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January 18, 2010

The White County Drainage Board convened at 10:55 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 Attorney George W. Loy, Surveyor Dennis Sterrett, Drainage Assistant Mary Sterrett and Secretary Jamie Rozzi.

Also in attendance were Engineer Todd Frauhiger, Horizon Wind Energy representatives Peter Park and Jeff Nemeth, Liberty Landfill representative Terry Beasy, and White County Soil and Water representative Sharon Watson. Landowners in attendance were Jerry Altman representing Willow Tree Farms, Tom Carter, John Warner, Jim Hallar, John Demerly, John Lehe, David Thomas, and Stephen Thomas. Contractor Allen Howe was also in attendance.

The first item on the agenda was to approve the minutes from the January 4th, 2010 meeting. Board Member Heimlich so moved. Board Member Burton seconded the motion. Motion carried unanimously.

 

The next item on the agenda was a Maintenance Modification Hearing on the Emmett Rayman Drain.

 

Surveyor Sterrett explained, “Well, we have ten and a half miles of drain that has been petitioned to be cleaned and we thought we’d try to do it on maintenance. My estimate was $70,380.00 to clean that and we discussed at our last meeting that we could raise the maintenance four times what it brings in now for three years to pay for that. Right now it brings in $5,374 a year, including Tippecanoe County. There is $15,000 in the maintenance fund right now…there will be as soon as we collect for 2009.”

 

Chairman Schmierer stated, “The reason we like to go to a maintenance modification…if we have to go to reconstruction, it’s paid by the landowner anyway…if you go reconstruction and you don’t pay it all at once and you want to pay it over a term of five years…you can, but there’s a 10 percent interest fee to you. If we go to the maintenance modification there’s no additional charge (interest) to the landowner on the maintenance…so it saves some money in the end by paying it with a maintenance modification. So, whatever you bill is now it will be four times that for three years.”

 

Board Member Burton stated, “Plus, we get to use that $15,000 that is already in there.”

 

Chairman Schmierer stated, “Right.”

 

Surveyor Sterrett stated, “In three years, the fund should collect $63,288 and with the $15,000 that is already in there, it will be enough to pay for the project.”

 

Chairman Schmierer stated, “And the estimated cost is $70,300, but the way bids are coming in we might get a break there. Are there any questions about what we’re doing?”

 

Surveyor Sterrett stated, “I can try to answer any questions if anyone has any.”

 

Mr. Demerly asked, “Does that include the Stockton branch?”

 

Surveyor Sterrett replied, “Yes, I believe there is 885 feet there that will be cleaned…the open part. Right now the water is over the tile.”

 

Chairman Schmierer asked, “Anyone else have any questions?”

 

Surveyor Sterrett stated, “We have a DNR permit…a Certificate of Approval for Construction in a Floodway. We got a letter from the Army Corp of Engineers last Friday…essentially they gave me a approval over the phone. They were supposed to send it in the mail today.”

 

Chairman Schmierer presented the following:

(Board Member Burton abstained from voting on this matter)

 

The White County Drainage Board having heard and considered all of the evidence and any objections submitted in these proceedings, the Chairman would now consider a motion finding that the current estimate of maintaining the Emmett Rayman Drain #572 is insufficient and that the annual assessments for periodic maintenance of said drain should be increased as proposed in these proceedings.

Board Member Heimlich so moved.

Board Member Schmierer seconded the motion.

The motion has been made and seconded to raise this maintenance to four (4) times the current assessment for a period of three (3) years, and then drop back to original assessment. The White County Drainage Board by a vote of 2 in favor and 0 opposed now hereby adopts the schedule of modified assessments as originally filed herein or as amended. 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 was a Maintenance Modification Hearing on the Loretta Shepeard Drain.

 

Surveyor Sterrett explained, “In the spring we had a report of four or five tile holes on this drain. We went out to repair those and the contractor said the tile was full of sand. So, we decided to jet out the tile and see how that would work. It is tile, open ditch, and then a tile. We got about 2,000 feet jetted out and tried to get to the ditch so we could drain the ditch and the jet wouldn’t go through the tile. We got within 200 feet and now we need to replace 200 feet of tile plus dip the ditch out. I want to put in a couple hundred feet of silt trap. There is a little brush on it. My estimate was $10,508.00. From all that work we did with jetting the tile and fixing the tile holes…we got the tile back together and it was fairly clean. It put the drain in debt $4,827.94; we haven’t collected for 2009 so it will be 3,634.94 after we collect. So, if you add that amount on to my estimate to get this drain up and running, it came to $14,142.94 and there are only 298 acres in the watershed. If we did it on Reconstruction it would $47.42 per acre to get it out of debt and pay for the project. So, we went to possibly setting the rates at $12.50 per acre for five years and that would collect $3,728 a year or $18,640 in five years. So, that is what we sent Maintenance Modification notices for.”

 

Chairman Schmierer asked, “Any questions on that? I don’t see any objections in the room. It needs done in the worst way.”

 

Surveyor Sterrett stated, “All the landowners got a letter.”

 

Mr. Hallar stated, “We have an open ditch on the west side of the road on 500 West, that tile has been running backwards. We would like that closed there so all the water will go in the new direction so we wouldn’t be obligated in the future.”

 

Surveyor Sterrett asked, “Close what?”

 

Mr. Hallar replied, “The tile so the water will go its proper way.”

 

Surveyor Sterrett stated, “I think it will go the proper way once we clean the ditch, in my opinion that is the way it was supposed to go.”

 

Mr. Hallar stated, “I know, but it’s been running backwards.”

 

Surveyor Sterrett stated, “Well, yeah because the water is higher in the ditch than the tile. I think we should maybe wait and see what happens.”

 

Chairman Schmierer stated, “I think it will correct it.”

 

Surveyor Sterrett stated, “I think it will too. I know it’s a sandy situation out there and the tiles probably tilted every now and then, but I don’t know what you’d do about that. The tile at the upper end of the open ditch had about a foot of water over it when we were there and the tile down at the inlet end…it probably had two feet of water over it. So, I think when we get that cleaned out the water will start running the other way unless there’s an obstruction in the tile somewhere. We should have enough maintenance money to find that now.”

Surveyor Sterrett stated, “I’m going to dig a silt trap right in front of the inlet and we’ll have to maintain that every two years.”

 

Chairman Schmierer stated, “It’s not the best situation, but it’s better than what you got now.”

 

Chairman Schmierer presented the following:

The White County Drainage Board having heard and considered all of the evidence and any objections submitted in these proceedings, the Chairman would now consider a motion finding that the current estimate of maintaining the Loretta Shepeard #581 is insufficient and that the annual assessments for periodic maintenance of said drain should be increased as proposed in these proceedings.

Board Member Heimlich so moved.

Board Member Burton seconded the motion.

The motion has been made and seconded to raise this maintenance to $12.50 per acre for five (5) years. The White County Drainage Board by a vote of 3 in favor and 0 opposed now hereby adopts the schedule of modified assessments as originally filed herein or as amended. 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.

 

Surveyor Sterrett stated “I have the plans in my office if anyone would like to see them.”

 

The next item on the agenda is Horizon Wind Farm Phases, 3, 4, and 5 Drainage Agreement.

 

Surveyor Sterrett asked, “What do we want to discuss on that?”

 

Mr. Nemeth explained, “There are just a couple items outstanding which we weren’t able to get to Denny prior to the meeting. Our expectation is that we will hopefully have them before the next meeting in two weeks and we just request that we be on the agenda for that meeting.”

 

Board Member Burton asked, “Is there anything, with the information you have, that we should discuss today prior to that?”

 

Surveyor Sterrett replied, “I just had some questions on the Access Road 27 that crosses the Roudebush, and I’ll be glad to give these to Jeff if he wants them. Access Road 57 crosses the width of a ditch and we need a culvert size there. Access Road 66 crosses the Wallace ditch, same thing. And on the Hollingsworth Access Road 70 crosses it…that’s a pretty big ditch and has about 10,000 acres draining into it. That was just supposed to be temporary.”

 

Chairman Schmierer stated, “Well, just put them on the agenda for the next meeting and have them get that material to you before then.”

 

Surveyor Sterrett stated, “I had one more thing, Access Road 90…when it gets back to the west of the road it looks like it’s running right on top of the Rosentraeter tile to me.”

 

Mr. Nemeth asked, “Which phase is that?”

 

Surveyor Sterrett replied, “That would be phase five, Access Road 90. I think you stayed two feet south of the property line. According to our legal description on the tile, it is 20 feet south of the property line. So, you would be pretty close to the tile and that’s…”

 

Chairman Schmierer stated, “Well, put it on the agenda for the next meeting.”

 

Attorney Loy stated, “Yes, and here…in Phase One and maybe Phase Two…at least in Phase One your real estate people needed from us what I refer to as a blanket consent to encroach which consists of a one page consent with drawings or surveys where your infrastructure is installed relative to our ditches.”

 

Surveyor Sterrett stated, “And we got information, but it doesn’t show the distance from the top of the bank to the edge of the road…”

 

Attorney Loy stated, “Which both of us need.”

 

Mr. Nemeth stated, “That is one of the things we’re waiting on. We have also provided the 100 percent drawings for all three phases.”

 

Surveyor Sterrett stated, “I went through all of those and these were the questions I came up with.”

 

Mr. Park asked, “So we also prepare this letter that you need?”

 

Attorney Loy stated, “I prepare the document, but you supply us with the attachments with location of the infrastructure.”

 

Board Member Burton stated, “Peter, be careful when you’re relaying that information because what came back in Phase One was your contractor’s distance and it really didn’t show county. You know…from a ditch or a tile and that had to go back. So, when you relay this information make sure that your professional engineer isn’t only thinking of you, but of that county right-of-way.”

 

Surveyor Sterrett stated, “Right, to make it simple we didn’t have a distance from the top of the bank to the edge of the road.”

 

Attorney Loy stated, “And it’s 75 feet each way from the top of an open ditch or the center of a tile.”

 

Board Member Burton stated, “What we got before was more of a landowner’s point of reference.”

 

Mr. Nemeth asked, “Will the one drawing still suffice showing how it would be from the top of the ditch or are you requesting one for each encroachment?”

 

Attorney Loy stated, “Just so it shows distance from those…measurements.”

 

Mr. Nemeth asked, “So just basically one drawing showing how all the roads would fall within the encroachment?

 

Attorney Loy stated, “Roads, buried lines, anything that you install…”

 

Surveyor Sterrett stated, “Actually the drawings that we had were these drawings, but they didn’t have any dimensions on them…to the top of the bank.”

 

Attorney Loy stated, “That’s not only for our benefit, but for your real estate people too.”

 

Chairman Schmierer stated, “Ok, so that will be on the agenda for the next meeting.”

 

The next item on the agenda was Waste Management – Liberty Landfill East Expansion Drainage Approval.

 

Surveyor Sterrett explained, “I had Todd review this because there was a set of detention ponds.”

 

Engineer Frauhiger explained, “There are two new sedimentation ponds designed…two new penetrations into the ditch that are 12 inch pipes. The calculations that were submitted were the IDEM calculations and…over the weekend I redid the calculations using rational method to make sure those ponds would meet the county drainage ordinance and with the 12 inch pipe penetrations they have sufficient volume in those two ponds to meet the ordinance in both the 10 and 100 year storm.”

 

Chairman Schmierer asked, “What about the sediment water that’s going to be in these ponds going to the ditch. It’s going to be right down in the lake.”

 

Engineer Frauhiger stated, “They are building true sedimentation ponds and their outlets only allow water up above a certain levels and that’s through an opening on the side, but basically what they’ll do is fill the thing up with sediment up to the elevation up to the slots in the pipe and then they’ll have to clean it out. It is a maintenance issue; they’ll have to clean it out just like the sediment basin we were just talking about.”

 

Chairman Schmierer asked, “Who’s going to watch after that?”

 

Mr. Beasey explained, “DNR, Soil and Erosion inspection, also it’s a criteria of the state landfill inspection. We just cleaned our original pond last year so it’s all set up with the regulatory agency and landfill inspection.”

 

Chairman Schmierer stated, “You know someone will come in and ask if that is being cleaned or if it’s going straight into the river.”

 

Mr. Beasy asked, “Is that being cleaned, Ms. Watson?”

 

Ms. Watson replied, “Yes.”

 

Chairman Schmierer stated, “Because I’ve been asked that, just here lately and I said I didn’t know. So it’s ready for approval as far as you are concerned?”

 

Engineer Frauhiger stated, “Yes, it meets the ordinance.”

 

Board Member Burton made a motion to approve the drainage plan for Waste Management – Liberty Landfill East Expansion. Board Member Heimlich seconded the motion. Motion carried unanimously.

 

The next item on the agenda was to set rates on the Earl Diener Drain.

 

Surveyor Sterrett explained, “This ditch is north of Hanenkratt, west of 300 East, North of Division Road and runs into the Honey Creek. It has been petitioned to be cleaned and I thought we could do it on maintenance. Right now it has 1,243 acres that drain into it and in 2003 we had a maintenance modification on it. It was a variable rate…the variable rate was $0.50 cents to a $1.00 and we raised it to $2.00 an acre and a $10.00 minimum. Right now it collects $2,572.68 a year and there is 7,680 feet of main, 3,432 feet for branch one, and 3,932 feet for branch two. At the top end there’s a 15 inch tile coming from the transfer station and it’s got water clear over top of it about a half a foot. So, it’s not working good up there and down through there, there are some tiles underwater. My estimate was $23,600.00 to dip all three, the main and two branches. There is $4,100.00 in the fund right now and after the 2009 payment there will be $7,269.00 in the fund, so we need a little more money to do it on maintenance.”

 

Chairman Schmierer asked, “So do you think $5.00 an acre until it’s paid?”

Surveyor Sterrett replied, “$5.00 an acre would bring in $5,216 a year…that would be 3.06 years to pay it off.”

 

Board Member Burton asked, “Why was it raised in 2003?”

 

Surveyor Sterrett replied, “I think it was in debt.”

 

Board Member Burton stated, “I thought maybe there was a maintenance issue.”

 

Chairman Schmierer stated, “No, it was just in debt. I would think $5.00 an acre for four years would be enough to get us out and give us something to work with.”

 

Board Member Heimlich made a motion to set the rates on the Earl Diener Drain at $5.00 an acre for four (4) years. Board Member Burton seconded the motion. Motion carried unanimously.

 

Surveyor Sterrett asked, “And it will drop back down to the regular rate after four years?”

 

Chairman Schmierer replied, “Right.”

 

The next item was to discuss Horizon Wind Farm Substation II.

 

Surveyor Sterrett stated, “They didn’t want to put the surface drain outlet in and they wanted to tile to the….but they haven’t got us a plan yet.”

 

Engineer Frauhiger stated, “I got a phone call last week and they were supposed to have it Tuesday or Wednesday of last week.”

 

Board Member Burton stated, “Wayne (Beck) is home. I asked Peter if we would ever see him again and he reassured me that Wayne would be back. So, there may be some…he has had some health issues and he had to return home. With Wayne being in charge of Phase II, that ball may have got dropped because of that… ”

 

Surveyor Sterrett wanted to discuss the Rankin-Luckey Drain. Surveyor Sterrett explained, “Alan Howe is sitting back there. He has a client on the Rankin-Luckey and Boulden Ditch. It would be on 500 North, west of 43 or 421…Milt Cole. There have been people in; I have tried to get them to carry a petition on it since 2005. Simons…and Byroad, I think he must farm some of the ground there, I don’t think he owns any though, he was wanting it cleaned. I think Mike Ezra was in one time for Mr. Cole.”

 

Chairman Schmierer asked, “What do they want to do?”

 

Surveyor Sterrett replied, “Right now there is $5,488.00 in the drain.”

 

Chairman Schmierer asked, “But you don’t have a petition on it?”

 

Surveyor Sterrett replied, “No, but I haven’t got to it yet. I was going to go out and try to get an estimate on it. There is 10,480 feet…I figured a $1.00, that would be too much for the fund.”

 

Chairman Schmierer asked, “Don’t we have to have a petition before we can do anything with it?”

 

Attorney Loy replied, “For Reconstruction…”

 

Surveyor Sterrett stated, “We could do it on maintenance just like we did today.”

 

Mr. Howe stated, “I talked to Roger Overmeyer and there is a beaver dam holding water back.”

 

Chairman Schmierer stated, “I think you need to go inspect it.”

 

Surveyor Sterrett stated, “I didn’t know about that until…”

 

Chairman Schmierer stated, “Yeah, but you need to inspect before we tell anyone to go ahead or do anything. If we do it on maintenance modification we’ll have to bid it out.”

 

Surveyor Sterrett stated, “Well, that’s what I told Allen…I don’t know…”

 

Mr. Howe stated, “Milt (Cole) is wanting it cleaned.”

 

Chairman Schmierer stated, “Well, I understand that, but by law we have to bid that out. We don’t have anything to do with that.”

 

Attorney Loy stated, “Unless the landowner wants to privately hire you…he does it at his cost.”

 

Mr. Howe asked, “How much time….yet this spring?”

 

Surveyor Sterrett replied, “I don’t have it on the schedule. I got a few other ones ahead of that.”

 

Mr. Howe asked, “Does it have to have a profile sheet on how much dirt and stuff has to come out?”

 

Chairman Schmierer stated, “It should have.”

 

Mr. Howe stated, “I do work in other counties and they let you go in and the wording on it is ‘match existing grade bottom to the ditch’ which more of less means to follow the original grade.”

 

Surveyor Sterrett stated, “I can go ahead and work something up like that, if that’s what we want to do and then…it’s hard for me to come up with an estimate, but if we’re going to do it on maintenance….”

 

Chairman Schmierer stated, “Go look at it first and tell us at the next meeting.”

 

Board Member Burton explained, “What we’ve done in the past is that it’s been privately funded, right? A friendly clean out, but that usually never involves the maintenance fund, that’s done by the landowners.”

 

Surveyor Sterrett stated, “I think we’ve taken some brush off before.”

 

Board Member Heimlich stated, “We have taken brush off with maintenance…”

 

Mr. Howe stated, “I can’t really speak for Milt, but I’m sure he’d rather if we can, do it through the county…”

 

Surveyor Sterrett asked, “Shall I go out and look at it? I could probably get it ready…well, we need to notify the landowners. How much do you think it’s going to be short in the fund? You don’t have to tell me what you bid or anything, but…”

 

Mr. Howe stated, “I think the way that bids are going, I think you have enough money in there.”

 

Surveyor Sterrett stated, “Well, I can get it ready. It brings in $1,370.00 a year which is not very much.”

 

Chairman Schmierer stated, “Well, why don’t you go inspect it and then bring it back to us.”

 

Chairman Schmierer stated that he received a phone call from Wayne Hunt regarding the J. T. Williams Ditch.

 

Chairman Schmierer explained, “We discussed the Williams ditch and had people in here and with what he’s wanting to clean, Denny said the only one it would help would be him. What was the cost on it?”

 

Surveyor Sterrett explained, “Well, we talked about doing the whole ditch, then you sent me back out there to see how far we had to go to get his tiles out of the water and it was up to the road. I drew up a plan…you know the part that’s got brush on it. There’s 1,676 feet and with the dipping and brush I figured $5,516.00.”

 

Chairman Schmierer asked, “The dipping is mainly going to be on Bob Wrede’s property, isn’t it?”

 

Surveyor Sterrett stated, “Well, there’s an owner across the ditch from him.”

 

Chairman Schmierer stated, “So, that’s not as big as we thought it was going to be to start with because initially it was going to be a lot bigger than that.”

Surveyor Sterrett stated, “Yeah, the first part we talked about was 1.04 miles and that got us up to the woods there at East Shafer Drive and that was like $3.50 a foot and $29,500.00 to do that and that’s when we had the landowner meeting. Not too many people were for draining his two acre patch for $29,500.00.”

 

Chairman Schmierer stated, “No, I verbally heard a couple of them that wasn’t too interested because it wasn’t going to help them any.”

 

Surveyor Sterrett stated, “When 2009 assessments are collected it will be in debt $727.00. There are 752 acres in the watershed and 23 landowners. So, I don’t know what to do.”

 

Chairman Schmierer stated, “Well, I think if you go to do it and it’s not going to benefit anyone but him we’re going to have a battle on our hands.”

 

Surveyor Sterrett asked, “Can we put the drain in debt?”

 

Chairman Schmierer replied, “It’s already in debt.”

 

Surveyor Sterrett stated, “I mean even more in debt.”

 

Chairman Schmierer stated, “I’m not sure we want to put it more in debt. By statute we’re not supposed to.”

 

Attorney Loy stated, “That fund has to be replenished at some point in time.”

 

Chairman Schmierer stated, “And no more than it brings in, it won’t replenish it very fast.”

 

Attorney Loy asked, “Has the maintenance been modified?”

 

Surveyor Sterrett stated, “It’s on a variable rate right now and it brings in about $1,700.00 per year. It’s $1.00 an acre for three parcels, $1.80 for one parcel, $2.00 for thirteen parcels, and $3.00 for fourteen parcels. So, I imagine it’s been modified sometime.”

 

Attorney Loy asked, “And the parcel that’s getting….what they're saying is the benefit of all this, what is their assessment? Are they the high end or the low end?”

 

Surveyor Sterrett replied, “They are on the top end of the ditch.”

 

Attorney Loy stated, “So they are getting assessed more.”

 

Surveyor Sterrett stated, “Fielding owns on the east side of the ditch, south of the road. He is getting tagged for $2.00 an acre.”

 

Chairman Schmierer asked, “What about what Hunt’s got up there?”

 

Surveyor Sterrett replied, “He’s got two tracts one is 19 and one is 19 and he’s getting $3.00 on both of those tracts. So, they assess more for farther the water went in that case.”

 

Chairman Schmierer asked, “I don’t know. What’s the favor of the drainage board? What do you want to do?

 

Board Member Burton replied, “Well, if we do this maybe we ought to increase it proportionally like it is now. Can we do that?”

 

Chairman Schmierer stated, “Yeah, if that’s what we do. If we went to work and said we were going to collect four times….he would pay $12.00 instead of $3.00.”

 

Surveyor Sterrett stated, “But if we only do 1,600 feet of the ditch the people downstream are not getting any benefit from that.”

 

Attorney Loy stated, “Well, that’s what everybody says.”

 

Surveyor Sterrett stated, “Right, I know.”

 

Board Member Burton stated, “Well, I’m just saying if we do this…IF we do this, it would only be…is to use the formula that is already being used that the upper end would be paying more.”

 

Chairman Schmierer stated, “He’s saying just go four times. What does it bring in a year?”

Surveyor Sterrett replied, “$1,700.00 approximately.”

 

Chairman Schmierer stated, “And $700.00 in debt.”

 

Board Member Heimlich stated, “If I remember right, you said the downstream had enough fall in there…”

 

Surveyor Sterrett stated, “That was past that first mile, yeah…the day we were out there, there wasn’t any water in the ditch north of road. There was very little on the south side, but then the second time we went out to do elevations, the pipe at the road was almost clear full. My estimate to do the 1,700 foot was $5,500.00. So if you went four times…”

 

Chairman Schmierer stated, “If you went four times, it would get it out of debt and everything in four years, if you didn’t spend much money someplace else on it too.”

 

Surveyor Sterrett stated, “Where we’ve been spending the money is on the tile, the laterals that run into it.”

 

Chairman Schmierer stated, “I don’t know.”

 

Board Member Burton stated, “I’m not saying I support that, but…”

 

Attorney Loy stated, “The largest tract…who owns that?”

 

Surveyor Sterrett stated, “I would say that is Hall’s. They have several tracts. There’s going to be about 400 acres of Hall.”

 

Attorney Loy stated, “That are currently assessed…”

 

Surveyor Sterrett stated, “It looks like its $2.00 an acre, except one piece that’s between $3.00 and $2.00.”

 

Chairman Schmierer asked, “He doesn’t farm most of that does he? Isn’t a lot of that woods, or not?”

 

Surveyor Sterrett stated, “Yeah, there is a ½ mile that goes through the woods. He doesn’t farm one side, but I believe he farms the other.”

 

Attorney Loy stated, “So, he’ll be paying the larger amount.”

 

Surveyor Sterrett stated, “Possibly, the only benefit they’ll have is…if we work on a tile that runs through his property and then we’ll have maintenance money to work on it. Right now I haven’t been working on any tile because it’s been in debt.”

 

Board Member Burton stated, “Hall didn’t come in.”

 

Chairman Schmierer stated, “They were here. Cindy came in.”

 

Board Member Heimlich asked, “Do you remember…what was their feeling about it?”

 

Surveyor Sterrett stated, “Well, we didn’t talk about just cleaning 1,600 feet. We talked about cleaning a mile. I think they were for it…I don’t know…to get the brush off, but there is lot of brush on them.”

 

Board Member Burton stated, “They might have been more concerned with what you were going to do with the trees, if I remember right. I was thinking Cindy had a comment about what was going to be done with the trees.”

 

Chairman Schmierer stated, “I don’t know, but none of this cleaning would be on Hall’s anyhow.”

 

Surveyor Sterrett stated, “No.”

 

Board Member Burton stated, “But at that time…”

 

Surveyor Sterrett stated, “But they’re going to say what I just said…”

 

Chairman Schmierer stated, “I don’t know how we approach it, because he is going to call me again...or he’s going to call you. What do we do with it?”

 

Board Member Burton stated, “I’d say the only fair thing would be to have the landowners…if we go back and re-propose this and have them in here.”

 

Board Member Heimlich stated, “That’s what I would say, have another landowners meeting and discuss it, but I don’t think we could vote to go ahead and do it.”

 

Chairman Schmierer stated, “I don’t think so either. I think if he wants it done before we can have another landowners meeting I suppose he could pay for the whole $5,000 if he wanted; if it’s worth $5,000 to him to farm the 38 acres. I don’t think you’d want to pay for it if it wasn’t getting you any benefit at all. I don’t know how you can go to work and tack it on someone else who isn’t going to benefit at all…and he’s going to say he’s been paying maintenance into it, which he has but…”

 

Surveyor Sterrett stated, “Actually on December 22, 2006, Wayne filed a petition for maintenance and John Fielding signed it. He also signed a petition against raising the maintenance on it in 1995. There were quite a few really, but I think it went ahead and got raised.”

 

Chairman Schmierer stated, “Yeah, we did. I remember that. We had a hearing. Why don’t you call him when we get out of this meeting and tell him we’re going to have another meeting on it.”

 

Surveyor Sterrett stated, “Ok, I will.”

 

Chairman Schmierer stated, “Send out the proposal, the last proposal and let the people see what it is.”

 

Surveyor Sterrett asked, “You just want a landowner’s meeting?”

 

Chairman Schmierer stated, “Yeah, same thing, but send a letter out proposing what we’re going to do.”

 

Surveyor Sterrett stated, “But being the 1,676 feet…that’s the $5,550.00.”

 

Chairman Schmierer stated, “Right, and proposing raising the fees four times and see how many objections you get. If you get enough objections…you’re going to have someone stand up and say ‘pay for it yourself’ and I don’t blame them.”

 

Board Member Heimlich asked if everyone had received notification from Pulaski County regarding Indian Creek. It is a new board due to the court case and White County needs to appoint a member to the new board. Chairman Schmierer made motion to appoint John Heimlich as the White County member of the Indiana Creek Board. Board Member Burton seconded the motion. Motion carried unanimously.

 

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