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February 22, 2011



The White County Drainage Board convened at 10:30 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 Bradley Ward and Drainage Assistant Mary Sterrett.

Also in attendance were:

Sharon Watson-White County Soil and Water

Todd Frauhiger-Engineer for White County Drainage Board


The first item on the agenda was to approve the minutes from the February 7th, 2011 meeting. Board Member Heimlich so moved. Board Member Burton seconded the motion. Motion carried unanimously.

Next item on the agenda was Meadowbrook Subdivision #2 Drainage Review. Surveyor Ward turned the Drainage Review over to Engineer Todd Frauhiger.

Todd Frauhiger stated, "Brad (Surveyor Ward) and I had a chance to go out and actually do a field check last Wednesday and look at the site. It is a subdivision with two (2) entries, with two (2) cul-de-sacs coming off two (2) different roads. All the drainage is going to be handled by surface swales there will not be any under ground pipe put in. We will show you ……..bring the other plan up. There will basically be ditches that convey all the water down to a detention area. The detention area is going to have a twelve (12) inch out let pipe. That twelve (12) inch out let pipe will go in to an existing twenty-one (21) inch pipe in to a ravine and then down to the river. Looking at the plans Todd Frauhiger continued, "There is an existing twenty-one (21) inch pipe here and a new twelve (12) inch pipe will actually be out let control structure for the detention pond. I redid the calculations and I think they are a little bit conservative here. It has basically got almost two (2) acre feet of storage put in which is basically two acres of land flooded a foot deep. I actually redid the calculations and came out about one (1) point six (1.6) acre feet. So, the twelve (12) in pipe is an adequate out let. They did put a note on the front of the plans that it….sets a ravine about erosion control. Having to get an erosion control plan approved if they ever disturb more than one (1) acre of land. That is some thing we will have to keep an eye on. Calculations were fine, the out let control is fine, the amount of storage is good and they meet the ordinance. So, I guess I am ready to recommend approval."

Chairman Schmierer asked, "Who owns the ground?"

Surveyor Ward replied, "Cathy Russell!"

Chairman Schmierer replied, "Cathy Russell, ok!"

Board Member Heimlich made the motion to approve the Meadowbrook Subdivision #2 Drainage Review and Board Member Burton seconded the motion. Motion carried unanimously.

Next item on the agenda was to discuss the spraying of the ditches for 2011.

Chairman Schmierer asked, "Do you have your spray list around or do you need some help with it?"


Surveyor Ward stated, "Basically it is the same list we had three years ago. My only questions were the Diener Ditch which was cleaned last year. It is seven thousand dollars ($7,000.00) in debt, do you want to spray that this year or wait? It brings in about twenty-five hundred ($2,500.00) a year."

Chairman Schmierer replied, "I would wait a year or so wouldn’t you John if it was just cleaned."

Board Member Heimlich asked, "When was it sprayed?"


Surveyor Ward replied, "It was cleaned this past year!"

Chairman Schmierer stated, "Then it shouldn’t need sprayed this year then should it?"

Surveyor Ward replied, "Some have waited a year to do them and some have sprayed the next year or the following year."

Board Member Burton stated, "I have seen a lot of times if you wait……"

Chairman Schmierer replied, "It gets a head of us!"

Board Member Burton answered, "Yeah!"

Chairman Schmierer stated, "It gets a head of us!"

Board Member Heimlich replied, "Still you are not taking the brush off!"

Chairman Schmierer asked, "Mary, (Drainage Assistant) do you know if we have ever raised the rates on that Diener Ditch?"

Drainage Assistant Sterrett answered, "I thought we did when we did the project!"

Chairman Schmierer replied, "When we did the clean out!"

Drainage Assistant Sterrett stated, "I will go look!"

Chairman Schmierer replied, "You don’t have to go look now we can do it later. I was just curious!"

Board Member Heimlich asked, "So, when had it been sprayed last, the Diener?"

Surveyor Ward replied, "I don’t know when it was sprayed last."

Chairman Schmierer stated, "It was cleaned last year is what he saying. Let’s spray it if you want to but you are in debt seven thousand dollars ($7,000.00)."

Surveyor Ward replied, "I didn’t know if you want to put it in another what ever the dollar figure to spray it."

Board Member Heimlich stated, "Is it debt from the……."

Surveyor Ward stated, "It is in debt from the cleaning, it brings in about twenty-five hundred dollars ($2,500.00) a year."

Chairman Schmierer said, "We got almost three (3) years to go."

Board Member Heimlich asked, "Was that the plan when we did that? That it be paid back in three (3) years?"

Drainage Assistant Sterrett replied, "I think it was four (4) years but I wouldn’t swear. I believe you were going to drop it back in four years. It seems like we raised it then to drop it back in four (4) years."

Chairman Schmierer stated, "It seems to be the consensus that it ought to be sprayed this year so that it doesn’t get behind."

Surveyor Ward continued with the spraying issues. "On the Kleyla Ditch there in Reynolds! How close do we get to the city? It runs through the city there, how close or how far should we stay from…I didn’t know if there is a rule we followed."

Chairman Schmierer said, "I don’t know on that either! They are going to clean part of that Kleyla Ditch."

Surveyor Ward replied, "Yeah, the north side but I have not heard from Joe Bilyeu. I left him a message that it would have to be petitioned to do the north side but I haven’t heard back from him. That has been three (3) weeks or so."

Board Member Burton stated, "Is the Wolcott situation there at their sewage plant if that doesn’t get sprayed it gets wooly. I don’t know what the situation is in Reynolds."

Board Member Heimlich replied, "Well, it has been there by the Cross Roads that has built up before."

Surveyor Ward stated, "They farm the east side of that then it get kind of close to that subdivision as it goes south then runs back to the west."

Board Member Heimlich replied, "Back there I don’t know what our easement is there. I assume that there has been some encroachment……."

Surveyor Ward continued, "I think before you get to the houses you still have your seventy-five (75) foot but they are not farming that any more back behind those houses."

Board Member Heimlich replied, "I would say that it still needs sprayed but they would have to be real careful."

Surveyor Ward said, "I didn’t know if there was a policy or what, I didn’t see one."

Board Member Burton said, "Who ever is spraying it needs to take responsibility for doing it correctly."

Chairman Schmierer replied, "Well, they are liable for it. They have had to pay for things before that they….."

Chairman Schmierer talking to Attorney Loy who just joined the Drainage Board Meeting.

Chairman Schmierer said, "We are talking about spraying at the edge of Reynolds on the Kleylaand he said how close to town should you come. I suppose the sprayer should know that himself." Ditch

Attorney Loy replied, "Well, that is just common sense."

Chairman Schmierer stated, "I would say who ever gets the spraying contract… send it out for bids. That is just common sense. They have got bonds and every thing else. Before they have done some things and had to pay for it. That is their liability."

Attorney Loy asked, "Have we awarded …….."

Chairman Schmierer replied, "No, we are just getting ready to put the spray list together."

Surveyor Ward stated, "Basically the list should be ready this afternoon."

Attorney Loy asked, "Who did it last year by the way. Was it the out fit that…."

Chairman Schmierer answered, "It was Townsend!"

Board Member Burton said, "It was both of them!"

Surveyor Ward replied, "That was two year ago!"

Chairman Schmierer said, "Last year we gave it to the company that didn’t charge us……"

Drainage Assistant Sterrett replied, "The bid was really low and it was Townsend."

Surveyor Ward said, "Two years ago was when they did 2008 and 2009."

Attorney Loy replied, "We didn’t pay them because they didn’t do it and they either did a freebee or something like that."

Chairman Schmierer stated, "Yeah! That is what they done. You may send it out then."

Drainage Assistant Sterrett checked on the question regarding the Diener Ditch she stated, "The Diener Ditch has been raised and is to drop back in four years."

Chairman Schmierer replied, "Ok, we should still be all right."

Next item on the agenda was discuss the G. W. Riffle Drain in Liberty Township-Section 4.

Surveyor Ward stated, "This is kind of more for my knowledge of how you want me to approach a situation like this." Looking at a projected picture. Surveyor Ward said, "Don MacOwan came in and he is framing this ground here and I think this ground here. This is six hundred (600) East and four hundred (400) North, Thirty-nine (39) is over here. That Riffle comes through here and it is pretty wooly on that section. Don MacOwan down here is wanting this cleaned. How do I approach …since he is not …every thing that has come in so far the land owner has went up to the ditch."

Chairman Schmierer replied, "But he doesn’t come up to the ditch."

Surveyor Ward continued, "Yeah! He is a property owner away. It comes through here and Westerhouse owns this."

Board Member Heimlich replied, "But it is his out let!"

Surveyor Ward answered, "It is his out let. The ones that I have had so far you know MacOwan wanted it cleaned it would have been going through his property."

Board Member Heimlich replied, "If it is his out let he can ……"

Chairman Schmierer stated, "If it is his out let he can petition it that is no problem."

Surveyor Ward replied, "That is what I presumed, I just want to make sure. It needs it, looks like they are probably just hunting it more than anything. Ok, I will let him know that. That was just for me."

Chairman Schmierer asked Surveyor Ward what else he had Surveyor Ward replied, "We received a letter from Cass County waiving their rights on the Mertz & Muck Ditch.

Chairman Schmierer replied, "Yeah, I read that."


Surveyor Ward stated, "That will be ready to send out, we just got it (the letter) Friday."

Surveyor Ward continued, "Indian Creek they have come back with their estimates. Well, I guess it has been voted on what it will cost. Little Indian $3.14 an acre, the Main Branch will be $5.90 an acre and with the minimum cost being $10.00."

Board Member Heimlich replied, "The Hearing has been scheduled for June 23rd."

Attorney Loy asked, "Is this the Winamac Reconstruction?"

Board Member Burton asked, "Why is the Hearing so far away?"

Board Member Heimlich explained why the Hearing was set for June 23rd. "For the Joint Board to advertise it. It goes over into Fulton County, way up there."


Surveyor Ward replied, "Some body said twenty-five hundred, (2,500) land owners."

Board Member Heimlich replied, "I would say yeah at least that……See before it was over in Cass County and that is where they got the law suit."

Chairman Schmierer said, "Cass County brought the law suit in!"

Board Member Heimlich continued, "Yeah! It went before the Cass County Judge and that was one of the reasons they moved it to Pulaski County was to get out of the Cass County Court. Yeah, it will take that long to get all the parcels together to advertise."

Board Member Burton asked, "Who is in charge of it then?"


Board Member Heimlich replied, "Pulaski County! What was the argument ….Cass County I think has got more acreage, Pulaski County has got more miles and they arguing that it should go to miles. That was fine it was better to go to Pulaski’s Board and so we moved it to Pulaski."

Board Member Heimlich asked, "Have we heard any thing from Wolcott?"

Todd Frauhiger replied, "I got an e-mail from Marc Rape shortly after you guys had your meeting with them."

Attorney Loy stated, "I talked to Todd (Engineer Frauhiger) briefly last week about it."

Todd Frauhiger continued, "He indicated that they were moving a head with the easement document to get it executed and they were going to contract about a special meeting. He also said that the town was going to start the process of petitioning for the reconstruction of the drain to get a more adequate out let."

Chairman Schmierer replied, "They can petition for that but I imagine that there will be protestors with the landowners on that end of town, wanting to pay for it. I don’t blame them I would too!"

Board Member Heimlich asked, "Did we hear any more from Wayne Hunt’s Attorney?"

Attorney Loy replied, "No!"

Board Member Heimlich continued, "So, we don’t know what his solution is." Attorney Loy replied, "No!"

Chairman Schmierer then adjourned the February 22nd, 2011 Drainage Board Meeting.