Grant County drainage board approves Lomax mowing and limited spraying, adopts rates and tables Heimlich drain petition

The Grant County Drainage Board on July 14 voted to allow contractors to mow the Lomax open drain so spray crews can identify safe spray areas, approved limited spraying after mowing, adopted proposed assessment rates for the Lomax drain, and tabled a petition to vacate part of the Heimlich drain pending additional legal review and follow-up with affected landowners.

Board members authorized Kate’s Farms to mow the portions of the Lomax drain that can be mowed safely so the contractor (Right Away Management) can determine spray targets. A motion to allow mowing passed after a second and carried with one member recorded as abstaining. The board then approved a motion permitting Right Away Management to spray the mowed areas; that motion also carried with one abstention. Board members emphasized that Army Corps of Engineers and IDEM wetland flags will determine where work can proceed and that contractors must avoid flagged wetlands and spray drift into sensitive areas.

Homeowners and an HOA representative raised concerns during public comment about notification and about bees and chemical drift. Sarah Costello, who identified herself as the Heritage Village HOA president, asked that the board ensure residents are notified when spraying is planned and requested spray-product labels and clearer communication about which fund will pay for the work. Costello said corn stalks had previously contributed to blockages and asked the board to check drains after harvest. Lindsey Hamaker, a nearby resident who keeps bees, said she wants to receive the contractor’s licensing and product information and noted the contractor had told her he avoids spraying within 100 feet of beehives.

The board also held a public hearing on the Lomax open drain assessment. Staff read parcel and acreage totals and the proposed fee schedule and explained that state rules set a minimum four-year collection period for assessments; residents asked why the board holds a multi‑year reserve. With no sustained public objections the board moved to adopt the proposed assessment schedule and collection period; that motion carried with one abstention.

During a separate public hearing, attorney Andy Broker presented a petition on behalf of a developer seeking to vacate a portion of the Heimlich drain south of the railroad. Broker said the drained clay tile in that segment is nonfunctional, that the developer would meet Gas City drainage standards and would assume responsibility for maintaining drainage tied to the project, and cited Indiana Code (transcribed in the hearing as “36 9 27 35 subsection d”) as the vacation standard the petition addresses. Several farmers and landowners said vacating the drain could limit their ability to access and maintain private tile that currently drains roughly 200 acres, and asked the board to preserve options for downstream drainage or for rerouting if the vacation is approved.

Board members and staff expressed concern about private tile access and the need to verify petition paperwork and mapping. Legal counsel asked for time to review the petition and supporting documents. The board voted to table the Heimlich vacation petition pending legal review and additional verification and to schedule follow-up on the July 28 agenda.

In a separate petitioned hearing the board also considered Drain No. 600 (the Allard/Dollar drain), which covers parcels across Grant, Madison and Delaware counties. Staff presented proposed rate increases and acreage/parcel totals and noted prior dredging bids exceeded available funds. After public input about whether to begin dredging at the upstream or downstream end and about collection-period choices, the board voted to adopt the proposed rates to increase the fund’s annual assessment.

Other actions taken by the board included approving a contractor quote of $4,960.28 to crush and replace old tile on a Simon‑area parcel and routine approval of minutes and claims. The meeting was adjourned after the board completed public hearings and votes.

Votes at a glance - Motion to accept minutes and routine claims: carried. - Accept McCain quote to crush old tile ($4,960.28): carried. - Motion to allow Kate’s Farms to mow Lomax areas (so spray targets are clear): carried (1 abstention recorded). - Motion to permit Right Away Management to spray mowed areas of Lomax: carried (1 abstention recorded). - Adopt Lomax open drain assessment rates and 4‑year collection: carried (1 abstention recorded). - Table petition to vacate portion of the Heimlich drain for legal review and follow-up: carried. - Adopt proposed rates for Drain No. 600 (Allard/Dollar): carried.

What happens next Staff will circulate Corps/IDEM wetland maps and the contractor’s spray information to affected residents and will place follow‑up items, including the Heimlich petition, on the July 28 agenda for further review. The developer petitioners requested a July 28 placement and the board agreed to follow up after legal review.