WARRICK COUNTY DRAINAGE BOARD

COMMISSIONERS MEETING ROOM

107 Locust St. Courthouse

Boonville, IN 47601

April 13, 2005

3:00 P.M.

 

 

 

The Warrick County Drainage Board met in regular session with President Carl Jay Conner, Phillip H. Baxter, Vice-President, Don Williams, Secretary, James E. Niemeyer, Surveyor, David K. Zengler, Attorney for Board and Robert A. Wilson, Deputy Surveyor.

 

Minutes recorded by Cheryl D. Embry.

 

President Carl Conner called the Warrick County Drainage Board meeting of April 13, 2005 to order.

 

APPROVAL OF MINUTES:

 

Carl Conner: The first item on the agenda is the approval of minutes for the March 23, 2005 meeting, is there any discussion, changes, recommendations, if not, then I would look for a motion to approve as presented.

 

Don Williams: So moved.

 

Carl Conner: Have a motion on the floor to approve as presented, do I have a second?

 

Phil Baxter: Second

 

Carl Conner: I have a second, all in favor state by saying aye.

 

Don Williams: Aye

 

Phil Baxter: Aye

 

Carl Conner: ďAyeĒ passes three to zero.

 

DRAINAGE PLAN APPROVAL:

 

Carl Conner: The next issue on the agenda is drainage plan approval for Spurgeon Road Estates, Jim would you like to address that issue?

 

 

 

 

SPURGEON ROAD ESTATES:

 

Jim Niemeyer: Yes, they are requesting no drainage plan because they have 8 houses and they are on five-acre lots.

 

Don Williams: All 8 houses?

 

Jim Niemeyer: Yes.

 

Carl Conner: Do you see any problem with it?

 

Jim Niemeyer: No

 

Don Williams: Is there anybody here to represent that?

 

Carl Conner: Is there any discussion, any questions or concerns? Hearing none, I would ask for a motion to approve the request for the drainage plan for Spurgeon Road Estates?

 

Phil Baxter: So moved.

 

Carl Conner: Have a motion on the floor to approve, do I have a second?

 

Don Williams: Second.

 

Carl Conner: Have a second, all in favor state by saying aye.

 

Phil Baxter: Aye

 

Don Williams: Aye

 

Carl Conner: Aye, passes three to zero. Jim, would you like to proceed with the next item on the agenda, it looks like you have a number of projects here that you are wanting to bring us up to date on.

 

ORTH ĖSCHMITT:

 

Jim Niemeyer: Yes, the first one is the discussion in regards to the Orth-Schmitt property of Tennyson Road. I was out there on the 4th of April and Don, Mr. Williams accompanied me there on that trip. At that time there were no changes evident since the previous visit which was more than a month ago and I think at this time we should table that for about 2 weeks.

 

Phil Baxter: A week or so ago I was going passed there and I couldnít stop as I was pulling a trailer, but I saw some work being done there, is that true, was he back there doing some work?

 

Carl Conner: Sir, excuse me even though we know who you are, would you mind please for the minutes come up and state your name and who you represent.

 

Dennis Orth: Iím Dennis Orth, Phil what day was that do you know for sure?

 

Phil Baxter: I couldnít tell you that for sure because I donít remember where I was going, but, I was hauling a piece of equipment on a trailer and I couldnít stop to see, but I saw someone back there and Iím sure they were on a tractor.

 

Dennis Orth: As of today the status as far as I can tell is the same as when Jim was there, I wasnít in the company of Jim and Don on the day they were there, but the last time that I met with Jim it was in the same condition that its in today.

 

Phil Baxter: Well, I saw something else then, but someone was on a tractor in that area.

 

Dennis Orth: It could have even been me, was it a Ford tractor?

 

Phil Baxter: I couldnít see the tractor, it was behind the house when I saw it, the house was obstructing my view and I couldnít see it.

 

Carl Conner: Jim, why are you recommending that we table it for two weeks?

 

Jim Niemeyer: Well, I think that we should investigate it a little further, Iím not sure that this is directly related or not, but, thereís a subdivision under construction or was under construction at the intersection of Jenner Road and 261. That project was shut down by the EPA group out of Chicago because they claimed that it is a wetland condition and theyÖ..I donít know for what reason, went in and analyzed , took soil sample and analyzed it and we got a call in our office about 2-3 weeks ago out of Chicago asking us questions, etcetera and so forth. I said what is the problem and he said itís a wetland and I said a what, he said a wetland, but there is nothing on the maps that show that and so I called the DNR office here in Boonville and talked to Amy Steeples, who is one of the employees and I asked her why and she said that it was considered to be a hydric soil, whatever, anyway one of the characteristics is that it has no anaerobic bacteria in the upper layer. Well, anyway, the reasonÖ.I checked the soils map on their area and they have some of the same soils, so I thought we better hold off a minute or a few weeks until we can straighten that out and get involved with it and I know you may not think itís a wetlands and I donít either, but its characterized that way and I donít want to disturb anything at this point, because, whatís going to happen there as I understand that at this subdivision for every acre that they disturb they have to mitigate 4-5 acres of land somewhere and just as a rough drive by estimate I look at 5-10 acres that they disturbed. So, you can see the financial burden that may incur out of that as a result of that, which, Iím not sure anybody agrees with it or knows about it, but I think it would be good for us to look into it.

 

Carl Conner: Let me ask you this, Jim, how long is it going to take for you to get back with us in regards to some suggestion or results?

 

Jim Niemeyer: I hope to by the next meeting.

 

Carl Conner: So, that would be the 27th right?

 

Don Williams: I would make just a brief comment in going out there, it is good to see it first hand, the area that Mr. Schmitt claims not to be a ditch to me is real obvious a ditch, because when you build a berm and water runs down the side of it, itís a ditch, I donít care what you call it and the debris that was in the ditch has been cleaned out, I mean it looked pretty good to me.

 

Jim Niemeyer: Well, itís not a hundred percent.

 

Don Williams: No, not down at the far end it looks like thereís still some out there. The reason the water hasnít drained, there is that dirt there on just, I guess it would be the North side, of where that ditch begins and its been there for awhile, I donít know how long itís been there, it almost looks to me like it may have been filled in by the Railroad people when they put that new pipe in the railroad crossing, I mean I donít know who put it there, did you see someone put it there?

 

Dennis Orth: No, but that could be verified as to who put it there, it the railroad in fact did put it there, we couldÖÖ

 

Don Williams: They did put the pipe there, whether they put the dirt there or not, I donít know that, but thatís a possibility of how it got there.

 

Dennis Orth: Have you got the accountability on thatÖthe railroad putting that in there?

 

Don Williams: All I know is that it was put in there, I donít know when they did it.

 

Dennis Orth: Well, I can find out a little bit more on that if you would like, I can find out when it was put in, I know the summer it was put in, the month it was put in, but I donít know who put it in.

 

Don Williams: Were you there then when they put it in?

 

Dennis Orth: I lived in that area, yeah, but I did not see it.

 

Don Williams: Okay, but not in the house your in now?

 

Dennis Orth: Yes, we built there in 1994, so weíve been there awhile and that was put there in 2000.

 

Don Williams: I donít know when the dirt got there or who put it there, but itís there.

 

Dennis Orth: It is there and I really do appreciate you taking the time to go out there and look at it because all the pictures really donít measurer with seeing it first hand, I just wished I had been there. And to make a comment on Amy at the Soil Conservation Office as I have been to talk to her as well and I wanted to see if there was any certified wetlands in that area and per her, thereís no certified wetlands, but as far as soil survey and reading about the different Evansville type soils and stuff that are there, now sheís got a wealth of information on that.

 

Jim Niemeyer: She sent me several pages of it which I brought up here.

 

Dennis Orth: Yes, Iíve got them too, as well as the soil survey book and I understand your caution on that, but I generally think too that most of the time when your dealing with wetlands you donít see agricultural use going on too.

 

Jim Niemeyer: But weíve got some litigation, or the County does as a result of reconstructing two bridges southeast of Elberfeld which is 43 and 44 and so the County was required to purchase acreage to mitigate those construction sites and the area that was selected was just north of the Indiana Hardwoods.

 

Dennis Orth: And youíll find through her that that area out there, thereís not even a 10-foot rise, it is all very flat.

 

Carl Conner: Ok, thank you. Jim, my suggestion is that you try to get all of that information together and share it with us at the next drainage meeting and Iíd invite you Mr. Orth to also come back, because personally as one vote on this committee, I would like to bring this thing to a conclusion one way or another because this thing has been drug on for some time and I think that we are finding ourselves to begin to procrastinate when we need to make a decision, whether the results of that decision are positive or negative, we need to made a decision, we need to move on and get this off the agenda.

 

Dennis Orth: I agree

 

Jim Niemeyer: Definitely if we remove that blockage, thatís going to make it drain and if we went down to the other end and tapered it out toward the Lipnight Ditch, it will flow, right now there is water standing in it.

 

Carl Conner: So when is our next meeting, Sherri? Ok, so it will be the 27th of April, hopefully we can put this thing to rest.

 

Phil Baxter: I move that we table the Orth-Schmitt decision until the April 27, 2005 meeting.

 

Don Williams: Second

 

Carl Conner: Have a second, all in favor state by saying aye.

 

Phil Baxter: Aye

 

Don Williams: Aye

 

Carl Conner: Aye, passes three to zero.

 

STOLLBERG DITCH:

 

Jim Niemeyer: I visited Mrs. Gerald Beard on April 4, 2005 at her home. She is a widow and she and seven of her kin own the acreage in front of the Seaman/Swallow properties and that is on the West side of Fuquay Road and she told me that area was going to be auctioned off to settle an estate and that is really about the gist of it.

 

Carl Conner: Do we have any questions or comments from the Board? Hearing none, I have a comment or two. This issue has been an issue that this Board has addressed since the beginning of my first term and Donís first term and I think that, yes, they are probably putting this up for auction, but I think also that this is a situation that is a stall tactic and what I would like to see us do and I would like to make a motion and see if we can get a second here. My understanding from the Attorney as a Drainage Board, we have no legal authority to enter the Right-of-Way there or to do anything, but the County Commissioners may have that authority, but we need the input of the County Commissioners Attorney and I would like to make a motion that we defer this issue now to the County Commissioners and get it off of the Drainage Board Agenda. We make a recommendation to the County Commissioners that they have their Attorney pursue this and if we do have the legal right to go in there and do work, then so be it, so that would be my motion that we make a recommendation to the County Commissioners to take this issue on and to have their Attorney research it. I would askÖ..do we have a second?Do we have a second?

Hearing none the motion dies for lack of a second.

 

Don Williams: I would like to make a motion that we remove Stollberg Ditch from the agenda.

 

Carl Conner: Have a motion on the floor to remove Stollberg Ditch from the agenda and I assume that, that is to no longer have it as an issue period for the County to pursue, is that correct?

 

Don Williams: You said something there with your motion, it was pretty lengthy that I didnít agree with and I canít remember what it was, but Iím not opposed to looking at it from the County Commissioners perspective, Iím just not sure that we have the funds for our Attorney to research it.(laughter) Iím sorry

 

Carl Conner: Well, maybe he can research it and weíll(laughter) bill it to Cumulative Drain.

 

Don Williams: I do not mind having the Commissioners look at the issue though.

 

Carl Conner: Well, right now we have a motion on the floor unless your going to withdraw it, we have a motion on the floor to remove Stollberg Ditch as an issue from the Drainage Board, because its come to the point, that based upon what Iím understanding our Attorney to say is that the Drainage Board really has no authority to do anything else that needs to be done to attempt to get that problem over there resolved.

 

Don Williams: Could we not put theÖ..you know take the pipes out and put the culvert in, the Drainage Board could do that since its in the drain providing the Commissioners agree since they have a road going forward.

 

David Zengler: I think itsÖÖbut my opinion was that I donít think this Board has anything they can do on the West side.

 

 

Carl Conner: And based upon the County Engineerís input last year when they did the various designs, my understanding was the only way that we could really resolve the issue is to be able to work on the West side of Fuquay Road. We can put in the drainage and cover up the ditches, but we got to have the water drain somewhere and we canít apparently get to the property to get it done, soÖÖÖÖ.Have a motion on the floor unless its withdrawn, to have a second or does it die from lack of second?

 

Phil Baxter: Iíll second Donís motion.

 

Carl Conner: Have a motion on the floor and second to remove Stollberg Ditch as an issue from Drainage Board, all in favor state by saying aye.

 

Phil Baxter: Aye

 

Don Williams: Aye

 

Carl Conner: Nay, passes two to one. Jim, would you want to go on to Bluegrass Creek.

 

BLUEGRASS CREEK:

 

Jim Niemeyer: The staff went to the Elberfeld area and worked on that area and they ran a profile on that length of ditch from approximately where the new bridge is down toÖÖÖ

About 900 feet of woods and in total thereís about 1300-feet of project.

 

Robert Wilson: Right, thereís two other places that need to be worked on South on the Townís property and Miss Marks property. I guess weíre at the point where we need the consensus to go forward and have the trees ground off and then seek bids for reconstruction and maintenance. We came up with a plan of what we want and Iíve tentatively spoke with one landowner that owns the entire portion thatís 900-feet South of the bridge. She, for the most part was agreeable, she wanted me to discuss it with her tenant farmer and then keep her up to date on any other further action we did, but thatís the point, weíve developed a plan and weíre really just looking for consensus to go ahead and solicit bids.

 

Don Williams: Are you going to get quotes on the grinding?

 

Robert Wilson: The grinding and once we get the grinding done, weíll stake out the new edge of top of banks.

 

Don Williams: My question was, are you going to get quotes for that to be ground?

 

Robert Wilson: Yes, weíll do that first, that will be the first segment to grind if off and then the second segment will be the actual excavation whereÖÖ

 

Carl Conner: Probably need to get at least 3 quotes on that type of work.

 

Robert Wilson: I think we have about 6 contractors that can bid it, I think, soÖÖ

 

Carl Conner: Well, I think its pretty much the consensus of the Board that, you know, that we would want that done, since we went to great links to get all that as a legalized drain, but Iíll ask for a motion. Do we have a motion on the floor per the request to go ahead and get a minimum of three bids for purposes of beginning the grinding and the work on that legal drain.

 

Don Williams: So moved.

 

Carl Conner: Okay, got a motion on the floor to go ahead and pursue that, do I have a second?

 

Phil Baxter: Second.

 

Carl Conner: Have a second, all in favor state by saying Aye.

 

Don Williams: Aye

 

Phil Baxter: Aye

 

Carl Conner: Aye, passes three to zero. Gardner-Webb

 

GARDNER-WEBB DITCH:

 

Jim Niemeyer: They are developing their second phase of Brooklyn Ridge Subdivision there and they are also redoing one of the banks of the Gardner-Webb Ditch that runs through there and we are in the process of getting ready or getting ready to put down or resume activities to put matting down to hold that soil back and Robert has designed it, the type weíre going to use and the method for placement. Also, along with that in speaking to the Engineering Office yesterday, we are planning to put a new culvert, a box culvert across that highway at that point where it goes fromÖÖ..where the Gardner-Webb Ditch crosses Coal Mine Road and they are going to be presenting that to you. We have had another request just North of that crossing from a homeowner who has shown that the ditch is eroding his lot and the only way that we can fix that is to place a continuous drain along that ditch.

 

Don Williams: What about rip-rap?

 

Jim Niemeyer: Itís got rip-rap in it.

 

Robert Wilson: Basically, what happened is Karan had the trees grubbed off of it last year and the bank is so steep there is no way to stabilize it, the only way to fix the problem is to enclose it and at the same time to make all the pipes and enclosures work, the pipe under Coal Mine Road has to be lowered approximately a foot, otherwise we donít get enough cover to cover the pipe that needs to adequately handle the water.

 

Carl Conner: Do you have any idea of what itís going to cost?

 

Robert Wilson: I think the cost estimate for the pipe was around $21,000.00, itís almost a six-footÖÖÖ

 

Jim Niemeyer:$21,000.00-$23,000.00.

 

Robert Wilson: $21,000.00 or $23,000.00 I donít remember the numbers, we have the numbers, Steve in the Engineering Department actually designed this, I think this was brought up last year or the year before and Karan had come up before and tried to do this project, she wanted to put a 48-inch pipe in and thatís when I believe the Commissioners or Drainage Board directed Steve to review the plans and then he came up with a different pipe size, so the issue has come back up again because the banks are still falling in and even worse so now that the trees have been removed. So, weíre at the point where we have to do something to remedy this issue and we have been working with the Engineering Department and the only solution is to put the plastic pipe in the East side of the ditch and put the new box in.

 

Carl Conner: Thatís all open along Coal Mine Road, isnít it?

 

Robert Wilson: Yes, weíre talking about approximately 300-feet of ditch weíd be closing it.

 

Carl Conner: Thatís pretty dangerous also, thatís a safety issue.

 

Robert Wilson: And then if we do that, weíd have to lower the west side of the ditch to accommodate the new box culvert and Mr. Bosma has already paid for the ditch banks to be sloped to do his new subdivision and what we would need to do is incur the extra cost to lower the flow line of the ditch. We could use Stradtner, who is already doing the work for him, heís already on the site, I think, what was the estimate for that, the extra work?

 

Jim Niemeyer: $1,750.00, we were going to ask theÖ..want to ask you if we could proceed with that and drop that part of the drain a foot and then we could finish re-matting that bank.

 

Robert Wilson: Weíve got to drop it basically 900-feet of it or go from a foot to taper out to nothing over 900-feet.

 

Carl Conner: Any questions or comments from the Board?

 

Don Williams: Have none.

 

Phil Baxter: I think itís a good idea.

 

Carl Conner: Iíd look for a motion then?

 

Phil Baxter: Now is this for lowering the ditch or for the complete project?

 

Carl Conner: I think it was for lowering the ditch for $1,750.00, wasnít that what you said?

 

Robert Wilson: We have to do that if theyíre ever going to change the pipe to accommodate their design, which opens the door for us to enclose the ditch, as well, if you so chose to let us do that.

 

Phil Baxter: Iíd move that we accept the price, what $1,750.00 from Stradtner Excavating to lower the ditch on the west side of Coal Mine Road.

 

Jim Niemeyer: Approximately two days of time.

 

Don Williams: Wait a minute, when did Stradtner come into the picture?

 

Carl Conner: Stradtner is already out there working.

 

Robert Wilson: Heís doing work for Alan Bosma on his portion and heís alreadyÖ..Mr. Bosma incurred the expense the to slope all of the banks back cause he wanted his subdivision to have mowable banks. All we would need to do is lower the flow line to accommodate the pipe design.

 

Jim Niemeyer: Heís also seeding and fertilizing it too.

 

Don Williams: So, heís working for Bosma.

 

Jim Niemeyer: Yes

 

Carl Conner: Have a motion on the floor that we employ Ray Stradtner in the amount of $1,750 to lower the flow line of the west side of Coal Mine Road, do I have a second?

 

Carl Conner: Second, All those in favor state by saying aye.

 

Phil Baxter: Aye

 

Don Williams: Nay

 

Carl Conner: Passes two to one. Now the rest of this requestÖÖ..Iíd like to make a motion that we table until the next meeting, cause I would like to go out and look at that again. I was out there last year, I think, with Karan and that is really a real safety issue, besides being a drainage problem also, cause we have looked at possibly doing it in-house with County Highway Garage doing the work.

 

Robert Wilson: The piping portion, thatís what discussing is if the Commissioners and Drainage Board agree to have theÖÖ.we would supply the pipe the Highway Department would supply the labor.

 

Carl Conner: Yeah, but I would like to look at it again before weÖÖ.if thatís ok with everybody before we do another motion and second.

 

Phil Baxter: I would like to go myself.

 

Carl Conner: Ok, so I would move that we postpone that part of the request until the next meeting which would be the April 27th.

 

Phil Baxter: Iíll second it.

 

Carl Conner: All those in favor, state by saying Aye.

 

Don Williams: Aye

 

Phil Baxter: Aye

 

Carl Conner: Aye, passes three to zero.Okay, Jim.

 

LITTLE PIGEON CREEK:

 

Jim Niemeyer: Little Pigeon Creek is in the Northeast part of the County and it traverses both through Warrick County and Spencer County. We have had several calls from that area about log-jams across the creek and I just brought some pictures up for you to see. The staff was out there this week and did a nice job. This shows you what weíve got and the water backs up for approximately three quarters of a mile. I called the Spencer County Surveyor and he came over this morning and since this is going to be a joint venture program, it would be between us and Spencer County, Iím not really sure what the procedure is, whether both Boards would have to meet orÖÖÖ

 

Don Williams: We have a joint Board for that purpose. Carl and I are on that I believe.

Jim Niemeyer: So, yeah, so weíll have to meet with them and so we can share the costs on that.

 

Robert Wilson: This is an interesting issue, the jam itself is actually on Spencer County but 90 % of the water thatís being backed up is in our county. But, the jam is right in the spot where the creek crosses, thereís about a mile and a half to two mile stretch that is in Spencer County along and thatís about it and that is exactly where this jamís at and it is holding back water as it is flooding the ditch all the way back to Lincoln Trail and Walls Fork and the water is at the edge of the road. So its holding water back for miles. It is probably 6-8 feet of water level difference between, below and above the jam. Itís like a miniature dam.

 

Carl Conner: Jim, why donít you get hold of the County Surveyor over there and try to get a joint Board meeting set up and then let us knowÖÖÖ.

 

Robert Wilson: He actually has an emergency meeting with his Board, they usually meet the first Monday of the month, heís meeting with them this next Tuesday over an issue and he said he could bring this up, so if you had a date that we could give them and want to meet with them. We could have him present that to them Tuesday and try to expedite this quicker, cause this is a major jam we need to get out as quick as possible.

 

Carl Conner: So, heís meeting with them Tuesday?

 

Jim Niemeyer: Tuesday

 

Carl Conner: Can you meet Tuesday, Phil?

 

Phil Baxter: Do you know what time?

 

Robert Wilson: No, I donít know what time, we could call Scott in the morning and find out what time.

 

Jim Niemeyer: Itís in the morning, I believe.

 

Phil Baxter: Do you know where they meet?

 

Jim Niemeyer: No

 

Carl Conner: They usually come over here when we have a joint meeting. Maybe they could come over onÖ..if they couldnít do it Tuesday, maybe they could come over on Wednesday because weíll be here for the Commissionerís Meeting.

 

Phil Baxter: About Wednesday at 3:00.p.m.

 

Carl Conner: Why donít you try that?

 

Robert Wilson: So for next Wednesday the 20th.

 

Recording Secretary: Are you talking about next Wednesday or are you talking aboutÖÖ

 

Carl Conner: Iím talking about next Wednesday, cause I think he said they were going to meet this coming Tuesday, right?

 

Jim Niemeyer: Yes, that would be the 20th.

 

Carl Conner: So, weíll try to have something set up for the 20th at 3:00 p.m.?

 

Robert Wilson: Yes, weíll get a hold of Scott in the morning and see if he can find that out on Tuesday.

 

CYPRESS CREEK:

 

Jim Niemeyer: This is concerning the Cypress Creek West lateral. The staff removed a small obstruction from the drainage pipe there, this is it on Vann Road.

 

Robert Wilson: It borders the back of Vann Park, the ball park there.

 

Jim Niemeyer: So, they got that cleaned out, no problem.

 

Carl Conner: Okay.

 

KOEHLER DITCH:

 

Jim Niemeyer: A roadside slide along side Sharon Road and Route 61 was investigated andÖÖ will this be a joint project between us and the Highway Department?

 

Robert Wilson: The Highway department since itís a roadside ditch is actually designing somethingthey feel will stabilize and they are going to get back with us on that.

 

Carl Conner: Is that at the intersection?

 

Robert Wilson: Well, it starts at theÖÖ.Koehler Ditch actually crosses 61 on the South side of Sharon and comes from the intersection and goes west.

 

Carl Conner: So, they do not have a solution designed yet?

 

Robert Wilson: No, this issue just came up last week.

 

Carl Conner: Okay, so that was just for information.

 

 

 

POKEBERRY DITCH:

 

Jim Niemeyer: The next one concerns Pokeberry Ditch. The field investigation showed that the banks need stabilized.

 

Robert Wilson: Thatís another one where weíre just looking for consensus to go ahead and get bids to get the bank stabilized. The farmer there wants to put a filter strip in and would like us to get the bank stabilized before he puts in his filter strip.

 

Don Williams: There are two different sections of Pokeberry Ditch thatís got problems, did you see both of them?

 

Robert Wilson: No, actually this isnít Pokeberry, itís Sugar Creek, a tributary of Pokeberry.

 

Don Williams: Which is right upÖ it goes all the way up to the County line?

 

Robert Wilson: Right, its up in the way Northeast corner of Weby Road and 68 is where this is and the banks are pretty bad. Itís not a very long section, but they are really nasty in the section that he wants repaired.

 

Don Williams: Okay, thereís one right there on, I guess its County Line Road and there is a section there that really needs stabilized too and then the one down on the farmers field, where instead of 68 there you go past 161 as you go around that curve, I canít remember the name of the road, I think it might be County Line Road and go straight there and if you go down and look the South side of that is Warrick County and there is a section there that is destabilized there pretty bad. You might want to look at that also.

 

Robert Wilson: Okay, I know where your talking about, weíll look into that.

 

Carl Conner: Would you like for them to go ahead and get bids?

 

Don Williams: I would, yes. I would move that we have them go ahead and get bids on the Pokeberry Ditch Project?

 

Carl Conner: Have a motion on the floor to direct them to go ahead and get bids on the Pokeberry Ditch Project, do I have a second?

 

Phil Baxter: Second

 

Carl Conner: Have a second, all in favor state by saying aye.

 

Phil Baxter: Aye

 

Don Williams: Aye

 

Carl Conner: Aye, passes three to zero. Okay Jim.

AERIAL PHOTOS:

 

Jim Niemeyer: The next item is concerning the sale of Aerial Photos. The staff checked out how many photos we actually have in our files and we have 2,960 photos, which were purchased last year and cost us $60,000.00. So the cost per photo is $20.27 and we feel like that if we sell any of them they should be at that price.

 

Carl Conner: I guess Iím going to show my ignorance here, but I wrote down a question here, who would normally request or make such purchases?

 

Robert Wilson: We actually have a consultant withÖI forget what Engineering company heís with, that wants to purchase a pretty good section of photos, I think itís a couple of sections worth.

 

Carl Conner: So its not basically the typical tax payer.

 

Robert Wilson: No, not generally.

 

Carl Conner: So these are professional people

 

Robert Wilson: Yes

 

Carl Conner: Any other questions or comments from the Board?

 

Don Williams: No, I thinkÖ I donít know what the attorney has to say, but if they cost us $20.27 apiece they ought to be worth the same thing to them donít you think?

 

David Zengler: I would think so yes.

 

Carl Conner: My only question is how do we handle that money, does it go back in the Cumulative Drain, since that is where it came from?

 

Don Williams: That is where it should go, do we need a mechanism orÖ..cause normally you donít sell any copies, do you?

 

Robert Wilson: Just paper copies that ends up being just a few dollars, cause this will be $2,000.00 worth of photos.

 

Don Williams: Do those not go, do they go in Cumulative Drain or what?

 

Robert Wilson: At the end ofthe year, the photo paper copies that they make, Iím not sure how they do that.

 

Don Williams: Do they go in Cumulative Drain, Cheryl?

 

Cheryl Embry: Yes.

Don Williams: I donít see a problem.

 

Carl Conner: I think that we ought to charge them, especiallyÖ..I mean I agree that we need to recover our costs, but I think we need to recover some of our overhead costs also and make some profit, especially since itís the fact that they are being requested by Professional Engineering Firms and they can write that off on their taxes. I would recommend that we charge $25.00 per photo.

 

Don Williams: I think we need to get a legal opinion, as Iím not sure the Countyís allowed to make a profit.

 

David Zengler: Lets put this off for two weeks and let me look at that.

 

Carl Conner: I mean, because by the time you figure our overhead and everything, weíre probably not making a profit at $25.00 a photo.

 

David Zengler: Yeah, I know what you are saying.

 

Don Williams: If we sell enough copies of the same picture, we might.

 

Carl Conner: I would move that we table that until the next regular meeting which will be the 27th.

 

Phil Baxter: Iíll second that.

 

Carl Conner: Have a second, all in favor state by saying Aye.

 

Phil Baxter: Aye

 

Don Williams: Aye

 

Carl Conner: Aye, passes three to zero.Okay, Claims, Jim.

 

Jim Niemeyer: Iíve got a couple items under Other Business.

 

Don Williams: Well, claims are before that on the agenda.

 

CLAIMS:

 

Don Williams: Mr. President, I would move that we pay the claims.

 

Carl Conner: I have a motion on the floor to approve the claims in the amount of $5,624.93, do I have a second?

 

Phil Baxter: Second

 

Carl Conner: Have a second, all in favor, state by saying aye.

 

Phil Baxter: Aye

 

Don Williams: Aye

 

Carl Conner: Aye, passes three to zero.

 

COUNTY DRAINAGE ORDINANCE:

 

Jim Niemeyer: This is concerning the County Drainage Code and it was initiated last year by Karan and then it dropped and I think that we should resurrect this because a Drainage Code is needed and I have a quote from Bernardin Lochmueller & Associates, which is the same that they made to her. I have the contract here and everything along with the minutes where it was discussed and it was in October, so I attached that to it. I would recommend that you review that and hopefully have it signed so we can establish a County Drainage Code.

 

Carl Conner: Do you know what the cost is?

 

Jim Niemeyer: $9,770.00

 

Carl Conner: Okay, is that the contract from Bernardin & Lochmueller? Dave, have you had an opportunity to look at this?

 

David Zengler: I looked at it and I had another thought and the question is on funding, but if you want to discuss whether to go ahead thatís fine, but the question on funding, give me two weeks.

 

Carl Conner: Okay, why donít we table the request until the attorney gets back with us on the 27th. I would put that in the form of a motion.

 

Don Williams: Iíll second that.

 

Carl Conner: Have a second all in favor.

 

Phil Baxter: Aye

 

Don Williams: Aye

 

Carl Conner: Aye, passes three to zero.

 

 

 

 

 

 

QUAIL CROSSING PHASE III LOT 62:

 

Jim Niemeyer:There was a request to vacate part of the easement there and shortly before the meeting, I was approached by Sherri Phillips and Bill Bivins and they would like to table this for two weeks.

 

Don Williams: There is no need to table it, its not on the agenda.

 

Robert Wilson: It comes up under the Commissioners.

 

Carl Conner: Well, if she brings it up at the Commissioners Meeting, then we will table it if thatís what they want us to do. Any other business, any member have any business? The attorney have any business?

 

All answered no.

 

Carl Conner: Therefore, I look for a motion to adjourn.

 

Don Williams: So moved.

 

Carl Conner: Have a motion on the floor to adjourn, do I have a second?

 

Phil Baxter: Second

 

Carl Conner: Have a second, all in favor state by saying aye

 

Phil Baxter: Aye

 

Don Williams: Aye

 

Carl Conner: Aye, passes three to zero. We are adjourned.