MINUTES

WARRICK COUNTY DRAINAGE BOARD

REGULAR SESSION

JANUARY 12, 2005

3:00 P.M.

 

 

 

MEMBERS PRESENT:†††††††††††††††††††††††††††††††††††††††††††††† Carl Jay Conner, President

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Phillip H. Baxter, Vice-President

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Don Williams, Secretary

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† James E. Niemeyer, Surveyor

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Robert A. Wilson, Jr., Deputy Surveyor

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† David K. Zengler, Attorney for Board

 

 

ALSO PRESENT:†††††††††††††††††††††††††††††††††††††††††††††††††††††† Cheryl D. Embry, Recording Secretary

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Mr. & Mrs. Dennis Orth, Jeff Mulzer

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Mark Chamiss, Tony Vincent, Reginald

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Heck and Sandra Knight.

 

 

 

ELECTION OF OFFICERS:

 

President Baxter stated the first order of business is the Election of Officers and he nominated Carl Jay Conner as acting President of the Warrick County Drainage Board for the year 2005, 2nd by Commissioner Don Williams. Motion carried 3-0

 

Commissioner Conner nominated Commissioner Phillip H. Baxter as Vice-President, 2nd by Commissioner Don Williams. Motion carried 3-0

 

Commissioner Phillip H. Baxter nominated Don Williams Secretary for the year 2005 of the Warrick County Drainage Board, 2nd by Commissioner Carl Jay Conner. Motion carried 3-0.

 

Commissioner Don Williams made a motion to select David K. Zengler as the Warrick County Drainage Board Attorney for the year 2005, 2nd by Commissioner Carl Jay Conner. Motion carried 3-0.

 

President Conner stated that first on the agenda after the appointments of the newly elected Officers and the appointment of the Attorney of the Drainage Board is the resolution for 2005.

 

RESOLUTION 2005-1:

 

President Conner stated this concerns primarily the dates and times for the calendar year 2005 of Drainage Board Meetings. He asked if the other members of the Drainage Board had a chance to look at the dates and if so he would look for a motion and a second in regards to passing Resolution 2005-1.

 

Commissioner Williams stated that the only question he had was on the date of March 23rd when Road School will be in session and stated that one date may be in conflict and have to be changed and with that said he made a motion to approve Resolution 2005-1, 2nd by Commissioner Baxter. Motion carried 3-0.

 

CERTIFICATION OF ACTIVE DRAINS 2005:

 

President Conner stated the next item on the agenda is the Certification of Drains for 2005 and asked if the other members had had an opportunity to review? Are there any questions?

 

Commissioner Williams asked if there were any changes from last year?

 

Jim Niemeyer, Surveyor stated there was a change and that Bluegrass Creek was added.

 

President Conner asked if Bluegrass Creek is the one in Elberfeld that we just adopted as a legal drain?

 

It was answered yes.

 

Commissioner Williams made a motion to approve Certification of Active Drains 2005, 2nd by Commissioner Baxter. Motion carried 3-0.

 

APPROVAL OF MINUTES:

 

President Conner stated the next item is the approval of minutes from December 8, 2004, are there any comments or changes relative to December 8, 2004 minutes?

 

Commissioner Williams & Commissioner Baxter stated they had no questions or changes.

 

President Conner stated that hearing none he would ask for a motion that we approve the minutes from December 8, 2004 as presented, Motion was made by Commissioner Williams to approve the minutes, 2nd by Commissioner Baxter. Motion carried 3-0.

 

DRAINAGE PLAN APPROVAL:

 

THREE LAKES ESTATES PHASE II:

 

Robert A. Wilson, Jr., Deputy Surveyor explained that these were re-divisions of 3 Lakes Estates, they are dividing 2 lots into 4 lots.

 

Mark Chamness stated they were dividing 1 lot into 2 lots, it was explained that the lots are all 2 Ĺ acres or more

 

Commissioner Williams made a motion to approve Three Lakes Estates Phase II, 2nd by Commissioner Baxter. Motion carried 3-0.

 

TONY VINCENT-COMMERCIAL BUILDING:

 

Jim Niemeyer, Surveyor stated that all of the run-off is concentrated on-site and it meets or exceeds the criteria for 50 year storage for 5 year retention rate for Warrick County Drainage Board, he made a recommendation for approval.

 

Commissioner Williams asked if the gentleman was using a retention basin and asked him to please come and explain it to him. There was discussion about why the retention is not as big as it was for the other building and where exactly it was located. It was stated it is where Town & Country Pool Sales were.

 

Mr. Reginald Heck introduced himself with Heck Engineering and stated the other person is Tony ďthe tilerĒ Vincent, the owner.

 

Commissioner Baxter made a motion to approve the drainage plans for Tony Vincentís Commercial building, 2nd by Commissioner Williams. Motion carried 3-0.

 

HOLD HARMLESS:

 

TOWN OF NEWBURGH:

 

Jim Niemeyer, Surveyor stated that the Town of Newburgh is wanting to install some additional sewer pipes in our legal drains and they have the Hold Harmless already signed and notarized.

 

Commissioner Williams asked how deep they were going?

 

Robert Wilson, Deputy Surveyor stated that they actually vary in depth, but the shortest one is basically about 7-feet.

 

Commissioner Williams asked about the flow line of the ditches.

 

Robert answered that below the flow line of the ditch where the actual pipe crosses with their concrete casing it varies with 8-12 feet as it varies with the ditch slope.

 

Commissioner Williams asked if the Town of Newburghhad any problems with the Hold Harmless?

 

It was answered that everything was in order as they were already signed and notarized.

 

Commissioner Williams made a motion to approve the Hold Harmless, 2nd by Commissioner Baxter. Motion carried 3-0.

 

CLAIMS:

 

President Conner stated he had received a revised scheduled of claims and asked if the other two members had also received the revised copy?

 

It was answered they did.

 

President Conner stated the Board had claims in the amount of $12, 900.52 and asked if there were any questions?

 

Commissioner Williams made a motion to approve the claims as submitted, 2nd by Commissioner Baxter. Motion carried 3-0.

 

OTHER BUSINESS:

 

MS4:

 

Jim Niemeyer, Surveyor stated that he has met with Dave Hyes with regard to the MS4 and they are going to prepare an additional copy for the Board so that they can work as a team a little better and added that he should receive it next week. He also stated that He contacted Bernardin Lochmueller & Assoc. and they have not proceeded with the Drainage Code at this time. He explained that they have asked him to come down and discuss the scope of it and that there is another alternative if we want to receive another quote for the preparation of the Drainage Code.

 

Commissioner Williams asked concerning what, the current drainage code?

 

Mr. Niemeyer answered a new drainage code as we do not have one, it was brought up in October of last year where the original estimate was approximately $9,700.00. He stated that he would like to entertain another quote as it may integrate better with the MS4 program which will be coming shortly.

 

Commissioner Williams stated that he thought they had already selected BLA.

 

Mr. Niemeyer stated he was just asking the Boardís opinion of getting other quotes.

 

Commissioner Williams answered that he thinks there could be some legal problems since they have already selected BLA to do the work.

 

Mr. Niemeyer stated that he thinks that when he gets all of the data back he should prepare a contract so they can begin work on the drainage code.

 

President Conner said to be sure and have Dave (Zengler)

review it prior to bringing it to the Board so that we will know it has had legal review.

 

President Conner asked if there was anything else to be brought before the meeting and also asked the audience if there was anyone who would like to speak to the Board.

 

Mr. Dennis Orth came to the podium and introduced himself to the Board and he stated that he was revisiting an issue that the Board has looked at before. He stated the last meeting he attended was November 10th meeting and it was about a ditch that is not on his property, that has been filed in with trees by the landowner named Bill Schmitt, who was at the meeting and he assured Commissioner Williams that he would have the ditch cleaned out by this meeting and bring a progress report in front of the Board.

 

Mr. Orth stated that Mr. Schmitt is not here and he can assure the Board that Mr. Schmitt did make an effort to start the project on December 18, 2004, but it has not yet been cleaned out and he wants to know what the Board is going to do to get this project finished as he had filed a petition with the previous attorney and Drainage Board. He asked if he could possibly get the new surveyor to come out and take a look and give a progress report on the elevations and such.

 

Commissioner Williams stated that probably would be a good idea with all of the bad weather we have had in the last few weeks.

 

Mr. Orth explained that this happened in April 14, 2004 so Mr. Schmitt has had plenty of time to get the debris removed.

 

Commissioner Williams stated that he didnít agree to remove the debris on April !4, 2004 did he, that was in December of 2004.

 

Mr. Orth stated that was correct but it took until November 10th to get him to come before the Board and agree to clean it out. Mr. Orth stated that Mr. Schmitt gave the Board his word that he would do it and he has not.

 

President Conner asked what the deadline was that the Board had given him?

 

Mr. Orth stated that he would have it done by Thanksgiving and Mr. Williams gave him until January 1, 2005 to have it finished.

 

President Conner asked Jim Niemeyer, Surveyor if he would mind meeting with Mr. Orth and taking a look at the problem and giving the Board a brief report at the next Drainage Board Meeting.

 

Jim Niemeyer stated he would.

 

President Conner stated thathe assumes even though the Drainage Board has a new Attorney it has probably already been researched. He asked Mr. Zengler if the Board is within their legal right to take action against the individual to clean the ditch out if it is not done in a specific time frame?

 

Mr. Zengler answered that he would have to review it.

 

President Conner stated he would like to see this resolved at the next meeting on January 26, 2005.

 

Commissioner Williams explained to Mr. Zengler that this is not a legal drain it is natural drainage way that has been obstructed.

 

TANGLEWOOD DITCH-SANDALS SUBDIVISION:

 

Sandra Knight who resides at 7766 Sandalwood has concerns over the bridge being installed for the Sandals Subdivision as the developer stated he would try and get it in by the years end. She wants to report that nothing has been done and wanted to know if the Board had heard anything new on that subject?

 

President Conner stated that he had not heard anything, but that this probably needs to come before the Commissioners Meeting and asked Ms Knight to please stay and address the subject then as Roger Emmons the County Administrator has been involved in that from time to time and he may be able to give her some additional information.

 

President Conner asked if there was any other business to come before the Board, since there was none he asked for a motion to adjourn.

 

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

 

 

 

 

 

 

 

 

 

 

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