en-us https://www.intensedebate.com/users/634659 Comments by Truth? http://www.wsbt.com/news/local/53481147.html#IDComment31397262 Yes. We teach our children that there are natural consequences to their choices. Many people spend a great deal of time, money, and effort researching prospective builders and checking out prospective land for their home, one of the biggest purchases in their life. Others choose to put in less effort, time, and money prior to buying. It is a choice with natural consequences. Thu, 20 Aug 2009 23:04:04 +0000 http://www.wsbt.com/news/local/53481147.html#IDComment31397262 http://www.wsbt.com/news/local/53481147.html#IDComment31377411 More specifically, your "care" for neighbors and community seems narrow. It relates only to fellow Heather Lake residents and forgets: the man whose land receives the excess Lake water; the others in the neighborhood who themselves have paid thousands to fix water problems on their property by digging ponds, hiring EverDry, adding height to their houses etc.; the residents along Fenner Lane who have green pipes in their yards and drives; the people in the assessment area who have lost their jobs and can not afford to pay this unexpected assessment; as well as the farmers who you deprecate. You may be happy to give a charitable donation to your buddies in Heather Lake but do not require it of others. When did you realize Heather Lake was surrounded by farmland? The Developer knew in 2001 and to get it appoved he had to submit a plan to handle the natural flow of water but the plan was inadequate. Who should pay? P.S. It was the heirs of Mr. Dils who sold the land and not the farmer himself. Thu, 20 Aug 2009 20:19:05 +0000 http://www.wsbt.com/news/local/53481147.html#IDComment31377411 http://www.wsbt.com/news/local/53481147.html#IDComment31233909 The principle person who benefited financially from the Heather Lake Subdivision is the Developer. Residents of Heather Lake, however, did not pay the true expense for their lots to have adequate drainage. If the lots had been adequately prepared the price per lot would have been much higher. Now, they are being asked to pay a more realistic price. The County also benefits from Heather Lake through an increase in tax revenue. Surrounding landowners, especially farmers, do not benefit from the Lake and this water pumping experiment. Recall that this Subdivision came to a pre-existing neighborhood with many farms that had been continuously farmed since the 1830s. Subdivision residents tend only to cause local farmers problems, e.g., look at the nearby "No Trespassing" signs now on farmland because Subdivision residents tend to treat all land as their public park, snowmobiling, hunting etc. It sounds like you care about your own neighbors in the Subdivision but not about the surrounding farmers who could potentially be put out of business by these high assessments that would be totally unnecessary if the Subdivision had not been built. Wed, 19 Aug 2009 20:27:41 +0000 http://www.wsbt.com/news/local/53481147.html#IDComment31233909 http://www.wsbt.com/news/local/53481147.html#IDComment31152410 Does the unlucky farmer who has to accomodate the pipeline and all this extra water get any compensation from the County for essentially the taking of his land? The natural water flow of the Heather Lake water would not have been uphill toward his farm and the Woodward Ditch The current Heather Lake pipe dumps directly into the Woodward Ditch via Fenner Lane and then through the farmer's woods. Will the proposed pipeline follow the same path? Wed, 19 Aug 2009 03:31:54 +0000 http://www.wsbt.com/news/local/53481147.html#IDComment31152410 http://www.wsbt.com/news/local/53481147.html#IDComment31140789 GO TO YAHOO SEARCH AND TYPE IN "MILLER BUILDERS, INC. INDIANA LAWSUITS". The case of Smith versus Miller Builders, Inc. and others including the St. Joseph County Drainage Board pops up. Indiana Court of Appeals No. 71A03-0002-CV-0045. Smith sued Miller Builders because his house with a walkout basement flooded after heavy rains. He alleged that lots were put "in a natural drainage course" and that the "retention basins" were too small, insufficient capacity. Further, he claimed that there were "groundwater problems" despite classification as an "urban drain". Does this sound familiar? It should but it is not Heather Lake Subdivision. Smith, a resident of Sherwood Forest Subdivision, initially filed suit against Miller in 1995, many years prior to Heather Lake being built. The original complaint was filed in the St. Joseph County Court system. It is and was available to any potential Heaather Lake homebuyers. You do have to go to the Court to get a copy. However, Heather Lake residents' attorney has a copy since he was Smith's attorney too. Wed, 19 Aug 2009 00:25:06 +0000 http://www.wsbt.com/news/local/53481147.html#IDComment31140789 http://www.wsbt.com/news/local/53481147.html#IDComment31123023 LOOK TO THE SOUTH FOR INSPIRATION NOT BLAME. 1. Traditional homesteads like Dils' home and barn, Henry Rd. are built where there is good drainage. Early settlers had to be self-reliant. They understood soil type, water table, and natural drainage flow. Heather Lake contains many soil sand the water table varies. Certain lots in the Subdivision are not prone to water problems-do not look at it as one issue. 2. Landowners on Jackson, Inwood, and Ash Roads dug ponds that retain water. Planted crops and ponds hold a lot of water that never reaches Heather Lake. 3. Mr. Oberg on Apple Rd. had water in his basement when dug. He paid for remedies, raising his house and putting extra soil around. Real fixes for Heather Lake may include: filling in basements or increasing height above water level; moving the ill-fated home on Lot 99 to higher ground; draining Heather Lake so it functions as a genuine retention basin or increasing it size, if preferable. 4. Mr. Oberg and others from the South warned against the Heather Lake Subdivision. Pay attention to warnings from locals, Minutes, and a Plat that says "Flood Area." The enemy is not to the South. Tue, 18 Aug 2009 20:23:12 +0000 http://www.wsbt.com/news/local/53481147.html#IDComment31123023 http://www.wsbt.com/news/local/53481147.html#IDComment31113343 The County Surveyor, J. McNamara, clearly told you that the proposed pumping system will not solve the drainage problem for Heather Lake. The problem is the high water table in much of the Subdivision not the natural pre-existing drainage flow. The pump will only take out some water from the Lake after rains and shorten the time that water sits in the Lake. Draining the Lake and dedicating it to be a true drainage retention basin would help some too but it would not end the difficulty. Residents will continue to have problems because of the high water table. Tue, 18 Aug 2009 17:56:03 +0000 http://www.wsbt.com/news/local/53481147.html#IDComment31113343 http://www.wsbt.com/news/local/53481147.html#IDComment31106842 Read the minutes from the 11/11/2001 Area Plan Commision Public Hearing regarding Heather Lakes. It describes a pre-existing natural drainage flow toward Heather Lakes, namely, water runs down hill. The Subdivision would not have been approved by the Area Plan Commission unless the Developer took the natural flow of water into account. Water flowing downhill is not novel. The Developer needed to plan and prepare for natural drainage flow before building the Subdivision. The Subdivision came to this land; the land did not come to the Subdivision as a surprise. VanOsdal's Primary Plat and his Drainage Plan as well as Area Plan Commission Minutes, reports of other governmental bodies, soil maps, prior Miller Subdivision issues etc. provided prospective home buyers with a lot of information about probable water problems. WHY ARE YOU CONCENTRATING ON ASSESSING SURROUNDING LANDOWNERS FOR PRE-EXISTING DRAINAGE FLOW THAT WAS TO HAVE BEEN TAKEN CARE OF BY THE DEVELOPER? HOLDING YOUR DEVELOPER LIABLE FOR PROVIDING YOU WITH A HABITABLE DWELLING IS THE ISSUE. The other focus is just a diversion, pitting neighbor against neighbor. Tue, 18 Aug 2009 16:23:20 +0000 http://www.wsbt.com/news/local/53481147.html#IDComment31106842 http://www.wsbt.com/news/local/53481147.html#IDComment31100875 Plats for all Subdivisions are available from several sources including the Area Plan Commission, the Recorder of Deeds, and the County Surveyor. Also, take a look at the Sherwood Forest Subdivision, a Dennis Miller Development, that has had drainage problems and residents ended up filing a lawsuit. THE PRIMARY PROBLEMS ARE THE WATER LEVEL AND SOIL TYPE AT HEATHER LAKE. A Cluster Septic System was proposed as an alternative because of the way the soil percolates water and the high water table. From the outset, the Developer was trying to put patches and band-aids on land that was just not suitable for development as a large residential subdivision unless an incredible amount of money was spent. To have fully prepared the land, the Developer would have had to charge much more per lot. These plats and newspaper articles about other subdivisions are not hard to read and understand. Potential Subdivision buyers may be better off reading more about land they want to build homes on and their developer to-be. Then, less effort could be spent trying to get other people to pay for their water drainage problems. Tue, 18 Aug 2009 14:48:09 +0000 http://www.wsbt.com/news/local/53481147.html#IDComment31100875 http://www.wsbt.com/news/local/53481147.html#IDComment31071266 The Primary Plat for Heather Lake dated June 5, 2001 by Larry E. VanOsdol & Associates, South Bend, states that "THIS SUBDIVISION IS LOCATED IN AN AREA DESIGNATED AS A FLOOD AREA...." Further, the soil in many lots was not even suitable for conventional septic systems. On its face, the Plat seems to indicate likely drainage problems for homes being built on this land. This is a public document available to potential home buyers and the developer who commissioned it. The Plat was approved by the Area Plan Commission of St. Joseph County. Who failed to read? Tue, 18 Aug 2009 04:29:03 +0000 http://www.wsbt.com/news/local/53481147.html#IDComment31071266