OCTOBER 25, 2000

1: 00 P.M.






Chairman Dave Rector opened meeting of October 25, 2000 Drainage Board. The first order of business was the approval of minutes of October 11, 2000. Commissioner Barr made motion to approve. Commissioner Pike seconded the motion. Motion carried 3-0.



MEMBERS PRESENT:†††††††††† Dave Rector, Chairman; Jack Pike, Vice-Chairman:

††††††††††††††††††††††††††††††††††††††††††††††† Larry Barr, Secretary; Don Ashley, Attorney for

††††††††††††††††††††††††††††††††††††††††††††††† Board and Mike Irvin, Surveyor.




ALSO PRESENT:†††††††††††††††††† Donald Wade, Allen Mosbey, W.C. Bussing, Bruce

††††††††††††††††††††††††††††††††††††††††††††††† Biggerstaff, Danny Ubelhor, James E. Morley, Ralph

††††††††††††††††††††††††††††††††††††††††††††††† Blake and Sherri Phillips.







MIKE IRVIN: Schnepper was bid 5-8-2000 and got lost in the shuffle. Mike read Specs:

Remove siltationfrom flow line and clear the channel to average even width. Install 2/1í slopes on both banks of the ditch. Removed brush and or debris shall be piled in cleared areas not more than 75 feet from the top of bank for burning. All brush piles shall be thoroughly burned. Any unburned root wads or debris shall be buried with not less than 2 and Ĺ cover, with the bury area to be thoroughly compacted by the contractorís machinery. The contractor shall seed all disturbed banks at the end of each day of bank construction. Seed will be furnished by the Warrick County Surveyors Office. All excavated spoils shall be leveled to a uniform height of 6 ď or less. All lateral drains shall be open at project completion. All work will be subject to the approval of the Warrick County Surveyor.

Work shall be performed in the areas as shown on the attached map. From Franz Road East and thence North to the culvert inlet at the farm access lane, behind Edward Franzís property. Total length is approx. 3,200 feet.

COMMISSIONER PIKE: I didnít really hear it, but I want to ask a question, Did you say work on both sides of the ditch and does that say that?

MIKE: Install a 2/1 slope on both banks of the ditch. What your getting at is, that is the typical way they read. The map also shows both sides. The first quote we have is from Warrick Excavating. The quote is for $4,000.00

The second one is from Jerry Aigner Construction and his quote is $4,576.00.

Commissioner Barr made motion to accept Warrick Excavating quote of $4,000.00.

Commissioner Pike 2nd.Motion carries 3-0.






Mike Irvin stated that there has been a difference of opinion on how the specs read down on Fisher-Hugel.( Mike shows Board copy of specs) as you can see it says basically the same thing I just read in the other specs to slope banks on both sides of the ditch. We have a disagreement that if indicated only one side and the operator could move side to side as he saw the need to do so. Under his understanding of the specs he says he is done with the exception of burning, cleaning up and leveling his spoils. We donít agree. There is approximately a 1000 feet of ditch bank that wasnít cleared a right-of-way on, he did slope the bank from the opposite side, but he didnít clear the right-of-way. Thatís become an issue. The Northern bank he cleared a maintenance trail like we do, but didnít have it cleaned up as yet. Based upon what he understands the specs to be, weíve inspected it roughly for approval and the way it sits today the job is not complete. I tried to talk with him and Iíve reached an impasse.

COMMISSIONER RECTOR: He thinks heís done and your saying heís not, is that correct?

MIKE: We both agree he has to clean up and level the spoils, but in essence yes, your statement is correct.

COMMISSIONER RECTOR: You think he still has footage to clear?

MIKE: Yes, total length of the project is 3000 feet, both sides.

Commissioner Rector asked Don Ashley if he had looked at this?

Don stated that he had discussed it with Mike.

Commissioner Rector asked if the specs were clear enough that a contractor could follow them?

Don said that was the problem, Mike says yes, Mr. Aigner has a different opinion. I would suggest that Mr. Aigner be asked to appear before the Board. Mike has indicated to me as he has to you that the job is not completed according to the specifications.

Mike pointed out that the specifications that were just accepted were written the same way and the contractor understood that it meant both sides.

Commissioner Rector stated that he thought Mr. Ashley had a good suggestion to come to the Board and explain why he doesnít understand it and why he thinks heís complete.

Commissioner Barr agreed that Mr. Aigner should come before the Board and try to get it worked out.







Mike stated that Allen Mosbey has asked that we clean it, he is getting ready to put in filter strips along the ditch bank and he would like it straightened up and cleaned before he did that. We are looking up names and getting it ready to bid.

Commissioner Barr made motion to take bids on Gardner Webb ditch. Commissioner Pike seconded the motion. Motion carried 3-0.


Mr. Don Wade asked that Fisher Hugel be brought back for discussion.



Mr. Wade stated that he and his brother owned land on Fisher-Hugel Ditch. They were not notified of the cleaning, so they did not have an opportunity to get any of the timber. He wants to know what the County is going to do about his timber or his part of it.

Mike Irvin said that he had explained this many times in detail. His name is not in the plat book, Jeff Wade is. We realized that there was a blank property in there that didnít have a name on it, Still doesnít have a name on it. We notified Jeff Wade, it was common knowledge that Wade owned a lot of ground in that area and right next to the parcel that did not have a name on it. So I sent it to Jeff Wad


Commissioner Rector asked Mr. Wade if he wanted some of the timber for firewood?

Mr. Wade answered that he was just askingÖÖÖ He stated that Jeff Wade had nothing to do with him or the land that he owns and the letter that Jeff received, he had no knowledge of. But does the County care about any part of what we have lost in timber or firewood or is it just over.

Commissioner Rector asked Mr. Wade what he expected from the County?

Mr. Wade said he didnít know, they had a pile of logs that the logger piled up there and he was going to pay the contractor his part, Mr. Holder said that the County probably owes Mr. Wade for the timber. But now the contractor says the logs are not worth anything and they are on the burn pile. I donít think itís right.

Mike Irvin stated that he offered Mr. Wade many times to get with him and show him the timber he wanted to keep and Mr. Wade did not make any effort to do that.

Mr. Wade: It's too late to keep it, itís dozed into a pile.

Mike: You were complaining about logs for firewood and I offered to go down there with you when you first came in the meeting or to my office the day after the contractor started. I told you I would personally go down there for you to show me what you wanted.

MR. WADE: At that time the man had the logs sold. You cannot get firewood out of a dirt pile.

MIKE: I just wanted to point out to the Board that this has been offered since the day he came in and nothing has been said to us about doing anything.

MR. WADE: If I had been notified you wouldnít have had to say anything, I would have taken care of myself. Tax papers get sent to me every year.

MIKE: But have you contacted the Auditor to correct this.

Commissioner Rector again asked Mr. Wade what he expected from this for the Board to be able to address it.



Mr. Wade said he thought the Board should tell him what he should expect. You didnít bother to tell me you were going to get on my ground. So why canít you tell me what you think I ought to be entitled to? Should I go down there and dig those logs out of a dirt pile?

Mike stated again that his name is not on the Auditorís plat book and still isnít.

DON ASHLEY:I think he should submit a claim for the consideration to the Board.

MR. WADE: How do I go about getting this claim? The man says there is a $1000.00 worth of logs in that pile and I agreed that whatever that logger paid that man for the logs would be fine with me. But the next day, theyíre going to burn them cause theyíre not worth anything. I think Somebodys trying to pull the wool over my eyes.

MR. ASHLEY: I donít know how this Board can act upon the matter that your bringing up unless you submit a claim so that they can see what the basis of the claim is.

MR. WADE: Iíve been to the Surveyorís Office, the Commissioners Office, Iíve asked if there is a claim file that I could make this is the first time anybody had ever said anything about any kind of legal document.

MR. ASHLEY: Weíll furnish you withÖÖÖ.

MIKE: You never asked me about any legal information about claims.

MR. WADE: I asked Mr. Holder if there was a paper I could file on this and he didnít think there was any problemÖÖ

Commissioner Rector stated that he thought Mr. Ashleyís direction was correct that Mr. Wade should submit a claim.

MR. ASHLEY: Weíll furnish you with a form.

MIKE: He will have to submit a bill and it will be attached to a claim.

MR. ASHLEY: I understood his problem to be that he didnít know what form to submit.

COMMISSIONER BARR: Before I would be interested in anything there needs to be a letter attached to your bill from someone with credibility. I donít doubt your credibility, but I donít think your in the timber business and I know Iím not.

MR. WADE: Iíve called timber companies and theyíre not interested in my problem. If they arenít going to make any money.

Mike Irvin suggested contacting the forestry service to determine value of logs.

MR. WADE: Another question, when you say 30 feet or no more then 75 foot clean, do you wipe everything out, is that the standard?

COMMISSIONER RECTOR: It varies by the specifications he has written for the ditch.

In general we try to save big healthy trees.

MR. WADE: My side of the ditch is clear, on the other side there are still a lot of trees

And I agree with Mike that Aigner is not finished yet. All my trees are wasted if the other side is not also cleaned.

COMMISSIONER RECTOR: As you heard earlier, there is a dispute over whether Aigner completed the job or not. Mr. Aigner is going to come before the Board at our next meeting and explain to us why he thinks he is finished.








JIM MORLEY, JR.: Iím with Morley and Associates . Iím the design engineer for Charlestown Square. I believe we are going to discuss 3 topics.

MIKE IRVIN: On lot 27 in Charlestown Square Section 1 the lot frontage is on a regulated drain. What they have asked for is a consensus from the Board that itís possible for them to put a drive way over the legal drain after they submit their commercial drive-way request and the Drainage Board approves the crossing. Everything is properly sized.

MR. MORLEY: We also submitted a Hold Harmless agreement between Charlestown Square LLC. And its successors and interests holding harmless the County Surveyor Office for the ability to park, store and fence up within 30 feet of the top of bank to allow the lots that are along the ditch to use more of that ground, instead of going thru a relaxation of that right of entry. Weíre just asking to use some of that ground with a Hold Harmless agreement stating that if thru some means of maintenance of the ditch something were to be damaged they would hold the Warrick County Surveyorís Office Hold Harmless.

COMMISSIONER RECTOR: You would be maintaining the ditch?

MR. MORLEY: No, its still under Warrick County Drainage Boardís maintenance, this is just saying that if weíre allowed. Mike had said that other businesses have this agreement.

MIKE: They acknowledged that they are within the right-of-way and they acknowledge that some of their items will be in the right-of-way and might be susceptible to damage. I see nothing wrong with it.

COMMISSIONER PIKE: We would maintain the ditch and all you do is 30 feet?

MIKE: I think you would have to have a motion to accept it and they will have to sign the Hold Harmless.

Commissioner Pike repeated his question.

COMMISSIONER RECTOR: No, we would still have the 75 feet, they are just asking to be able to set things within 30 feet of Right-of-way.

MIKE: This is following the same policy we have had for the past 8 years.

Commissioner Pike asked Mike if he agreed with it. Mike answered yes.

COMMISSIONER BARR: I make a motion we approve.

COMMISSIONER RECTOR: Motion by Larry to approve the Hold Harmless for relaxation of 30 feet, is there a second? Iíll second. Discussion? All in favor2 ayes opposed 1 (Pike) Motion carries 2-1.

MR. MORLEY: The last issue from last week is, we have a sanitary sewer crossing for Charlestown Square Section 2, which is on the other side of the ditch. Whenever that happens they will need to extent a sanitary sewer, a line underneath the ditch to access that piece of property and it was brought up last week. We want to get it on the record that it is for Section 2 and any kind of Hold Harmless agreement that needs to be worked out. We have already started talks with Evansville Water & Sewer utilities with a Hold

Harmless agreement. Section 1 does not need this, its on a different infrastructure. We just need a clarification that we can go ahead and record it. When it comes time to record Section 2 is when any kind of crossing the ditch needs to be addressed.

MIKE: I think the Planning Commissionís concern is Section 1 is about to be secondary and we have an easement across our regulated drain and they just wanted to be certain that the Warrick County Drainage Board acknowledged and accepted that easement across theyíre regulated drain easement.

Commissioner Rector asked Sherri Phillips if that was correct.

MRS. PHILLIPS: They have to agree that no construction will take place in the drain until the agreement is signed.

MIKE: The pipe wonít be placedÖÖ..

It was agreed that they didnít need a pipe in place just the easement. Mike agreed because of the time constraints with them getting Number 1 done, I agreed to accept the Hold Harmless when 2 came in and the sanitary line was going to be necessary to install.

Commissioner Rector asked if it didnít have to be put in so far under the ditch?

MR. MORLEY: Itís designed for minimum clearance of 3 feet which is required by code and neither man hole on either side is inside the right of entry, they sit outside so the only thing in the right of entry is a pipe that at itís shallowest point is 3 feet beneath the existing flow line of the ditch. The chances of the pipe ever coming into play are slim and none. We have already started talks with Evansville Utility.

COMMISSIONER BARR: What do you need from us right now?

MR. MORLEY: Just to tell me itís ok to record.

COMMISSIONER RECTOR: An acknowledgment of the easement.

MIKE: For future purpose and he will bring in a Hold Harmless when heís ready to cross.

COMMISSIONER RECTOR: I make a motion we approve the Public utility easement for Section 1 Charlestown Square for extension into Section 2 when the Hold Harmless is recorded.

Commissioner Barr seconded.

All in favor 3 ayes opposed? None Motion carries 3-0.





MIKE IRVIN: Directly West of Rabbit Run and South meeting the Southwest corner of Rabbit Runís Subdivision they are building another subdivision and they are needing permission to install a sewer line running up to that property on the West side of Sprengel


Commissioner Rector stated he saw no problem as long as the depth was ok and the Hold Harmless was signed.

Mike stated that the manholes were going to be underground. He saw no reason why this shouldnít be allowed. They will sign a Hold Harmless.

Commissioner Rector made motion to approve the crossing of Sprengel Ditch with the signed Hold Harmless and meeting the Drainage Boardís requirements for the crossing.

Commissioner Barr seconded. 3 ayesoppose nonemotion carries 3-0.



Commissioner Barr made motion to approve claims seconded by Commissioner Pike.

3 ayesopposed nonemotion carries 3-0.


Don Ashley †††††††††††††††† $266.66

D. Rector†††††††††††††††††††† $100.00

J. Pike††††††††††††††††††††††††† $100.00

L. Barr†††††††††††††††††††††††† $100.00

Evansville Blueprt ††††††† $42.10

Walmart†††††††††††††††††††††† $21.44





Scott Holder made inspection report on work of Sprengel Ditch done by Warrick Excavating. He stated that there seemed to be a blockage from somewhere, he located a massive amount of concrete that has been dumpedand obstructing the drain. Weíll have to remove it or find out who did it and have them pay to remove it.

Mike stated that we would probably have to send a piece of equipment and hope it can remove it in one piece.


Commissioner Barr made motion to recess, seconded by Commissioner Rector. Motion carried 3-0.