WARRICK COUNTY DRAINAGE BOARD
NOVEMBER 22, 2000
1: 00 P. M.†††††
Chairman Dave Rector opened meeting of November 22, 2000. The first order of business was the approval of minutes of October 25, 2000. Commissioner Pike made
Motion to approve minutes, seconded by Commissioner Barr. Motion carries 3-0.
LEGAL HEARING: SEITZ DITCH
Hearing opened at 1:00 P.M.
Scott Holder asked if there was anyone in the audience for the hearing of Seitz Ditch.
Scott read specs:
Remove siltation and clear the channel to average even width. Remove any obstructions from the channel. Install 2/1í slopes on both banks of the ditch. Through wooded areas remove trees as necessary for bank construction and clear a 30í foot maintenance path parallel to the bank. Through wooded areas any overhanging or leaning trees on the bank opposite the working side shall be cut and removed so as to prevent future channel obstruction. Removed timber and debris shall be piled in cleared areas not more than 75í feet from the top of bank for burning. All burn areas shall have a minimum clear space of not less than 12í feet on all sides. Removed timber shall be cut into 6í to 10í foot sections before piling to insure better burning. All brush piles shall be thoroughly burned. Any unburned root-wads or debris shall be buried with not less than 2 Ĺí cover, with the bury areas to be thoroughly compacted by the contractorís machinery. All disturbed bank areas and the cleared R/W through the wooded areas shall be seeded by the contractor at the end of each day of bank construction. Seed will be furnished by the Warrick County Surveyorís Office. Through the agricultural areas all excavated spoils shall be leveled to a uniform height of 6Ē inches or less. Through the wooded areas all excavated spoils shall be leveled to accommodate farm machinery or light maintenance equipment and shall be disked or raked prior to seeding. 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 from the mouth at Otter Creek north to the outlet of the existing structure at Libbert Road for a distance of approx. 26.140í feet. Through wooded areas work shall be performed from the East side of the ditch.
Commissioner Rector asked for comments from the Board and the public. There were no comments. He asked for desire of the Board.
Public Hearing was closed at 1:07 P.M.
Commissioner Barr made motion to take bids on cleaning Seitz Ditch. Commissioner Pike seconded the motion. Motion carried 3-0.
LEGAL HEARING:†† ROBINSON DITCH
Hearing opened at 1:08 P.M.
Scott Holder read specifications:
Remove siltation and clear the channel to average even width. Remove any obstructions from the channel. Install 2/1í slopes on both banks of the ditch. Through wooded areas remove trees as necessary for bank construction and clear a 30í foot maintenance path parallel to the bank. Through wooded areas any overhanging or leaning trees on the bank opposite the working side shall be cut and removed so as to prevent future channel obstruction. Removed timber and debris shall be piled in cleared areas not more than 75í feet from the top of bank for burning. All burn areas shall have a minimum clear space of not less than 12í feet on all sides. Removed timber shall be cut into 6í to 1-Ď foot sections before piling to insure better burning. All brush piles shall be thoroughly burned. Any unburned root-wads or debris shall be buried with not less than 2 Ĺ cover, with the bury areas to be thoroughly compacted by the contractorís machinery. All disturbed bank areas and the cleared R/W through the wooded areas shall be seeded by the contractor at the end of each day of bank construction. Seed will be furnished by the Warrick County Surveyorís Office. Through the agricultural areas all excavated spoils shall be leveled to a uniform height of 6Ē or less. Through the wooded areas all excavated spoils shall be leveled to accommodate farm machinery or light maintenance equipment and shall be disked or raked prior to seeding. 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 from the mouth at Otter Creek north to the outlet of the existing structure at Libbert Road for a distance of approx. 26,140í feet. Through wooded areas work shall be performed from the East side of the ditch.
Commissioner Rector asked if there were any questions from the Board? Comments from the public?
Steve Springston came to podium and asked about limited tree removal. They would like the trees to be left.
SCOTT: I will word that in the specifications.
MR. SPRINGSTON: There is no problem with it right now, Iíve never known it to flood.
SCOTT: Actually, being on the extreme northern endÖÖ.I havenít walked the whole ditch, I had a request from the initial landowner. My boss asked me to go from 161 to I-64. My own personal feelings I have no problem stopping this at the woods if nobody has any objections to that.
COMMISSIONER BARR: So you donít think it needs to go through the woods?
SCOTT: No, I could walk through it and see if there are any logjams or anything.
Commissioner Rector asked if he was the northern most owner. Mr. Springston answered no and pointed out the other two owners. They also stated that they did not have any problems with the ditch. The owners said they didnít know who would have wanted it cleaned unless it was the oneís who live out of town.
Scott stated that he believed that was who it was, the people that lived out of town.
Commissioner Pike asked the landowners if they had any problem with the ditch as it is now. The owners stated they did not.
Scott stated that he believes that Gary Howard is the owner that made the request to have it cleaned. He has some zigzags and some saplings in his part of the ditch. He stated he did not have a problem with stopping it at the Springston property line.
Commissioner Rector asked what we are doing to determine what flooding we are having from that because of its condition.
Scott said he didnít think the problem was with flooding.
Mr. Springston stated that it was a zigzag, and that it was crooked.
COMMISSIONER PIKE: Every time we straighten a ditch out we have too much erosion.
Mr. Springston made a comment that some parts of the ditches were too big.
Commissioner Rector stated that maybe we need some more communication with the owner about this.
Commissioner Barr made a motion to table. Commissioner Pike seconded.
James Blount stated as one of the owners of the land that he does not have a problem with the ditch.
Kerry Weitkamp representing Genevieve Oxley Bruce, who is also one of the owners also stated there was not a problem with the ditch.
Public Hearing was closed at 1:00 P.M.
Motion to table was passed 3-0.
FISHER- HUGEL DITCH:
Scott told the Board members that they had been given a report from the District Forester on behalf of Mr. Wade.
Commissioner Rector asked Mr. Wade if he had any comments.
MR. WADE: I met with the forestry man on the timber thatís laying in a pile and this is timber that is cut up and piled that they were going to haul off. But for some reason Aigner decided that it wasnít good enough to haul off so he decided to burn it. There is quite a lot of ash in those piles, if he comes back in there with his equipment and I talked to Mike earlier and he said that if I wanted any of that firewood, they could cut off the root wads off and shake some of that stuff out. I canít get it the way it is. But I wouldnít mind getting some of that ash.
COMMISSIONER RECTOR: My understanding from the last meeting was for you to submit a claim to the County, what you thought was fair compensation.
MR. WADE: Thatís what Iíve done cash wise.
COMMISSIONER RECTOR: This is from a forestry service, Mike needs to help you file a claim to the County for what you feel you should be compensated for.
COMMISSIONER BARR: I do have a question, at the bottom the $212.00 were these trees that were taken out too?
MR. WADE: Yes, that was some of the ash lying on top of the pile that wasnít merchantable yet.
COMMISSIONER BARR: I donít have a problem because of the confusion that has happened with Mr. Wade. I donít have a problem with the top portion of the bill of $1,073.00. But I do have a problem with paying for something for future value, wait a minute, I misread this it says estimated present value. I donít have a problem with paying the entire bill.
COMMISSIONER RECTOR: Scott, are you assisting him with turning the bill in?
SCOTT: Yes, we will. I have one question, at this point and not only is it going to be a problem with this administration but itís going to be an on going problem coming into the spring. If you're compensated for the timber, is the firewood still an issue?
MR. WADE: I would like to have some of it. My whole family burns firewood for heat.
SCOTT: I will see what I can do, my primary concern is whether Iím here to carry this out or whoever inherits it. There are still piles on Mr. Tweedyís property also, we need to get that cleaned up before spring rains.
Mr. Wade stated that as of right now you canít get to it because it is all in standing water.
Mr. Evans came to the podium and gave some pictures of the Fisher-Hugel Ditch to the Board. He said he is totally disgusted with the work that was done. There is no way I can mow with all the debris and there is still debris down in the ditch. I want to know what is going to be done about it.
Scott stated that Aigner has promised Mr. Evans that he would fix all that so he could mow, I was just down there and it has not been done. The ditch in that area needs to be protected with rip-rap. Scott also stated that we have a hold on Aigner Constructionís payment at this time. I think that Mr. Aigner has an obligation to come back and clean up the mess.
Mr. Evans stated that he had asked Mr. Aigner to please remove the dead trees from his side of the ditch as he took the live ones from the other side, but as you can see by the pictures that this was not done.
SCOTT: No disrespect to anyone on this Board, but I have encouraged Mr. Wade that since weíre coming so close to a turn over here that this problem may need to be addressed to the next coming administration.
COMMISSIONER BARR: No problem, I make a motion we table it. Commissioner Rector seconded the motion. Motion carried 3-0.
COMMISSIONER BARR: The discussion was whether the contract spells out both sides of the ditch, what I read doesnít spell it out.
COMMISSIONER PIKE: We had a problem with another ditch, Fisher-Hugel wasnít cleaned on both sides. (It was stated that this was the same ditch.)
COMMISSIONER RECTOR: I thought Aigner was supposed to be here to discuss the job today.
It was also brought to the Boards attention that the logs were not cut to specs either; whole trees are in piles root wads and all.
COMMISSIONER BARR: That is the Surveyorís Office responsibility to notify this Board that the job is not being done as specs indicate. We have received no notification.
Scott stated that it just seems that some contractors just donít follow the specifications.
Commissioner Rector said they should all follow the specifications. He also asked if there wasnít a large disparity on this job.
SCOTT: Yes, there was and I sat at a table with these gentlemen and read the specs and explained them also. I also told them not to short change themselves because this was not going to be an easy job.
FISHER HUGEL CONT:
Ed Tweedy brought in some pictures to show the Board. (They were put in the file).
The pictures show piles that were taller than Mr. Tweedy. He stated that they didnít start this job until late October and it was muddy then.
COMMISSIONER BARR: I remember you coming to the meeting and saying that it was under water and it would be best not to start it at this time.
Scott stated that this job should have been started 30 days after it was bid. The land
Owners arenít happy with the work and the mess is going to have to be cleaned up. Whether itís Aigner or somebody else.
Mr. Tweedy said it would have to wait until the middle of summer because you canít get in there now.
Commissioner Rector asked why the brush piles had not been burned. Scott said that Mr. Wade requested that his not be burned until he could get someone in to give him an estimate on his logs, but I donít know why Mr. Tweedyís werenít burned. Scott also stated that he had a hold on the claim to pay Aigner Construction.
Commissioner Rector told Mr. Tweedy that the best he could offer was that for now they would table the payment of the claim until its corrected.
Mr. Tweedy also complained about the slope of the bank and that the contractor jumped the cleaning from one bank to the other. He also stated that some of the trees are gong to fall into the ditch.
Commissioner Pike asked Mr. Tweedy permission to keep the pictures. He agreed.
Commissioner Barr stated that if he remembers correctly the we, the Board accepted this bid without question and there was a substantial difference in the bidding. That should have been a red flag from the beginning.
Commissioner Pike said that they did question it, but was told that all had been at the pre-bid meeting and had all received the same information.
Commissioner Rector also stated that all had the written specifications.
Commissioner Barr said that the specs didnít read that it had to be cleaned on both sides.
Commissioner Pike said that it depended on how you read it. You could actually construe
it both ways, There is a little bit of a loophole there.
Scott Holder stated he had located at least 3 beaver dams, with one of them being a major sized dam. Two are between Pollack Avenue and Morningside Drive. There is also one under a private drive way culvert downstream south of Pollack. There may even be more.
Iím going to try and get waivers out for the landowners to sign. This is why the water is backed up to the Meadows apartment area.
Commissioner Rector asked if we didnít clean that this spring.
Scott answered that part of it was cleaned, the sassy bottoms part of it
Scott told of a major beaver dam that is holding back about 3 feet of water, its located at the outlet of the on ramp going up to I-164 off of SR 66 immediately south of ITT Tech.
Iím seeing a lot of pooled water in that ditch on the lower end, but I havenít located any dams there as of yet† Iím still in the process of trying to pin down what needs to come out of there. Mike informed me that there is a downed tree in the ditch.
Commissioner Barr made motion to recess, Commissioner Rector seconded. Motion carried 3-0.