APRIL 28, 2004

3:00 P.M.



MEMBERS PRESENT:                                   PHILLIP H. BAXTER, PRESIDENT

                                                                        CARL JAY CONNER, VICE-PRESIDENT

                                                                        DON WILLIAMS, SECRETARY

                                                                        DON ASHLEY, ATTORNEY FOR BOARD

                                                                        ROD MADDEN, DEPUTY SURVEYOR



ALSO PRESENT:                                           Joyce Cundiff, Dianne Gates, Dennis

                                                                        McConnell, Rita McConnell, Carolyn

                                                                        Kaiser, Lonnie Kaiser, Bill Bivins &

                                                                        Tom Merrill




President Baxter brought the Warrick County Drainage Board meeting of April 28, 2004 to order.






President Baxter stated the April 14, 2004 minutes are to be continued.






Rod Madden explained that Willow Creek was brought before the Drainage Board at the last meeting and there were some concerned citizens about the drainage in that area. He added the Subdivision is located East of Pelzer, it is a Minor Subdivision with approximately 23 lots. Rod introduced Mr. Bill Bivins as the engineer of the development.


Mr. Bivins stated that he gave Rod a copy of the calculations of what would happen going from a cultivated field to drive-ways and you can see that it reduces the run-off by approximately a ¼ of what occurs now. He added that they met with the County Engineer last week about the road side ditches and he believes they may have cleaned some of them out.


Mr. Bivins explained that he also gave a copy showing the area that was in question to the Surveyor showing the area being removed from the flood zone based upon elevation, so there is very little of the subdivision that is left in the flood zone and that has already been filed with FEMA.


Lonnie Kaiser introduced himself to the Board as Owner and farmer, he stated that he had no problems with the road drainage, he asked when you build on this where is the additional water going to go. He further stated that it currently goes to the Northwest and everything West of Pigeon Valley which drains down across the McConnell’s property. He explained that according to his notes about 11 years ago there was another owner that tried to develop this area and the owner stated that he would have to put a ditch on the West side of his property and run it down through the McConnell’s property and also through another property. He stated the development was turned down at that time.  Mr. Kaiser asked why now that is not a requirement? He also added that if this is not draining to the road it has to go Northwest.


President Baxter stated that he thinks that it drains to the Northeast.


Mr. Kaiser asked then how come it goes across the McConnell’s property?


President Baxter explained that they cleaned what ditches they could, but those ditches are on private property and the ditches do not belong to the County.


Mr. Kaiser stated that he was talking about the ditches from Pigeon Valley Road? There was much discussion about the different ditches and where the water was going to go.


Someone in the audience stated that they have water standing in their yard now, so what is it going to be like when there are more houses, even though they will have grass, they will also have drive-ways and roofs that will not hold water.


The owner, Tom Merrill stated that he was only proposing to have 23 lots on approximately 70 acres, so the lots will be in excess of 2 acres each with the roof area being about 2000 square feet, some with outbuildings of approximately 800 square feet on something that is approximately 130 thousand square feet. He added that he realizes that there is run-off  from this field but what he is proposing should not change the drainage except for the fact that there will be more grass and should reduce the run-off.


He showed the Board some statistics from a university about water run-off and read parts of it.


Mr. Kaiser stated that as a farmer he does not question that, but if you build on flat ground, you either have to build it up or dig a ditch to get the water away from it.


Mr. Bivins stated that their basic concerns are the run-off and he shows all the figures on that and we will actually be reducing the run-off which will help the situation.


Commissioner Williams asked Rod Madden if the area in yellow they are currently looking at is the only area in the flood plain?

Rod answered that is the area that is being taken out of the flood plain because the elevations where it shows a flood plain were incorrect and Mr. Bivins has surveyed the property and determined that area is actually higher than is shown on the flood plain maps.


Mr. Bivins explained that he has filed a map amendment with FEMA to get this corrected.


Commissioner Conner asked if they usually granted this?


Mr. Bivins answered that he has submitted approximately 10,000 and only 1 has been turned down.


Mr. Dennis McConnell stated that one of his neighbors had dirt hauled in for his back yard just so he could walk out to his barn because when it rained the water had nowhere to go.


Rod asked if the ditch that Mr. Kaiser spoke of a possibility to use for drainage or is the elevation not such that it is not practical?


Mr. Bivins answered that based upon the elevation there is no reason to do any ditch work and he stated that he is sure that each house would probably be raised up a little for the foundation. He added that there is no intention to do any filling whatsoever. He further stated that if we were to add any dirt it is a completely different ballgame, they would have to go to the County Surveyor and get approval before it is released.


Rod asked Mr. Ashley if he was correct in stating that to change in the direction of flow is illegal?


Mr. Ashley stated that it can be done, but if it results in damage to the surrounding property owner then there is recourse in Court.


Mr. Bivins stated that they are not changing any drainage patterns, they will remain the same.


Rod stated that from the Surveyor Office standpoint he does not know of any refusal of a drainage plan that has had 2 ½ acres or more per lot. He added that he is not saying that the Board can’t, he is just stating that this has been the standard for quite some time.


President Baxter asked Rod if he knew the ditch they were talking about that goes through the Northwest?


Rod answered, he vaguely remembers it but, he doesn’t think that it is actually a ditch, but kind of a swale.


There was much discussion on which direction the water runs.


President Baxter made a motion to table this drainage until the next meeting on May 12, 2004, 2nd by Commissioner Conner. Motion carried 3-0.






Rod stated that DG Excavating is approximately halfway finished with the ditch. He added that there has been some concern on behalf of the speed of his work. He stated he spoke to the contractor about it this morning and he stated he would stay with it. Rod further stated that DG also has another project when this one is finished. He related to the Board that he would try and keep the contractors from getting overloaded so he can keep the projects progressing.




Rod explained that D-Lite Excavating was awarded that project and has started on it. He added that it looks as though they are doing a good job.




Rod stated that the Willow Pond Ditch was approved to do some tree trimming, but he hasn’t been in contact with them to see when they can start on that project.




Rod explained that there was an area where the crew cut down some trees last year which were adjacent to private property and looked as though they could fall and damage their homes. He added that he and his crew also sprayed the saplings and vines today so there will not be any re-growth in that area.




Rod explained to the Board that there was an addition to the claims from Aigner Hardware for a pump sprayer to use on the ditches and the statement was turned in right before meeting.


Commissioner Williams made a motion to approve the claims submitted to the Board for the amount of $2,519.00, 2nd by Commissioner Conner. Motion carried 3-0.


There was discussion from a lady in the audience about the street plans for Willow Creek Subdivision. It was explained to her that normally when the drainage plans are continued then the street plans are also, but she would be welcome to stay and give her input at the Commissioners Meeting.


President Baxter asked if there was anything else to come before the meeting?


Commissioner Conner asked if the vehicle purchase issue was going to be brought up as he did not see it on the agenda?


Rod answered that he did not put it on the agenda today as they had not had time to get the Bronco into the garage for bids. They have been very busy and have needed both trucks. He also feels that the Surveyor would present that matter better than he.


Commissioner Williams asked if they were still going to get together for their ride?


Rod answered that he apologized for not being able to accommodate Commissioner Williams but he has been very busy, he suggested that maybe Commissioner Williams could even drive it home some afternoon or just take it for a drive that he would try and make it available.


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