Drainage Board Minutes - 07/24/2007

MONTGOMERY COUNTY DRAINAGE BOARD

TUESDAY, JULY 24, 2007

MINUTES

The Montgomery County Drainage Board met on Tuesday, July 24, 2007 in the Crawfordsville City Council Chambers, 300 E Pike St, Crawfordsville, Indiana.

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

Also present: County Attorney Suanne Milligan; Marc Bonwell, Montgomery County Building Administrator; Barry Lewis, The Paper; Marian Lindow, League of Women Voters; Larry Gentry; Kenny Pearson; Dan Booher; Dave Knowling; Bryan Long; Harold Reeves; David Shelton; Dick Shelton; Joe Woodrow; Paul Galloway; Rob Durrett; Clark Sennett; Randy McCormick; David Legg; Dixie Ruggles; Merlin Cox; Peggy Grayson; Joe Tolin and Joe Woodrow.

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

Approval of Minutes - July 10, 2007

Bill McCormick moved to approve the July 10, 2007 minutes. Deanna Durrett seconded. 5-0 votes in favor. Motion carried.

Hearings -

Chrinyance-Schenck - Surveyor Cummins stated all notices were mailed. He then presented a brief history of ditch. Surveyor Cummins proposed raising the assessment to $4/acre. Chairman Bane asked for comments regarding this matter. Landowner Clark Sennett stated that he is in favor of the proposed increase. Landowner Randy McCormick stated he has some issues with the ditch itself. He reported nine tile holes in one area. Feels the ditch should become an open ditch instead of a tile ditch although the ditch goes under SR 25 so some sort of culvert will be needed. Deanna Durrett explained that this would fall under reconstruction and would need to be addressed at a later time. Dan Booher on the behalf of landowner Sarah Booher reported that they had received their notice but had some concerns about the math, but does feel this needs to be taken care of by raising the assessment. Randy McCormick stated that he is concerned that the Guy Little Drain is not included. Deanna Durrett explained the drainage maps are being digitized and that corrections of the drainage areas will then be made.

- Surveyor Cummins stated all notices were mailed. He then presented a brief history of ditch. Surveyor Cummins proposed raising the assessment to $4/acre. Chairman Bane asked for comments regarding this matter. Landowner Clark Sennett stated that he is in favor of the proposed increase. Landowner Randy McCormick stated he has some issues with the ditch itself. He reported nine tile holes in one area. Feels the ditch should become an open ditch instead of a tile ditch although the ditch goes under SR 25 so some sort of culvert will be needed. Deanna Durrett explained that this would fall under reconstruction and would need to be addressed at a later time. Dan Booher on the behalf of landowner Sarah Booher reported that they had received their notice but had some concerns about the math, but does feel this needs to be taken care of by raising the assessment. Randy McCormick stated that he is concerned that the Guy Little Drain is not included. Deanna Durrett explained the drainage maps are being digitized and that corrections of the drainage areas will then be made.

Vice-Chairman McCormick moved to raise the assessment of the Chrinyance-Schenck Drain to $4.00. Jack Grimble seconded. 5-0 votes in favor. Motion carried.

Basil Van Cleave - Surveyor Cummins stated that all notices were mailed. Cummins then presented a brief history of the ditch. He proposed raising the assessment to $6/acre and $10/lot. Chairman Bane asked for any comments. New Market Town Board Member Merlin Cox stated that the drain dumps into Rattle Snake Creek. Surveyor Cummins explained that an engineering study is being done on the area. Cox asked about the bridge that is in disrepair. He would like the problem addressed before school starts. Landowner Brian Long asked who owns the bridge. Bill McCormick explained that the culvert is owned by the town of New Market. Mr. Long complained of debris in the area. Deanna Durrett stated that the surface water is carrying the debris. Rattlesnake Creek is a blue line stream and DNR may need to be involved. Landowner Dixie Ruggles stated that she is being assessed for too much property and this needs to be changed. Merlin Cox said the culvert was a WPA project so he doesn't feel the town should be responsible. Bill McCormick suggests waiting on the engineering report to see who should fix the culvert. Landowner Peggy Grayson reported that her assessment is wrong. She is being assessed for more property than she owns. She stated there are sink holes from the bridge through her property over to the Quigg residence. She feels the water is coming from the farm fields. She feels that replacing the culvert will not be enough. She is concerned that there should be a weight limit due to the buses and grain trucks that use that route and feels sink holes are dangerous. Landowner Joe Tolin reports there are two catch basins at 100 W that are blowing out the tile. He suggests eliminating the basins and arrange to take the surface

Surveyor Cummins stated that all notices were mailed. Cummins then presented a brief history of the ditch. He proposed raising the assessment to $6/acre and $10/lot. Chairman Bane asked for any comments. New Market Town Board Member Merlin Cox stated that the drain dumps into Rattle Snake Creek. Surveyor Cummins explained that an engineering study is being done on the area. Cox asked about the bridge that is in disrepair. He would like the problem addressed before school starts. Landowner Brian Long asked who owns the bridge. Bill McCormick explained that the culvert is owned by the town of New Market. Mr. Long complained of debris in the area. Deanna Durrett stated that the surface water is carrying the debris. Rattlesnake Creek is a blue line stream and DNR may need to be involved. Landowner Dixie Ruggles stated that she is being assessed for too much property and this needs to be changed. Merlin Cox said the culvert was a WPA project so he doesn't feel the town should be responsible. Bill McCormick suggests waiting on the engineering report to see who should fix the culvert. Landowner Peggy Grayson reported that her assessment is wrong. She is being assessed for more property than she owns. She stated there are sink holes from the bridge through her property over to the Quigg residence. She feels the water is coming from the farm fields. She feels that replacing the culvert will not be enough. She is concerned that there should be a weight limit due to the buses and grain trucks that use that route and feels sink holes are dangerous. Landowner Joe Tolin reports there are two catch basins at 100 W that are blowing out the tile. He suggests eliminating the basins and arrange to take the surface
water away and also a bigger tile is needed. Bill McCormick explained that the purpose of this meeting was to hold a hearing on raising the assessment and this other stuff falls under reconstruction. He then explained reconstruction. Landowner Grayson asked if the issue of the culvert being the county's or the city's responsibility will be addressed after the engineering study. Bill McCormick stated yes. Landowner Bryan Long asked if the debris on the Quigg property will be addressed. McCormick stated that this might be a health issue and agreed to meet at the property and take a look at it. Landowner and New Market Town Board Member Larry Gentry stated that the catch basin is bad. Landowner Kenny Pearson stated that his main concern is that the contractor who put in a new line to the water tower may have caused some damage to the tile. He would like to dig it up and take a look at it as he had no drainage issues until after the line was installed. He is willing to pay the expense. After discussion is made the Board stated the Mr. Pearson may do this at his expense and that Surveyor Cummins will be present on behalf of the Board. Landowner Joe Woodrow feels the trouble is with the surface water and not the tile drain. Deanna Durrett explained the engineering process. Chairman Bane asked if anyone was opposed to the proposed $6 assessment raise. No one was opposed. Dave Rhoads moved to raise the assessment to $6/acre and $10/ lot on the Basil VanCleave Ditch. Seconded by Jack Grimble. 5-0 votes in favor. Motion carried.
Albert Nobes -Surveyor Cummins reported that notices were mailed and gave a brief history of the drain and recommended an increase of the assessment to $4/acre. Chairman Bane asked if anyone present was opposed to raising the assessment. Landowner David Shelton stated that he has no problem with raising the assessment he only has an issue with the outlet. Bill McCormick moved to raise the assessment of the Albert Nobes drain to $4/acre. Seconded by Deanna Durrett. 5-0 votes in favor. Motion carried.

Reports

Spray Program - Surveyor Cummins advised that he has been working with the contractor and is waiting on a proposal. They will be starting on the Fred Maxwell Drain.

Albert Nobes -Surveyor Cummins reported that notices were mailed and gave a brief history of the drain and recommended an increase of the assessment to $4/acre. Chairman Bane asked if anyone present was opposed to raising the assessment. Landowner David Shelton stated that he has no problem with raising the assessment he only has an issue with the outlet. Bill McCormick moved to raise the assessment of the Albert Nobes drain to $4/acre. Seconded by Deanna Durrett. 5-0 votes in favor. Motion carried.

Reports

Spray Program - Surveyor Cummins advised that he has been working with the contractor and is waiting on a proposal. They will be starting on the Fred Maxwell Drain.

Reports

Spray Program - Surveyor Cummins advised that he has been working with the contractor and is waiting on a proposal. They will be starting on the Fred Maxwell Drain.

James Hose Grant - Surveyor Cummins advised that he has met with the grant contact person and that the income survey will need to be redone. The first survey only included people living in the town of Linden and did not include the people living outside the city limits that are in the watershed, as required.

- Surveyor Cummins advised that he has met with the grant contact person and that the income survey will need to be redone. The first survey only included people living in the town of Linden and did not include the people living outside the city limits that are in the watershed, as required.

Albert Hysong Update - Durrett advised that Dave Gasten of Hendricks County is having 1 foot contours drawn. There is nothing else to report.

- Durrett advised that Dave Gasten of Hendricks County is having 1 foot contours drawn. There is nothing else to report.

Golf View Estates Update - Attorney Suanne Milligan reported that she found nothing in the statutes that permits the Board to stop development in that area. The only thing found by research was concerning the Shelley Drain and that a stop building order had been done on that drain but it was done by the Commissioners in regards to the Storm Water Ordinance and storm water is not the issue in Golf View Estates. McCormick reported that he has the specs for Mr. Gineris and will get those to him today so that they can go out and get some quotes and see what it is going to cost them. Building Administrator Marc Bonwell reported that the Building Dept. does have a building permit pending on the County's side of Golf View. The contractor and the homeowner are aware of the situation. They are proposing a basement but they are going to benchmark the home three feet out of the ground so it will actually be going in the ground 6 feet. According to the Building Code we can withhold the permit because there is an improved drainage plan. Jim Ratcliff is the developer. The homeowner's last name is Warren. They did a septic workup for the site prior to the purchase of the land. It is feasible for the septic system. So that permit will be issued unless the Board has a problem with it. Dave Rhoads reported that he has spoken with Terry Stephens and he feels that they can go across the cornfield and go north with less expense going west. Bonwell reported that there is a problem with an abrupt hill going to Rock River Ridge. This way would also include the railroad. McCormick stated that he feels Mr. Stephens should talk to Marla McDaniel and see if they could tie into her field tile. She has been opposed to this in the past. McCormick did have a discussion with the President of the Country Club to see if they would have a problem with any concerns with the ditch coming down the north side of the road but, he hasn't heard back from them. Bonwell stated that the problem with that is it would concern too many properties and there is a deep drop off there of 50 feet or more. Several options were discussed. Durrett suggests putting such issues on the agenda for

- Attorney Suanne Milligan reported that she found nothing in the statutes that permits the Board to stop development in that area. The only thing found by research was concerning the Shelley Drain and that a stop building order had been done on that drain but it was done by the Commissioners in regards to the Storm Water Ordinance and storm water is not the issue in Golf View Estates. McCormick reported that he has the specs for Mr. Gineris and will get those to him today so that they can go out and get some quotes and see what it is going to cost them. Building Administrator Marc Bonwell reported that the Building Dept. does have a building permit pending on the County's side of Golf View. The contractor and the homeowner are aware of the situation. They are proposing a basement but they are going to benchmark the home three feet out of the ground so it will actually be going in the ground 6 feet. According to the Building Code we can withhold the permit because there is an improved drainage plan. Jim Ratcliff is the developer. The homeowner's last name is Warren. They did a septic workup for the site prior to the purchase of the land. It is feasible for the septic system. So that permit will be issued unless the Board has a problem with it. Dave Rhoads reported that he has spoken with Terry Stephens and he feels that they can go across the cornfield and go north with less expense going west. Bonwell reported that there is a problem with an abrupt hill going to Rock River Ridge. This way would also include the railroad. McCormick stated that he feels Mr. Stephens should talk to Marla McDaniel and see if they could tie into her field tile. She has been opposed to this in the past. McCormick did have a discussion with the President of the Country Club to see if they would have a problem with any concerns with the ditch coming down the north side of the road but, he hasn't heard back from them. Bonwell stated that the problem with that is it would concern too many properties and there is a deep drop off there of 50 feet or more. Several options were discussed. Durrett suggests putting such issues on the agenda for

Strategic Planning.

Interagency Meeting - Durrett reported that the next meeting will be held on September 10, 2007 at the fairgrounds.

- Durrett reported that the next meeting will be held on September 10, 2007 at the fairgrounds.

Old Business -

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Petition Forms - Suanne Milligan presented the proposed forms. The list of forms is as follows:

- Suanne Milligan presented the proposed forms. The list of forms is as follows:

Mutual Drain: Petition for jurisdiction

Order granting

Order denying: does not meet standards of design and construction

Order denying: petitioners are not all of the owners affected

New Drain: Petition

Order granting

Order denying

Private Drain: Petition of jurisdiction

Order granting

Order denying

Variance: Petition

Order granting

Order denying

Rate hearing: Order

The forms will be filed as an exhibit to the minutes. Jack Grimble moved to accept the forms as presented. Dave Rhoads seconded. Chairman Bane asked for comments. No comments. 5-0 votes in favor. Motion carried.

Policies and Procedures - Durrett presented the Policy and Procedure for minimum requirements for landowner repair of tile on own land without reimbursement. This Policy and Procedure will be filed as an exhibit to these minutes. Chairman Bane asked for comments. No comments. Bill McCormick moved to approve the Policy and Procedures form. Dave Rhoads seconded. 5-0 votes in favor. Motion carried.

Policies and Procedures - Durrett presented the Policy and Procedure for minimum requirements for landowner repair of tile on own land without reimbursement. This Policy and Procedure will be filed as an exhibit to these minutes. Chairman Bane asked for comments. No comments. Bill McCormick moved to approve the Policy and Procedures form. Dave Rhoads seconded. 5-0 votes in favor. Motion carried.

Engineering Studies - Deanna Durrett reported the costs are being researched and that Soil & Water may be interested in looking at the drain but it will be a short while. The matter will be discussed at a later date.

- Deanna Durrett reported the costs are being researched and that Soil & Water may be interested in looking at the drain but it will be a short while. The matter will be discussed at a later date.

Job Descriptions - The matter will be discussed at a later date.

The matter will be discussed at a later date.

Stanford Elmore - Surveyor Cummins reported he will get accurate measurements and report at the next meeting.

- Surveyor Cummins reported he will get accurate measurements and report at the next meeting.

New Business -

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Moses Allen & Alvin Sparks Rate Increase Hearing - The matter will be discussed at a later meeting.

- The matter will be discussed at a later meeting.

October Strategic Planning - The October Strategic Planning meeting will be held on October 8, 2007 at 2:00 p.m. at the library.

- The October Strategic Planning meeting will be held on October 8, 2007 at 2:00 p.m. at the library.

November Landowner Meeting - The November landowner meeting will be held on Tuesday, November 27, 2007 at 6:00 p.m.

- The November landowner meeting will be held on Tuesday, November 27, 2007 at 6:00 p.m.

Other Business -

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Drainage Board Meeting Place - Following discussion, Bill McCormick moved to change the Drainage Board meetings to the 2nd and 4th Mondays of the month at 6:30 p.m. starting in September at the Public Library if the library is available. Deanna Durrett seconded. 5-0 votes in favor. Motion carried.

Public Comment -

- Following discussion, Bill McCormick moved to change the Drainage Board meetings to the 2nd and 4th Mondays of the month at 6:30 p.m. starting in September at the Public Library if the library is available. Deanna Durrett seconded. 5-0 votes in favor. Motion carried.

Public Comment -

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Chairman Bane asks if there is any public comment. There was none.

Claims - No claims were presented.

- No claims were presented.

Adjournment -

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

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Meeting adjourned at 9:55 a.m.

Minutes prepared by Missy Spencer.

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Missy Spencer
 
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Phil Bane, Chairman

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William D McCormick, Vice-Chairman

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Deanna Durrett, Member

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David Rhoads, Member

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Jack Grimble, Member