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Minutes - December 4, 2019

NOBLE COUNTY PARKS AND RECREATION BOARD MINUTES OF THE DECEMBER 4, 2019 MEETING

Present: Scott Allen, Jeff Boyle, John Metzger, Jim Haddock, Doug Keenan.

Guests: State Senator Sue Glick; State Representative David Abbott; Matt Getts, KPC Media; Jed Pearson, Jon Owen.

The December 4, 2019 meeting of the Noble County Parks and Recreation Board was called to order by Acting President Scott Allen at 10:00 AM.

The Minutes of the October 23, 2019 meeting were approved as corrected.

Old Business:

IDNR Boat Launch Sites/Elkhart River Discussion: A very interesting and informative discussion was held on several issues involving the Elkhart River and Indiana waterways. Scott Allen shared with the group an update on the discussions on water trails and the Elkhart River up to this point. There are many questions that arise in terms of ownership and usage of Indiana lakes and rivers.

Representative David Abbott noted that the Elkhart River is considered a “natural waterway” and could not be used as a legal drain. Senator Sue Glick noted that obstructions have been ordered to be removed from the Elkhart River in the past. The Natural Resources Commission and the Indiana Department of Natural Resources have jurisdiction and determine designations for Indiana waterways.

Jim Haddock noted that the federal government makes determinations on waterways, and has determined that a “navigable waterway” is one in which vessels can float down the water. Jed Pearson noted that the only waterway in Indiana that has been determined to be “non-navigable” is the Saint Mary’s River. Most rivers in Indiana have no designation.

Jon Owen noted that property owners pay taxes on the land under the water, and therefore own the property that the water runs through. If someone touches the river banks, or the land under the river, are they technically trespassing on private property? John Metzger noted that he owns property that cannot drain properly due to the Elkhart River. John Metzger sees great value in the Elkhart as a beautiful canoeing and kayaking waterway, while also understanding the concerns of property owners along the Elkhart River.

So then, there is a conflict between property ownership and the public access to waterways. How do property rights and water usage rights mix together? Also, there are a number of different terms used with waterways, such as “scenic waterways,” “natural waterways,” “navigable waterways” which lack definition and rules for usage of these waterways.

Action Steps: Senator Glick and Representative Abbott will write an informal letter to the Natural Resources Commission for clarification on the issues that were brought up in discussion. The findings will be reported back to the Noble County Parks and Recreation Board.

Jeff Boyle moved that the Noble County Parks and Recreation Board table the pursuit of public access sites along the Elkhart River until there is clarification on the issues involved with the Elkhart River. Jim Haddock seconded and the motion carried.

Check the Northeast Indiana Water Trails Web Site – neiwatertrails.com.

Website: Scott Allen reported that the Website has been updated, and the information is current. Thank you to Scott for his work on the website

Open Position: County Councilman Jerry Jansen has been notified of Ray Scott’s resignation and the need for the County Council to fill this position. If possible, a person from the Rome City / Kendallville area would keep the geographical balance on the Board.

Also, Jim Haddock’s term is up, and he is willing to remain on the Board.

New Business:

Noble County Recreation Council: It was decided that another meeting of the Noble County Recreation Council should be held in March 2020. Scott Allen will work with Lori Gagen on the details.

Meeting adjourned at 11:35 AM.

Next meeting – January 22, 2020 at 10:00 AM.

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