MARCH 14, 2001
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† President; Jack Pike, Secretary; Don Ashley,
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Attorney for the Board and Karan Hargrave-
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Barnhill, Surveyor.
ALSO PRESENT:†††††††††††††††††††††††††††† Bill Nicholson, Ralph W. Blake, David Dahl,
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Brian Bullock, Darrel Heisler, Bruce Miller,
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Jim Morley, Jr., Alan Bosma, Ron McGillem†††††††††††††††††††††††††††††††††††††††††††††††††††† ††††††††††† and Jim Morley, Sr.
President Williams brought meeting to order.
The first order of business was the approval of minutes from the previous meeting.
Commissioner Conner made a motion to accept the minutes, 2nd by Commissioner Pike. Motion carried 3-0.
CITY OF BOONVILLE WASTEWATER TREATMENT FACILITY:
This was continued from last meeting. Mr. David Dahl from Midwestern Engineers introduced himself to the Board. Mr. Dahl stated that as they discussed last meeting Boonville is requesting approval to install a force main and a water line under Cypress Creek to the new sewage plant. The lines will be 3 feet below the bottom of the ditch and we trust that our details are such that they wonít impede the maintenance or operation of the drainage ditch. Mr. Dahl asked if there were any questions from the Board on what impact the lines might have on the ditch.
Commissioner Pike asked if there was a drawing showing the clearance off the lane going across the ditch?
Karan Hargrave-Barnhill gave Commissioner Pike a copy of the drawing.
President Williams asked if there was a Hold Harmless Agreement.
Mr. Dahl answered that there was a Hold Harmless Agreement for the crossing and also for any work being done in the 75- foot Right-of-Entry so if there is maintenance that needs to be done, Midwestern Engineers will be responsible for moving the line.
Commissioner Conner stated there hasnít been any change to the original from the last meeting.
Mr. Dahl stated there had been no changes or alterations. He further stated that the work would be done by boring so that there will be no excavation of the ditch.
Commissioner Pike asked to see the cross section drawing.
Commissioner Conner made a motion to approve the crossing of Cypress Creek by the City of Boonville as proposed, 2nd by President Williams. Motion carried 2-1. Commissioner Pike abstained.
CASTLE GARDEN DITCH:
Karan Hargrave-Barnhill, Surveyor stated that 3 sealed quotes had been turned in. She further stated that the quotes received were from Warrick Excavating, Jerry Aigner Construction and Ray Stradtner Excavating.
President Williams opened the sealed envelopes and passed them to Don Ashley, Attorney for the Board to read.
Don Ashley stated that the first quote was submitted by Ray Stradtner Excavating, Inc. Mr. Ashley read ďremove siltation from ditch bottom, clean channel to even width, project will not include removal of the stump at the Northeast corner of the bridge. 1320 lineal feet at $1.15 per foot, which extends out to $1518.00.
Mr. Ashley the next proposal was submitted by Jerry Aigner Construction, Inc., a quote for Castle Garden Ditch. Bid price $2,450.00
The next proposal is submitted by Warrick Excavating, it states Castle Garden Ditch-Mosbey field, clean and repair ditch as per specifications sheet dated March 2, 2001.
Bid price $2,200.00.
President Williams asked what was the desire of the Board?
Commissioner Conner moved to take them under advisement and have them reviewed by the Surveyor to bring back at next months meeting with recommendations. President Williams 2nd the motion. Motion carried 3-0.
President Williams stated that this subdivision was brought back by the Commissioners for a realignment of the interior road coming out of Frame Road, this change did not alter the drainage plans. He further stated the surveyor wanted to show us the realignment on the plans.
Karan stated that the realignment did not alter the drainage plans at all. She stated that she just wanted a revised plan to show the realignment to insure that our plans matched with what was going to the Commissionerís next meeting.
Commissioner Conner made a motion to accept the recommendations of the County Surveyor.
Mr. Jack Brown approached the podium and asked to see the revised plans.
President Williams told Mr. Brown that he did go out and check this in person and in trying to turn around he noticed that there is a visual problem with trees on Mr. Brownís property. He stated that he just wanted Mr. Brown to be aware of the danger.
Mr. Brown stated that the tree was going to be removed as it had grown bigger than it was supposed to. He also asked about the 20- foot drainage easement that is shown and asked if it was a County ditch?
Karan answered the one that runs along the south line of the subdivision is not but where it takes a turn and goes South is Willow Pond Ditch and it is a legal drain. The portion along the South line, we could find no documentation that it is a legal drain.
Mr. Brown asked if the County is responsible for maintenance of that ditch?
Karan answered that the Drainage Board was not responsible for that portion of Willow Pond Ditch.
President Williams stated we have a motion on the floor made by Commissioner Conner to accept the revised plans, is there a second? Commissioner Pike 2nd the motion. Motion carried 3-0.
LOEHR BROTHERS, LLC:
Karan stated that this subdivision was approved originally in 1998; the drainage plans were approved. She explained that was some question as to where the roadway came out on State Road 66. She stated the area where the road is was partially on an adjoining lot that was not owned by The Loehr Brothers. She also explained there were questions at that time from the Commissioners whether or not they could grant street plans over property they donít own. She also explained when they designed this subdivision it was designed for a 25- year storm retention. She stated that The Loehr Brothers have since purchased and added the two lots on each side, lots 5 & 6. Karan stated that in discussion with the Design Engineer she asked them to revise the plan to a 50- year storm capacity. She stated that is the same plan with the addition of 2 lots and the redesign of the retention basin. Karan recommended that it be approved as it is in order.
Commissioner Pike made motion to approve the drainage plans on Loehr Brothers commercial subdivision, 2nd by Commissioner Conner. Motion carried 3-0.
LAKERIDGE CROSSING SECTION H:
Karan stated that this is a subdivision located along Anderson Road, with one entrance road off of Anderson Road, the remainder of the lots front onto Anderson Road. She explained that when we met during the design of the subdivision, they asked if a retention basin would be required. Karan said that with the size and the depth of Blue Lake she didnít feel that storm retention was necessary with the lots draining directly into Blue Lake. She further stated that the Drainage Plans are in order and with no retention required and she recommends approval.
Commissioner Conner made a motion to accept the recommendation of the Surveyor, 2nd by Commissioner Pike.
President Williams asked if there was anyone in the audience that wanted to speak on this subdivision. Since no one spoke up the Motion carried 3-0.
ACTION TRAILER SUBDIVISION:
There was no one present to represent this item.
Commissioner Pike made motion to table, 2nd by President Williams, motion carried 3-0.
Karan stated that this was brought to her attention by the landowners in discussions concerning the work that is going to be done on Seitz Ditch, which is just to the North of Scales-Lipnight. She stated that some of the landowners came in to discuss this and explained that apparently last year the railroad had approached the Drainage Board in regard to replacing a railroad trestle. She explained that during the discussion it was decided to replace the trestle with a downsized pipe to make it like an overflow structure. She explained that the County graded and deepened the roadside ditch a couple of years ago and when they did this work; it caused Scales-Lipnight to drain into Seitz. She stated that this caused a drainage problem for the farmers. Karan further explained the County put riprap at the trestle to block the opening under the track and to force the water to drain away from Seitz Ditch. The railroad removed the riprap, so now the water is flowing back into Seitz Ditch. Karanís question is whose rights is precedent. She asked Don Ashley if the Railroadís rights are precedent or does the legal drain Right-of-Entry have precedence. She asked Attorney Ashley if the Drainage Board has the right to redirect the flow of water at the trestle or do they?
Don answered that if itís a regulated drain this Board has sole jurisdiction and control over that. He asked to see a plan, then asked if it could be tabled so that he could investigate it a little further.
President Williams made a motion to table this discussion until next meeting, 2nd by Commissioner Pike. Motion carried 3-0.
MITCHEM DITCH #2:
Karan stated there was a landowner who had discussed this ditch with the previous Surveyor. She stated the ditch runs North and South just east of Alcoa Highway from Friendship Church to the railroad tracks. There was discussion on whether the church was named Freedom or Friendship.
Commissioner Pike asked Karan if before the next meeting, the Board could have some drawings and copies of plans that are coming before the meeting so that they could study them before meeting.
Karan answered, yes that could be done. She further explained that the landowner asked if the ditch could be cleaned and also related to Karan that he was promised that it would be cleaned last year. It is about the same size as Castle-Garden Ditch. Karan asked permission to take quotes on this ditch.
President Williams asked if Karan had inspected the ditch?
Karan stated that she had inspected it and that it needed to have silt removed and the banks sloped.
Commissioner Conner made a motion to accept the Surveyorís recommendation in regards to getting quotes. He further stated that he understood that this ditch was about .25 miles.
Karan answered that this was probably close to the size.
President Williams 2nd the motion to take quotes for Mitchem Ditch #2. Motion carried 3-0.
SUMMIT POINTE SUBDIVISION:
Karan stated this was discussed at the last meeting to have the surveyor research for a petition to make this a legal drain. (A lateral of Summer-Pecka Ditch). Karan further stated that Mr. Ashley could probably explain it better, basically the way she understands the statutes to read is the executive body can petition any drain to be a legal drain. She stated there is a process to go through to do this. She asked the Board how they wanted to proceed with this matter. She explained that this was the ditch that caused problems in Summit Pointe and runs off of Martin Road over to Summit Pointe; part of this ditch was cleaned last year by the County Highway Department. The remainder of the ditch is yet to be cleaned.
Commissioner Conner asked if this was the ditch on the back section?
Karan showed him where it was on the plans and explained what portion of the ditch was cleaned by the Highway Department to help alleviate the flooding and then showed the Board what still needs to be cleaned.
Commissioner Pike stated that to assure that we can keep the drain cleaned out in that area, we need to take this over as a Legal Drain and maintain it.
President Williams asked Mr. Ashley how the Drainage Board would proceed to accept this as a Legal Drain?
Mr. Ashley answered that a new drain can be initiated or a request for a new drain can be initiated either by landowners within the watershed or by County Executives which would be the County Commissioners, not the Drainage Board. The County Executives usually initiates this if a public highway is involved. He further explained the Statute is rather detailed in the information that is required to initiate a new drain. Attorney Ashley stated that the bottom line is ultimately a notice would have to be given to the landowners and a public hearing held to determine whether or not it is a public utility to extend or construct a new drain. He further stated that the initial question is, does the Board want the landowners affected thereby to initiate the action or do the County Commissioners want to initiate the action. He stated that if the Commissioners feel that drainage is necessary to protect the integrity of the public highway they could petition to make this a legal drain. He also stated that the Board and himself could assist whoever is the initiating body as to the procedure and the information that is required in the petition.
President Williams asked if the community would want this, how would they be contacted and how do we proceed?
Mr. Ashley asked the Board how all of this came to their attention? Did landowners appear before the Surveyor or the Board asking this to be a legal drain?
Karan answered that Steve Sherwood has asked because of the problem that happened in Summit Pointe, those property owners were affected by the fact that the drain was not clean and it was flooding their subdivision.
Mr. Ashley stated that the Commissioners would have to determine whether or not to extend the drain to protect their drainage on their County Road. If this is a decision that the Commissioners want to make, Mr. Ashley said he would assist in furnishing the information required by statute.
President Williams asked, if he meant he would draw it up for Commissionerís Meeting?
Mr. Ashley answered he would present the Commissioners with the petition.
Commissioner Conner stated he thinks that this does require the Commissioners to make this a legal drain. He further stated that the Drainage Board needs to assist the people in the future, we need control of the drain. He made a motion to proceed according to the Attorney in making this a legal drain.
President Williams asked if anyone else had any comments to make.
Steve Sherwood, County Engineer stated that he agreed and further stated that this should help alleviate the flooding in Summit Pointe.
†Commissioner Pike 2nd the motion. Motion carried 3-0.
GARDNER- WEBB DITCH:
† Karan stated Morley and Associates appeared before the plat review committee†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †††††††††††††††and are planning a subdivision at Coal Mine Road and the property in question lays just South of Gardner-Webb Ditch. The engineers want to put a residential subdivision along the ditch with approximately 11 residential lots that would abut the ditch. She stated they are requesting a reduction of the 75- foot Right-0f-Entry from the top of bank to allow more area for them to build. She explained that most of the reductions that have been allowed are to commercial subdivisions. Karan stated that she hesitates in reducing it along a residential subdivision for the fact that you have 11 different residential lots, 11 different property owners that the Board would have to deal with if something happened and we would have to get out of the Right-of-Entry. She explained that 75-foot allows us plenty of room to work the ditch and if any reduction is done I would not recommend any further than 50 feet, but I hesitate to even allow that.
Jim Morley, Sr., addressed the Board and showed them an aerial photograph of the site.
Mr. Morley showed the Board the location is immediately on the West side of Coal Mine Road from Gourley Place Subdivision. Mr. Morley pointed out that at one time in the past apparently a section of this regulated drain has been relocated and exists no Right-of-Way for Gourley Place at the Southwest corner along Coal Mine Road. He stated that although this 75-feet would all be in the back yards, normally when a ditch runs through a residential subdivision, you donít normally use a drag line and broadcast a spoil from the ditch like you would when the land was farmed. He explained that the additional footage is necessary in the back of the lots to run some of the public utilities. He also explained the landowners usually maintain their portion of the ditch that is in their back yard minimizing the maintenance for the Drainage Board, and for this reason Mr. Bosma would like to request the Right-of-Entry be reduced from 75 to 50 feet from the top of the bank.
President Williams asked if there was any kind of guarantee that the landowners are going to maintain the ditch, it was also discussed about putting up structures in the Right-of-Entry; they do so at their own risk.
Mr. Morley stated that this is going to be a high- end subdivision, so there will be strict restrictions.
Don Ashley stated he saw no need to reduce the Right-of-Entry, they can use the land and put up fences or temporary structures, but they do so at their own risk. He explained that unless they contemplate putting in a permanent structure, he doesnít see any need in reducing the Right-of-Entry.
Mr. Morley explained that along with the 75-foot Right-of-Entry, there is also the utility easements, which take up another 25 feet. He stated they were going to use the additional 25 feet for the utility easement. He further stated that on most utility easements you cannot locate a fence in them.
Don Ashley suggested for Morley and Associates to petition the Drainage Board for permission to utilize part of the Drainage easement for a utility easement and enter into a Hold Harmless Agreement. He explained that would be an alternative to reducing the Right-of-Entry.
President Williams stated that speaking for himself, once you relinquish the Right-of-Entry, itís gone forever. He further stated that he would be in favor of giving permission to putting the utility easement in the 75-foot Right-of-Entry.
Commissioner Pike made a motion to table this matter until next meeting for the purpose of Morley and Associates drawing up a petition to introduce to the Board, 2nd by Commissioner Conner. Motion carried 3-0.
Karan stated that this is a similar situation the Board saw with Boonville City, except this is Indiana American Water crossing Cypress Creek, the pipe will be 36 inches below the bottom of the creek. She further stated that they would agree to a Hold Harmless Agreement.
Commissioner Pike asked what size pipe would be installed.
The gentleman from Midwestern Engineer answered that it was a 16 -inch pipe and that it was in one piece. He further stated that it would be directionally bored about 780 feet. He explained this will be placed under Cypress Creek at Highway 66 to make a distribution tie-in to the one at Highway 61.
Don Ashley stated that the Hold Harmless Agreement appears to be in order.
Commissioner Conner made a motion to approve the installation of the pipe, 2nd by Commissioner Pike. Motion carried 3-0.
ACTION TRAILER SUBDIVISION:
Andy Easley introduced himself to the Board and explained that this subdivision is the small triangle parcel at the Southeast corner of Action Trailers bordered on Stephenson Station Road and Telephone Road on the South. He further explained that this parcel has 3.9 acres, however 1.67 acres is encumbered by Right-of-Way, Legal Drains and roads which renders 42% of it is useable with no encroachments. Mr. Easley stated they would like permission to set the building 35 feet from the top of the bank.
Mr. Easley further stated that the Drainage Board would have clear access on the West side of Howard Ditch for maintenance and except for the width of the building which is 50 feet, the Drainage Board would have access on the east bank. He explained this is such a small parcel, that Action Trailer subdivision needs it desperately and Mr. Easley asks that the Board would make an exception because there is access to the ditch and there would still be 30 feet behind the building.
Karan stated that Action Trailer subdivision could put parking in the legal drain Right-of-Entry, and asked if there was not any way that they could move the building out of the Right-of-Entry and put the parking in the Right-of-Entry and then there should be no problem.
Mr. Easley stated that his client operates many facilities of this nature and because of the shape of the lot requested that they are trying to get permission to build in this manner. Mr. Easley went on to discuss many reasons why the Board should permit the reduction of the 75-feet Right-of-Entry
President Williams asked Mr. Easley if he was going to take the Boardís proposal to the owner. He stated that he saw two possibilities that would make it easier for the Board to decide. He stated one would be to move the building forward where the parking is to be and put the parking behind it or to move the building to the Northeast and maybe the Board would reduce the easement to 50 feet.
Mr. Easley stated that he would take the proposal back to the owner.
Don Ashley stated that the Board needed to look at the specific encroachment.
The Board asked Mr. Easley to come back to the March 28th meeting.
Commissioner Conner made a motion to table until next meeting, 2nd by Commissioner Pike. Motion carried 3-0.
President Williams asked if there was any other business to be brought before the Board, hearing none he asked for a motion to dismiss.
Commissioner Conner made a motion to recess, 2nd by Commissioner Pike. Motion carried 3-0.