JUNE 28, 2006



107 W. Locust Courthouse Suite 303

Boonville, IN 47601





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 E. Niemeyer, Surveyor and David K. Zengler, Attorney for the Board.

Also attending was Sean M. Owen, Deputy Surveyor.


Audience attendance was Mr. and Mrs. Mark Faris.


Minutes were recorded and transcribed by Cheryl D. Embry.




Don Williams:Warrick County Drainage Board for June 28, 2006 now in session, the first item on the agenda is the approval of the June 14, 2006 minutes. Are there any questions about the June 14th minutes, if not, then I would entertain a motion.


Phil Baxter:I move that we approve the June 14, 2006 minutes.


Carl Conner:Second


Don Williams: Motion made and seconded, all in favor say aye.


All members voted aye, motion carried 3-0.




Don Williams:Next, fence request from Alanton Park.Mr. Stergy Stoyarenko requests to erect a fence, is there anyonehere to represent that. If there is nobodyhere I would make a motion that we remove this from the agenda until he makes another request.


Carl Conner:Second.


Don Williams:Have a second, all in favor say aye. All members voted aye motion carried 3-0.






Don Williams:The next business is claims, have you gentlemen had a chance to look at the claims? We have claims in the amount of $91,984.61. Allen Ditch, is that completely done?


Jim Niemeyer:It will be essentially complete by Friday evening and then next week, weíll spend just kind of tweaking things.


Don Williams:So this isnít quite the total expenses, there will be a little bit more?


Jim Niemeyer:No, I havenít received anything from Mulzer Stone and that will be for riprap and machine time to move rock which they gave us.


Don Williams:Do you have any estimate of what that will cost?


Jim Niemeyer:Iím going to estimate less than $30,000.00.


Carl Conner:Jim, do you know how much the fair market value was on that rock that they donated?


Jim Niemeyer:Well, if it were all number 1 and clean, I would say 600 tons by at least $10.00 and that would be about $6,000.00 and then we gotÖÖyou can see here by the pictures we got seven large pieces of concrete that look like barrier walls, they gave us those, they just dumped them over the edge and we build a straight retention wall there with them. They gave us those and charged us time to move them and they didnít have to go but about an hour maybe. They mixed a lot of 53ís with the broken concrete, that way it would fill in the voids and we made the bottom of that ditch now is about 10-feet wide and itís got a good slope on it. The rock in the bottom of that ditch is probably 3-5 feet thick in places.


Don Williams:Iíll try to get out there next week or the week after.


Jim Niemeyer:We have the banks sloped back and Iíll show you some pictures here. This was taken a few days ago, it doesnít look anything like this now. Iíve got several pictures of work that we did out there. I think weíre coming in below budget and what I would like to do is go ahead and finish it all the way out to the river, but I donít have a permit though.


There was discussion about this being an emergency situation.


Phil Baxter: I move we pay the claims in the amount of $91,984.61.


Carl Conner: Second


Don Williams:A motion was made and seconded to pay the claims. All members voted aye. Motion carried 3-0. Is there any other business to come before the Board?


Carl Conner: I believe Jim brings up an issue that maybe we need to talk about for just a minute. I was asking our attorney over here, what his recommendation would be because it will probably be months after we apply for a permit to get that permit to get that work done, but weíre there now, so from an economical standpoint itís probably cost justifiable to go ahead and do it, but I donít want us to get into any kind of legal issues.


David K. Zengler:I thinkit would beÖmy recommendation would be to go ahead and justÖ..hopefully we wonít have a problem.


Jim Niemeyer:Well, Iíve got enough pictures to prove, Allen ditch is laying out there in the Ohio River, if you want to find it back and that is because it took so long to get permits and we had the bad weather. It looks like the Mississippi Delta out there, Iím not kidding. If I can stabilize that now itís going to save a lot, a lot of erosion and stabilize those banks, I mean they are rotten.


Don Williams:It sounds like an emergency situation to me, so we could declare this an emergency.


Phil Baxter:How much money are you talking about?


Jim Niemeyer:Well, Iím going to get 40 more loads minimum of broken concrete at $75.00 a load, thatís about 20 tons per load so that will be about $8,000.00 or 20 tons per load that would be 800 more loads of broken concrete and that will go a long way to filling it out and I might put a little more #1 riprap in there.


Carl Conner: But, Jim didnít you say that it is probably going to come under the originalÖ.projects going to come in under budget anyway, so the moneyís there?


Jim Niemeyer:I think it will, weíre going to be pretty close.


Phil Baxter:What was the budget to begin with?


Jim Niemeyer:Well, letís see, for the excavator we had $103,000.00 and I hadÖÖ.it was like $180,000.00 to $190,000.00 by the time all materials were considered.


Don Williams:We have some concrete over at the salt barn there on ÖÖÖ


Phil Baxter:$103,000.00 plus the $87,000.00, weíre talking $191,000.00 there and we havenít got all the bills in.


Jim Niemeyer: I donít think weíre going to have much. I donít know what Mulzerís is going to beÖmachine time I donít know how much and I donít think theyíre going to charge us for a lot of that rock that they moved, that 600 tons, theyíre not going to charge us for that.


Don Williams:There is some concrete over by the salt barn on Prospect Drive that really should be used.


Jim Niemeyer:(Mr. Niemeyer started talking before Mr. Williams finished and it is inaudible what Mr. Niemeyer is saying at the beginning.Something about Henry based on tons) ÖÖ.so many dollars per tons moved and he is not going to move that many tons so that is a plus. You know what I mean? So weíre monitoring that pretty close.


Don Williams:You think it will be enough in the original estimate toÖ.


Jim Niemeyer:I think weíll be pretty close. I sure would like to clean that up in there and at least straighten out a few spots in there and stabilized it cause it is pretty unstable back in there.


Don Williams:Well, since thatís all washed down there and it needs cleaned up, is that an emergency situation? Do we need to do that?


Jim Niemeyer:Yes, I think so.


Don Williams:So, to go ahead and do this we probably need to declare it as an emergency, do we have a motion to make the Allen Ditch an emergency so we can go ahead and finish that job up?


David K. Zengler:†† Declare it an emergency, if your going to do that yeah.


Carl Conner:I only have one concern is the financial aspect and Iím sorry Jim, Iím not real comfortable with the financial answers that Iím hearing. Maybe I just donít understand, but, youíre saying that the original project is going to come in under budget and that weíre goingÖÖ


Jim Niemeyer:I believe it will.


Carl Conner:Okay, what is the estimated dollar amount that weíre going to have left over from the original project to go ahead and extend other work on Allen Ditch.


Jim Niemeyer:I would say we would have somewhere in the neighborhood of $10,000.00.


Carl Conner:Okay, so weíre $10,000.00 under budget, now whatís it going to cost us to actually do the additional work?


Jim Niemeyer:It will probably take that much, I can give youÖ..


Carl Conner:But can we do it for $10,000.00?


Jim Niemeyer:I believe we can.


Carl Conner:Okay, so you donít feel that there is any possibility of us running into some major issues after weíre started and you coming back and saying well itís going to cost us another $30,000.00 or $40,000.00 orÖÖ


Jim Niemeyer:No


Don Williams:If it should come in at another 10 or 15, do we have that, those funds to take care of it?


Jim Niemeyer:Sure


Carl Conner: Are you taking it out of cumulative drain, well, youíve got a lot of money in there to begin with.


Jim Niemeyer:Iíve paid a lot of that riprap already.


Carl Conner: But we do have other projects that we need to be taking out of there and I donít want to run short.


Jim Niemeyer:Do you remember that memo I gave you the other day, I gave you and I wrote a little summary of what the projects were we had remaining to do?


Carl Conner: If youíre looking for a motion, Mr. President, I would like to put one forward. I would first like to make a motion that we declare continuous work on Allen Ditch as an emergency situation and based upon the fact that it is an emergency situation that we direct the County Surveyor to go ahead and treat it as a project as long as the actual cost of the project does not exceed $15,000.00.


Phil Baxter: Iíll second it.


Don Williams:We have a motion and a second all in favor say aye. All members voted aye. Motion carries 3-0. Is there any other additional business? Mr. Williams asked all members if there was anything else to come before the board?


Phil Baxter:I move we adjourn


Carl Conner: Second


Don Williams:All in favor say aye, all voted aye motion passed 3-0. We are adjourned.



Meeting was adjourned then reopened.


Don Williams:We would like to reopen the Drainage Board Meeting June 28, 2006 there is another issue we need to discuss and would like to make a statement for the record that when we adjourned there was nobody other than the Board in the room and the conditions are still the same and with that the meeting is opened and we have an issue concerning the culvert out there at Victoria, what are your thoughts? Go ahead Carl, you had something you wanted to say.


Carl Conner: Iím pretty much of the opinion that we made a promise to fix it so what we need to do is direct the County Highway Department to go out and pull out the present culvert, install the large culvert that has been taken off of Coal Mine Road, machine time and labor time be tracked and that we bill 50% labor and 50% machine time to Victoria for purposes of reimbursement and I put that in the form of a motion.


Don Williams:Okay, Mr. Baxter, do you want to second that?


Phil Baxter:Iíll second it.


Don Williams:A motion was made and seconded, all in favor say aye. All voted aye. Motion carries 3-0. Any other business? With that motion to re-adjourn the meeting.


Carl Conner:So moved


Don Williams:Iíll second that, all in favor say aye. Motion carried 3-0. Now we really are adjourned.