MINUTES

WARRICK COUNTY DRAINAGE BOARD

REGULAR SESSION

MAY 28, 2003

3:00 P.M.

 

 

 

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

                                                            President; Carl Conner, Secretary; Don Ashley,

                                                            Attorney for the Board; Karan Barnhill, Surveyor

                                                            And Rod Madden, Deputy Surveyor.

 

ALSO PRESENT:                             Charles Scales, Steve Briscoe, Charles Freudenberg,

                                                            Anthony Long and Andy Easley.

 

 

President Williams brought the meeting to order.

 

APPROVAL OF MINUTES:

 

Commissioner Conner made a motion to approve the minutes of May 14, 2003 as presented, 2nd by Commissioner Baxter. Motion carried 3-0.

 

QUOTE OPENING:

 

PIGEON LOG JAMS ON S.R. 62:

 

President Williams stated that the first quote opening was to take place at the joint Spencer-Warrick County meeting but that the meeting was postponed until a later time.

 

COLES CREEK FILL PROJECT:

 

The quotes were passed down to Attorney Ashley who explained that unless the estimated cost is $75,000.00 or more the Board does not have to adhere to statutory requirements on bid openings.

 

Mr. Ashley opened the first envelope and stated that it was a quote submitted by Jerry Aigner Construction, Inc. for Coles Creek fill project and his quote is $950.00.

 

The second quote is submitted by DG Construction and the project is Coles Creek Fill and the quote is $1,400.00.

 

The next quote is submitted by Warrick Excavating, Inc., and the project is Coles Creek fill with the total quote being $1,500.00.

 

President Williams asked for any discussion from the Board and also asked if all of them were at the pre-bid meeting? It was answered that they were.

 

Commissioner Conner made a motion to award the project to Jerry Aigner Construction Inc., for $950.00, 2nd by Commissioner Baxter. Motion carried 3-0.

 

DRAINAGE APPROVAL:

 

SCALES SUBDIVISION:

 

Karan stated that this was on the agenda last meeting and is located on the corner of Ebenezer & Scales Road with 13 lots, all of which are larger than 4 acres and are draining into an existing drainage system or lakes. She added that the reason it was not approved at the last meeting is because of no representation. She recommends approval.

 

Mr. Charles D. Scales approached the podium and introduced himself. He stated he had nothing to add except that he was waiting on the Boards approval.

 

Commissioner Conner made a motion to approve the drainage plans as submitted for Scales Subdivision, 2nd by Commissioner Baxter. Motion carried 3-0.

 

RISING SUN SUBDIVISION:

 

 

Karan stated they have not re-submitted a re-design of the subdivision at this time so she asked for a continuance.

 

President Williams asked Karan if this item needs to be removed from the agenda or continued until next meeting.

 

Karan stated however the Board wanted to do it.

 

Commissioner Conner made a motion to remove Rising Sun from the agenda until such time as a re-design is submitted to the Surveyor’s Office, 2nd by Commissioner Baxter. Motion carried 3-0.

 

HOLD HARMLESS REQUEST:

 

Karan stated the new Super Wal-Mart that will be located on S.R. 62 are requesting to place their large Wal-Mart sign at the edge of the Right-of-Way and entrance. She stated there is a drainage easement that is shown at this location where a drainage structure goes under the road right-of way and it is extended a short distance onto the lot. She stated she doesn’t know why as she has been there and the drainage structure does not extend out that far. She suggested that in order for them to get their permit Wal-Mart has entered into a Hold Harmless just to say that if it needed to be removed or re-located for any reason for the drainage system of the development they would move the sign. She asked Mr. Ashley if he had any comments on this project?

 

Mr. Ashley answered that he thought the Hold Harmless was appropriate.

 

Karan added that they have submitted all of the paper work and that it is in order.

 

President Williams asked for any discussion from the Board?

 

Commissioner Conner asked if this was not on the agenda at the last meeting?

 

Karan answered that it was, but they didn’t have the covenant prepared and submitted, so it had to be continued.

 

President Williams asked for any discussion from the public on this issue?

 

Commissioner Conner made a motion to approve Wal-Mart’s Hold Harmless request, 2nd by Commissioner Baxter. Motion carried 3-0.

 

GARDNER SUBDIVISION-COMMERCIAL PARKING AREA:

 

Karan stated Mr. Briscoe came into her office wanting to put in a Commercial Lot along S.R. 66 on Lot #3 in Gardner Subdivision and the ditch that runs along S.R. 66 on the South side is a Legal Drain. She added that all of the businesses along there have their signs in the ditch, but Mr. Briscoe wants to put parking within the right-of-entry and he has submitted a Covenant to Hold the County Harmless. She recommends approval.

 

President William asked that Mr. Briscoe does understand that if a problem does occur, that the parking area could be torn out?

 

Karan answered that he does understand that and she had explained that the County has right-of-entry to maintain the ditch. Karan added he is in the audience if you would like to ask him any questions?

 

Commissioner Conner asked Mr. Briscoe if he was wanting to extend the parking space behind the two buildings toward S.R.66 into the drainage easement and is this just going to be blacktop?

 

Mr. Briscoe answered, yes sir and that there are several other businesses that have extended into the easement.

 

Commissioner Baxter made a motion to approve Mr. Briscoe’s request of approving the Hold Harmless, 2nd by Commissioner Conner. Motion carried 3-0.

 

 

 

 

MANN DITCH:

 

Karan reminded the Board of a package she sent to them and that a few months ago Dr. Freudenberg appeared before the Board requesting a Hold Harmless to encroach with the sewer line along Willow Pond Ditch and crossing Mann Ditch. She explained that the Hold Harmless that he provided and that was signed by the Town of Newburgh only has wording in it for Willow Pond Ditch. She has also suggested that they get an agreement that has wording in it for the Mann Ditch crossing as the problem with the Mann Ditch crossing is it actually goes above the flow line and her concern for that particular crossing is that Mann Ditch is in need of repair. She stated that her crew went out this week to survey the ditch and to do the repairs as well as doing work on Willow Pond also. She added that the crossing itself does not bother her as it can be worked around but the problem is with heavy rain is that debris gets into the tree limbs and this may stop up the ditch. She suggested that someone enter into an agreement that says that should there be debris they will be responsible to keep the area clean so that there will not be a build-up and stop the flow of the ditch. She stated that she thought everything was going to be ok, but the problem is that she has talked to Tom Bodkin, Attorney for the Town of Newburgh and they are not willing to enter into that agreement.  She explained they do not want the responsibility of keeping the ditch maintained and keeping debris out of the ditch.

Karan stated that Dr. Freudenberg contacted her again and asked how this could be straightened out. She suggested in a letter that if the Town of Newburgh would enter into an agreement as it will be their line to maintain and should we have to move the line or ask them to move it during construction, they will adhere to that portion of the maintenance of the sewer line, but someone still has to take care of the debris removal from the ditch. She added that Dr. Freudenberg suggested that he and his heirs would be willing to take the responsibility and he did submit a letter that is worded all right that he or his assigns would remove any debris that may collect behind the sewer pipe near the bottom of Mann Ditch, it has been signed and notarized.

 

Karan stated that the problem still exists that when she talked to Tom Bodkin again, who represents the Town of Newburgh, he basically said that he couldn’t add Mann Ditch onto their existing Hold Harmless because that was approved by the Town Council and what she would like to do is get on Newburgh’s Town Council Agenda to appear before them and explain her concerns and to assist Dr. Freudenberg in getting them to sign this portion of the agreement and if that happens then it will all be taken care of. She also wanted to make sure that Don Ashley, Attorney for the Board was in agreement with her wording.

 

Mr. Ashley stated that any time a structure is placed within the right-of-entry of the regulated drain there must be an acknowledgement on the part of whoever is doing it, that this is a regulated drain under the jurisdiction of the Drainage Board and that it is subject to periodic maintenance and their structure is at risk in the event of reconstruction or maintenance that is necessary to the effective function of the ditch, that is basically the purpose of the Hold Harmless and if whatever structure is in there is in any way damaged that the Drainage Board be held harmless from any liability. He added that if the person or entity requesting encroachment within our regulated drain is not willing to comply with our requirements then they won’t be allowed to put this kind of a structure in the regulated drain, that has always been the position of the Drainage Board.

 

President Williams asked Karan if she was willing to work this out with Newburgh?

 

Karan answered that she believes that is where the problem is and she doesn’t know if Newburgh doesn’t want it there or if Mr. Bodkin just didn’t want to commit to making the change without the Town Council doing it in a meeting, so she thinks that’s where his concern is.

 

Commissioner Conner asked Karan if the Town of Newburgh has to sign the Hold Harmless?

 

Karan answered yes, because it is their sewer line, Dr. Freudenberg is assuming the cost of putting it in but the Town of Newburgh assumes the responsibility.

 

Commissioner Conner asked even though Dr. Freudenberg is going to incur the cost; the ownership is going to be in the jurisdiction of the Town of Newburgh?

 

Karan answered yes.

 

Attorney Anthony Long introduced himself and stated that he was representing Dr. Freudenberg and that the Town of Newburgh has already signed, he stated to let him back up and start over. He stated that Mann Ditch as you know, he doesn’t want to tell the Board something they already know, has a 75-foot easement down the side of it to maintain the ditch. He added that this sewer line is lying within that easement. He added that Mann Ditch is a tributary to Willow Pond Ditch. He explained that the line is never leaving, the 75-foot easement for Willow Pond Ditch, Mann Ditch crosses that 75-feet and they go across that. Mr. Long said that the Town of Newburgh has signed everything that they could possibly sign. He stated there is a sewer main Hold Harmless Agreement that has been signed back in November by Ann Rust Aurand that is a Hold Harmless for this sewer line along Willow Pond Ditch. Attorney Long further stated Dr. Freudenberg, at the request of the Surveyor, has committed himself and his assigns to maintain free of debris that section that crosses above the bottom line of Mann Ditch. He added that Newburgh would not agree to do that which has been adequately explained by the Surveyor. He stated that the Hold Harmless that Attorney Ashley is referring to has already been signed by the Town of Newburgh and is on file with you.

 

President Williams answered that he has a copy of one that was signed the 26th of November, 2002.

 

Surveyor, Karan Barnhill stated that the problem is that it does not mention Mann Ditch in that agreement, that all of the wording that is in the agreement does not pertain to the crossing of Mann Ditch.

 

Attorney Long answered that Mann Ditch is coincidentally in your easement, the 75-foot and if they had a board here he could show them the 75-foot easement that Mann Ditch crosses and Newburgh is held harmless and warrants the maintenance of that sewer line in that 75-feet, do you want them to do it twice? He stated that’s what he thinks the position is.

 

President Williams asked Attorney Ashley if Mann Ditch needs to be specifically named?

 

Karan answered that she will admit to that but she thinks that if it crosses another legal drain that drain should also be included in the right-of-entry.

 

Karan then shows the Board where the ditches are on the map and where the ditches cross

each other

 

Mr. Andy Easley broke into the conversation and stated that it is within 75-feet and it is redundant and he doesn’t think it needs to be in the agreement, if you vacated the legal drain status of Mann Ditch you are still under the protection of the 75-foot right-of-way of Willow Pond.

 

Commissioner Conner stated basically it is in this right-of-way of Willow Pond and by way of coincidence it overlaps and what is the space that it is actually overlapping?

 

Karan answered that it comes into the Willow Pond Ditch.

 

Mr. Ashley, Attorney for the Board asked where it crossed the ditch?

 

Karan answered Mr. Ashley’s question by showing him on the map and stating that Mann Ditch intersects with Willow Pond.

 

Commissioner Conner asked what the width of the ditch was?

 

Mr. Easley answered that it was about 40 feet.

 

Karan asked Attorney Ashley that if he agrees that one Hold Harmless covers everything she is fine with that.

 

Mr. Ashley answered what in the world could be their objection to having a Hold Harmless for Mann Ditch, if our maintenance would disrupt this crossing then it would also affect Mann Ditch. He added that he doesn’t understand why they would object if they had already accepted Willow Pond.

 

Mr. Easley stated that Mann Ditch doesn’t need to be mentioned in the agreement.

 

Commissioner Conner stated he tended to agree with Mr. Easley.

 

Mr. Easley stated that it is in the best interest of the public that this sewer line go in and for the health and welfare of the people in that area and as far as Mann Ditch being in the agreement he thinks that the Board is losing their objectivity.

 

Mr. Long stated that is his point also that the legalities have been covered and his biggest problem with Mr. Bodkin is getting him to return phone calls. He added that they have a bore permit that is going to expire.

 

Karan asked when the permit would expire?

 

Dr. Freudenberg answered that it was his understanding that it had expired but they would consider giving him more time but it needs to be done soon. He then asked Karan if she had received a letter from the Health Department.

 

Mr. Long stated that it was his understanding and he might have misunderstood that the only impediment was the debris removal issue and this was why Newburgh would not sign the Hold Harmless.

 

Dr. Freudenberg stated that the Town of Newburgh probably did not want to be bothered by the County every time someone goes by and sees a little trash. He added that Mann Ditch is dry almost all year and if you go behind the Homestead Restaurant now you would be appalled at what you see, there is sewage in that ditch with no water and it very seldom has water in it except in heavy rains. He stated that he was there a few days ago and the ditch was dry and he walked to Willow Pond and it always has water in it and it needs to be worked on but he added that the last time it was worked on a lot of trees were left in the ditch and they keep growing.

 

Dr. Freudenberg stated that as far as Mann Ditch, there is very little water that flows through there and that is why he signed the Hold Harmless, he doesn’t think it’s a problem.

 

Karan answered that she wants Dr. Freudenberg to understand that she is not trying to keep this sewer line from happening, she is just trying to protect the County, which is her job. She added that she thinks all that needs to be done is for her to go to the Newburgh Town Board Meeting and explain the situation to them, that all they need to do is to add Mann Ditch to the Hold Harmless they have already signed. Karan also stated that Mr. Bodkin acted like it wasn’t going to be any problem for them to do that, its just a matter of getting on the Town Council’s agenda. She is trying to help Dr. Freudenberg with this project.

 

Dr. Freudenberg stated he did not like to be derogatory but he said Karan told him that if he would sign the Hold Harmless she would consider the other Hold Harmless satisfactory and he hand carried it to her the next day, she stated that she thought it looked ok, but she would have to show it to the Drainage Board Attorney and then he gets a letter that basically goes back to where this all started. He also stated that he finally got ahold of Tom Bodkin and made his secretary angry because he was on the phone and Dr. Freudenberg stated he would hold, and then the secretary came back and said he was gone to lunch and would be busy all afternoon with appointments. She told Dr. Freudenberg to call Mr. Bodkins assistant which he did and asked the assistant to fax the papers to Dr. Freudenberg so that he could look at them and was told that he would have to ask Mr. Bodkin’s permission. Mr. Bodkin finally called him and in a nice manner told him that Newburgh, in his opinion was not interested in signing the Hold Harmless because of item 2 and that he himself would advise them against it. He told Karan that is exactly opposite of what she is saying.

 

Commissioner Conner asked if the Board would agree to go ahead and accept what they already have without any approval from the Town of Newburgh, what is the worst downside?

 

Mr. Ashley answered that in maintaining a ditch if the line would be ruptured and cause damage to landowners as a result of flooding or overflowing and he suspects that they would look to the Drainage Board to repair it.

 

Commissioner Conner stated that Dr. Freudenberg is taking over the responsibility of keeping it clean.

 

Mr. Long stated that from what Mr. Ashley says, he believes that paragraph 4 of the Hold Harmless says that Newburgh covenants and agrees to hold the Warrick County Surveyor, Warrick County Drainage Board and any representatives harmless for all liability, personal injury or property damage incurred in connection with the placement, maintenance, use or repair of said utility line shall be the sole responsibility of the said Town. He added that they have accepted the ditch, so its their line, it has already been signed and on file.

 

President Williams stated that he understands the problem, but he would like to see Mann Ditch named and he understands what Mr. Long is saying about being covered in the 75-foot.

 

Mr. Ashley stated that he can’t conceivably understand if they signed it for Willow Pond, which is really the major conduit for the sewer line, why they would possibly object to relieving us from responsibility in maintaining it at the crossing of Mann Ditch. He does not think this agreement covers that and why speculate whether it does or does not when Mr. Bodkin indicated to Karan that there was no particular objection to it.

 

Mr. Long stated that the way it is worded, he would interpret it to mean that the Town of Newburgh is going to maintain where it crosses the ditch and they don’t want to do that.

 

Mr. Ashley answered that very well may be.

 

Mr. Ashley stated that the debris is not the problem, that has been taken care of.

 

Mr. Long asked where in the Hold Harmless do you not think that the Town of Newburgh under their contract with the Warrick County Drainage Board does not say that they have the sole responsibility for any and all liability for personal injury or property damage incurred in connection with the placement, maintenance use or repair of said utility lines shall be the sole responsibility of Newburgh who covenants and agrees to hold the Warrick County Drainage Board harmless.

 

Mr. Ashley asked Mr. Long if he thinks that covers any sewer line?

 

Mr. Long answered, this line.

 

Mr. Ashley stated that is the Willow Pond Line; this also crosses another regulated drain.

 

Mr. Long asked, but is it not the Willow Pond line for the 75-foot of the Mann Ditch line, what is it there? Does it stop being one and you are the experts in this area.

 

Mr. Ashley stated again why get hung up on semantics when very easily all they have to do is include the crossing of Mann Ditch.

 

Mr. Long asked but what if they won’t for whatever reason he has.

 

Mr. Ashley asked Mr. Long if he had indicated to Karan any objection to signing this Hold Harmless?

 

Karan answered that Mr. Bodkin stated that he couldn’t make that decision, that the Town Council would have to make that decision and she even told him that Dr. Freudenberg was willing to take care of the debris removal, so that was not an issue and even if he wanted to do a separate Hold Harmless that says Mann Ditch and leave out item 2 which says impedes and damages the flow, that we would probably even except that, but he would not take the responsibility and stated it would have to go before the Town Council.

 

Mr. Long asked Karan if Mr. Bodkin said he would recommend it? Mr. Freudenberg started to answer the question, but Mr. Long told him to calm down, that he understood that he had thousand of dollars going down the tubes. Mr. Long also stated that he did not think that Mr. Bodkin would recommend it as he had not recommended it as yet, how long has it been on the agenda?

 

Karan answered that it has not been back to the town council since this last meeting and they have not ever talked about this Hold Harmless in a meeting and this is why she thinks this is kind of a mute point and everyone bickering over something that can be taken care of in one council meeting. She added that she believes they will accept it once 

she explains and takes out that one clause. The Town of Newburgh just doesn’t want to be responsible for clearing out the debris.

 

President Williams asked Mr. Long if Mr. Bodkin knew that Dr. Freudenberg had agreed to take care of the debris issue?

 

Mr. Long answered yes sir.

 

President Williams asked Mr. Long if Mr. Bodkin told him that personally?

 

Dr. Freudenberg answered that he told him that on the phone.

 

Mr. Easley asked what would happen if this ditch that is named Mann Ditch was an unnamed tributary to Willow Pond?

 

Karan answered that if it is not a regulated drain the Drainage Board has no jurisdiction over it.

 

Mr. Easley stated that this area is within the 75-feet and you have to work on Willow Pond channel, you have the right to go 75-feet and re-work that intersection channel is that correct, because it is within the 75-feet. He doesn’t understand why it has to be mentioned in the agreement.

 

President Williams asked Mr. Ashley what if it was an unnamed tributary?

 

Mr. Ashley answered that if the issue is that the Town of Newburgh absolutely refuses to sign this agreement that Karan is referring to, he thinks that the Board can address that and there are considerations, but what he is hearing is that it will be approved.

 

Commissioner Conner stated that based upon his experience with the parties that have been mentioned here that have been or will be involved, he probably would not agree with what Mr. Ashley is saying and he does not mean any disrespect.

 

Mr. Ashley again stated that if they signed the Willow Pond agreement what possible reason could there be for them not signing the Mann Ditch agreement?

 

Mr. Long answered that he thinks it is because of the clause with the debris removal.

 

Karan stated that if she takes that paragraph out and tell them that Dr. Freudenberg has assumed that responsibility they should have no problem whatsoever.

 

Commissioner Conner added that there is no sewer there at the moment.

 

Dr. Freudenberg asked Karan about the letter from the Health Department and also asked Karan if she has been behind the Homestead Restaurant lately?

 

Karan stated that she agreed it was a mess and also a health issue, but she is not trying to keep him from putting in a sewer line, she is just trying to protect the County that is what her job is.

Dr. Freudenberg stated that he understands her position, but what she is doing…

 

Karan answered that it is not her doing it personally as a vendetta against anyone it is what the past experiences have shown the Board what to do and what past Boards and Attorneys have recommended her to do to protect the County.

 

Karan then proceeded to read a letter from the Warrick County Health Department:

May 27, 2003

To Whom It May Concern:

It is the opinion of the Warrick County Health Department that sanitary sewers for the areas west Highway 662 in the Burdette Lane area would be a tremendous benefit, not only would it benefit those citizens in the immediate area but the County as a whole. We would like to encourage the Town of Newburgh to consider this opportunity as it weighs its options. Septic systems are not a very practical solution with minimal land for repairs and a sanitary sewer would be a welcome and necessary addition to this area of the County. If you have any questions or if I can be of any assistance, please feel free to give me a call. Thank you Aaron Franz, Environmental Health Specialist.

 

Dr. Freudenberg stated that the next thing is that the state is not going to allow him to bore underneath the highway.

 

Mr. Long stated that is what worries him most as the bonds are going to have to be redone and the expense of that just goes on and on.

 

Dr. Freudenberg told of the bids that were already accepted a year ago and doesn’t know if they are still going to honor them. He added that if this had been accepted earlier he would have just had to bore under one lane now he has to bore under two. He also stated that he was also looking at this as a concerned citizen would and what was happening with the debris issue is minimal to the health issue and he thinks it is about time he looked in the mirror.

 

President Williams asked for discussion.

 

Commissioner Conner stated that to be perfectly frank and no disrespect meant to Mr. Ashley, but he thinks this discussion is over something minute and something that we basically need to ignore and he thinks that the Board needs to approve the Hold Harmless that they have so Dr. Freudenberg can start developing this sewer line and if you want this in the form of a motion, then he would make what he just said in a motion.

 

President Williams asked for a second to Commissioner Conner’s motion?

 

President Williams stated that he had a question? We have a Hold Harmless on Willow Pond Ditch and we can still approve this one and go to the Town of Newburgh and ask for the Hold Harmless on Mann Ditch, can we not do that?

 

Mr. Ashley answered yes, that can be done.

President Williams stated that is what he would like to see done, approve the Hold Harmless on Willow Pond and then go to the Newburgh Town Board and see if we can get a little more specific on the language for Mann Ditch with maybe the debris issue out of it, as he would like to have the ditch covered by name and with that said he seconded the motion made by Commissioner Conner. He also stated that he would like for Karan to try and get the second Hold Harmless. Motion carried 3-0.

 

Mr. Long stated that Dr. Freudenberg would volunteer to go to the meeting if someone would tell him when the Newburgh Town Council meets to confirm his commitment in writing to keep the debris issue out of the Hold Harmless.

 

Dr. Freudenberg also stated to Mrs. Barnhill that if Newburgh would sign Mann Ditch and he will tell you what Mr. Bodkin was against and it was the debris collecting behind the pipes and if you take that out of the Hold Harmless, he thinks that Newburgh will then sign it. He added that its really late in the game saying that they will do that because Tom Bodkin apparently has held this for 3-4 months and he is not saying who is at fault, but he has tried to call him at least a half a dozen times, why won’t he answer him? He understands that he made his secretary very angry.

 

Karan stated she would call Mae Mason this afternoon and get on the agenda and not go through Mr. Bodkin and she will contact him with the date and time.

 

Mr. Long and Dr. Freudenberg thanked the Board for their help and Mr. Long also congratulated the Board on how well the meeting room looks.

 

ESKEW ROAD FLAP-GATE:

 

Karan stated that she supposes that Vern and Steve have presented to the Board a design for the headwall for the Flap gate at Eskew Road and according to Carl’s instructions has presented a cost estimate. She added that Vern has apprehensions as to the construction and the cost of construction and the Highway Department having time to do it. She also spoke with Don on the phone and he suggested it be brought back to the Board that if it is appropriate and if Attorney Ashley agrees that Cumulative Drain Funds can be used to pay for this and also that the Board wishes for the Surveyor’s Office to spec it out. She stated it can be done, but she wants to sit down with Steve or Bobby and go over the actual construction of the design. She doesn’t exactly understand the design and she wants to make sure that everybody understands it.

 

Commissioner Conner stated that he basically thinks that spending $14,000.00 of Highway Funds to put this flap gate in is totally inappropriate especially with us having the short fall and with Cumulative Drain having the money which is my understand is tax dollars for this very purpose and he does not think that the County Garage should have to install it. He added that bids should be taken and the Board should decide who receives the bid. He also told Mr. Ashley that he did not see a problem with the Board spending those funds for this purpose.

 

President Williams stated that it is definitely in the 75-feet right-of-entry and heading right into the legal drain and it is the legal drain that is backing up. He added that the work is being done to keep the legal drain from backing up.

 

Mr. Ashley answered that it is his understanding that the structure will be within the area over which the Drainage Board has jurisdiction and he thinks that it will be appropriate.

 

Commissioner Conner made a motion that this project be installed by the County Surveyor and that the funds be utilized in her budget to pay for the construction and the installation.

 

President Williams asked Karan if she would come back to the Board when she gets the specs.

 

Karan answered yes and she wants to see what is actually designed and why it has to be so big and also she wants to understand the design before she makes any decisions.

 

President Williams suggested that she also contract an engineer.

 

Karan stated she had an engineer on staff, a L.S. & P.E. so she can get his assistance.

 

President Williams stated there is a motion on the floor, he needs a second. Commissioner Baxter 2nd the motion. Motion carried 3-0.

 

President Williams and Karan both agreed that this would probably be finished earlier by doing it this way.

 

CLAIMS:

 

President Williams asked the members of the Board if they had examined the claims and if there were any questions? He added there were stipends plus Cypress Creek and McCool Ditch, grinding and mowing of Seitz Ditch. He added that he had asked Karan about the Water tank from Rural King and she explained it was for the weed killer to spray the legal drains and the co-op chemicals for the farmers to also spray the legal ditches where they farm with the total of the claims being $8,409.43.

 

Commissioner Conner made a motion to approve the claims as submitted in the total dollar amount of $8,409.43, 2nd by Commissioner Baxter. Motion carried 3-0.

 

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

 

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