STATE OF INDIANA)

SS)

COUNTY OF CLAY )

Harold Knox, President of the Board of Commissioners of Clay County, Indiana, opened the regular meeting of the Clay County Drainage Board on Tuesday September 3, 2002, at 11:00 A. M. in a meeting room in the basement of the Clay County Courthouse. Commissioners and voting members of the Drainage Board Ruth Miller and David Parr were present. Ronald May, President of AECON Engineering made a presentation at the meeting and William E. Morthland, Clay County Auditor, acting as Secretary to the Drainage Board was present and made a record of the proceedings, to wit:

IN THE MATTER OF FORMULATING A DRAINAGE ORDINANCE FOR CLAY COUNTY, INDIANA

Ronald May asked the Commissioners a multitude of questions. Will a drainage ordinance apply to a small one acre tract? Will it apply to a five acre subdivision? Will the County be able to determine in house whether specifications meet an ordinance? Who has the expertise to pass on drainage plans? Should there be a fee assessed each applicant? If a fee is assessed, how would it be determined, by the acre or by the square foot of flat surface? How are other counties handling their drainage plans? etc., etc. Some solutions suggested would be to arrive at a fair fee to charge an applicant to bring in sufficient funds to pay for the professional services of some one qualified to administer a drainage ordinance. This was the first time that members of the drainage board and their Attorney had sincerely talked over both the true need for a drainage ordinance and the problems associated with developing an ordinance. How restrictive should the ordinance be? What penalty clauses should be worded into the ordinance? The Clay County Drainage Board prefers to get more concrete suggestions from Aecon Engineering before finalizing plans for an ordinance. Members of the Drainage Board did express an interest in getting their act together and passing an ordinance before the end of the year.

IN THE MATTER OF EARTH SOURCE, INC. REGARDING HEINE DITCH

Clay County Surveyor Charles Brown brought a proposal from Earth-Source, Inc. to provide a Site/Project Description, Scope of Basic Services, Additional Available Services, Items to be Provided by Owner, Products, Cost of Services- Payment, and Time of Services "Agreement" to the meeting at 11:33 A. M. The United State Army Corps of Engineers requested that this organization complete its study of the Heine Ditch project before the county seeks approval of the Corps of Engineers. Earth-Source. Inc. will perform the indicated services for $2,860.00. Commissioner David Parr made a motion to move forward with Earth-Source, Inc proposal. Commissioner Ruth Miller seconded the motion and Harold Knox agreed. Since there is more than $19,000.00 in the Heine Ditch fund, Harold Knox signed the proposal so that work can proceed.

This concluded the business of the drainage board for this month. Ruth Miller made a motion to adjourn the meeting that was seconded by David Parr. Harold Knox adjourned the meeting.

Harold Knox, President Clay County Drainage Board

Ruth Miller, Vice President

David Parr, Commissioner and Member of the Board

Charles Brown, Clay County Surveyor

Attest:

William E. Morthland, Secretary to the Clay

County Drainage Board