OCTOBER 15, 2003

3:00 P.M.





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

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† President; Carl Conner, Secretary, Don Ashley,

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Attorney for Board; Karan Barnhill, Surveyor

††††††††††††††††††††††††††††††††††††††††††††††† ††††††††††††††††††††††† and Rod Madden, Deputy Surveyor.



ALSO PRESENT:†††††††††††††††††††††††††††††††††††††††††† Rob Coghill and Monte Williams



President Williams brought the meeting to order.




President Williams stated the minutes were to be continued.






The quotes were passed to Mr. Ashley, Attorney for Board to open. He stated that the first quote is submitted by Jerry Aigner Construction and the amount quoted is for $5,500.00. Mr. Ashley stated the next one is from Henry Bigge Excavating with a quote for brush grinding on Angel, Edwards and Gardner-Webb Ditches for $.74 a foot with the total project being the 5,450-feet and the total quote is for $4,033.00.


President Williams asked if there were only 2 quotes for Angel and the other ditches? He also asked if this job was offered to more than the two that quoted it?


Rod Madden, Deputy Surveyor answered that these are the only two contractors who have this type ofequipment.


Commissioner Conner made the motion to award the contract to Henry Bigge Excavating in the amount of $4,033.00, 2nd by Commissioner Baxter. Motion carried 3-0.







Mr. Ashley stated the first quote is from Ray Stradtner Excavating, Inc., with a proposal for Wagner Ditch for the amount of $2.50 per foot and it is 2,630-feet with the total proposal being $6,575.00.


Mr. Ashley stated the second quote is from Warrick Excavating, Inc., with the project being from Millersburg Road to Heim Road $5,800.00.


Don Ashley opened the third quote from Bigge Excavating with the total quote for Wagner Ditch is $2,893.00 and the fourth is from Jerry Aigner Construction who submits his ditch quote for $4,950.00.


The fifth and final quote is from DG Construction in the amount of $5,450.00.


President Williams asked if all contractors were present at the pre-bid meeting?


Rod Madden answered yes they were.


President Williams asked if there was any reason why Mr. Biggeís quote was more reasonable?


There wasnít any clear cut reason.


Commissioner Conner made a motion to award the contract of Wagner Ditch to Henry Bigge Excavating in the amount of $2,893.00, 2nd by Commissioner Baxter. Motion carried 3-0




Karan explained that the Director of the Area Plan Commission just brought over a letter faxed by Bruce Miller stating that Thomas Keith from Andy Easley Engineering requests that it be continued until the first meeting in November.


President Williams stated the first meeting is on the 12th of November.


Commissioner Conner made a motion to continue the Huntington Creek Drainage Plans until the next regular scheduled meeting which is November 12, 2003, 2nd by Commissioner Baxter.

Motion carried 3-0.


Commissioner Conner asked Karan if the issue was the floodway?


Karan answered yes it was.


Commissioner Conner also asked if the wait is to hear from DNR before we make any decisions?


Karan answered yes and it was suggested to Bruce Miller that he postpone it as it is still in DNRís hands andthey havenít established the floodway yet.




Karan explained that Chandler Utilities has submitted a Hold Harmless Agreement to allow a force main pipeline to cross Angel Ditch and also to allow the lift station within the 75-foot Right-of-Entry. She added that the plans have been submitted and they have agreed to put flowable fill around the open cut in the ditch and right off of Bell Road they have situated the lift station back as far as they can to achieve gravity pull. She stated she couldnít remember how far back off the top of bank it was.


Mr. Coghill stated that he thought it was an additional 30-feet.


President Williams stated as long as it gives us plenty of room to get in there to work on the ditch.


Mr. Coghill also stated that originally the station sat right at the edge so they are trying to get it out of all of the right-of-ways as much as possible.


Karan stated that it has been submitted and she does recommend approval.


President Williams asked Don Ashley, Attorney if he had a chance to review the Hold Harmless?


Mr. Ashley stated he had not seen it.


Karan answered that it is the standard form.


President Williams stated that while Mr. Ashley is reviewing the Hold Harmless they should move on to Karanís first update.






Karan stated that she is very proud of her office staff and herself too for the accomplishments they have achieved. She added that the Cypress Creek digging which Bigge Excavating was awarded the quote and he has completed the ditching from Eskew Road to Jenner Road and the process starting to pull back the slips and leave the rest of the ditch alone. She explained that in discussing with Henry Bigge, he also offered to do both sides all the way down for an additional $5,000.00 and she thought that was a pretty good deal.


President Williams asked that on the slip it was budgeted for $13,000.00 and he did it for $2,000.00 so we are still under about $6,000.00 of what the Board approved.


Karan added that she thinks that it is on the claims to be paid $22,862.50, it is done and it looks nice and it has been seeded, grass is starting to come up in some portions. She also stated that Mr. Bigge pulled the banks back and leveled off the spoils.


Karan stated that the Cypress Creek Slip off of Jenner Road where the pond caused the slip to get worse and the dam was giving way, the original quote that was not accepted was for approximately $42,000.00. She added that it has been repaired and with everything included such as the supplies, contractor and everything else for $25,532.00 so we came in under the original bid.




Karan stated that Rod Madden did an awesome job coming up with a plan as to what type of structure to put the flap gate on because of its weight. She added that it was budgeted for $13,000.00, but the finished product which looks very good with rip-rap all around it cost $2,296.00 so that was really low.


Karan stated that with all of these jobs together we have come in under budget on almost every one of our projects and have operated on our $250,000.00 and got a lot more done than we thought we could. She stated she would have an update at a later date and that the funds are being used wisely.


President Williams stated he had one thing to say and doesnít want it to be taken wrong but anytime there is something like that, even if it has to be done individually the Board needs to be contacted. He added that sometimes we are hard to find but with that type of decision the Board does need to make the decision even though the funds were there.




President Williams asked Mr. Ashley if he had reviewed the Hold Harmless?


Mr. Ashley stated that it was satisfactory.


President Williams asked if there was a map or drawing to show where it was and where they are moving it to? He then asked for any discussion or a motion.


Commissioner Conner made a motion to accept the Hold Harmless as presented from the Chandler Lift Station, 2nd by Commissioner Baxter. Motion carried 3-0.




President Williams stated that he had been at the site Monday and his personal opinion standing at the West side where the cul-de-sac is that the County owns, is that it is not a pretty site.


Karan stated that she had presented the Board with a summary of the events that have taken place and it has been discussed on many occasions. She explained that her problem is basically that the new plan that Mr. Williams has submitted shows the basin changed to where it is not where it was originally planned where INDOT would not permit Mr. Williams to discharge into the State Right-of-Way. Karan added that when Mr. Williams made his change he is now directing the flow into a ditch that is obstructed and she does not feel that the Drainage Plan will work. She has been to the site several times and he does make an effort but he may not have the equipment as the ditch is still obstructed and she has a problem with it draining to that area unless the ditch is improved.


Mr. Williams asked he would like to know what ditch Karan is talking about, the one where he removed the pipe because it was full of sediment for ninety foot, is that what you are talking about?


Karan answered it is the Drainage Ditch along the property line that has always been the issue in this discussion, the Drainage Ditch along his North line and Heritage Placeís South line.


Mr. Williams stated you mean the one that is not on my property?


President Williams stated that he did not want to get back in this argument again. He stated that he and Commissioner Baxter came out and looked at the project, which they are allowed to do. He added that he thinks it is somewhat unsightly.


Mr. Williams stated he was talking about the banks?


President Williams stated he was talking about the banks and one of his concerns there is that it will erode and drain down the ditch and eventually perhaps clog it up at the South end. He added that he did not know that for sure, but one thing he does know is that water runs downhill. He also added that with the rocks in the ditch where the pipe was dug up he has concerns there for the fact that the cul-de-sac could be impacted and he thinks the County can have the Highway Department clean the ditch out since it could become a hazard to a County Road. He added that in its present state if the County doesnít do something he believes that it would perhaps impede New York Avenue. He asked Karan if she had made the phone call to the owner as yet?


Karan answered that she had left a message but had not had a return call.


Commissioner Conner stated that the landowner has been here in the past and has expressed concern about it so he might be willing to do this to alleviate the problem.


President Williams stated that with the road season coming to an end we could get the Grade-All out there and clean out the ditch and this should take care of the issue.


Commissioner Conner stated that he did not go out and look at the ditch but he has been involved in several of the discussions and the last discussion was with Mr. Williams and his architect and also Karan. He added that (from what he heard) if the State approved it and the Drainage Board would approve the Drainage Plan and based upon what has been said in regards to cleaning out the ditch and the County willing to do that he thinks this is favorable. He made a motion to approve the Drainage Plan that has been filed with the Board which has been approved by the State, in addition the Board should contact the Highway Department at the suggestion of Don Williams and have them clean out 75 to 100-feet of the ditch if we can get the Right-of-Way.


Mr. Williams asked if Commissioner Conner was talking about the center line of New York Avenue East?


President Williams answered yes, it is the turn around area there at New York Avenue that is relatively close to the ditch and he is afraid that the rocks upstream might cause the water to come out and flood the area.


Mr. Williams stated that he wanted to point out something there, that it is a very steep slope and farther up the developer, Jack Pruden carved out a trough and poured concrete which was finished by hand and that is washing out. He added that it is so steep in there that it will erode if there is nothing but bare ground. He explained that the entire length of New York Avenue and Virginia Avenue drain down that ditch and they had eroded a 12-foot long hole 4-foot wide and 4-foot deep, he put rock in the slope so that if it eroded out again it would cave in and fill the hole. He stated that they must realize that this ditch is draining 4 Ĺ acres down a steep hill and if you take those rocks out it is going to erode and there is already a trench where it is eroded now near his North border.


President Williams stated that water is going under and around the rocks already.


Karan stated that with big rocks in a ditch it will erode the sides and if the concern is erosion then erosion control matting can be put in to take care of that.


Commissioner Conner stated there was still a motion on the floor.


President Williams stated they would have the County Engineer look at the problem as it is not a Drainage Board issue other than the approval of the Drainage Plan. He added there is a motion on the floor with a 2nd by Commissioner Baxter. Motion carried 3-0.


Mr. Williams stated that the bank is rough but that was on someone elseís property but he was told to move the ditch and at that time he took all of the vegetation and it had been there for 5 years.


President Williams said he did not recall Mr. Williams ever being told to move the ditch but was told to dig some of the dirt out of the high points.


Commissioner Conner stated the main issue is the Drainage Plan and it has been approved so he would suggest the next step is to follow up with the County Engineer and have him take a look and make a decision as what would serve as the best interest for the people in that community. He added that if it takes the County going out with a Grade-All and cleaning 75 or 100 feet we would be happy to do that to remedy this situation if we can get the Right-of-Way.

President Williams stated that if something has to be done to slow down the flow then we can put proper concrete stops in the ditch.


Mr. Williams stated the landowner would not like that because he wouldnít be able to mow it. He then asked what he had to do to get his building permit which he has worked on for 2 years and 7 months?


Karan answered that he needed to go down and talk to Sherri in the Area Plan Commission and Karan will tell her that the Drainage Plan has been approved.




President Williams asked if there were any questions on the claims?


Commissioner Conner made a motion to approve the claims as submitted for the total dollar amount of $39,826.76, 2nd by Commissioner Baxter. Motion carried 3-0.




Karan explained that she saw on the Commissioners Agenda under Commissioner Connerís business about the MS4 appointment and she wanted to tell the Board that Don Larson sent her a packet and the NOI is ready, however it shows Karan as the operator and Don Larson as the responsible individual. She added that she called him and explained that she does not feel that she should be the operator and they discussed it in great detail. She stated that there are two people that have to be named instead of three because the responsible individual is only if we were going in on an NOI with another entity like Chandler, then the Board would be the operator and the responsible individual would be a Chandler representative and the contact person would be whoever the Board chooses.


President Williams stated that he is understanding Karan to say that she should be the contact person?


Karan stated that is correct and Mr. Larson says the President of the Commissioners is who he would recommend as that person has the authority to sign papers on behalf of the Commissioners. She added that is the way the other Counties are doing it but it is up to the Commissioners how they want to do it.


President Williams asked on the NOI could it be the President of the Warrick County Commissioners or does it have to be a name?


Karan answered that it has to be a name, a person and their title.


Commissioner Conner stated that is the checks and balances of the thing, basically the routine daily operation for example if they need information and date that is real specific, they would deal with Karan. He added that as President of the County Commissioners he would make that decision and he would have the opportunity to review and sign off before there is any commitment on the County.


Karan stated exactly right.


Commissioner Conner stated that answers the question as far as he is concerned and there wonít need to be a discussion other than a yeah or nay.


President Williams stated that the decision canít be made now but it sounds to him like they need to make the President the operator and Don Larson the consultant.


Karan stated that its called MS4 Operator and the professional contact.




Karan stated she did not want a decision on this matter now but the Soil Conservation Office and she told Gary Michel she would bring it up at this meeting to bring it to the Boardís attention. She added that they want to know if the Board is interested in bringing the Control Board back for the County to provide chemicals for land owners to spray for Johnson grass. She explained that it would consist of Gary Michel, the Surveyor and two other representatives. She asked that the Board think about it and if you decide to reenact the Control Board the next step would be to ask the County Council for money to fund it and that might help you make your decision.




Karan stated she also wants the Board to agree or disagree as her office has worked within the budget but it is getting toward the end of the year and we have calculated that we should have approximately $700.00 left in Cumulative Drain Fund and she would like to have permission to request an additional appropriation to have in case something comes up in the next couple of months so that we would have a little extra money at the close out of the year.


President Williams stated that with the rainy season coming that may not be a bad idea and asked Karan what amount she was looking at?


Karan answered about $20,000.00 or $30,000.00 just to have it there, it doesnít mean we have to spend it, it will roll back over and go back into the account. She added that she did not want to come up at the end of the year and not have enough to pay claims.


Commissioner Conner stated that he did not have a problem with that or the dollar amount as it would have to be approved by the County Council. He also asked that just because it is in the budget it doesnít necessarily give her office the right to spend it unless it comes before the Board.


Karan answered that none of the monies in Cumulative Drain Fund can be spent without the Boards consent, she just didnít want to be in the red at the end of the year.

The Board gave their consensus for Karan to ask for an additional appropriation for Cumulative Drain Fund in the amount of $30,000.00.


Commissioner Baxter stated that he thinks the County needs the Weed Control Board if they can get the funds.


Commissioner Conner said that his question about weed control is what have they done in the pastsince he has been in office they have not been in existence.


Karan stated that Gary Michel said that the Board has been gone for about 10-15 years.


Commissioner Baxter stated that he did not know how long it had been gone but that he knows they had one at one time.


Commissioner Conner wants to know exactly what duties the Board performed?


Karan stated that she would get the information to them and they could also talk to Gary and ask him questions about it.


President Williams asked if the weeds were impeding something?


Karan answered that the farmers have a bad problem with Johnson grass as it takes over.


Commissioner Conner asked who addresses the problem now?


Rod answered that the farmers mainly do but there are so many of the noxious weeds and they are very hard to control. He added that for an example if we spray this room and the hall way had Johnson grass, it would not be very long that this room would be taken over again.


President Williams stated it is kind of like mosquitoes, can you ever eradicate them all?


Commissioner Baxter stated that they had a bad stand of it North of the County garage and Mr. Stone asked it to be sprayed. He added that he asked Vern to spray it because it spreads so fast and takes over.


President Williams stated that he thinks Johnson grass needs to be taken care of but he hates to spend tax dollars on a Weed Control Board.


Rod asked if the Highway Department currently sprayed weeds along County Highways?


President Williams answered yes and then said for mosquitoes but he doesnít know if it is done on a regular basis.


Commissioner Conner asked if it could be done during the winter months?


Rod answered that it has to be sprayed in the summer. He added that the Drainage Board does buy chemicals for the farmers to spray their ditches.


President Williams asked if there was anything more to come before this Board?


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