DECEMBER 10, 2003

3:00 P.M.





MEMBERS PRESENT:                       Don Williams, President; Phillip H. Baxter, Vice-

                                                            President; Carl Conner, Secretary; Karan Barnhill,

                                                            Surveyor; Don Ashley, Attorney for Board and Rod

                                                            Madden, Deputy Surveyor.










President Williams asked for approval of the minutes of November 12, 2003. Commissioner Conner made a motion to accept the minutes as presented, 2nd by Commissioner Baxter. Motion carried 3-0.







Karan stated that this is a development that is located on the South side of Pollack Avenue between Pollack and the Ohio River with Willow Pond Creek running through the middle of the subdivision. She added that it consists of 55 lots and is being developed in 2 sections but the drainage is being done together so there wouldn’t be two different drainage plans.


Karan explained that the concerns that they had originally, she stated she needed to back up to explain. She stated that she did not require retention in this development because everything drains directly into the Ohio River and Willow Pond Ditch and does not pass over any other land, so she did not feel that retention was necessary. She added that this section of Willow Pond Ditch has been improved and has quite a lot of fall, so she does not think there would be a risk of flooding for this subdivision. She explained that the developer and the developing engineer were required to send the plans to DNR which we have received the analysis from them that was very confusing so she and Sherri Phillips from APC has talked to them at length and feel comfortable that there is no flood way on this property. DNR has established a base flood elevation of 381 and a floodway elevation of 365.3 and looking at the plans you can see that all of the elevations are well above the 365.3. She stated they have decided that none of this development would be in a floodway based upon those elevations. Karan added that they meet all of the requirements and with DNR’s statement that all elevations below 365.3 would be considered a floodway for Willow Pond Ditch with the developing engineer stating on the plans that none of the elevations on the Willow Pond side would be below the 365.3, she recommends approval of the development.


Commissioner Conner stated that if what you say is true and there is no reason for him to deny that you are not telling us the truth based upon the information that she has received from the Department of Natural Resources and the Federal Government, why was it that this became a real obstacle in regards to us initially going ahead and approving these drainage plans because he knows they have been before the Board a couple of times. He added that the issue or obstacle was that the probability was very good that a portion of this was in the floodplain and now they are coming back and saying, if he understands what Karan is saying is that it is not in the flood plain.


Karan answered that she is not saying its not in the floodplain, she is saying there was no floodway established. She explained that you can build in a floodplain but you cannot build in a floodway. She added that they knew where the floodplain was but they did not know where the floodway was.


Commissioner Conner stated so it was because you did not know if a floodway existed?


Karan answered that’s correct.


Commissioner Conner stated so basically they are coming back and saying that a floodway does not exist.


Karan answered on Willow Pond Ditch, that’s correct.


President Williams asked if this property ever gets under water?


Karan answered that she has never seen it under water. She added that Willow Pond Ditch drains pretty good from that side especially since the Surveyors Office has made improvements they have made from Pollack South. She explained there were some beaver dams that were cleaned out and it drains really well now. She also stated that this property has been farmed for years and she has never seen the fields under water.


Commissioner Conner stated that he assumed they wouldn’t have any trouble with the street and cul-de-sac having to be moved as we potentially thought.


President Williams stated that he had some concerns about the flood plain.


Karan pointed out the flood plain on the plans and stated that before the lots can be built on they will have to be elevated 2 feet above the base floodplain elevation which has been determined by DNR to be 381 so everything will have to be built up to at least 383 or above. She also added that it will have to be elevated to the building site and 10-feet out each side of the building site and they will also have to do certified plot plans which will be filed with the Planning Commission.


President Williams asked if there were any other questions?


Commissioner Baxter made a motion to approve Huntington Creek Subdivision Section A & B, 2nd by Commissioner Conner. Motion carried 3-0.




Karan stated that it has been requested that Victoria Bluffs Subdivision be continued until the 1st meeting in January.


Commissioner Conner made a motion to table Victoria Bluffs Subdivision until the 1st meeting in January 2004, 2nd by Commissioner Baxter. Motion carried 3-0.




Karan stated this subdivision is a continuation of an existing subdivision and actually the Drainage Plans have already been approved, the reason they are back before the Board is because the primary plat is only good for a certain amount of time and they did not get the last section secondary platted in that time frame so they had to re-advertise and go through the primary plat procedure for the last section again because of the time lapse. She added they have made no changes to the drainage plans, everything is exactly the same as was originally approved, so this is just basically re-approving an existing approved development that has lapsed time.


President Williams asked when the original approval was on that development?


Someone answered that it was in 1996 or 97.


Karan stated that was approximately correct she wasn’t sure when the exact date was.


Commissioner Conner asked if there were any updates or changes to the present plat that was filed?


Karan stated that everything is exactly the same.


Commissioner Baxter made a motion to approve River Ridge Section IV, 2nd by Commissioner Conner. Motion carried 3-0.






Karan stated there is a scheduled meeting on December 24, 2003 and the Courthouse is not going to be open.


Commissioner Conner stated he would rather not have a meeting on Christmas Eve. There was discussion about having a meeting on the 23rd of December.


Commissioner Baxter stated he thinks there is a Commissioner’s Meeting on that date and that he would go check the calendar.


President Williams stated that while Commissioner Baxter was looking at that date he wants to discuss the March 10th 2004 Drainage Board Meeting as he believes everyone will be at Road School. He would like to see that changed to March 3, 2004.


Commissioner Conner agreed that would be acceptable.


Karan stated that she would bring the resolution to the first meeting in January to be accepted.


Commissioner Baxter stated that on the calendar it shows Drainage Board, Commissioners, APC and BZA.


President Williams asked when that was changed, that he doesn’t remember changing it.


President Williams asked Karan if she thought she would have any business?


Karan stated she did not know of any business as there are no bids going out and she doesn’t know of any subdivisions. She added that she would notify the Board if anything would come up.


Commissioner Conner made a motion to cancel the Drainage Board Meeting of December 24, 2003 and also the 23rd Meeting, 2nd by Commissioner Baxter. Motion carried 3-0.




Karan stated that back in the mid 80’s or early 90’s before Deaconess Gateway was developed along Howard Ditch there was an easement that was granted within the Right of Entry and it was between the Commissioners and INDOT when they were doing I-164. She doesn’t understand exactly what it means, it just says the standard wording about no buildings and encroachments within this easement.


Don Ashley asked if it was granted to the State?


Karan answered, no INDOT and Warrick County got it from the owners which was Stahl’s.


Mr. Ashley asked if it was for Right-of-Way purposes?


Karan answered yes and she guesses it was for drainage structures, but she is not sure of that either. She added that INDOT contacted her because the new Deaconess Hospital now in their changes to the basin and changes to the property along there wants to put a gas line in that easement and within the Right-of-Entry. She stated that INDOT is asking if you can put a gas line in an existing easement and if so what do you do, is it an easement over an easement or an encroachment into the easement, can we permit them to do that?


Mr. Ashley answered that it could be done.


Karan stated that she would get Mr. Ashley a copy of the letter and documents.


Mr. Ashley stated that the Drainage Board would have to be satisfied that it wouldn’t in any way interfere with the function of the ditch for drainage purposes.


Karan stated that is what she thought but she needed his advice to be sure that what they would do is to enter into a Hold Harmless and have them give us a plan so we would know where to mark it.


President Williams asked if there was any other business to come before the Board?


Commissioner Conner made a motion to adjourn, 2nd by Commissioner Baxter. Motion carried 3-0.