JANUARY 8, 2003

3: P.M.





MEMBERS PRESENT:††††† †††††††††††††††††††††††† Don Williams, President; Phil Baxter,

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††††††††† Vice-President; Carl Conner, Secretary;

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Don Ashley, Attorney for Board and

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Karan Barnhill, Surveyor.




ALSO PRESENT:†††††††††††††††††††††††††††††††††††††††† Ray Stradtner and Sherri Phillips, Area

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Plan Director.†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †††††††††††††††††††††††††††††††††††††††††††††††††††††††††††





Commissioner Williams stated that this had already been done in the Commissionerís Meeting.


Mr. Ashley, Attorney for the Board advised that this was Drainage Board and the election of Officers for this Board had to be reflected in the minutes.


Commissioner Williams stated that the first order of business was the election of officers and he would entertain nominations for President.


Commissioner Conner made a motion to appoint Don Williams as President of the Warrick County Drainage Board for the year 2003, 2nd by Commissioner Baxter. Motion carried 3-0.


President Williams asked for a motion for Vice-President?


Commissioner Conner made a motion to appoint Phil Baxter as Vice-President for the calendar year of 2003, 2nd by President Williams. Motion carried 3-0.


President Williams made a motion to appoint Commissioner Conner as Secretary of the Drainage Board for the year 2003, 2nd by Commissioner Baxter. Motion carried 3-0.


Don Williams announced that the 2003 Drainage Board Officers are as follows:

Don Williams, President; Phil Baxter, Vice-President and Carl Conner, Secretary.





Commissioner Baxter made a motion to appoint Mr. Don Ashley as Drainage Board Attorney, 2nd by Commissioner Conner. Motion carried 3-0.




President Williams asked the Board to look at their copy of the resolution as this sets up the Drainage Board meeting dates and there is a change to be made. President Williams went on to read the resolution to the Board: (there was a typographical error on the second meeting date in January, these dates are correct.)

††††††††††† Whereas, Indiana code 36-9-27-7 provides that the Warrick County Drainage Board shall by resolution at the first meeting in January of each year, establish their regular meetings to be held through the year.

††††††††††† And Whereas, this being the first meeting in January of 2003, the Drainage Board desires to establish their regular meeting dates for the calendar year of 2003.

††††††††††† Now therefore, be it resolved by the Drainage Board of Warrick County that said Board shall hold a regular meeting on the following days:

January 8 & 22; February 12 & 26; March 12 & 26; April 9 & 23; May 14 & 28; June 11 & 25; July 9 & 23; August 13 & 27; September 10 & 24; October 8 & 22; November 12 & 26; December 10 & 24 all at 3:00 p.m.

††††††††††† Be it further resolved by the Warrick County Drainage Board that any regular meeting dated that fall upon a legal holiday recognized by the Drainage Board of Warrick County, that said Board, the preceding meeting, shall decree as to whether said regular meeting shall be held on the day preceding said lawful holiday or on day succeeding said lawful holiday.

††††††††††† This resolution passed and ordained this 8th day of January, 2003.


Commissioner Conner made a motion to approve Resolution 2003-1, 2nd by Commissioner Baxter. Motion carried 3-0.




Karan Barnhill, Surveyor asked that this be continued until the next meeting which will be January 22, 2003.


Commissioner Baxter made motion to continue this matter until the next meeting, 2nd by Commissioner Conner. Motion carried 3-0.




President Williams asked the Board if they had read the minutes from December 11, 2002 and if so, is there a motion, he added that he had a change on the minutes before they are approved. He added that he would need help from Commissioner Conner since Commissioner Baxter wasnít on the Board at that time. He explained that on page 6 the top paragraph is talking about what President Williams said and he is relatively sure that he did not say this: (reading from minutes) President Williams asked if there was any questions from the Board (he remembers that) he stated that the Surveyor has bought the pipe and is going to lay the concrete and Commissioners did agree that the work was our cause. President Williams also stated that he does not remember verbalizing that way and that he was talking about the labor.


Karan stated that the labor was supposed to be supplied by the Highway Department.


President Williams said with that exception, he would make a motion that the minutes be approved, he asked the recording secretary to check the tape, Commissioner Conner stated that with the exception he would 2nd the motion. Motion carried 2-0. 1 Abstained.





Karan Barnhill, Surveyor stated there were two quotes, one from Bigge and one from Aigner and passed the unopened envelopes to Mr. Ashley, Attorney.


Mr. Ashley stated that the first quote was submitted by Jerry Aigner Construction, Inc., for Mitchem Ditch Project, grind 4,475 linear feet of trees, briars etc., and the quoted price is $4,385.50.


Mr. Ashley opened the second quote and stated it was submitted by Bigge Excavating for the project of Mitchem Ditch for 4000 pc 200 Komatsu Excavator w/grinder, price per foot $1.10 per linear foot and is extended to total quote of $4,400.00.


Karan asked if that was a $1.10 per foot, she and Commissioner Conner asked how could that be?


Mr. Ashley answered that Bigge was basing it on 4000 feet.


President Williams asked Attorney Ashley how to handle the last bid?


Mr. Ashley answered that the previous quote is lower anyway.


Commissioner Conner made a motion to approve the bid price submitted by Jerry Aigner in the amount of $4,385.50 for work on Mitchem Ditch, 2nd by Commissioner Baxter. Motion carried 3-0.




President Williams asked if there were any questions from the Board and stated that he had asked Karan about item 2 which were earphones for the transcriber. He added that the previous earphones were very old and that they were used to transcribe the minutes so it would be an appropriate cost.


Commissioner Conner asked Karan where the mowing was done on Tanglewood Ditch and how long ago was it done?


Karan answered that it was the latter part of the year and it was mowed so her crew could shoot it to get it ready for the project at Sandals Subdivision.


Commissioner Baxter asked Karan if she was satisfied with all the claims?


Karan answered that she was but would like to explain the claim to Ruhe Drainage and Excavating and why there was an added charge. She added that if they remember a couple of meetings ago that at the project (Tennyson Road Bridge) there was a large hole and we were expecting to pull the concrete pieces and gravel that was underneath the bridge out whenever we did the project and fill the hole. She further added that the Board was advised there was not enough material to fill the hole, so Rod Madden had talked to the highway department and they had some concrete pieces they were wanting to get rid of and the Surveyorís Office had arranged with the Highway Department to bring Ruheís trucks to transport the Material to the Project site and fill up the hole with the Counties unwanted concrete pieces.


Karan stated that Mr. Ruhe is known for not returning phone calls or answering messages, so without our knowledge he made his own arrangements and equipment to get the concrete and fill the hole. She further stated this was not supervised by the Surveyorís Office or staff, we have no knowledge of how many hours or trucks were used since we were not aware of this until Mr. Ruhe called Rod and stated that he had it finished and that he would charge us $55.00 an hour. Karan stated she could not dispute his hours as her office was not involved but her main comment is that with Mr. Ruhe there always seems to be something. She added that there are a lot of contractors out there who do communicate with the office and crew and also does good work.


President Williams asked if this last project meets all the requirements?


Karan stated that it does.


President Williams stated that the Board would take what the Surveyor said under consideration.


Commissioner Baxter asked if that could be done legally?


President Williams stated absolutely, the Board did not have to accept any bids if the work previously done was not acceptable. He asked Mr. Ashley if this was not correct?


Mr. Ashley answered that past performance is always considered but the Board should not take any action on what the Surveyor has recommended on pre-barring anyone from receiving specifications.

Karan asked if he should be left on the list of contractors that her office sends specifications to?


Mr. Ashley stated that they should and the Board is well aware of the problems that have been encountered and that can be considered when the bids come in.


Commissioner Conner stated that he didnít think the Board had to accept the lowest bid anyway.


Mr. Ashley stated that the Board had to put in writing why they did not accept the lowest bid.


Commissioner Conner asked can if we could not take into consideration matters such as service, time frames and actions such as this?


President Williams also added using inappropriate or prescribed materials.


Mr. Ashley answered yes; this can all be taken into consideration.


President Williams asked if there were any other question on the claims?


Commissioner Conner made a motion to pay the claims as submitted with the total dollar amount being $14,043.75, 2nd by Commissioner Baxter. Motion carried 3-0.


President Williams asked the Surveyor if she had any other business to bring before the Board.


Karan asked if she should stay for the Commissionerís Meeting concerning the RFPís in case the Commissioners need any input from her.


President Williams asked if she was talking about the MS4 and answered that it is his opinion that the Commissionerís need to interview all 4 companies, he asked the other members if they had had a chance to look at the proposal, he also added that this was just his thoughts and they may change by next meeting.


Karan stated that if they need her assistance to set up the interviews or with anything they should not hesitate to ask.


President Williams answered that would be appropriate and appreciated and thanked her.


President Williams then asked Commissionerís Conner and Baxter if they had anything to come before the Board and also asked Attorney Ashley. They answered they did not.


President Williams asked a member of the audience if he had a question for the Board?


Mr. Ray Stradtner identified himself and stated he thinks he is at the wrong meeting but he thought it was a drainage issue; he is with Rod Parsons concerning Anderson Road basins and guardrail.


Commissioner Conner answered that was on the Commissionerís Agenda today.


Commissioner Conner made a motion to recess, 2nd by Commissioner Baxter. Motion carried 3-0.