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The Grant County Record
in Grant County · Drainage Board, July 28, 2026 · 2026-07-28 · full transcript
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    0:03  Lord, we come to you this day. We ask you to guide us in the county's business. Let us do all for the whole. In your name we pray. Amen. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
    0:39  Move we approve the minutes that presented presented presented second. second. second. All in favor signify by saying I opposed. opposed. opposed. Move it on the claims extreme excavating $14,875. Little Black Creek the fund has $21,93624
    1:11  >> Sorry if I need a motion on the experience experience experience as far as >> just tell me tell them what you told me. They've got it brushed and they've got it all dredged and they've uh put rock in a rock sheet. That that's a partial payment. They'll have a little bit more when they level the spoil. They're going to wait till the spoil levels to level it better. >> All right. Is that $200,000? >> Yeah, pretty low. between what they have
    1:43  >> Yeah, pretty low. between what they have difference between their claim and the bid and what's going to be spent on the rock shoe that well eats up the budget. Make a motion to approve extreme excavating bill for creek second. All in favor sign by saying I opposed. Motion carries. carries. carries. Moving on to cups excavating >> for $3532. Pike Creek the fund has $138,83242
    2:17  pay bill clean up for Miami County from and more dead trees in the same area. I'll second. All in favor signify by saying saying saying >> I I >> moving on to old business the little newbie crossing discussion. What what degree does the board want to pay on taking them? There's two crossings that that's the only access to
    2:49  crossings that that's the only access to the property for the people and they both need lowered. One about 2 ft, one about 2 and 1/2 ft. >> Are they public or they are? >> They're they're private crossings. The the code says we can do anything from not pay at all to pay at all. >> So, it's up to the board on how you want to. It won't be that expensive to take them out and putting them back is not real expensive. It's the shoring of the ends if they have to be shored to keep the more the B dirt more vertical so
    3:20  the more the B dirt more vertical so they get a wider crossing. I approached both con both land owners and that was their wish was that the board would take them out, put them back and they would pay for the shoring and making of the drive. drive. drive. They went before they got before they bought the place. >> Oh my gosh. >> The owner would pay >> to shore them up, but was hoping that the board would take them out and put them back with the maintenance fund since it's their only access.
    3:50  since it's their only access. >> Are the houses back there? >> No. The one has a house on it. Yes. And the other one it's about 50/50 their property. Half of it's on one side of the ditch and the others. One's where the greenhouse is and the other one is feed se to the north. >> So they abandoned this fun. >> Yeah. >> No. >> Who determines if they're good or not? >> I'll make a motion fix their own. >> Who determines if they're good or not? >> Be me probably.
    4:24  >> You know, we we start moving these things. It's a private crossing. We're gonna be doing it for everybody and make a you know that's true. You set precedence and uh we want to share a little cost but then you set the rest of the debt like the property for years. >> Yeah. I don't know what it's going to cost the property but I mean we'll get to >> what Okay. What happens if, you know, I
    4:55  >> what Okay. What happens if, you know, I don't want to pay any more than we have to, but I sure don't want to draw this thing out in 6 months and fight this thing and and we spend. So, what happens if if they if we say they got to move it and they don't pay or how do you make them pay or >> Well, we're going to take it out. >> The board set off to the side. >> The board can. Yeah. The board can go in there and remove them if they weren't established legally, but I can't prove they're illegal or legal. We'd have to go back through the minutes because they haven't ever approached the board to get permission. I don't remember every
    5:27  permission. I don't remember every >> did probably years and years >> probably before all our time. But neither one of them are deep enough. So it makes me think that they weren't weren't checked to put them in or they would have put put in deeper. >> Yeah. The uh I what I've done is I dig done a crossing for a drive-thru >> a Ford. >> Yeah. >> Could you do that? >> Can that be done there? >> The one could. The other one No, they're too close to the property line. The Ford
    5:57  too close to the property line. The Ford would be extending on to the next property But I know you don't know. >> $1,500 to $2,500 something in that nature to pull them out, put them back. >> And then they pay the keep the ends down. down. down. >> Yeah. >> They And then >> they seem like they're solid steel pipe. They're not corrugated pipe. They're a
    6:28  They're not corrugated pipe. They're a tanker of some kind. >> You're the final judge to say what the ends are down or set or secured enough. >> Yeah. How much is in this fund, Mary? >> My wall gone. >> 92,000 or 10 something. 103 something like that. that. that. >> Going back. >> Yeah. >> Uh well, you got 107,000 in it. And what's the what's in Kingville? 25,000 or so. >> Yes. >> So you got 90 82,000 and then you got 6
    6:58  >> So you got 90 82,000 and then you got 6 or 8,000 coming out from Fairmont. So you got 76,000 74,000 in that fund. Thank you. >> So you got a motion, but they have to be in our specs. >> You got a motion from Kenny? >> Yeah. To Kenny, your motion is to >> let them take them out, but it's done in our specs. Make sure the pipes deep enough
    7:29  enough enough in case we come through. >> Let them put them back in. I'll take them out. if they want to put them back in. >> So we >> the third motion. motion. motion. >> So we're just taking them out. >> Well, his his motion is that the board take them out as we dredge if we dredge and and that they the land owner put it back in. >> Are we going to dredge >> eventually? Well, that's that's where we're at on it cuz you know we this is holding up Raymond's letter on
    8:01  this is holding up Raymond's letter on >> dredging it >> on dredging it from Radian Street to south side of 22. What we're going to do with these pipe pipes that I do not want to pay for them anymore have to. But if you're going to put them back into your specs and take them out, I think somewhere you just got to say, "Hey, we got to do it and and be done with it and move on." Um and go from there. But I >> I get the PL to put it back in. >> How how do you assess that? How do you assess that? Or just set the type
    8:32  assess that? Or just set the type offside and say if you want to put it back in, you got to pay the contractor. Contractor can put it up on the bank. And if the board's not going to pay to put it back in, then it would be up to the land owner to put it back in. >> So you got a motion, Kenny, to a second. I hear what we're saying, which we got to work with people. >> Yeah. >> But I'm getting tired of people. Probably these people didn't do it. >> That's right. No doubt.
    9:02  >> That's right. No doubt. >> They didn't do it. >> Well, they ended up being or whatever. >> Yeah. >> So, they did what it was before they >> and they gave information obviously. >> No, they were. But on the other hand, we need to get moving on this. >> Yeah, man. This thing's been drug up. The thing about the the back gets we got to get something done sort of to collect for next year. >> The McCaines are moving in next week. They said to start doing the brushing.
    9:32  They said to start doing the brushing. So, that will take somehow. I don't know if that's enough to make it >> take enough. We got to take 17,000 out. They build something like 25,000 foot of tile, but I can make sure they put it down low enough. So, >> yeah, this is great. cuz you said these blowing up. >> No, they need to get out, but it goes back in. >> So, so the motion is that Kenny money in the motion.
   10:02  the motion. >> The drain board takes it out back into second at the landowner's expense. >> Correct. >> We got We're putting it back in. No, there's been specifications. >> It's sitting up there. >> Okay. Does it need to stay per specifications? >> So per explain again where we're at. >> Okay, we're going to the drainage board's going to take them out >> if and when we dredge. >> If and when we dredge
   10:32  >> If and when we dredge and set them up, put them back. It'll be up to them per the draining board uh regulations. Okay. So, we got a first. I need a second. second. second. >> Okay. So, we got a second. >> All in favor sign by saying I. >> I >> So, what you said? >> Yeah.
   11:03  >> Yeah. >> I'll say yeah. >> Pass it. Okay, moving on to lowmax drains dredging and pipe installation. Uh, this is on the lowax from the north side of 38th Street. Uh, it was dredged four, five, six years ago. Uh yeah. yeah. yeah. >> Well, it starts on the at the
   11:33  >> Well, it starts on the at the field and it goes south to be dredged in >> from the west side of >> what's that name? >> Valley. >> Valley Avenue. >> Start. So from Valley Avenue to the end of the original old LMAX. >> Okay. >> Um window was up there last week or two weeks ago and turned it back over. The dredging and the pipe insulation. The pipe is for to get back uh from the if you come off of 38 street to where it tees to go to the wetlands uh to put a
   12:04  tees to go to the wetlands uh to put a pipe in there to get back in there so when it's dredged that silk can be thrown on the east side instead of west side and then so we can have access to all the old LMAX or to the new LMAX and the new the old LMAX and the drainage easement behind the houses. The only part is between the two houses there north of 38th Street that's restricted >> as far as access. >> Right. But you just got contacting people, right? >> Yeah. >> Which I think they gave permission already, but it'd be good. >> So, uh, it's just to give Raymond
   12:35  >> So, uh, it's just to give Raymond permission to pursue that >> a letter. >> A letter pursue that. >> Is it including the pipe, the crossing pipe? pipe? pipe? >> I wouldn't do it all the way over there. >> Okay. >> So, we just What size of pipe would you put in? same as what's on 38th Street. I think it's 6 foot, I think. >> So, I just need a motion from the board to pledge to the board. >> So, I need a motion to dredge and put the pipe insulation in to make another entry to the Lax, the old and the new. >> Yeah,
   13:06  >> Yeah, I make that motion. >> I need to say it. >> You I can't say that. >> I know. All in favor signify by saying >> I abain abstain. Motion carries. Moving on to lowmax drain. Sarah Costello mowing discussion.
   13:37  >> Hello, I'm Sarah Costello, 4326 Starky Drive, HOA president of Heritage Village. Um, I just uh want to first and say I know Mary had requested from Rightway and us a hold harmless form signed for Rideway to do the work for spring. So I want to hold that over to Mary, put it on the record. Um, and that was drawn up by the attorney and again signed by us and Chad from Rideway. So we are approving them to move forward if that's what who you go through. Um, and then second, thank you for letting me come and talk about the mowing. Um, so
   14:09  come and talk about the mowing. Um, so last week, uh, Wendle, um, and his crew came and did mowing and took out some trees. Um, we were here at the meeting on July 14th. Our understanding was that mowing was approved on July 14th. Our understanding of mowing is mowing the grass, grass, grass, not taking out trees. My understanding, my reasoning that I was given by a board member was that they took out trees because that was approved a couple years
   14:39  because that was approved a couple years ago and it never happened. So, I understand that trees need to be removed. I want to thank Raymond for coming out on Tuesday and walking with myself, myself, myself, another board member, and a couple other ladies that live in the neighborhood and showing us um you know, and talking us through different things. And um after seeing certain things, I do understand that things were let go that should have never grown. So I think a lot of us agree that some of that trees and stuff needs to go. We just ask that more
   15:09  needs to go. We just ask that more clarification, more work is happening. Like we were told one time, you know, by Mary that mowing and spraying was going to happen. Again, nothing mentioned about trees. So if you know, we asked that more communication about exactly what's going to happen when someone comes out and does work. So like especially when dredging and more trees can get taken down because I understand that is going to happen in the future. Um and it does need to happen. I don't think any of us are disagreeing with work needing can be done on the lowax. We just want again going back to the notification more communication on
   15:40  notification more communication on exactly what's going to happen because a lot of residents were caught off guard when Wend and his crew were taking down tree after tree. And then I also want to bring up safety concerns from the work. There was a bunch of debris that was going different directions with the equipment that was used. Um, some of the debris hit some a fence did go over a fence and someone's private property. Um, and so I again I just want to bring up that we would like to see work done
   16:10  up that we would like to see work done safely and with more care. Um because I did actually approach Wendell um and and and brought it up in person because when I got calls, you have to understand that like HOA like we get calls when things are going wrong, right? And I don't get paid for any of this work that I do. I also have a a a full-time job so I have to interrupt my full-time job to deal with these issues that happen, right? Again, I'm not getting paid for any of that and I interrupt my job. We have to take time time off from our jobs to come
   16:40  take time time off from our jobs to come here to deal with these issues as well. Um, so I just want to again bring it up that um, a lot of neighbors were concerned. A lot of neighbors want it done. They do want it done, right? But they want it done it safely, more care. Cuz again, I brought it up to Wendle. I was going to show him, but I understand he didn't want to walk way over where it was and I interrupted his work and I do apologize for that, but I wanted to do it more in the moment that was happening. And he didn't seem too concerned about why it happened. I know
   17:10  concerned about why it happened. I know >> things happen when you're out there on the site. >> I know, but this is also the second time where we've had stuff similar. >> What are you trying to block off out there? The shopping centers or what? What's with the >> What do you mean block off >> the trees? Do you want trees grown up? >> Oh, yeah. I mean, there there is a resident that's working with Meyer to try to get trees put back. So, there's a a barrier there because there's a lot of noise from Meyer, especially the trucks at night and different things when they're loading. And so that was in the contract I believe when Arbor, you know,
   17:41  contract I believe when Arbor, you know, that was an agreement. And so when trees got taken down out there, like there's so much noise still and stuff. So they're working Meyer's working on getting trees put back back in to have that barrier. Like like I said, that was per the contract when they built and everything. So again, >> who was there first? Myers or the shopping? shopping? shopping? >> I have no idea. I' I've been here since 2021, so I don't know. >> She is right. That was in the contract there. That's what I've always been told. told. told. >> Yeah. So, it's it's >> on the very top of the ledge on my
   18:11  >> on the very top of the ledge on my property. property. property. >> I I tell you what, we bought this thing as long as I'm on the board and global. My proposal is we get a contractor come in, find out, everybody's against him. He do it for free. free. free. >> I understand. >> You don't understand what free is. No, I understand. understand. understand. >> Kenny, we got this. >> Yeah. Okay, ma'am. We appreciate your concerns and all. We'll try to get
   18:41  concerns and all. We'll try to get addressed. addressed. addressed. >> And then I also >> I also want to just bring up too that um Lindsay Haymaker could not be here today and she did send I don't know Raymond, you got the email. So, her concerns are also laid out in that email. So, I don't know if Raymond, you can share that with the board. >> Uh I gave Richard a copy just a little bit ago. >> Okay. >> Yeah, we'll look into it. We thank you. >> Okay. Thank you. >> And then go ahead. There has to be a creek down through there years ago or whatever.
   19:11  years ago or whatever. My My My I'll make a motion. >> That we come in and clean that creek all the way down through there. >> Okay. >> Myers got a They got a pit there that's got 24in tile in it that's over half full of water. water. water. >> Okay, we got it. >> Okay. Thank you. All right, moving on to new business. Humble. Greg Brinkle, maintenance request.
   19:50  Craig Brankle, 62.5 East 500 North Baron. So, I I I come to talk a little bit about the Dhy branch that runs off of Hummel. I talked to Raymond about it. The area of Hmel that extreme cleared this spring for us. There's a branch that runs off, goes east, and then goes north up to 650 north. It's called the Dhy Branch, I think. To my knowledge, that has never been dredged. There's very few trees or brush on it. And I asked Raymond if it would be possible for us to have that dredge, start at home, and just dredge the dying branch up to 650 because at the top of the
   20:21  up to 650 because at the top of the creek, there's always water standing there and there's cattails and grass in the bottom of the creek. And I was told, which makes sense, there's a high spot in the creek somewhere. That makes sense. It would hold back the water. So, I'm just asking for permit permission, I guess, to have the dhy branch dressed and there's just a few little bit of brush and a few trees on. We could just clear that, too. >> Desert. >> Yeah. Yeah. I'm >> Oh, it's on. >> We know where the high spot is. That's
   20:51  >> We know where the high spot is. That's tributary. tributary. tributary. >> Not without looking at it. I'll have to investigate. investigate. investigate. >> And there may be more than one. I don't know. know. know. >> Yeah. You know, I don't ever move that creek. creek. creek. >> Is there a tile at the top end underneath that wire? >> Uh, well, does it wind around there and go to that cross that's up there by a break? break? break? >> Yes, that's it. Starts right there. When we owned that property, we got it cleaned out a little, but not very far. >> And I think
   21:21  >> And I think >> Charlie was on it. He did it. >> I think Todd Henshaw did a little bit of work on it >> years ago. But there's a limitation as far as how much depth we can get gained because of Hmel. Hmel's got sediment in Hmel. So we can't go down to the original Hmel and go up to daughter, but we should be able to go up to and take out the high spots and at least relieve the problem areas. I don't know about digging the whole distance or if we need to hit it in a couple spots. So, won't know till I look at it,
   21:52  know till I look at it, but it's right up there where it's right north of where >> Brandy Kits. >> Brandy Kits is wanting to brush cut. And then Young's Linda and >> Tim. >> Yeah. They're requesting that I go up there when crops get off and take down trees out of their section, too. They've got close to a half a mile of the Hmel that they're wanting to spend money on. So time and investigation and we should be able to get
   22:22  be able to get >> We got to watch opening up the top end though. Don't wait for run. >> Yeah, that's why he recommended not doing anything on Hummel, which I'm okay with. If we There's I would say that Hummel there where he cleared the water to splash down through there. >> So there's got to be a lot of fall going down through Hummel. >> I just don't want to get a whole lot of blow down between Bo and Bethlehem and cause jams and flood out people. people. people. >> Okay. Yeah, I understand. I it's a lot of connections. Me and Richard were looking at a map this morning. There's a
   22:52  looking at a map this morning. There's a dozen or more people between Bo and Bethlehem that to notify to get permission to go through there and at least get a path where we can go in with back hose and at least pull log jams out. I mean going through there and cutting the past 40 foot 50 foot wide to dredge it I don't think is necessary as long as we get a path to get to the log jams. But >> and I don't have any issue with any of it as far as do you need about look at it and see if there's some high spots that can be taken out. Is that what you're thinking?
   23:22  what you're thinking? >> On a Yes, that would be my preference. So we can motion for Raymond. >> I'll move that Raymond investigate the daughter and see what it needs. >> So are you then going to check it at Humble to see if we can dredge the whole thing then or what what do you think? think? think? >> Not at the moment. No. Okay. I'd rather go down to the bottom end and get from the Bo to Bethlehem and get through there with a path. I don't know how much that's going to cost. Don't know what we're going to find. >> So, until you get that done, you're
   23:52  >> So, until you get that done, you're saying probably nothing on Dory then? >> No, we'll go look at it. >> We'll do the >> You'll do the dory? >> Yeah. >> But just the high spots, >> right? Just enough to get it relieved because whenever the humble does get dredged up through there, then the daughter will need dredged again. So, there's no need to dredge the whole thing now. >> Yeah. for the sediment back shut and then have to dig more out again. If we can if we can remove the tile, if you know where any of the tile are coming into the daughtery part of it, if you could specify that for me to look at, that would help my investigation cuz
   24:23  that would help my investigation cuz that's what I'm want. >> Yeah, I think the biggest issue is the top end there obviously cuz that's where >> at the south end of that kind of in the middle of the section that's pretty wet too from what the satellite showing. Okay. Seems like the water's not getting out of there. Just looks wet. That makes That's probably where the high spots at this one. >> All right, I got a motion. I need a second. second. second. >> Second. >> Got a second. All in favor sign by saying I. >> Is there a grassway where I can get along that or do I need to wait till >> uh you can all the way I probably
   24:54  >> uh you can all the way I probably I can't I don't know about all >> poop farms or North Park. >> Uh one side of it Henshaw, the other side's Pinkerton. I talked to both of them. them. them. >> Okay. I don't have an issue with it obviously, but >> it's not too bad. If >> it's not too bad in 100°, I'll walk up through there and look at it. >> Okay. I appreciate >> I don't want to walk it if it's 100 this this >> I made a motive. I can't do it. I'll make a motion. >> Second.
   25:24  >> Second. >> Okay. All in favor sign by saying >> I did it again. You stay. >> You got one stain. >> Come on, Richard. >> You want to do it again or you got it, Mary? Mary? Mary? >> I'm sorry. >> You got it. You want to do it again? >> No. Go. I got it. >> Other business drain public hearing.
   25:59  So we're continuing the public hearing reopening or continuing the public hearing from July 14th. Right. Good morning. Andy Baro, attorney with Bakery Drinker B and wreath. With me this morning is the project owner, Arthur Roden, our engineer from Kinley Moore and Eric Vobble. So continuing on, just to remind where we are, we are requesting under 3692734 subsection D the regulated drain vacation. Uh state law uh provides or allows you to issue an order vacating
   26:29  allows you to issue an order vacating the drain. So that's the end result of what we would like from your public hearing today. So in order to to vacate the highly drain, it requires you in order. So that would be the end action that we're asking for from you. Uh this is vacating all of the Heiml Lake south of the railroad uh along 650 Arthur. We have boards and I'll turn it over to Arthur of Broaden if there are any questions for me on the process. I appreciate you letting me know from the last public hearing. I did talk to your attorney Cal Persinger and we got those
   27:00  attorney Cal Persinger and we got those issues and questions resolved. Mary has our signed petition. There any others? He didn't have any other concerns or issues and I asked him to raise those for us so that we could address those in a public hearing which is what the public hearing is for. So I did reach out to Kyle and want to make sure that that's in the record. So we're on the record. I'll turn it over to Arthur. Arthur. So Arthur PRG um regarding your vacation and speaking with
   27:32  and speaking with >> sorry speak up. It's u speaking with uh Doug here the past couple weeks on this matter and I believe we have come to a resolution resolution resolution on the highlight. So I guess yeah I'll speak to that a little bit. So okay in your packet the two things we talked about the last meeting uh and and Arthur and I talked about another thing since and we'll we'll get talking about him but uh we talked about Jeff G being taken care of. You got you got this
   28:02  taken care of. You got you got this these papers in your packet? Y >> and this just the the that's the one pulling south. >> So Arthur and Jeff spoke uh and Jeff's out here too and he and I'd like for him just to confirm this, but uh Jeff sent this picture through an email of what him and Arthur tenally agreed on. Jeff, where you at? >> Right here. Yeah, a 10 monitor as a tenative agreed on uh to take
   28:32  as a tenative agreed on uh to take Jeff's water from going east to 69, take it south. This tile would stay on Jeff. There wouldn't be any cause for an easement or any other land owner permission. Um direct. Um yes. So that would satisfy Jeff and then we would turn it over to those two to figure out their dollar amount and how they're going to handle. >> Right. We kind of agreed on this. Is the dollar amount still in question? And I guess that's not finalized yet, >> but I think we we agree concept that
   29:03  >> but I think we we agree concept that >> Yes, we do. >> Once you attach to >> So, it's going to run to the uh >> what Jeff explained there's a two bar two owners down there. It's Gary >> to the south of approximately 2500 ft. It does cross two owners right before it is outleted on the south end. Okay. So, yeah, it's a good outlet. >> Yeah, >> it is a good outlet. Yes, they were actually out surveying it yesterday. Then they got rained out. It It is
   29:34  Then they got rained out. It It is workable. It does go through a pretty big hill, so it has a section of it's a pretty deep cut. They may have to put it in with an excavator instead of their wheel machine. Okay. But he said it was workable. workable. workable. >> You're satisfied? >> What's that? >> You'll be satisfied? >> Yes, I will be satisfied with that. >> Yeah. work. >> We get we get the you know work out on the money end of it. >> The other issue that Jeff and I spoke on the phone there's a homeowner there's
   30:05  the phone there's a homeowner there's two homes there. One home is east can drain east the other homeowner Rory Stanley and you correct me if I'm wrong that he would have the option to hook in your tile if he needed to come that way or where do you stand on that? >> He would have that option. It' be all at his expense. Obviously you'd have to cross a road. >> So that that option is there for him to get get get >> I mean it wouldn't be at my expense if >> right >> you know >> but that is an option.
   30:35  >> but that is an option. >> Yes. Okay. I just want to state it. So that that could be an option. >> His more natural drainage direction would be back north to the um long branch where it comes under the railroad. That would be the natural water. This is just >> Okay. So that in my mind satisfies Jeff >> on that. >> Yeah, we won't get that in a minute. Okay, we'll get that. the other Arthur uh and Raymond and I have talked about
   31:06  uh and Raymond and I have talked about and Jeff too at the northwest corner of the sheriff solar project is that name that's name correct is the long branch open ditch that comes underneath the railroad railroad railroad and the long branch tile that cuts through the corner that uh is on a present property that we have a legal easement through correct and and the first drawing or the only drawing I've seen that you sent to me that you gave to them back in December, right? >> Had solar panels over it.
   31:36  >> Had solar panels over it. >> So there's no solar panels on that because we're not we don't have any crossing on that area >> or fence across. Is this >> No, there should be. Do >> you have do you have an updated drawing? >> No, because what we had approved in December is what we have to adhere by. We weren't up in that area which is why it wasn't highlighted. >> So there's that talking about the other when the law branch comes down on Breal. So that's your jurisdictional setback there. And so we're avoiding that all together.
   32:10  >> Uh we'll pause. Why don't you explain a little bit to me? >> Sure. >> Cuz Graman, did you how did you seen the drawing? drawing? drawing? >> I thought the solar fields were going close to the open low max in that corner. corner. corner. >> Long branch. Sorry, too many L's. Long branch. Low long low back. Something low. where the long branch comes underneath the railroad. >> Yeah, it doesn't make sense to put anything over there cuz you have the long branch coming down and slicing that
   32:41  long branch coming down and slicing that corner off and you've got setbacks from nonparticipants that are already set back. So, it's not going to make sense to put anything in that area south east of there. Yes, >> you do have a long branch tile that does leave the ditch and runs >> southeast. That's what we're >> And that's what we're talking. And when I seen the map, it looked like the solar farm was over the top of that tile. The map I seen. >> Would you be okay with us identifying where that tile runs and get it marked
   33:11  where that tile runs and get it marked and clearly set back from? >> I mean, what's there currently? Because you guys have mapping in the GIS system currently, which is what we're working off of for pretty much everything here. I I found the the ends of it, but I haven't found the legal description right across there. Not close to the left foot. So, I don't know where the exact exact exact long branch tile easement is. I'm confident I can find it, but yeah. So, I
   33:43  confident I can find it, but yeah. So, I mean, at the end of the day, you guys have jurisdiction over the tile where it is. So, if you find something, then we'll have to accommodate that. >> You just have to set back from >> Correct. Okay. >> And speak on the head wall, the long branch. branch. branch. >> Speak on it. >> Well, just how far they got to stay off of it. >> We got to be 75 ft from the the long branch open tile. And then the long branch tile or the long branch open part 75 ft and the tile long branch 75 ft.
   34:15  75 ft and the tile long branch 75 ft. >> But the tile is 75 ft from center. >> Yeah. You got to be 75 ft each side. >> Yes. 75 ft on your each side of the tile. tile. tile. >> Yeah. I think the only on the open picture slightly different cuz the uh that top edge >> from the top edge of the bank. >> Correct. >> Yeah, I think we're on the same page here. here. here. >> Mhm. >> Okay. Yeah, we want to let you vote in there. there. there. >> So, you have you are going to make sure that happens. >> Yeah. >> Okay. Arth, stay right there. Yep. The other thing Arthur and I talked about is
   34:45  other thing Arthur and I talked about is um the long branch has no money in it. Uh the long branch we do have a public hearing happening. Is that right? >> Yeah. Two other. So Arthur and I have talked about um some them contributing to the long branch. I know Raymond has talked about in a meeting too and met you met with them Arthur and these guys and his group. Um, so, um, the number that Arthur and I talked about yesterday was 50,000 to put in a fund. But, and
   35:15  was 50,000 to put in a fund. But, and you know, change, it's a change of h or use, but the other thing they're asking for is to vacate the long or the Heimlick south of the railroad or south of the railroad. Yeah. Um, you know, where I stand, I I don't like vacating it, but but here's here's why I would vacate it is a we don't even have a tile in the >> in the easement. The tile that they found on the west side of 600 was cut
   35:48  found on the west side of 600 was cut off and cut into several or cut several times when that farm was ditched. So, it's nonfunctioning. >> Non-functioning. There's a utility pull through at the north end and then based on what Kim came up with um it seems to run along the the west side of the road and then dead ends of the block but none of it's functional. >> So where are you where do you you want to vacation we want some money. >> Yes to help to get the fund. Yeah, on
   36:19  >> Yes to help to get the fund. Yeah, on the vacation I think you know what we talked about was vacating the tile and legal description. Anything tied to the Heimlick south of the railroad because there was some ambiguity between what the county had mapping and what Raymond was able to determine um from the legal description. So anything pertaining to the Heimlick South the railroad would be looking to vacate here. And then on the donation in support of the the law branch, branch, branch, I'm happy with 50,000. Um what I would say there is you know based on the the
   36:50  say there is you know based on the the future assessments for drain tile whether it's the long branch open drain or the the browsburg or any other drain that is on area around the project that the the assessments would stay the same as they are now. agricultural class agricultural classification throughout the life of the NSA >> as as far as a acreage assessment not a
   37:20  >> as as far as a acreage assessment not a commercial assessment or other >> well I think that's what we're saying here right like want to keep it like I like I'm happy to make a donation here but don't want to come back and you guys you know reassessing this with >> a solar plant on it and you know sex toules the assessment which okay I want I was talking about another issue and Jason you and I talked about a little bit too um the way Jason has explained it Jason Miller has
   37:50  has explained it Jason Miller has explained it to me is our is and I'm not I this was interesting to me because I I've always assumed that a solar field would have more runoff than an a corn soybeans soybeans soybeans arth and I talked about yesterday Jason and I talked about previously ly and that is it's about equal runoff according to you guys. >> It's actually less if if you have u native plantings vegetation below the
   38:20  native plantings vegetation below the solar panels the runoff is actually less with solar panels than agricultural uh rowcrop runoff >> which makes sense. >> I mean once you explain it to me it did >> correct. >> It did make sense. Does the board understand that board? What do you think? >> Well, they're changing the use. When you put panels, you're changing the use, >> right? >> I What they put underneath will make a difference. difference. difference. >> You say will
   38:50  >> You say will >> Well, >> yeah. >> And your intention is to spread native. >> Yeah. Native vegetation modules. Correct. Correct. Correct. >> What's that? What is navy? >> So, usually there's a local NRDC office that'll be like native sea. >> Correct. >> I hope it's not thistles. grass. grass. grass. >> That's what I've seen a lot of times. >> Jason grass. >> Yes. >> And that's what the gas city reviewed on the storm water analysis. If they change from that, then they'll have to come back before us.
   39:27  >> Is there another question I got? >> Nashville. If you're going to keep them low or you're going to keep the And I know thistles, they grow everywhere. You got to keep them under control. We either mow it or spray it. >> Yeah. So this regular mower, we don't usually let it get above 18 in because that starts interfering modules. >> He said they don't let it get above 18 in because it starts interfering with the project. Okay. >> Project and need to get about 100 out there.
   40:01  >> They got a boat. >> Yeah. And you said they would right to point mow it. Yeah. Kenny said you got to mow it. There's regular maintenance on this project. I think there's a a hazard early. >> What else we cover? I think we covered about everything you and I talked about last month. >> Yeah, I think we're we're good at just the uh the donation and the corresponding assessment for those tiles, whether it's, you know, the long ranch, open ditch, the high link, North Railroad, Brford, and River Ditch.
   40:36  assessment. assessment. >> Yeah, the assess Yeah, the assessment >> which what is the assessment out there now? Uh what's what's the um I know it's zero, but what's the uh public hearing amount going to >> that's what I thought it was $10 to an hour. hour. hour. >> Does that make sense? >> We haven't have yet. >> No, no, we haven't. But we've had >> if you go into it, I think the amount still still still >> Have we had a motion to have the
   41:07  >> Have we had a motion to have the meeting? meeting? meeting? >> Yeah, I've got the notices ready to mail. >> So, the long branch notice is >> they're getting mailed Friday. >> $10 an is what it's going to be is what the public hearing is for. Yep. And I think we're we're fine with that as long as it stays at that number. >> We can't go more than 10. >> No. No. That's what we've got advertised. advertised. advertised. >> As long as we keep it the same category. I mean, >> correct. >> The the conversation had been before of
   41:37  >> The the conversation had been before of possible hard surface runoff or hard surface for the solar fields versus just plain agriculture. And what he's wanting is a commitment that will keep it agricultural assessment. >> But it sounds to me like if push comes up, they could prove that there's less runoff than agricultural ground. And >> yeah. >> Yeah. And that was okay. The dish stud that was done before this board back in December.
   42:08  >> Yeah. Yeah. So So So Jeff, you got anything? >> Yeah. Just I guess I just want a little clarity on um that we're the tile that will not change or run to the south as far as can I give your contractor a go ahead on that now? Do we need to wait till the cost exist? >> How will that be handled? And then as far as, you know, moneywise, how is that handled? Um, >> I just need a little clarity on how that all transpired.
   42:38  all transpired. >> That'd be a bylaw. >> Yeah, that between you and Arthur, I I think it's um >> Okay. >> You know, Arthur, we got some, like I said last minute, it's been a pleasure to talk to you through with this and so forth. And so I I think we've got to have some trust that you two are going to work it out. Um there is an issue, you know, Raymond, we have some trust in Raymond that he's going to be able to find the uh long branch legal description and you two are going to work it out and then go from there.
   43:08  there. there. >> Do you pay a legal an assessment on the long branch now? now? now? >> No, nobody does. >> Nobody does. >> I don't think so. >> He's on the highland. That's how he got involved. involved. involved. >> So if he switches his water the other way, he won't have a ditch sessment anymore. anymore. anymore. >> Right. Right. >> Because it'll be private drain sessment will go off of the high mon branch because his water will be going south south south >> somewhat. As Jeff mentioned earlier, the natural
   43:38  As Jeff mentioned earlier, the natural flow of that ground is towards the low long branch open under the railroad, but it's very little fall that direction. >> Mhm. If you guys would be willing to let him out of the assessment, I'm sure you could word that to where he'd be out of the assessment for long branch. >> Question. >> No, not a question. >> Not other than what I just had. You know, know, know, >> they're going to take it somewhere else. >> South
   44:09  >> South >> and then they'll have to pay bill some drain at your own size. It's that person or private private tile. There's no regulated ditch that direction. It's the river. river. river. >> They're taking it to a ravine off the river. >> Private tile. >> Okay. >> Yes. >> Can you understand? >> I got private tiles going in my ditches and I pay on the ditches. >> Well, his is going his >> his private tile will go clear the
   44:39  >> his private tile will go clear the river. river. river. >> Yeah. >> Okay. It won't go into another tile. Sal. >> Yeah. >> Okay. As long as they get worked out. >> You got questions for you. Good. You have questions? >> No, I'm good. >> Okay. I'm going to make a motion. Arthur, are you good? >> I'm good. >> Okay. Uh, concerning Heim drain, I'm going to make a motion
   45:09  going to make a motion um that the board vacate the Heimlick drain south of the railroad that the H easement and the tiles south of railroad upon upon upon uh what's the company's name that will be read in the check? of BR Solar Sheriff uh that BR Solar Sheriff contribute 50,000 to the Long Branch Fund that Raymond and Arthur come to agreement on the Long Branch
   45:40  come to agreement on the Long Branch easement easement easement and Jeff G and Arthur come to agree on >> All in favor say I. I motion carries. Thank you. >> Thank you guys. Thank you for your time. Appreciate it.
   46:13  Nobody dies in this. Somebody can take over if somebody dies in the process. Well, >> it's a 40-year agreement and I'm 43, so I'll be 83. So yeah, everything's worried about included on the crane on the proposal of a boat. The board determined that due to the pending litigation of all these matters related to to the project, it is in the best interest of the bank drain board to draw the contract award. At this time, the
   46:43  the contract award. At this time, the board may reconsider the project at any future contract award once the litigation has been resolved or otherwise determined in the program. So, you need a motion to reverse the vote through awarding at the end. >> Yes. I make a motion that we reverse the uh awarding of the contract for crane pond to John repair. Who got that?
   47:13  Who got that? >> No, this is We have to reverse this because it's in legal right now. So, we're reversing it, but we can wait until they get done with all the legal. >> Can you make a motion? >> Yeah, I I can. I made a motion. >> Okay. So, we need a second. >> Second. All in favor sign by saying I. >> All right. Motion carries. Okay. Uh, the only other thing we need to just address
   47:43  only other thing we need to just address real quick. I need to keep the board up to date on the Lumbbo. I know there's some land owners out here uh just to listen or if they want to speak up, but Kenny and I I kind of forget where the board where we're at on the addressing the board, but Kenny and I went to a meeting uh with probably 12 or 15 land owners a month ago uh on a Friday morning that Max Mills hosted um at his place. Uh they talked about uh how they will handle it. They were presented some
   48:13  will handle it. They were presented some tile sizes and numbers on how to do it. Um there was uh Steve Miller was there presenting about it and they asked some questions about just they want some clarification on some things. Um they I would I came out encouraged that would I came out encouraged that they are going to uh try to get it installed. I mean, I got some ways to go, but I I felt like the momentum was there to do it. Um, I know some I mean, would you guys agree, Eddie, you were there. Would you agree with that? Or or Steve, you were there.
   48:44  with that? Or or Steve, you were there. Um, one thing that was talked about and um, Angie Jarvis couldn't be here today, but I would like for her to come explain is and they talked about that meeting and I guess I'm just informing the board because it was I didn't know about it, but uh, there were some of them that want to pay up front if it goes through and there's some of them that want to pay over time. So the way Angie explained it to me was, you know, obviously the board has in the past has been able to assess everybody in the watershed
   49:14  in the watershed one fe I mean a fee over amount of time or like they did on the Elliot everybody paid up paid upfront. The other option that Angie u explained and I I've seen her in person we talked about again I want her to come explain to the board and we address the members or the ones at the meeting this way too. was that the board I don't think has ever done it this way, but Angie said we could if we want if it didn't get too complicated and then we wanted to. But let's say you
   49:45  and then we wanted to. But let's say you have four land owners and three of them want to pay upfront, but one of them wants to pay a certain amount over six years. So, the way Angie explained it to me or the way Corey explained it to me on the phone and Angie explained it to me in person was that the board can assess those three land owners a onetime fee. Bus said they're going to pay for six years on year one, a onetime fee to get the money in the fund to get the project started. Land owner four, they can assess them equally over
   50:17  four, they can assess them equally over a six-year period. So everybody pays the same amount and you can assess the different land owners different. Is that the way you guys understood it in the meeting and Steve? Okay. I want Angie to come explain that in person in the meeting meeting meeting >> just so we are all on the same page and that I didn't repeat it wrong or these guys took it wrong or one way or the other. So I think they're going to have you're going to have another meeting down the road sometime. Um I know Steve told me this morning he shot some grade and got some and more information on prices on it. I guess I
   50:48  information on prices on it. I guess I just want to let the board know where it was at so it didn't get be shocked to nobody or Go for it. >> Get up there. >> Go ahead Raymond. Go ahead. He's coming. >> So So the the fourth person's amount would get paid out of the general fund to cover it to get the project done. >> Would the fourth person in your scenario that didn't want to pay it up front that's going to make the sixyear payments their amount be taken out of the general fund to get the project? >> Well, I don't think so. I No, I don't think so. I think it's um No, I
   51:19  don't think so. I think it's um No, I think it's either somehow that has to be worked through. No, I don't think so. It would be in the fee. >> So, I mean, in that scenario, you would be a fourth short of the money. >> Yes, that's correct. >> Some one of the other three would have to come up with the amount. >> Yeah. And in no way, the general fund was committed to these guys, but the fund under the Lumbbo tile, they were told how much money's in there, >> and I forget how I worded it. I didn't that you that the board would have to prove it but the board could you know you could use that money or it was kind
   51:49  you could use that money or it was kind of loosely worded >> right well so we weren't committed but we were >> now there's some houses down in there in that lumbo or >> right >> a different name there are houses along uh 00 >> ninth street yes that's not been included in that you know at this point in time Uh the question is, you know, the we got together as a group and everyone there said they didn't commit
   52:19  everyone there said they didn't commit to pay their share up front, >> but then they weren't all there. >> What's that? >> They weren't all there. >> They weren't all Loretta. >> Well, wait a minute. Everyone that was there, but there were like four that were not there. >> Yeah. And there's I know three at least three that has not communicated back with Max about what you know they are willing to do. Uh and there was one wanted to know if they could pay it over a period of time. You know our question is if that's
   52:51  You know our question is if that's allowed and how it could be allowed uh for them to pay over a period of time. What happens if we have some in there that says we're not paying anything? What do we do? they just taken off the taxes and putting on the tax rule. >> I mean that's what you know what's what's going to happen there. >> Yeah. I think we need to um get some clarification on that cuz you know what how like you say if they don't want to pay and you do it privately and I think it's a gray area where the board can really I don't think the board
   53:21  board can really I don't think the board can really enforce anything if you do I don't know there's just a lot of questions to ask >> figure out do you do it the way you're taught taught taught but the four pay the three pay and the one don't and Then the county collects the money. If they don't pay it, goes on their tax rule. >> Well, if it's a if it's ran through the board, but if they do it privately, if they make it a private tile,
   53:51  they make it a private tile, >> I understand. >> Then I don't know if the board can't do anything. anything. anything. >> I don't think the board can do anything >> cuz if the board were to do it, I do believe it fall under a reconstruction and you'd have to have an engineer's plan and >> a lot more and more money involved. You know, the other thing that I know Kyle mentioned um and we talked about a little bit u is easements and we ran into it on the hind link over here is easements if the tile is moved at all. Is whether the board is going to the
   54:23  Is whether the board is going to the board would be interested in making the land owners that it goes through sign an agreement that hey we can move the easement. That title's going to happen to people with >> that that way. So we don't run into what we just ran into on the him leak that 100 years from now, 80 years from now when we're all gone. >> You got something over here and you got something over here. >> Yeah. >> You know, let's get this thing back to where the let's get the the legal description to match the drain so that it's recorded. And >> on the west end that
   54:54  >> on the west end that couple feet deep. >> He's talking about how deep it is and just where it's got to be moved. >> It's deep. Yeah. You want to talk talk about that? >> No, let's um Yeah. No, you're right. The tile does have to be moved. >> Yeah, because it's not deep. >> I did talk to a Wood Manzy from Gas City area and he's willing to present a price to the board to do such things as far as moving the easements and rewriting them.
   55:24  when you're talking you >> one they won't be able to move the easement until they're done with it and they petition us to take it as a county during we got a lot of work to do >> I got a question >> this these home for homeowners is anybody willing and thing to pick up the tab and get it done >> that's up to them >> I mean you're spending a lot of money and if you go to if they don't want to pay.
   55:54  you go to if they don't want to pay. I've done many times. I just pay it and get it sort of get it done. >> Yeah. >> You know, then I assume see that someone named and I'm assuming they want it done pick up the t. >> Yeah. The homeowners were not invited that meeting, >> right? They were not. >> Um but I know they have it. I don't know who all match went and seen. You know, Brett, I don't know if they went to the homeowners. I don't think they have, but um um um >> I think you have leverage on the homeowners with they have to have a
   56:25  homeowners with they have to have a outlet for their perimeter drain and that is going to be their outlet for their perimeter drains and none of them will be able to get a legal system without that. >> Yeah. They can't cut them off either. >> No. >> So I think they're I guess what I you know my goal was to just update the board on the discussions that were happening in the background. Um and and that these guys until they turn it over to the board have some homework to do and just answer them questions and and go from there. >> Okay.
   56:55  >> Okay. >> Does that Thank you, >> Steve. Just a couple words. >> Yeah. Come up here. You got anything else? Good. >> So, as was shared, yep, we did have a meeting at Max's place and it was very positive. um very encouraged by by everyone's support and and all. And so couple questions you've mentioned, Kenny about, you know, moving it. It uh it's less than 75 ft.
   57:27  less than 75 ft. I actually shot numbers yesterday. I have very very hardcore numbers and it is very attainable to have the is it is very attainable to have the cover cover cover in that in less than 75 ft away moving into the higher ground just a smidge >> when you get west of 13 I farmed down there >> you no >> I know this they this been 40 years ago >> and the county highway would come through and burn the road and we had an
   58:00  through and burn the road and we had an agreement with them to bring that dirt over and up on that ditch and that ditch is not when when it goes down to the creek it's not very deep. I don't care what you surveyed. >> I surveyed in the bottom of the creek and I I mean I have an elevation at the bottom of the creek >> up there where the hog barn was. was. was. >> I get through there that isn't very deep. You can tell me it is. >> Well, I'm the current one is not very deep, but the ele elevations are
   58:31  deep, but the ele elevations are elevations. And that part I can't lie or can't change. >> Well, if you got elevations, if you got roof roof roof >> Yeah, it's that that's 100 years 100 plus year old 19 18 95 or something. >> It's a very it's a very doable and very functional. functional. functional. Um Um Um >> there's a lot of water going >> rebuilding. You remember Steve Steve presented at the meeting
   59:02  the meeting eastwest of PL. >> Yeah. The other Yes. So >> well now half an idea. What are you talking about on the price of this thing? 10,000 or 10. >> They're still working through it. So, so the where it stands now is um the you correct me if I'm wrong, but uh Jeremy Warick from Springfield sent it to an engineer at Springfield >> and and that's and he's looking over. So, that that's where it stands right
   59:33  So, that that's where it stands right now. The other thing that um we need to discuss as a board, this Lumbbo drains into Taylor Creek. That's better. >> Off of Taylor Creek, there's a chute that comes out of an open ditch and whether the board would be willing to clean that uh with the Taylor Creek fund. >> Only went down to village house when we cleaned it before from north and wasn't clean. Delta to uh
 1:00:06  clean. Delta to uh N Street Mar >> 18. >> So down through there was clean >> down around Jeff's place. >> Yeah. >> Does your plans dump into that little prong off of Taylor Creek? Is that >> correct? Yeah. And it needs cleaned. But as as Doug is talking about, Taylor, I don't know what it looks like from Ninth Street and on down, but I know from Ninth Street and going up, there's there's little
 1:00:36  going up, there's there's little wigglies, grass bars in there, and there's some major slop offs in that thing. That's pretty bad. It needs some TLC. >> Well, one clean. >> Well, there there's there's money in the fun. We can address it at points. No. No. No. >> Yeah. >> What Doug is asking or what we were petitioning is that we take maintenance money from Taylor and clean that part and at least alleviate a little bit of money funds for the actual bumbo project
 1:01:07  money funds for the actual bumbo project so we don't have to. We've done that on other big ditches where the tributaries come in clean the tributary so many feet so the sediment in the tributaries not going into the main. That's not uncommon. >> There's trees that when you get up past 18, there's trees up there. Good. You guys, guys, guys, >> you got your board got any questions? Question. Question. Question. >> Yeah. >> How much What What was his They're working. >> They're They're working on that.
 1:01:37  >> They're They're working on that. >> This one individual wants to be on six years. years. years. >> Yeah. Or whatever. Yeah. >> They can work that out. I I don't think it's up to us to work it out. Right. >> They should work it out. It's going to be better private and they work it out. Me and maybe they pay a little more and get the money back. I I don't know. We don't want I don't think we want to put it in the >> They're going to have privately. >> They got to work it out.
 1:02:09  >> They got to work it out. >> And ain't involved. No, they're going to go. go. go. >> That's going to be done through the county because they're to get it all taxes. It has to be done through this. >> Yeah. Be put on taxes. >> Yeah. But but going to be up front. >> So I mean there's a lot of gray area. There's a lot of things they got to work out, but just want to bring the board up to date. What was >> I thought the Elliot dips money's off up front and we didn't we they paid in there and we paid the contract and then
 1:02:40  there and we paid the contract and then so forth that that way you don't get strung out. All right, I need a motion to adjurnn. >> So move. >> Second. >> All in favor say I. I.