WARRICK COUNTY DRAINAGE BOARD

COMMISSIONERS MEETING ROOM

107 W. Locust St. Courthouse

Boonville, In. 47601

April 27, 2005

3:00 P.M.

 

The Warrick County Drainage Board met in regular session with President Carl Jay Conner presiding, also in attendance was Don Williams, Secretary, James E. Niemeyer, Surveyor, David K. Zengler, Attorney for the 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 27, 2005 to order.

 

APPROVAL OF MINUTES:

 

Carl Conner: The first order of business is the approval of minutes from April 13, 2005, do I hear any questions, changes in regards to the April 13, 2005 minutes, if not I would look for a motion to approve as presented.

 

Don Williams: President, move to approve.

 

Carl Conner: Have a motion to approve as presented, second, all in favor state by saying aye.

 

Don Williams: Aye

 

Carl Conner: Aye, passes two to zero.

 

Carl Conner: The next order of business is quote openings relative to work on Bluegrass Creek. How many do you have there, Jim?

 

Jim Niemeyer: Four

 

Don Williams: Has the agenda been amended?

 

Carl Conner: Yes, it has been, sorry. Bluegrass is the only revision.

 

BLUEGRASS CREEK: QUOTE OPENING:

 

Carl Conner: Do you have the sealed bids there?

 

Don Williams: Pass them down please.

Carl Conner: We’ll have the attorney open them.

 

Jim Niemeyer: We have insurance certificates too, for all four.

 

Carl Conner: Okay, what do you have there, Dave?

 

David Zengler: I have a bid from Bigge Excavating, a bid for Bluegrass Creek tree grinding and removal, he says price per foot for approximately 900-foot at $4.00 with a total cost of $3,600.00.

 

Carl Conner: 900-foot

 

Don Williams: This is just phase I? The first phase?

 

Jim Niemeyer: Right

 

Carl Conner: Hopefully, we’ll be able to get through phases before the year is over.

 

David Zengler:   From Jerry Aigner Construction, Inc. bid price $4,950.00.

 

David Zengler: From Seven Hills Road…from Terry Johnson 900 linear feet at $6.40 for a total of $5,760.00. and from Naas and Sons, Inc. in Haubstadt for the 900 lineal feet they show $3,740.00.

 

Carl Conner: Okay, is there any questions or comments from the Board?

 

Don Williams: Have none.

 

Carl Conner: Hearing none, I would look for a motion in regards to approval of one of the four quotes that was submitted.

 

Don Williams: I would move that we select the low bidder, Bigge Excavating for the Bluegrass Creek Phase I in the amount of $3,600.00.

 

Carl Conner: Second, all in favor state by saying aye

 

Don Williams: Aye

 

Carl Conner: Aye, passes two to zero. Okay, Jim, would you like to go ahead and move on.

 

Jim Niemeyer: The next item is the Orth-Schmitt complaint.

 

ORTH-SCHMITT COMPLAINT:

 

Jim Niemeyer: This was tabled from the last meeting on April 13th and in reviewing that situation, the water drains from Northwest to Southeast, a berm was constructed apparently to prevent that flowage, so as to prevent the field, which is owned by Mr. Schmitt to be free from flowing water. But, at the same time it appears that Mr. Orth’s property remains wet. There’s two things that we can do, one is do nothing, number two is to go in there and clean out that berm, I call it a berm ditch, clean it out and set a slope on it and also to remove the blockage at the head of that ditch, which was created, I believe in my opinion by the installation of a culvert parallel to the railroad track. If that were removed and the ditch, we run a line on it and taper it, it would be a good ditch and it would drain into a drainage ditch. I estimate the time to do that would be one day or give or take, it’s probably about a 1,000 feet maybe less.

 

Don Williams: Your talking about just cleaning out the blockage?

 

Jim Niemeyer: Cleaning out the blockage and run a grade on it so it does drain properly, cause there is water standing in it.

 

Don Williams: That’s not a legal drain, can we do that?

 

Jim Niemeyer:  No, I consider it to be a natural drainage, which was……….

 

Don Williams: It is a natural drainage, I think that’s for sure.

 

David Zengler: I think you could….obviously you could do the blockage and to  make a drain, you could probably do that.

 

Carl Conner: Without it being a legal drain?

 

Don Williams: Would moving the blockage do it or would the water make it’s own trail, cause the berm is there, obviously it’s a ditch now.

 

Jim Niemeyer: Yeah, it’ll flow, but I still would run a grade on it, at least particularly on the south end because it does come up slightly there and that’s causing the water to stand in that ditch now. Cause it was about 6-8 to 10 inches deep. I know that Mr. Orth has tried to find the company or parties responsible for installing that drain tile that parallels the railroad track, but he has not had any success in that and Mr. Schmitt refuses to remove that blockage.

 

Don Williams: He maintains he didn’t put it there, so he shouldn’t have to remove it? Is that his contention, he didn’t put it there so he doesn’t have to remove it?

 

Jim Niemeyer: That’s what I took him to say.

 

Carl Conner: What are we talking about in terms of cost, do you have any idea?

 

Jim Niemeyer: I am going to estimate a $1,000.00 approximately.

 

Carl Conner: Ok, any other discussion?

Don Williams: I guess my only other question would be to make sure we’re on good solid legal grounds to do that, cause we do have to go on Mr. Schmitts property to do what your wanting to do. The third option would be to make that a legal drain going down to, make a branch down to the legal drain, that would be another option. I don’t think either party would like that, cause that would make an automatic 75-foot easement on both sides of the ditch. But that is an option.

 

David Zengler: Yes, that would be an option that we would have to do notices on, but yes, that would be an option.

 

Carl Conner: Well, and we’ve been through that process, we’re just taking bids here on Bluegrass.

 

Don Williams: Yes, we can get through the process, we know how to do that. But, do we need to go that far with it? Cause I see a possibility of a lawsuit, I don’t know if it would be a successful lawsuit.

 

David Zengler: You had the hearing and so on, which was actually done before I started, but you determined that Mr. Schmitt was at fault.

 

Don Williams: But he has removed the trees that he put in that ditch, at least up to that top section.

 

Jim Niemeyer: The only thing is that if we were to do it ourselves we would have cleaned it out totally, there wouldn’t be any……but, I mean it’ll work, in time it may develop blockage again from debris flowing down along the ditch.

 

Don Williams: My thought would be, lets do it a step at a time, lets go ahead and contract to remove the blockage that may or may not have been put in there by either the railroad or Mr. Schmitt and we really don’t know as it’s been in there a long time, that was obvious when I looked at it that it had been there for awhile and see if that doesn’t help drain the Orth’s property. If it still backs up and there are still problems then we need to consider I think either option 2 or 3 either going in and cleaning it out as a natural waterway or even possibly making it in a legal drain since it’s a ditch between two branches of a legal drain so a legal branch wouldn’t be that much of a deal, what are we talking about 400-500-feet?

 

Jim Niemeyer: For the entire ditch? Yeah, probably.

 

Carl Conner: Dave, what would be the probabilities of us having legal recourse if we did not do a legal drain, but we went in there and just cleaned it out and shot the grade and graded it down?

 

David Zengler: Well, I guess the issue becomes whether that’s a….. doing more than cleaning a blockage and I think you can clear the blockage without a problem.

 

Carl Conner: But, doing anything else could open us up.

David Zengler: Then there’s an issue, I would say.

 

Jim Niemeyer: The one objection that Mr. Orth has is that if the blockage isn’t removed….

By removing the blockage we will prevent water running onto his property when rains become heavy and you can see evidence of it eroding around the blockage, so eventuality it is going to get there and the other alternative is would be one if his solutions on his property would be to build a dam across the Northeast corner so that the water can’t escape from the railroad drainage there onto his property.

 

Carl Conner: Any further discussion, having none, do I have a motion?

 

Don Williams: I would move that we instruct the Surveyor, I assume your going to be on railroad Right-of-Way when we remove that, I would think I can’t remember how much Right-of-Way, My motion would be to instruct the Surveyor to remove the obstruction going down the natural drain.

 

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

 

Don Williams: Aye

 

Carl Conner: Aye, passes two to zero.

 

Don Williams: If that doesn’t do the job, we’ll come back and probably have to make it a legal drain. I don’t see any other option really.

 

David Zengler: Yeah, I would say so.

 

Don Williams: I don’t know if that was what Mr. Orth was looking for or not but hopefully it will help the situation.

 

Carl Conner: I would sure hate to go through the process of making it a legal drain so we could spend $500.00 to get it to drain properly.

 

GARDNER-WEBB DITCH:

 

Jim Niemeyer: This was tabled from the last meeting so the Board could have a chance to visit.

 

Carl Conner: I think I said in the last meeting that I feel like we probably need a concentrated effort there by County Surveyor’s Office and the County Highway Department because that is a real safety issue. I guess my question is, what is the plan from the standpoint of how much footage we are actually going to enclose along that road?

 

Robert Wilson: We’re going to enclose……I think last Commissioner’s Meeting the Engineering Department asked for permission to buy the box and there was some issue with the bidding procedure, so….

Carl Conner: I’m talking about parallel.

 

Robert Wilson: And then basically from that box all the way South until the ditch turns and goes East into Gourley Place feet so it would 300-feet of ditch including underneath Jeremy Lane, I think there will be a new pipe under the road there and all of the big part of the ditch will be gone.

 

Carl Conner: Okay, well, I think that was basically the plan that we had previously, so…..all right, that’s the only question I had.

 

Robert Wilson: So, we’re trying to work in conjunction with Steve’s Office, we can’t put our pipe in until they get the box in and they can’t put the new box in until we get the ditch on the other side of the street lowered, so it’s a hand in hand.

 

Don Williams: Who pays for the box?

 

Robert Wilson: Highway Department, what we were suggesting was to pay for the ditching work on the opposite side of the road to lower the legal drain and then pay for the pipe in our portion of the roadside legal drain and then the Highway Department would install it all and pay for the box.

 

Carl Conner: Well, we can do that, I mean all the work parallel to…..along the road.

 

Robert Wilson: Right, the only work that we would be having done would be the ditch on the opposite side of the road between the two subdivisions.

 

Don Williams: On the East side of the road?

 

Robert Wilson: The West, between Brooklyn Ridge and the new subdivision that’s going in.

 

Carl Conner: Do you recall the estimated cost, the County Highway was looking at?

 

Robert Wilson: For the pipe? For us to purchase? I don’t know what the box is going to cost.

 

Carl Conner: They generally do not put a dollar amount to labor or to………

 

Jim Niemeyer: The pipe along the ditch there on the east side is approximately $23,000.00.

 

Carl Conner: $23,000.00

 

Jim Niemeyer: I think it was 58 inch.

 

Robert Wilson: Yeah, its like 50 something 52-55 inch pipe, it’s big.

 

Carl Conner: Any other questions from the Board?

 

Don Williams: My only question is why are we going this with Highway Funding instead of Cumulative Drain since it’s a legal drain going under the road?

 

Robert Wilson: I think the indication was before, from what we got out of the correspondence from the previous Surveyor was that there was some legality issues of us buying structures under the road, there in the road Right-of-Way.

 

Carl Conner: Not having a legal background, that appears to be logical, but I would defer to our attorney.

 

Robert Wilson: I don’t know that was in some of the correspondence that we found…..

 

Don Williams: It’s a legal drain going under the road….

 

Robert Wilson: Right, and in the correspondence from the previous Drainage Board Attorney, he indicated that we cannot buy structures under the road, if it crosses under the roadway itself, the Highway Department has to pay for the structure. That was just the correspondence that we had, I don’t know……

 

Carl Conner: I was always under the impression that if it’s in road Right-of-Way that it would be the Highway Departments responsibility.

 

Robert Wilson: Well, technically the entire project is in the road Right-of-Way, the roadside ditch is too. We were just trying to work hand in hand with the Highway Department to get this….cause they obviously have limited funding as well to get this project done.

 

Don Williams: I think as long as it’s a legal drain this Board can do it itself, but……

 

Robert Wilson: I don’t remember how much the box culvert was though, it was quite expensive about 3 times the pipe.

 

Don Williams: We need to get it done because it is an issue.

 

Carl Conner: David, do you have an opinion?

 

David Zengler: I was talking to Don, I thought that off the top of my head, I was thinking it could be done by either one. I mean, I think it would be this Board’s option as either its drainage….but obviously I’ve never really researched that. So, if you really want an opinion I probably need to look at it.

 

Carl Conner: Yeah, I think we probably need to table it especially since Bob says that we already have in writing an opinion from one attorney, so we probably need to have you research that and come back to the next scheduled meeting with some kind of answer if you don’t mind.

 

David Zengler: Ok, that would be fine.

 

Carl Conner: I would look for a motion to table until the next meeting.

 

Don Williams: So moved

 

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

 

Don Williams: Aye

 

Carl Conner: Aye, passes two to zero.

 

LITTLE PIGEON CREEK:

 

Jim Niemeyer:  The next item is Little Pigeon Creek situated in the Northeast part of the County, there are three log jams currently exist and the jams are in Spencer County causing the water to back up in Warrick County and this is a joint project. What we need to do is set up a meeting between the Boards and I guess in order to do that we need some alternate meeting dates.

 

Don Williams: Carl, you and Phil were a member of that, weren’t you?

 

Carl Conner: Yeah, is there any possibility of having it set up on a Wednesday, when we’re here?

 

Jim Niemeyer: Well, we only had one date and that was Tuesday, but I’ve been talking back and forth between the County Surveyor and he’s having problems getting everybody together too, so I thought if we could just come up with some alternate dates or just say this is the time we’re going to do it and just do it.

 

Carl Conner: I wonder if we could do it this Friday, we would have to get a-hold of Phil and see if he could make it, if not this Friday, the following Wednesday is the 4th and I will be in Indianapolis, so I won’t be able to make that one.

 

Robert Wilson: On these type of projects are we generally the lead County in this or..I guess should one of our Counties solicit bids for removal and have them ready for the joint Board?

 

Carl Conner: I think that probably what we need to do and this is just my opinion, but, Joint Board needs to act and meet first and give direction.

 

Robert Wilson: I was just trying to expedite the process a little bit.

 

Carl Conner: I understand.

 

Jim Niemeyer: If we can get say two or three dates and then get those to you

 

Carl Conner: Well, why don’t we shoot for this Friday, if possible or lets shoot for next Tuesday, which would be the 2nd or 3rd.

 

Jim Niemeyer: That’s a Holiday.

 

Don Williams: May 3rd is a Holiday, what Holiday is that?

 

Robert Wilson: Election Day and there’s no election.

 

Carl Conner: I did not think that it was a Holiday cause there was no election, I was rather shocked when I saw that. Well, lets try for Friday.

 

Robert Wilson: What time, any time of the day?

 

Carl Conner: Probably later on in the day would probably be better. Why don’t you check with them to see what would be better and to see if they’re available and we’ll get a-hold of Phil.

 

Jim Niemeyer: I’ll let you know tonight or in the morning.

 

AERIAL PHOTO SALES:

 

Jim Niemeyer: The next item was aerial photos, concerning the sale of photos.

 

David Zengler: You had asked me to look into that and there was a question as to where the funds would go and I think they would go to Cumulative Drain. I think profit as long as it is reasonable, the issue that I had but really wasn’t asked to look into was a question about…. And I am going to ask that you put this off for another two weeks so that I could get it resolved about the license issue and whether we actually have the right to sell photos, just because you have photos, we may not have the right to sell them, so I want to look at that issue.

 

Don Williams: I don’t have a problem with that, I just thought that anything that comes into Government possession is Public Property pretty much and you have to make it available. You don’t have to give it away, but you have to make it available. I don’t mind tabling it myself.

 

Carl Conner: I would think that its like any other service, you can legally charge for those services and it looks like to me that we could probably…..

 

David Zengler: I’m not disagreeing with you, I just know that with photos you sometimes get into a…you can’t always reproduce them.

Don Williams: It’s like a copyright issue.

 

David Zengler: Yes, a copyright issue.

 

Carl Conner: I would look for a motion to table until next meeting.

 

Don Williams: So moved

 

Carl Conner: I have a motion on the floor to table, Second, all in favor state by saying aye.

 

Don Williams: Aye

 

Carl Conner: Aye, motion passes two to zero.

 

DRAINAGE ORDINANCE:

 

Jim Niemeyer: The next item is with regard to a Development of a County Drainage Ordinance and that was tabled to provide time for Mr. Zengler to review that and he has informed me that everything appears to be in order.

 

David Zengler: That can be taken out of Cumulative Drain, I talked with, I wasn’t, I guess my problem was I didn’t know what had been taken out of Cumulative Drain before and I realized there had been other things you know so…I’ve talked with Crystal and several others and we all come to the conclusion that if that’s what you would like to do is take that ordinance out of Cumulative Drain.

 

Don Williams: What is the cost of the ordinance again?

 

Jim Niemeyer: $9,700.00

 

Carl Conner: How much?

 

Jim Niemeyer: $97

 

Carl Conner: Hundred?

 

Jim Niemeyer: $9,770.00

 

Don Williams: Can we just borrow another counties and have Roger retype it with our name on it, we could save a lot of money.

 

Robert Wilson: We could get Vanderburgh’s and do that.

 

Don Williams: Then have our attorney review it?

 

Robert Wilson: We do have Vanderburgh’s but they have so much more developed area than we do, we’d have to amend it quite a bit.

 

Carl Conner: I think $10,000.00 is rather high, seriously what are our other options?

 

Robert Wilson: Well, this is a carry over from the previous Surveyor.

 

Carl Conner: Any dollars already spent?

 

Robert Wilson: It was asked for last year in Additional Appropriations from General Fund, I believe?

 

Carl Conner: But it was denied?

 

Robert Wilson: I don’t know.

 

Jim Niemeyer: It never materialized.

 

Robert Wilson: She rescinded, she never followed through with it.

 

Don Williams: Do we need to send it out for quotes?

 

Robert Wilson: We could do that, we could ask for bids again on it.

 

Don Williams: What do you think, Commissioner Conner?

 

Carl Conner: I’d prefer to do that to see if we could get something a little less expensive than $10,000.00, I mean….

 

Don Williams: I’m not so sure we couldn’t commission our Attorney to write it You know he might charge us extra, I don’t know what his contract reads but…..

 

Carl Conner: I’m sure he wouldn’t do it for what we’re paying him on a monthly basis. (laughter)

 

David Zengler: Well, it might take me 4 or 5 years at the rate your paying me, but……

 

Robert Wilson: I mean, we could look into that and we could collect ordinances from several other counties and try to come up with our own.

 

Carl Conner: I mean it would save us some time and it would give the attorney some guidelines to follow, I mean there is no reason to re-invent the wheel.

 

Robert Wilson: I think this actually included some money to tie in certain points with the new Subdivision Control point too, to control subdivision control manual.

 

Jim Niemeyer: We need to tie it in to all the subdivision ordinances and soon it will have to tied into MS4 when that begins to get started.

 

Robert Wilson: I don’t know if it needs to be part of that or a separate thing on its own, but its all things that are coming down the pipe.

 

Carl Conner: I would make a motion that we look into some other options from the standpoint of cost, maybe you need to go out and see what else you can find in other local counties and come back and lets see if maybe we can work with our attorney relative to reducing that fee substantially.

 

Don Williams: Not if its outside the scope of your contract it doesn’t mean we couldn’t, there’s no contract we could that, I’m assuming.

 

David Zengler: That’s fine, whatever you prefer.

 

Don Williams: It depends on what the cost would be.

 

Carl Conner: Do I have a second/

 

Don Williams: You do, sir

 

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

 

Don Williams: Aye

 

Carl Conner: Aye, passes two to zero. Ok, Jim, River Bluff Subdivision.

 

Jim Niemeyer: We’ve got claims before that.

 

Recording Secretary: Mr. Williams, did you get a copy of the revised claims list?

 

Don Williams: Does it have four claims on it?

 

Carl Conner: Here’s a copy. What is a Watercraft Canoe, am I reading that correctly?

 

Robert Wilson: Correct, it’s a canoe. There are times when the creek is rised up where we cannot ride the four-wheeler along the banks and if a jam or obstruction occurs at any distance at all we can’t get to it.

 

Don Williams: Don’t you think a pair of hip-boots would have been a lot cheaper?

 

Robert Wilson: They won’t….I’m talking about a creek that’s 8-feet deep.

 

Jim Niemeyer: We’ve got them.

 

Robert Wilson: That was my next part of it, there is also times when we need to shoot grade that we literally can’t get out in the middle of the creek to do it because it is too deep, so we wouldn’t use it daily, but we would use it several times a year.

 

Carl Conner: Do they furnish paddles with it or are we going to see paddles on the next list of claims?

 

Robert Wilson: No, they are included.

 

Don Williams: Well, it’s a lot cheaper than an ATV, you have an ATV right? I thought the ATV stood for All Terrain Vehicle.

 

Robert Wilson: It does pretty good until the water gets too deep.

 

Carl Conner: Water gets in the gasoline tank, doesn’t it Bobby?

 

Don Williams: Just to expedite things I make a motion we approve the claims in the amount of $1,131.25.

 

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

 

Don Williams: Aye

 

Carl Conner: Aye motion carries two to zero.

 

RIVER BLUFF SUBDIVISION:

 

Jim Niemeyer: The next item concerns the River Bluff Subdivision, there is a natural water flow problem. The complainant is Mr. Reburn and he is here, would you care to step up to the podium.

 

Carl Conner: Please give us your name and where you live for the record, please.

 

Bill Reburn: My name is Bill Reburn and  I live at 6166 River Bluff Drive.

 

Carl Conner: Is there anything that you want brought to our attention relative to the issue?

 

Bill Reburn: Yes, when I bought the house in 1987, I thought I bought drainage with it too the way the land was sloped, my neighbor messes it up then, I went to my builder, my builder after two years agreed to fix it, but my neighbor said I am not letting him on my property. So now 15 years later he has decided that he wants to dam it up more and run the water back off over my property, which is going to stand like a pond and told me that no water will run over the bank to the river and that is a natural drain, is what I was told.

 

Don Williams: Have you had a chance to look at it?

 

Jim Niemeyer: Robert and the staff went out there and we’ve got…….

 

Carl Conner: Sir, were you done with your comments?

 

Bill Reburn: No, I was just going to tell you, he told….I ask him…I don’t know how to work with you guys, I tried to do this in 87 and I got the run around every time I called, so this time, my son was a surveyor up until a year ago and he quit surveying and he told me to come up and talk to these guys and get it started again. The man, Jacobs told me how he is going to do it and basically he is going to run everything in my yard and then tear up my yard so he can drain out over the sidewalk into the street and I said don’t you have to have permits and he said I can do anything I want. So when he told me that I thought, so you know what that is why I am here trying to get it stopped and he keeps adding dirt to it every day and it runs uphill like Bob will tell you.

 

Robert Wilson: We visited the site and this is an actual 10-foot public utility and drainage easement.

 

Don Williams: Do you have any pictures?

 

Robert Wilson: Here are packages for each of you. I reviewed the street plans and the drainage is supposed to go south towards the river. Mr. Jacobs told Mr. Reburn that he wants to put a catch basin out to the street and I talked to the Engineer and he is not in favor……..

 

(The Board is looking a pictures that were taken at the site with Robert describing the problem.)

 

Robert Wilson: This is a quite large hill and that is how much he has built it up.

 

Carl Conner: And that is in a legal drain?

 

Robert Wilson: It’s not a legal drain, it’s in a drainage easement. Mr. Reburn resides on lot 9 & 10 with 10 being vacant it drops off…..this is a 100 year flood plain.

 

Carl Conner: You said it is in an easement.

 

Don Williams: You can even see it in the map where its going.

 

Robert Wilson: Yes, it is a 10-foot drainage easement and Mr. Jacobs stated that water was not supposed to run in that direction. His plan was to run it back here up the common lot line and up into the street.

 

Don Williams: If he wants to build it on his property, could he not put a pipe in?

 

Bill Reburn: He doesn’t want to do anything like that, he wants everything to come to my property and put a catch basin in and tear up my yard, which he………

Don Williams: Thanks to Mr. Orth there we do know how to handle this now. I think we can make a finding with these pictures don’t you Commissioner Conner?

 

Carl Conner: I would like to ask Dave, from a standpoint, what would be the steps we can take?

 

David Zengler: Well, I think Mr. Reburn would need to file a written complaint and we would set that for hearing, notify both parties and…….

 

Carl Conner: Now will he need to file the written complaint or can the Surveyor’s Office file it since he’s already aware….

 

David Zengler: No, he would have to file it and he would have to sign it, I think….you know…. They could help him.

 

Don Williams: He would just have to file a complaint about Mr. Jacob obstructing Natural Water way and then there would be an investigation and we would have an open hearing and then we make a finding and do what has to be done.

 

Carl Conner: And I assume you are willing to that, right?

 

Bill Reburn:  Yes, I’m retired now, I’ve got all the time in the world. I’ve put up with it this long, I can put up with it another two or three days.

 

Don Williams: It may be a couple of months before its done. But, it probably won’t take as long as it did with him (Orth).

 

Carl Conner: Would you mind working with Jim in his office and they will help you draft a complaint and then we’ll follow up on the complaint and then as the attorney said, we will have a hearing and of course we will ask both parties to be present at that hearing and then we will make a decision.

 

Don Williams: I anticipate, Mr. Reburn if everything goes right that the hearing could be as soon as the first Wednesday of next month which is our first meeting.

 

Bill Reburn: Are they always at 3:00?

 

Robert Wilson: Yessir, 2nd and 4th Wednesdays  of the month.

 

Carl Conner: Lets just go ahead and establish a date then, we have this ready for the second meeting of May.

 

Cheryl: The 25th would be the second Wednesday, the second meeting.

 

Robert Wilson: No, we want the second Wednesday.

 

Carl Conner: Set it for May 11th do you already know, you will have to be here on May 11th. Thank you very much.

 

David Zengler: Jim, if we’re going to do that, I think we need to get the petition filed and we’ve got to give due notice, I mean, it can be done but it needs to be done right away.

 

Bill Reburn:Well, he is moving dirt even as we speak. The other day I talked to him early in the morning and they came out in the afternoon and he had probably already…..see he’s digging out under his house to park his tractor, the four-wheeler and stuff like that and he’s just bringing this dirt out and bringing it over to my property and boom…dropping it off.

I don’t know if I would want him as a guy to build my house if he goes out and digs under houses after their standing, there has got to be more weight there, I would think but….

 

Carl Conner: Thank you for your time. We’ll see you on May 11th and please get with the County Surveyor and he will help you get all of that completed, all the paperwork. Jim, do you have any other business to bring before us.

 

Jim Niemeyer: I received a call from Bill Bivins concerning Quail Crossing and a Drainage Easement, a vacation of a drainage easement on lot 62.

 

Carl Conner: Yes, weren’t they going to table that?

 

Robert Wilson: Yes, we can bring it up at another meeting.

 

Carl Conner: Don do you have anything? Dave? I would look for a motion to adjourn.

 

Don Williams: No, I have nothing. I move to adjourn

 

Carl Conner: Got a motion to adjourn, second all those in favor state by saying aye

 

Don Williams: Aye

 

Carl Conner: Aye passes two to zero. Meeting adjourned.