JANUARY 14, 2004
MEMBERS PRESENT: Don Williams, President; Carl Jay Conner,
Secretary; Don Ashley, Attorney for Board;
Karan Barnhill, Surveyor and Rod Madden,
ALSO PRESENT: Jim Morley, Jr.; Evan Beck, Karen Grimm and
President Williams brought the meeting to order and stated that the agenda was going to be changed slightly. He explained that the Election of Officers was going to be moved down to the last item after claims.
APPOINTMENT OF DRAINAGE BOARD ATTORNEY:
Commissioner Williams asked for a motion for an appointment.
Commissioner Conner made a motion to nominate Don Ashley for the Drainage Board Attorney, 2nd by President Williams. Motion carried 2-0.
President Williams told Mr. Ashley that the Board would appreciate his acceptance of the appointment for another year.
President Williams stated this
is the resolution for meeting dates. He explained that the meetings are
normally held on the 2nd & 4th Wednesday at 3:00 each
month with the exception of March. He added that in March the meeting dates
will be on March 3rd and 24th as March 10th is
There was discussion on any other changes such as in September or December but accepted the resolution as it is.
Commissioner Conner stated he would like to have discussion on the subject of meetings and times. He stated that earlier in the day he had talked to Sherri Phillips, Director of Area Planning Commission and she asked if there was any possibility that their meeting could be held at 6:00 instead of 6:30? He added that he did not see any problem with that as the Commissioner meetings are normally over before 6:00 P.M. and that maybe the Board should consider moving all of the meetings up by a half-hour, so for example instead of the Drainage Board meeting at 3:00 P.M. they would meet at 2:30 P.M. and the Commissioner’s Meeting starting at 3:30.
President Williams explained that he would have a problem with that when the time changes. He added that he did not see a problem with changing the Area Plan Meeting but he would like to see the Drainage Board and Commissioner’s Meeting stay the same unless Commissioner Conner has a major objection.
Commissioner Conner stated that he did not object he was just trying to move it back a half an hour that the scheduling would be more appropriate and would help them out as there would be very few situations that he believes that County Commissioners Meeting would run beyond that time, but if it is going to cause scheduling problems for Commissioner Williams from the perspective of school then we can go ahead and make a motion that the Board approves the dates and the times submitted, 2nd by President Williams. Motion carried 2-0. President Williams stated that Resolution 2004-1 is approved.
CERTIFICATION OF ACTIVE DRAINS 2004:
President Williams asked Madam Surveyor if she would like to explain as the lineal feet are exactly the same.
Karan Barnhill, Surveyor explained that the total lineal footage of the drains are the same the only difference on the certification is the ditches that were changed to Urban Drains. She added that they are on page 3 and they are Angel Ditch, Tanglewood Ditch and Gardner-Webb Ditch all under Weisenhimer Main Drain. She wanted to show in the certification which ones were under the Urban Drain Classification the lineal footage did not change.
Commissioner Conner made the motion to accept the Drainage Certification as presented, 2nd by President Williams. Motion carried 2-0.
APPROVAL OF MINUTES:
President Williams asked Commissioner Conner if he had a chance to read the minutes from December 10, 2003?
Commissioner Conner stated that he had and did not find any errors, he made a motion to approve the December 10, 2003 minutes as presented, 2nd by President Williams. Motion carried 2-0.
APPROVAL OF DRAINAGE PLANS:
President Williams stated he understood that this is to be continued to a later date.
Karan Barnhill answered that is correct and it will be continued to February 11, 2004.
Karan Barnhill stated the
property is located along State Road 66 and
Karan stated that this basin discharge is a little bit different than most, but there is another development like this one. She added that because of the terrain and the way the land lays when they discharge out of the subdivision they have returned that discharge to sheet flow conditions. She stated they have designed a pipe that will come out and be perforated and when the discharge comes out of that basin its going to return to a sheet flow condition so it won’t be a concentrated flow on the adjoining landowners, it does meet all the requirements and has proper amount of storage, she recommends approval.
President Williams asked if the sheet flow will be toward the North?
Karan answered that it would be toward the East.
President Williams stated that it is actually Southeast.
Karan showed the Board on the Drainage Plan where the flow would be.
President Williams asked if this was their property also?
Karan answered it belongs to the Grimms, Karen and Daniel Grimm. She added that the drainage statute does require that the discharge returns back to sheet flow as it was before it was developed.
President Williams stated that it looks as though it is the natural drainage anyway and asked the Drainage Board Attorney, Don Ashley if there was any problem with this plan.
Mr. Ashley stated there was no problem.
President Williams asked if there were any questions from the Board or from the public? He also asked Jim Morley, Jr. if he had any thing to add?
Mr. Morley stated he was there to answer any questions the Board might have.
Commissioner Conner made a motion to approve the recommendation in regards to the Grimm Road Commercial Subdivision as presented to this Board, 2nd by President Williams. Motion carried 2-0.
SEITZ DITCH-ERIC LUTZ:
Karan stated that she would like the Boards opinion as how to handle this situation. She added that she had sent the Board a letter in November and explained that at the time they did the Seitz Ditch project at Tennyson Road the existing property owner had a gravel drive-way that was located within the 75-foot Right-of-Entry and what she tries to do in any project she works with the landowners and even though his drive-way has no right to be there because he did not receive approval from the Board. She explained that she agreed to return his drive-way to its original state as our equipment would tear it up and she did this out of good faith.
She stated that she had one load of gravel delivered but he wasn’t happy with the size of it, so to keep the property owner satisfied she agreed to send one more load of 53’s which would be a bigger size rock and it was delivered on a Saturday. She added that while the truck was there the property owner asked them to deliver another load which would make it 3 loads on his drive-way and she only agreed to two. She stated that the truck driver took the other load and they charged it to the County, she feels that the landowner should have asked her or the Board and not take it upon himself to order another load of rock. She has contacted him and
have written him letters she
thinks the Drainage Board needs to direct her as to how to handle this
situation. She added that the amount of money owed is $165.28 and she realizes
that this is not a large amount, but it is promoting the wrong kind of
agreement to property owners and the
President Williams stated that he would look to the Drainage Board Attorney for advise but he thinks that 2 hours of litigation would eat up the amount of money owed.
Commissioner Conner asked who actually delivered the rock?
Karan answered that Mulzers delivered the rock and she had also called them and confirmed with them that she only ordered 2 loads of rock to be put on this gentleman’s drive-way. She added that the gentleman that she talked to stated that the truck driver came back and said that the property owner asked for the second load.
Commissioner Conner stated that what should be done is Mulzers should send the invoice to the property owner and remove the Drainage Board from the situation. He added that Karan should contact Mulzers and inform them not to bill us but to bill the property owner.
President Williams said he agreed with that and asked Don Ashley, Attorney for the Board what his opinion was?
Mr. Ashley stated that if the property owner had no authority to order the load then Mulzers delivered it at their own risk.
Karan explained that the problem is that the billing was on the same invoice and it has already been paid by the County.
Commissioner Conner stated that the County should ask Mulzers to refund the County for that one load and to explain to them why and that it was not at our request but at the request of the property owner and that they should collect from the land owner. He added that he thinks they would do that as they do a lot of business with the County.
Don Ashley, Attorney stated that he agrees with that.
President Williams asked Karan to follow those directions as that is the consensus of the Board.
ADDITIONAL APPROPRIATION REQUEST:
Karan told the Board that they should have received a copy of a letter that she turned in to the County Council requesting an additional appropriation and she is wanting the blessing of this Board. She stated that the green truck is becoming a “mechanical menace” as it is not starting in the mornings and it will not run when the weather is rainy. She added that last month her office spent $629.00 on repairs and it rattles, shakes and she does not feel that it is safe on the road. She hates to keep pouring money into a vehicle that was purchased in 1994 and it has been driven hard. She stated that she thinks it is time to purchase a new truck.
President Williams asked what year the truck is?
Karan answered that it is a 1994 and that it has a 110,000 miles.
President Williams stated that is a third of what he has on his personal car.
Karan stated that she doesn’t want to keep pouring money into repairs, she is also requesting a new copy machine as we make quite a few copies and with this MS4 Storm Water we will be making a lot more. She added that the current copy machine was purchased by the Area Planning Commission in 1994 and that is has made its way around to just about every office in the County. She explained that it is starting to make strange noises and the copies are not of very good quality so she would also like to purchase a new copy machine.
President Williams stated he has a question, not that he is against the copy machine as he feels that is a legitimate need, but since this Board cannot pay anything out of its budget for the MS4 Storm Water why would we buy a copier for it?
Karan answered that it would be used for a lot more than MS4, it would be used for Drainage Board business she is just stating that with MS4 there is going to be more copies made. She added that she could justify the copy machine because of the plans and specifications and everything that we have to copy for the legal drains, the contractors, minutes, agendas etc. and these are the primary uses. She stated she was just using MS4 as another example as to why a copy machine is needed.
Karan also stated that WTH contacted her about the aerial photography which should be updated every 4-5 years has really dropped in price and they are going to give her a quote for new aerial photography to be flown and they are also going to throw in a lap top if we purchase the aerials from them. She added that they can get them at a 6-inch pixal with much better resolution than what we now have and with all of the development and mining that has happened in Warrick County in the last 4 years she feels that her office should continue to update the aerial photography. She stated that she is just going to give the Board an estimate of the cost of everything that she has requested which would be approximately $99,000.00.
President Williams asked if the aerial photography would go in Think Map?
Karan answered yes and that it would be used by all of the County Offices. She added that she was shown a sample of Spencer Counties and the difference from the resolution from their photos and what we have is very different, their resolution is very clear.
President Williams asked Commissioner Conner if he wanted to discuss these items together or separately?
Commissioner Conner answered that he could select it however he wanted to.
President Williams stated that he hated to see the County lose the green truck because it needs repairs and has over a 100,000 miles. He added that his personal car is a 1990 and has 300,000 miles on it and it rattles and shakes but its safe and its reliable. He also stated that if you put $2,000.00 a year into that truck you can still get nine years of use but he doesn’t expect it to last that long. He stated that he does not have any aversion to fixing the truck even if it takes $2 to 3,000.00 to keep it up and that is his opinion.
President Williams stated that his Highway Foreman is wanting a new truck also and has wanted one for 3 years, he told them that when their trucks have as many miles on them as his personal car then they can have a new truck
Karan asked President Williams if he would be in favor of her asking for additional appropriations for $5 to 6,000.00 to repair the green truck or however much it cost to fix it than getting a new vehicle?
Rod Madden stated that he wasn’t trying to be argumentative, but there is transmission trouble, the 4-wheel drive doesn’t work and he thinks it would be very expensive to fix it.
President Williams asked what kind of shape the engine was in?
Rod Madden answered that the engine seems to run pretty good.
President Williams stated that you are probably talking about $2,500.00 in repairs at the most.
He added that he does not want County employees to drive vehicles that are unsafe, but he would suggest getting the truck checked and see what the estimate would be to get it repaired and back to 1st class condition. He then stated that Commissioners Baxter and Conner probably drive newer cars than he does.
Commissioner Conner answered that the car he drives is a 1986. He then asked if she would take the money out of the perpetuation fund?
Karan answered that it would come out of the Cumulative Drain Fund.
Commissioner Conner asked that it has to be appropriated from the County Council? He then asked how much money is presently in Cumulative Drain that is not committed?
Karan answered that there is $592,575.00 total cash with $200,000.00 being appropriated to the 2004 budget, so there is $392,575.00.
Commissioner Conner asked Karan if she had actually went out and taken the truck to three different dealers and had them give her an estimated trade-in value.
Karan stated she had not done anything as yet, she is just guessing.
Commissioner Conner stated that he would like to see (he added that this does not mean that he will support the purchase of a new truck) the specifications written up that she would want in a new truck and give them to Roger Emmons as he is acting as the purchasing agent for the County. He explained that he would like to see three different prices with an estimated value trade-in perspective on the green truck and see those 3 sealed bids to see what kind of price we could get before the Board makes any decision as whether to spend $2,500.00 on repairs or whether we are going to spend $8,000.00 on a new vehicle.
President Williams stated that the new vehicle would probably be more like $18,000.00.
Commissioner Conner stated he was just using those amounts as comparisons and he also thinks there is another step that needs to be taken and that is if the Board does decide that a purchase or replacement is required, then we look at the option of a lease in comparison to an out right purchase. He added that he has found that with the interest rates basically being what they are today the lease arrangements he personally feels in some situations fit very well and are tailor made for Governmental Units because of the fact that we are only concerned from the financial perspective on a 12 month period and not a 36 month or 24 month. He also stated that he would recommend to do likewise in regards to the copier and he added that this does not mean that he is going to support these purchases but he doesn’t think there is sufficient financial information to make a prudent decision and he stated this is just his opinion.
President Williams stated he would like to see quotes on a copier as he thinks there may be a possibility on that purchase.
Karan stated that she just put these amounts together so that the Council could advertise them and it would be on the Council’s Agenda and also bring it up to the Board before she did anything.
Commissioner Conner stated that he thinks before she goes to the Council she should give all of that information to Roger and let him act as the purchasing agent but she would have the input from the standpoint of what she would like to see the specifications be on the truck and the copier.
President Williams stated he could agree to that, but the aerials photographs on the other hand, we need to see the quote on that at another meeting.
President Williams stated the next order of business is the claims and the amount being encumbered is $1,568.30 for Warrick County Co-op for seeding of Tanglewood Ditch, Nutec Supplies for Tanglewood Ditch, Cypress Creek Addition and Coburn Ford repairs on 94 Bronco for ^637.90, also the Board’s Attorney and the Boards’ pay and stipends need to be approved. He stated the total amount for claims to be paid is $2,140.30 and he asked for any discussion from the Board.
Commissioner Conner made a motion to approve the invoices as presented total dollar amount of $2,140.30, 2nd by President Williams. Motion carried 2-0.
ELECTION OF OFFICERS:
President Williams stated the next order of business is the election of officers for the Warrick County Drainage Board 2004.
President Williams stated that Commissioner Baxter is ill and also his wife’s mother passed away this morning, so he could not attend this meeting. He added that he had approached Commissioner Baxter and asked him if he would be willing to serve as this Board’s President and he has agreed.
Commissioner Conner made a motion to appoint Commissioner Baxter as President of the Warrick County Drainage Board for the year 2004, 2nd by President Williams. Motion carried 2-0.
Commissioner Williams made a motion to appoint Commissioner Conner as Vice-President of the Warrick County Drainage Board, 2nd by Commissioner Conner as there was no one else to 2nd by motion. Motion carried 2-0.
Commissioner Conner made a motion to appoint Commissioner Williams as Secretary of the Warrick County Drainage Board for the year 2004, 2nd by Commissioner Conner. Motion carried 2-0
President Williams asked if there was anything else to come before this meeting?
Commissioner Conner made a motion to adjourn, 2nd by Commissioner Williams. Motion carried 2-0.