AUGUST 27, 2003
MEMBERS PRESENT:†††††††††††††††††††††††††††††††††† Don Williams, President; Phil Baxter, vice-
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† President; Don Ashley, Attorney for Board
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† and Karan Barnhill, Surveyor.
ALSO PRESENT:†††††††††††††††††††††††††††††††††††††††††† Chris Moore and Sherri Phillips.
President Williams brought the meeting to order.
APPROVAL OF MINUTES:
President Williams stated that the minutes of August 13, 2003 will be taken under consideration for the next meeting.
Don Ashley, Attorney for Board opened the first quote and stated that it was submitted by Lechner Inc., a bid on the bank slide on Cypress Creek, South of Jenner Road and the amount of the total quote is $13,920.00.
Mr. Ashley stated the second sealed quote is submitted by D-Lite Excavating, Inc., of Levinston for the bank slide on Cypress Creek and the total quote is $15,060.00.
The third quote opened by Mr. Ashley was submitted by Naas & Sons, Inc., Haubstadt for the project of the bank slide on Cypress Creek with the total proposal being $18,222.00.
President Williams asked the Surveyor if there was a pre-bid meeting where everyone looked at the job site?
Karan answered yes they met with all of them except for D-Lite, they talked to us over the phone about the job and they felt it wasnít necessary to see it.
President Williams stated that he was not familiar with any of the contractors, he asked if the Board had checked out the backgrounds and if they felt confident?
Karan answered she had received references on Lechners from other contractors she knew, Naas and Sons had been recommended by one of the product distributors with good references as well as D-Lite.
Commissioner Baxter made a motion to award the Cypress Creek Slip to Lechners, Inc., for $13,920.00, 2nd by President Williams. Motion carried 3-0.
Mr. Ashley opened the first proposal submitted by DG Construction, Boonville for Mann Ditch improvements as per specifications $4,150.00.
The second proposal submitted by Warrick Excavating also of Boonville for Mann Ditch project in the amount of $7,900.00.
President Williams asked if both attended the pre-bid meeting?
Karan answered yes they did.
Commissioner Baxter made a motion to award Mann Ditch to DG Construction for $4,150.00, 2nd by President Williams. Motion carried 2-0.
HOLD HARMLESS AGREEMENTS:
LOT 77A TRIPLE CROWN ESTATES-ADVERTISING SIGN:
Karan stated she had received a request for an on-site premises sign on their lot 77A of the Re-plat of 77 & 78 within the legal drain right-of-entry, the 75-foot of Edwards Ditch. She added that all of the signs in that area are located within the 75-foot right-of-entry. Karan stated there was a plot plan showing the location of the sign and it is 25-feet or more off of the right-of-way. She recommends approval.
President Williams asked the gentleman if he understood that if for any reason the Board had to get into the ditch the sign might have to be moved?
The gentleman stated that he was familiar with the rules of the Drainage Board as he also had a sign put in at Triple Crown Center.
Commissioner Baxter made a motion to approve the sign, 2nd by President Williams. Motion carried 2-0.
LOT #4 GARDNER SUBDIVISION-ADVERTISING SIGN:
Karan stated this is basically the same kind of request on Lot 4 in Gardner Subdivision, which is located just west, but closer to Frame Road. She added it is the same with 25-feet back off of the road right-of-way.
President Williams asked if there was anyone here to represent this sign issue?
Karan answered that the lady that was supposed to be here could not make it so she told her she would present it and if there was a problem it would have to be continued.
President Williams asked what the size of the sign was and also asked if this was the existing sign that just had to be moved?
Karan answered that it is an existing sign that they are changing into a pole sign instead of an on ground sign. She also answered that she did not know the size of the sign.
President Williams stated that the standard policy is that there be someone here to represent the issue but he canít see tabling this and have them come back to another meeting since it is an existing sign.
Commissioner Baxter made a motion to approve, 2nd by President Williams. Motion carried 2-0.
President Williams relayed to Karan that they should be made aware of the same understanding that if we have to get into the ditch the sign will have to be moved.
Karan stated she would relay it to them.
LOT #3 GARDNER SUBDIVISION-ADVERTISING SIGN:
Karan stated again this is the same situation just a different location. She asked the gentleman that she could not find a distance from the road right-of-way and asked him if he knew what it was?
They decided that since the scale was 1Ē=20í that the distance was about 20-feet.
Mr. Chris Moore representing Ad-Craft Sign Company introduced himself for the record.
President Williams explained about the rules of having to move the sign if for any reason the Board would need to get into the ditch.
Mr. Moore answered that he understood. Commissioner Baxter made a motion to approve the sign, 2nd by President Williams. Motion carried 2-0.
President Williams explained that the October 8, 2003 meeting will have to be changed as 2 of the Commissioners and the Surveyor will be out of town and he would entertain a motion to change it to October 15, 2003.
Commissioner Baxter made a motion to change the October 8, 2003 meeting to October 15, 2003 at 3:00, 2nd by President Williams. Motion carried 2-0.
President Williams asked Commissioner Baxter if he had reviewed the claims?
Karan stated that there would be a change on the list since Mr. Conner is not present, his claim will be $50.00 instead of $100.00.
President Williams asked about the Petter Business System claim for ink cartridges?
Karan answered that they are for the printer for printing out bids and etc.
President Williams asked if these were cartridges that could be re-cycled?
Karan answered no they were not.
President Williams stated the claims total amount is $2,219.34.
Karan also stated that Lowellís Logging claim is the one that Spencer County will reimburse us for half.
President Williams asked Mr. Ashley if that was acceptable?
Mr. Ashley answered that it was.
Commissioner Baxter made a motion to approve the $2,219.34 minus the $50.00 which would make the total $2,169.34, 2nd by President Williams. Motion carried 2-0.
President Williams asked if there was anything else to come before the Board?
Sherri Phillips from the Area Plan Commission came to the podium and explained that Carl Conner is the Secretary for the Drainage Board and he has to sign the final plats, so in his absence she needs someone to sign the plats. She wants to know from Mr. Ashley if it has to be in the Drainage Boardís minutes who will replace him.
President Williams asked Don Ashley if he could not sign it as Don Williams, President for Carl Conner, Secretary?
Mr. Ashley answered that there needs to be minutes stated that in the absence of the Secretary the President would sign all documents such as Final Plats.
Commissioner Baxter made the motion that Don Williams as President of the Drainage Board sign in Secretary Connerís absence on the Final Plats, 2nd by President Williams, Motion carries 2-0.
STORM WATER REQUIREMENTS:
Karan stated that in order for the NOI (Notice of Intent) to be filed the consultant has told her that the Commissionerís need to appoint 3 individuals to be named in the NOI. She added that there are 3 individuals, an operator, a primary contact and then a responsible individual.
She added the operator is the person that is going to be managing the MS-4 area and the activities in the NIO. She stated the primary contact is a person that is assigned to be the point of contacts, someone they can get hold of if there is a problem, a question or anything that comes up and then the responsible individual is basically the person that is ultimately insuring that the MS4 entity is complying. She stated that just to give you an idea of what the other entities are doing around us, Chandler has labeled their Town Manager as the operator, Rob Coghill, who is over Water & Sewer as their primary contact and the consultant, which is Commonwealth as the responsible individual.
She added that Newburgh is following in the same fashion, she stated that in her opinion only and Don Larson agrees with her that in our instance the operator should be one of the Commissioners as they are the ones who sign the NOI and are the executive body. She added that the primary contact should be Karan, Steve or somebody that will be here all the time that can answer questions and in her opinion, Commonwealth should be the responsible individual as they are the ones that are making sure that the NOI is meeting all of the requirements. She stated this is her opinion and her opinion only and her recommendation, but this does need to be done as the NOIís are due in November and they have to have this decision in order for them to go ahead and file it with IDEM.
President Williams had Roger call Don Larson and President Williams is sure that Mr. Larson will confirm everything that Karan just stated.
Karan also added that Mr. Larson indicated to her on the telephone that he is going to be meeting with the Town of Chandler on the 4th of September, so if anyone if available he would like to stop in here and discuss this matter
President Williams stated he would not be available on the 4th, but Commissioner Baxter said to contact him.
President Williams stated that when it comes to the operator and he is not sure if it needs to be in the official minutes, but we talk about MS4 here Phase 2, we are primarily talking about a Drainage Board issue, he would think, he asked Don Ashley about this and explained that it is about storm water run-off and elicit discharge and a major deal and some estimates are that we may have to form a storm water facility and it could cost the tax payers of Warrick County as much as $10.00 a household.
Karan stated that basically because of EPAís clean water act is coming down with the Phase II of the clean water act and in that we have to find all of the elicit discharges in the MS4 area which is basically Chandler, Newburgh and Ohio Township area. She added that they have to do mapping & find all of those points of contact where we are getting elicit discharge off of asphalt, any type of sewage, anything that is going into our ground water into our storm water and find the points of contact going into our major streams and map them. She added that an NOI has to be filed and then it goes through a five-year period of things that we have to meet per IDEM requirements.
President Williams stated that we need to get Mr. Ashley some information on this so he can look at it.
Karan stated she can get Mr. Ashley a copy of the rules and the guidance document.
President Williams stated this is for the clean water act and we are all for clean water but IDEM tends to take things further than EPA does which is kind of sad. He added that Illinois simply adopted the same standard as the EPA but Indiana however; they feel like they have to add things. He added that there were some rules pertaining to dogs defecating within 150 feet of a legal drain and the questions were how do you know if itís a coyote or a dog here in Indiana and all of the streams have to be swimable streams.
President Williams also added that IDEM cannot even answer whether Phase 1 was enough to take care of the situation, so they donít know if Phase II is even needed, but they are willing to spend our money to find out.
Karan stated that also with the NOI that the County has to meet, they are also revising Rule 5 & 6 with the soil erosion and reducing instead of any property thatís disturbed 5 acres or more reducing it down to 1 acre or more, so any 1 acre parcel thatís disturbed now will have to get an erosion control plan even if itís just one house. She further stated this is bad stuff and it is an unfunded mandate by IDEM, so we get no money to help us.
CHANDLER NATURAL GAS HOLD HARMLESS:
Mr. Ashley asked if we had any further contacts from Chandler Natural Gas concerning crossing Weinsheimer Ditch? He added that Karan according to our procedure has requested a covenant to hold harmless and the attorney for the utility, Mr. Brackton, in Terre Haute does not want to do this and stated that it wasnít necessary and that they had superior jurisdiction over the drainage board. He also stated that Mr. Brackton submitted an alternate covenant to hold harmless and it was sort of innocuous except it did not contain the clause to the effect with an acknowledgement on their part that we are going to be in there doing periodic maintenance and that any damage to a line in the process of maintaining the ditch would be at their risk and not ours. He stated that he talked to an attorney from INDOT and he agreed as he sensed that Mr. Brackton & Mr. Ashley were not getting along on what should be in the agreement. He further stated the INDOT attorney stated he would contact the attorney for Chandler Natural Gas and he said he was sure this could be worked out.
President Williams asked if this was part of the S.R. 62 upgrade?
Mr. Ashley answered yes.
Karan stated that this was the portion where they had to end the project at Boonville Highway because the gas line was there and they are willing to relocate the line but they will have to cross our ditch to do it and in doing so she told Ritchie Medcalf what they had to do and he immediately stated that their attorney wouldnít sign that. She further stated she gave him a copy of the standard hold harmless.
President Williams said to tell him that we donít want their attorney to sign it we want the Company President to sign it.
Karan stated that apparently they donít sign anything anymore; it goes to the attorney because of prior problems.
President Williams asked with the County?
Attorney Ashley stated that he thinks it will be worked out but the clause he wants in the covenant has not come across his desk as yet. He added that he knows the attorney has called but he has been in court all day and hasnít had a chance to return the calls. He also stated that their attorney is not familiar with the Drainage Codes as Mr. Ashley is not familiar with their regulations. Mr. Ashley stated that their attorney had stated that he could not find anywhere on record an easement for our regulated drains, he added that there isnít a recorded easement itís a statutory easement by the legislature. He explained thatís how far apart we are on this thing, but he thinks it will be worked out, as the INDOT attorney didnít think our request was out of line. He stated the INDOT attorney was going to contact the gas company attorney so it could be worked out.
President Williams stated he was unaware of this whole proceeding.
Karan apologized to President Williams for not telling him and also stated that she had copied the statute of the 75-foot right-of-entry and gave it to Ritchie Medcalf to take to the gas company as well as the statute where it says that any public utility is responsible for any repairs in the regulated drain.
President Williams asked how far into the flow line will they be?
Karan stated she has never received an answer from Mr. Medcalf, but she told him there had to be a minimum of 3 feet but she is thinking he told her 12 feet because it is going to be a directional bore.
President Williams stated he would be comfortable with 3 or 4 feet.
President Williams asked if there was anything else to come before this meeting?
Commissioner Baxter made a motion to adjourn, 2nd by President Williams. Motion carried 2-0.