MINUTES

WARRICK COUNTY DRAINAGE BOARD

REGULAR SESSION

MAY 14, 2003

3:00 P.M.

 

 

 

MEMBERS PRESENT:†††††††††††††††††††††††††††††† Don Williams, President; Phil Baxter, Vice-

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† President; Carl Conner, Secretary; Don Ashley,

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Attorney for Board and Karan Barnhill,

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Surveyor.

 

ALSO PRESENT:†††††††††††††††††††††††††††††††††††††††† William Tye, William R. Sanders, Bill Bivins,

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Jim Morley, Jr. and Ken Ubelhor.

 

 

President Williams brought the meeting to order.

 

APPROVAL OF MINUTES:

 

President Williams stated that the first order of business is the approval of April 9, 2003 and April 23, 2003 minutes, he asked the Board if they wanted to approve them separately or together?

 

Commissioner Conner answered that they be taken together and made a motion to approve the minutes of April 9, 2003 and April 23, 2003 as presented, 2nd by Commissioner Baxter.

Motion carried 3-0.

 

DRAINAGE APPROVAL:

 

RISING SUN SUBDIVISION:

 

President Williams stated this drainage plan has been requested to be continued.

 

Surveyor Barnhill answered that was correct.

 

Commissioner Conner made a motion that Rising Sun Subdivision be continued until the meeting of May 25, 2003, 2nd by Commissioner Baxter. Motion carried 3-0.

 

REPLAT LAKEVALE LOTS 3 & 4:

 

Surveyor Barnhill stated this is a replat of Lots 3 & 4 and also Lots 13 & 14. She stated that it is just a simple division of lots and there is no drainage required.

 

Bill Bivins, Engineer of the Subdivision stated that it is the Replat of Lot 3 in the Replat of Lots 3 & 4.

 

Commissioner Conner asked about lots 13 & 14?

 

Mr. Bivins answered that at this time they were only working on lots 3 & 4 and leaving 13 & 14 as they are.

 

Commissioner Conner made a motion to accept the Replat of lots 3 in the Replat of Lots 3 & 4 in Lakevale Estates as requested, 2nd by Commissioner Baxter. Motion carried 3-0.

 

SCALES SUBDIVISION:

 

Karan stated that this is a subdivision at the corner of Ebenezer Road and Scales Road, it has 13 lots and all the lots are 5 acres or larger. She added that the lots are draining offsite and it doesnít require any retention, it meets all requirements and she recommends approval.

 

President Williams asked if this subdivision drains into a lake?

 

Karan answered yes it does.

 

President Williams asked if there were any questions from the Board. He then asked if there was anyone in the audience to represent Scales Subdivision?

 

Karan stated that Fred Kuester is the Engineer and she is sure that he knew to be at this meeting.

 

Commissioner Conner stated that since there was not any representation in regards to this request he made a motion to table the request until the next meeting on May 25, 2003, 2nd by Commissioner Baxter. Motion carried 3-0.

 

PLEASANT VALLEY SUBDIVISION:

 

Karan stated this was a 53-lot subdivision that is located on Libbert Road and if the Board remembers they appeared before you to request a reclassification of Angel Ditch, which borders the subdivision on the East boundary. She added that their retention is located on the Northwest corner and also in the Northeast corners of the development, the Northwest basin will discharge into the ditch and the Northeast basin will discharge into an offsite drainage easement and drain into the roadside ditch on Libbert Road. She also stated that it meets all of the requirements and she recommends approval.

 

Commissioner Conner asked Karan to explain the impact of the decision that was made on the ditch that runs East of the proposed subdivision.

 

Karan answered that it was basically done in order for the owners to be able to better care for the ditch. She added that the developers will put in a concrete ribbon in the bottom of the ditch and slope the banks back when they do the development, this is done so there will be minimal maintenance on the ditch and also to reduce the 75-foot Right-of-Entry to 25-feet.

 

Commissioner Conner asked if prior to this decision this was a legal drain?

 

Karan answered that it is still a legal drain; it is just classified as an urban drain.

 

Commissioner Conner stated that if it is now an urban drain, do the landowners that buy into the development have to be responsible for the maintenance not the County?

 

Karan stated that the County would still be responsible for the maintenance, it will just require very little maintenance and it will be easier for the landowners to mow it, as it will just be a slight grade. She added that it takes a lot of responsibility off of the County as far as maintenance is concerned, but it is still our responsibility.

 

Commissioner Conner asked if the Owners donít mow it, would the County do so?

 

Karan answered yes, if the owners ask us to mow the ditch we will do that.

 

Mr. Ken Ubelhor approached the podium and explained that this same ditch extends into Bellwood and Westwood Subdivisions and the landowners maintain it very well, the County has not had to go out there since it was made into an Urban Drain and that was in 1985. He added that it is one of the best looking legal drains in the County.

 

Commissioner Conner stated he just wanted to understand what impact it had on the ditch and the people who live in that area.

 

Mr. Ubelhor also explained that the ditch will carry more water and it is more desirable because the ditch is easier to maintain. He also added that he thinks the County will do this more often with legal drains that are going to be in a subdivision.

 

Commissioner Conner also commented on the street plans and if there were any changes in the street plans what kind of impact would it have on the drainage plans?

 

Mr. Ubelhor stated the it would not have an impact, he doesnít think the drainage plans have anything to do with the street plans, that the water will still drain the same way.

 

Karan stated that there was discussion on extending the road across the legal drain.

 

Commissioner Conner stated that he and the other Commissioners received a letter from Karan with a recommendation that the Road not be extended across the ditch. He added that he didnít want Mr. Ubelhor to be caught off guard at the next meeting.

 

Jim Morley, Jr. stated that in the set of plans there is a detail of what the existing ditch looks like now and also what it will look like when the construction is finished. He added that it will be at a 4:1 slope and with the concrete ribbon in the bottom of the ditch will also help preserve the grade of the ditch also. Mr. Morley also talked about the desirability of an Urban drain instead of the legal drain with the 75-foot Right-of-Entry. He told the Board that the concrete ribbon is 16 inches wide and 8 inches deep.

 

Mr. William Tye who resides at 8755 Hanover Drive which is East of the new subdivision stated he was concerned with the drainage along the legal drain and also with the proposal to extend roadways. He added that he would oppose any bridge connecting the roads and also asking that on the East side of the drainage ditch where the bank is fairly steep there are also some fairly mature trees they would like to keep. He stated that all of the landowners there work very diligently with the upkeep of their property so there was some concern about their side of the ditch, but from what he has heard here today Mr. Ubelhor is going to be working from the West side of the ditch.

 

Mr. Tye stated he may come back to another meeting to discuss the water that runs down Hanover Drive and into the ditch from further up the hill.

 

Karan answered that when she worked with the Engineering Department they had looked at a problem at that location.

 

Mr. Tye stated that they had come out and put riprap at the end of the drainage pipe, which at that time solved the problem. He added that there is erosion in the back of his property where it enters into the drainage ditch and have tried to stop it by putting in some waste concrete but it is still washing around it.

 

Karan asked if it was at the road or in the legal drain?

 

He answered that it was not in the roadway ditch but behind the houses between the lots that are back to back between Windsor and Hanover.

 

Mr. Bill Sanders who resides at 8733 Windsor Drive, which is the last house adjoining the new development. He wants a clarification to the reassigning of Angel Ditch to an Urban Drain will that be the full length of the ditch or just the length of the subdivision.

 

Karan answered that it started at the boundary of Westwood Subdivision, which is where the actual legal drain starts and goes thru the boundary of Pleasant Valley Subdivision.

 

Mr. Sanders stated, so from there North it will still be an existing legal drain and the County can come in and utilize machinery to clean the ditch.

 

Karan answered yes, that will be possible.

 

President Williams asked for any other questions from the public or the Board?

 

Commissioner Baxter made a motion to approve the drainage plans for Pleasant Valley Subdivision, 2nd by President Williams. Motion carries 3-0.

 

REQUEST FOR MEETING CHANGE:

 

Karan stated that due to the new storm water requirements she feels that it is necessary for her office staff and herself get more educated in testing storm water, as they will have to be doing it in the next five years during the whole Phase II of Rule 13. She added that River Watch is having training sessions two days in a row and she feels that her whole staff needs to be trained and be knowledgeable about the requirements. She also stated that they would receive a certificate after completing the course.

 

Karan stated that herself, Rod Madden, the Deputy Surveyor along with Ryan and Stephanie, will all be in training June 11th and 12th and it will be an all day training course. She added that since she wouldnít be here to conduct any business, she would like to change first meeting of the month. She explained that this is always when subdivisions and drainage approvals are set for hearings so the Commissioners and the Planning Commission can give their approvals also. She requested to have the meeting the Tuesday before so that drainage plans can be approved and the Commissioners can act on street construction plans and the Planning Commission on subdivision plats.

 

President Williams asked that the meeting doesnít necessarily have to be at 3:00 P.M.

 

Karan answered no, she just needs a date so the Planning Commission can advertise it.

 

Commissioner Conner stated that based upon what Karan has said, we will have to have it before the Wednesday meeting to be consistent with Area Plan unless we are not concerned about having those issues addressed before the Area Plan Meeting. He also stated maybe it would be a matter of not having a meeting for the Drainage Board that week, just canceling that meeting and go on to the regular schedule meeting.

 

President Williams asked if the meeting could be held on a Monday?

 

Commissioner Conner answered that might work better for him than a Tuesday and that 4:00 P.M. would work better for him than 3:00.

 

President Williams asked the rest of the Board if that would work and stated that would be Monday, June the 9th and there is a solid waste meeting at 4:00, he then asked if there would be enough time for the Drainage Board Meeting?

 

Commissioner Conner asked Karan if she had any idea what would be on the agenda for that meeting?

 

President Williams asked about maybe doing it the first Wednesday of the month instead of the second?

 

Commissioner Conner asked if anyone knew what date that would fall on?

 

President Williams stated it would be June 4th. They discussed the time and settled on 4:00 P.M.

 

President Williams asked Commissioner Baxter, Attorney Ashley and Surveyor Barnhill if that date and time is agreed on?

 

It was answered yes.

 

Commissioner Conner made a motion to change the meeting from June 11th 2003 at 3:00 P.M. to June 4th at 4:00 P.M, 2nd by Commissioner Baxter. Motion carried 3-0.

 

CLAIMS:

 

President Williams asked if there were any questions and stated that he had one on Item 2 which was described as a power saw and it is actually a chain saw to cut down trees and branches. He also had a question if McCool Ditch was actually completed, he stated that what was contracted out has been completed, the only thing outstanding is the additional that the Board agreed on at the last meeting. He stated he would recommend approval but it was up to the other Board members.

 

There were no other questions.

 

Commissioner Baxter made a motion to pay the claims in the amount of $29, 339.10, 2nd by Commissioner Conner. Motion carried 3-0.

 

There being no other business Commissioner Conner made a motion to recess, 2nd by Commissioner Baxter. Motion carried 3-0.