MINUTES

WARRICK COUNTY DRAINAGE BOARD

REGULAR SESSION

MAY 22, 2002

3:00 P.M.

 

 

 

MEMBERS PRESENT:                       Don Williams, President; Carl Conner, Vice-President; Jack Pike, Secretary; Don Ashley, Attorney for Board; Karan Hargrave-Barnhill, Surveyor; Rod Madden, Deputy Surveyor; Deanna Frazier, Acting Secretary.

 

ALSO PRESENT:                               Robert Stone, Ralph Blake, Shane Clements, Jerry Aigner, Frank Naas, Bryan Diehl.

 

 

 

The first order of business was the approval of minutes from April 24, 2002.  Commissioner Conner made a motion to accept the minutes from April 24, 2002, 2nd by Commissioner Pike.  Motion carried, 3-0.

 

The next order of business was the approval of minutes from May 8, 2002.  Commissioner Conner made a motion to accept the minutes from May 8, 2002, 2nd by Commissioner Pike.  Motion carried, 3-0.

 

DETERMINATION AND DISCUSSION:

 

ESKEW ROAD FLAPGATE STRUCTURE AT CYPRESS CREEK:

 

Karan Hargrave-Barnhill, Surveyor stated that the farmers were at the last meeting requesting to put a structure in the roadside ditch at Eskew Road and Cypress Creek to keep the Cypress Creek Floodwater from coming back into the roadside ditch and flooding the road.  Karan further stated she had gotten together with Steve Sherwood, Engineer and he came up with prices for the individual items for the project.

 

Karan stated Steve has proposed a structure that would be 48-inch diameter; 40 feet long, 14-gauge pipe with a 48-inch flap gate with ag gate would be heavy duty and the best operational structure.  Karan further stated the total amount is $5738.20.

 

Karan stated she had received a quote from J & J Supply for a galvanized culvert, 40 feet in length with a flap gate that totaled $2657.40.  Karan further stated she had not received a spec sheet and does not know how heavy duty the pipe quoted by J & J Supply would be.

 

Karan stated she would recommend the Drainage Board consider Steve Sherwood’s recommendation to buy the heavy-duty Waterman flap gate and structure.

 

Robert Stone stated the creek is like a burst in an artery when three inches or more storm water comes through it washes out the gravel, road, banks, and fields.  Mr. Stone further stated this structure and flap gate would greatly help the property owners and the county.

 

Commissioner Williams asked for any questions from the Drainage Board.

 

Commissioner Conner moved the Drainage Board accept the proposal that was submitted by the County Engineer that does not exceed $6363.20.  Motion 2nd by Commissioner Pike.  Motion carried, 3-0.

 

OPEN QUOTES:

 

SPRENGEL DITCH:

 

Don Ashley, Attorney, opened quotes for Sprengel Ditch at this time.

 

Attorney Ashley stated the quotation for Sprengel Ditch submitted by Warrick Excavating Inc. is for a total of $3,995.

 

Attorney Ashley stated the quotation for Sprengel Ditch submitted by Ray Stradtner is for a total of $3,209.

 

Attorney Ashley stated the quotation for Sprengel Ditch submitted by Jerry Aigner Construction is for a total of $2,960.

 

Attorney Ashley stated the quotation for Sprengel Ditch submitted by Ruhe Drainage and Excavating is for a total of $3,163.

 

Commissioner Williams asked for a motion.

 

Commissioner Conner moved to accept the bid of $2,960 from Jerry Aigner Construction for the Sprengel Ditch project.  Motion 2nd by Commissioner Williams.  Motion carried.

 

POWERS DITCH:

 

Don Ashley, Attorney, opened quotes for Powers Ditch at this time.

 

Attorney Ashley stated the quotation for Powers Ditch submitted by Warrick Excavating Inc. is for a total of $14,092.

 

Attorney Ashley stated the quotation for Powers Ditch submitted by DG Construction is for a total of $21,000.

 

Attorney Ashley stated the quotation for Powers Ditch submitted by Ray Stradtner is for a total of $18,642.

 

Attorney Ashley stated the quotation for Powers Ditch submitted by Jerry Aigner Construction is for a total of $18,590.

 

Attorney Ashley stated the quotation for Powers Ditch submitted by Ruhe Drainage and Excavating is for a total of $14,030.

 

Commissioner Williams asked for a motion.

 

Commissioner Pike moved to accept the bid of $14,030 from Ruhe Drainage and Excavating for the Powers Ditch project.  Motion 2nd by Commissioner Conner.  Motion carried.

 

CONVENANT TO HOLD HARMLESS:

 

DIRK AND CATHY CAMPBELL – ELLISON DITCH:

 

Karan Hargrave-Barnhill stated Dirk and Cathy Campbell constructed an unattached open shelter building within the 75-foot Right of Entry without realizing they had to do anything.  Karan further stated she had contacted Mr. Campbell and he is willing to enter into a covenant to hold the County harmless if the County should have to do any construction and the building is damaged.

 

Karan stated Mr. Campbell has signed the standard covenant, it is in order and she recommended approval.

 

Commissioner Williams asked for any discussion.  There was none.

 

Commissioner Williams asked for a motion.

 

Commissioner Conner moved to accept the recommendation of the County Surveyor, Karan Hargrave-Barnhill, to accept the Covenant to Hold Harmless signed by Dirk and Cathy Campbell in regards to the right of way to Ellison Ditch.  Motion 2nd by Commissioner Pike.  Motion carried, 3-0.

 

DRAINAGE APPROVALS:

 

SUMMIT POINTE “E”:

 

Commissioner Williams stated a request for this to be tabled until the June 12, 2002 Drainage Board Meeting. 

Commissioner Williams moved to table Summit Pointe “E” until the next meeting.

 

Commissioner Conner asked if anyone was representing Summit Pointe “E”.

 

Shane Clements, Developer stated the Engineer has not given the documentation to Karan, therefore it can not be presented. 

 

Commissioner Conner asked Mr. Clements if he was sure the Engineer will submit the documentation before June 12, 2002.

 

Mr. Clements stated the Engineer had stated the documentation will be submitted.

 

Commissioner Conner stated if this is not prepared by June 12, 2002, it be removed from the agenda until documentation is prepared.

 

Mr. Clements stated he would call the Engineer.

 

Commissioner Williams asked for any other comments.

 

Commissioner Pike moved to table Summit Pointe “E” until June 12, 2002.  Motion 2nd by Commissioner Conner.  Motion carried, 3-0.

 

MOWING REQUESTS AND APPROVALS:

 

KELLY PRONG DITCH:

 

Karan stated the only quote received for this project was from Jerry Aigner.  Karan stated Bigge had also been contacted, however Bigge is currently busy with state projects and does not want to bid on these projects.

 

Karan stated Kelly Prong Ditch is 2251 lineal feet and the quote submitted by Jerry Aigner was for $1.47 a lineal foot for a total of $3,308.97.

 

Rod Madden stated he had spoken with Mr. Bigge on the telephone, and his primary work is with the State and he indicated to Rod he would not be able to return to this area for at least six to eight weeks.

 

Commissioner Williams asked for any other discussion.

 

Commissioner Williams asked for a motion.

 

Commissioner Conner asked if the Drainage Board could have the quote on Dennis Wagner Ditch at this time.

 

Karan stated the quote for Dennis Wagner Ditch submitted by Jerry Aigner is for 2702 lineal feet at $2.05 per foot for a total of $5,539.10.

 

Commissioner Conner asked why there is a price difference per foot for the same type of work on two different projects.

 

Karan stated the amount of trees that are to be removed and the type of brush.

 

Commissioner Conner asked for confirmation that there is more cleaning up to be done at the Dennis Wagner Ditch than at Kelly Prong Ditch.

 

Karan confirmed.  Jerry Aigner stated the trees are bigger at Dennis Wagner Ditch.

 

Commissioner Williams asked for any other discussion.

 

Commissioner Williams asked for a motion.

 

Commissioner Conner moved to approve the mowing for Kelly Prong Ditch and Dennis Wagner Ditch for the prices that were quoted to the Drainage Board by Jerry Aigner of $3,308.97 for Kelly Prong Ditch and $5,539.10 for Dennis Wagner Ditch.  Motion 2nd by Commissioner Pike.  Motion carried, 3-0.

 

OTHER BUSINESS:

 

TANGLEWOOD DITCH:

 

Karan stated she would update the Drainage Board on what has been going on with the problem at Tanglewood Ditch since the May 8, 2002 meeting.  Karan further stated she was called out to look at the problem during the heavy rainfall and helped load sandbags to protect a garage from flooding. 

 

Karan stated Carl then immediately contacted the Highway Department to have them assist in anyway they could.  Karan explained that there was an attempt made to try to flush out the inlets but there was a large obstruction in the cul-de-sac and it could not be removed.  Karan further stated the Highway Department started digging at the approximate location of the obstruction and found the structure was not properly built and the water was hitting a brick wall and not able to go anywhere because there was no opening.

 

Karan stated the Highway Department dug up the structure, replaced it, put in a new manhole cover. She further stated the water is now flowing freely when it rains, however she said she is not guaranteeing if it rains heavy it will not get up in the cul-de-sac but she does not believe it will stand in the street like it had before.

 

Karan stated she had to commend her crew for going to Tanglewood Ditch and jacking up the pipe out of the bottom of the ditch, putting the coupling on to make it bend so the water would not keep forcing back up to the inlet. 

 

Karan stated Rod and her good crew hand dug the structure up and jacked it up off the bottom about a foot and put the elbow on it.  She further stated herself and her crew went out while it was raining and the water was flowing and she believes this will help the property owners tremendously but it probably would not solve all their problems at this point but that was a start.

  

Karan thanked Carl, Highway Department, and her crew for all their help in improving the situation at Tanglewood Ditch.

 

Commissioner Conner asked if the swale had been put in yet.

 

Karan stated the swale had not been put in yet and she had told the property owners to keep an eye on it during the heavy rain to see if the swale is needed.

 

Commissioner Conner stated he commended Karan for her efforts.  Commissioner Conner further stated the Drainage Board routinely have cooperation among various departments in the County and he believed this is what results from working together to solve problems the tax payers have. 

 

Commissioner Conner stated the property owners on Crystal Court had complained about this situation for over four years and nothing had ever been done about it.

 

Karan stated this project was a simple fix.

 

Commissioner Williams stated hopefully the property owners would not have to sandbag their garages anymore.

 

Brian Diehl from 7811 Ashwood Court, two streets west of Crystal Court stated the water has been in both his garage and his neighbor’s garage several times. 

 

Mr. Diehl stated he wanted to find out information on the Sandals Subdivision because he was under the impression a culvert and swale that runs parallel with the ditch were to be installed.  Mr. Diehl further stated houses are being constructed and there has not been a culvert or swale installed.

 

Karan stated the last Drainage Board meeting Mr. Diehl attended they had primary platted a large section.  Karan further stated when the plat was recorded they didn’t record the whole section, they only recorded a front part that included 5 or 6 lots part of the road that goes back into the development and stops short of the ditch.

 

Karan stated when they secondary platted that section they have to put up letters of credits to bond for the construction of only that section of the subdivision which included the retention basin and the drainage structures that lead up to the basin.

 

Karan stated they have a certain period of time to construct the improvements which enables them to build houses as long as they have the money held incase something happens they do not complete it, the county can take that money and put the structure in.

 

Mr. Diehl stated he is also hearing rumors that they had changed their mind and are not going to put in a culvert and are going to be building houses on the South side of the ditch.  Mr. Diehl further stated the houses already being constructed and the remaining houses will be accessed through Sandalwood Drive, which is in Tanglewood Subdivision.

 

Karan stated Bill Bivins, their Engineer, had told her they bought the additional acreage to the North and will be re-platting the portion they have already platted and redesign the entire thing and put the basin on the other side of the road and reconfigure the plans.  Karan further stated they had not indicated to her that they were going to come through Tanglewood but they may connect to Tanglewood to make sure they have another access out. 

 

Karan stated when Sherri Phillips and herself went to Jasper for a DNR meeting it was brought to their attention that anything along a legal drain is supposed to go to DNR for review and approval.  Karan further stated DNR would get the new designed Sandals Subdivision for review before it gets brought back to the Drainage Board.

 

Mr. Diehl asked with the change in plans if they were planning on changing the house or lot sizes.  Karan stated he had not filed anything that she is aware of.

 

Mr. Diehl stated his concern was the only access to the other 50 houses would be running through Sandalwood Subdivision and all the new traffic it would create for Sandalwood Subdivision that already only has one outlet.

 

Karan stated she could speak from the County Surveyors point of view but she is pretty sure the County Commissioners would take precautions.

 

Commissioner Pike stated they had looked at this property several times to make sure they had more than one outlet and Sandalwood does only have one outlet once you get on the opposite side of the ditch.

 

Karan stated if they re-file anything it will have to be advertised again and Mr. Diehl would receive notice of the meetins. 

Mr. Diehl stated there is a footing for one of the new constructed houses that is 21’ x 25’ which is just over 500 square feet.  Mr. Diehl further stated Mr. Chandler had told him the houses would be minimum of 1200 square feet homes.

 

Karan stated Mr. Diehl would have to talk with Sherri Phillips Planning Commission Executive Director regarding the house sizes but she is sure there is a minimum size for a house.

 

Mr. Diehl stated he has the smallest house in the Tanglewood Subdivision and it is 1500 square feet. 

 

Rod Madden asked Mr. Diehl if he has had water in his garage since the ditch had been cleaned.

 

Mr. Diehl replied his neighbor had water in his garage during the last gully washer and there was 19 inches of water on Ashwood Court.

 

Karan stated Ashwood Court is the next area they will be working on.

 

Mr. Diehl stated somebody had come by his house in an extended cab Ford pickup truck with a camcorder and videoed the floodwaters. 

Karan stated the guy in the Ford pickup truck was the guy that came out to blast out the structures.  Karan further stated that he had told her he had videoed the night before he was to blast out the structures after a rain.

 

Commissioner Pike asked Mr. Diehl if he lives on the eastern cul-de-sac.  Mr. Diehl replied he lives on the western cul-de-sac next to the Sandals Subdivision.

 

Karan stated the Drainage Board has not forgotten about Mr. Diehl’s problem they just have to take one project at a time and she is still working on the retention basin she has spoke to him about.

 

CLAIMS:

 

Commissioner Williams asked if everyone has had a chance to look over the claims and if there was any questions.

 

Commissioner Conner moved to accept the claims for payment in the total of $1,812.38.  Motion 2nd by Commissioner Williams. 

 

Attorney Ashley stated he had reviewed the Howard Williams contract.  Attorney Ashley asked what fund the services were being paid out of.


Karan replied Cumulative Drain account.

 

Attorney Ashley stated the agreement should be made with the Drainage Board rather than the County Commissioners.  Attorney Ashley further stated he has reviewed this and sees nothing wrong with the agreement other than it being paid out of funds that the Drainage Board has jurisdiction then the agreement should be made with the Drainage Board.

 

Karan explained she had told them to make the agreement that way because she was under the impression all contracts had to be executed by the Board of Commissioners so she was not sure if it would be the Commissioners acting as the Drainage Board or the Commissioners acting as the Commissioners.

 

Attorney Ashley stated the Drainage Board enters into ditch contracts.

 

Karan stated she would have the Contract changed and resubmitted. 

 

Ralph Blake stated he had lived in Warrick County since 1959.  Ralph Blake further stated the input of the community is of great importance.

 

Commissioner Pike moved to recess.  Motion 2nd by Commissioner Conner.  Motion carried, 3-0.

 

Commissioner Williams stated the Drainage Board is at recess.