MINUTES

WARRICK COUNTY DRAINAGE BOARD

COMMISSIONERS MEETING ROOM

107 W. Locust Courthouse Suite 303

Boonville, Indiana 47601

July 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 Phillip H. Baxter, Vice-President; Don Williams, Secretary; James E. Niemeyer, Surveyor and David K. Zengler, Attorney for the Board. Also present was Sean Owen, Instrument Technician, Surveyorís Office Staff.

 

Minutes recorded by Cheryl D. Embry.

 

President Carl Conner called the Warrick County Drainage Board meeting of July 27, 2005 to order.

 

APPROVAL OF MINUTES:

 

Carl Conner: The first order of business is the approval of minutes for July 13, 2005,do I hear a motion to approved as presented?

 

Don Williams: Yes, Mr. President, I move that we approve the minutes of July 13, 2005 as presented.

 

Carl Conner: I have a motion on the floor to approve the minutes of July 13, 2005 as presented, 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, would you like to start off with your reports?

 

REBURN/JACOBS COMPLAINT:

 

Jim Niemeyer: Okay, this morning we revisited the Reburn/Jacobs property and this is a follow up to the previous meetings that weíve had, but anyway, Iíd like to make this one final step and we went out and shot a profile with our surveying instruments and if you look at the bottom or the lower left hand part of your page you see a grade elevation of 295.96 feet and as you go to the Northeast part of the paper or to the South in the field youíll see the grade elevation rose to 397.3 feet, so thereís almost 2 feet of rise in that distance and on Mr. Reburnís property line there was a stake and we shot an elevation there of 396.82 and at that point there is the beginning of a plastic drain. The top of that drain has an elevation of 396.5 feet and at the South end of Mr. Jacobs property, the drain pipe protrudes on an embankment and the elevation is 395.6, so there is about a foot of fall across both properties. The drain pipe is not a sufficient size, it should be 12-inch not 6-inch, but the point of the whole matter is, I think we need to finish this up and I guess I could say I was negligent by not having this totally done by last meeting, but anyway the drainage has been impeded in my opinion. I would like, you know, if we have powers of enforcement or if we need to take legal action, I would like to defer that to you.

 

Carl Conner: Dave, do you have any comment from a legal perspective?

 

David Zengler: Well, from a legal perspective, I mean, youíve already found that the impediment was intentionally done and you ordered it removed. I would say youíve got the option of ordering him to do that, to remove it, which is what I think you didÖ..

 

Carl Conner: Basically, thatís what we did.

 

David Zengler: At this point then, you can either order the Surveyor to have it contracted to be removed or you can take the position that youívedone all that you can do and leave it at that, I suppose.

 

Carl Conner: Well, if we do the latter, that doesnít resolve the problem though.

 

David Zengler: And I understand that, Iím just saying that you can elect not to do anything as a Board.

 

Carl Conner: Any comments or concerns by the Board?

 

Don Williams: This is justÖmy personal observation is when this was originally presented to us, my understanding was that water was being impeded from running down the bank to the river, that was my understanding, that was what was told to us by Mr. Reburn, I get them confused every once in a while and then a couple of meetings ago when he was here he said no, that water never drained toward the river it just kind of puddled there between the two properties. So, even though we found there was an obstruction in the easement, which there was, Iím not sure that it prevented the drainage.

 

Jim Niemeyer: But, he compounded the problem by adding more fill to it.

 

Don Williams: Iím sure thatís the case, but, when it was originally presented there was a little bit of misrepresentation, when we made our original finding from that misrepresentation, but our original finding, I donít think was incorrect, he did put the dirt in and it did impede and it still is, soÖthatís the only comment I really have as far as observations.

Carl Conner: Phil, do you have any comments?

 

Phil Baxter: Mr. Jacobs has not tried to work with anyone apparently, we ask him not to do that and to take the dirt out, so he goes and puts in a smaller pipe than should be there and puts more dirt on it apparently.

 

Jim Niemeyer: Well, it did pool water after this last big rain, but when I went out there it had dried up and gone into the ground.

 

Don Williams: This may be one of those instances where we got a couple of private parties that are in a contest and they want the government to resolve it for them and this may be one we should have just stayed out of, thatís what it almost looks like to me.

 

Jim Niemeyer: Itís been going on a long time.

 

Don Williams: It is a natural drainage and it is impeded, so we are right I think in our findings, would you agree with that Mr. Attorney?

 

David Zengler: Thatís correct.

 

Don Williams: So, our options are either, if we say have a private contractor go in there and clean it out and bill Mr. Jacobs or do we not have to be concerned since we are going on private property, we donít have any easement of going in there, weíve got two residential parties who are bickering there, I just want to make sure that we donít open ourselves up to any kind of liability, that would be my primary concern, saying go in there and clean it out.

 

Phil Baxter: How much easement is there, 10-feet?

 

Jim Niemeyer: Yeah, I think itís about 10-feet. I donít have the map here, but itís not very much.

 

Phil Baxter: I remember it was real narrow.

 

Don Williams: Maybe we simply ought to have our attorney sent Mr. Jacobs a letter restating our position and our requirement.

 

David Zengler: Thatís fine.

 

Carl Conner: I think though that I would like to see included in that letter basically what our authority is, from the standpoint that we specifically spell out that if the work is not done to the County Engineerís, excuse me the County Surveyorís satisfaction within a specific number of days because itís not going to take him that long to do it, then he is going to leave us no alternative except to possibly contract it out and bill him for the cost, so he knows that that is one of our options and we may very well follow up with that option, cause Phil brings up I think a very good point, Mr. Jacobs has done absolutely zero to be cooperative with his neighbor in my opinion or with this Board.

Don Williams: I think thatís probably the way that we all see that, Iím not sure that Mr. Jacobs sees it that way. I think he probably sees putting in a 6-inch pipe as really acquiescing to our desires, but that is not the case.

 

Phil Baxter: Cheryl, when is our next meeting date?

 

Cheryl:Next meeting date is August 10th.

 

Carl Conner: You want him to have it done by August 10th?

 

Phil Baxter: August 8th or 9th, that way we can act on it the next meeting.

 

Don Williams:Does that give him enough time, weíre talkingÖ.

 

Phil Baxter: 30 days.

 

Don Williams: No, its not 30 days today isÖÖ

 

Phil Baxter: Oh, Iím sorry, lets make it the second meeting.

 

Don Williams: That would be the 24th.

 

Phil Baxter: Yes

 

Carl Conner: Ok August 24th.

 

Don Williams: That will give him almost a month, that should be plenty of time.

 

David Zengler: So, make it the 22nd, thatís the Monday, I guess.

 

Don Williams: All right, that will give our Surveyor 48 hours to go check out the work.

 

Carl Conner: Phil, do you want to make a motion in regards to that, so we can get it on record what we feel needs to be done or anyone make the motion.

 

Phil Baxter: I make the motion that we send Mr. Jacobs a letter giving him until August 22, 2005 to take the pipe out of the ditch, remove the dirt as our first request and be done by August 22, 2005.

 

Carl Conner: Do we have a second?

 

Don Williams: Iíll second that, but I would like just a tad of a discussion not a lot.

 

Carl Conner: Okay, got a second on the floor for discussion.

 

Don Williams: Would not a 12-inch pipe also resolve the problem if there is at lease a 5-inch grade or Ĺ% grade, Iím sorry?

 

Jim Niemeyer: Well, it needs to be 12-inch.

 

Don Williams: Would that resolve the problem, I mean do we give him options or do we tell him to take it out?

 

Jim Niemeyer: Well, it would probably work, but right now what weíve been discussing is you know heís continued to impede the drainage by adding more fill. It will have to be constructed so that water doesnít pool in his neighbors yard.

 

Carl Conner: I think we need to give him specific directions, so he knows absolutely what we are expecting from him. I would believe that we just need to be, as Phil said just real specific and we tell him that the pipe is out of there and the water drains properly towards the river as it should and if he doesnít have it to the satisfaction of the County Surveyor by August 22, 2005 there is a possibility that we are going to take legal action from the standpoint that weíll just hire a contractor to do the work and weíll send him the bill and I assume that if he doesnít pay the bill then we will put a lien on his property until such time that he sells his house and then collect our money, is that correct, Dave?

 

David Zengler: Thereís a lien, basically, we couldnít force it otherwise, but yes we could put a lien on it.

 

Don Williams: But, I think the bottom line is that even Mr. Reburn stated that it never drained to the river, it just pooled there and it settled in the ground after he came in and presented the other fact, that it was impeding it and that is what I say, you knowÖÖ..

 

Jim Niemeyer: I think that it would be best to clean it out, just really, just put the proper swale in there and let it be.

 

Don Williams: And thatís the motion, soÖ.

 

Carl Conner: Okay, and we have a second to that motion. All in favor state by saying aye.

 

Don Williams: Aye

 

Phil Baxter: Aye

 

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

 

FIELDSTONE SUBDIVISION:

 

Jim Niemeyer:

The next on the list is Mr. Robert Bean and his associate, (I didnít get his name) from

 

Fieldstone subdivision. Fieldstone is located immediately West of the new apartment complex that is being constructed along Bell Road and just North of Outer Lincoln Drive. I think what they would like to do is present some of their thoughts about future potential. Would you care to come up to the podium?

 

Carl Conner: Would you please state your name and who you represent for the record.\\

 

Robert Bean: My name is Robert Bean and I live in Fieldstone Subdivision in Newburgh and Iím representing the Fieldstone Property Owners Association. Our question concern is the water drainage to a ditch running from Outer Lincoln just West of Bell Road South to Hwy 66. The concern we have with the ditch is my home and John Berendsenís (which Iíll have up here in a moment) both of our homes, the backyards of our homes face that ditch and the easement of that waterway on that ditch is actually in our backyard. We have a 20-foot water easement and they are building apartments behind us which we donít have any problem with the apartments, but they are putting up a large berm there which is fine too, but in putting up the berm their property at one time when the ditch was re-opened, opened up actually, helped carry some of the water in that ditch. The ditch was pretty deep and pretty wide when it was opened up and when we have a rain as much as 5-inch rain which weíve had before the ditch is at the top, its full. Prior to this happening, when I built my home there the ditch along the 20-foot waterway was considered a (or so I was told by the County, a natural waterway) and it really wasnít much of a ditch at all, as a matter of fact, behind my house it wasnít a ditch, it was just a little slight slope and a bunch of trees where the water just traveled through it. But, as time has gone by, thereís a need for more watershed to move to get down to Hwy 66 and that ditch was opened up, they originally was going to build some apartments there prior to the gentlemen that are building them now and they decided to open that ditch up, the more they dug it out the 20-foot part, the easement part and it handled the water very well. Well, shortly after that, they decided to go on the South side of Lincoln and also on the North side of Lincoln and open up both ditches, dig them out more on both sides of Lincoln and while that still wasnít taking care of the water running down our streets when we have a decent rain of any kind, flooding our streets plus the ditch was flooded in the back and my power box sits in my back yard was sitting in a pool of water and the water a few times came all the way up to the corner of my house. They put a tile in a large tile, what size would you say that is Mr. Niemeyer underneath Lincoln there, itís a pretty good size piece of pipe.

 

Jim Niemeyer: Yeah, I donít remember what size it is, itís a box culvert.

 

Robert Bean: Itís a big culvert underneath the road, itís a pretty nice size, well, that helped open up and carry the water a lot, right at the moment we are not having any problems as far as the water moving. But, when we do have a big rain with the new berm being installed for the apartments, itís cutting down the water movement on their side of the property, which they didnít have an easement of course and so thatís going to cause us to be about Ĺ the size as it was before and itís not going to carry the water. I went over to see Mr. Niemeyer the other day and If I might, I would like to show you this, he gave me a print out, I asked for a print of the water and how it flows and see this is the South end here and here is 66 andÖ.

Carl Conner: Excuse me, do you have a copy of that Jim, that we can look at?

 

Jim Niemeyer: No, we didnít bring any up.

 

Robert Bean: Iíll let you use this one if you like. If youíll notice, where Hwy 66 isÖ..

 

Carl Conner: Do you need to see this? (asking Phil Baxter)

 

Phil Baxter: No, thank you, Iím quite familiar with the ditch heís talking about.

 

Carl Conner: Go ahead, Iím sorry.

 

Robert Bean: Okay, and can you see the where the apartment complex is? Yes, you have it right there, that is the ditch that we are talking about and you can see our Fieldstone Subdivision there, we have a little retention pond there in the middle of it and the first section next to the ditch. Well, if you look at the ditch at the houses along it on the South end mine is the second house and Johnís is the sixth house, we are catching water from our retention pond when it gets full, it overflows and goes into that ditch. Well, if you look to the East, there is another subdivision there that Barrington developed as well as ours and they have water from the streets run down in a sewer pipe, which runs through our subdivision into our retention pond, which is more added water thatís been dispersed and put on our property and that ditch. If youíll look at Lincoln, which is on the South side of those apartments and our subdivision, from there all the way South back up to the top of the hill, which covers a lot of territory. I took John back for a ride the other day, just to show him how many waterways had been washed out over the years from the water coming from that hill South all the way to Frame Road, all that water comes straight South and all of it comes to this one ditch in behind our house and with the apartments going in, they have two retention ponds there, they are going to be dumping into it. The new library they are building back there, itís got a retention pond thatís being dumped into it. So, with all this water going to this one little 20-foot ditch that is on our property that we are responsible for, which is not going to carry all the water in a matter of time, itís just on way in the world itís going to happen. Some of the suggestions I have for it, that we may want to look at. I think one of them is possibly the County taking that ditch over for maintenance and upkeep of it, but if that happens, am I correct in assuming it has to be a 50-foot easement in there?

 

Jim Niemeyer: That would be the minimum unless there would be some sort of an amendment made to the Right-of-Way.

 

Robert Bean: In assuming that could be done, if this opened up to 50-foot weíll say, there is an electrical easement along beside the ditch and a sewer system that runs in there. The ditch is 20-foot, a 20-foot electrical and a 20-foot or is that 10-foot John?

 

John Berendsen: Itís 10 there is a total of 40-foot.

 

Robert Bean: 20-foot drainage in that ditch water easement, 10-foot electrical and 10-foot for the sewer, my house is 8-foot from the sewer easement, so if we put a 50-foot in weíre going to cut my house in half and get rid of it. See what Iím saying, so that is not going to work very well. I have another suggestion we could look at to carry some of the water away from us and it would help us some with the water. But, what Iím talking about in all these retention ponds being put in and all the new additions going in that are presently going in now besides what could happen on the South side of Outer Lincoln all the way to the top of that hill. A tremendous amount of water runs down through there, thereís been two lakes dug up there South side of Outer Lincoln, large lakes which have overflows for those which I have called the County about once before and they said there wasnít anything wrong with what they did, but thatís just that much more retention water when we get a heavy rain that all gushes down that same ditch. But, when we went to look at this and I donít know if Mr. Niemeyer has had an opportunity or not, I mentioned it to him the other day, at one time when I first built there, there was a ditch on either side of Lincoln that ran all the way out to Bell Road and it carries some of that water, now there is practically no ditch on either side of the road.

 

Carl Conner: Is that on the South side of Lincoln to Bell?

 

Robert Bean: Itís somewhat of a ditch on the South side but it all stops, itís all stopped up with drive-ways and it canít get to Bell Road at all and I thought that would be a possible way of maybe getting rid of some of this headwater as it comes down rather than try to force it all in this one ditch, cause this one ditch is, itís just a short period of time that itís not going to handle it. If we have a highÖ..a 5-inch rain now, a heavy rain thereís no way this ditch is going to retain all that water and it seems like to me it just seems like its going to balance out when the easement is a 20-foot easement and its on our property, I understand that, but we are continuously, it seems to me like taking the bulk of all the water in that whole area there and itís just dumping more and more and more on us, which thereís just no way we can handle it. So thereís got to be some solution worked out in the near future or thereís going to be some serious, you know, repercussions on it. So, John has a couple things he wants to add to it.

 

Mr. Berendsen started talking from the audience.

 

Carl Conner: Sir, would you mind coming up and stating your name for the record.

 

John Berendsen: My nameís John Berendsen and I am a property owner of 4388 Fox Moor Drive also in Fieldstone Subdivision and to support some of what Bean was saying here was that when our subdivision was built, we really didnít have a water problem, but with the addition of the apartments, the addition of the new library, the digging out of the ditches on Outer Lincoln, all of that water is coming into this small ditch that we have behind our properties. The property owners say we didnít have a problem originally, but with all this construction going on, you know, it has become a problem, but we were wondering if a longer term solution would be to run the Outer Lincoln Ditch over to Bell Road and hook in to their storm sewer system that was put in when they widened that road. That would relieve a tremendous amount of water out of that ditch, so thatís what weíre looking at, you know, and theyíre talking about widening Outer Lincoln, course theyíve talked about that for the last 10-12 years. We just donít feel like we could wait for Outer Lincoln to be widened before we end up having these problems here so, weíre looking for some assistance here on how to cope and deal with this because it is only going to get worse.

 

Don Williams: I have a question, my understanding from Mr. Bean is that the main obstruction on the South side going down to Bell is drive-ways that have no drainage under them or through them, is that correct?

 

John Berendsen: They have smallÖÖ.

 

Robert Bean: Yes, on Lincoln going to Bell, say from Fieldstone Subdivision to Bell Road on the North side, there was at one time a pretty good water way run through there, but its gradually just been filled up and as theyíve been building these apartments now and the work thatís been done from the other previous people who went in to build apartments, its been leveled out pretty much thereís not much of a waterway at all. On the South side there is still a minor ditch and there is some piping under some of the drive-ways, but most of it is filled up and thereís nothing there to give any water Right-of-Way whatsoever, what little there is there now, the last house or two next to Bell Road on the South side the drives are filled up completely. There is hardly any ditch whatsoever. The last house next to us on the West end next to our ditch has probably got a little bit of a swag in it, but it may be 6-8 inches thatís it and maybe 2-3 foot wide and thatís about all there is so there is nothing there left at all. It has finally just filled from a period of time and washing and the waterís got more or less directed to this ditch behind our houses by putting that big culvert in under Lincoln. It seemed like that was probably a good way to go, the shortest, quickest solution to get rid of water at one time and I agree if I was looking at it at the time I probably would have thought so too. But, looking down the road now, and Iím seeing how much this ditch has been reduced in size with that berm because there is no water easement on the apartment side of the property and they are all in the right on it, I have no qualms about that at all, but that 20-foot ditch is never going to take care of this water. I donít know how familiar you are on South of Lincoln there is another street and I canít recall the name of that street, itís just a dead-end street and on the South side of that is a very very steep hill, one gentleman, I believe owns that now and he went in there and built a new home and in the process of building a new home up the center of it, but Iíve also heard rumors that he is thinking about maybe selling part of it off and maybe sub-dividing it or something down the road and if it does, well, all of that water has to come to that ditch and there is just no way in the world itís going to do it. Thatís what we are concerned about, whatís going to happen to those fields across the road on the South side in a matter of time and we think it would be probably quicker and easier maybe to nip it in the bud expense wise for everyone concerned rather than wait until the last minute and then have a big hassle of what are we going to do, now everything is in a desperate state of array here and weíve shouldíve looked at this before. So I think this is a good possibility maybe to do something about it by having someone to look at it and come up with some sort of a solution.

 

Carl Conner: Do you have any more questions or comments, Don?

Don Williams: No, I donít, sir.

 

Carl Conner: Phil, do you have any?

 

Phil Baxter: No

 

Carl Conner: It sounds like to me that we have a major problem there and I think Jim is of the opinion that we do also, sounds like that we possibly have several options that we could take a look at. What I would like to suggest is that Jim and the County Engineer set up a meeting with representatives from your group and all of you sit down and try to come up with what you feel like would be acceptable and would be solutions. Then, Jim you bring those solutions back to us then weíll take a look at them from a cost perspective and also taking into consideration what the overall impact is going to be for that entire area cause you bring up an excellent point especially with the vacant fields across to the South, I mean you know whatís going to happen at some point and time there and we need to take all that into consideration so that would be my suggestion and it may take a month or six weeks to sit down and do that. But, it you all donít mind doing that, that is probably the best way for us to go.

 

Robert Bean: That sounds like a good start.

 

Jim Niemeyer: One of the things I noticed that as they mentioned it that the ditch is currently being overrun with weeds and growth and it ought to be removed as soon as possible.

 

Carl Conner: Your talking about on the North side where the apartment complex is.

 

Jim Niemeyer: Thereís just no room to work in there.

 

Carl Conner: Right, and thatís Iím sure County Right-of-Way along there and that is just a matter of us getting hold of the County Highway Garage and having them go in and ditch that out, they can ditch that out in probably a day or so. If either one of the Commissionerís have a problem with that, Iíll get ahold of Jack Gore and have him go out there cause thatís in District one, we can get thatÖÖ.

 

Jim Niemeyer: Theyíve also got concern all the way up North and behind their subdivision and the only thing is that people building the apartments are going to erect that fence one of these days and plant trees and shrubs and then weíve got a problem.

 

Carl Conner: Right, Iíve always wondered why someone hasnít filed a complaint against that builder because it doesnít look like the weeds and grass have been cut period, out there and that looks like to me that could be a real safety issue.

 

Robert Bean: I think most of the homeowners have put up privacy fences back there and you know, out of sight, out of mind and Iíve heard them comment that theyíll let nature take over and as long as they canít see it, itís not their problem. But, it is a problem.

Carl Conner: Yes, it is. If no one has an issue, then Iíll get hold of Jack and weíll get the ditch along the North side where the apartment complex is, weíll get those taken care of.

 

Jim Niemeyer: The South side, like he said, as I go by there quite often and they are filled in.

 

Carl Conner: Well, we can do both sides of the ditch.

 

Jim Niemeyer:Clean those drain tiles out and they look to me just from sitting in the car like theyíre about a foot 12-inch tile.

 

Carl Conner: Iíll tell you what, Iíll get ahold of Jack and let Jack get ahold of you and you two go out there and decide exactly what needs to be done to both sides of those on both sides of Lincoln Avenue. But, I think you all need to meet and come up with a long term solution.

 

Jim Niemeyer: Yes, cause that would be a short term.

 

Carl Conner: Anything else, gentlemen?

 

Robert Bean:That would be great, thank you.

 

Carl Conner: Jim, do you want to go on to MS4?

 

MS4 SOFTWARE:

 

Jim Niemeyer:I approached all of you fellows about this MS4 software, itís called assist and what it is, is a software developed to help us manage the program and to keep track of all the records and it is comprehensive. I have talked to Mr. Don Larson of Commonwealth Engineering, heís used it and he said absolutely, you need something like that and just from my own experience, it would cost us a lot of money to develop that software and it wouldnít be nearly as comprehensive as this is. I guess I canít say the sweet part of it is, but if IDEM receives a grant for which they applied to purchase this software, I think they are planning to buy 200 copies of this, if they get the grant then all of our money would be††† reimbursed and the present cost of this is $3,000.00 which is heavily discounted as it is. If I had the permission I would assume since it involves drainage, we could take it from the Cumulative Drain Fund and then if and when the reimbursement is made we could put it back into the fund.

 

Carl Conner: Any comments or questions from the Board?

 

Don Williams: I donít have any questions, but I have looked into this with Jim and I have something to add that he didnít state, but he knows is the software company and not only do we buy the software from them, but they will load the software and put all of our data on that for us and without that we would have to hire somebody full time probably for six months to do that and they have it all right there from the study. Commonwealth will transfer it from one media to another.

 

Jim Niemeyer: Commonwealth will electronically send it to them and theyíll put it in, no charge.

 

Don Williams: Right, one electronic media to another, so to me this is money well invested cause our reporting requirements for MS4, we donít even know yet, but this piece of software should do everything we will ever need to do.

 

Carl Conner: Do you have any comments, Phil?

 

Phil Baxter: I would agree with Don, I think itís a very good buy and I would make the motion for us to buy the software for $3,000.00 and to take it out of Cumulative Drain.

 

Carl Conner: Have a motion on the floor to purchase the MS4 Software for $3,000.00 out of Cumulative Drain, do I have a second?

 

Don Williams: You do, Iíll second that.

 

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. Control Surveyor Program.

 

CONTROL SURVEY PROGRAM:

 

Jim Niemeyer: Sometime ago I requested that we be permitted to do a Control Survey Program throughout Warrick County which would involve the establishment of 20 highly accurate control points which we do not have, this would eliminate, not eliminate, but reduce the cost of surveying considerably for surveying to the public and for Engineering projects and such. At the time we didnít have quite enough money and I was told that we should just table it until we do have the money and the cost of the program is $21,500.00 and I now have that amount in our Perpetuation Fund. I guess that really doesnít belong in this meeting, but since your all here at one time I would like to bring it up and I did give Carl two copies of that contract.

 

Don Williams: My thought is that it probably needs to be addressed at a Commissioners meeting, since itís a surveyor issue, not a Drainage Board issue. My question is and it shouldnít be asked here either, is this part of the H.A.R.N. at work.

 

Jim Niemeyer: Yes, weíll be using that and I was speaking with Steve Sherwood, our County Engineer, we need to go out and select the points, theyíve already been pretty much estimated. We need to go out and make a final selection and this would be in conjunction with Bernardin Lochmueller and this will help us defray costs, if we do, do that. If once we get started we can have this done in about a month and a half no more than two months.

 

Carl Conner: If thereís no opposition, I will talk to Phil about putting the issue on the regular County Commissionerís Meeting, the next one and we need to have the attorney to do a legal review if we think that we might sign the contract. So weíll just tell him to put it on the next regular meeting.

 

Phil Baxter: Yes.

 

CLAIMS:

 

Carl Conner: Claims, any questions about the claims?

 

Don Williams: I have none.

 

Phil Baxter: I have none, I make a motion we pay the claims in the amount of $3,205.27.

 

Carl Conner: Do we have a second?

 

Don Williams: Iíll second that.

 

Carl Conner: Weíve got a first and a second in regards to paying the claims in the amount of $3,205.27, all in favor vote by saying aye.

 

Don Williams: Aye

 

Phil Baxter: Aye

 

Carl Conner: Aye, passes three to zero. Jim, do you have any other business?

 

CYPRESS CREEK LOG JAM:

 

Jim Niemeyer: Just a short follow-up on our log jam removal project we are going to conduct jointly with Spencer County, we are at the point now where we can get into that area and we are going to establish an ingress/egress point there so that we can get in there to do a bid program, because the country is grown up so bad with weeds that you canít hardly walk through them. I talked to the Corps of Engineers and I got their blessings to go in there and I can cut a tree down, but I canít take a root ball out. I can mow the weeds or do whatever and it would be kind of a good idea if we did have a path because this problem is going to come back and last week I was out there in Bridge 200, which is on the far North end and the water is about 5-6 foot deep and itís not moving. So, its telling me that weíve got 6 large ponds all the way down the stream, so once we get that ingress/egress established, then weíll have a bid party to start removing those jams.

 

Carl Conner: Okay, anything else, Jim.

 

Jim Niemeyer: No, thatís all.

 

Carl Conner: David, anything to bring before us, Don, Phil?

 

All answered no they did not.

 

Carl Conner: I have nothing to bring before us, I would look for a motion to adjourn.

 

Don Williams: So moved.

 

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

 

Phil Baxter: Second

 

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

 

Don Williams: Aye

 

Phil Baxter: Aye

 

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