107 W. Locust Street-Suite 303

Boonville, In. 47601


November 16, 2005



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 Board, also present was Sean M. Owen, Deputy Surveyor.


Minutes taken by Cheryl D. Embry. (The minutes of this session were not recorded due to problems with the recording equipment.)


Also in attendance were Jim Morley, Jr., Bruce Miller, Tom Keith, Jesse Claude, David Brown, Harold Harkins, Sue Harkins, Norman G. Diehl and Ronald Scott Marchan.


President Carl Jay Conner called the Warrick County Drainage Board session of November 16, 2005 to order at 3: 20 P.M.




Carl Conner stated the first order of business was the approval of minutes from October 26, 2005 there were no additions or corrections.


Don Williams made a motion to accept the minutes as presented, 2nd by Phil Baxter, Motion carried 3-0.




Bruce Miller and Tom Keith were present to represent Lexington Subdivision and Andy Easley Engineering Company.


Bruce Miller stated that this subdivision had been tabled so that a report from DNR could be made to the Drainage Board, he asked if that report had been received?


Sherri Rector from the Area Plan Commission stated that a report had been received from DNR pertaining to the floodway and that it will not affect any of the principal residents and that most of the flood-way is within the County Legal Drain.







Bruce Milled explained that he had two earlier approvals for subdivisions without retention because of their close proximity to major drains and also the river. He stated that one was approved by the previous Surveyor and one was approved by the Town of Newburgh. Mr. Miller also explained that he had oral approval for this subdivision from the previous surveyor but he did not have it in writing and had not talked to the new Surveyor before bringing it before the Drainage Board. He explained that his engineers had told him that it would be better to let the water flow naturally instead of holding it and then releasing it.


Mr. Tom Keith addressed the Board and explained about an existing pipe underneath Ferstel Road and maybe expanding it to 36-inches to let it drain directly into Cypress Creek.


Phil Baxter made a motion to approve the Drainage Plans as presented.


Carl Conner asked for a second.


Don Williams asked if this was without retention.


Carl Conner asked again for a second to the motion, the motion died for lack of a second.


Carl Conner advised Bruce Miller to revise the plans as the Drainage Board requires and submit them again.




Jim Morley, Jr., from Morley Engineering stated that this was previously submitted to the Board on October 26 and he had asked Edwards Ditch to be reduced to 25-feet, he was back now before the Board to ask for a reduction to 50-feet from top of bank.


There was discussion on this matter and since there was no motion from the Board President Conner stated the request was denied.


Jim Morley, Jr., asked for a reduction of Sprengel Ditch located near Rabbit Run Subdivision. He explained that they are requesting a reduction of Right-of-Entry on one end to 65-feet and 45-feet on the other end so that they coincide. So his request would be from 75-feet to 65 and 45-feet reduction.


There was discussion on this matter with Don Williams making a motion to deny the request, 2nd by Phil Baxter. Motion carried 3-0.


Jim Morley Jr., explained his reasoning for wanting the Howard-Williams Ditch reduced from 75-feet to 50-feet on both sides.


There was also discussion on this matter concerning why the owner wanted the reduction.

Don Williams asked Mr. Morley if the owners were not aware of the 75-foot Right-of-Way when they purchased these properties, Mr. Morley answered that they probably were, they just want to utilize as much land as possible and with the farmers not having to bury the spoils anymore there really wasn’t a need for 75-feet according to Henry Bigge, a contractor who works on County ditches quite a bit.


Phil Baxter made motion to deny request, 2nd by Don Williams. Motion carried 3-0.




Jim Niemeyer explained that this was a metal drain for approximately 30-feet and then the rest is concrete. This is located in Mr. Webber’s back yard and usually takes about 8-10 hours to dissipate after a rain. He also stated that they looked into it with a camera and saw an obstruction that could be removed by flushing out for a cost of $500.00 to $900.00.


Don Williams questioned if this was a legal drain.


David K. Zengler, Attorney for Board stated that the Drainage Board could not spend any Cumulative Drain funds on private property.


Don Williams asked if it could be made into a legal drain.


Jim Niemeyer answered that it could not.


Carl Conner asked the Board if they had any comments? He also asked the audience for comments.


Phil Baxter stated that this could not be done with Cumulative Drain Funds with Don Williams concurring that they couldn’t legally spend the funds on private property.




Mr. Harold Harkins introduced himself and asked if Mr. Niemeyer had ever found out if Sterchi Homes and Mansfield Subdivision had ever received permission to use their retention pond.


Mr. Niemeyer stated that he read the minutes where Mansfield was approved. He also stated that he thinks that part of the problem is with the Howard-Williams Ditch, which they are in the process of cleaning. He added that they would have started on it sooner but they had quite a few emergencies after the tornado. But, he stated that there is quite a bit of growth in the Howard-Williams Ditch and it does not flow properly, so they are in the process of having 16,000 feet of it cleaned.


Don Williams asked if the retention was not supposed to go under I-64 and empty into the Commercial Park retention.


Jim Morley, Jr., stated that there may be obstruction in the pipes.



Carl Conner asked if there were any questions about the claims?


Since there were none, Phil Baxter made motion to approve claims as presented, 2nd by Don Williams. Motion carried 3-0.




Jim Morley, Jr., explained to the Board that about 2-weeks ago he submitted a plan to Jim Niemeyer concerning an Easement Vacation. He explained that as it stands Lot 2 is not buildable, but with the vacation of this easement and the new plans that he will submit they will be able to build on it. He just needs permission to vacate it.


Carl Conner asked Jim Niemeyer if he had received this as he had not seen it to review it.


Mr. Niemeyer answered that he did receive it.


There was more discussion with Don Williams making a motion to table so that the Board could review the plans 2nd by Carl Conner. Motion carried 2-1 with one no vote.


Carl Conner asked if there was any thing else to come before the Board?


Mr. Harold Harkins from Ivy Glenn asked if they were just stuck with the water from Mansfield Subdivision?


Carl Conner answered that hopefully the cleaning of Howard-Williams Ditch will alleviate some of their problem and added that when the cleaning is done they will         re-evaluate the situation. He also stated that there are several obstacles in the ditch such as fences, bushes etc that will have to be removed at the expense of the land owners.

He also asked the County Surveyor to research the records to check if the size of the retention pond may not be appropriate. He added that they will look at all options and try to resolve their problem.


Norman G. Diehl, President of Homeowners Association of Ivy Glenn also spoke to the Board of the problems they are having with flooding that they never had before the Mansfield Subdivision was built.


Sue Harkins also from Ivy Glenn Subdivision stated that this also drains across a Vectren Easement and wants to know how that is possible.


Don Williams made motion to adjourn 2nd by Phil Baxter. Motion carried 3-0.