WARRICK COUNTY DRAINAGE BOARD

COMMISSIONERS MEETING ROOM

107 W. Locust St. Courthouse Suite 30

Boonville, Indiana 47601

June 22, 2005

3:00 P.M.

 

 

The Warrick County Drainage Board met in regular session with President Carl Jay Conner presiding, also in attendance was Phillip H. Baxter, Vice-President; Don Williams, Secretary; James E. Niemeyer, Surveyor and David K. Zengler, Attorney for the Board.

 

Minutes recorded by Cheryl D. Embry.

 

President Carl Conner called the Warrick County Drainage Board meeting of June 22, 2005 to order.

 

APPROVAL OF MINUTES:

 

Carl Conner: The first item or order of business is the approval of minutes for June 8, 2005, is there any questions or comments from the Board or changes relative to the minutes as they have been presented?

 

Don Williams: I have one minor change which I gave to Cheryl and assume she has already done it on her computer, just changing the word you to the word your, that would be, if you want the page number where I made a statement on page 10. Where I asked, is this your home and she has, is this you home, which is as far as I can remember the only mistake Iíve ever caught her in, in a couple of years so sheís done a fabulous job.

 

Carl Conner: Where isÖDon Williams, is this you home should be your home?

 

Don Williams: Yeah, where it says you home, it should be is this your home, yeah. It was on that Hay situation. Thatís the only thing, Youíve already got that changed on your computer?

 

Cheryl Embry: Yes sir.

 

Don Williams: Thereís really no need to even make a motion, but I wanted to let you know that I called her early and she already has that changed.

 

Phil Baxter: I have none.

 

Carl Conner: Do I have a motion to approve the minutes for June 8, 2005 with the change on page 10 where Don Williams says you needs to be changed to your?

 

Don Williams: So moved.

 

Carl Conner: Have a motion on the floor to approve, 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. Jim, do you want to go ahead and give us reports on the Lynch Road Project?

 

LYNCH ROAD PROJECT:

 

Jim Niemeyer: Last week, I was invited to come out to the Lynch Road Project site and I was called by Mr. Ted Colbert, he is project Engineer for Bernardin & Lochmueller on the Lynch Road Extension into Warrick County. They had a question, if weÖ.about cleaning out a ditch, a portion of Boesche Ditch and I highlighted that on the aerial where it says cleaning because what they want to do is to clean that out rather than alter their design because by cleaning it out they saved $11,000.00 worth of expense. Don and Phil gave me tentative approval to go ahead, but we want to enter it into the minutes here this evening and so there was 550 feet at $1.65 a foot, which came to $907.50.

 

Don Williams: Jim, I actually thought we approved that, didnít we?

 

Jim Niemeyer: It was just verbal, you gave me verbal approval to do that.

 

Don Williams: It was at open meeting, wasnít it? Or did you come to us individually?

 

Jim Niemeyer: I came to you and Phil when you were in theÖ..and you said to go ahead cause it is kind of an emergency, because they have all of their construction equipment out there and did it pretty cheap, $1.65 for 550 feet of ditch, but also, we met with the land owner out there and he was concerned about flooding his field and like Mr. Cobert said, they wonít take anymore water on. It basically going to continue to drain the same amount of area, but it will be more efficient, so the land owner wanted to have installed two 8-inch by 20-foot plastic drains with flapper valve on eachÖ.on one end and these will be installed in swales because then after heavy rains the water would stay out of his field. The field would drain after the ditch went down.

 

Don Williams: Did you run that by the Engineer?

 

Jim Niemeyer: Yes

 

Don Williams: And heís in agreement?

 

Jim Niemeyer: Yes, and it was a reasonable request and that plastic tubing was $720.00 including the valves. Then Steve suggested that I consider crop damage and I estimated crop damage at 550 feet by 40 feet which is a Ĺ an acre and assuming an average yield of 45 bushels per acre at a cost of $7.70 per bushel, the damages would be $160.00. So a total amount of expenditure would be $1,787.50.

 

Carl Conner: Okay, since you were given verbal approval last week we probably need to have a motion made and seconded for the approval to be put in the minutes, so do I hear a motion to approve the expenditure of $1,787.50 for the work that has been done on the Lynch Road Extension/

 

Phil Baxter: So moved.

 

Don Williams: Second

 

Carl Conner: All in favor state by saying aye.

 

Phil Baxter: Aye

 

Don Williams: Aye

 

Carl Conner: Aye, passes three to zero. You want to give us a report on the Hays- Handcrafted Homes?

 

HAY VS HANDCRAFTED HOMES:

 

Jim Niemeyer: I gave you each a set of photos there, I didnít write out a report, but it really looks much better now and the water has been drained out of the impoundment, away from it and the pictures show how they shaped it and you can see in the bottom of this upper picture the drain. So, everything from the East and around flows to that swale there into that drain. It wasnít quite finished yet, they hadÖ. it was kind of roughed in. I havenít been back for a couple of days, so I donít know if they have finished it totally or not.

 

Phil Baxter: It looks like it might have been a little wet here, too.

 

Jim Niemeyer: Yes, it was wet, and I also went to see Mrs. Hay and I told her about the project and she knew it was on-going and I also asked her about, you know, sealing the pond getting rid of the leak and she said that Mr. Aigner had sent them a bill for it but he hasnít shown up, I guess he sent them an estimate and he hasnít shown up yet to work on it.

 

Don Williams: Jim, I have a question, is this picture weíre looking at behind the excavator there, is that the dam to the lake that weíre talking about?

 

Carl Conner: Thatís the back side ofit.

 

Jim Niemeyer: No, the dam is right up here.

 

Don Williams: Thatís what I said.

 

Jim Niemeyer: You can see that streak.

 

Don Williams: My question, is that area up above the excavator there the dam?

 

Jim Niemeyer: Right.

 

Don Williams: Thank you.

 

Carl Conner: I believe thatís to the West of the property there, Don, so on the back side ofÖ..

 

Jim Niemeyer:Yeah, that pond is to the East you can just see part of the house up here.

 

Carl Conner: But, I understand that everybody is satisfied with whatís been worked out between both parties?

 

Jim Niemeyer: Seem to be.

 

Carl Conner: Good. Okay Jim. Any questions from the Board in regards to the Hay situation?

 

Phil Baxter: I have none.

 

Don Williams: Iím pleased that they are working together to get it resolved.

 

Carl Conner: I think that the next item hereÖ..Jim, do you want to cover the communications for Mr. Jacobs and I believe Mr. Jacobs is here.

 

Jim Niemeyer: Yes, I received a registered letter from him thisÖ.a short time ago and I visited the site this morning, but I did not take any pictures and he did do some digging, but I donít think that itís going to let water pass and I still think that itís going to impound that water. But, I would also like to answer to him, we would have given you a set of minutes, but they werenít approved and they werenít approved until this evening.

 

Mr. Jacobs spoke from the audience and it sounded as though he stated that his attorney told him that he could receive a copy of the tape immediately even if they were not approved. ( This is not verbatim since he was not on the microphone.)

 

Jim Niemeyer: Well, I donítÖ.thatís not a practice to do that cause thatís original data.

 

Mr. Jacobs said something else but it was not picked up on the microphone.

 

Jim Niemeyer: But, anyway we have the tape here and Mrs. Embry has also transcribed all the data from the tape into a letter form and hard copy and it is verbatim.

 

Carl Conner: I assume that raises a legal issue and Iíd have to defer to our attorney. Do we have to make tapes available or did we handle it in a proper manner in your opinion in regards to not giving out the minutes of the last meeting until such time that those minutes were approved.

 

David Zengler: I think they have to be approved. I mean thatísÖnormally itís a certified

I know in court proceedings they have to be certified first, so thatís what the process should be.

 

Carl Conner: I assume sir, that this Board is of the opinion in that Mr. Niemeyer handled the issue appropriately, so if you would like to go back and tell your attorney that, thatís fine and then he can do whatever you direct him to do.

 

Don Williams: Those minutes are available now, are they not, we just certified them.

 

Carl Conner: Yes, we just approved the minutes.

 

Don Williams: So, they are available.

 

Carl Conner: Sir, is there anything else that you wanted to bring to our attention, if so please step up to the podium and state your name for the record.

 

Othmar Jacobs: (did not state name) Well, in order to, as you remember after you voted, both Mr. Reburn and I addressed the Board, Mr. Reburn confirmed what I had been saying. He said that, they at this time and question, that the lot was filled, but he claimed that Mr. Meece did the filling. As far as Iím concerned, he was Mr. Reburnís agent, I didnítÖ.it makes not difference. But, he went into great length about how at that time the water would not run away, which confirms exactly what I said, is that there never was a swale put across my property, across that ditch. It would set an interesting precedent if, in fact, the County which accepted the subdivision in 1989, as I understand, they accepted it late because Mr. Meece got a one year extension, by releasing his irrevocable line of credit, the County is certifying that all the work was done. At that time there was no swale and Mr. Meece came and said later that he wanted to dig it and I said thatís fine, you will have to stay on the 10-foot easement, I canít do anything about that, I really didnít care but, he said no, he wanted to come across my yard and I said well, obviously not. But, Mr. Reburn, his discussion reinforced exactly what I have been saying, in order to better help you verify what I am saying, I took a spade and dug a narrow trench there, so you can see very clearly un-disturbed ground, you know, the stata and in order to try and cooperate. If in fact the County can force anybody at their own expense to cross their property to relieve a flooding which they have already approved and the only reason it flooded now is because the swale, which did originally drain it and if you had accepted my plan, I have shown that exactly at that time, Iím being a professional, I went out to the transit and I shot grades all the way down my lot. Thereís 8-inches of fall, I wanted to be sure there was proper fall or I would have came back to the County at that time and it was 8-inches of fall, minimum but it worked and then later on that was filled in. That can easily be checked, what I am saying, by taking a bore test or I gave permission if you liked to come on my property and dig down verbally, you know visually dig down if thatís easier for you. If in fact, the County does allow this after the subdivision being approved the drainage been approved everythingís been approved and then 16 years later at my expense to put in a culvert, obviously that sets a whole new precedent, as a matter of fact, Iíve got a lot of land in Warrick County that I would love to drain at someone elseís expense, up to now that has not been feasible. However, if we set a new precedent then I will be back very soon to get a piece of ground that I would love to drain across another manís property right now, there is an easement there, itís higher than mine, Iíve got a potential sale for it, it is zone for uhÖ.not zoned but a person wants to build condoís and itís going to cost me about $18,000.00 to fill mine up to make it drain properly. But, obviously this would set a whole new precedent, if in fact 16-years after the subdivision has been accepted, their drainage being accepted, the suddenly at my expense I have to drain it, it would obviously set a whole new precedent, thatís never been done before. So, I trust youíll have to, either the County, the County can come across there is a drainage easement, the County can come across and put in a proper drainage. The problem is, is a very high mound there and you would end up with a 60-70% grade if you tried to put in a ditch, it wonít work. But, it would have to be a tile, if thatís what the County wants to do, thatís fine, they will obviously have to put a (unintelligible) causeway down the hill to prevent erosion and they will be doing it on my property down below the hill and aÖthere a swale would work or there are other alternatives to replace the swale where it was at, at which time I assume that the Engineer who had it accepted had checked that it did drain and it did drain, I saw it drain. Also, if they chose to route that water across my property, which you can then I have to ask that that berm be replaced and if you went out there you can see very carefully I marked my plant and see very obviously where itís been cut and that is lying, the water off of about 15-20 acres to enter this property, which the berm was put on there I assume to protect that from happening. I think that has to be replaced, but as far as Iím concerned, obviously the homeownerÖ.I had nothing to do with theÖunintelligibleÖand as a homeowner, I should not be doing the county, the work the countyís already accepted. When you released his irrevocable line of credit, I always give a CD, which they accept also, whenever you released that you basically have accepted that subdivision as it was and as it was there was no drainage across my property. Is there any questions or do you want to see what Iíve drawn. I presented aÖ.

 

Carl Conner: Does any of the Board members have any questions?

 

Don Williams: I wouldnít mind looking at his drawing. Heís been wanting us to look at it, but I donít have any questions.

 

Othmar Jacobs: I show very clearly what the problemsÖwhat has happened. ( Mr. Jacobs continued talking but it was not decipherable as he was away from a microphone.

 

Don Williams: Apparently, this has drained for years, I guess my question is, what is different all of a sudden?

 

Orthmar Jacobs:Pardon?

 

Don Williams: I say apparently these properties drained for years ok, what has changed all of a sudden.

 

Othmar Jacobs:No, it drained as Mr. Reburn will tell you, right after they moved in they had a veryÖand he told you in his testimony last time, they had a very hard rain and it almost got to his house. The water will not get to his house, his house is 2-inches, 2 ľ inches higher than where that swale has been filed in, so the water will get within 2 ľ inches within his house, however, that will cause damage to his foundation and this has happened many times. If you remember, Mr. Reburn when he spoke to you last time, he went into great detail about how bad it was, over this period of time, I have offered to help Mr. Reburn work it out, he doesnít want his yard messed up. But, this swaleÖ.my house was built first, when I design any house I set up a drainage plan and I had a drainage plan set up, if you look at the edge of the sidewalk, Iím calling thatÖthatís the top, the top of the sidewalk, Iím calling+ or Ė 0, if you go back to where Mr. Reburnís house is, (Bill, do you want a copy of this?) Ok, you go back to Mr. Reburnís house, the property has risen 21 ľ inches and you go on back to the back of the swale, behind Mr. Reburnís house on the property line, youíll see its plus 8 inches, that means thereís 8 inches of fall between that point and the sidewalk and the dirt beside Mr. Reburnís house is whatís blocking the water, but when we graded my yard I actually set up on 10-foot intervals, I set up grade stakes so that my excavator, Dave Young, actually followed that closely, because I knew there was very minimum drainage and when Mr. Reburnís house was built, it did drain, there were a number of rains while they were constructing and everything else. I informed Mr. Meece, his contractor-developer that I have got that set up and itís very close so be sure you follow it closely, he did, he came out and I kinda watched, cause I was going to tell him and then he had it set up and I thought that was fine and I came back two days later and trucks were hauling dirt and dumping dirt and they actually filled up my property somewhat. But, that can be very easily verifiable by drilling a test core. If you go back on the back of the berm, you follow to the left, youíll see an area cut for drainage, right after this happened it rained, so Mr. Meece came over and was actually going to come across my property and I told him you canít do that, you have to stay on that drainage ditch, if you will look up, at the swale...down on the lower left hand corner, you will see exactly what would involve if you tried to make a swale, you would have approximately 5-foot in less than 3-foot fall traverse, that is a 60-70% grade, obviously a swale wonít work because it will just wash out and the present grade, that was originallyÖI had it marked, so Mr. Meece didnít obviously want to do all that, he said Well, I didnít figure anything like that, instead of that he came over to the property and if you look at the upper left of the drawing, you will see an area where he cut a swale onto the other property, which had a very deep low lying area and let the water come out and in truth he let the water come back in. Itís a mess. If you go up to the + 8-inches that is actually up on that berm and that berm has been raised at total of 12-inches at point. In order to find the stake and I had checked the men shooting the grade, they worked on my job beforeÖ..

Carl Conner: Excuse me a minute, Mr. Jacobs, I think Philís got a question.

 

Phil Baxter: You mind if I interrupt for a minute, I think we went through all this last week.

 

Othmar Jacobs: But, you didnít have the plansÖ

 

Phil Baxter: Well, I understand that, but weíre hearing the same thing, did you or did you not dump dirt into the drainage area?

 

Othmar Jacobs: No, I did not, yeah, I dumped 2-inches which inÖ..

 

Phil Baxter: Thatís not the question? You dumped dirt in the drainage?

 

Othmar Jacobs: No, the drainage did notÖ.the drainage was not there, there was a drainage areaÖ.

 

Phil Baxter: The drainage easement is not there?

 

Othmar Jacobs:It was not there, the water at that pointÖ.

 

Phil Baxter: I thought you told us a while ago there was a 10-foot drainage easement there.

 

Othmar Jacobs: There is an easement, yes, I put a little bit of water..yes I putÖand I told them at the last meeting, I stripped 2-inches of dirt off, most of the dirt I dumped was the area in my own yard.

 

Phil Baxter: I think we agreedÖ.I think we agreed that what dirt you took outÖÖ.

 

Othmar Jacobs: Which Iíll do and uhÖbut, if you look most of this area thatís filled is here, this back here is a high berm, I did no filling only in this one little part, Iíll take that off. It will not change the drainage.

 

Phil Baxter: What is your question today then? I donít know what weíreÖÖ..

 

Othmar Jacobs: I thought I was going to be addressing the Commissioners. I want to be sure that this thing isÖ.that everybody understands what the ruling isÖthe last time I donít think I was able to make you understand.

 

Carl Conner: Well, I think that you may have not made us understand what you wanted us to understand, but taking your input and your neighbor, Mr. Reburnís input, I think that we were of the opinion and I think that it was a 3-0 decision that the impediment of the drain was your responsibility.

 

Othmar Jacobs: No, that water didnít drain there.

 

Carl Conner: Sir, weíve allowed you to speak, so if you donít mind, okÖ.and that our recommendation and our vote was that based upon the input from Jim Niemeyer that you go in there and you clean out that easement so that water can drain. The County, you keep going back to the fact that 17 or 18 years ago that we had accepted these drainage plans, that may well be good, but the flip side of it is, we continually have changes, even after we accept these subdivisions and the County has absolutely no responsibility to see to it that drainage is taken care of unless itís a legal drain, this is to the best of my knowledge, not a legal drain and the drainage is the responsibility of the landowner and what we are saying is and I think we said last time we looked at this issue, that you put the dirt in there, which is impeding the drainage and you need to go remove whatever you put in there, so it drains properly once again and we will then have the surveyor come back out to see if it is draining properly. Now, if it is not draining properly, then we are going to be notifying you, sir, that we would appreciate you coming back and talking to us again because we may then be forced to take whatever action that we can take.

 

Othmar Jacobs: But, it never drained that way, the drain never came that way, there was never a drain, the fact that thereís a easement does not mean there is a drain. It means a provision has been made. There was never a drain that way, Mr. Reburn told you that was never a drain that way, so I in no way changed the drainage, there was no drainage. If you look up on top of the hill, its +23 Ĺ inches and on my property its actually a hill, it couldnít drain that way unless it drains uphill and that is exactly what I am saying, there never was a drain, there was a drainage easement, but there never has been a drain across my property. Mr. Reburn will tell you that and he has told you. The only drainage that has ever been out to the street and that has been filled in, I did not do that and in no way, Iím also a professional and know you do not block drainage, thereís not drainage, there never was, unless water can flow uphill a total of 15 Ĺ inches then there was not drainage and that was undisturbed soil. So, I in no way impeded drainage, it wasnít there. Thatís what I was trying to tell you the last time that there never was drainage back across that property.

 

Carl Conner: Thank you, Sir. Mr. Reburn, do you have anything to say? Would you please come forward and state your name for the record.

 

Bill Reburn: My nameís Bill Reburn, do you want to ask me questions or just me start talking?

 

Carl Conner: If you have any comment.

 

Bill Reburn: Well, he was stating last week that I had loads of black dirt put in there and like I got up and told you all the second time, I had one load of dirt and when I drove down the street I saw a dump-truck in the field behind my house. I didnít know it was there until I got to my drive-way, my son came around and said, Dad, Meece and Sonís dumped dirt in the yard. I didnít ask for it, I asked for a drain because when I bought that property I said why does that dip there and they said thatís a swale, back then I didnít know a swale from a whatever, I said what are you talking about and he said thatís where your drains at. Well, the first big rain we had it all stopped right there, in my yard. Then, they came in and stuck that one load of dirt and spread it out, he said it got on his property, I stood out there and watched them, it didnít even go that far and I do know this, you donít add dirt to something thatís not draining and expect it to drain. I didnít ask them to add that dirt, I wanted a drain, I bought a drain supposedly when I bought that house and I hate to bring this up because he keeps saying something happened between my garage and his house, if it happened, I never knew it cause I never say no dirt added, but when the guy was out hooking my phone up, you wife was on your old tractor you used to have parked out there on my property, doing whatever and I asked her, what are you doing and she said Iím contouring this.

 

Mr. Jacobs: She never hasÖÖ.

 

Bill Reburn: Donít say sheís never been on that tractor, bud, because she was on there and the phone man said she is on your propertyÖÖ

 

Carl Conner: Sir, Sir, let meÖif you all want to discuss other issues, please go out in the hallway, I think the simplest way for us to resolve this matter and this would just be my suggestion, I think that the County has absolutely no responsibility. Responsibility for drainage unless itís a legal drain is the responsibility of the landowners, I have not personally heard anything today that changes my mind in regards to requesting that Mr. Jacobs clean out that drainage easement or drainage ditch or whatever you want to call it sir, then weíll have Mr. Niemeyer come out and see if its flowing properly, if its not flowing properly then weíll look at other options. Now, if you two have other issues, then I would suggest you go hire an attorney and you take it to court because the County has absolutely nothing to do with it.

 

Bill Reburn: Can I say one thing, I donít have other issues, the only thing Iím doing is answering something that he said about me that I wasnít involved in. I just bought a house thatís all I did.

 

Carl Conner: Okay, and we understand that and I think that we made a decision at the last meeting and to the best of my knowledge, this body is going to stick with that decision, so weíre going to go on to other issues on the agenda.

 

Don Williams: I have one question for Mr. Reburn. Initially did you not tell us that, that drained until the dirt was put in the easement?

 

Bill Reburn: Do what?

 

Don Williams: Did you not tell us that it drained until the dirt was put in the easement, isnít that what you said?

 

Bill Reburn: It didnít drain over the bank, it never went over the bank, Iím not going to lie about that, never went over the bank, but it drained to the property line. Now, I think I might be wrong, but IÖ..

 

Don Williams: Whereíd it go, I mean it just canítÖ.

 

Bill Reburn: It sunk in the ground eventually. I went and got a pump the first time and was pumping it out into the street out of my back yard, thatís when I went talking to Meece about it and then about a year later or so..My son worked for him in 88 and finally he came down and put that dirt in, I didnít want that dirt there, I wanted a drain and you donít add dirt to somethingÖÖ

 

David Zengler: Do you mind if I ask a question?

 

Carl Conner: Sure, go right ahead.

 

David Zengler: Mr. Reburn, you were here and the surveyor had pictures and showed some fresh dirt being put in a swale or a ditch or whatever you call it, did water drain through where that dirt was put?

 

Bill Reburn: No, it drained down and back toward me. It never went over toward the river, he even told me years ago water will never go over that hill. As a matter of fact thatís what he just told me a couple months ago when this all started.

 

David Zengler: Did placing the dirt stop any drainage?

 

Bill Reburn: His yard drains into my yard now, yeah it stopped it. Well, you canít really stop something that wasnít draining right to begin with.

 

Jim Niemeyer: But it made it worse.

 

Bill Reburn:Yeah, remember I told you it was like 14 steps back into my yard was dirty muddy water from the fresh dirt that was added there and from what I heard today and what I heard last time 2-inches of dirt is not going to cut it because a lot more than 2-inches of dirt has been added to that.

 

David Zengler: Well, let me ask you, by Mr. Jacobs having dirt placed in that swale, did that affect your drainage?

 

Bill Reburn: Well, it brought more waterÖ.I never had drainage to begin with, but itís made mine worse, because the water draining from his house, thatís why he wanted to come over and ask me if I was interested in going 50/50 on a drain, run it out in my property and run it out and let it flow over the sidewalk. Robert, is that his name, he told me thatís an illegal drain, but if we do an illegal drain and I pay half of it and you guys come and get me years later, its on my property, right? I said, no I donít want to do that, then Mr. Jacobs said, Iím going to do whatever I want because I can and like I said, I came up here 16-17-18 years ago and Iíve talked to everybody Iíve talked to and I didnít get any kind of satisfaction from anybody and when I came this time I thought things are going to turn around a little bit. All Iím trying to do is get my yard to drain.

 

Carl Conner: And I think thatís what weíre saying, is that your yard needs to drain and weíre looking to Mr. Jacobs to see to it that itís done properly and we will give him a couple of weeks to do that and we will then ask the Surveyor to come back out and take a look at it.

 

Don Williams: I want to make sure that what we ask Mr. Jacobs to do, make sure we all understand was simply to clean out that easement that he put dirt in.

 

Carl Conner: Thatís right.

 

Don Williams: I think thatísÖI mean, clean all the dirt out, I think thatís all weíve asked him to do, am I not right, Jim?

 

Jim Niemeyer: Thatís right.

 

Carl Conner: Thatís correct

 

Don Williams: That was it, just put it back like it was.

 

Bill Reburn: Thank you

 

Carl Conner: Thank you

 

Mr. Jacobs: Do you want to come out and seeÖI spade it out so that you could see the strata, you want to see it before I fill it in?

 

Jim Niemeyer: I was out there this morning.

 

Mr. Jacobs: But, you didnít see that and I wanted you to see that it was undisturbed dirt, but Iíll fill that back in and Iíll scrape thatÖ.as you can see on the plan, thereís onlyÖthat easement actuallyÖ.you saw the stake, actually most of it is undisturbed ground.

 

Carl Conner: Thank you, sir. The next item on the agenda is claim approval. It looks like we have, if Iím reading this correctly, we initially had $1,235.75 in claims and then we had additionally claims of $2,194.23, so I assume that your asking to have total claims in the amount of $3,429.98, is that correct, approved? Is there any questions or concerns from the Board?

 

Phil Baxter: I have none

 

Carl Conner: Hearing none, Don, do you have any questions?

 

Don Williams: No, I was looking at the total sum, I didnít add them together.

 

Phil Baxter:$3,429.98

 

Carl Conner: Yes, thatís what I came up with, $3,429.98.

 

Phil Baxter: I move we approve the claims in the amount of $3,429.98.

 

Carl Conner: Okay, we have a motion to approve the claims in the amount of $3,429.98, do I have a second?

 

Don Williams: 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.

 

OTHER BUSINESS:

 

Carl Conner: Other business, Jim do you have anything else?

 

Jim Niemeyer: No

 

Carl Conner: Don, do you have anything?

 

Don Williams: I have nothing.

 

Phil Baxter: I have nothing.

 

Carl Conner: I do have one issue that Iíd like to bring before you today, is the purchase of a vehicle and I guess the first question that we need to have resolved. Don brought this up, he was under the understanding that possibly itís not legal for us to purchase a vehicle out of the Cumulative Drain and that was I believe our understanding that the County Council approved that money out of the Cumulative Drain, is that correct, Jim?

 

Jim Niemeyer: Yes

 

Carl Conner: So, I would have to defer to our Attorney.

 

David Zengler: Okay, the question is, whether you can do it, truck out of Cumulative Drain.

 

Carl Conner: Vehicle out of the Cumulative Drain Funds.

 

Phil Baxter: I think thatís my understanding, the same as Donís, we went through this last year, that it wasnít legal.

 

Carl Conner: That it wasnít legal.

Don Williams: Don Ashley was very adamant about it not beingÖ.

 

David Zengler: Let me check and report back next time.

 

Don Williams: I think because we bought one two years ago out of Cumulative Drain and the truckÖ.and Iím not opposed to you having a truck because I think you really need one Jim, I think you need a new vehicle that old one is shot. But, the question is, can we take it out of Cumulative Drain, I know Council said take it out of there, but, I think thatís because thatís the only place that had any money. But, if we can do it legally or notÖ..

 

Carl Conner: Secondly, the other issue I would like to raise is my preference is that we do not even buy it outright, that we just do a lease-purchase and I would make a motion ÖIíd like to have the information in regards to the legality of it, but if we do a lease-purchase that doesnít raise any, to the best of my knowledge, any legal issues. I would prefer that we go ahead and make a decision in regards to obtaining the truck through a lease-purchase agreement and allow Jim to go ahead and order the vehicle from whatever dealer that we would decide upon and take the time for from the order date until the delivery date to work out something in regards to a lease-purchase agreement for the vehicle and I guess I would put that in the form of a motion that we go ahead and make a decision based upon the bids that have been submitted to us for a lease-purchase on that vehicle, and apparently, it looks like to me, out of the bids thereís only $280.00 difference between the bid from Coburn Ford in Warrick County and Town & Country

 

Jim Niemeyer: Itís actually $245.00 difference

 

Carl Conner: $245.00 difference, so that would be my motion, that we would direct Jim to go ahead and start the process of ordering a new vehicle from Coburn in the amount of $19,250.00 and we will work something out with the bank in regards to it being a lease-purchase instead of a outright purchase, thatís my motion.

 

Phil Baxter: Iíll second it.

 

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

 

Phil Baxter: Aye

 

Carl Conner: Aye, do I have any nays?

 

Don Williams: Nay

 

Carl Conner: So, itís two to one, but I would like your input.

 

Don Williams: Iíd like to state my negative vote.

 

Carl Conner: Sure, go ahead.

 

Don Williams: I personally feel that itís inappropriate to do that without knowing the funding mechanism.

 

Carl Conner: Well. I think that we have decided what the funding mechanism is and its going to be a lease-purchase that was in the motion.

 

Phil Baxter: Iíve got $19,250 here and on this one heís got $19,495.00, is thatÖokay , never mind. Thatís the one above it.

 

Carl Conner: Is there any other business to come before the Board?

 

Don Williams: I have none.

 

Phil Baxter: I have none.

 

Carl Conner: Hearing none, I would ask for a motion to adjourn,

 

Phil Baxter: So moved.

 

Carl Conner: All in favor state by saying aye

 

Phil Baxter: Aye

 

Don Williams: Aye

 

Carl Conner: Aye, passes three to zero, meetings adjourned. Thank you, gentlemen.