MARCH 28, 2001

3:00 P.M.





MEMBERS PRESENT:                               Don Williams, President; Jack Pike,

                                                                        Secretary; Don Ashley, Attorney for

                                                                        Board; Karan Hargrave-Barnhill,




ALSO PRESENT:                                         Rod Madden, Deputy Surveyor; Steve

                                                                        Sherwood, Engineer; Ralph Blake





President Williams brought the meeting to order.

The first order of business was the approval of minutes from the previous meeting.


Commissioner Pike made a motion to approve the minutes of March 14, 2001, 2nd by President Williams. Motion carried 2-0.




Karan Hargrave-Barnhill, Surveyor stated that the 3 quotes that had been received were opened at the last meeting. She stated the quotes were from Ray Stradtner Excavating in the amount of $1,518.00 which did not include the removal of a slump at the Northeast corner of the bridge. The 2nd quote came from Warrick Excavating for the amount of $2,200.00 and the 3rd quote came from Jerry Aigner Construction for the amount of $2,450.00. She explained she reviewed the quotes and Ray Stradtner Excavating did not include the slump which was discussed in the field and we also sent out a revised specification sheet to all the contractors who were at the pre-bid meeting. Mr. Stradtner did not revise his quote, so her recommendation is for Warrick Excavation in the amount of $2,200.00


President Williams asked for a motion.


Commissioner Pike stated he would second it for discussion.


President Williams stated there had not been a motion made yet.


Commissioner Pike made a motion to accept the quote of Warrick Excavation for the amount of $2,200.00, 2nd by President Williams.


Commissioner Pike asked what we added to the specifications that Ray Stradtner would not do?


Karan answered that its not that he wouldn’t, what happened is that when we met on site there was discussion about removal of the slump at the corner of the bridge and the fact that there are utilities there. Mr. Stradtner was hesitant as to adding that in his bid because of the utilities being in the way and his fear of hitting it. She further stated that it is up to the contractor to contact the utilities and get the information as to where exactly the utility is. She stated that it was discussed at the site and it was left open as whether or not to include it in the quotes and it was decided that we would send out new specifications on the decision and they would send in their quote based on the new specs. She added that when Mr. Stradtner submitted his quote he had not included the removal of the slump.


Commissioner Pike asked if the others stayed the same in their quote?


Karan answered yes, the quotes are exactly the same as they came in before, nobody has revised anything.


Commissioner Pike stated that the only difference in the cost is the utilities.


Karan stated that was correct and explained that Mr. Stradtner probably did not want to deal with the utilities.


Motion was carried 2-0.





Mr. Ashley, Attorney for the Board stated that as he understood the situation the Southern Railway and Scales-Lipnight Ditch run parallel to each other. He further stated the trestle spans a County road ditch and the riprap which was placed in the County road ditch was to prevent the water from diverting down the County ditch to Seitz Ditch, is that correct?


Karan answered that was correct.


Mr. Ashley stated that this really wasn’t a drainage problem since it was not in the Scales-Lipnight regulated drain but was in the County ditch and the County would have every right to do whatever is necessary to protect the integrity of Two-Story Road and also their regulated drain.



Karan stated that actually it is at the intersection of where Scales-Lipnight and the roadside ditch come together. She further stated the riprap was placed at the intersection.


Commissioner Pike asked how much Right-of-Way does the railroad have? He asked if it was a 50-foot Right-of-Way?


Mr. Ashley stated that he did not know how much Right-of-Way the railroad has, but the County has the right to divert the water away from the County ditch and keep it within the confines of the regulated drain.


President Williams asked if this could be done by the County as just regular ditch maintenance?


Mr. Ashley answered the County has jurisdiction over road ditches, he also stated that he was under the impression the riprap was in the road ditch and that would have been a matter for the Commissioners. He further stated that even if the riprap is placed in the regulated drain, if it’s the opinion of the Drainage Board that’s what is necessary to promote proper drainage of the area the Board has every right to do that.


President Williams asked Mr. Ashley if the Board should contact the railroad and discuss this since the last time riprap was put in the ditch the railroad removed it?

The Board could advise the railroad as to why the riprap was placed there.


Mr. Ashley said he thought the Board should do this and give the railroad an explanation why the riprap is there.

This being a regular maintenance requirement it does not need a motion to proceed.




Karan stated this item was brought before the Board about 2 meetings ago by the County Engineer to discuss the possibility of making a lateral off of Summer-Pecka a legal drain due to drainage problems that are taking place in Summit Pointe Subdivision. The Board had asked Mr. Ashley to research it and he has since prepared a petition by the Board of Commissioners to petition a portion of that lateral to become a legal drain. She further stated that she believes it has to go before the Board of Commissioners for them to sign and make a motion at their meeting to petition the Drainage Board and County Surveyor’s Office to send out notices for Public Hearing. She added that Mr. Ashley has provided the petition.


Commissioner Pike made a motion to send the request to the Board of Commissioners for their approval, 2nd by President Williams. Motion carried 2-0.




Karan stated that at the last meeting Jim Morley, Jr. and Mr. Bosma were present, they are proposing a subdivision that borders Gardner-Webb ditch and they were asking for a relaxation of the legal drain Right-of-Entry from 75 feet to 50-feet. She further stated it was the wishes of the Board at that time to take it under advisement and have them come back and instead of asking for a reduction of the legal drain Right-of-Entry to instead ask for the public utility easements to be placed within the Right-of-Entry.


Mr. Morley has revised his request and has presented this to the Board in writing. Karan stated that everything seems to be in order and she asked the Board that if this request is granted they enter into a Hold Harmless Agreement, explaining this should be done before the secondary plat is recorded.


Commissioner Pike made a motion to table this request since there was no one to represent this item, 2nd by President Williams. Motion carried 2-0.





President Williams asked if there was anyone in the audience to represent this item.


Commissioner Pike made a motion to table since no one was at the meeting to represent this item, 2nd by President Williams. Motion carried 2-0.





Karan reported the Surveyor’s Office had received a call that there was a problem in Willow Pond Ditch at Pollack Avenue by the Newburgh Health Care Center. She further stated the apartment owner at the cul-de-sac at Morningside Drive and Willow Pond was complaining that the ditch was stopped up and he advised that with the first good rain the ditch would back up into the cul-de-sac and possibly into the apartment buildings. She explained he also indicated there was a contractor there working at Angel Mounds that was willing to come out and remove some of the dams to get it to flow so that it possibly wouldn’t flood.


Karan stated that she had called Mr. Ashley and he had informed her since it was an emergency situation that she should go ahead and have it done. The contractor was kind enough to do it at no cost to the County. Karan further stated that she had not been out to inspect it yet. The contractor was just going to pull them lose to get it to drain and this would just be a temporary fix. She stated that in the future she would like to try and get someone to chop down some of the trees and remove them from the legal drain and maybe the beavers will move on.


Commissioner Pike stated that the whole area needs to be mowed.


Karan stated that this is on her list of maintenance and construction that she would like to see done in the spring.


President Williams asked how big the tree population was in that area?


Karan answered that it was very heavily populated with trees and was told that there were probably about 10 beaver dams in that short span of ditch. Karan stated she just wanted to report on this.




Karan also reported that Mr. Guy Cornell wants to put a field entrance pipe across his two fields on McCool Ditch which is off of Yankeetown Road just South of Roeder Road. She further stated she had run a watershed and pulled out the pipe size that was laid at the time Yankeetown Road was paved from the Engineer’s records and it appears that there is a 101x62 pipe arch under the road. Karan also stated that the pipe he wants to put in the legal drain is close to the culvert that goes under the road. She explained that Mr. Cornell would like permission to place a pipe in there. Karan asked the Board if they would like to act on this now.


Commissioner Pike stated that he would like Mr. Cornell to come to the next meeting and present it to the Board.


President Williams asked if there could be a drawing for this so the Board could see what Mr. Cornell is suggesting.


Commissioner Pike stated since this was in a legal drain the Board needs to make sure the structure that is put in will not impede the flow.


President Williams asked the Board if there was anything further to come before the meeting, receiving no answer, he then asked the audience.


Mr. Ralph Blake, resident of Warrick County since 1959 stated that the Board’s dedication will never be criticized by him and he appreciates the Board’s deliberations on keeping an open mind on things down the road.




Commissioner Pike made a motion to pay the claims, 2nd by President Williams. Motion carried 2-0.


President Williams made motion to adjourn, 2nd by Commissioner Pike. Motion carried 2-0.






































Commissioner Pike made a motion to pay the claims, 2nd by President Williams. Motion carried 2-0.