WARRICK COUNTY DRAINAGE BOARD
FEBRUARY 14, 2001
MEMBERS PRESENT: Don Williams, President; Carl Conner,
Vice-President; Jack Pike, Secretary;
Karan Hargrave-Barnhill, Surveyor and
Don Ashley, Attorney for Board.
ALSO PRESENT: Jack Brown, Tod Bischoff, Millicent
Ellerbusch, Keren Grimm, Bruce Miller,
Robert Adcock, Bill Bivins, Jim Morley,
Bruce Biggerstaff, Sherri Phillips, Andy
Easley and Ralph Blake.
President Williams brought the meeting to order.
The first order of business was the approval of minutes from the previous meeting.
Commissioner Pike made motion to approve minutes of January 24, 2001, 2nd by Commissioner Conner. Motion carried 3-0.
Karan Hargrave-Barnhill, Surveyor reported that Seitz ditch was on the last agenda and the Board discussed the possibility of the staff inspecting it. Karan explained that this was discussed last year with the project ending at Hachmeister Road. She also explained that the staff and I went out and inspected the ditch and decided that the entire ditch does need work from Otter Creek to Tennyson Road.
Phillip Springston has been in the Surveyor’s Office expressing concerns about the one portion that was being left off in last years specifications and requested the project continue over to Tennyson Road.
Karan stated that she agreed with Mr. Springston and asked permission from the Board to advertise it for Public Hearing.
SEITZ DITCH CONT:
Commissioner Williams made motion to advertise a Public Hearing for maintenance on Seitz Ditch, 2nd by Commissioner Pike. Motion carried 3-0.
Karan stated that at the last meeting Commissioner Williams wanted to look at the ditch and maybe consider the County doing the work themselves.
Commissioner Williams stated that he did inspect the ditch along with the Engineer and it was decided that the County does not have the equipment to do the work.
Karan asked the Board permission to advertise for Public Hearing to clean Robinson Ditch.
Commissioner Pike made motion to advertise a Public Hearing for maintenance on Robinson Ditch, 2nd by Commissioner Conner. Motion carried 3-0.
Commissioner Williams stated that for the record the motion was for a Public Hearing for the purpose of taking bids for Robinson Ditch.
CASTLE GARDEN DITCH:
Karan stated that this was continued from last meeting so Commissioner Conner could inspect the ditch for the project being pursued and determine if indeed it was needed. She further stated that she also inspected it and thinks that there are a couple of areas that need to be dipped out and it can be work from one side of the ditch. She also stated that she didn’t think it would be a very expensive job and could be quoted out.
Commissioner Conner stated that he agreed with the Surveyor that it does need to be cleaned out. He made motion that we accept Karan’s suggestion and take quotes for Castle Garden Ditch.
Commissioner Pike 2nd the motion. Motion carried 3-0.
Karan stated that this is a subdivision that is proposed at the corner of Outer Lincoln and Frame Road, There was a discussion at the last meeting whether the ditch that runs along the south quarter of the property is a legal drain. She stated that after researching it she has determined that this portion is not a legal drain.
She explained that in a letter sent to the Board, developing engineer and developer is that even though it is not a legal drain, she required that they provide a 20 foot drainage easement which would be plenty of room to work the ditch if something would happen that we needed to get in there. The Board could also get Right-of-Entry from property owners.
Andy Easley, Engineer for the development stated that the developers had agreed on the 20 foot platted easement as requested by the County Surveyor.
Karan further stated that the remainder of the drainage plans are in order, they have provided a retention basin of adequate size. This is draining into Willow Pond which is a regulated drain at the portion that this is draining into.
She further stated that in the future the Board will probably need to look into doing some work on Willow Pond Ditch, but with the retention basin as designed this subdivision should not affect it.
Commissioner Pike asked if this was designed as a 25 or 50 year flood plan.
Karan answered that it was designed for 50 year storm with a 5 year release. She further added that she would like to state for the record that they are providing a release structure that has a weir over the top of it and that the County is not going to maintain or be responsible for cleaning the weir, it will be under the jurisdiction of the developer or Homeowners Association.
Ralph Blake stated that on the question of the 20 foot easement, it needs to be clearly documented that everybody in that subdivision understands that there should not be any buildings or plants put in the drainage area.
Karan related to Mr. Blake for his information that on the plat in the dedication certificate there is wording in there that states no structures of any kind may be placed in the drainage easement. Also when they go to the APC, they check it to make sure the easement is on their plot plan and that nothing is placed in the easement.
Mr. Blake stated that they seem to be doing the work pretty well, but who is the enforcing body?
Karan answered that the Planning Commission ultimately would have that enforcement when they come in to get their permit.
Commissioner Conner moved to accept the proposal as presented by Karan, 2nd by Commissioner Pike. Motion carried 3-0.
CITY OF BOONVILLE WASTE WATER TREATMENT FACILITY:
Karan explained that the City Of Boonville had submitted plans that show the crossing of Cypress Creek, they have shown the line being 3 feet below the bottom of the ditch. They have also filed a Hold Harmless Agreement for crossing the legal drain, which is Cypress Creek. She further stated they have also provided drainage plans and she asked them to rework them because they had a design that was only a 10 year storm and she asked them to run a calculation to show the comparison of a 10 year design and a 50 year design, she explained that the design wouldn’t make any difference because the developed conditions are still less than the undeveloped conditions with the planting of grass so they meet all the requirements.
Since there was no one to represent this issue Commissioner Pike made a motion to table. Commissioner Conner 2nd the motion. Motion carried 3-0.
GOURLEY PLACE PART ONE:
Karan explained that she had returned this to the agenda because at the first meeting there was discussion about a drainage problem downstream of the subdivision. She stated that apparently at the Commissioners meeting it was continued so Steve Sherwood could review it to determine if a pipe under Sherra Lane needed to be replaced. They have determined that it does and it does slightly change the drainage, not a big change just some elevation of changes. The plans are now in order, so they are ready for approval.
Bill Bivins, Engineer for Gourley Place stated that they just lowered the ditch 9 inches to match Steve’s plans for the placing of the pipe.
Commissioner Conner made a motion to approve the amended drainage plans of Gourley Place, 2nd by Commissioner Pike. Motion carried 3-0.
Karan stated that Jim Morley, Jr. and Bruce Biggerstaff have contacted her to request that Howard Ditch which runs through their development off of Stahl Road, to request to reclassify it to an urban drain. She has sent a report to the Board of her findings. She explained that Howard Ditch is a considerably large watershed, and currently has problems that exist at this time. She stated that in looking at the drain and how large it is her recommendation is not to reclassify it as an urban drain. If the Board would like to relax the easement, she would recommend that 50 feet be the minimum. She further stated that contractors she has talked to have agreed with her.
Jim Morley, Jr. of Morley and Associates and the Engineer and Surveyor for Charlestown Square stated that he had sent Karan a copy of the section law on the reduction of legal drains. The law which states the 75 feet from top of bank allows the contractors to dredge the ditch, take the spoil out and the farmers can then spread it out. He explained further that the area where they are requesting this is inside a commercial subdivision so at this point there will be no more disking the spoils as when they are dredged out of the ditch the dirt will be hauled off with a truck. He explained that the ditch is currently in good condition and is not in any current need of dredging. He further explained that the reason for the 75 feet was so the contractor will have room to operate his machinery. Since they will have no need to swing their machines so wide they will not need the full 75 feet and also since they won’t be spreading the spoils out. He stated that this is why they go to urban drains in commercial subdivisions.
Commissioner Conner asked what the basis is for the 75 foot Right of Way.
It was answered that this is a state statute.
Commissioner Pike stated that he did not mind going to 50 feet, but that was as low as he would go with this ditch.
President Williams said there were two issues to determine, one is do we want to reclassify it as an urban drain and two is do we want to reduce the footage.
Commissioner Pike made a motion that the Board does not classify Howard Ditch as an urban drain. Commissioner Conner 2nd the motion. Motion carried 3-0.
Commissioner Pike also made motion to reduce the section of Howard Ditch that runs through Charlestown Square from 75 feet to 50 feet on both sides of the ditch, from the top of bank. Commissioner Conner 2nd the motion. Motion carried 3-0.
APPROVAL OF CLAIMS:
Commissioner Pike made motion that the Board approve the claims to be paid by the Drainage Board, 2nd by Commissioner Conner. Motion carried 3-0.
CERTIFICATION OF ACTIVE COURT DRAINS AND DITCHES:
Karan reported that her office had been working very hard and have completed the Legal Drain Certification. She gave the Board a copy of the map showing all of the legal drains in the County and also the list to be approved. She also stated that it did decrease because of the mining, some of them were done away with or rerouted. One of the reasons also was that Otter Creek was listed twice, so that was a large amount that contributed to the decrease.
She further stated that they have it on mylar and can now make copies for anyone needing to know about legal drains and ditches.
Commissioner Pike asked, as of today this is the best information on all the legal drains, is that right?
Karan answered that was true, this information was gathered from all information and records we took from the filing cabinets, USGS maps and going through the minutes. She also stated the total was 394.544 miles.
The Board complemented Karan and her staff for a job well done.
Commissioner Pike made a motion to accept the Certification of the Surveyor of the Legal Drains for 2001 for a distance of 394.544 miles, 2nd by Commissioner Conner.
Motion carried 3-0.
President Williams asked all Board members if there was anything else to come before the Board, all answered none with the exception of Attorney Ashley who made a motion to adjourn, 2nd by President Williams. Motion carried 3-0.