This is just to accept the petition.”

 

Board Member Heimlich made a motion to accept the petition to vacate the Simeon Davisson Drain. Board Member Burton seconded the motion. Motion carried unanimously.

 

Surveyor Sterrett wanted to discuss the proposed Kenyon Subdivision.

 

Surveyor Sterrett stated, “He is trying to do a two lot subdivision.”

 

Mr. Kenyon explained,” What I have to do…because my son-in-law wants to buy the house and I want to buy the land to put my calves on I have to subdivide it. It is going to flood when Moots Creek comes out. There should be room to put a building site in the back. I don’t ever intend to build on it, but I guess that doesn’t answer the question. I can’t really drain on anyone else; I’m the last person before the creek. The surveyor was out there Saturday morning and there was some water, but by Saturday night that was gone. We had to split the property at an odd ball way, just different than how we originally wanted to split it because of the setbacks.”

 

Chairman Schmierer asked, “So what are you asking for here?”

 

Surveyor Sterrett replied, “For an exemption from the drainage ordinance.”

 

Attorney Loy stated, “For purposes of creating the subdivision only, right?”

 

Board Member Burton stated, “Right, he’s not asking to build anything, but it’s possible at a later date that you could…”

 

Mr. Kenyon stated, “That’s correct, somebody could at some point, and then they’d have to address that at that point. I won’t argue there was a lot of water. I will say this…just being open and honest…the lane right beside that…Todd Pekny lives there. I don’t know if he has ever contacted you or not, but across the road from us there is a lot of watershed that crosses the road into our yards, including mine. I live one house up from this. This water comes down and crosses the road. Todd is complaining about his yard. What I want to do for him is...which is going to help me in the long term…is probably we’re going to put a couple more culverts in the existing drive that is already there because he’s got a low spot in his that he can’t get. I think that will get him away from wanting to dig a ditch on the other side of the road. It doesn’t matter to me if he does or not, it doesn’t affect me where I live. I can’t really drain on anyone else if that is a concern. I’m the one collecting the water.”

 

Surveyor Sterrett explained, “The only problem I see is access to Lot 2.”

 

“In the future, basically the property line is not too far off of the existing drive. So, we do have a site…we could probably get into where we’re still 250 feet that’s actually never going to be under water, but we’re 78 feet wide from this point to wherever the next lane would have to go in. So, there would have to be a culvert in the driveway otherwise you could lock water on someone. You could stop the water,” Mr. Kenyon stated.

 

Board Member Burton stated, “It’s pretty obvious what it is. If anyone is going to buy it they are going to know.”

 

“Yeah, it’s not like you’d be able to hide it from anyone,” Mr. Kenyon stated.

 

Board Member Burton made a motion to grant an exemption from the drainage ordinance for Kenyon Subdivision for the purpose of creating a subdivision only. Board Member Heimlich seconded the motion. Motion carried unanimously.

 

Attorney Loy wanted to discuss the contract for Townsend Corporation. Attorney Loy explained, “Townsend, the sprayers, were willing to do the job that they were to do last year for nothing. So, I have an addendum to their contract…agreeing that they aren’t going to be owed either for what they have done or will do. Attach a copy of the old contact with your exhibit A showing the ditches.”

 

Board Member Burton stated, “To complete the work they didn’t complete.”

 

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