APRIL 23, 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:                             Jack Tubbs, Jim Biggerstaff, Greg Moore, Sherri

                                                            Phillips and Mark Grimm.




President Williams brought the meeting to order.




President Williams stated he understood that they were going to postpone the minutes from April 9, 2003.


Karan stated that was correct.






President Williams stated that he would like to look at Taylor & Seitz Ditch quotes as last meeting there was some conflicting erroneous quotes, he asked Madam Surveyor if she would explain the outcome.


Karan stated that her office contacted Jerry Aigner Construction to find out if he had in fact swapped the envelopes and gotten the quotes backwards. He stated that he did and greatly appreciated the fact that we gave him the opportunity to correct it. She added that the Taylor Ditch grinding bids came in with Aigner’s quote being $5,500.00 and Bigge’s was $4,200.00 and on the Seitz Ditch quote Aigner’s was $1,150.00 and Bigge’s was $1,734.00.


President Williams elected to take Taylor Ditch quotes first and ask if there was any discussion from the Board?


Commissioner Conner made a motion to award Bigge’s quote of $4,200.00 for the work on Taylor Ditch, 2nd by Commissioner Baxter. Motion carried 3-0.


President Williams stated the next item was Seitz Ditch, tree grinding and asked the Board what their pleasure was.


Commissioner Baxter made a motion to award Seitz Ditch to Aigner Construction for $1,150.00, 2nd by Commissioner Conner. Motion carried 3-0.




President Williams stated there is a third quote to be opened and passed them to Mr. Ashley, Attorney for the Board.


Mr. Ashley opened the first envelope and stated that Warrick Excavating submits a quote for the Willow Pond project in the amount of $15,900.00.


The Second quote submitted comes from Jerry Aigner Construction in the amount of  $24, 990.00.


The third quote is submitted by DG Construction for the Willow Pond project in the amount of $ 19,640.00.


President Williams asked the Drainage Board for any discussion and asked Karan or Rod if they had any input?


Karan stated that they were all present at the pre-bid meeting.


Commissioner Conner made a motion to accept Warrick Excavation’s price of $15,900.00 for work on Willow Pond Ditch, 2nd by Commissioner Baxter. Motion carries 3-0.




President Williams stated that it was his understanding that item 2 which is Rising Sun Subdivision is to be continued.




Karan stated that if the Board remembers there were some concerns and questions that she had about the fact that they were discharging their retention basin in the Southeast corner. Her question was the fact that it was discharging at a point that was going to directly discharge onto adjoining landowners and then drain down to Willow Pond Ditch and in doing some research and talking to other individuals we came up with a plan that if they moved their discharge pipe and “T” it, then empty it out into a bed of riprap that it would then return it to a sheet flow condition as it is now. She added that a meeting was held with the property owners at which time this was discussed in order to rectify any concerns they had.


Karan stated the developers have revised their plans and they met all of the requirements and show a detail of the riprap area and are going to have approximately a 12-foot area that will be all riprap and have extended it to the West covering about 145-feet and in her opinion this will allow the water to be discharged out of the retention basin, spread out into the riprap area and dissipate into sheet flow condition as it leaves the site. She thinks that all the adjoining landowners are satisfied also with the fact that the County will have bonds and letters of credit to assure them that this will be done. She stated the plans are in order and she recommends approval.


President Williams asked if there was anyone in the audience to represent the development.


Mr. Jim Biggerstaff and Greg Moore came to podium and introduced themselves. Mr. Biggerstaff also introduced Mark Grimm as one of the adjoining property owners.                           


Mr. Grimm stated that Karan got everybody together on Monday and he appreciated her time and diligence on getting the revisions done. He added that he agreed with Karan that there should be minimal impact on their land and he has no opposition to the project. He further stated he also wants to let the Board know of his appreciation for their time.


Commissioner Conner made a motion to approve the Linwood Subdivision Drainage Plan as submitted, 2nd by Commissioner Baxter. Motion carried 3-0.




Karan stated that at the last meeting Mr. Jack Tubbs presented drainage plans for the replat, which was not really changing any drainage, it was just a formality. She added that he is coming back with a commercial structure on Lot 77A of that replat of Triple Crown Estates and since it is an existing Recorded Plat that was done several years ago and did not require retention there is still no retention required on this. Karan stated that it would sheet flow off of the parking lots and into swales and the ditch that runs along State Road 66. She stated she recommends approval.


Mr. Jack Tubbs came to the podium, introduced himself and stated he was from TQ Development. He stated he would answer any question the Board had for him.


President Williams asked if the S.R. 66 upgrade would affect this property on the development


Mr. Tubbs answered that it was his understanding that it’s the same drainage scheme for Triple Crown Estates when it was built.


President Williams asked for any input from the Board Members or from the public?


Commissioner Conner made a motion to accept the drainage plans as submitted for Lot 77 A Triple Crown Estates, 2nd by Commissioner Baxter. Motion carried 3-0.




President Williams stated that the Covenant to Hold Harmless from Wal-mart has also been continued.




President Williams asked if there were any question s about the claims? He asked if all the work had been completed such as Taylor Ditch?


Karan answered that it was finished and Rod Madden stated that the portion that Aigner Construction did is finished and he assumed that was what the claim was for.


President Williams stated that the Crossbow is the insecticide for the ditches.


Rod Madden answered that it has been the practice of the Drainage Board for a number of years to provide farmers with Crossbow or Roundup if they do the spraying on the Legal Drains. He added that we have had several come in or call and will probably have several more.


President Williams stated the total claims are $5,197.25 and asked for a motion.


Commissioner Baxter made a motion to pay the claims in the amount of $5,197.25, 2nd by Commissioner Conner. Motion carried 3-0.




Karan stated she wanted to discuss this to refresh the Boards memory about the permit from DNR to remove a considerable logjam off of Little Pigeon Creek and in doing so they are going to (a quote has been accepted from a company) wait for dry weather to go in and get it out. She stated that the problem is that a few months ago the Board agreed to allow us to utilize some used culverts that were at the highway to get us across a road side ditch and also a lateral coming into the creek in order to get to the log jam as the skidder has to move the equipment. She added that they thought they were corrugated metal pipes and Rod went out to move them with his personal trailer, but the pipes are way too heavy and we have no equipment to lift them.


Karan asked if the Board would agree to somehow work out a plan where if District 3 had equipment in that area to move, maybe they could take the culverts up and drop one in the ditch and the other one to the side as the logging company can skid the second one back to the site, so she is asking permission to work something out with Vern at the Highway Department when they are available in that area.


President Williams stated that he thought the “GRADALL” was somewhere in that area and he did not have any problem with her office working out something with the Highway Department as long as there wasn’t a definite schedule.


Karan answered that it has to be very dry before the loggers can get in there so it will probably be July or August but she would like to have the pipes on site before they are ready.


Rod Madden stated that the pipes would also have to be picked back up when the loggers are finished with them.


President Williams also stated that he didn’t know if the other Commissioners had been out to look at Pigeon Creek, but it is a major ditch and we have a lot of problems with fallen trees and debris. He stated that DNR has refused to allow us to go in and clean the ditch out.


He added that at the AIC he talked to one of the Attorneys and he wants to find out what makes DNR any different than any other land owner when it comes to legal drains because if any one of us had a legal drain running across our property the County has an explicit right to go in and clean it when it becomes a drainage problem. President Williams stated that Little Pigeon is a very big problem and he wants to find out why DNR is different and he wished this were a wealthy County, as they would let DNR challenge them in court.


President Williams asked the Board for discussion on the matter that the Surveyor has asked for the Highway Departments help?


Commissioner Baxter asked if this needed to be in the form of a motion?


President Williams answered that he did not think so, a consensus would be acceptable.


Karan stated that was fine as long as the Board agrees.


Commissioner Baxter stated he did not have a problem with the Highway Department helping.


President Williams also stated that it would be an availability type job and he also did not have any problem with it as long as the Highway Department Supervisor was okay with it. He also stated that he would call them but he also stated that they were very busy right now but that if your only talking about 2-4 hours it should be ok, but if it will take 2-4 days then it will be a problem.


Rod stated it would be more travel time than anything.


President Williams stated that if they could do it while the “GRADALL” is in the area it would not be that time consuming.






Karan stated the next problem that is not on the agenda for discussion is the problems with McCool Ditch on Alcoa Highway. She added that there was a mistake on the specification and the amount to Erosion Control Blanket was specified as about half of what is needed. She stated her staff is learning how to do specifications and she will take responsibility as she let it go through, but in the meantime they need more material and in addition to that the soil is unusual and there are some major slides going on.


Karan stated that Rod met with North American Green and they are trying to come up with some stabilization ideals to try and work this problem out in one section first to see if it works. She has an estimate to finish the project and she needs the Board’s approval and the cost of the blanket, stakes, labor and max mat will probably be in the general area of $9,800.00. She added that if it would be more than that she would come back to the Board.


President Williams asked if the whole area is unstable or is it just certain areas?


Karan stated that it is where it is being straightened out and when it was pulled over the soil is very muddy and it gathers as it goes and gets very heavy. She also showed the Board some pictures.


Karan added that it will take some thought and money to fix the problem but she also feels fortunate that this is the first major problem they have run into and it is the soil that is the problem, nothing that could be foreseen.


President Williams stated this might be one of those projects that he was talking about earlier that should just be let be, just chop the trees out of the ditch. He added that the 3:1 slope is pretty but maybe sometimes not functional.


Rod added that the problem with the ditch is that it had already slid and that is the reason we started to clean it to begin with so the slide is not anything new per say it had slid in and closed off the bottom of the ditch. He stated that they had to pull the bottom of the ditch out and also tried to straighten it as we went along but its not wanting to stay. Rod also stated that the farmer also does not want to give up any more ground to make less severe slopes.


President Williams asked what type of material are you looking at? A blanket?


Rod answered that it is a mixture of different materials with plastic and imbedded in that is a #9 wire like a fencing with the idea being that with it being thick, dig out the slips and lay this material on there, stake it and put the dirt back hoping it will create enough friction that it will help the slide. Rod stated that this was used in Mt. Vernon at their sewage plant and they had success with it so he would like to try it on a small area as with this time of year there is going to be more rain and we will know shortly if it is worth the money or not.


President Williams stated that would be wise, to find out if it works before covering the whole ditch.


President Williams asked Karan if she was requesting additional funds for McCool Ditch?


Karan answered yes.


Commissioner Baxter made a motion to approve the $9,800.00 additional as requested, 2nd by Commissioner Conner. Motion carried 3-0.


President Williams asked the Board members if there was any other business to come before the Board?


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