107 W. Locust St. Courthouse Suite 30

Boonville, Indiana 47601

July 13, 2005

3:00 P.M.



The Warrick County Drainage Board met in regular session with President Carl Jay Conner presiding, also in attendance was Phillip H. Baxter, Vice-President; Don Williams, Secretary; James E. Niemeyer, Surveyor, and David K. Zengler, Attorney for the Board.  Also present was Sean Owen, Instrument Technician, Surveyor’s Office Staff.


Minutes recorded by Holly A. King.


President Carl Conner called the Warrick County Drainage Board meeting of July 13, 2005 to order.




Carl Conner: The first item or order of business is the approval of minutes for June 22, 2005.  Do I have a motion to approve as presented?


Phil Baxter:   I so move.


Don Williams:   Second.


Carl Conner: I have a motion on the floor to approve as presented and a second.  All in favor state by saying “aye”.


Phil Baxter: Aye


Don Williams: Aye


Carl Conner:  Aye, passes three to zero. The next item on the agenda is a drainage amendment for Quail Crossing.




Jim Niemeyer:  Quail Crossing would like to amend the drainage for out there and I would like to have Jim Biggerstaff come up (to address the Board in regard to the proposed amendment).


Jim Biggerstaff:  For the record, Jim Biggerstaff.


Craig Wood:  Craig Wood.


Jim Niemeyer:  We have reviewed the plans and have found nothing wrong with it except that it does need a drainage easement.


Jim Biggerstaff:  Yes.  Is 12 foot satisfactory?  I mean I don’t know what you require – 12 foot?


Jim Niemeyer:  Should be.


Jim Biggerstaff:  O.k. we’ll go ahead and prepare a legal description on a12 foot drainage easement.  And that’s owned by the golf course.


Jim Niemeyer:  There’s been nothing changed and nothing added – I mean no additional water flow.


Don Williams:  Where’s the change, Jim?


Jim Biggerstaff:  Here’s the inlets here.  Originally it was going to go around here past the clubhouse and they are now directing it straight down to S.R. 261 to an existing pipe that’s there now.


Don Williams:  And you are going to do that before you put all this in?


Jim Biggerstaff:  Yes that’s the idea is to finish that up and then we’re going to surface the parking lot.


Carl Conner:  Are there any comments?  Any questions or concerns by the Board?


Carl Conner:  Hearing no concern I would move for a motion to approve the requested drainage amendment to Quail Crossing.


Phil Baxter:  I’ll make that motion.


Carl Conner:  I have a motion on the floor to approve the requested drainage amendment.  Do I have a second?


Don Williams:  Second.


Carl Conner:  I have a second.  All in favor state by saying aye.


Don Williams:  Aye


Phil Baxter:  Aye


Carl Conner:  Aye, passes three to zero.




Jim Niemeyer:  There has been a request for a waiver of drainage report for that area and I believe Mr. Leek would like to come forward (to address the Board).


Danny Leek:  Yes, thank you.  My name is Danny Leek with Morley and Associates and I would be happy to entertain any questions you may have on the request.


Jim Niemeyer:  We reviewed it and there is none (required) because there is 17 acres there and there is no drainage (report) required for that.


Don Williams:  The lots are all over 2 ½ acres?


Jim Niemeyer:  Yes.


Danny Leek:  Yeah.  One is going to be 10 ½ acres and the other is going to be 6.75 or something like that.  It is a large 17 acre lot that’s being divided into two lots.


Don Williams:  What are you looking for, Mr. Leek?  Just a consensus?


Danny Leek:   Just a consensus so we can go to the meeting for the replat.


Don Williams:  That’s way over what the county asks.  We ask for a minimum of 2 ½ so I don’t have a problem with it myself.


Carl Conner:  I think we need to put it in the minutes.  Do I have a motion on the floor to approve the request of the drainage waiver?


Don Williams:  So moved.


Carl Conner:  I have a motion on the floor.  Do I have a second?


Phil Baxter:  Second.


Carl Conner:  Have a second.  All in favor state by saying aye.


Don Williams:  Aye


Phil Baxter:  Aye


Carl Conner:  Aye, passes three to zero.




Jim Niemeyer:  Last week on the 7th of July went to check on the situation out there and when I got there I saw where Mr. Jacobs was adding more fill to the swale as you can see in the pictures here.  I thought I better mention that to you because we had mention of this in our Minutes of June 8.  He added more dirt to it and he’s raised the level from his property and tapered it down toward the river.  As you can see in the picture, see the drainage pipe in there?  I was out there and he was there and I walked back to talk to him and I asked him is this the correct drain and properly sized and he said “oh yeah”.   What he did was put this drain in and tapered it toward his place down toward the river.  But that drain pipe, I think, is too small to be 12 inches.


Carl Conner:  As I remember this is exactly the opposite of what we suggested, wasn’t it?


Don Williams:  We just asked him to clean out where he filled in an easement.


Jim Niemeyer:  If you look back at the minutes you stated what you should do and I’m just bringing this to your attention.


Don Williams:  Is that not what we said at the last meeting on the 22nd?  We simply asked him to clean out the easement - period?


Jim Niemeyer:  Yes.


Don Williams:  Now is this going to drain back to the river?


Jim Niemeyer:  Yes – but the drainage pipe is probably too small because that has to drain a large area.  12 inch is the minimum size for that.


Don Williams:  What is it - 9?


Jim Niemeyer: This appears to be about 6.


Don Williams:  Have we had any complaints from Mr. Reburn about the dirt, about the pipe?


Jim Niemeyer:  Ongoing activity.  He comes up about once a week.


Don Williams:  The problem was water settling between the two properties.  If I get off here one of you guys correct me.


Phil Baxter:  As I remember that was the problem to begin with – it wasn’t draining properly because there was an obstruction.


Don Williams:  And Mr. Jacobs filled in the easement.  And my impression originally from Mr. Reburn was that was preventing the water to drain back to the river. 


Jim Niemeyer:  From day one.


Don Williams:  From day one that’s what I understood the problem to be then on the 22nd he tells us it never drained back to the river – it just settled in between the houses.  Now if this may be small – and I guess now would be the time to know as much rain as we’ve got did it work or not.  It’s on his property…. They may end up having to go to court because I think this Board has done about all we can do with this issue.  It sounds to me like we have two civilians in a contest and they want us to try and take a side.


Jim Niemeyer:  I don’t know why he wants to do it that way – he slopes it back toward Reburn – but he’s added more dirt to it and then sloped it to Reburn and then buries a drain below it to bring it back the other direction to the south.


Don Williams:  Can he do a trench where it would actually go down the bank?  He didn’t do that?


Jim Niemeyer:  You go down to the south end of it you can see the pipe protruding outside – when you get to the end of the drain it drops off and comes right down the hillside.


Don Williams:  The other end of this pipe we’re looking at here?


Jim Niemeyer:  Yeah.


Don Williams:  Did anybody look at the grade possibly to see if its …..


Jim Niemeyer:  I looked at it and it appears to be at grade.  I asked him if assuming that the inlet at Reburn’s end is good and he said “oh yeah – it’ll drain that way”.


Don Williams:  And all this dirt is on Mr. Jacob’s property?


Jim Niemeyer:  Yeah – most of it – yeah.  It runs right up to Reburn’s property line.


Carl Conner:  It looks like to me instead of doing what we asked him to do he has created a bigger obstacle here.  I think we need to just send him a letter, you need to go out and see him and tell him the direction of the Board was to deal with the obstruction and that we want the obstruction removed so it will drain properly towards the river and if either one of them come in as a follow up, just tell them, as Don said, to the best of our ability is that we have done everything we possibly can and it sounds like the possibility is very good it is a civil issue and if they so desire they can hire an attorney and go for it.


Phil Baxter:  I would agree with that.


Carl Conner:  I don’t believe we have to have a motion or anything.


Don Williams:  No it’s just a report






Jim Niemeyer:  I had funds transferred to equipment to buy about $800 worth of safety equipment for the surveyors because I had none and we were borrowing equipment and didn’t have sufficient survey crew signs and I got yellow hard hats and safety vests for the surveyors.  They are standing out in the middle of the road and are big targets.


Don Williams:  If you need any more vests I understand we have plenty out at the highway department.


Carl Conner:  And we don’t have any claims to approve?


Jim Niemeyer:  No.


Carl Conner:  Do any of the members have anything else?


Don Williams:  I have nothing.


Phil Baxter:  I have nothing.


Carl Conner:  Does the attorney have anything?


David Zengler:  Nothing.


Carl Conner:  Then I will look for a motion to adjourn.


Don Williams:  So moved.


Carl Conner:  There is a motion on the floor to adjourn.  Do I have a second?


Phil Baxter:  Second.


Carl Conner:  All in favor state by saying aye.


Don Williams:  Aye


Phil Baxter:  Aye


Carl Conner:  Aye, passes three to zero, meeting adjourned.


3:15 p.m.