MINUTES

WARRICK COUNTY DRAINAGE BOARD

AUGUST 13, 2003

REGULAR SESSION

3:00 P.M.

 

 

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

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

††††††††††††††††††††††††††††††††††††††††††††††† ††††††††††† Attorney for Board and Karan Barnhill, Surveyor.

 

 

ALSO PRESENT:†††††††††††††††††††††††††††††† Jim Morley, Jr., Jerry Jones, James Garrett, Ray

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Allen, Jerry Jones Steve Wilhelmus, Chuck Winger,

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Bill Bivins, Walter Phillips, Monte Williams and

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Andy Easley

 

 

APPROVAL OF MINUTES:

 

Commissioner Conner made a motion to approve the minutes as presented from July 23, 2003, 2nd by Commissioner Baxter. Motion carried 3-0.

 

 

CYPRESS CREEK SLIDE BID OPENINGS:

 

President Williams stated the next order of business was the opening of bids for Cypress Creek.

 

Karan stated there was only one bid to open.

 

President Williams asked if there were more than one invitation sent out, with only one response.

 

Karan answered that was true. She also added that the quote would be for labor only as her office is going to purchase the materials to bring the cost of the project down.

 

Mr. Ashley opened the quote and stated it was from Jerry Aigner Construction, Inc., the bank slide on Cypress Creek South of Jenner Road and the quote submitted to the engineers specifications in the amount of $42,700.00.

 

Commissioner Conner stated his first question to the Surveyor is why does the Surveyor think there were no other quotes submitted other than from Jerry Aigner?

 

Karan answered that it is a specialty type job to repair the bank slide that happened during wet season and they need to use a long reach machine and not very many contractors have that type of machine. She added that the others called her and stated that they didnít want to rent this machine and also another reason is because we are using reno mattresses and terra mesh units which a lot of contractors are not familiar with and did not want the job.

 

Commissioner Conner asked if we went through the routine advertising process or knowing what she just expressed that we have a situation that is somewhat unique and different, did we do something different than we normally do for purposes of talking to contractors that we knew that had the ability to do this job?

 

Karan answered that is exactly what she did knowing that it was a specialized job and that it was going to take a special type contracting company that could do it with the proper labor and equipment. She added that she chose 4 contractors to send the specifications to and it was the four larger companies that have the equipment.

 

Commissioner Conner asked if they were all local contractors?

 

Karan answered that it was 2 out of the county and 2 in the county.

 

Commissioner Conner stated that he was not too comfortable in supporting the bid of $42,700.00 from one contractor without having any other bids submitted by anyone, if we were talking 10 or 12 thousand he may feel different but not for $42,700.00.

 

Karan stated that she did not expect it to be that high.

 

President Williams asked her what she thought it might be?

 

Karan answered that she thought it might be about $20,000.00. She added that is why she chose to purchase the materials separate so we wouldnít get the 25% mark-up.

 

Commissioner Baxter said he was trying to remember how the quotes came in the last time on this job?

 

Karan answered they were low.

 

Commissioner Baxter stated they were lower than this one.

 

Karan explained that now they had to do bank stabilization and everything for the dam and this means digging out all of the extra riprap that slid in because it was so wet, so now they are having to dig down to the sandstone bottom to place the units on.

 

President Williams asked if they were going to put any gabions in?

 

Karan stated these were like gabions except they have a tail that goes back into the bank and you backfill over the tail so that it holds them in place. She added that they were afraid the gabions would tend to slide with the mud and with the lake on the other side it is just so gooey, it has a tendency to slide so we needed to have something that would stay and the tails are put in the bank, stapled, backfilled with rock and then filled with dirt.

 

President Williams asked the Board for any other questions?

 

Commissioner Conner suggested that this be re-bid and for there to be a concentrated effort as Karan has shown in contacting other contractors and maybe instead of contacting 4 we should contact 8. He added that he didnít even know if there are 8 contractors out there that would be equipped. He further stated it is his opinion that to approve a $42,700.00 bid without any other bids for comparison purposes, there is no way he would support that.

 

President Williams asked if that was a motion to re-bid the project?

 

Commissioner Conner stated he would be happy to make to motion that we re-bid the project, 2nd by Commissioner Baxter. Motion carried 3-0.

 

 

TANGLEWOOD DITCH-TREE REMOVAL:

 

Karan stated there was also only one bid for this project.

 

President Williams explained to the Board that the reason for removal instead of grinding is because it is located near a subdivision.

 

Karan stated that it is near a subdivision cul-de-sac and several houses in close proximity and the brush and the grinding would possibly damage their homes so she chose to get a tree removal service to actually remove the trees.

 

Commissioner Conner asked if this was the main ditch that runs through Tanglewood Subdivision that had to be sand bagged.

 

Karan answered that it was right where the riprap was placed on the bank.

 

President Williams stated he was just there yesterday and it is pretty grown up.

 

Don Ashley, Attorney stated the proposal submitted by S & S Tree Service to remove 8 large trees and 1 small tree along Tanglewood Ditch marked with orange xís, there are 6 catalpa trees, 1 maple and 1 cherry, clean up and haul away leave stumps, the proposal is for $6,940.00.

 

President Williams asked if there were any questions from the Board?

 

Commissioner Baxter asked if there were specs sent to 3 other tree removal companies?

 

President Williams answered yes, but this was the only response we received.

 

Commissioner Conner stated his opinion is that $6,900.00 is more reasonable than $42,700.00 and he feels more comfortable in supporting this bid even though he would like to have more than one bid, he made a motion to accept the bid from S & S Tree Services in the amount of $6,940.00 to remove the trees on Tanglewood Ditch, 2nd by Commissioner Baxter. Motion carries 3-0.

 

DRAINAGE APPROVALS:

 

WYNTREE VILLAS PRUD:

 

Surveyor Karan Barnhill stated this development is a planned residential unit that is located behind the Show Place Cinemas on Bell Oaks but actually on Wyntree and Merchant Drive. She added that they have an approved drainage plan for the original subdivision but they are diverting and changing the retention basin from a dry basin to a wet basin. She explained that they did not need drainage plans as it is already an approved subdivision, however, they did supply a drainage calculations and a design for the retention basin changes. She recommends approval.

 

Mr. Jim Morley, Jr., explained that the way the drainage basin sets now as a dry basin, it is overgrown with trees, this revision will help the looks of the project and the developer wants to put a lake in so itís a win win situation for both parties. He added that the development gets a nice lake to look at and the storage has about doubled in the capacity the lake will hold, so it will hold twice the storm water than what was originally designed.

 

President Williams asked if this would be better for drainage control?

 

Mr. Morley answered yes.

 

President Williams asked for any questions.

 

Commissioner Conner asked where this project location was with Karan explaining that it is in front of the development, which would make it Bell Oaks Drive.

 

Mr. Morley also explained that there is no lot 25 as the lake will be entirely on Lot 25.

 

Commissioner Baxter made a motion to approve the amended drainage plans for Wyntree Villas PRUD, 2nd by Commissioner Conner. Motion carried 3-0.

 

WOODFIELD SUBDIVISION:

 

Karan stated this is a residential subdivision that consists of approximately 127 lots and is located West of S.R. 261, North of and abutting Jenner Road. They have designed two retention basins, both of which are oversized with what is required for a 50/5 retention. She added that they are containing all of their water, which is draining to a retention basin and being released. She recommends approval as it meets with all of the requirements.

President Williams questioned that they are using an existing lake and then creating a retention pond?

 

Mr. Morley answered that the existing lake sits on ground that is owned by the Allens and Clarks that they are not intending to develop at this time on Old Plank Road so that lake will not be utilized. He added that the lakes that they are adding are oversized from what is required, this is also the property that came up for rezoning a couple of months ago and at that time there was some concerns about some drainage on the S.R. 261 and Jenner Road intersection, so we oversized the basins to help out that end of it. He explained that there was also some concern from one of the neighbors on Plank Road where he has some field tiles that go down across the property and he wanted to make sure that it would be maintained in working order so we added a detail on how it would be maintained with a perimeter swale around the subdivision and tie the field tiles into the swale so it will continue to be in working order.

 

President Williams asked for any comments for the Board or the Public?

 

Mr. Bill Bivins, Engineer and Surveyor from Warrick County representing Walter Phillips who is an adjacent landowner stated that basin #1 drains directly into the ditch that runs along the North side of Mr. Phillips property and what they are doing they have no problem with the design except that the water is all going to be concentrated in that ditch. He added that since they have cleared the fields off it is already starting to show some deterioration. He also stated that it is not a County ditch, it is a private ditch, he would like the developer to riprap the ditch out to the highway in order to control the erosion they will cause.

 

President Williams asked what the distance of the ditch is?

 

Mr. Bivins answered that it was about 300 feet.

 

Mr. Phillips also stated that it has held up for 30 years and he does not want it to erode, he would like to keep his acre the way it is. Mr. Phillips also told of how the water has run the years he has lived there and he would appreciate any help that the County could give him.

 

Karan stated that she has spoken with Jim Morley, Jr. about this problem, she then asked Mr. Morley if his client was willing to improve the ditch with this development?

 

Mr. Morley answered that he had talked to Karan prior to the meeting and he had looked at the basin and there is really no choice where the water shed goes. He added that the developer has not started doing any clearing work as yet, but they are going to put riprap at the discharge location at the pipe as an energy dissipater to prevent erosion. He further stated they will install erosion control measures to prevent sediment from leaving this site which is required &there is also an erosion control plan to prevent the ditch from being filled with sediment. He explained that they feel 300 feet of riprap is a pretty large expense in a ditch that we do not intend to increase the runoff into if anything because the lakes are oversized the runoff rate will be decreased into that ditch. He added that all of the water that is going into the ditch after this development is finished is the same amount that is going there now only at a slower rate.

 

Commissioner Conner said basically what you are saying is contrary to what Mr. Bivins is saying, that the water is not going to be draining through there any more than it is at the present time based upon the development.

 

Mr. Morley answered yes and that is per your drainage ordinance, the Board requires that. He added that he can only release at the 5 year undeveloped rate and that is what the ordinance is and they have went above and beyond the ordinance and oversized the basin so that pipe in reality probably will not even release at the 5 year undeveloped rate.

 

Commissioner Conner stated but that water is going to be released on private property into a private ditch, is that correct?

 

Mr. Morley answered that it will be released into a ditch and under State Drainage Law it allows for you to release concentrated flow into an existing ditch, this is based on a State Law and it is water that is already going there now, we are not taking water that is not going there now and putting it there, we are not adding to it, it is simply that the water that is there now will be in the ditch later only at a controlled released rate and probably less than the 5 year existing conditions.

 

Commissioner Conner stated but it is a private ditch.

 

Mr. Morley answered that it is a natural waterway that is governed under Indiana State Drainage Law as being a permissible release location.

 

Commissioner Conner asked what the estimated cost to the developer would be if he would agree to fix the gentlemanís ditch the way he feels it should be fixed?

 

Mr. Morley stated he wasnít aware of this problem until about 15 minutes ago, so he does not have an estimate for the Board. Mr. Morley added that he would hazard a guess of about $5,000 to $6,000.00 which is a considerable amount of money, but he hasnít looked at the ditch as it sits today. He further explained that as for the way the law is set up it is where the water is going now and where it is supposed to go after development and they have met with and exceeded the Warrick County Ordinance to prevent it from adding water to the ditch, so therefore the ditch would only received what water it is receiving now and possibly less.

 

President Williams stated in looking at the plans he feels that the two basins are fine and an acceptable size, but he does have a concern with the erosion that Mr. Phillips has described and he would personally like to see the developer do something there. He stated he would like some sort of commitment that the ditch be rip rapped, maybe not the whole 300 feet but certainly enough to slow down the water so it will not erode the back of the two land owners property.

 

Mr. Morley answered that would be fine they could put in a section of riprap which will allow that energy to dissipate out.

 

Commissioner Conner asked if the owners would agree to that?

 

Mr. Bivins stated that the difference is the fact that now the water is coming on a wide area down to that ditch and now we are going to shoot it right down the ditch, so even though the water will be coming at a slower rate, it will be more concentrated and the ditch really needs some protection even though it is a State right-of-way.

 

President Williams asked if Mr. Bivins thinks that riprap will take care of the situation?

 

Mr. Bivins and Mr. Morley both agreed that it should take care of the situation.

 

President Williams asked Mr. Morley how long it would take for him to get a commitment from the developer to do that?

 

Mr. Morley asked Mr. Bivins if he thought50 feet would take care of the ditch?

 

Mr. Bivins answered no, that he thinks it needs to go to the right-of way.

 

Commissioner Conner started to make a motion but President Williams wanted to ask if there were any other comments from the public. Commissioner Conner apologized.

 

James Garrett who resides at 6566 Jenner Road has two concerns with the development. He stated that the way he understood there is going to be a berm around the property to retain the water within their boundaries the road going into the subdivision off of Jenner Road adjoins his property. He added that the road will have to be elevated because that is where the water flows and he wonders if the road is going to block the water so that when it rains it will not flow to the retention ponds also the water flows from other properties and the ditch (or what is considered a ditch) when it rains hard it gets about a foot deep.

He explained that he doesnít want to see them do anything that would make the water flow onto his property as that is where his field bed for his septic system is located. He doesnít understand how they are going to put the road in and also allow the drainage to flow, as there is a lot of water that flows when it rains. He just doesnít want any more water on his property than he already has.

 

Mr. Morley stated that he has spoken with the developer and he would be willing to riprap the ditch to S.R.261 if the Board feels that is what is necessary.

 

President Williams answered this should assure proper flow gets through the ditch.

 

Mr. Morley stated that is assuming they get permission from the adjoining landowner. He also asked permission to step forward and show the Board on the plans how this will be taken care of.

 

Mr. Morley explained to the Board and Mr. Garrett how the pipe was going under the road and also stated that all of the water on the surrounding properties was taken into account when the did the calculations.

 

Mr. Garrett asked what the size was of the pipe going under the road?

 

Mr. Morley answered that it was a 30-inch pipe and added that it is one of the larger pipes.

 

Mr. Garrett asked about the berm being around the development?

 

Karan answered that there will be a swale and the water will be directed to the storm inlets.

 

Mr. Morley also stated that the plan will gather all of the off site water with the perimeter swale and route the water into the pipes to take it on into the basins.

 

President Williams asked Mr. Garrett if his questions had been answered?

 

Mr. Garrett stated that he did not feel it was going to be enough drainage for the amount of water that comes out of the fields.

 

Mr. Morley stated that one of the requirements that Steve Sherwood, Warrick County Engineer requires that they put in an additional 10% in all the pipe inside the subdivision so that the pipe itself is not even at capacity. He added that in reality the pipes exceed the 50-year storm and with the extra 10% it probably puts it in the 70-year storm capacity. He explained that the pipe was sized for the existing ground and the area and then the developed ground on site and he stands by his calculations on the pipe sizing.

 

Mr. Ray Allen who resides at 1088 Old Plank Road and who owns 45 acres in that area stated he would like to dispel some of the neighborís premonitions. He stated he has owned that property for 25 years and portions of it was wooded when he purchased it, they have cleared a lot of trees and have put in 2 field drainage tiles and also have done some ditch work. He explained that he is under no restrictions on his water and he tries to get the water off of his field as quick as he can because that is what farmers do as once the ground gets saturated they want the water to go someplace else. He said for 25 years he has done everything he can to push that water off of his property as quick as he can, but now he has a development coming in that is going to retain the water. Mr. Allen said he knows that it is hard for the neighbors to realize but in this County the specifications we use for the run off of a farm field is approximately the same as a run off of a subdivision, so on the 45 acres he has been letting it go as fast as possible, but the developers will retain the water.

 

President Williams thanked Mr. Allen for his comments.

 

Mr. Chuck Winger who resides at 988 Plank Road stated he is the property owner they were talking about earlier with the drainage tile that he had concerns about. He stated the only concern he has now is that he did not know about the drainage swale around the perimeter of the neighborhood, is that going to be like a berm and dam up the water on him or is it going to be a ditch? He added that his drainage tile is 46 inches deep so he would assume that there would have to be a pretty substantial ditch at the back of his property and who is going to take care of the ditch, will it be rip rapped? He also stated that he is sure that the drainage tile will be cut off on the end of this neighborhood somewhere and thatís fine as long as the water leaves his property like it is now.

 

Mr. Morley answered that the swale is not a berm it is all cut in and what they have proposed on the perimeter swale in some areas could possibly be about 42-inches depending on where itís at along side because of a back slope that is cut on those lots. He further stated that if the swale is above where the drain tile is the detail that is on sheet 24 or 25, what they have done is take the drain tile and basically make it like a P-trap under a sink and taking it with the same size pipe and turning it up and putting a flapper valve on top of it so his water on his ground would roughly be 2-3 feet above the flapper valve so that it will work like the p-drain under a sink and come down and out into the swale. He added that they have put a flapper valve on the top to prevent it from becoming clogged and raised it above the flow line of the swale so that its not consistently under water. Mr. Morley stated that the field tiles should work fine as it sits today, the typical cross section for the swale has 3:1 side slopes and riprap should not be necessary with the 3:1 sloped bank as there is adequate stabilization with grass.

 

Mr. Winger stated that the purpose of the field tile wasnít like a ditch or a toilet where you are ejecting water; this is soaking up ground water and then releasing it as the water filters into the pipe. He added that if you put a P-trap in, it is going to hold water until it is above the trap to where it can push it out through the flapper valve, and further asked if it would keep this ground wet until this time in the summer when itís hot and dry? He explained that he did all this work so he could mow grass in that area as it used to have cat tails and was a mess, he has spent a lot of time and money on this area.

 

Mr. Morley stated that because the swale is lower than Mr. Wingerís ground he will get the same effect that he has now, it will dry the area out and the development should not change it. He explained that this system will require no maintenance and is on the gravity system, it will also dry out the ground in the area. He also stated that the development is lower than Mr. Wingerís ground and when those lots are prepared they will have a slope in the back yard in which the swale is put at the bottom of the slope and that will allow for Mr. Wingerís lawn to remain dry.

 

Mr. Winger asked if the standpipe would be left where it is now or covered over? He added that the pipe is actually on the developerís property.

 

Mr. Morley stated that is where the end of Mr. Wingers system, is that correct?

 

Mr. Winger answered yes, and that as long as the pipe stays where it is, it wonít be any worse than it is now and he does not have a problem with that.

 

Mr. Morley stated this was talked about at the rezoning meeting and Mr. Williams wanted to make sure this was addressed so your ground would not be swamped.

 

President Williams asked Mr. Winger if his concerns had been addressed?

 

Mr. Winger answered as long as they do what they say.

 

President Williams stated that it is on public record if that is any help and if there is any civil action that needs to be taken it is on public record.

 

President Williams asked if there was any more discussion on this matter?

 

Mr. Jerry Jones who resides at 1291 Hwy. 261 wanted to know if the landowners could tap into the drainage system that is going to be put in.

 

Karan asked what he meant by tapping in?

 

Mr. Jones wants to tap into the water system as they now have a septic system and he wanted to know if he could drain into the sewer.

 

Mr. Williams answered that the sewer company would have to deal with that question?

 

Mr. Jones then asked if they were running a drain pipe through there if city water would go through there?

 

Mr. Williams answered that they will have sewer and water going through there.

 

Mr. Morley answered Mr. Jones question that in Warrick County you must have a split sanitary and storm sewer system, there is a sanitary sewer that runs along the back of the houses that dump into 261 direct but you would not tap the sanitary to the storm system.

 

President Williams asked if there was any more discussion?

 

Commissioner Conner made a motion to approve the drainage plans for Woodfield Subdivision with the stipulation that the owner riprap the ditch in question over to Hwy. 261, 2nd by Commissioner Baxter. Motion carried 3-0.

 

HERITAGE PLACE SUBDIVISION-DISCUSSION:

 

Karan stated she had spoken with Mr. Monte Williams new engineer, Andy Easley and he has expressed to her that Mr. Williams is desirous of filing a new drainage plan that will be for his commercial building on the parcel that would be North of Wildwood and on that plan he is going to design a retention basin. She added that the retention basin will be designed to release into the ditch that was the concern at the last meeting, Mr. Easley stated he would talk to Mr. Williams about cleaning out the ditch.

 

Karan made a recommendation that the ditch be cleaned before any plan is approved to allow the discharge of his retention basin into that ditch. She added that she thinks this will take care of all of the concerns.

 

Mr. Monte Williams stated he doesnít hear well and added that his problem with this is that the ditch is not on his property.

 

Karan answered that she did not know whose property it is.

 

Monte Williams said he is stating that, he added that the Surveyor put stakes on the borderline.

 

Karan answered that she just roughly put the stakes where she thought the approximate line would be and that was just for her purposes only, not to stake any property lines.

 

Monte Williams also stated that the entire ditch is not on his property.

 

Karan asked that it was into the berm is that not correct?

 

Monte Williams answered that when she says berm, the area is level all the way over to the ditch, and he stated he doesnít understand what he means by berm there?

 

Karan asked that is the area that has been filled?

 

Monte Williams answered that the entire area has been filled.

 

Karan stated exactly.

 

Monte Williams stated about 200 feet of it from North to South.

 

Karan stated that the fill that has been placed there has blocked off the natural drainage of the subdivision and that is where the problem is.

 

Monte Williams answered that he did not see how it could because he is over to the line and the ditch begins there.

 

Karan asked if her conversation with Andy Easley saying that him telling her that you would be willing to clean the ditch out to get it to get it to drain so his retention basin could drain to that ditch is not true?

 

Monte Williams stated that he did not know what conversation she had with Andy Easley.

 

Karan asked if Andy Easley had called him and explained this to him.

 

Monte Williams answered that he did talk to Mr. Easley but he did not mention that. He added that he is aware that the ditch is not on his property.

 

Karan stated that she would make this suggestion since the conversations seem not to be together, why doesnít the Board continue this matter to another meeting to give herseld, Monte & Mr. Easley an opportunity to come in and meet with her to try to resolve the issues. She asked if Andy Easley was Monteís engineer?

 

Monte Williams answered that was correct.

 

Karan stated she thinks that would be the thing to do so that Monte can show her what he wants to do and decide how this could best be handled.

 

Mr. Williams stated this is the second meeting that he has attended, then there would be the third and he thinks that this could be handled on a 3-way telephone conversation.

 

Karan stated that would be fine so that everyone would be on the same page rather than trying to relay information back and forth.

 

Monte Williams wanted to know what her recommendation is on that as it puts him working on someone elseís property and he is quite uncomfortable in doing that.

 

Karan stated that the problem is that these people are complaining because you have blocked off their ditch, she doesnít think they will have a problem with him taking the debris and berm out of the ditch so it can drain.

 

Monte stated that the problem came up because the invert on his outlet is 18-inches below his ditch, he doesnít know if he blocked off their ditch because he is not responsible for the blockage in the ditch.

 

Karan asked Mr. Williams if he didnít call her in the May rains and ask her to go out and have the debris removed because it was causing a drainage problem? Are you not the one who called her?

 

Mr. Monte Williams answered yes that he called Karan.

 

Karan answered so it is obviously causing a problem or is it not causing a problem?

 

Mr. Williams answered that it is causing a problem and since then even more dirt has been dumped into his ditch by the excavating company that is using the lot next door.

 

President Williams stated that there seems to be a lot that needs to be sorted out and he doesnít see it happening today, he suggested that they hook-up with the 3-way phone needs to be done to get something worked out.

 

Monte Williams stated that if the ditch can be diverted he has no problem with that and that it is not blocking water for the main flow down the ditch, which is up a steep hill.

 

Karan suggested that Mr. Williams and Mr. Easley give her a call in the immediate future.

 

Mr. Steve Wilhelmus stated he owned the property next to what they are talking about and when he bought the ground 12 years ago there was no problem as far as mowing it and keeping it straight. He added that about 8 or 9 years ago Mr. Monte Williams and another gentleman came upon the property and dug and this digging has continued. He explained that they have plowed out the property stakes so Karan came down and drove stakes where she thought maybe the property line is within reason. He wanted to know if he was wrong in thinking that all of this ditch was supposed to be on his property or is this a half and half deal.

 

President Williams stated he could not answer that question.

 

Karan answered that on the drainage plans all she can find is the drainage easement and if she can recall correctly it is 10 feet on Mr. Wilhelmus side, but that does not necessarily mean thatís where the ditch was. She added that she assumed that the ditch was there when the property was platted and she canít answere that question where the ditch was either.

 

Mr. Wilhelmus stated that it has been filled this deep (shown with hands) on his side and initially there was no concrete in the ditch, there were no concrete blocks, there was nothing and the ditch did very well. He added that as Mr. Williams has continued to pour stuff into the ditch it has forced it more Mr. Wilhelmusís way and instead of being 10 feet it is probably 20 feet.

 

Karan stated that it meanders because it goes around the blocks of concrete.

 

Mr. Wilhelmus stated his other concern is underneath that ditch there is a sanitary sewer that runs right down the bottom of that ditch probably about 4 feet deep. He added that whoever digs and removes the debris needs to be aware of the sewer line and of the manhole on the high side and on the highway. He stated that the other ditch on the other side of the cul-de-sac on New York that drains into this ditch that is being forced toward April Willís property is another matter in itself. He added that he does not know if the State owns that now that the Willís have settled with them, but the blockage is further toward the highway and the water stands probably a foot deep sometimes because it canít get out.

 

Karan answered that the State has purchased property there for the widening of the Highway, but she doesnít know how much property.

 

Mr. Wilhelmus stated he thought it was like 40 feet or maybe more.

 

He also told of Stradtnerís Excavating dumping on the lot where the Willís owned and stated that is also continually going into the ditch.

 

Commissioner Conner asked if Stradtner owned the property where he is dumping?

 

It was answered that the people who own the property is named Will.

 

President Williams asked what is being dumped onto the property?

 

Mr. Wilhelmus answered it was sand, rock, concrete and a little bit of everything. He was under the impression and was told that his son does swimming pools and so forth and that was the debris from that. He added that there hasnít been any dumping for about 3 months and he did not know who contacted them.

 

Karan stated that she had contacted them to remove some of the blockages and they did go out and move some of it.

 

Mr. Wilhelmus stated that it looks like a war zone with the concrete, debris, mounds of dirt and weeds that are as tall as this ceiling. He added that Mr. Monte Williams told him that it would take care of the erosion problem and it did, it just put it further over on my property instead of his property.

 

Commissioner Conner stated that he did not think all of it was Mr. Williams fault.

 

Mr. Wilhelmus stated he was the one who dumped all the debris in the ditch.

 

Commissioner Conner asked if that was not the dumping of the concrete.

 

Mr. Wilhelmus answered no that this stuff was old and it was sandstone that he pushed over in the ditch probably about 8 years ago. He then added that then Stradtnerís started dumping further down in the middle of the cul-de-sac toward the highway, but it was Monte Williams who made the ditch meander toward his property with all his dumping. He also stated that now it has accelerated the problem since Mr. Williams has dug out in the back and filled the front in where he is going to build his building.

 

President Williams stated the Board is trying to get this problem resolved.

 

Mr. James Flamion who resides on Virginia Drive stated that what Mr. Monte Williams sat there and told you was not the truth because he watched Mr. Williams fill the ditch up on Saturday with concrete slabs and that Monte Williams is the one that done it.

 

President Williams asked he himself?

 

Mr. Flamion answered yes.

 

 

CLAIMS:

 

President Williams stated the claims amounted to $10,325.06 and asked for a motion to pay the claims.

 

Commissioner Conner made a motion to approve the claims as presented in the amount of $10,325.06, 2nd by Commissioner Baxter. Motion carried 3-0.

 

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

 

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