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May 7, 2012

 

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: Chairman Steve Burton, Drainage Board Member John Heimlich and Drainage Board Member David Diener. Also present were Attorney George W. Loy, Surveyor Bradley Ward and Drainage Assistant Mary Sterrett.

 

Also in attendance were:

Sharon Watson-Soil and Water Joe Federer

Gary Diemer and Brother Joe Couts

 

The May 7, 2012 White County Drainage Board was called to order by Chairman Steve Burton.

 

The first item on the agenda was to approve the minutes from the April 16, 2012 White County Drainage Board Meeting. Board Member John Heimlich so moved. Board Member David Diener seconded the motion. Motion carried.

 

Next on the agenda-Open Quotes on the Dorsey Drain #532 Maintenance Project

 

Attorney Loy presented the opening of the quotes on the Dorsey Drain #532 Maintenance Project. Seven (7) Contractors were sent invitation to quote with two (2) replies received. Attorney Loy stated the time had elapsed for submission of quotes and the quotes submitted were as follows:

County Line Tiling/Excavating: $64,000.00

Gutwein Bulldozing & Excavating: $47,500.00

 

Surveyor Ward reviewed the project for the Drainage Board.

  1. His estimated cost of project was sixty-four thousand dollars ($64,000.00).

  2. Length of project-thirty-four thousand, nine hundred (34,900) feet.

  3. Approximately twenty-two (22) tile outlets that need to be replaced.

  4. An old field crossing to be removed which was made part of the project.

 

Board Member Diener made a motion to award the contract for the Dorsey Drain #532 Maintenance Project to Gutwein Bulldozing & Excavating with the quote of Forty-seven Thousand, Five Hundred Dollars ($47,500.00). Board Member Heimlich seconded the motion. Motion carried.

 

Next on the agenda-Joe Federer Discuss the Hoosier Lift-Piggy Back Issue

 

Surveyor Ward presented to the Drainage Board.

l. Mr. Federer, Gary Diemer and his brother were in attendance because of concerns of flooding of their properties due the Hoosier Lift not being pumped.

2. Surveyor Ward showed location of the Hoosier Lift and how the water is supposed to get to the Stoller Drain, then to the Carpenter Creek in Jasper County.

3. Permanent Pumps were put installed in 1983. Those pumps are no long in working condition and have been removed. The Railroad brings in a pump to do the pumping of the ponds. Which is reported by the farmer to the Surveyor and then the Surveyor calls to report to the Railroad. These actions take time and the properties are in danger of being flooded.

4. Mr. Federer presented to the Drainage Board a document regarding this issue. The document reads as follows:

 

THE UNDERSIGNED REQUEST THAT THE WHITE COUNTY DRAINAGE BOARD, OR WHATEVER ENTITY IS RESPONSIBLE FOR DOING SO, PERSUADE THE TP&W RAILROAD TO MAINTAIN A PERMANENT AUTOMATIC PUMP ON THE RETENTION PONDS AT THE HOOSIER INTERMODAL LIFT LOCATION, AS PER THE AGREEMENT WHEN CONSTRUCTED. THE PUMP IS TO DRAIN INTO THE SEWER LINE INSTALLED INTO JASPER COUNTY FOR THE PURPOSE OF NOT OVERLOADING THE WATERWAYS AND DITCHES TO THE EAST.

 

This document signed by the following: Joe Federer, Glen L. Stockment, Don Furrer, Troy Furrer, Gary Diemer, and Harland Diemer. A copy of the document attached to the paper copy of these minutes on file in the White County Surveyor’s Office.

  1. Board Member Heimlich talked about the representative for the Railroad now being better

than others before him.

  1. Chairman Burton spoke about the grade and trying to make the water gravitate to the west.

  2. Attorney Loy spoke: “It has obviously been a recurring problem that comes before the Board

for time to time for years, it is no secret. Of course in 1983 this was installed prior to our Drainage Ordinance. The County, in my opinion, definitely has jurisdiction or has some ability to try to do something about it. Everything that we are talking about the ponds, the facilities and all the enter structures are on Railroad property, is that right? If it was part of a regulated drain we ourselves directly could do something about it and try to assess the Railroad. We have kind of developed a better relationship with the Railroad but the real estate people are down in Florida, perhaps we can talk to them. I would be willing to do anything and everything possible to try to alleviate the situation through court. When you accumulate water like this it is not a case of a natural water course just draining off from Railroad property and on to someone else. They are actually storing the water up and not disposing of it properly, then that becomes a problem. I think there is liability here on part of the Railroad and they should recognize and try to facilitate. I’m going to need as much technical data or written summary that you can generate either though the land owners or though Brad’s office to make our position clear to the Railroad with whom their offices are in Florida. We will have to make it clear to them.”

  1. Chairman Burton spoke: “With that being said, we are accused as a Government body as

being slow. If we are slow the Railroad is dinosauric. Anything we say we might try to do here take it with the idea that slow is slow. I did not want you to walk out of this room with what he said there thinking that it is going to change by August.”

  1. Attorney Loy spoke: “I don’t want you to go out of the room thinking the County is the only

avenue for addressing your problem. You have a private cause of action as landowners. I recommend you, especially you Joe, to contract an attorney or attorneys. You do have a private cause of action against the Railroad. We are willing to help.”

  1. Surveyor Ward will contact the Railroad today to get the ponds pumped.

  2. Survey Ward to provide information to Attorney Loy so that he can contact the Railroad

office in Florida by letter regarding the issues discussed.

  1. Attorney Loy asked the landowners to get as much documentation, pictures,

etc. so that if the Railroad would send a representative to check the situation at the

ponds they would have a better idea of what is really going on at the site as far as flooding.

 

Next-The Pulaski-White Rural Telephone Cooperative Requesting to Encroach the

North White Urban Tile Drain

 

Surveyor Ward presented to the Board that Joe Couts from Starr Associates was in attendance to request an Encroachment on the North White Urban Drain for the Pulaski-White Rural Telephone Cooperative.

  1. Drainage plan was approved contingent on getting the Right to Encroach on the North White

Urban Tile Drain.

  1. The finial plan will be to have a drive way over the tile.

  2. All buildings will be no closer than they are now.

  3. An asphalt drive way is planned.

  4. Joe Couts introduced himself and respectfully asked for the Right to Encroach on the North

White Urban Tile Drain in order to build a drive along the north side of existing Buffalo Elementary School building now the Pulaski-White Rural Telephone Cooperative.

  1. Chairman Burton asked Mr. Couts if he understood that if that tile needed repair under or near

their drive that the County could remove that portion of their drive way and it would be at their cost to replace it. Mr. Couts said that the owner understands that it would be at their cost.

 

Board Member Diener made the motion to grant the Right to Encroach the North White Urban

Tile Drain to the Pulaski-White Rural Telephone Cooperative. Board Member Heimlich seconded the motion. Motion carried.

 

Attorney Loy explained to Mr. Couts what paper work he needed to prepare the Right to Encroach Document.

 

Next Discussion-Billing on the W. F. Myers Drain #565

 

Surveyor Ward presented to the Drainage Board an issue with a claim submitted to be paid by the W. F. Myers Drain #565 Maintenance Fund.

  1. At the April 2, 2012 Drainage Board Meeting the Board approved the payment of the cost

three hundred and eighty (380) feet of twelve (12) inch smooth core tile, cost of the tile only.

  1. The bill submitted by the contractor was three hundred and eighty (380) feet

of twelve (12) inch smooth core tile for two thousand, four hundred, thirty dollars and ninety-four cents ($2,430.94) and also seventy-eight (78) feet of ten (10) inch smooth core tile for four hundred, five dollars and sixty-four cents ($405.64).

  1. The contractor was written a letter on April 2, 2012 by the White County Surveyor advising

him that the County would only be paying for the cost of three hundred and eighty (380) feet of twelve (12) inch smooth core tile, which would be the cost of the tile only.

  1. Per the White County Drainage Board the W. F. Myers Maintenance Fund will pay the

Contractor for three hundred and eighty (380) feet of twelve (12) inch smooth core tile only,

billed at two thousand, four hundred ($2,430.94) dollars.

 

Chairman Burton adjourned the May 7, 2 012 White County Drainage Board Meeting.

 

COMPLETE DIGITAL MINUTES MAY BE HEARD IN THE SURVEYOR’S OFFICE