By VICKI URBANIK

By a 3-2 vote Monday, the Porter County Drainage Board accepted a drainage plan for the proposed 241-lot Timberland Farms subdivision on Meridian Road in Liberty Township.

The plan calls for Damon Run, the main waterway in the area, to remain a non-regulated drain, with the Damon Run Conservancy District and the Timberland Farms Homeowner Association responsible for all stormwater maintenance.

However, also under the plan, the county drainage board would retain access rights to inspect the drainage system and to direct any improvements it deems necessary. If the required work isn’t done, the county could take action, including imposing drainage assessments without the possibility of remonstrance from Timberland Farms and even declaring Damon Run a regulated drain, making the drainage board responsible for the drainage.

The proposal was hashed out by Timberland Farms attorney Bill Ferngren, Drainge Board Attorney Clay Patton and County Surveyor Kevin Breitzke, in response to drainage board concerns about whether the board would be giving up too much of its authority over drainage in the area and whether the conservancy district could adequately handle the drainage.

Timberland Farms, proposed on 140 acres on both sides of Meridian Road north of U.S. 6 and south of C.R. 900N, comes before the Porter County Plan Commission for primary plat on Wednesday. The plan commission meets at 6:30 p.m. in the County Administration Center.

Drainage Board members Alan Hewitt and South Porter County Commissioner Carole Knoblock opposed the plan, saying that they think the county should declare Damon Run a regulated drain at the outset of the new subdivision, rather than depend on the conservancy district and homeowners association. Both noted that new subdivisions are being developed in the area, and Hewitt said it would be easier to get property owner approvals for the regulated drain now rather than later.

Hewitt said Damon Run is a vital drain for Liberty Township. He also said that at least two of the county commissioners have expressed support for establishing a regulated drain nearby, where the new Porter hospital is proposed at U.S. 6 and Ind. 49, and said that it would make sense to extend that drain to include more of Damon Run.

But Drainage Board President Dave Burrus said in order to become a regulated drain, the county would need to secure easements from at least 50 percent of the affected property owners, which is increasingly becoming unlikely. He also said that without assessments, the drainage board has no resources to maintain the drainage, while the Conservancy District does.

Similarly, drainage board member Karl Bauer cited past problems securing public approval for regulated drains. He called the proposal a win-win situation, saying that the drainage board isn’t giving up control over drainage in the area.

From the audience, Liberty Township resident JF Schrader questioned if the conservancy district does, in fact, have the resources to maintain drainage. Representing Timberland Farms, Mike Duffy of the Duneland Group noted that this will be the first year that the Damon Run Conservancy District has its own tax rate and will be able to collect property tax funds.

The motion by Bauer to keep Damon Run a non-regulated drain, but with the drainage board control as outlined in the plan, passed 3-2, with Bauer, Burrus, and Russ Pomeroy voting yes and Hewlett and Knoblock voting no.

After the vote, Hewitt raised other drainage concerns involving Timberland Farms and said he believes the drainage board has done a “disservice to the people of Porter County.” He said the subdivision will add more water to Damon Run during a two-year rain event, in violation of county ordinance. Kaiser disagreed. He said while more water will be added, it will be under a controlled release with detention ponds that do not currently exist. He said that during a two-year rain event, the water runoff will actually be reduced from the level it is now.

Posted 5/13/2008