Lake County Drainage Board Meeting - May 20, 2026

The Lake County Drainage Board met on May 20, 2026, at 9:00 AM in the Commissioners' Courtroom, with Chairman Michael C. Repay and members Jerry Tippy and Kyle W. Allen Sr. present. The meeting included a deferred hearing on a mutual drain petition, approval of multiple project payments, and a public comment regarding a proposed data center.

Consent Calendar

• Approved the agenda as amended (motion carried 3-0).
• Approved the minutes from the April 15, 2026 meeting (motion carried 3-0).
• No bids were opened.

Public Comments & Testimony

• Written public comment from Nick and Katie Horst of 350 East 181st Avenue, Cedar Lake, Indiana, was submitted and accepted into the record. The Horsts expressed concerns about the proposed Upland data center, which was on the agenda for the Planning Commission that evening. They cited potential impacts on their 81-acre property (55 acres woodland) including increased upstream flooding, water backup, drainage bottlenecks, reduced conveyance, excessive drainage acceleration, groundwater table reduction, decreased soil moisture retention, and floodplain changes. They noted that no drainage plans had been reviewed by the Drainage Board at this time.

Discussion Items

• Public Hearing Deferral (Agenda Item 3B – 134-04-26 Mutual Drain Petition): The advertised public hearing was recharacterized as a hearing on the issue for the parties involved (the petitioner and Lake County Highway). Kevin Warner, representing the petitioner, requested a deferral to allow time for settlement discussions, stating that proceeding to an order would escalate the matter. The Board discussed the propriety of deferring a public hearing; Chairman Repay expressed frustration that parties had waited until the hearing date to seek resolution. The Board agreed to defer the hearing to the next Drainage Board meeting on June 17, 2026, at 9:00 AM, with no re-advertisement required since only two parties were involved. The motion carried 3-0.
• Schererville Ditch Maintenance Project (Agenda Item 5D3): The Board approved a change order ($7,000) and Pay App #4 ($66,668.05) for Delta III. Discussion arose regarding the HOA's share of the cost (approximately $26,000). The HOA had not yet reimbursed the Board; the Board's attorney and the HOA's new counsel (Anderson & Anderson) were in correspondence. Board members expressed concern about the need for litigation to collect, but the Board voted to pay the contractor, with the expectation that the HOA would reimburse or face a lien on the properties. The motion to approve the change order and pay app carried 3-0.
• Fairgrounds Emergency Erosion Control (Agenda Item 7A3): The Board discussed two invoices from Erosion & Control Solutions, Inc. ($10,665.77 and $15,795.00) for emergency measures after fairground employees improperly moved fill from the Drainage Board's project, causing sediment runoff into Venture Lake. The Fair Board committed to reimbursing 50% of the costs. The Board approved the invoices (motion carried 3-0).
• Hanover Ditch Update: The Drainage Administrator reported that the U.S. Army Corps of Engineers (R4) had determined that a federal permit would not be required for the project, saving approximately $3 million in mitigation costs. The aim is to present options to the Board in July.

Key Outcomes

• Deferred the mutual drain petition hearing to June 17, 2026, at 9:00 AM.
• Approved final payment to Austgen Equipment for Hart Ditch Stabilization: $230,495.81 (motion carried 3-0).
• Approved change order and Pay App #4 for Schererville Ditch: $7,000 + $66,668.05 (motion carried 3-0).
• Approved pay application for Beaver Dam Lat 14 (LC Fairgrounds): $206,216.80 (motion carried 3-0).
• Approved invoice for Juvenile Detention Center Restoration: $104,795.18 (motion carried 3-0).
• Approved two invoices for Fairgrounds emergency erosion control: $10,665.77 and $15,795.00 (motion carried 3-0).
• Approved payment to Tom Larson for beaver removal and dam removal at Johnson Ditch: $800.00 (motion carried 3-0).
• Approved permit applications: 507-05-26-I-III (McConnell Ditch – NIPSCO pole replacement) and 509-05-26-I-III (Key Parts Ditch – culvert replacement) (motions carried 3-0).
• Accepted written public comment into the record.
• Next meeting scheduled for June 17, 2026, at 8:00 AM (Advisory Committee) and 9:00 AM (Drainage Board) in the Commissioners' Courtroom.