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Before the Kosciusko County Drainage Board will approve a reconstruction of a drain, there are two considerations the board must answer.
First, is the drainage problem big enough to warrant a reconstruction? Secondly, how big of a share does each property owner pay for the reconstruction that will be fair?
Thursday, the board struggled to answer those two questions over the proposed Armey Ditch reconstruction. The final answer from the board was to continue the hearing on the reconstruction to November and refigure the proposed assessments.
The reconstruction, if approved, begins in Paddlebrook Pond subdivision, south of Nappanee, and would travel south to Ind. 19. According to county surveyor Dick Kemper, the estimated cost for the proposed solution is $53,277.60. The drain is county regulated but is undersized. The assessment rates initially proposed for the reconstruction include $270 per acre for agricultural land, $450 for residential and $749.32 for roads and streets.
Tim Rock, one of the 12 petitioners for the reconstruction, said he wants the reconstruction because of flooding. In the last year, he said, his property was flooded seven times. "It's hard to explain to anyone how much water comes in," he said.
While Robert Hepler said he won't argue that the flooding problem doesn't need fixed, he said the flooding problem was known before the Paddlebrook Pond subdivision was developed in 1986. The county knew it and developer Roger Buss knew it when it was rezoned from agricultural to residential development. There's been more of a runoff onto the land since the development was put into place.
"I'm not sure the problem doesn't come from the (development)," he said.
Rod Burkholder said he disagrees with "what's going on here." He said Buss never did what he was supposed to have done with the development "since day one." Now, he said, he can't understand why the county was even having the meeting to make the other property owners pay for the reconstruction when Buss should be paying for it. He also said he didn't think replacing the 12- to 15-inch tiles with 24-inch tiles would make any difference.
"I just don't think you're ever going to get it drained," he said.
"I don't feel as a landowner I should have to pay for (Buss') mistakes," said Todd Rhoades. "Neither should anyone else here. It's Roger's problem, not mine."
Kemper replied that when the subdivision was put in place in 1986, the county didn't have a storm water runoff ordinance or a technical committee to review all proposed subdivisions and plats as they do now. They can't go back and fix the past, they just have to deal with the present situation, he said.
Buss said he's tried many times to help alleviate the flooding problem but what he's done up to this point is about as much as he can do.
Sue Burkholder said if the proposed reconstruction is approved and everyone pays "thousands of dollars" but it doesn't work, "will everyone get their money back?"
Kemper said there are no guarantees and he wouldn't make a guarantee for any drain in the county.
Rock said the reconstruction will probably benefit him more than anyone else and he doesn't care if he has to pay more than anyone else. He just wants the problem alleviated as much as possible.
Buss said he feels for Hepler and how much of the assessment Hepler will have to pay (approximately $10,000), but a lot of the water comes from the town of Nappanee. Hepler agreed that the town is a big part of the problem.
The board then decided to continue the hearing until Nov. 21. The board will meet before then to refigure the reassessment rates for each property owner based on benefits versus costs.
Members of the drainage board are chairwoman Avis Gunter, Donald Goon, Dorris Harrold, Maurice McDaniel and Eldon Watkins. They meet at 9:30 a.m. on the fourth Thursday of every month.
