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July 19th, 2010

The White County Drainage Board convened at 10:45 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 Surveyor Dennis Sterrett, Drainage Assistant Mary Sterrett, and Secretary Jamie Rozzi. Attorney Loy was not in attendance.

Also in attendance were Sharon Watson with White County Soil and Water, Mike Ezra with County Ling Tiling/Excavating, and Charlie Mellon.

The first item on the agenda was to approve the minutes from the July 6th, 2010 meeting. Board Member Heimlich so moved. Board Member Burton seconded the motion. Motion carried unanimously.

The next item on the agenda was to open quotes on for the W. W. Helfrick Maintenance Project.


Chairman Schmierer asked, “Do you just have one?”


Surveyor Sterrett replied, “Yes, I just got it. We sent to four contractors for quotes.”


Chairman Schmierer asked, “What was your estimate?”


Surveyor Sterrett replied, “$29,282.00.”


Chairman Schmierer stated, “We got one quote from County Line Tiling/Excavating…$27,900.00.”


Chairman Schmierer asked, “How much do we have?”


Surveyor Sterrett replied, “15,877 feet and then we have Branch #2 at 5,205 feet…21,000.”


Chairman Schmierer asked, “Do you have any questions or concerns with it? If not, I would entertain a motion to approve the quote from County Line Tiling/Excavating…”


Board Member Heimlich made a motion to approve County Line Tiling/Excavating’s bid of $27,900.00 for the W. W. Helfrick Maintenance Project. Board Member Burton seconded the motion. Motion carried unanimously.


The next item was to discuss the fill dirt on the J. L. Ackerman Br#1 of Branch #1 of Branch #6.


Surveyor Sterrett explained, “This is up in Headlee. There is a regulated drain that runs through here…I got a call from Ed Mosher who owns a tract there. He is worried….they have started hauling in fill in on this lot. There is a mobile home that is on this lot, that is low and they started hauling fill in there. I went out and looked at it and found out that we had a county tile in there, which we had jetted three or four years ago because we had water standing on this lot and also out here in the field. There is an airwell at the property line and one out there on the private tile in Mr. Mosher’s field. So far, the county highway is hauling the dirt…so far they have only put about a foot in there. Dave Anderson has been out there, I think John Raines has been out there…not sure, and I’ve been out there. So far, they haven’t put any dirt on the county tile. I’m not sure if it’s a civil matter or…”


Board Member Burton asked, “Is that all one lot? The house to the north, is that part of that vacant lot or are those separate lots?”


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


Board Member Burton asked, “The second questions would be, does water flow across those lots into Mr. Mosher’s field?”


Surveyor Sterrett replied, “It’s pretty hard to say, they are both about the same level and then that street that goes south is higher than this lot. So, the only way the water is getting out of there is through the tile and those air wells. So, they are filling in this lot and this lot. I think they are owned by the same person, but I’m not sure.”


Board Member Burton stated, “You’ve answered my question. It’s not like that has a natural water way across it that drains….the three lots.”


Surveyor Sterrett stated, “Friday when I was out there, the county highway dumped right at the property line there and that makes it look pretty bad.”


Board Member Heimlich asked, “So the county that is dumping where they’re cutting roadside?”


Surveyor Sterrett replied, “Yeah, the county is dumping…that’s about all the higher that they are going there and the county tile is over here.”


Chairman Schmierer asked, “Do you think it’s going to have any effect on the county tile?”


Surveyor Sterrett stated, “If they don’t put dirt on it, no…”


Board Member Heimlich stated, “Even if they put dirt on it, it won’t affect the tile.”


Surveyor Sterrett stated, “Not really…”


Board Member Heimlich stated, “But I suppose we still have the right to keep them from doing it.”


Chairman Schmierer asked, “So the trailer isn’t sitting on the county tile?”


Surveyor Sterrett replied, “No, but its real close, within 10 feet.”


Chairman Schmierer asked, “So what is your question?”


Surveyor Sterrett replied, “What does the board think we should do?”


Board Member Burton asked, “Is he trying to bring another trailer in?”


Surveyor Sterrett replied, “I don’t know. I don’t think so, but he might be…This was a full crop there this year, nothing was drowned out.”


Board Member Heimlich asked, “How does Dave Anderson feel?”


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


Board Member Burton stated, “I think it goes back to the neighbors protesting. I think there’s a possibility that they are trying to put another trailer in there…”


Board Member Heimlich asked, “Why else would Dave Anderson get involved?”


Surveyor Sterrett replied, “He must have moved a newer trailer in there and he must have got involved in that.”


Board Member Burton stated, “I got a call, but at the time I didn’t realize there was a county tile involved.”


Surveyor Sterrett asked, “You got a call?”


Board Member Burton replied, “Yes, from the person that rent’s that farm ground. His concern was that the water was all going to come on them and displace water on them. Is the county planning on bringing more in?”


Surveyor Sterrett stated, “I told the gentleman that there was a 75 foot right-of-way on each side of the tile.”


Board Member Burton stated, “Just my personal reflection at the moment, I would say especially since it’s the county, they need to stop until we see how it all falls together. What they have there leveled out may not be an issue, but if they continue to haul...and then there is the fact of whether or not this is a second lot and if they are trying to put another back here.”


Surveyor Sterrett asked, “Do I sent them a letter…putting it in writing that they aren’t to put any fill over the tile?”


Chairman Schmierer stated, “That would probably be best. Just tell them no more fill over the tile…tell them where the tile is and tell them not to put any fill over the tile.”


Board Member Burton stated, “I would also remind them that our easement extends 75 feet each direction, which is about a third of that area, without some kind of a…”


Surveyor Sterrett stated, “When water was standing there when the tile was plugged up, it was standing on both lots. If they were going to make it as high as the road, yes I would say that it is going to run on them. ”


Board Member Burton stated, “But we don’t know their intentions. That may have been their original intentions until you showed up. I think they need to desist at this time until some clarity…even from Dave Anderson and what their intentions on elevation, which would imply to me how far out…”


Surveyor Sterrett stated, “Like I said, since we’ve got a county tile there, to me anything outside of the right-of-way is a civil matter, but…”


Board Member Burton stated, “It might influence what he’s going to do if he finds out the 75 feet is involved.”


Chairman Schmierer stated, “I say just send them a letter.”


Surveyor Sterrett replied, “Send him a letter and tell him what?”


Chairman Schmierer stated, “To cease and desist…”


Board Member Burton stated, “Just kind of remind him that there is 75 feet on either side of that.”


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