NOVEMBER 12, 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.



President Williams brought the meeting to order.





President Williams stated the first item of business was the approval of minutes from September 24, 2003, October 15, 2003 and October 22, 2003. He asked if they wanted to vote on them together or separate?


Commissioner Conner asked they be taken separately as he would have to abstain from voting on the September 24th minutes.


President Williams asked for a motion to approve minutes from September 24, 2003? Commissioner Baxter made a motion to approve the minutes from September 24, 2003, 2nd by President Williams. Motion carried 2-1 with Commissioner Conner abstaining.


President Williams asked for a motion to approveOctober 15th and October 22nd minutes? Commissioner Conner made a motion to approve both sets of minutes as submitted, 2nd by Commissioner Baxter. Motion carried 3-0.




The quotes were passed to Attorney Don Ashley to be opened. He stated that the first quote was from Jerry Aigner Construction, Inc. for the Hutchinson Ditch at Pigeon Switch Road with the quote being $14,200.00


The second one opened was from Ray Stradtner Excavating, Inc., who submitted a quote for $42,565.00.


Mr. Ashley opened the third quote and stated that it was submitted by Bigge Excavating for Hutchinson Ditch $7,122.00.

Don Ashley stated the fourth quote was from DG Construction for Hutchinson Ditch at Pigeon Switch Road for $8,750.00


He stated the fifth and final quote was from D-Lite Excavating, Inc., from Evanston, Indiana in the amount of $12,281.00.


President Williams stated that the Board has received 5 quotes ranging from $7,122.00 to $42,565.00, he asked if all were present for the pre-bid meeting?


Karan answered yes they were.


Commissioner Conner made a motion to award the contract to Bigge for $7,122.00 unless there is some reason the County Surveyor feels that this is not justifiable. This motion was 2nd by Commissioner Baxter. Motion carries 3-0.


President Williams stated that the Drainage Approval for Huntington Creek Subdivision has requested a continuance.


Commissioner Conner made a motion to table the Huntington Creek Subdivision drainage plan until the next meeting which is the 26th of November, 2nd by Commissioner Baxter. Motion carried 3-0.




Karan stated that The Reserve Subdivision was approved several months ago and it is the subdivision off of Ferstal Road behind River Ridge. She explained that it came to her attention last week that the outfall structure, where the retention basin discharges, is an existing SIGECO easement and that SIGECO is going to do a consent not only to allow them to have the storm water running across their easement but also the pipe extends just a little bit into their easement and they have first rights over anything that goes into their easement.


She added that they have also dedicated a Drainage Easement across their easement and they have indicated that they are willing to do the consent agreement, she just wanted the Board to be aware.


Karan asked Don Ashley how this should be handled but somehow the Drainage Plan needs to be subject to the consent agreement from SIGECO and she is not sure how to go about it since the Drainage Plan has already been approved.


Don Ashley asked what was before the Board at this time?


Karan answered that she did not have anything at this time she just brought it to the Board for discussion.


President Williams explained to Mr. Ashley that the drainage plan has already been approved by the Board about 2-3 months ago.

Mr. Ashley asked if the contingency was added to the approval?


Karan answered no, this came after the approval as she was not aware that there was any encroachment as she had just noticed the storm water going into the easement. She stated she had not noticed any encroachment of any structures.


Mr. Ashley asked who the developer was?


Karan answered that Rahman is the developer.


Mr. Ashley stated that they should be notified that by action of the Board that the approval is subject to obtaining a consent from SIGECO and indicate that the problem just recently came before the Board. He added that if they have any questions they should appear before the Drainage Board.


Karan stated that she would send Rahman Homes a letter and carbon copy it to Don Ashley, Attorney for the Board and also to the Drainage Board.




Karan stated that last year there was an issue of a house being built within the Tanglewood Ditch Right-of-Entryand at that time the developer came to the Board and requested that the ditch be converted from a regulated drain to an urban drain. She added that this was done and the Right-of-Entry was reduced subject to them doing the work on the ditch, they have started the work, the Board was supposed to supply the erosion control matting which is being done and she wants it on record that permission was granted from the Board. Karan added that they are sloping the banks, dipping the bottom and doing all of the work we are just putting down the erosion control blanket. She just wanted to remind the Board of the expense for the ditch.


President Williams asked if this was part of the original agreement as he vaguely remembers it.


Karan answered yes that we supply the materials and they would do the labor part of it, the actual ditching on that section of the ditch.


Commissioner Conner asked if we were doing the ditch through the entire subdivision or just that portion there where the new residences are being built?


Karan answered just through the new development.


Commissioner Conner stated that this would be west of Coal Mine Road?


Karan answered yes, through Sandals Subdivision.


President Williams thanked Karan for keeping the Board informed.





President Williams asked the Board members if they had reviewed the claims?


They both answered yes.


President Williams asked if there were any questions and if not, was there a motion?


Commissioner Conner made a motion to accept the claims in the amount of $33,085.35 as presented, 2nd by Commissioner Baxter. Motion carried 3-0.


President Williams asked if there was anything else to come before the Board?


Commissioner Conner asked about the MS4 compliance?


President Williams stated that he thinks that is under Commissionerís business not Drainage Board.


Commissioner Conner apologized, but asked if there shouldnít be some dates set with the engineering firm and then get with them so it can be scheduled, as they are indicating that they would like to meet between the holidays.


There was much discussion on this with Karan agreeing to get some dates together and her question is that the contract that the Commissioners entered into with Commonwealth only took them through part A. She added that she did not know whether to set dates or not as she did not know if the Commissioners were going to continue with Commonwealth. She also explained that there needs to be a dollar amount set.


Commissioner Conner stated that he was going on the assumption that it would be to our benefit to continue with Commonwealth since they did the first part of it even though he will go on record as saying that he did not support Commonwealth Engineers getting the contract due to a number of reasons, but it doesnít make a lot of sense to go out and hire another Engineering Firm.


Karan agrees that the Board should stick with this firm. She added that she could not take the liberty to set up dates.


President Williams stated he thinks the Commissionerís should set the meetings and unless they are completely outrageous he would agree with Commissioner Conner.


Karan suggested getting another contract with Commonwealth so that they donít keep adding fees without the Boardís knowledge.


There was discussion on when each Commissioner would be available and it was agreed that Karan would get the meeting dates set up.


President Williams asked the question didthe Drainage Board used to require bonds for quotes? Did we quit doing that?


Karan answered that the contractors have to be bonded if it is a certain amount but not quotes, bids have to be bonded. She added that we do require proof of insurance.


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