107 W. Locust St. Suite 301

Boonville, In 47601


February 22, 2006




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

Also present was Sean M. Owen, Deputy Surveyor.


Minutes were recorded and transcribed by Cheryl D. Embry.


Audience attendance was Sherri Rector, Bill Bivins and Harold Harkins.




Don Williams:The first order of business is the approval of minutes for February 6, 2006, what is your pleasure, gentlemen?


Carl Conner: I would move that we approve the minutes as presented, seconded by Phil Baxter. Motion carried 3-0.




They passed the sealed bids to Mr. Zengler to open.


David K. Zengler: Bid from Jerry Aigner Construction for $13, 032.36.


Don Williams:What was that amount again?


David K. Zengler:$13, 032.36.From Bigge Excavating, bid for Howard-Williams Ditch total cost of the project $18,430.00.


Phil Baxter:They both state they are going to do about the same thing?


David K. Zengler:The bid from Jerry Aigner just has the figure quoted, Bigge has some explanation, do you want me to read it?


Phil Baxter: No


Sean Owen:They were both present, we only had three people show up at the pre-bid meeting and we made some amended specs and Iíve spoken with both of them about the amended specs so they should have bid on the same thing.


Don Williams:Any other questions from the Board? Entertain a motion?


Phil Baxter: I move we award the bid of Howard-Williams Ditch to Aigner Excavating in the amount of $13,032.36.


Don Williams:Do I have a second?


Carl Conner:Second.


Motion was made and seconded. Motion passed 3-0.




Don Williams:Willow Pond Ditch request for reduction


Danny Leek:My name is Danny Leek with Morley and Associates and first of all I would like to apologize that we werenít at the last meeting, I didnít realize we were on the agenda for discussion. I guess Sean had called me one day and we had talked about it and didnít realize it was on the agenda. This is the last section, a small section of Willow Pond Ditch that was not relaxed back in 2003. Itís about 120-foot long section North of Bourbon Street. Willow Pond Ditch at that point has been cleaned and Rip-rapped on the banks and for whatever reason if was left out in 2003 when that ditch was relaxed from 75-feet to 25-feet. What heís doing is they have refinanced this property and as a part of it they want to cut out that small lot North of Bourbon Street for future resale or to build a house on it or something and so at this time we are in the process of doing a plat to carve that one lot out and as you can see the lotís pretty narrow the way it is and with the 75-feet off the top of bank, itís even less to build on. So, we were trying to get this small section of Willow Pond Ditch sized with the remainder of Willow Pond Ditch from Bourbon Street South to Pollack Avenue. Iíve got a large copy of the complex here if you need to see it.


Carl Conner:Are you saying that the entire ditch is 25-foot except for that section?


Danny Leek:Yes, It was relaxed in 2003.


Carl Conner:Do you have on your map there that you can show me the length of that entire ditch?


Mr. Leek pointed out on the map the relaxed portion of Willow Pond Ditch.


Don Williams:That is because we re-classified it as an Urban Drain.


Sean Owen stated that it was from Bourbon Street down to Morning Side.


Don Williams:So, are you wanting this to be included as part of that Urban Drain?


Danny Leek:Yessir.


Don Williams:How long is this section again, Mr. Leek?


Danny Leek:Itís just a little over 120 feet, it meanders a little bit.


Don Williams:So if we relax that length to the Urban Width that will give you about 20-feet of usable frontage, is that what you are saying?


Danny Leek: They donít have any immediate plans for that, itís just if something would ever develop then in the future they might want to sell it. Some of the neighbors have asked about it in the past. They had the opportunity to refinance it and they wanted to have it done.


Phil Baxter:If itís 25-feet downstream, I donít see any reason why it should be wider there, in my opinion.


Don Williams: Are there any other questions? Gentlemen, what is your will for this, I vaguely remember this, but itís narrower at North and south, is that what youíre saying?


Sean Owen:South


Don Williams: Just South ok, because I didnít remember doing anything North.


Danny Leek: I think north of there that Willow Pond Ditch has not been cleaned and rip-rapped like that section there.


Don Williams:What is the Surveyorís opinion of the request?


Sean Owen:25 is not the optimum that we would like, but as of right now the ditch is fine, itís rip-rapped, itís clean and the most they will have to do is spray it basically, but if we ever have to go in and take the rip-rap out, it might be a little bit more of a challenge.


Don Williams:Whatís the will of the Board?


Phil Baxter:Iíd move that we approve the request of the reduction of Willow Pond Ditch.


Don Williams:Youíre just talking about these 73-feet of it here?


Danny Leek:Itís 120-feet section from Bourbon Street North to the property line.

Phil Baxter: Yes, the 120-foot section.


Don Williams asked Mr. Leek to come and point that out for him on the plat. When it was pointed out Mr. Williams stated that it looked more like 130 feet.


Don Williams:Mr. Baxter made a motion to approve the request, do I have a second? Do I have a second?

Iíll second the motion, all those in favor state by saying aye.


Motion carried 2-1 with Mr. Conner voting nay.




Don Williams:Next on the agenda is claims, Are there any questions on the claims? We have claims totaling $451.81. I guess I have to ask who got the ratchet set.


Sean Owen:Itís actually a ratchet strap set for the 4-wheeler. One strap comes loose and it hits the back of the bed.


Carl Conner:I move that we approve the claims, Seconded by Phil Baxter. Motion carried 3-0.




Sean Owen:We had approved the drainage plan at the last meeting but there have been some changes to the drainage plans, minor with the addition to a couple of pipes. Mr. Bivins is here to talk about that.


Bill Bivins:Bill Bivins, Engineer for Crown Pointe, we are going to extend the street out to the east which all the drainage is still the same, everything still goes to the retention pond, itís just that the pipes are necessary to do this.


Don Williams:You had to add two pipes?


Bill Bivins:Yes


Don Williams:What if the Commissioners do not approve your street plans?


Bill Bivins:Weíll punt again.


Don Williams:Of course, that really doesnít affect what weíre doing here. Any questions about the drainage?


Phil Baxter:I move that we approve the drainage plans as amended for Crown Pointe Subdivision. Seconded by Carl Conner. Motion carried 3-0.


Don Williams:Is there any other business to come before this Board? Do you have something, sir?(asking a gentleman in the audience) Please state your name and who you represent and your address.


Harold Harkins:My name is Harold Harkins and Iím with Ivy Glen Subdivision. Iím up here to see if thereís been anything done since the last meeting on the drainage problem we have out there. I expected Mr. Niemeyer to be here, but I believe this fellow here knows pretty much whatís going on there right?


Sean Owen:Yes sir, well as of right now weíre still working on the Howard-Williams Ditch situation. Weíre still trying to research Ivy Glen and all the situations there.


Don Williams:That was sort of part of it, that quote we did, was it not? I have also been out there with the Surveyor to look it over the last time while it was raining as a matter of fact to see it.


Harold Harkins:Right, I saw you go by the house.


Sean Owen:Jim is continuing to work on more of the research portion of it and weíve been working on Howard-Williams trying to improve the flow of that.


Harold Harkins:I donít understand, is Howard-WilliamsÖ..


Sean Owen:Howard-Williams is the ditch that basically all those subdivisions and everything run into, thatís the main one that basically has been backing up all the water. Thatís because it seems that every subdivision that gets flooded is because itís going into Howard-Williams Ditch and it is running bank full and the subdivisions canít seem to get their water out of there.


Harold Harkins:But something will be done?


Don Williams:Yes, we are in the process of working on it.


Harold Harkins:Ok, well there are a lot of people in our subdivision thatís pretty unhappy with them, every time it rains to see that water coming upÖ..


Don Williams: We took some pictures.


Sean Owen:Itís a pretty complex problem and weíre continuing to try and do all we can to fix it.


Harold Harkins:Ok,Thank you.


Don Williams:Mr. Attorney do you have anything to come before the Board?


David K. Zengler:Are we meeting tomorrow for purposes of the MS-4 information?

Don Williams:What time is that meeting?


David Zengler:1:30 p.m.


Don Williams:The last time I got word that it was cancelled after I already about killed myself to getting here to make the meeting. I knew it was going to be changed, but I donít think I got that information either.


Phil Baxter:The reason I know is because I saw it posted on the door over here. Did you have it down?


Don Williams:No, so thatís Thursday at 1:30.


David K. Zengler:The reason IÖ there is a questionÖwe probably didnít get the notices up within the 48 hours, so what I suggest we do is not adjourn this meeting but reconvene.


Don Williams:Just recess until 1:30 tomorrow?


David K. Zengler:Yes, thatís what you can do without doing the notices and stuff.


Don Williams:That sounds like a good idea.


David K. Zengler:That way if we put that in the minutes that we reconvene yeah recess until then.


Phil Baxter:How long should this take?


Cheryl Embry:The last time he said it would take about 2 hours that is what was said from the last time this meeting was set.


Don Williams:I was under the impression that it wasnít even going to be a Drainage Board Meeting, it was just going to be the operator and my official title, I canít remember what it is.


David K. Zengler:If you are receiving information it technically becomes a meeting as a Board.


Don Williams:But if Iím the only one there?


David K. Zengler:Then itís not a problem.


Carl Conner: And do you plan on making it, Don?


Don Williams:Yes, Iíll make it, thatís one that Don Larson is coming down, he has been our consultant to give us more information. If you donít want to be there, itís not a problem, we can recess or if you need me to just pass information, I can do that also.


Cheryl D. Embry:I plan on taping it if you would like me to and then I can transcribe it for everyone to read.


Don Williams:That would be good, that way weíll have a copy. Is there anything else?


Carl Conner:Yes, I would just like to bring up this issue for, Iím sure weíre all well aware of that weíve been attempting to get this drainage problem on Fuquay Road corrected, I guess ever since you and I came into office the first time, Don, in Chandler. In my meeting with the City of Chandler about 3 weeks ago relative to the sewer issue, they were telling me that they have purchased that property to the north of the ditch and to the west of Fuquay Road and that they would give us access to the ditch without any questions asked. Yesterday I had asked Jack Gore to see if the culvert that is going to be removed from Telephone Road up by Bobís home, if we could use that culvert in that project out there on Fuquay Road. He was in earlier today and he said that culvert meets the specifications that were called for in the plans to do the sewer project out on Fuquay Road, in addition to that Jack has plans unless something comes up, he has plans to start the project on Coal Mine Road, the first part of May and that is going to be a joint project between this Board and the County Highway Department. He also said if they donít have any problems or any obstacles, he probably would be able to complete that project by the end of May and could start working on the project on Fuquay Road in June and probably get it done in 3 to 4 weeks. So I guess what Iím saying is, itís been a long hard fought battle to correct a problem and now we have the opportunity to do so and I would like to make a motion that the Drainage Board will approve the commitment of the Surveyorís Office jointly to work with the County Highway Department and also use what funding we need out of the Cumulative Drain and so I would make that a motion that we would approve that project and make a recommendation to the County Commissioners to consider for purposes of having the Highway Department involved in doing the work in house.


Don Williams:To cut down on expenses, yeah.


Carl Conner: Right, but Jack says with using that culvert that is over on Telephone Road that has to come out, weíre probably looking at maybe a project thatís only going to cost us $20,000.00 now instead of $100,000.00 plus that. Thatís a motion.


Don Williams:Thatís a good deal, Iíll second that, Iím sorry, did you want to second that?


Phil Baxter:Thatís all right.


Don Williams:Okay, Iíll second that motion, all in favor state by saying aye.


All members voted aye, motion carried 3-0.


Don Williams:It will almost be back the way it was, originally there was a bridge there and it didnít flood then, so that will help.


Carl Conner: Weíll probably take it up if you donít have a problem with it under my business tonight at the County Commissioners Meeting relative to committing the County Garage and the start date of June and that ditch to the best of our knowledge and I think you researched it is a legal drain.


David K. Zengler:Itís a legal drain.


Carl Conner: But this way we can work on the property thatís owned by the City and we donít have to contend with the people that are to the South, weíll just do it all from one side.


Don Williams:Sounds good to me. Is there anything else?Okay, Iíll entertain a motion to recess if you gentlemen are going to be here tomorrow, if not, motion to adjourn.


Carl Conner:I probably wonít be here so Iíll leave it up to Phil if he wants to be in attendance or not.


Phil Baxter: I doubt that I can be here.


Don Williams:Well, Iíll definitely be here, so Iíll entertain a motion to adjourn.


Phil Baxter:So moved.Seconded by Carl Conner. All voted aye. Motion carried 3-0.