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July 18, 2011

The White County Drainage Board convened at 10:50 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   
Steve Brooke-White County Highway Department Superintendent
Greg Smith        Kathy Smith
Darrell Herman        Donald E. Lane
Dorthy M. Lane

The first item on the agenda was to approve the minutes from the July 5th, 2011 White County Drainage Board Meeting.  Board Member John Heimlich so moved.  Board Member Steve Burton seconded the motion.  Motion carried unanimously.

Next on the agenda-Greg Smith-Jennings Loop Issues
(Viewing computer generated pictures)

Surveyor Ward stated, “There has been some, with the heavy rains, there has been some issues with flooding.  This is Jennings Loop.  I believe it is this property right here that is flooding causing water to go on to his neighbors.”

Greg Smith replied, “I have pictures if you want to see them.”

Board Member Burton asked, “Can you bring up an aerial?”

Greg Smith replied, “By the way in addition to my wife Kathy and we also have the Lanes and the Hermans are here too.  Our neighbors on either side of our home.  Probably the easiest way to start would be would be with this one it shows the water.  This was taken July 2nd and shows the water moving from the field across Jennings Loop on the south side.  Basically it is to get an idea, I am sorry the quality of the picture is not great.  The field across the way, I don’t know how many acres twenty-five (25) acres, there is a large bowl and that collects all the water.  It drains right down and moves across Jennings Loop.  This shows the water shifting from once it crosses Jennings Loop into our land.  To the right of the screen it is going to the Lane’s property and to the left of the screen it is going to the Herman’s property.  By the way I don’t know the actual depth of the road but when this crested some time July 2nd and 3rd..  There was probably a good ten (10) or twelve (12) inches of water that was on the road itself.  So, the cars couldn’t even cross very easily.  There is a variety of pictures that I have got in sequence.  This one here is the road. This was taken back in April shows obviously since it is a picture you can’t tell.  The water collects on the south side of the road and moves across the road to our properties.  We did through our builder, this shows that this is the 28th of April I can probably back up.  That is a McWilliams construction sign that shows the depth of the water that is sitting here.  So, once it moves over obviously water is going to collect on the other side of the road at that point.  This obviously shows the pooling of the water and you can see it has moved across from either direction.  There is a better close up shot of the sign that was probably at least well over a foot.”

Kathy Smith added, “That was April.”

Greg Smith continued, “This is April 28th, yes.  I think the reason that…this is a shot showing the Herman’s garage and how the water pooled across the way.  Our builder at that point excavated and put in, there were already four (4) sets of drains on the property.  The reason that this was never an issue before was obviously there was no house there.  This was a vacant lot.  He pulled in and took a look at the actual tile that existed and excavated it out.  This is shot taken from May the 4th.  It shows a series of drains and everything that was put in to hopefully to try to mitigate this problem.  I think that is such a sheer volume of water.  Now these are shots taken from July 2nd.  This is a good two (2) months after those drains were put in. We have already spent money on our property to be able to do this.”

Board Member Heimlich replied, “I have been there I don’t know at least three (3) times.  Mr. Lane had called.  The drains, I think what has to be pointed out is the drains that were put in were just lateral drains but the outlet has not changed.  You still got all the water that has got to go to the same outlet that it did before.”

Greg Smith stated, “The key point that I would want to make is that those drains should be sufficient to drain our property.  This is water that is moving across the road from some other property.”

Board Member Heimlich replied, “What I am saying that was the case before but by just putting in laterals if you don’t have the outlet.  That is the question.”

Greg Smith replied, “Well, certainly it is an issue but I guess what I am suggesting is that ninety-five percent (95%) of our water is caused by it coming across the road.  It really doesn’t matter at that point.”

Board Member Heimlich said, “Well and that may be.”

Greg Smith stated, “Well, I guess I am saying we have spent some money and we could disagree I guess whether that was money well spent.  But at the same token is that this would not be an issue if we could somehow take care of the water coming across the road.  To me and I believe we are unified here in this position is that there should be a ditch or drainage something.  It should be on the south side of the road  that where this water could be moved out to connect with existing drains.”

Board Member Heimlich replied, “As I pointed out to Mr. Lane when I was out there, none of the tile in that area are County Tile.  So, we don’t really have any jurisdiction over it.”

Greg Smith asked, “That is a County Road is it not?  Jennings Loop is not maintained by White County?”

Board Member Heimlich replied, “Well yeah, that is a County Road but as far as the drains.  If the water on the other side is going to go someplace it is going to come across towards the lake.  As I pointed out that water that there should be an assessment on that, but in order to do that you would have to make it a County Drain.  Then that property could be assessed.”

Attorney Loy stated, “Everybody’s property.”

Board Member Heimlich continued, “Everybody’s property would be assessed.  That property most of that is subdivided along the road.”

Kathy Smith asked, “So, all the people that haven’t bought on the other side of the street will also be included in that?”

Board Member Heimlich answered, “I think it is all one (1) owner but along the road it is a subdivision right?”

Surveyor Ward replied, “That is the way it appears.”

Board Member Heimlich said, “I think one (1) owner owns all of that.”

Kathy Smith answered, “That’s right.”

Greg Smith answered, “That is correct.”

Board Member Burton asked, “Originally this would have been all A1 at that time and the natural flow of that water is where the water is trying to go now, correct?”

Greg Smith answered, “Correct.”

Board Member Burton continued, “Which again we have no regulated drains or tiles in that area.  Even if Steve (Brooke) raised that road you would have a culvert there correct Steve (Brooke)?   That water would still follow its natural course.”

Steve Brooke replied, “If there was a culvert there.”

Board Member Heimlich stated, “You could not use the road to dam it up is what he is saying.”

Attorney Loy stated, “I am the Attorney for the Board, I am not on the Board.  All County Drainage Boards have jurisdiction over County Regulated Drains that have been made regulated drains.  That can be either ditches or tiles and at the moment there is no County Drain involved here.  Yeah, there is a County Road but that is strictly a road issue as far as maintenance of it is concerned.  At the moment we do not have jurisdiction to make whoever the owner is of that property, Hlatko, to say run your water somewhere else.”

Greg Smith asked, “There is not an ordinance that exists that says on a County Road that water is not suppose to go across from one property to another on a County Road.  There is no ordinance?  We were misadvised then I guess.”

Attorney Loy replied, “No, you were.”

Board Member Heimlich stated, “Just as he said if the road was higher you would still have to put in a culvert underneath.  So that the water was not dammed up by the road.  It is following the natural contour of the ground.  It is not the entire twenty-five (25) acres.  It looks like there is a ridge that kind of goes around.”

Greg Smith replied, “Your particular map that is here, this is the bowl that exists.  You are right it is not the full property.”

Board Member Heimlich stated, “It is a little more than that right there.  There is a ridge coming back to the east a ways from those properties.  It might be half of that twenty-five (25) acres. It would be in that water shed.  In order for us to get involved and to assess the owners of the property on the other side you would have to petition to make a County Drain.  Then that way everybody that is serviced by that drain pays their fair share.”

Attorney Loy replied, “The County does not pay for the installation or maintenance of any drain.  They may initially but the landowners who are affected pay for all of it.”

Greg Smith asked, “Is there a historical precedent that we would have some kind of an idea of what we would be faced in terms of this process for petitioning.  For making a determination, for how long it is going to take and for what the total expense would be when it is done.  Is there anything that would give us any…”

Attorney Loy asked, “When what is done?”

Kathy Smith replied, “Making a petition.”

Board Member Heimlich stated, “I think the whole process he is talking about is if they had a County….”

Attorney Loy asked, “A County Drain, a new County Drain?”

Board Member Heimlich replied, “See I talked about the outlet.  It is an eight (8) inch tile, right Mr. Lane?  Actually the outlet is underneath that new house.”

Attorney Loy asked, “Where is your property again just to give me a reference point here?”

Greg Smith replied, “Right here, I guess these two (2) parcels.”

Attorney Loy asked, “That is the new house on those two (2) parcels?”

Board Member Heimlich continued, “The new house sits on top of this outlet of this eight (8) inch tile that these other tiles are hooked into.”

Attorney Loy asked, “It is a private drain that outlets to the lake presumably.”

Board Member Heimlich asked, “Was any camera work ever done to see whether that eight (8) inch tile is plugged in any way?”

Greg Smith replied, “Well, at this point we were kind of waiting to see what was going to happen here. Everything that we do has been to expense.  Our contractor talked about doing this shooting before that rain out.”

Board Member Heimlich stated, “It did not make sense to me that water would sit there that long.  An eight (8) inch tile had to have a lot of fall right into the lake.  Unless there is some blockage in that eight (8) inch tile.”

Mr. Lane replied, “Yes, probably thirty (30) or forty (40) foot high so it is quite a bit of a drop.”

Greg Smith stated, “The calculations that were done you can see the sheer volume of water that moves across there.  When you are talking about draining an acre of water how long.  There can be something mathematically to determine an acre of water at some depth, how many gallons that has and everything else. I am assuming there are some calculations that can be done. Really those drains may not be working at peak efficiency but the problem is that you are running five (5) or six (6) drains into a single drain.  So, there is a multitude of things that probably could be adjusted.  But at this point the sheer volume of water is going to overwhelm the size of drain that is there on the property.  The drain on the property will take care of the property.”

Attorney Loy stated, “Again that is not our drain that is yours.”

Greg Smith replied, “I understand that but the problem is that it is not my water either it is coming from across the road.”

Attorney Loy replied, “It is not any body’s water. It is the water shed’s. It is the area of the water shed’s water. Perry McWilliams is your contractor I take it from the sign.”

Board Member Burton stated, “We understand where you are at.  I live out in A1 Ag. my neighbor’s water runs on me.  I have sufficient drains to maintain my water leaving but my neighbor’s water has to run across to me to get out of there. Unfortunately, private drains I have to accept that.  I cannot shut my neighbor’s water off legally.”

Kathy Smith asked, “What do the people do trying to come in and out of that street?”

Greg Smith asked, “The people were blocked on the street. Does the County take some responsibility for that?”

Board Member Burton answered, “Unfortunately, under major rain events and you are talking about a major rain event here.”

Board Member Heimlich stated, “I think on that day, this is our Highway Superintendent (Steve Brooke) here.  I think there were several County Roads that were closed for a day or so, weren’t they?”

Steve Brooke replied, “Correct.”

Greg Smith asked, “What happens under those conditions?”

Steve Brooke answered, “If I am notified of it I can put a closed sign on it.”

Greg Smith replied, “I know that but I would think eventually you would go out and do something to make sure that doesn’t take place. Isn’t that right?”

Chairman Schmierer replied, “Unless you can stop the rain, there is no way.”

Steve Brooke stated, “I have to have an outlet before I can do anything.  If there is an outlet I will definitely do something.  If there is no outlet there is nothing I can do.”

Kathy Smith asked, “So, who is responsible for developing the outlet?”

Attorney Loy answered, “At the moment not ours.”

Board Member Heimlich said, “Well again, your outlet is the lake there you are right by the lake.  There is an outlet there now.  That is what I was pointing out there is an eight (8) inch tile.”

Greg Smith replied, “I believe it is only a six (6) inch tile. I think yours Don I think is a five (5) inch and the one draining into on ours is a six (6) isn’t it?”

Donald Lane replied, “Yes, at the lake it got bigger.  It is an eight (8) inch at the lake I’m almost positive.”

Greg Smith said, “Being fed by a six (6).”

Donald Lane said, “Being fed by a six (6).”

Board Member Heimlich replied, “Regardless, I have got ponds bigger than that in my fields that are serviced by an eight (8) inch tile with an air well.  That you know a couple of hours the water is gone.  An eight (8) inch tile will take a lot of water.  Especially with as close to the lake that you are and the fall you have got.”

Donald Lane stated, “There is just a short section of the eight (8) inch…”

Greg Smith said, “So, the final out come here is that…”

Board Member Heimlich replied, “You could petition to make it a County Drain.  Has anybody talked to Mr. Hlatko?”

Greg Smith answered, “I believe that Mr. Hlatko is dead.  Mrs. Hlatko has had some conversations with somebody.  I think she is willing…I don’t know I haven’t spoken with her.”

Steve Brooke replied, “That is correct, I talked to her.”

Board Member Heimlich replied, “You could do it on a friendly bases too but to make sure everybody pays their fair share it would have to make a County Drain.”

Attorney Loy stated, “Yeah, with a lot of engineering done, drainage engineering.”

Board Member Heimlich continued, “But the first thing would be that outlet would be moved so it wasn’t underneath the house.  Right now if something goes wrong to the outlet it is underneath the house.”

Greg Smith replied, “It is to the side of the house.  Right now where our house sits anyway it is to the side at least that is what we have been told.”      

Kathy Smith said, “Other side of the screened porch.”

Board Member Burton stated, “To clarify something here if you move forward on to this.  This Board is responsible for regulation of this.  The County is not going to own this project.  The landowners, you the landowners in that water shed will own it.  So if there tile is installed or if improvements made that will be billed back to you.  We don’t take tax payers money and do this.  We just regulate it.”

Board Member Heimlich replied, “It would be our job to make sure that everybody pays their fair share.  That is what you are arguing here is that there is somebody that has got a lot of water that is going in there and is paying nothing.  I don’t know what kind of tile that they have got in there.  They don’t have a County Tile I know that.  They almost certainly have some private tile.”

Greg Smith stated, “Well, that would be an indication that if there was tile perhaps it is not working.  I don’t know.  We have only been here in the area, we have owned that piece of property since March of 2009.  I monitored it over the two (2) years.  We lived just a one half mile away and I would take a look at the property when we would have a heavy rain storms.  We were down on Arrowhead and water was collecting very rapidly in our area.  So, I would go up and take a look at where it was at.  Well, water would run on the property and drain off.  It didn’t seem like it was going to be a big deal.”

Board Member Heimlich replied, “That is what Mr. Lane had told me.  That before that water went away fairly quickly, right?”

Donald Lane replied, “Within about four (4) hours.”

Board Member Heimlich continued, “Which to me that would indicate there is some problem, some blockage in that outlet.”

Donald Lane stated, “The last two (2) rains that we have had, this is our house right here.  This is like a five and one quarter (5/14), five (5) acre section. These lots are not in here these lots were taken out when we purchase the lot in 1989.   Made this one (1) large area. One five (5) acres instead of five (5) lots, a part of a lot and three (3) acres.  These lots line are on here.  The last two times the water has come across and gotten clear up past the house in here.  Gotten into the drive way running towards the lake and down the drive way as well.  That is how much water we have had.  From this drive way right here comes across in this drive way right here and go across in both directions into Herman’s and our property.  That is a huge area.”

Board Member Heimlich again stated, “This Board has no jurisdiction on drains that are not County Drains.  I guess that is the bottom line.”

Greg Smith replied, “I guess that is what we wanted to discover.  So, I guess at this point that would be the answer.”

Board Member Heimlich said, “You could either talk to the land owner across the road and come to an agreement between you.  That this is what we need to do or petition to make a new County Drain there.”

Darrell Herman asked, “What is the procedure to petition the County?”

Board Member Heimlich replied, “I will defer to our Attorney.”

Attorney Loy answered, “Well, to put it simply, file a petition with the Surveyor’s Office.  Then the Surveyor would investigate what it would preliminary take to construct a new drain.  There would have to be engineering done.  The people affected end up paying for it.  I strongly suggest you do some drainage analysis and engineering yourselves.”

Board Member Heimlich asked, “What did you mean by engineering?”

Attorney Loy answered, “I mean shoot grades and know where the water is really going.”

Greg Smith said, “We have that information.  We got the grades.”

Attorney Loy continued, “That is fine.  Then if it proceeds it proceeds to a public hearing.  It would be up to the Surveyor to define the water shed.  By water shed I am talking about the acreage the gross acreage that goes this way.  You would be surprised at how many times how large or sometimes how small the water shed is, it all depends on topography.  Then there is a public hearing held, notices sent to all affected land owners who are going to be assessed.  Here is a preliminary estimate of what is project is going to cost.  Then here is how all the land owners are going to be assessed that entire cost.  What I am describing doesn’t happen overnight.”

Dorthy Lane asked, “What kind of time frame are you talking about?”

Attorney Loy answered, “I have no idea.”

Board Member Heimlich stated, “As far as in this situation most of what we are talking about they have got in place already.  It is just that short outlet whether they need a bigger tile or a new tile.  I still think that the eight (8) inch has to be blocked is some way.  It would not be a very long stretch.”

Chairman Schmierer stated, “John, this gentleman didn’t think the eight (8) inch went very far.  The last gentleman that spoke here said most of it was four (4) inch up to that eight (8) inch.  You didn’t think it was a very big span of eight (8) inch tile did you sir?”

Donald Lane replied, “No, not the part at the lake.”

Chairman Schmierer continued, “It still could be blocked in a four (4) inch or anything else too.  Does that satisfy your question?  I know that doesn’t satisfy you but does that answer your question?”

Attorney Loy replied, “I have been the Attorney for the Drainage Board for quite some time and I know a layman would think that the White County Drainage Board has all-encompassing powers over every drop of water that falls in the County and they are…….”

Greg Smith replied, “No, I am sure. I believe you.  The only reason we came here was because of one thing, we were perhaps misled.   We were told that on County Roads that the County was responsible when there was no drainage ditch and that water moves from one (1) side of the road to the other across the County Road.  That is really what I would think was the main crux here.  That if we had known.  I think you had been out….”

Board Member Heimlich replied, “Yeah, I have been out two (2) or three (3) times.”

Greg Smith continued, “…and given us an idea already about the assessments and everything else.  But somebody had misled to believing that there was some responsibility that the County held in terms of that.  That also of course this County Road it was not an issue because there was no house on the property.  The water drained basically on to a vacant lot.  Some dynamics have changed but the water has moved across there for years.  Unfortunately I guess for us it sounds like we are going to have to re-group and come up with….”

Board Member Heimlich stated, “I am not sure what he was talking about.  We don’t have any tile in the road ditch on either side.”

Greg Smith replied, “That is the problem there is no tile there, no culvert there, no ditch there, there is nothing there.  It is just drainage.  It is just like an express way for water.”

Steve Brooke interjected, “The road is just an abused property owner the same as you are.”

Donald Lane asked, “The drains that go across the road at the other end of Jennings Loop are those private then?  Is that what you are saying?”

Steve Brooke answered, “They are maintained by the County Highway.”

Board Member Heimlich asked, “Now wait, which ones?”

Board Member Burton answered, “On down.  To go back to what I said earlier about you saying the road is under water in extreme events you need to raise the road.  If Steve (Brooke) raised that level to stay above the water he would still be required to put a culvert underneath there to let that water to come across.  The problem would not go away if Steve (Brooke) raised that road.  If he had the ability to do it.”

Greg Smith stated, “That is a thing again, part of being misled we were misled twice.  We were misled into believing that the drain would not drain this direction it would drain this direction and hook up with whatever system was down here on West Shafer Drive.  That is the other part of the information.  So, apparently that is not the case either.  I guess is what you are saying.”

Attorney Loy replied, “We are not telling you one way or the other.”

Board Member Heimlich replied, “That might be possible.”

Greg Smith continued, “In which case if that is true none of the property owners on this side, of the north side, of Jennings Loop would have a dog in that hunt.  This drainage ditch would drain and do what it suppose to do along the road and that would be it.”

Chairman Schmierer asked, “We have no tiles along Shafer Drive either do we, West Shafer Drive?”

Greg Smith continued, “According to what we were told I thought there that…”

Steve Brooke said, “There is one (1) on the west side.”

Greg Smith continued, “…that drains down and comes into this point here.  That is what we were told again.”

Attorney Loy asked, “By us?”

Greg Smith answered, “Nobody here in this room.”

Chairman Schmierer asked, “Is it an open ditch?”

Steve Brooke replied, “There was a contractor told him that.”

Board Member Heimlich asked, “There was tile or and open ditch?”

Greg Smith replied, “It was not a contractor that told me that.”

Kathy Smith said, “A professional in excavating.”

Greg Smith continued, “That was what we were told.  That this would hook up here so that this thing where ever that existed that there was tile, ditching or something that was on West Shafer.  So, wherever this has got to go which you can clearly see there is a culvert and ditch work that is down there in West Shafer Drive.”

Steve Brooke replied, “That is quite a bit up hill to me if I was to make a …grade on it.”

Board Member Heimlich said, “That is kind of what I thought just eye balling it when I was out there.”

Steve Brooke replied, “Compared to the hole that you are trying to drain that is pretty much…”

Board Member Heimlich said, “The thing is still if you get a big rain event even if you have got the tile there if it won’t take it.  It is still going to go across the road.  I mean in that event on July 2nd I came through south of Brookston early that morning.  There was water that deep coming across Highway 43 down there.  There is a culvert underneath there but it was overwhelmed.”

Greg Smith stated, “Well, it would be pointless to show you all the rain that has happened over the course of us too.  That happened to be nationally and relatively recent.”

Board Member Heimlich asked, “I think it was May when I was out there, wasn’t it Mr. Lane?”

Kathy Smith answered, “You were out there June 9th, 10th, Friday June 10th.”

Donald Lane responded, “In May also.”

Board Member Heimlich replied, “I thought I was out there sometime in latter part of May.”

Greg Smith asked, “Were you out there when the contractor was putting in the …….on May 4th?”

Board Member Heimlich replied, “No.”

Greg Smith said, “The two (2) events that were on the drive here were on April 26th and April 28th.  We had a series of a couple of three days’ worth of rain that happened over that period of time.  The original expenditure of putting in the additional drains.”

Board Member Heimlich stated, “I agree with you that the person to the south of you should be contributing to solving the problem.  But for us to make that happen it has got to be a County Drain.”

Greg Smith replied, “Ok, does anyone have any other announcements?”

Dorthy Lane asked, “Did you say that your County Drain drains on the east end of Jennings Loop out of that field? Is that what I heard?”

Board Member Heimlich asked, “Steve did you say there are some along the road on the east or south part?”

Dorthy Lane asked, “Why aren’t there any on the other end? If there is a water problem on that end why aren’t there any down there?”

Steve Brooke answered, “They were installed when the road was built or they were there prior.”

Board Member Heimlich replied, “That was probably developed sooner, I assume.”

Steve Brooke responded, “Right, it was put in during the development of the road or the subdivision.”

Board Member Burton asked, “Steve (Brooke), what you are saying the County did not build that road?”

Steve Brooke answered, “No.”

Board Member Burton asked, “They built it then they petitioned to turn it over?”

Steve Brooke answered, “Right.”

Board Member Heimlich stated, “If those lots on the south side of your road were developed.  
Then I assume they would need drainage, a drainage permit, as part of the building process.  It would have to be addressed at that point.”

Steve Brooke stated, “I have offered Mr. Smith if he gets an out let for the road that I will put it under the road.  I have no problem with that.  Without an outlet the County’s hands are tied tightly, their hands are tied.” 

Greg Smith replied, “It sounds like at this point we have two (2) options.  We either have a petition option or a bad option, I guess.  Unless there is something else that hasn’t been mentioned.”

Kathy Smith stated, “It will be interesting when those properties do sell to see what happens. We will do our band aid and we will put more money into it.  But it will not take away the whole issue when that property sells.”

Board Member Heimlich replied, “When that property develops  they are going to have to meet the drainage ordinance.  Obviously there is a problem there now.  So, that would have to be solved at the time when they go through their permitting process.”

Darrell Herman asked, “Is there a process that we can get a copy of the drainage ordinances?”

Surveyor Ward answered, “Yes, after the meeting and there is one on line.”

Attorney Loy repeated, “It is on line.”

Greg Smith said, “All right, thank you for your time.”

Next on the agenda-Update on 2011 Spraying Projects

Surveyor Ward stated, “They have completed their spraying for this year.  I went out and looked.  It looked like they did a really good job.  We have received their bills and we are in the process of paying them.  There was one ditch that they didn’t spray.  The trees were already to big, it would have been basically pointless to spray them.  The ditch they didn’t spray was part of the Big Creek and they didn’t bill us for that one.  That saved us Four Hundred Dollars, ($400.00).”

Board Member Burton asked, “Where at?  There is some times, the J. P. Carr would be an example there, where you have large growth of what had been cleaned out on the banks, etc.  But there are large trees close to the banks that would be in the normal spray pattern.  My question would be, is it really wooly or has this been cleaned and the large growth left?”

Surveyor Ward answered, “I don’t know, I will look into it.”

There was other discussion on location of part of Big Creek not sprayed but location discussed was not the correct location that was not sprayed. (See Digital Minutes.)

Surveyor Ward stated, “So, that is the update on the Spraying List.”

Next on the agenda-Town of Chalmers

Surveyor Ward said, “The Town of Chalmers they put the walking park in.  I don’t know if any of you are familiar with that.  They did it last week.  About a four (4) foot asphalt path.  They went over one of our tiles.  Do they have to have a right to encroach?”   

This portion of digital minutes not auditable. ( See Digital Minutes)

A Board Member said, “We will tear their black top up if we have to.”

Surveyor Ward continued, “That was my question. I didn’t think they would need one but I wanted to ask.” 

Chairman Schmierer replied, “No.”

Surveyor Ward continued, “That kind of answered that question.”

Next discussed-Greg Jacobs’ Property near Brookston
(Looking a computer generated map)

Surveyor Ward stated, “I suppose some of you are familiar with Greg Jacobs’ land on the northeast corner of Brookston.  It flooded and flooded heavily on July 2nd rain to where it was in that trailer park to the west of that.”

Board Member Burton asked, “Who was the responding citizen?”

Surveyor Ward replied, “I can’t even tell you his name off the top of my head.”

Chairman Schmierer asked, “Mic Oilar?”

Surveyor Ward replied, “He lives in one of these trailers here.  This is the pond that flooded.”

Chairman Schmierer replied, “No, he doesn’t live in a trailer.”

Board Member Heimlich said, “I heard about it from somebody but it wasn’t from somebody that lived there.”

Chairman Schmierer replied, “I heard about it too but I didn’t hear about it from somebody that lived down there.  I didn’t know how bad it was they just said it was flooded.”

Board Member Heimlich replied, “I heard that it was pretty bad.”

Surveyor Ward continued, “There was a car that was about half under water.  There is a break down in the tile about right here.  We sent a work order out on that.  The pond is dry now.”

Board Member Burton asked, “Wasn’t there an air well?”

Surveyor Ward replied, “There is an air well here or a catch basin air well, there is one here and there is another one up here.  There was still water in this area.  There might be an air well or catch basin there.”

Board Member Burton asked, “Was the break down to the north or south?”

Surveyor Ward answered, “The break down was right here.”

Board Member Burton replied, “To the south of the air well.”

Surveyor Ward stated, “We sent the work order out to get that taken care of.  It looks like obviously there was a lot of something happened there.  I’m not completely informed on the issue but it looks like a lot of dirt has been moved.”

Chairman Schmierer asked, “Has he ever moved any of that back or not?”

Board Member Burton answered, “Well, he kind of half way did what we had asked him to but there is still dirt.”

Surveyor Ward replied, “Looks like that are two (2) berms or something.  There is a cut in it to let water through.”

Board Member Burton stated, “Again unfortunately, John (Board Member Heimlich) referred to that rain event came in so fast and so quick.”

Surveyor Ward replied, “Yeah, a bunch of water build up there.”

Board Member Burton stated, “I have seen it when the water was, I sure Denny (Retired Surveyor) has too, when the water was across the mobile home road up to.  So, it has been that high before.”

Next item discussed-the Wolcott Fire House

Surveyor Ward stated, “The Wolcott Fire House the new one there on Highway 24.  The Fire Department wants to put a guard rail from this power pole down to the end of ditch and across.  Just so nobody backs into it.”

Chairman Schmierer replied, “I don’t see any problem with that.”

Board Member Heimlich replied, “Sounds like a good idea to me.”

Surveyor Ward said, “I didn’t think there would be.  They have a meeting tomorrow night and they wanted to get the go ahead.”

Chairman Schmierer then adjourned the July 18th White County Drainage Board Meeting.