107 W. Locust Street

Boonville, Indiana

February 9, 2005

3:00 P.M.



The Warrick County Drainage Board met in regular session with Carl Jay Conner, President; Don Williams, Secretary; James E. Niemeyer, Surveyor and Robert A. Wilson, Deputy Surveyor.


Phillip H. Baxter, Vice-President-Absent


Cheryl D. Embry recorded the minutes.


President Carl Conner called the meeting to order.




January 26, 2005 @ 3:00 P.M.- Regular Session


Carl Conner:  First on the Agenda is the Approval of Minutes from January 26, 2005. Are there any questions or concerns?


Don Williams:  You weren’t there, Phil was, we might want to table these, you are not planning on voting on them are you?


Carl Conner:  No.


Don Williams:  It takes two to approve, so I would move that we table these until our next regular scheduled meeting.


Carl Conner:  We have a motion on the floor to table until the next regular scheduled meeting, Second , all in favor state by saying aye.


Don Williams: Aye


Carl Conner:  Aye, passes two to Zero.






Carl Conner:  The next item on the Agenda is Drainage Approval, Jim.




Jim Niemeyer:  The first one up is Julianne Estates and this is located on Coal Mine Road at the intersection of Georgia Lane and Coal Mine Road.


Carl Conner:  Please state your name and who you represent for the record.


Jim Morley, Jr:  Jim Morley, Jr., Project Engineer.


Alan Bosma:  Alan Bosma, Bosma Construction.


Carl Conner: Jim, would you like to go through the plans.


Jim Niemeyer:  Bob, you want to come up?


Robert Wilson: Basically this is adjacent to right next to Brooklyn Estates, its in a nut shell the next phase or the next piece to it. It is approximately 30 lots, Jim is that correct?

The drainage plans do appear to meet or exceed all of our minimal requirements, they are allowing some part of the on-site water to be discharged un-retained, but they are still releasing less than the pre-developed conditions and Mr. Bosma has indicated that he would work with us downstream and possibly creating some retention to slow down the water as it gets downstream to Tanglewood Subdivision and some of those other places that are having some on-going issues.


Carl Conner: Where would those retention ponds be located in regards to the Tanglewood Subdivision?


Alan Bosma: Well, we are above those.


Carl Conner:  Right, I understand where you are on Coal Mine Road and your moving towards Telephone Road, but where is that location, my understanding was that there was a possibility of some retention ponds being built that would help alleviate possibly the drainage problems over in Tanglewood, or did I misunderstand?


Alan Bosma: Well, the subdivision we used to own is Pleasant Ridge on Fuquay, okay and that’s where Rolling Hills and all those come to those ditches, okay, comes to the backside of our old subdivision. We’ve got a piece of land that is landlocked in there, okay, and my brother-in-law and nephew own the land to that, so we were just going to give it to them when the subdivision was done. So, we moved some dirt out of there before, a year or so back,  we dug a spot there on the end of that ditch before it comes into Tanglewood and slowed that water down quite a bit. When the other Engineer was in office, she went down there and thought, what is going on, so she went back there and seen what we had did and they liked it, but they never approached us anymore. So, we’re saying if they want to go back in there again and dig that bigger they are welcome to do that, do you see what I am saying. What that does that comes and it basically harbors water for a period of time so it doesn’t all flood Tanglewood, and there is a pretty good piece, they can get as big as they want.


Carl Conner: How big is that acreage there?


Alan Bosma:  Three acres, dad? How big is that piece behind us? A little less than three acres, but this is between you guys how you want to handle this, but with the retention pond with the subdivision being there, I don’t know how much the liability would be, but I know that the dry bed like we had discussed in the meeting before would be the ideal situation.


Carl Conner: So, we do have some options there, then and you are committed to those options then, right?


Alan Bosma: Right, we don’t have a problem and we can get in by property that is owned by relation so that we can get down to that property.


Carl Conner: Thank you, I didn’t really clearly understand, so I am glad you cleared that up.


Don Williams: But there is nothing coming South or West off that?


Alan Bosma: No, what was brought up by Jim in the Office is that water from Tanglewood is coming from this ditch that is going to come into us, see, they “Y” there together to go to the river. We are above them and our water that’s going out is little to none as we are harboring most of it and that is when this was brought up and we said maybe we can help you on the other end slowing Tanglewood down and that would help everybody out.


Jim Morley, Jr: Julianne Estates and Tanglewood sit on two different forks of the same creek, Tanglewood is on this fork and Julianne is over here on this fork and it was brought up at our meeting that if there was anything to do to assist Tanglewood. Julianne Estates itself decreases less water than what it does today after completion and stores somewhere between two to three times more water that what is required. But, what Al offered up was he had a piece of water upstream on the fork that Tanglewood was on and said if it was something that the County wanted to do to help out the people of Tanglewood that they would be willing to work with the County.


Carl Conner: Any questions from the Board?


Don Williams: I have no questions.


Carl Conner: Do you have any other comments, Jim?


Jim Niemeyer:  No, the storage capacities all seem to be appropriate.


Robert Wilson: There is a Hold Harmless, they are wanting to cross the Legal Drain there located adjacent to their property with a sanitary sewer line so we will need to address that as well.


Carl Conner: Do you have a Hold Harmless? They need to be given to the Attorney and he needs to legally review them before we sign off on them.


Jim Niemeyer: There should be three copies there.


Jim Morley, Jr: That is the Hold Harmless that we were provided with and Rob Coghill with Chandler Utilities is who is providing the sanitary, what it is, is the sanitary sewer is on the far side of the creek, the creek is a legal drain and is a 100% between that property as we have to cross it at some point so we had Rob execute a Hold Harmless Agreement which is your standard contract form.


Carl Conner: Dave, I assume you have reviewed those and didn’t have any problem with them?


David Zengler: I have no problems with them.


Carl Conner: What is the will of the Board?


Don Williams: I would move that we approve the drainage for Julianne Estates.


Carl Conner: We have a motion on the floor to approve the drainage plans as presented for Julianne Estates, do we have a second? Second. All in favor state by saying Aye


Don Williams: Aye


Carl Conner: Aye, passes two to zero. Thank you.




Carl Conner: The next item on the agenda is Springview Apartments.


Cyndi Gianneschi: Hi, I’m Cyndi Gianneschi and I am with Pedcor a developer phase II and here with me is Shaun Cofer to answer any engineering questions with Beam, Longest & Neff, they are the firm that did the engineering for our project, so I will turn it over to Shaun.


Shaun Cofer: We are detaining all of the runoff from our site and discharging North to the Springview Apartments Phase I that actually runs into a second detention pond on phase I and that detention pond then discharges into the legal drain North of the original site.


Carl Conner: This is located behind Schnucks, is that correct?


Shaun Cofer: Yes


Carl Conner: My understanding is that the plans call for sixty additional units?


Shaun Cofer: Yes


Carl Conner: Jim, are these the new proposed buildings?


Jim Niemeyer: Yes, this is the retention area. These are building 11 and what building numbers are those?


Cyndi Gianneschi:  Would you like me to approach?


Carl Conner: Yes, come on up.


Cyndi Gianneschi: Yes, these are our new buildings (looking at the drainage plans) and then phase I is over here, the buildings are a significant distance away.


Don Williams:  I assume this is a design on a 50:5 like we require.


Shaun Cofer:  Correct


Don Williams:   And then the drainage for this one actually goes to the other retention pond, did I hear you correctly on that?


Cyndi Gianneschi:  I have Phase I’s plat if you need to see it.


Don Williams: No, I don’t need to see it I just wanted to make sure that I heard you right.


(Mr. Cofer was explaining something to the rest of the Board but it was not decipherable.)


Don Williams: So, you have everything draining in that direction, then?


Robert Wilson:  So in effect they’ll be putting out no more water than they are now because the retention now is going into the existing retention.


Shaun Cofer:  We kept the existing drainage patterns especially because it all drains to that pipe already to the low point.


Carl Conner: So we are not looking at any increase in runoff.  Just curious, when is the time table to begin construction.


Cyndi Gianneschi:  When we get passed today and get final plat approval, get our other permits probably sometime at the latest, this summer.


Carl Conner: Okay, any questions from the Board in regards to the drainage plans for the expansion of Springview Apartments?


Don Williams:  I have none.


A lady from the audience asked to approach and President Conner answered that she could.


Carl Conner: Absolutely, you may come forward and give your name.


The lady stated that she could not hear what was being said.


Carl Conner: Would you just like to state…….


The lady kept talking without ever stating her name and asked if anything was going to be going into the big ditch?


Cyndi Giannschi:   Behind your subdivision, no.


Carl Conner:  No, and what they are saying is basically the way this is structured with the new addition there will be no additional runoff compared to the present runoff, so basically everything is going to be, I guess, retained or what the word is, there is actually no increase, whatsoever.


Cyndi Giannschi:  It will actually probably dry your back yards out. I have walked back there and it is kind of mushy back there.


Carl Conner: Is that all of the questions you have? Okay, what is the rule of the Board?


Don Williams:  Mr. President, I move that we approve the drainage plans for Springview Apartments.


Carl Conner: Have a motion on the floor to approve the drainage plans for Springview Apartments as presented, do I have a second? Second. All those in favor stated by saying aye. Aye


Don Williams: Aye


Carl Conner: Passes two to zero. Thank you very much.




Carl Conner: Next item for discussion purposes, Jim, you have down here Esche Ditch preparations for a regulated drain which is located over in the Newburgh area.




Jim Niemeyer:  Yes, they are wanting to resubmit because their first application did not pass and got a call from them early this year and they would like to proceed and so we have updated all of the documents and they are ready to mail out depending on what you say.



Don Williams: Do you have a drawing of where this is at?  I can look it up on my GIS. It is not something we are actually going to act on today.


Carl Conner: I guess I don’t know, unless you do, I don’t know of any reason why the Drainage Board cannot act upon this with a recommendation to the County Commissioners for approval, unless there is something…….


Don Williams: I want to see where that is.


Jim Niemeyer:  There are all of the signatures that are required.


Don Williams: This is a good sized ditch, I am surprised that it is not a legal drain.


Carl Conner: Well, I think that it has created a real problem over there, unless you have some reasons you want to table this, I was just thinking that probably need to, if we can go ahead and approve recommendation to the Commissioners.


Don Williams: This is where the school sits over here, isn’t it?


There was more discussion between Don and Carl that was not picked up by the recorder some of it regarding the size of the ditch and where it sits behind residential areas.


Don Williams: Now, how far is this to go? All the way…..We probably need to investigate to see if we can actually go that far.


Carl Conner: We’re over on the other side of State Road 66.


Jim Niemeyer:  Its long. It begins North of Sharon Road, which is east of the American Legion.


Carl Conner: Oh yeah, we’re down by the School.


Don Williams: This is down by the Sharon School.


Jim Niemeyer: But, I mean its so far as the ditch is concerned…


Carl Conner: Where it starts at, there it initiates.


Jim Niemeyer: Ok, we’ve got it all on here, it starts here (pointing at a map), here is S.R. 66, here is Sharon Road, right here and here is where the Phillips Station is.


Carl Conner: Right there on the corner?


Jim Niemeyer: Yeah



Carl Conner: I guess Don’s questions is, do we need to go across S.R. 66 and go North, but it looks like to me that we’re really going North uh……


Don Williams: But, what I am saying, we need to get down to this area, do we actually need…does this need to be made part of it or does it need to stop about right here, because as I recall this is almost like a marsh area which is a free drainage anyway.


Jim Niemeyer:  I think we could probably stop down here, but I left the other map downstairs, but our problem area is right up in here, I think.


Don Williams: I don’t have any problem personally of making this a legal drain, but I think we need to get a specific length, do we know the specific length? I don’t want to act on it until we do.


Jim Niemeyer: Well, why don’t we just table it until the next meeting.


Don Williams: Can you have it ready, the actual length of it, how far you want it to go with it?


Jim Niemeyer: Yes


Don Williams: Is that ok with you Mr. Conner?


Carl Conner: Yes, I thought that I had read…


Jim Niemeyer: That is what was originally submitted, right there.


Carl Conner: I thought that the measurements were in here.


Don Williams: I read that, I didn’t think I saw them, but they could be, lets see, Esche Ditch property 2003 linear feet North of Sharon Road running….voice faded out.


Robert Wilson:  Somewhere like 14,000 feet, I think.


Carl Conner: I know its pretty long.


Robert Wilson: Yeah, its getting close to 3 miles or roughly in the neighborhood to 2-3 miles.


Carl Conner: I assume that you have been out there and walked it and everything else.


Robert Wilson: I have not, but I think the staff did last year.


Carl Conner: Last year?


Robert Wilson:  Yeah, we haven’t this year, its been too wet to get out anywhere.

Carl Conner:: Sherry, do you know who did it last year, who walked it?


Cheryl D. Embry:  No, I don’t know personally who walked it, but I do know that some of the staff did walk it.


Jim Niemeyer: We can do that , we would be more than happy to do that between now and the next meeting.


Carl Conner: I would support your motion to table it until the next meeting.


Don Williams: We don’t need to since it was a discussion, we don’t need a motion or to act at all, just look at it in two weeks.


Carl Conner: Be sure to have the exact measurements and also go out and do an inspection on it, we may very well not have to do the 14-15,000 feet, it may be less than that, because Jim was saying that the problem was really, that he thought anyway, was, I guess, would be North of Sharon Road.


Don Williams: I think that area right behind, just on the South side of Sharon Road there also as it goes through that little development and I think we ought to at lease go down that far.


Robert Wilson: All of it on the South side of Sharon Road is entirely on the Church property, the church owns 17 acres there and the ditch is entirely on the Church. Its not next to the building….


Don Williams: It borders that field, doesn’t it?


Robert Wilson: Right, but it is entirely on the Church’s property.


Carl Conner: Ok, if you would all do that for us we would appreciate it.


Jim Niemeyer: We can do that.




Carl Conner: Jim, any other discussion here in regards to Web site updates or just to let us know what you are doing.


Jim Niemeyer: This is mainly to let you know that one of the things that we are going is, we are putting all of the section corner cards into the computer and it will probably take another couple of weeks before this is done. Now, these go back a long way and we will have them all on the website, insofar as they are completed, including the last…..there were 99 of them finished last year by Bernardin-Lochmueller & Assoc, so those will be in there too.


Carl Conner: Is there anything else for discussion?


Don Williams: Might want to make sure, if you get a minute to back them up real quick.


Robert Wilson: Yes, they will be in more than one place.


Jim Niemeyer: And I’m not saying that we should begin a program to recheck them because they’ve been in there for a long time.


Carl Conner: Okay, anything else at all from the Surveyor’s Office?


Jim Niemeyer: No


Carl Conner: Don, did you have anything?


Don Williams: I have no business, sir.


Carl Conner: Mr. Zengler, do you have anything?


David Zengler: No


Carl Conner: Mrs. McKnight, were you here to address the Drainage Board?


Mrs. McKnight: No


Carl Conner: Having no other business, I would ask for a motion to adjourn.


Don Williams: So moved.


Carl Conner: Have a motion on the floor to adjourn, have a second, all those in favor, all in favor state by saying Aye. Aye


Don Williams: Aye


Carl Conner: Meeting is concluded.