MINUTES

WARRICK COUNTY DRAINAGE BOARD

REGULAR SESSION

APRIL 14, 2004

3:00 P.M.

 

 

 

 

MEMBERS PRESENT:                                   PHILLIP H. BAXTER, PRESIDENT;

                                                                        CARL JAY CONNER, VICE-PRESIDENT

                                                                        DON WILLIAMS, SECRETARY

                                                                        DON ASHLEY, ATTORNEY FOR BOARD

                                                                        KARAN BARNHILL, SURVEYOR

                                                                        ROD MADDEN, DEPUTY SURVEYOR

 

 

ALSO PRESENT:                                           ROGER. W. WEIR, MARGARET HALE,

                                                                        GREGORY WASSON, RITA ROTH

                                                                        JAMES H. BIGGERSTAFF, RAYMOND OETH,

                                                                        LONNIE KAISER, BILL BIVINS,

                                                                        TOM MERRILL, RON GATES

                                                                        DIANNE GATES, JEFF O’RISKY

                                                                        JOYCE CUNDIFF, DON ADLER

                                                                        TOM BARNETT, LEON CORESSELL

                                                                        BERNARD GELLHAUSEN

                                                                        CRAIG & JANET TITZER, MIKE SMITH

                                                                        JOE HOWARD, SR. & JOE HOWARD, JR.

                                                                        RITA McCONNELL

 

 

President Baxter brought the meeting to order. The first order of business being the approval of minutes from the previous meeting.

 

APPROVAL OF MINUTES:

 

Commissioner Williams made a motion to approve the minutes from March 24, 2004, 2nd by Commissioner Conner. Motion carried 3-0.

 

WILLOW POND DITCH-QUOTE OPENING:

 

Karan stated there were four (4) quotes to be opened and they were passed to Attorney for the Board, Don Ashley to open. He opened the quotes for the Willow Pond project as follows:

 

  1. DG Construction                      $37,250.00
  2. Warrick Excavating, Inc.           $38,000.00
  3. D-Lite Excavating, Inc. $41,443.94
  4. Ryan’s Excavating, LLC.          $56,603.00

 

President Baxter asked for any discussion or questions from the Board?

 

Commissioner Conner made a motion to award the Willow Pond Ditch project to DG Construction in the amount of $37,250.00, 2nd by Commissioner Williams. Motion carried 3-0.

 

HAAS DITCH-QUOTE OPENING:

 

The quote was passed to Don Ashley who stated that it was sent by D-Lite Excavating, Inc., for the project of Haas Ditch and the amount is $6,200.00.

 

Karan stated that only one quote came in for Haas Ditch.

 

Commissioner Conner asked if the County had ever had any work done by D-Lite?

 

Karan answered that they had been in business for a long time, but had never done any work for the County that she is aware of. She added that she has never heard anything bad said about their work.

 

Commissioner Conner asked how long they had been in business?

 

Karan and Rod both answered that they did not know the answer to that.

 

President Baxter stated they had probably been in business for about 20 years and that they do a lot of work in Spencer County, he added that he would vouch for them.

 

Commissioner Conner made a motion to award the contract on Haas Ditch to D-Lite Excavating, Inc., in the amount of $6,200.00, 2nd by President Baxter. Motion carried 2-1 Don Williams voted nay.

 

WILLOW POND DITCH:

 

Karan explained that on Willow Pond Ditch there is a tree that needs to be trimmed on Burdette Lane, her office contacted several Tree trimming services but could only get 1 company to respond. She added that the company that responded is S & S Tree Service and they have submitted a proposal for the two areas that need trimmed, one is by Burdette Lane and the other by Parkdale Animal Hospital. She stated the quotes are $900.00 for the Burdette Lane area and $695.00 at Parkdale Animal Hospital.

 

Commissioner Williams asked how many inquiries were sent out?

 

Rod answered he contacted 4 companies. He stated that he contacted some of them twice.

 

It was asked if there were any pictures?

Karan answered there was a flyer for S & S Tree Service with his quotes and also their Certificate of Insurance.

 

Karan explained that these trees are very large and when the grinding was done along there  it was in an area where the grinder could not reach, so we decided this was more economical and it would also keep the large branches from falling and causing damages.

 

President Baxter asked if this company had not done work for us in the recent past?

 

Karan answered that they had done the work on Tanglewood Ditch where they removed about 10-12 trees.

 

Commissioner Conner stated that he was there about 2 weeks ago and he thinks they did an excellent job, but he would have like to see the stumps taken out but he knows that is impractical.

 

Commissioner Williams made a motion to award both project to S & S Tree Service for a total of $1,595.00, 2nd by Commissioner Conner. Motion carried 3-0.

 

LITTLE PIGEON CREEK:

 

Karan stated that she sent memo’s to everyone concerned in Warrick and Spencer Counties. She added there was a very large log jam in Little Pigeon that was considered an emergency as it was blocking and holding back over a mile of water. She explained that the water in some places was 4 to 5 feet deeper than normal.

 

Karan had her assistant show pictures of the creek on a slide projector so that everyone could see the log jam. She explained it as the pictures were shown as there were before and after pictures, the water level dropped about 4 feet and opened field tiles for some farmers that had been under water for quite some time.

 

Karan stated that Spencer County will pay for half of the removal, the total was $1,800.00 to remove the jams. She had Warrick Excavating go back out and move the logs back off of the 75-foot right of way, but they do not remove anything from the site as it is a wild life area. She added that they may have more jams along the way and her crew is taking the 4-wheeler out to travel Little Pigeon Creek in their spare time to find log jams, locating them on GPS and putting them on Think Map to figure out the best way to get to the job site.

 

HYDRO-MAX & PARKDALE ANIMAL HOSPITAL-HOLD HARMLESS:

& WILLOW POND DITCH:

 

Karan stated that Hydro-Max contacted her as they want to put a pipe under Willow Pond Ditch and the pipe would be approximately 5-feet under the flow line of the ditch. She added that she believes it is a gas line, but the Hold Harmless does not state what kind of pipe it is, but they have entered into our standard Hold Harmless and she passed it to Don Ashley, Attorney for the Board to examine.

Karan recommends approval as it is well under the flow-line of the ditch.

 

Commissioner Conner asked if both of the requests are on standard forms, as he noticed that she also has one for Deaconess?

 

Karan answered yes, it is our standard Hold Harmless Agreement, but she wants to discuss them separate as it is a different situation. She added that they also have a representative if the Board has any questions.

 

Jeff O’risky, General Manager of Hydro-Max stated he is representing his firm in this situation.

 

President Baxter asked what the pipe is intended for?

 

Mr. O’risky answered that it is a sewage ejection, basically from the lift station over to the main station. He added that it was on a separate system and has been pretty much in disrepair for some time.

 

Mr. Ashley stated that the Hold Harmless is satisfactory.

 

Commissioner Williams made a motion to approve the Hold Harmless from Hydro-Max and Parkdale Animal Hospital to run the utility 5-feet under the flow line of Willow Pond Ditch, 2nd by Commissioner Conner. Motion carries 3-0.

 

DEACONESS HOSPITAL-HOLD HARMLESS:

 

Karan stated that Deaconess Hospital is a bit more complicated and she will have to have Don Ashley review this Hold Harmless as Vectren has changed the wording. She also added that Deaconess has a drainage plan that is on the agenda for approval for the new hospital that is going in.

 

Karan explained that while they are constructing the hospital they are going to put a new gas line in and in doing so there is an existing Highway Easement Grant for the relocation, cleaning and repairing of the legal ditch. She stated that when she plotted this out it actually follows where the ditch is and the best she can understand from INDOT, it is an agreement that was done between the INDOT and Warrick County at the time that I-164 was constructed. She added that whenever they built the overpass and clovers, etc they had to relocate the legal drain which is Howard Ditch and in doing so she assumes (as she was not in office at that time) that they took the authority that they just couldn’t relocate the ditch and assume the new Right-of-Entry would be legal so in relocating it they drew up this document. She stated that the document describes where the ditch is and it is a lot wider, but the problem is that it names and grants to the State of Indiana and Warrick County this authority to maintain and keep this easement there, it’s not just like a regular Right-of-Entry, it is a grant of an easement.

 

Karan stated that in talking to INDOT, they do not need the easement anymore, as it was there for them to construct the highway, now Deaconess wants to put a gas line within that area, but not within the R-O-E so she contacted INDOT and Don Ashley to see the best way to handle this matter. She added that INDOT talked about quit-claiming the property back to Warrick County to get their interest taken out of it, but we did not agree that was the best way to handle the problem. She explained that INDOT came up with a document with a release of their interest to Warrick County, but we still need a Hold Harmless from Vectren, which we have that they have re-worded. She further explained that we are dealing with 3 different issues, the drainage plan, the release of the Right-of-Entry easement from INDOT and the Hold Harmless from Vectren to allow them to encroach within that easement, she is asking Mr. Ashley if the release is ok?

 

Mr. Ashley answered that the release is acceptable.

 

Karan also stated that INDOT is ok with the release but their problem is with some of the wording, the $10.00 is the problem as INDOT cannot authorize an agreement of a payment of a dollar amount without an appraisal, so now they have to get their attorney to look at the document. She added there is also some questions about Alan Stahl as he was the original grantor at the time it was done. She needs Mr. Ashley’s opinion on these matters and she would like to continue the Hold Harmless to give Vectren time to sign it and give the attorneys a chance to look at the release.

 

Commissioner Williams made a motion to table the Hold Harmless Agreement with Deaconess until said attorneys have an opportunity to examine the issues involved.

 

Commissioner Conner stated he wanted to ask a question and added that this may have nothing to do with this issue, but sometime ago the Commissioners did a Quit Claim on real estate along that area for INDOT deeding that property over to Warrick County and in turn Warrick County deeded it to Deaconess, his question is, is this the same property?

 

Commissioner Williams and Karan answered that it was on the roadway and this real estate is over by I-164 up next to the ditch on the other end of the property.

 

Don Adler, Engineer for 3-I Engineering came to the podium and introduced himself as representative and explained that the easement that Mrs. Barnhill is referring to is West of the existing Gateway Center, adjacent to the cloverleaf next to the hospital on S.R. 66. He added that the property that Commissioner Conner is referring to is a newly acquired portion that is undeveloped at this time and it is to the East of the new Gateway Center and the North edge where the road comes in and accesses our site.

 

Commissioner Conner stated that he thought it was the real estate that was where the present road Right-of-Way was and was presently being used and they wanted to close that off, that was the reason he was asking because if it was he would assume that if it was the same piece of real estate then he would think that this question is null and void.

 

Mr. Adler stated that they are separate parcels.

Commissioner Conner 2nd the motion made by Commissioner Williams to table. Motion carried 3-0.

 

DRAINAGE APPROVALS:

 

SANDALS SUBDIVISION:

 

Karan stated that this development has had prior drainage approval, they are coming back for an amendment. She added that they have redesigned and re-configured some of the drainage structures and have also changed the size of the basin, it is larger than originally approved, it will be deeper and not as long. She further stated that it does meet all requirements, but she needs from Mr. Bivins an actual basin detail which he can bring her tomorrow showing the top and bottom of berm elevation, they are on the plan she just wants a detail attached. She recommends approval.

 

Commissioner Williams asked if these were all draining into the legal drain?

 

Karan answered yes, after it goes to the basin it goes to the drain, but there is one small area that will go straight into the ditch, but they are catching some off-site drainage. She also asked Mr. Bivins about the rip-rap that was at the ditch and the mound that was constructed?

 

Mr. Bivins answered that he had talked to Kenny Elliott and he was supposed to go look at it and is aware of it, he is just out of town today.

 

Karan asked if Kenny Elliott was going to take it out?

 

Mr. Bivins answered yes and also stated that they have cleaned out the banks of Tanglewood Ditch as was agreed in the original plan.

 

Karan stated the erosion control matting was put down last week, grass is coming up and it looks good.

 

Commissioner Conner made a motion to approve the revised drainage plans for Sandals Subdivision as submitted, 2nd by Commissioner Williams. Motion carried 3-0.

 

ELBERFELD INDUSTRIAL PARK:

 

Karan stated that Elberfeld Industrial Park is a development on St. John and Seven Hills Roads outside of Elberfeld which is owned by Elberfeld. She added that it consists of larger lots except some smaller lots by Seven Hills Road and when she met with the engineer, she asked him to do a study to basically tell her whether retention was necessary weighing constructed areas versus un-constructed areas. She further added that she was not concerned with the larger lots it was the smaller ones where she didn’t want to put the burden on the property owners when they purchased the lots as she feels the developers should construct the basins where they need to be.

 

Karan stated a drainage plan has been re-submitted that shows retention actually located within the ditch, but it is not a regulated drain and she assumes that it will work but she has never seen retention in a ditch before.

 

Mr. Easley had a picture that he showed to Karan and explained it to her, that there were gabions and they hold back the same amount of water as if you had a pond, it doesn’t take away from the tax base and it doesn’t grow cattails nor does it provide water to entice mosquitoes to breed.

 

Karan asked how they were retaining the water?

 

Mr. Easley answered that what they are retaining, if it came from upstream the other water runoff replaces it but they are retaining water.

 

There was other discussion by showing how the drainage would work on the plans.

 

Karan stated that this was not a regulated drain, so she guess she doesn’t have a problem with it, she has just never seen this done before.

 

Commissioner Williams asked who owned the property on the other side of the ditch?

 

Mr. Easley said it belongs to the Town of Elberfeld, they own 40 acres.

 

Commissioner Williams asked that if this is dammed up, how is it going to affect upstream?

 

Mr. Easley stated that it isn’t going to cause that much ponding.

 

Karan asked how big the ditch was now from top of bank, how wide?

 

Mr. Easley answered that it was approximately 15-feet, that it wasn’t very big. He added that it is a tributary to Blue Grass Creek. Mr. Easley also stated that he has proposed this type of drainage in various conversations and it is very workable with good hydraulic administrative work, it is very functional.

 

Karan stated that she has reservations about this type of drainage.

 

Commissioner Conner stated that if it doesn’t work they will be responsible to correct it anyway.

 

Mr. Easley stated that it will hold back the volume of water that the Board would like to have retained.

 

President Baxter asked if this ditch went across the Oeth property?

 

It was answered that this ditch does cross the Oeth property.

 

Mr. Raymond Oeth came to the podium and stated they do not need a retention pond, but they need to clean the ditch out. He stated that the ditch drains the whole East side of Elberfeld and no retention pond is going to hold that water back, as he has seen water over St. John’s Road and so deep on his property that you could swim across it. He added that the ditch is cleaned down to the Elberfeld property, but from there on there are trees as big around as his waist all the way down the ditch. Mr. Oeth stated that trees and such are so thick that a snake couldn’t make it through there, so you can’t expect water to flow, all it does is fill up and water starts spreading out and floods about 80 acres of his ground. He also stated that at one time the ditch was cleaned, but the Town of Elberfeld has done nothing to maintain the ditch.

 

Commissioner Conner stated then the ditch is the responsibility of the Town of Elberfeld, and that is why he asked Karan if it was a legal drain, so the County has no responsibility to maintain the ditch.

 

President Baxter asked how much of the ditch are you speaking about needing to be cleaned?

 

Mr. Oeth stated probably a quarter mile or so.

 

Karan asked Mr. Ashley that as a Board as part of the approval of the drainage plan require the Town of Elberfeld to improve the ditch with this development since they are the owners?

 

Mr. Ashley answered that since they are the petitioners and owners of the property the Drainage Board can require them to improve the ditch.

 

Commissioner Williams asked Mr. Oeth if he had any concerns about what Elberfeld is proposing to put gabions in the South end of the property, which would slow the water flow or block the water flow until it would get to a specific height? He asked Mr. Oeth to approach and look at the proposed drainage plans, he then explained that gabions is a rock dam across a portion of the ditch.

 

Mr. Oeth answered that he did not want them to block the ditch up for nothing.

 

President Williams asked Mr. Oeth if he has concerns that the gabions would flood his property?

 

Mr. Oeth located on the drainage plan where it starts flooding his property and stated that if they dam it what’s the difference of leaving the ditch full of brush and trees. He added that water gets high enough that it floods St. Johns Road.

 

Commissioner Conner asked if Mr. Oeth was also concerned about the ditch above where they are proposing to put this development in?

 

Mr. Oeth said it is the entire ditch.

 

Commissioner Conner asked Mr. Oeth if he had a problem with the ditch being cleaned so the water can flow freely through there and be controlled at the exit he showed on the map?

 

Mr. Oeth stated that you cannot control the water, when it gets 10-feet deep that water cannot be controlled and if it gets that deep it is going to spread.

 

Commissioner Conner stated that he is going on the assumption based upon Mr. Oeth’s comment, that there is a flooding problem presently as the ditch is not cleaned out. He further stated that if the ditch were to be cleaned out and put a control in, would it still flood?

 

Mr. Oeth stated that it would still flood with a big rain.

 

Karan stated that it would not drain because its going to be blocked up, because they are going to put a control structure in there. She asked Mr. Oeth that since he knows the area, are there any problems with flooding downstream right now?

 

Mr. Oeth answered not as much, but the problem will be when you open it up it will go over Seven Hills Road. He added that it is a bad situation as it goes along Seven Hills Road and then it comes back under the railroad track.

 

Commissioner Williams stated that Mr. Farney may not have a problem with it as it will slow the water up before it gets to him.

 

Mr. Oeth stated that little dam is not going to slow up nothing, in a big rain it will go over Seven Hills Road.

 

President Baxter asked if it floods there now?

 

Mr. Oeth answered yes, but the ditch won’t take it now as it is grown up, but asked if the Board thinks that a ditch farther up that is 25-feet wide at the top and 10 to 12-feet deep is going to drain through all these crooks and curves with all these trees and trash and whatever has been growing or thrown in for 25 years.

 

Commissioner Conner stated that is why he asked the question that if the Drainage Board stipulate that Elberfeld clean out the ditch, it looks like to him that his flooding problem is going to be resolved, if Mr. Oeth is saying that the flooding is a result of the fact that the ditch cannot drain properly. He added so if they clean out the ditch and control it in one area, then he would assume that the water is no longer going to flood as it will flow freely.

 

Mr. Oeth stated that if you stop it in one area it will just flood another area.

 

Commissioner Conner stated that they are not talking about damming it up, just controlling the flow of the water and he thinks that the answer to the entire problem is to get the ditch cleaned out.

 

Mr. Oeth agreed that the first thing that needs to be done is to get the ditch cleaned out and then see how it flows before they start damming it up.

 

Mr. Easley stated that he agrees with Mr. Oeth that in many cases of citizens and property owners would be better off if the Drainage Board encouraged channel improvements and not retention. He added that Mr. Oeth stated that the amount of water coming off of the 40 acres isn’t all that great and he is not even in favor of retention, but the 3-foot high gabion is only effective if the water is about 3-foot deep. He further stated it will hold back and release the required amount when the water gets 7-foot deep and starts getting out of its banks the gabion is not going to make any difference and if the Board has the power to request that the Town of Elberfeld clean this ditch it will help.

 

Commissioner Conner stated that he would like to see this in the form of a motion to table this issue until the first meeting of next month to give him an opportunity to go out and take another look before he make a decision in regards to how he would vote. He made a motion to table this issue until May 12, 2004, 2nd by Commissioner Williams. Motion carried 3-0.

 

Mr. Oeth wants the commissioners to let him know when they are coming as he would like to meet with them and gave Commissioner Williams his phone number.

 

Commissioner Williams stated that if this ditch is indeed this deep and wide shouldn’t the Board consider making this a legal drain to make sure of drainage in that area?

 

Karan stated this is a possibility and to ask Don Ashley, Attorney what the procedure is?

 

Mr. Ashley stated that it is a matter of submitting a petition and meeting the statutory requirements.

 

There was other discussion about all persons involved being invited to meet with County Representatives when they visited the site.

 

I-164 COMMERCIAL PARK:

 

Karan stated this development is where Off the Wall Sports Complex was constructed and was originally approved as having several building sites on it and after having many visits to the pre-sub meetings the plan mimics the original approval except that there are 2 additional lots along with Off the Wall. She added that they have designed a retention basin that was originally approved several years ago and have also included an additional retention area that is located on the West Cul-de-sac. She explained that she made sure because they are located within the Right-of-Entry that they have given details on how that is going to be handled next to the top of bank and she is satisfied with their design as they are leaving plenty of area in case of having to have machinery go in and clean. She recommends approval.

 

President Baxter asked if there were any questions from the Board or remonstrators from the public? There being none he asked for a motion.

Commissioner Williams made a motion that the drainage plan for the I-164 Commercial Park be approved, 2nd by Commissioner Conner. Motion carried 3-0.

 

RISING SUN SUBDIVISION:

 

Karan stated this is a residential development that is proposed adjacent to Crescent Heights Subdivision and off of North Plank Road. She added that it is a residential subdivision consisting of 19 lots in which they have designed a dry retention basin that is located on the Northwest corner of the development and is designed to the 50/5 requirements. She explained that the only two questions she has is that one of their pipes needs to be upsized or the slope increased as it is running too full. She added that it looked as though they did change it but it is still running too full. She also asked if there are drainage structures going through an existing Vectren Easement and she has asked for a release from Mr. Biggerstaff to say it is ok for the structures to go through there.

 

Mr. Biggerstaff stated that it is a Road, water, sanitary sewer and drainage with the pipes crossing the easement.

 

Karan stated that she hasn’t received any and that he stated that he had applied for it.

 

Mr. Biggerstaff stated that they sent him the documents and they were signed and sent back, but it has been approved by Vectren and it took them about 6 months to get it through their departments and he would bring it for Karan to see.

 

Karan stated that basically it does meet all of the requirements other than that and if the Board chooses to approve it, it would have to be subject to them providing that document before the secondary plat is approved.

 

Commissioner Conner made a motion to accept the drainage plan for Rising Sun Subdivision with the contingency that we have an approval letter from Vectren on the easement.

 

Commissioner Williams asked if it was Vectren or SIGECO?

 

Mr. Biggerstaff answered that it was Vectren.

 

Commissioner Williams 2nd the motion made by Commissioner Conner on Rising Sun Subdivision. Motion carried 3-0.

 

DEACONESS HOSPITAL:

 

Karan stated this is the Deaconess Complex and showing on the drainage plan she pointed out the existing area and stated they already have an existing retention basin and she pointed out where the proposed basin would be. She further stated they are increasing the capacity of the existing basin by raising the berm so it will have additional storage and they are proposing to add additional property later possibly from the Ohio Township Fire Station and Crossroads Church. She added they are taking this into consideration so they would not have to come back and they both meet requirements and she recommends approval.

 

Commissioner Williams made a motion the drainage plan be approved, 2nd by Commissioner Conner. Motion carried 3-0.

 

WILLOW CREEK:

 

Karan stated that Willow Creek is a development located on Pigeon Valley Road, the lots are all 2 ½ acres or larger and have no drainage structures, they are asking that no drainage plans be required as there is no retention required for larger lots.

 

President Baxter asked if there were any remonstrators, since there appeared to be several he stated they had 2 minutes each.

 

Joyce Cundiff who dwells on Pigeon Valley Road approached the podium and stated that she did have some concerns as they have a lot of flooding already on Pigeon Valley Road and New Hope Road. She stated that the ditches on the side of the road that the subdivision is going to be built on are pretty much non-existent.

 

Karan asked if this was the road side ditches that she is talking about being non-existent?

 

Mrs. Cundiff answered yes and that there is flooding on both sides and there have been times when they could not get out of their house going in either direction because of flooding. She stated that it is a little better since they have widened some of the ditches, but since they cleaned them out they dug too deep and the ditch is deeper than the culvert so the water just sits there.

 

President Baxter told Mrs. Cundiff that he is aware of the situation.

 

Mrs. Cundiff also stated that it is her understanding that they are putting in septic tanks as opposed to doing sewer pipes, she asked if the lots were not supposed to be at least 3 acres to put in septic tanks.

 

It was answered that the requirement was 2 ½ acres.

 

Mr. Joseph Howard who resides at 188 E. New Hope Road just across from the subdivision stated that he thinks that about ½ of the lots are in the flood plain and was wondering that if they start developing that area and whoever buys those particular lots, it they try and build them up it would push flood water all over, even more than the Hendersons who are down the road and are almost at flood range and it wouldn’t take much to put water inside their house. He added that his concerns are that if they develop that area that they will try to build up the lots to sell them.

 

Karan asked Mr. Bivins if he sent the plans to DNR for review for areas that are in the flood plain?

Mr. Bivins answered that they have the survey based on elevation, he then showed the Board where the flood plain was on the drainage plan and what you see is what is scale off the Federal map, the true flood zone is up higher.

 

Karan asked Mr. Bivins if he was sending this to DNR to have it removed on the map?

 

Mr. Bivins answered he was sending it to FEMA, based upon elevation.

 

Mr. Howard stated that some of the lots in front of his house run North and South, so all of the septic tanks would be in the flood plain.

 

Mr. Bivins stated that they are being removed from the flood plain based on elevation and they are not allowed to put any sort of septic system in a flood zone.

 

Karan stated that what Mr. Bivins is explaining is that there is a map that is adopted, the Planning Commission enforces that and on that map it shows the flood plain line, but there have been cases where the property is actually not in the flood plain and Mr. Bivins is saying that based upon elevation those properties lie outside of the flood plain so he is having the map corrected.

 

Mr. Howard stated that years ago his fathers property had a pond with a dirt berm that went all the way down to the end of his own property and when that pond was there when it rained it pushed more water over across the road and down the road onto the Henderson property. He added that his father filled in the pond, so that now the water is being pushed onto his property and the property on the other side of the creek to the Henderson House. He added that some of the lots that he has seen runs straight back and forth where he has them, the creek runs part of the way into some of those lots, so if 2 ½ acres are needed for septic tanks some of those lots are not going to be big enough. He stated that is why he was wondering how he was going to do it without adding dirt to put septic tanks on 2 of those lots and this is his feeling that later on down the road if these lots don’t sell because ½ of them are in the flood plain.

 

President Baxter made a motion to table until the next meeting on April 28, 2004 for everyone to have a chance to get out there, 2nd by Commissioner Williams. Motion carried  3-0.

 

WARREN COMMERCIAL PARK:

 

Karan stated this is a commercial development located on S.R. 261 at S.R. 66 where CVS is constructed, they are proposing to create an additional building site just to the North of CVS and create a detention basin on that lot. She added that the detention basin is located in the Northwest corner of the development. She explained to Andy Easley that he needs to redo his calculations as the release rate is at 10 year instead of 5 year and he should have plenty of area to increase it if it needs it. She added that when Mr. Easley does his recalculations for the 5-year release rate it will be all right.

 

President Baxter asked if there were any questions from the Board or any remonstrators? There were none.

 

Commissioner Conner made a motion to approve Warren Commercial Park Drainage Plans with the revision in regards to the recalculation on the flow, 2nd by Commissioner Williams. Motion carried 3-0.

 

CLAIMS:

 

President Baxter stated the claims amount to $1,800.00 to Warrick Excavating for Removal of Log jams.

 

Commissioner Williams made a motion to pay claims, 2nd by Commissioner Conner. Motion carried 3-0.

 

Commissioner Williams made a motion to adjourn.

 

Commissioner Conner asked if the Truck purchase issue was going to be discussed?

 

Karan answered she would like to postpone it until the next meeting as the quotes for repair of the Ford Bronco did not come in as yet.

 

Commissioner Conner asked then it will be on the next agenda for April 28, 2004?

 

Karan answered yes.

 

Commissioner Conner 2nd by motion to adjourn. Motion carried 3-0.