FEBRUARY 12, 2003






MEMBERS PRESENT:                               Don Williams, President; Phillip H. Baxter,

                                                                        Vice-President; Carl Conner, Secretary;

                                                                        Karan Barnhill, Surveyor and Rod Madden,

                                                                        Deputy Surveyor.



ALSO PRESENT:                                         Jim Biggerstaff, Bill Englebrecht, Kenny

                                                                        Ubehlor and Steve Sherwood.



President Williams brought the meeting to order.




Commissioner Conner made a motion to approve the minutes as presented 2nd by Commissioner Baxter. Motion carried 3-0.




Rod Madden, Deputy Surveyor opened the sealed quotes. The first quote was from Henry Bigge in the amount of $5,858.00 for Taylor Ditch.


The second quote was from Jerry Aigner Construction in the amount of $3,535.00 for the work in Taylor Ditch.


President Williams asked for any discussion and as there was no discussion, he asked for a motion to accept.


Commissioner Baxter made a motion to accept the Aigner quote of $3,535.00, 2nd by Commissioner Conner. Motion carried 3-0.




The sealed quotes were opened by Rod Madden with the first quote being from Bigge Excavating in the amount of $2,103.30.


The second quote is from Jerry Aigner Construction in the amount of $2,158.65.


Commissioner Conner made a motion to accept the quote of $2,103.30 from Bigge Excavating, 2nd by Commissioner Baxter. Motion carried 3-0.





There were four sealed quotes on the Polkberry Ditch project.


Rod Madden stated the first quote was from Bigge in the amount of $3,200.00 for Polkberry Ditch.


The second quote opened was from Warrick Excavating in the amount of $4,790.00.


The third quote was from Jerry Aigner Construction in the amount of $4,275.00.


The last and final quote was from DG Construction and their quote was for $7,250.00.


Commissioner Baxter made a motion to accept Bigge Excavating quote of $3,200.00,

2nd by Commissioner Conner. Motion carried 3-0.





Karan Barnhill, Surveyor stated this subdivision has 30 lots with the retention basin being on lot 30 with the discharge pipe discharging into the road Right-of-Way on which Mr. Bill Engelbrecht, owner and developer was building his home.


She also explained that on a few of the lots along Vann Road the storm water would drain its natural course and run into the roadside ditch. She added that the plan meets all requirements and she recommends approval.


Mr. Jim Biggerstaff, Engineer of the development and Mr. Bill Engelbrecht, owner of the development introduced themselves to the Board.


Commissioner Conner asked if this is the property located behind an existing residence that is shown on the plans.


Mr. Engelbrecht stated that house is his daughter’s home.


Commissioner Conner made a motion to approve the drainage plans for Engelbrecht Place, 2nd by Commissioner Baxter. Motion carried 3-0.






LAKEVALE ESTATES: ( Lots 3,4,13 & 14)


President Williams made a motion to continue Lakevale Estates by request of the Developer, 2nd by Commissioner Conner. Motion carried 3-0.




Karan stated she has spoken to Tom Bodkin, Attorney for the Town of Newburgh and he has to take this back to the Town of Newburgh Council meeting because she explained to him the wording on the covenant was not correct.


She explained the wording did not include Mann Ditch.


Commissioner Conner made a motion to table the Hold Harmless until the next meeting, 2nd by Commissioner Baxter. Motion carried 3-0.





Kenny Ubelhor appeared before the Board requesting that a portion of Angel Ditch be reclassified as an Urban Drain. Karan explained that they are requesting this in order that they can reduce the Right-of-Entry to 35 feet. Karan stated the portion of Angel Ditch is the common line of Westwood/Bellwood Subdivisions and runs North through Westwood/Bellwood Subdivisions and continues to a point approximately 500 feet to the North line of Green Meadows Subdivision and a proposed new development.


Karan added that Mr. Ubelhor is willing to taper the banks back to our specifications and put a concrete ribbon in the flow line of the ditch. She explained the concrete ribbon will also be of a greater thickness and width than the existing ditch within Bellwood & Westwood Subdivision, which will enable the property owner to maintain it.


Mr. Ubehlor added that he did this type of concrete ribbon through an earlier development in the early 80’s and the County has never had to go back and maintain that portion of the ditch.


Karan stated that this would be agreeable with the Surveyor’s Office to reduce the Right-of-Entry to 35 feet and would recommend approval.


There was discussion on this about if Attorney Ashley had any input on this request.


Karan answered that she had sent him the same package as the Board but had not talked to him personally. She explained that they but had followed his guidelines from the previous ditches they had re-classified.


President Williams made a motion to approve the re-classification of this portion of Angel Ditch contingent with the approval of Attorney Ashley, 2nd by Commissioner Conner also contingent on the approval of Attorney Ashley. Motion carried 3-0.





Karan reminded the Drainage Board of the interviews that were set up for February 20, 2003 in the Commissioner’s Meeting Room for the NPDES Storm Water. She added that they will start at 1:00 P.M. and will be finished at approximately 3:00 P.M. with no intervals in between as Commissioner Conner has other meetings that day also.





Karan explained the flap gate for the Eskew Road Project has been purchased and delivered. She stated that the placed this matter on the Agenda in order to get official action on whether or not the County Highway Engineer would be designing the headwall. She explained this is necessary in order for the flap gate to rest on due to the weight of the flap gate, which would bend the end of the metal pipe.


Karan also explained that she has mentioned to the County Engineer that this would need to be done but he has to be directed by the Commissioners to do this if it is the Boards wishes.


Carl Conner asked if this was something that should be done by a consultant, which would be contracted out.


Karan explained that this would be up to the Board of Commissioners because this is actually going within the road right-of-way.


Carl asked Steve is this could be done in house or if they should get a consultant to do that?


Steve stated that they could do it in house.





Karan explained to the Board that this project has been on going for several months and she would like to get a decision from the Board as to whether or not the Highway Department was going to be funding the replacement of the two structures in Coal Mine Road and Jeremy Lane. She explained that the only way we can enclose the ditch and achieve cover and property drainage is to drop the flow-line along Brooklyn Ridge, which would require that the two roadway culverts be replaced.


She explained that State Statute does not allow us to purchase drainage structures within the road right-of-way.


President Williams stated he would like to look at this site again and would ask that no action be taken until it is discussed further.





Karan stated that we had previously gotten permission from the Drainage Board to apply for a permit to remove a log jam in Little Pigeon Creek. She explained that the permit has been approved and with the special conditions on the permit it is necessary that the removal take place during a hard freeze or very dry weather. She explained that we have contacted a logging company to get a quote for the removal.


Rod Madden, Deputy Surveyor added that the quote from Lowell’s Logging and Timber Management includes moving equipment to and from the job site, removing the debris and hauling the logs from the site.


Karan stated the cost estimate provided is from one contractor because they are the closest to the area and have the type of skidder necessary to do the work. She stated the cost from Lowell’s Logging and Timber Management is for $1,150.00.


Commissioner Conner made a motion to accept the quote from Lowell’s Logging & Timber Management in the amount of $1,150.00, 2nd by Commissioner Baxter. Motion carried 3-0.




Karan also told the Board that since part of this jam fell under the jurisdiction of Spencer County that we may be reimbursed for part of the job and that a joint meeting was set up for February 26 at 2:00 P.M. in the Commissioner’s Meeting Room and that the main discussion would be about Little Pigeon Creek.




Karan advised the Board that Coles Creek needs dirt and that she and Rod have talked to Vern and Gerald at the Highway Department and that they will deliver the dirt if the Surveyor’s Office buys the dirt and reimburses the Highway Department for delivering it to Coles Creek. She added that they have talked to a few contractors and that the Highway Department can do it for a third of the cost of any of the contractors that they talked to.


Commissioner Conner made a motion to allow the Surveyor’s Office to purchase up to 15 loads of dirt and Highway personnel would deliver it, 2nd by Commissioner Baxter. Motion carried 3-0.




Commissioner Conner stated he had a proposal to present before the Drainage Board that in August of 2002 the Board had set aside from the cumulative drain fund $127,000.00 for the Epworth Road (Howard-Williams Ditch) project and he would like to use $80,000.00 of that for the Fuquay Road Sewer project. He stated that he and Steve had met with Town of Chandler and had been working on this for about a year. He also stated that the Town of Chandler would reimburse the County 50% or $40,000.00.


Karan stated that this is the first she has heard about any type of project with the Town of Chandler and that she has already set up projects for most of the $200,000.00 that the Council has allotted her and that she was just informed the other day by the Treasurer (Charlie Christmas) that the Council has frozen all funds that are available as the County is in the red and they may have to borrow from them. She also stated that it is not the Engineer’s job to design or work on legal drains and that she has not been invited to attend any of the meetings where they were discussing the legal drains and their monies. She would like this discussion postponed until she knows more about it and also so she can discuss this with the Drainage Board Attorney.


Commissioner Conner stated he wants to be on record that he requested that the monies be made available as it was passed in August of 2002. He also stated that the Engineer’s Department will design and the Highway Department will do the work of relocating the ditch. He stated that he wanted to make a motion that the Drainage Board set aside $80,000.00 of the $127,000.00 that was to go to the Epworth Road Project for the Fuquay Road sewer project in the Town of Chandler. He asked President Williams for a vote on this project. It was 2nd by President Williams. Motion carried 2-1. Commissioner Baxter voted no.


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