Drainage Board Minutes - 08/28/2007

MONTGOMERY COUNTY DRAINAGE BOARD

TUESDAY, AUGUST 28, 2007

MINUTES

The Montgomery County Drainage Board met on Tuesday, August 28, 2007 in the City Building Council Chambers, Crawfordsville, Indiana.

Those members present were as follows: Commissioner Phil Bane, Chairman; Commissioner William D. McCormick, Vice Chairman; Deanna Durrett, Member/Executive Secretary; Dave Rhoads, Member; Surveyor Tom Cummins; and Drainage Board Secretary Lori Dossett.

Also present: Drainage Board Attorney Suanne Milligan; Aleasha Shelley, Journal-Review; Building Administrator Marc Bonwell; Ron Cunningham, Pat Cunningham-Vester & Associates; Elizabeth Flohr; Mark Kessler; and Marian Lindow-League of Women Voters.

Chairman Phil Bane called the meeting to order @ 8:00 a.m. and led the Pledge of Allegiance and Pastor Joe Dodd led the prayer.

Approval of Minutes - August 14, 2007

Bill McCormick moved to approve the August 14, 2007 minutes. Dave Rhoads seconded. 4-0 votes in favor. Motion carried.

Basil VanCleave Drain - Report

Ron Cunningham of Vester & Associates reported to the Board the findings of their investigation of the Basil VanCleave Drain. Bill McCormick moved to take the matter under advisement and discuss the matter at the September 24th Drainage Board meeting. Dave Rhoads seconded. 4-0 votes in favor. Motion carried.

Meeting recessed @ 8:45 a.m.

Meeting reconvened @ 9:00 a.m.

Staff Report -

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Linn Himes Drain - Surveyor Cummins reported that he received four bids for the railroad repair and Glenco will be performing the work for approximately $450. The project should be completed August 29th.

Surveyor Cummins reported that he received four bids for the railroad repair and Glenco will be performing the work for approximately $450. The project should be completed August 29th.

James Sanders Reconstruction - Surveyor Cummins advised that he is in the process of preparing the spec sheet for the project with the assistance of other County surveyors.

Surveyor Cummins advised that he is in the process of preparing the spec sheet for the project with the assistance of other County surveyors.

Odis Stafford Drain - Surveyor Cummins advised that he will be meeting with the three major land owners to discuss going forward with reconstruction.

Surveyor Cummins advised that he will be meeting with the three major land owners to discuss going forward with reconstruction.

Financial Report - Deanna Durrett presented the financial report of the balances in the maintenance and improvement accounts. Bill McCormick moved to accept the financial report as presented. Dave Rhoads seconded. 4-0 votes in favor.

John Ward Drain - Surveyor Cummins advised that he has had discussions with the landowners regarding the engineering report and stated that they are working on a more "palatable" option for the repairs which include replacing the bad section of tile, cleaning out the weir and dipping out the open ditch to the outlet on the Buck's property and extending the 24" tile through to the bridge. He is currently estimating $10,000 for the discussed repairs. The matter will be kept on old business and Cummins will submit a new report to the Board.

Deanna Durrett presented the financial report of the balances in the maintenance and improvement accounts. Bill McCormick moved to accept the financial report as presented. Dave Rhoads seconded. 4-0 votes in favor.

John Ward Drain - Surveyor Cummins advised that he has had discussions with the landowners regarding the engineering report and stated that they are working on a more "palatable" option for the repairs which include replacing the bad section of tile, cleaning out the weir and dipping out the open ditch to the outlet on the Buck's property and extending the 24" tile through to the bridge. He is currently estimating $10,000 for the discussed repairs. The matter will be kept on old business and Cummins will submit a new report to the Board.

Surveyor Cummins advised that he has had discussions with the landowners regarding the engineering report and stated that they are working on a more "palatable" option for the repairs which include replacing the bad section of tile, cleaning out the weir and dipping out the open ditch to the outlet on the Buck's property and extending the 24" tile through to the bridge. He is currently estimating $10,000 for the discussed repairs. The matter will be kept on old business and Cummins will submit a new report to the Board.

Policy & Procedure for Request for Quotations & Qualifications of Contractors for Drain Maintenance & Repair - Deanna Durrett advised the Board that she "For Drain Maintenance & Repair". Deanna Durrett moved to adopt the revision for Policy and Procedure for Request for Quotations and Qualifications of Contractors for Drain Maintenance and Repair. Dave Rhoads seconded. 4-0 votes in favor. Motion carried.

Deanna Durrett advised the Board that she "For Drain Maintenance & Repair". Deanna Durrett moved to adopt the revision for Policy and Procedure for Request for Quotations and Qualifications of Contractors for Drain Maintenance and Repair. Dave Rhoads seconded. 4-0 votes in favor. Motion carried.

John Galey Drain - Deanna Durrett advised that the pending reconstruction $70,000 order from November 8, 2005 is an outdated figure. She estimates $15,000 for an engineering study to be prepared on the drain. Bill McCormick moved to notify the landowners of a meeting on the John Galey Drain to discuss the situation as it stands today for a reconstruction of the drain. Dave Rhoads seconded. 4-0 votes in favor. Motion carried.

New Business -

Discussion on Stormwater Plan for Mark Kessler CAFO Operation - Mark Kessler appeared before the Drainage Board questioning the requirement to submit a drainage plan for the confined feeding operation that he is constructing on CR100 East north of CR700 South. He presented a drawing not to scale of the site that he prepared. Mr. Kessler advised that an IDEM permit has granted to Kyle Kessler. He advised that the buildings are approximately 66,000 square feet on a 10-acre site. Building Administrator Marc Bonwell advised the Board that Mr. Kessler will need a drainage easement to the private drain for the reason that he is crossing another property and the project does warrant a drainage plan. Dave Rhoads moved to allow Mr. Kessler to proceed with the project and allow 90 days to submit a drainage plan. Deanna Durrett seconded. Mr. Kessler questioned expressed a concern of having a drainage plan to submit to the Board within 90 days and the Board advised Kessler that he could request an extension of time to submit the drainage plan. 4-0 votes in favor. Motion carried.

Other Business -

Deanna Durrett advised that the pending reconstruction $70,000 order from November 8, 2005 is an outdated figure. She estimates $15,000 for an engineering study to be prepared on the drain. Bill McCormick moved to notify the landowners of a meeting on the John Galey Drain to discuss the situation as it stands today for a reconstruction of the drain. Dave Rhoads seconded. 4-0 votes in favor. Motion carried.

New Business -

Discussion on Stormwater Plan for Mark Kessler CAFO Operation - Mark Kessler appeared before the Drainage Board questioning the requirement to submit a drainage plan for the confined feeding operation that he is constructing on CR100 East north of CR700 South. He presented a drawing not to scale of the site that he prepared. Mr. Kessler advised that an IDEM permit has granted to Kyle Kessler. He advised that the buildings are approximately 66,000 square feet on a 10-acre site. Building Administrator Marc Bonwell advised the Board that Mr. Kessler will need a drainage easement to the private drain for the reason that he is crossing another property and the project does warrant a drainage plan. Dave Rhoads moved to allow Mr. Kessler to proceed with the project and allow 90 days to submit a drainage plan. Deanna Durrett seconded. Mr. Kessler questioned expressed a concern of having a drainage plan to submit to the Board within 90 days and the Board advised Kessler that he could request an extension of time to submit the drainage plan. 4-0 votes in favor. Motion carried.

Other Business -

- Mark Kessler appeared before the Drainage Board questioning the requirement to submit a drainage plan for the confined feeding operation that he is constructing on CR100 East north of CR700 South. He presented a drawing not to scale of the site that he prepared. Mr. Kessler advised that an IDEM permit has granted to Kyle Kessler. He advised that the buildings are approximately 66,000 square feet on a 10-acre site. Building Administrator Marc Bonwell advised the Board that Mr. Kessler will need a drainage easement to the private drain for the reason that he is crossing another property and the project does warrant a drainage plan. Dave Rhoads moved to allow Mr. Kessler to proceed with the project and allow 90 days to submit a drainage plan. Deanna Durrett seconded. Mr. Kessler questioned expressed a concern of having a drainage plan to submit to the Board within 90 days and the Board advised Kessler that he could request an extension of time to submit the drainage plan. 4-0 votes in favor. Motion carried.

Other Business -

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Thomas Wilkins Drain - Drainage Board Attorney Suanne Milligan advised that a Response to Petition to Disconnect Private Drain from Thomas-Wilkins Legal Drain has been received. She stated that a Drainage Board cause number will need to be assigned and that the matter should be set for hearing. The Board set the matter for hearing on Tuesday, November 13, 2007 @ 6:30 p.m.

Drainage Board Attorney Suanne Milligan advised that a Response to Petition to Disconnect Private Drain from Thomas-Wilkins Legal Drain has been received. She stated that a Drainage Board cause number will need to be assigned and that the matter should be set for hearing. The Board set the matter for hearing on Tuesday, November 13, 2007 @ 6:30 p.m.

Basil VanCleave Drain - Surveyor Cummins advised that he has received three quotes for the repairs to the Basil VanCleave Drain located on the north side of CR600 South in New Market. Connor Excavating submitted the lowest bid in the amount of $3,120.

Surveyor Cummins advised that he has received three quotes for the repairs to the Basil VanCleave Drain located on the north side of CR600 South in New Market. Connor Excavating submitted the lowest bid in the amount of $3,120.

Claims - No claims were presented for payment.

No claims were presented for payment.

Public Comment - No one came forward with a public comment to the Board.

- No one came forward with a public comment to the Board.

Bill McCormick moved to adjourn. Dave Rhoads seconded. There being no further business before the Drainage Board, the meeting was adjourned. 5-0 votes in favor. Motion carried.

Meeting adjourned @ 9:50 a.m.

Minutes prepared by Lori Dossett, Drainage Board Secretary.

 Phil Bane, Chairman

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William D. McCormick, Vice Chairman

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Deanna Durrett, Member

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Dave Rhoads, Member