FEBRUARY 28, 2007
COMMISSIONERíS MEETING ROOM
The Warrick County Drainage Board met in regular session with President Phillip H. Baxter presiding, also in attendance were Carl Jay Conner, Vice-President; Don Williams, Secretary; James E. 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.
The audience members were Alan Bosma
APROVAL OF MINUTES:
Any corrections on the minutes?
Don Williams:† †I have none, Mr. President I move we approve the minutes of February 14th.
Carl Conner: Second
Motion was made and seconded to approve minutes. Motion carried 3-0.
Jim Niemeyer: The next item is the drainage request from Alan Bosma for Julianne Estates.
Alan Bosma: Iím Alan Bosma from Bosma Construction getting to vacation of the utilities and also the drainage to move back on Julianne Estates.
Jim Niemeyer: We have a request to make an ordinance there?
Alan Bosma: That is what I brought you last week.
Phil Baxter:† Any questions from the Board? If there are no questions, may we have a motion?
Don Williams:† I would move that we approve the request for the drainage easement, thatís what youíre asking us for and youíre ok with this?
Jim Niemeyer:† Yes
Phil Baxter:† We have a motion do we have a second to approve?
Carl Conner:† Second
Motion was made and seconded to approve. Motion carried 3-0.
EXTENSION OF EDWARDS DITCH & HOWARD-WILLIAMS DITCH:
Jim Niemeyer: We received one petition signed for the establishment of the extension of Edwards Ditch behind Schnucks and I talked to their engineer and he recommended Schnucks approve that petition, but I have not received a copy of it yet. Thatís about it, I also spoke with the engineer Henry Nodarse and he is preparing an engineering report for the establishment of the drainage reversal for Howard Williams Ditch, so that is moving along.
Jim Niemeyer: We have graded down approximately 50% of the dirt that we recovered from the Tanglewood Ditch and weíll wait on the farmer, Mr. Titzer to finish the rest, he wants to be in control of that when we do it.
Jim Niemeyer: The other thing I received here was Iíve got copies of all the contracts from Commonwealth Engineering this is the revised set.
Don Williams:† This is for the MS-4?
Jim Niemeyer:† Yes
Don Williams:† †Have you had time to review these?
David K. Zengler: Yes, they had faxed me a copy and the basicÖ.they have taken out the estimate of the $145,000.00 and they have put in where the Board would designate the County Surveyor as your representative who will have the authority to pre-approve services to be completed by Engineer and shall review and approve Engineerís invoiceís for payment by the Drainage Board.
Carl Conner: The billing is to be on an hourly basis?
David K. Zengler: Yes, I think thatísÖItís an hourly basis without a cap.
Carl Conner:† If he says thatís whatís in there, then it meets my requirements.
David K. Zengler: One thing..I donít know whether we picked up on, we talked about termination within 30 days and it actually provides termination within 7 days. I donít know if that was always in there.
Mr. Phelps: It was always in there but I saw it after the fact.
Carl Conner Ok, thatís fine and I guess there is no cause except for the fact that we would want to terminate it.
Mr. Phelps:† Exactly.
Phil Baxter:† Any other questions?
David K. Zengler: Basically gentleman this contract is the same other than they have taken out the estimate and the reimbursements acts.
There was discussion about a clean copy and who was supposed to sign
Don Williams:† Actually it doesnít say, it has two signature lines.
Mr. Phelps: Actually there is only one signature line on there so a representative of the Board is all that is necessary.
Phil Baxter:† Do we need a motion to approve this?
David K. Zengler:† Yes, I think you will.
Carl Conner: I would move that we approve the present contract based upon the input of our attorney and that the president of the Board would sign on behalf of the Drainage Board.
Don Williams:† †I would second that motion.
A motion to approve was passed and the vote was 3-0 in favor of.
Phil Baxter: The next on the agenda is the claims in the amount of $802.16. Do we have a motion to approve the claims?
Don Williams:† †So moved.
Carl Conner:† Second
A motion was made and passed with the vote 3-0 in favor of.
Phil Baxter: The claims are approved is there anything else?
Don Williams made a motion to adjourn and was seconded by Carl Conner. Motion passed 3-0. Meeting was adjourned.