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June 6, 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   
Brian Cross-Civil Site Group, Inc.
Brad Hartz-Veolia Environmental Services

The first item on the agenda was to approve the minutes from the May 16th, 2011 White County Drainage Board Meeting.  Board Member Steve Burton so moved.  Board Member John Heimlich seconded the motion.  Motion carried unanimously.

Next on the agenda-Open Maintenance Project Quotes on the Walter Diener Branch of the Esther Fraser Drain #535

Attorney Loy stated, "We apparently received one (1) quote.”

Surveyor Ward replied, “One (1) out of four (4).”

Attorney Loy replied, “Four (4) were solicited and one (1) was received.  This quote is from Dennis Sparks and Son Excavating.  Is there anybody else here that thinks they submitted a quote?  It appears to be Eight Thousand, One Hundred and Fifty-two Dollars ($8,152.00).”

Chairman Schmierer asked, “Is that the one that Dirk was in on?”

Surveyor Ward replied, “No, Steve Diener was in on that one.  Tile out lets on the Walter Diener.”

Chairman Schmierer replied, “Oh that is the one you said that all the tile out lets rusted out.  Did you have an estimate on it?”

Surveyor Ward replied, “Yes, not nearly that high.”

Board Member Burton asked, “How much?”

Surveyor Ward replied, “I had it at Fifty-seven Hundred ($5,700.00).  He called and said that I was not going to be very close because material cost has gone up.  That was even last year price list and I didn’t think they had gone up that much.”

Attorney Loy replied, “Re-quote.”

Chairman Schmierer stated, “Quote it again.”

Attorney replied, “You don’t have to but…..”

Chairman Schmierer replied, “Yeah, but I would say quote it again.  Did you send one to Cain to quote on it?”

Surveyor Ward replied, “No, Kelly, Wredes and Segals were the other three (3).”

Chairman Schmierer said, “I would send one to Cain too, if you will.”

Next on the agenda-Veolia Environmental Services requesting Drainage Review Wavier and Reduction of existing Easement of the Earl A. Diener Tile formerly known as the S. W. Myers Tile

Viewing a computer generated plan

Surveyor Ward stated, “What they have is, this is the Earl Diener that comes through here.  This is Three Hundred (300) East and Hanawalt.  This one is the main one and this one here is a regulated tile on maintenance.  It has not been touched in about one hundred (100) years as far as we could tell.  I don’t know if it still works or not.  They are just asking for a reduction in the easement.  Their buildings are not sitting on it or anything.

Chairman Schmierer asked, “Are they going to build a building or something?”

Surveyor Ward answered, “Their plan is a stone drive way with a scale station over here.”

Chairman Schmierer replied, “They are going to have enough surface that they are going to need a drainage permit.”

Surveyor Ward continued, “Most of that is already existing stone.  I talked to Todd (Frauhiger), they are going to use this retention pond up here for any water that might…..”

Board Member Heimlich asked, “What’s this drain?”

Surveyor Ward answered, “This is a tile the S. W. Myers Tile Branch #1 I think.  At one time they were all Meyers Tiles.”

Board Member Heimlich replied, “The Diener that is the one that we had looked at before.”

Surveyor Ward replied, “This one is still the S. W. Myers Branch #1.”

Chairman Schmierer said, “We have seventy-five (75) feet on both sides of it presently.  I don’t think we want to give up that seventy-five (75) feet, I don’t know why we would anyway.”

Board Member Heimlich asked, “How close are they building?”

Surveyor Ward replied, “This building is existing if I am correct and this is the proposed scale.”

Board Member Heimlich asked, “How close is that, I can’t see that.”

Surveyor Ward asked Brian Cross, “Do you know how close that…..”

Brian Cross replied, “Let me measure that and I will get back with you.”

Board Member Heimlich said, “If it is stone I don’t know if it would make any difference but… ”

Board Member Heimlich asked, “Where does this tile go, how far?”

Surveyor Ward replied, “Stops at the railroad tracks.  I am assuming that it was put in to drain the railroad tracks.  That is where they had the old junk yard and there has been nothing that we could find done to it since it was put in.”

Board Member Burton said, “For some reason I thought it went south of the tracks on to that ground.”

Chairman Schmierer replied, “I think it drains it off the tracks Brad.  I am pretty sure that it comes across there.”
Surveyor Ward replied, “Part of the water shed is across the tracks but the legal description stops at the tracks.”

Chairman Schmierer replied, “Does it?”

Board Member Heimlich responded, “It may go on but may not be regulated.”

Surveyor Ward replied, “Steve (Sundy) and I went out and looked for it.  We could not find where any tile was running to it.  Now, I would not say there isn’t but we tromped around for a while and we….”

Chairman Schmierer said, “We had some body in with ground on the other side of the railroad tracks.”

Surveyor Ward replied, “I think Wrede owns ground on the other side.”

Chairman Schmierer replied, “Yeah, he was in wanting the drainage and stuff.  He didn’t want to do away with the tiles because of drainage.”

Chairman Schmierer asked, “How close is that building sir?”

Brian Cross answered, “It is over one hundred (100) feet from the….six (6) inch tile, one hundred (100) feet each.  The existing building is sixty (60) feet approximately from the center line of that tile.”

Board Member Heimlich asked, “Wait a minute, what is sixty (60) feet?  Oh, that is the existing.”

Attorney Loy asked, “So, you are talking consent to encroach?”

Chairman Schmierer replied, “They want us to encroach it back but I don’t think we want to….”

Board Member Heimlich replied, “They don’t need to on the hundred (100) feet.”

Chairman Schmierer replied, “The hundred (100) feet site you don’t need it anyhow.  If you are a hundred (100) feet that gives us seventy-five (75) feet each way from the tile, you know what I am saying.”

Brian Cross stated, “With respect to the scale house.  It exceeds the existing easement limits currently.  We have been working with the planning department on the site plan and future land plan of this property as well.  We looked at the existing easements and tiles.  We feel that reduction of the Myers Branch to a thirty (30) feet wide easement of this tile would be sufficient for planning future expansion or possible expansion of transportation to the north there.  That is the transfer station currently right now.  So, the goal at this point is to take  the circulation drive for vehicular access internally to the scale and scale house.  Then in the future the expansion of the transfer station in this area.  The Myers Branch Drain is the one that we need the encroachment a long with reduction also the encroachment and reduction of the Diener Drain as well.”

Chairman Schmierer replied, “I really don’t think presently you need it changed now.  At the present time you don’t need a change to build the scale house and that is what you are talking about.  The other one is already there and we are not going to tear the corner off to get the extra foot.”

Brian Cross asked, “This building would need to have an encroachment I guess if it had not already had one prior to this?”

Chairman Schmierer replied, “It could have had an encroachment before, I don’t have any idea, I don’t know.”

Board Member Heimlich replied, “I doubt if it does because we discuss this before.  That is the one up on the current site that was an issue back years ago.  That Diener went within five (5) or ten (10) feet of one of those buildings.”

Board Member Burton stated, “At one time we even thought it might have got out and gone underneath the corner.”

Attorney Loy asked, “How long has that building been there?”

Surveyor Ward asked, “Which one?”

Attorney Loy replied, “The square one.”

Surveyor Ward replied, “A while, I think that was the building for the junk yard.”

Chairman Schmierer added, “So, it has been there for a while then.”

Brian Cross replied, “I would venture to say the early eighties.”

Attorney Loy asked, “You are going to keep that there?”

Brian Cross answered, “That building will be remaining, yes.”

Brian Cross continued, “I was telling Brad one of the improvements basically was because of the intersection of the two (2) tiles perpetuating storm water from the South Southwest as well as from the South Southeast.   In this location we are proposing to put in a storm manhole junction where the tiles currently intersect.”

Surveyor Ward asked, “I think there is an air well there now, isn’t there?”

Brian Cross replied, “There is an air well currently there right now.  That would be excavated and replaced with a three cap concrete man hole and drainage cap.”

Attorney Loy asked, “Is that ok with you?”

Chairman Schmierer asked, “You don’t think they need a drainage plan for all of that?”

Surveyor Ward replied, “Todd (Frauhiger) and I talked and since most of it is already stone if they used the existing retention pond it should be adequate.”

Chairman Schmierer replied, “How about putting the drainage manhole and everything in don’t you think we should get Todd (Frauhiger) involved in that?”

Surveyor Ward replied, “Maybe!”

Chairman Schmierer replied, “I would say we would.”

Surveyor Ward responded, “Probably, if we can get the plan for that.  I don’t know if you sent those to us.”

Board Member Burton asked, “There is an air well there now?”

Surveyor Ward answered, “There is an existing air well there now probably right where those two come together.”

Brian Cross said, “That is the location that we had surveyed.  That is the location where the manhole would be located.  Primarily the reason because you have vehicular traffic right across that area and you want to stabilize that and make that a permanent structure.  Not run the risk of damage.  We have submitted, I guess, a grade and drainage plan to the Surveyor’s Office that depicts the structure.  The type of structure, the top casting, the inverts, things of that nature, little more detail.   There you go Brad, that is exactly what we are calling out that be the manhole there with detailed information on that.  All we can say is what is planned and what is existing conditions of topography of the site we shot in February or March.  The proposed access roads out lined, spot grades, contours to depict topographic manipulations.  We do have a very extra ordinary drainage plan.  This is what is being used to generate our cost and construction estimate.   If further information is to be reviewed by Todd (Frauhiger) we can supply this information to him as well.”

Chairman Schmierer stated, “You are asking for a waiver of the review here and I don’t think we want to do that.  We want to have Todd (Frauhiger) take a look at it.  With putting the open manhole in and everything we want him to be involved with it so we know where we are at.  I don’t believe we want to waive the review.”

Attorney Loy asked, “Just a customary drainage plan?”

Chairman Schmierer replied, “Right, everyone else pays for a review and put a plan in for review so I don’t see any reason we would wavier it. Do you guys?”

Board Member Burton replied, “At this time I would not be in favor of it either.  Let us deal with that first then we can jump down to the easement.”

Board Member Burton made a motion not to waive drainage review for Veolia Environment Services.  There must be a submittal of a drainage review plan and the fees for such a plan.  Board Member Heimlich seconded the motion.  Motion carried unanimously.  The waiver for Veolia Environment Services was denied.

Chairman Schmierer stated, “Now get down to the S. W. Myers Tile as to reduce the easements.  How do you want to handle that?”

Board Member Heimlich replied, “Well, my feeling is if that proposed building would be one hundred (100) feet away that they don’t need the easement for that.  I guess I would be reluctant to just to give a blanket reduction in the easement not knowing what is going to go in at some point.  We can cross that bridge when we come to it.”

Chairman Schmierer replied, “Right, we might have to go in and work on that tile.”

Board Member Burton replied, “I would piggy back on what John (Board Member Heimlich) said.  We would be allowing an easement on what is being proposed today and what might be used on that easement in the future may make a difference on how we might view or rule on that.  That is my biggest reluctance to say fine go ahead and do whatever you want without knowing whatever the want is.”

Board Member Heimlich replied, “The other building is within the seventy-five (75) feet now but it is like Ron (Chairman Schmierer) said we are not going to tear that down or require that to be torn down. But on the other site at this point there is no need for it. I would say we just wait until there is a need.”

Brian Cross responded, “On the property to the north which is also owned by Veolia there is a reduction of the Diener Tile.  It is approximately nineteen (19) feet from each.”

Board Member Heimlich replied, “Yeah, there were a lot of problems up there.”

Brian Cross continued, “We do have a plan in the future, we do call it future, but the proposed plan is to expand the transfer station sometime once the operations call for that expansion.  The six (6) inch tile we kind of discovered with our researching with the Surveyor’s Office help.  We feel that a thirty (30) feet easement would be sufficient for a six (6) inch tile along with the eight (8) inch tile.  At this time we request that reduction.  That would also alleviate coming back to the Drainage Board when the expansion does occur this winter yet with the future planning.  We don’t know the existing condition of this tile we can only assume that it is silted in. We don’t know if it is operational or not.  We are not proposing any additional use of that tile other than surface water that’s permeating the soil.  We are not proposing the relocation of that tile what so ever. We are only proposing drive accesses here and here on the encroachments.”

Attorney Loy stated, “I am George Loy, I am the Attorney for the Board.  I am not a member of the Board.  Typically what the Board has done with what we call consents to encroach have always been consider those request on a per project bases.  If for example they would grant just a blanket consent to reduce the easement to thirty (30) feet.  It could conceivably allow you or any future owner to build the entire length of the drain.  For instance up to thirty (30) feet within the center line which I don’t think they would find acceptable.  If there has been consent to encroach to the north, I sort of recall that, there would have been a specific project with a specific site location referenced in the consent.  I think what John (Board Member Heimlich) was talking about.  Come that point give the Drainage Board a plan of what you have in mind.  Then they have something to consider.  What structure is going in, the kind of structure and so forth does matter when it comes to consents to encroach.”

Board Member Heimlich replied, “I do think we need more information on that tile whether it does drain more ground on the other side of the railroad.”

Chairman Schmierer said, “We had a land owner in on that once John (Board Member Heimlich) on that tile.”

Surveyor Ward replied, “The water shed is on the south side of railroad tracks.”

Attorney Loy stated, “I do recall in general the problem there was with that property.  I honestly don’t recall, maybe I am wrong.  I really don’t recall ever preparing just a blanket consent to encroach with for an entire parcel of property without a defined project attached to it as an exhibit saying here is exactly what is encroaching.”

Brian Cross replied, “That is fine, again at this present time with this submission.  This scale relocate here for the haul vehicles, the scale house, the existing structure will remain and the interior gravel access drive which without the easement reductions will still encroach on the easements formally on the site.  Which I am not exactly sure…..”

Board Member Heimlich replied, “The drive is not really in the project.”

Attorney Loy stated, “So long as you know if there is a repair job there we have the right to go on and dig up your drive.”

Brian Cross responded, “Exactly! Exactly!  In the future when this plan is resolved with more detail we can submit for the reduction of easements as necessary?”

Board Member Burton asked, “Has Todd (Frauhiger) been up here?”

Surveyor Ward answered, “He has seen that, he has not been up to look at the property or anything though.  If that is the question.”

Chairman Schmierer replied, “I am far more concerned with the manhole they are going to put in than anything.  If  it is hooked up right and done right.  If they are going to drive across it which you are going to want to drive across it”   

Brian Cross replied, “That is our proposal.”

Board Member Heimlich asked, “So, Todd is going to review not only the drainage but the manhole?”

Chairman Schmierer replied, “Right.”

Board Member Burton asked, “At this time we are not going to do anything about the easement because there is going to be no new encroachments?”

Board Member Heimlich replied, “Right, they don’t need it.”

Brian Cross asked, “Would the interior access road be considered an encroachment being reviewed today?”

Attorney Loy asked, “I take it is pavement?”

Brian Cross replied, “Stone.”

Board Member Heimlich said, “I would not consider that…the thing that the encroachment covers is permanent structures.”

Attorney Loy replied, “The law does not permit any permanent structures to be constructed so long as you know that your nonpermanent improvements are subject to be torn up.”

Brian Cross replied, “Those roads will be constructed at a higher elevation so we would not be affecting the tile.”

Next on the agenda- Discuss the Maintenance of the Carter-Hines Drain

Viewing a computer generated drainage map

Chairman Schmierer stated, “I think we have worked on the Carter-Hines more since I have been here than any other drain.”

Surveyor Ward said, "I have had two (2) or three (3) people recently come in about having it dipped.  It actually starts here.”

Chairman Schmierer asked, “When was the last time we dip that?”

Surveyor Ward continued, “The last time it was trees and brush cleaned off the sides.  Five (5) years ago.”

Chairman Schmierer asked, “Didn’t we dip it at that time too?”

Surveyor Ward replied, “I don’t believe so.  Maybe, it was only put down as a clearing project so it could have been.  We have not done any field work or anything.  We have pulled a lot of files.  This is what was cleared what is highlighted there.  It looks like about five (5) miles maybe.”

Chairman Schmierer replied, “Right, I remember when we did it.”

Surveyor Ward continued, “It comes all the way up here.  There was actually a land owner up here wanting it clean.”

Chairman Schmierer asked, “Where does it come to?”

Surveyor Ward continued, “You can’t see it real well. It runs along here then up into here.  We had a land owner in here wanting it cleaned, a landowner in here wanting it cleaned then there was one that randomly questioned when it was going to be done, if it was on the agenda.  Somewhere in the middle. So, we have had three (3) people in the six (6) months that I have been in.”

Chairman Schmierer asked, “It’s got money in doesn’t it?”

Surveyor Ward replied, “It has Twenty-Eight Thousand Dollars ($28,000.00) in it to date.  We haven’t collected for this year.  It takes in about Twelve Thousand Dollars ($12,000.00) per year.  There is something about, this is more for my personal knowledge, if you do over ten (10) miles at a time DNR gets involved?”

Chairman Schmierer replied, “Yeah.”

Surveyor Ward asked, “If we did a petition can we break that into like Phase I, Phase II, …..?”

Chairman Schmierer replied, “You would probably have to petition part then part the next year.”

Surveyor Ward continued, “Yeah, maybe three (3) parts.”

Attorney Loy replied, “Do not refer to them as Phases.”

Chairman Schmierer replied, “Yeah, you don’t want to refer to them as that.”

Board Member Heimlich said, “Yeah, you would not want to let them all together.”

Surveyor Ward responded, “Right, say you did like three (3), four (4) or five (5) miles one (1) year waited a year then you would not have to do a Maintenance Modification, hopefully.”

Chairman Schmierer asked, “Are you going to start at the bottom end or the top end?”

Board Member Burton replied, “Pretty hard to start on the top end.”

Board Member Heimlich responded, “You can’t start on the top end.”

Chairman Schmierer replied, “That is why I was asking because if you start at the top with what the guy at the top is wanting done, these guys down here are going to start complaining pretty fast.”

Board Member Heimlich responded, “You are going to have to start at the bottom end."

Surveyor Ward said, “I think about right, we drove it real quick last week, we kind of thought probably about this neighborhood which looks likes Nine Hundred (900) East.  Is where it starts to get, you can see silt in the bottom.  Up this way there is still a lot of stone in the bottom so it would probably be here.”

Chairman Schmierer said, “You are going to have to pick you a spot out and mark it off.  Give us an estimate so you can get a quote on it.”

Surveyor Ward replied, “Yes, ok.”

Next on the agenda-Discuss issues with the Hoosier Lift in Princeton Township

Chairman Schmierer asked, “Are you just getting acquainted with them?”

Surveyor Ward replied, “I am just now getting associated with the Hoosier Lift railroad ponds.”

Chairman Schmierer asked, “Are they running over again?”

Surveyor Ward replied, “On Tuesday Mr. Burns was in and I called Steve Lee Tuesday afternoon.  He told me that they would have a pump out there Wednesday morning.  The pump was there, the first chance I had to get over there was Thursday morning.  The pump was there Thursday morning.  It was full of gas or diesel whatever but it had not been turned on yet.  As of today I don’t know if it has run at all.”

Chairman Schmierer replied, “Does that surprise you?”

Surveyor Ward replied, “No, not at really.  It was hooked up.  I don’t know why they didn’t turn the key on.  So, I am going to go over there this afternoon and see if it is running yet.”

Chairman Schmierer said, “Ok, it sure floods those guys over there.”

Surveyor Ward replied, “It was running I think it is suppose to pump it West and it was running East across the ground.  It was completely full.”

Chairman Schmierer said, “You will just have to try to stay on top of that.”

Surveyor Ward replied, “Yes, I am trying to.”

Next on the agenda-Update on the Henry Stewart Tile South of Brookston

Surveyor Ward stated, “We have got the field work done on that.  I don’t know if we do anything if it will help anything.  We only went five (5) land owners and that gets you basically were it goes under the rail road track.  Once that water get under the rail road track, if we clean that perfect, once that water gets underneath the rail road track it is going to hit a wall. It cannot go anywhere from that point.”

Chairman Schmierer replied, “We have fought with that thing before down there.”

Surveyor Ward replied, “Yeah, it is an all-natural stream and that is the problem.  It is another half (1/2) of a mile from the rail road tracks to where it dumps into Moots Creek.”

Board Member Burton asked, “When you were doing your field work how did the elevation come out through those yards compared to where it use to be?”

Surveyor Ward replied, “I guess I don’t know where it needs to be to hold all the water.”

Board Member Burton replied, “Well, I mean normal flow.  You see right now it is coming out of the tile and actually jumping up.”

Surveyor Ward responded, “Not really, it comes out of that tile and runs at a pretty consistent grade.  There are a couple pipes down there.  Forty-eight (48) inch pipes for a crossing that somebody has put in.  It runs pretty consistent to that.  That is about four hundred (400) feet, three hundred and fifty (350) feet I think until it hits those.  When it comes out of those pipes on the other side it does hit some silt.  That is an obvious elevation up ground level.  Then you go a little bit further north and it makes a dog leg left then it make a hard right turn back.  My fear was that if we speed that water up it is going to hit one side and start washing that out even quicker.  If we clean a bunch of grass and silt.  I thought maybe if we took a little bit out by the tile and made that a little deeper where it falls out of the tile.  It would slow it down and kind of flatten out that grade that could help a little bit.  Give them more storage in the water way.”

Chairman Schmierer replied, “That has always been a problem down there.”

Surveyor Ward answered, “Yeah, it is just a lot of water wanting to go in to that one channel.”

Board Member Burton replied, “There is a lot of water pressure when the State Highway, when the water builds up to the west of it there towards your old building.  There is a lot of water pressure going that way.”

Chairman Schmierer responded, “Forcing it down though there.  There is nothing you are going to do about it.  I don’t think you are ever going to change it.  I don’t know how you are going to change it.”

Surveyor Ward replied, “We could clean it up and it would look good for a couple of years.  They will still have water in the yards.”

Chairman Schmierer said, “I don’t know if there is any way to really fix it.”

Surveyor Ward replied, “Not without taking over that whole water way.  Opening it up and straightening it out.  Maybe you would have enough capacity then.”

Chairman Schmierer asked, “Your advice then is just leave it alone?”

Surveyor Ward replied, “It probably should be.  I don’t know if the land owners will like that.  It should be to leave it alone.  I don’t know if we could do anything.”

Board Member Burton said, “Let’s table it.”

Next discussion was regarding the Dwyer Culvert in Wolcott

Surveyor Ward stated, “On Nine Hundred (900) East, north of Wolcott, on the Pugh Tile.  It has broken down under the access to the Dwyer Instrument Factory.  There is a break down in the tile underneath the culvert.  If we fix the tile does the County or as the County Surveyor pay for the whole repair of removing the culvert and putting the new culvert back in.  To fix the tile you have to take the culvert out.  The way it has been explained to me.”

Attorney Loy said, “Give me the facts again.”

Board Member Heimlich asked, “The culvert is under the drive to Dwyer or under the road?”

Surveyor Ward replied, “It is not under the road it is under the drive to get into their parking lot.  The tile runs under the culvert.”

Attorney Loy said, “The tile runs under the culvert.”

Chairman Schmierer replied, “Below the culvert. Yeah, down below the culvert.  I knew that it was there.  We have worked on it before but it is out in their yard a little ways.”

Board Member Heimlich replied, “I would say Economic Development.”

Board Member Burton replied, “Yeah, I would say it would be courtesy to them to replace the culvert.”

Attorney Loy asked, “The culvert is fine?”

Surveyor Ward replied, “I believe the culvert is fine.  Steve Brooke called me about it and nobody really knew how …..”

Board Member Heimlich asked, “Would Steve (Brooke) be the one to do the work?”

Surveyor Ward answered, “He recommended Emonds.”

Board Member Heimlich asked, “Is it in the road right of way for Nine Hundred (900) East?”

Surveyor Ward replied, “I would believe it would have to be, to be under the culvert.”

Chairman Schmierer asked, “Have we got some funds available?”

Board Member Heimlich replied, “Take it out of one of the ….funds…….  It is not going to be that much.”

Surveyor Ward said, “Steve (Brooke) has already ordered the culvert.”

Chairman Schmierer replied, “Get the tile fixed when you are in there.  We will work it out.”


Next discussion-The Cox Tile

Surveyor Ward stated, “Mike Lehe was in about the Cox Tile.  It is an old clay tile and he has repaired it many times.  He wants to put a new tile in, at his own expense.  But it runs out of his property and drains across the road.  How does he put his own tile in because he would have to hook up to the old tile across the road?  He is willing to do that but he doesn’t want all that silt from the old tile that he knows is in there because his is full.”

Board Member Burton asked, “He is going to run his own so he would actually tie into there, then retie into the Cox. How is he going to outlet it?”

Surveyor Ward replied. “With the new tile.  It is close enough to the ditch and it is on his property."

Board Member Heimlich asked, “So, he is downstream then?”

Surveyor Ward replied, “Yes.”

Board Member Burton said, “So, we can allow him to tee into it as long as he doesn’t destroy the existing tile, right?”

Surveyor Ward replied, “Pick up the water with his new….he wants to basically tie in …..not the whole field.

Board Member Burton stated, “He might need an easement.  That is a regulated tile, right?”

Attorney Loy asked, “It is going downstream to him?”

Chairman Schmierer replied, “It is going across his property downstream to a ditch.”

Board Member Heimlich asked, “He wants to replace part of this regulated drain?”

Surveyor Ward replied, “Parallel it.”

Chairman Schmierer said, “He is just going to parallel to that tile so we have to give him an easement don’t we?”

Board Member Heimlich replied, “Oh, he is not replacing the tile he is just going to run ……”

Surveyor Ward said, “I was explaining he has the old tile upstream or behind him that is probably full of silt because it is on his property.  It is always breaking down.  He didn’t want to go through the procedure of petition and everything else just to get it done.  He is just going to do it but he doesn’t want all the silt from the other one washing into his new tile.”

Board Member Heimlich asked, “What is his solution there?”

Surveyor Ward replied, “He does not know.”

Attorney Loy asked, “Do you want to do it this way?”

Board Member Heimlich said, “He has got to hook up to it because that is the outlet for the rest of that tile.”

Chairman Schmierer replied, “He is going to leave the old tile there.”

Surveyor Ward said, “Probably.”

Attorney Loy asked, “He could, is that a good idea?”

Chairman Schmierer replied, “He is going to leave the old tile there John (Board Member Heimlich).  So, if the old tile breaks down in his field and he goes out there plugs the hole that guy isn’t going to have any drainage upstream.”

Surveyor Ward replied, “Or if his breaks down and we go there and fix his.  Before you know it we are fixing his tile.”

Board Member Heimlich stated, “He is wanting an easement because he is going to run his tile I assume right beside the other one.”

Surveyor Ward replied, “I think that is where he would like to run it.”

Attorney Loy asked, “What is the length of the run of this?”

Surveyor Ward replied, “Less than a half (1/2) mile.”

Attorney Loy replied, “I assume you would prefer the old one taken out and the new one put in.”

Chairman Schmierer said, “He would have to hook up his neighbor and that is what he doesn’t want to do.  He doesn’t want all the silt from the other guy.”

Attorney Loy asked, “What other guy?”

Surveyor Ward replied, “Gary Cooper.”

Board Member Burton said, “He wants to replace all his new but he doesn’t want to go through….”

Surveyor Ward replied, “I didn’t know if there was a procedure for something like that.  If he just put his own tile in parallel to it.”

Board Member Heimlich replied, “The only thing is if he is going to put it right beside it he is going to be within the easement he may need consent to encroach.”

Attorney Loy said, “He needs consent to encroach.  He owns the property but it would be a kin to a consent to encroach.”

Surveyor Ward replied, “Ok, that will be easy enough.  That will be easiest way to go, I think.”


Next discussion-Twin Lakes Southern Baptist Church

Chairman Schmierer said, “I talked to Jimmy Overbeck yesterday morning.”

Surveyor Ward asked, “About the church?”

Chairman Schmierer replied, “Yeah, he said he has already put some tiles in that are not in the drainage plan.”

Surveyor Ward asked, “The south parking lot?”

Chairman Schmierer continued, “Yeah, he said he was not going to do any more until… You were coming out there Tuesday or something.”

Surveyor Ward replied, “I am meeting with him, I don’t know if Mr. Tully is going to be there or not and Mr. Gross is going to be out there.  Basically I am going to tell them to resubmit another drainage plan.”

Chairman Schmierer replied, “They have had five (5) I think.  I told Jimmy (Overbeck) just quit until you….”

Surveyor Ward said, “They are wanting to change an elevation of something.”

Attorney Loy replied, “They can’t do that on their own without….”

Chairman Schmierer replied, “That is what they are trying to do.  I told Jimmy (Overbeck) quit because if you put it in wrong you are going to have to go back and take it out.  So just quit.  So he isn’t going to do anything until….If you need to get Todd (Frauhiger) involved then let them apply for another…”

Surveyor Ward said, “Yeah, I talked to Jimmy (Overbeck) this morning. Mr. Tully was wanting to change the elevation of something.  I don’t know if it was the canopy area or one of the catch basins.”

Board Member Heimlich replied, “If they would have just change that canopy in the first place.”

Chairman Schmierer replied, “They built the canopy before they ever did anything else John (Board Member Heimlich).”

Board Member Heimlich said, “I know but when they discovered the problem I think if they would have changed the canopy.”

Board Member Burton replied, “It would have been cheaper and easier and they would have been done.”


Chairman Schmierer then adjourned the June 6th White County Drainage Board Meeting.