MINUTES

WARRICK COUNTY DRAINAGE BOARD

COMMISSIONERS MEETING ROOM

107 W. Locust St. Suite 303

Boonville, IN 47601

812-897-6170

December 14, 2005

3:00 P.M.

 

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

 

Minutes recorded and transcribed by Cheryl D. Embry.

 

Audience attendance was Jim Morley, Jr., Sherri Rector, Bill Maseron & Mike Siebeking

 

APPROVAL OF MINUTES:

 

Carl Conner: The first order of business is the approval of minutes of the November 16, 2005 meeting, is there any changes or deletions?

 

Don Williams: I have none. Phil Baxter I have none.

 

Carl Conner Hearing none, I would ask for a motion to approve as presented?

 

Don Williams: So moved.

 

Carl Conner: I have a motion on the floor to approve the November 16, 2005 minutes as presented, 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.

 

DRAINAGE PLAN APPROVAL:

THE RESERVE SECTION C:

 

Carl Conner: Drainage plan approvals, Jim, Iíll turn that over to you.

 

Jim Niemeyer: The first one weíve got coming up is Reserve Section C.

 

Sean M. Owen: This is a Reserve off of Ferstel, this is their last section, they had to do amended street and drainage plans as in their primary there was a cul-de-sac and these two lots were four lots and what they did is they just took that cul-de-sac back out and redirected the water. The way that its flowing the retention is down in this area right here so it all flows that way, there wasnít any major effect on the drainage.

 

Don Williams:This is just a change then?

 

Sean Owen: Yes, itís an amended street and drainage.

 

Carl Conner: Any other comments? Is there anyone here who would like to make any comments relative to the request of the revision?Hearing none, what is the will of the Board?

 

Don Williams:I move that we approve the request for The Reserve Section C.

 

Carl Conner: Have a motion on the floor to approve the revision to Reserve Section C, do I have a second?

 

Phil Baxter: Second

 

Carl Conner: Have a second, all those in favor state by saying aye.

 

Don Williams:Aye

 

Phil Baxter: Aye

 

Carl Conner; Aye passes three to zero. The next one is Country Lake.

 

COUNTRY LAKE ESTATES:

 

Sean Owen: Country Lake Estates is a revision again, the lots, these three lots here and these lots here in the primary did not have access to the lake, it was justÖ.they have extensions from these lots down to create access for the lakes, um you know large lots, no major impacts on drainage.

 

Don Williams:All over 2 Ĺ acres?

 

Sean Owen: Yes

 

Phil Baxter: Yes, itís a big lake.

 

Carl Conner: Any questions from the board? Hearing none is there anyone here that would like to address this issue? Whatís the will of the Board?

 

Phil Baxter: I would move that we approve the drainage plans.

 

Carl Conner: Have a motion on the floor to approve the revised drainage plans for Country Lake, do I have a second?

 

Don Williams:Second

 

Carl Conner: Have a second, all in favor state by saying Aye.

 

Don Williams:Aye

 

Phil Baxter: Aye

 

Carl Conner: Aye, motion passes three to zero.

 

DISCUSSION-I-164 COMMERCIAL PARK:

 

Carl Conner: Discussion on I-164 Commercial Park, is that correct?

 

Jim Niemeyer: That is correct.

 

Sean Owen:This was a request from Morley Engineering, it was brought before the Board, I believe at the last meeting and was tabled, they are not looking for an approval of any vacations or of drainage plans, they are wanting to know if the Board will allow them to vacate all the easements on the plat, on the back page of your packet there and Jim Morley, Jr. is here to address that situation.

 

Jim Morley, Jr., passed out some papers to the Board while a lady introduced him.

 

Crystal Lockyear: Okay, just for the record Crystal Lockyear and Jim Morley, Jr., weíre both here representing Joe Pierson, who has purchased Lot 2 on that plat that you see. When this subdivision was platted, lot 2 as you see is 18.7 some odd acres and itís very clearly marked on there, itís not a build able lot as it stands, it was set off there for future development and if youíll look at that, I think it also becomes pretty clear that there are easements all over that 18-acres that make it a little difficult for our client to develop this property or even come up with a plan for development at this time. So, what we are doing, we are going to proceed to file for petition for vacation of all of those easements, basically just start over on that lot to put in the development easements, depending upon how many lots we decide to divide that into and what the development plan becomes as we look at this. We have or Jim has already sent out letters requesting approval that we need from all the utilities, we have approval from all seven utilities at this point, thereís just absolutely nothing out there and I believe we need approval from the Drainage Board also to move forward in order to file our petition for vacation. So, that is exactly what we are asking you not to vacate, but to give us the Drainage Boardís approval to move forward with the vacation petition.

 

Carl Conner: Relative to the Drainage Easements.

 

Crystal Lockyear: To lot 2 on the drainage easements, thatís correct.

 

Carl Conner: Jim, Iím kind of lost here, where does this exactly sit.

 

Jim Morley, Jr., showed the board on the plan where things set in reference to Off the Wall Sports building and also behind Colonial Manor Subdivision.

 

Carl Conner: So this is directly behind Colonial Hills?

 

Jim Morley, Jr.: Yes, what happened is that Andy Easley did the plat on this piece of property and then went through and clearly marked it ( I kind of highlighted it in orange there that it was a non-build-able lot) unfortunately he put easements all over it that make it impossible almost to develop, for example, right down the middle along that creek is a 110 foot drainage easement that runs the entire property, so you physically canít get to the north two-thirds of the property without crossing that easement and so what Mr. Pierceson is wanting to do is he wants to come in and what weíll have to do is replat lot 2 of I-164 Commercial Park and when we replat that subdivision or when we replat that lot break it into smaller lots, you know and then at that point weíll come back in front of the Drainage Board with a whole new set of easements, retention basins, rights-of-way and so forth. But, if weÖ.well, we have to vacate the stuff off first because if we came back with vacating it, we couldnít get to the north two thirds of the property without you know going through a drainage easement and we canít put you know the drainage easement canít be in the road right-of-way, so basically what weíre wanting to do is to turn this piece of ground into a clean virgin piece of ground again, you know and come back in, like any other person would do when they develop a piece of ground. At a previous meeting, at a sub-preview meeting, a month ago now maybe, there was a little misunderstanding, Sherri thought or somebody thought that while there was a concern that we vacate these easements and then someone could go in and build a building and then not have retention. But, I said no and then I brought up the note on a plat and as you can clearly see it is a non-buildable lot, so the only thing a person can do with it in the shape itís in now is mow it. So, for it to turn thatinto a usable piece of ground that generates tax dollars for Warrick County it has to be re-platted to do anything with it besides mow it and when we re-plat it, weíll come back through, just like we would with any other subdivision, you know with drainage plans, road plans, primary plat and all that and at that point, weíll put the retention basin instead of bisecting the piece of ground so you canít even get to the north two-thirds of it, you know, weíll put the retention basin where it works forÖwhere it needs to be for the development appropriately sized where it meets all the Drainage Board requirements, you know, put in the road right-of-way that we need to get roadways to the back of this ground. As you can see the Right-of-Way is just a little cul-de-sac thatís stuck at the very south end of it.

 

Carl Conner: And thatís past Off the Wall Sports, right?

 

Jim Morley, Jr.:Itís actually not installed, but the Right-of-Wayís there, but the cul-de-sac itself is not installed. We would have to continue that road, you know on into the property, but to be able to start fresh like the plat requires us to, since itís a non-buildable lot, we kinda got to gut it first, you know and get rid of all the easements that are in the wrong places and the reason weíre in front of the Drainage Board is every easement on there thatís a public utility easement for some reason they made it drainage and public utility easement. As you can see kind of wrapping around the entire site, thereís a drainage and public utility easement and then thereís a drainage easement in the middle, we are not seeking anyÖwe are not trying to get rid of the legal drain, itís only the drainage easementís that have been added. The Legal Drain Right-of-Entry would stay as is there today on the legal size piece of paper, if I can approach up here (approaching the Board) It kind of sits like this (showing on plat) thereís basically a perimeter easement all the way around that is a PU and DE so they made it a public utility easement and drainage easement, well all the public utilities have said fine, we have nothing out there, weíre fine with the vacation, but because itís a drainage easement we need an approval from the Drainage Board almost like you were another utility, you know what Iím saying and then right down the middle, all on the North side of the creek, youíll see a 110 foot drainage easement that they put all the way across from east to west all the way across so you canít even get to this part of the property without crossing the drainage easement. Well, you canít put a road through a drainage easement, through a lake maintenance easement cause itís for lakes.

 

Carl Conner: This may be a silly question, Jim, but is there an actual legal drain that exists today there?

 

Jim Morley, Jr.:Yes, itís Williams Ditch.

 

Carl Conner: Okay, Now is that part of the ditch that weíre working on?

 

Sean Owen:Yes, but itís the very very end of it, actually itís the very beginning of it.

 

Carl Conner:Cause we have a lot of drainage problems there.

 

Jim Morley, Jr.:Yeah, and Iíve talked with Leon Corressel, who lives right here in the corner of Colonial Hills and Iíve talked to him about trying to ÖÖcause I went back here the last time it rained, I went back here to look and thereís no way for conveyance of water across this back piece back in here, so I think we can help them because we could come in and put in and put a swale along this back line and give water a way to get out of there, but we canít help them without re-platting it, cause the way it is now, you canít build anything on it and nobodyís going to cut ditches on lots you canít build on.

Carl Conner: Jim, if we grant the request, is it going to have any negative impact upon the drainage in Colonial Hills and the surrounding areas that we have been trying to address.

 

Jim Niemeyer: No

 

Carl Conner: Okay

 

Jim Morley, Jr.:I think we can help them, but we canít help them until we re-plat it, you know and appropriately size the basins and put the swales in that would allow water to drain out of that area, because now between Colonial Hills, at least in Leon Corresselís area, between Colonial Hills and this field there is no ditch, so water just kind of stands back there and itís got no conveyance to get it away from that neighborhood.

 

Carl Conner: Okay, now what is the intent from the standpoint if we remove the legal drain easements so you can have access, what is the intent of the 18 plus acres?

 

Crystal Lockyear: I want Jim to address that, but I want to make clear that we are not removing the legal drain, this is only the platted Drainage Easements that are on there, so this wonít have any legal affect on the Legal Drain itself.

 

Jim Morley, Jr.:We talked about a couple of different things, when Mr. Piersoncame to me 3 months ago, he had purchased a piece of property and we had talked about maybe coming in off of there by Off the Wall Sports and coming through the cul-de-sac extending out the end of the cul-de-sac and bringing the cul-de-sac down this way (showing the Board on the drawing) extending the cul-de-sac and loping lots off of either side for commercial use, itís funny I said something to Mr. Pierson right before this as I had asked him if he had time after this meeting to discuss different options. There are certain things that canít be done with this piece of property if you remember this was the site of a heated zoning battle and apartments canít go there, you know, so I mean heís limited to what his uses are. Thatís the onlyÖa cul-de-sac is the only thing Iíve ever discussed with Mr. Pierson.

 

Carl Conner: But I think you still have a problem and this is just my personal opinion and one of the reasons that I opposed the last proposal for this ground in here adjacent is simply due to traffic. Your not looking at putting a road through to Lincoln Avenue or a road through to Epworth Road, are you?

 

Jim Morley, Jr: And thatís one of the things Iíve been looking at and from here on out is not subject to discussion with Mr. Pierson, I was drawing around on the computer today and there is also access (walking up to show Board on Plan) here.

 

Carl Conner: Cause this traffic intersection is not going to handle it.

 

Jim Morley, Jr:There is also a Right-of-Way stubbed out from Colonial Hills, right here to this property also which would give another way to get out of there.

 

Carl Conner: Through the subdivision?

 

Jim Morley, Jr: Yes, but its got subdivisionís all the way around it, so itís either got to go out the cul-de-sac or a sub, it doesnít have another choice. But, that we really havenít chased out yet.

 

Carl Conner: I know youíre not to that step yet, but I mean, Iím just trying to lay some ground-work and you understand the situation that we had previously.

 

Jim Morley, Jr.: I think at one point, didnít Max Kindle want to do apartments on here which would have been a couple, I assume, 2 to 3 hundred units, I would have guessed just by the ground and I canít imagine how he would ever have the equivalent of 2-3 hundred apartment units, but either way that all being said that would all come back in front of you guys at the time of actual development of this piece of ground.

 

Carl Conner:Right, I understand that, but Iím just trying to allay as I said some ground work and that you have some understanding of what may occur.

 

Jim Morley, Jr.:Sure, okay.

 

Sherri Rector: I just wanted to explain real quick how we got to the situation where you have a lot thatís not a building site. They wanted to sell off the one lot for the trade school, the union school, there was not a road so they wanted to subdivide the lot, they had to do a primary plat and a secondary plat because there was no road way it would have land locked the lot that says not a building site. So, thatís where you have a plat thatís saying not a building site. I donít know why that they put all those easements on there, on the lot, because it was always an understanding that it would come back and be platted, there would be easements added there, they could not get rid of your legal drain in any way. But, thatís why itís a subdivision is so they can sell the school off the union part off and put the roadway in there. That was the only purpose for that plat and there was no purpose yet for the lot 2.

 

Carl Conner: Thank you, Jim; do you have any other comments?

 

Jim Niemeyer: No, none at all.

 

Carl Conner: Do any of you have any comments?Is there anyone else here that has any comments? Does the Board have any comments or questions?

 

Don Williams:I donít really have any questions, I only have a problem with vacating this subject to a new drainage plan being filed. I probably will have trouble with commercial traffic going through Colonial Hills though.

 

Carl Conner:Well, and I think thatís why weíve been sitting here discussing whatís the possibility, the usage and everything else because I guess you just take it one step at a time, but Iím like Don, as I said I opposed the last development and it may very well be a development based on the same reasons. I mean, youíve got traffic issues here and everything else that you just got to get to that point I guess and come in and weíll make a determination of whether we can accept it or whether we canít accept it.

 

Jim Morley, Jr.:Iím glad you said something now that way we can kind of take that into account as weíre trying to plan how it is developed, we can take that into account, because we have heard from two of the three commissioners, you know, feelings so we can now plan appropriately.

 

Phil Baxter: Itís a shame itís bound up like this. Itís a nice piece of property.

 

Jim Morley, Jr.: I guess the last guy to the dance gets stuck.

 

Jim Niemeyer: I just want to make one comment and one of the things that weíre going to have to take care of and there is a problem out there in the subdivision of Colonial Hills is drainage and itís just been bad for years and years and years, so I wouldnít want to see anything in there detrimental.

 

Carl Conner: And weíre addressing those issues though at the present time and I guess thatís why Iím asking whatever we do here today is that going to have a negative impact upon what weíre trying to accomplish out there.

 

Jim Niemeyer: As long as we can keep it open and clear, weíre fine.

 

Jim Morley, Jr.:I think if we can fill out and proceed we can help them and we can get some swales along their back to help get that water out of there instead of it just ponding back in that field and then backing up into those neighborsí yards. I think we can help them.

 

Carl Conner: Is there any other questions from the Board? Hearing none, what is the will of the Board?

 

Don Williams:This is just a discussion item there is no need for a motion, I donít think is there?

 

Crystal Lockyear: I actually think we do need because there are drainage utilities, youíre the utility we need approval for to move forward on the vacation.

 

Don Williams: You need approval to vacate, no you donít need approve to move forward to process.

 

Sherri Rector: I think they are looking for consensus that you have no objection to filing the vacation.

Don Williams:No, I donít have any problem with them filing a vacation, I think you can do that with or without our approval to be quite honest with you.

 

Carl Conner: I think they are probably asking to have that in the form of a motion, is there someone who would like to put that in the form of a motion?

 

Phil Baxter: Iíd move that we vacate the easements on for I-164 Commercial Park Lot 2.

 

Don Williams: Iíll second that.

 

Carl Conner: Weíve got a motion on the floorÖÖ

 

Don Williams:Wait a minute, his motion was to vacate.

 

Jim Morley, Jr.:Just a consensus that itís okay to vacate.

 

Crystal Lockyear: Weíll be back in front of you on the vacation again.

 

Carl Conner: You want to shoot it again, Phil?

 

Phil Baxter: Iíd move for a consensus to vacate the easements on I-164 Commercial Park lot 2.

 

Carl Conner: Okay, have a motion on the floor to have a consensus relative to vacating the drainage I assume utility Right-of-Ways on Lot 2, do I have a second?

 

Don Williams: Itís your turf, why donít you second it?

 

Carl Conner:Okay, Iíll second it. All in favor state by saying Aye.

 

Phil Baxter: Aye

 

Don Williams: I abstain

 

Carl Conner: Aye, let the record show that two approve and one abstention.

 

Ms. Lockyear and Mr. Morley thanked the Board.

 

CLAIMS:

 

Carl Conner: The next item is claims, Jim, do you have any comments?

 

Jim Niemeyer: No

 

Carl Conner: What is the will of the Board, we have claims totaling $44, 096.86.

 

Don Williams: I move we pay claims.

 

Carl Conner: Have a motion on the floor to approve the claims in the amount of $44,096.86, do I have a second?

 

Phil Baxter: Iíll second it.

 

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

 

Phil Baxter: Aye

 

Don Williams; Aye

 

Carl Conner: Aye, passes three to zero. Any other business Jim?

 

Jim Niemeyer: I have one actually two items to discuss.

 

VICTORIA BLUFFS:

 

Carl Conner: I guess my first question is why wasnít this on the agenda?

 

Don Williams: We havenít had an opportunity to look at it either.

 

Carl Conner: You have it down here in other business and I thought that we tried to make it clear at the last meeting that we had that we wanted these type of issues if at all possible listed on the agenda to give us time to review and take a look at them. Is this an emergency?

 

Jim Niemeyer: No

 

Rick Acord: Well, theyíve got lots pending sale on, thatís why they ask me to kind of push it through.

 

Carl Conner: But, when did you make that request, sir?

 

Rick Acord: Today, I think we had spoken with Mr. Niemeyer in the last few weeks about it, we just actually brought the drawing up today.

 

Jim Niemeyer: We met with the Area Plan Commission andÖ

 

Carl Conner: Well, weíll go ahead and try to deal with this today if the Board so desires, but in the future, Jim, unless itís an absolute emergency and the president is aware prior to the meeting, then as far as Iím concerned as president we will not hear these type of issues unless they are on the agenda, okay.

 

Mr. Acord is not on the microphone and is pointing out to the Board on his plan about a retention pond that was there originally. He also stated they build another retention pond.

He also stated that Jaygo Homes does not want the retention ponds on his property, so they are going to fill in the two ponds, extend the pipe to a ditch and swaling it over to a catch basin. The engineers office requested that they put two inlets in at the end of the road and pipe it in a 33-acre lake and we are putting about 16 cubic feet of water into it.

 

Don Williams:How big of a pipe?

 

Sean Owen: 18 inch.

 

Carl Conner: Is this going to be adequate, Jim to handle the drainage in that area?

 

Jim Niemeyer: We checked the calculations on it and its okay.

 

Don Williams: I donít think thatís necessarily a bad plan, I donít doubt the calculations and the pipe, my thought is though I would much rather see a pipe oversized than undersized.

 

Rick Acord:Oh, it is oversized.

 

Don Williams:How oversized?

 

Rick Acord: I donít have the calculations.

 

Don Williams:What do the calculations call for?

 

Sean Owen:I donít remember what the percentage difference was.

 

Rick Acord: I think the calculations called for a 15-inch and we just made it an 18.

 

Sean Owen:I know it wasnít flowing 90% capacity, it was under that.

 

Don Williams:I know where the property is up on the hill there, on the left as you goÖ

 

Rick Acord:And the ponds are 80-50 by 100 feet long right now and with the size of that lake, I manÖ.. its like spitting in a bathtub.

 

Don Williams:Itís huge, thereís not doubt about that my only thought was getting it down there to it, it doesnít really impact any other development or anything.

 

Rick Acord was talking at the same time as Mr. Williams and he was still not on a microphone so all I pick up was something about 14-feet of fall from here to there and 8-feet above the water coming into it.

 

Carl Conner: Any other comments, Sir?

Rick Acord:No, sir.

 

Carl Conner: Jim, any other comments?

 

Jim Niemeyer:No

 

Carl Conner: Any other comments from the Board?

 

Phil Baxter: No, I know the area.

 

Don Williams:Jim, are you recommending approval on this?

 

Jim Niemeyer:Yes

 

Carl Conner: Hearing no other comments, what is the will of the Board?

 

Don Williams:I move we approve.

 

Carl Conner: I have a motion on the floor to approve the request, do I have a second?

 

Phil Baxter: Second

 

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

 

Phil Baxter: Aye

 

Don Williams: Aye

 

Carl Conner:Aye, passes three to zero, thank you sir. We would appreciate it in the future if you have business to bring before this Board to get it here a week or so before so we can at least have an opportunity to take a look at it.

 

Rick Acord:We dropped them off at the Engineerís Office and I could have swore we dropped them off at the Surveyor also, but apparently they didnít get their copy.

 

Carl Conner: Okay, have a Merry Christmas. Phil, do you have any business to come before the Board?

 

Phil Baxter: Nothing to approve.

 

Carl Conner: Don, do you have anything?

 

David Zengler: Are we scheduled to have another meeting at the end of December between Christmas and New Years, as I will be gone?

 

Don Williams: If we have any legal issues, weíll just table them until you get back, howís that? There may not even be enough business to have a meeting.

Carl Conner: Iíd look for a motion toÖÖ

 

AD-CRAFT SIGN IN HOWARD-WILLIAMS DITCH:

 

Jim Niemeyer: I have one more item and I hate to even request it, but during the course of cleaning out the Howard-Williams Ditch we encountered a foundation for a sign that is in our Right-of-Way.

 

Don Williams: What now?

 

Sean Owen: Itís a concrete pad, the gentlemen from Ad-craft are here and Sherri is here as well to address this issue. We still havenít done all the research but they wanted to come before the Drainage Board and plead their case.

 

Don Williams: Are we talking about this ditch here?

 

Sean Owen: Yes, itís called Lockwood and it is a regulated drain.

 

Sherri Rector:This is Action Trailer Subdivision, itís where Action Trailer used to be on Hwy 62 and Telephone Road. This plat has been through two different surveyors previous to Mr. Niemeyer and when it was approved, of course youíre supposed to show any legal drains on a piece of property and the legal drain Right-of-Entry. But, when this one was done the only thing it has up here says Lockwood Ditch where thereís no legal drain, thereís nothing, so the only legal drain that we were aware of ( Iím talking Planning Commission) and the only one that we discussed was the Howard-Williams Ditch. So, Ad-craft came in our office on September 9, 2005 and we gave them a permit for a sign thatís John Deere Dealership that is going in here now as Action Trailer has gone bankrupt and we gave them a permit 20-feet off of the property line not aware that there was a legal drain there whatsoever.

 

Don Williams:How many feet is it from the ditch?

 

Sean Owen:It is about 2-feet from the top of bank.

 

Jim Niemeyer:Yeah, itís right on the crown.

 

Sherri Rector:†† So, as soon as we became aware of it I called Mr. Siebeking at Ad-craft and told him to stop, not to put the sign up and then I also called Easleyís Engineering because I was upset that they didnít show the legal drain on their plat when it was recorded and theyíre still saying itís twenty feet, they say the sign is twenty feet off the property line then the sign is 23-feet from top of bank, but Sean has been out there and they said itís right on. But, anyway thatís where weíre at is Iíve told them and Iíve got a letter that their improvement location permit is revoked until such time that this if figured out, theyíve either got to move the sign out of the Right-of-Way or get permission from you to have it in there and normally itís a Hold Harmless if we have to move it out, thatís been in the past and I donít know if you even do that anymore.

 

Carl Conner: Well, Iím not for signing any Hold Harmlessís anymore, unless they are absolutely necessary.

 

Sherri Rector:Itís the concrete pad and the electric thatís in there now, is that right?

 

Don Williams: Does that section of the ditch need to be cleaned now?

 

Sean Owen:We are in the process of cleaning that ditch out right now.

 

Carl Conner: Would you gentlemen please state your name and who you represent for the record.

 

They introduced themselves as Bill Meseron and Mike Siebeking both with Ad-craft.

 

Don Williams:Now, how wide is that sign and can somebody cleaning that ditch get around it?

 

Jim Niemeyer:They can clean it, but if we need to say widen it, then that may present a problem.

 

Carl Conner: My understanding is though that weíre dealing with a legal drain and they are only two feet from Right-of-Entry.

 

Sean Owen:Yes

 

Phil Baxter: Two foot from center or two foot from top.

 

Sean Owen:Two foot from the top.

 

Carl Conner: I donít have any other questions, Phil do you have any comments?

 

Don Williams:So, that Mr. EasleyÖ..Iím just trying to find out who made this snafu.

 

Sherri Rector:Well, I think it was Easley Engineering that should have had it on there and it should have been caught byÖÖ

 

Don Williams: By your staff?

 

Sherri Rector:Not by our staff, the surveyorís office that approves the Legal Drains and reviews it, but nor Mr. Niemeyer, as he wasnít there.

 

Carl Conner: Whatís the will of the Board?

 

Sherri Rector:If you allow it to stay there, then I can hold a hearing as a hearing officer and grant them a variance but they need your permission first since itís in the Legal Drain, otherwise they have to move it.

 

Don Williams:And all theyíve got is the base in right now?

 

Sean Owen:Yes, itís the electrical line out to power the sign and itís a 2ft x 4 ft concrete pad, approximately.

 

Phil Baxter: Iíd like to say that I would like to leave it there, but I donít think we can. Iím sure thereís going to be some more development in that area and we canít allow something like that in a legal drain as weíre having problems now getting to places to clean ditch and things of that nature. I can appreciate the effort that youíve gone through and Iím sorry for what happened, but myself, I canít support leaving it there.

 

Don Williams:We donít know if weíre going to have to widen that ditch or not. I hate to have to have them pull it out when basically the County put the stamp of approval on putting it where it is, even though it didnít happen with present people.

 

Carl Conner: Okay, do we have a motion on the floor to deny or to approve or what, we need a motion.

 

Phil Baxter: Iíll make a motion to deny.

 

Carl Conner: There is a motion on the floor to deny the building of the sign where the foundation presently is, do I have a second?

 

Don Williams:Iím not going to second it.

 

Carl Conner: Okay, Iíll second it, all in favor state by saying aye.

 

Phil Baxter:Aye

 

Carl Conner: Aye all opposed state.

 

Don Williams:Aye

 

Carl Conner: So, we have two that approved removing the sign, that the sign cannot be build there and we have one that voted to leave the sign there, so let the record show that.

Sorry, gentlemen couldnít help you out.

 

Mike Siebeking:So, whatís our next step since you all, not you all but the Area Plan gave us a permit to put it there and they knew where we were putting it.

 

Sherri Rector:Iím revoking your permit because I was not aware there was a legal drain there.

Mike Siebeking:So, basically the fact that we didnít have the information and you didnít have the information, your saying that we should stand the cost by moving the sign even though your County screwed up, is that what I understand?

 

Carl Conner: Well, sir if thatís the way you understand it, thatís fine.

 

Mike Siebeking:Is that how I understand it, is that correct?

 

Carl Conner:What weíre saying to you sir, that no one in this room had anything or any knowledge to deal with this. We have regulations in the County that says that there shall not be anything the Right-of-Way from the top of the ditch 75-feet from the top of the center on a legal drain. This is a legal drain.

 

Mike Siebeking:I understand that, but hereís my point, how do I know where that is on the documents Iím working off of if it doesnít show that?

 

Carl Conner: Youíll have to go back through the process and youíre going to have to get a permit and they will show you where you can put that sign up.

 

Sherri Rector:†† And it has to be 75-feet from the top of bank.

 

Sean Owen:75-feet from the top of the bank of the regulated drain or Right-of-Entry.

 

Sherri Rector: ††Youíll have to get somebody to go out there to the top of bankÖ

 

Carl Conner: And believe me, no one sitting here likes to make this decision, but at the same time we have rules and regulations that we have to follow and we have to be consistent and I apologize for previous administrations doing something that was not appropriate that is going to cost you money. But, I donít know of any other alternative except to be honest with you. We canít approve it and if you want to put the sign up, Iím sorry to say, but youíre going to have to absorb the cost.

 

Mike Siebeking: Well, weíre going to put the sign up.

 

Carl Conner: Anything else to come before the Board? Hearing none, so I have a motion to adjourn?

Don Williams:So moved

 

Carl Conner: Do I have a second?

 

Phil Baxter: Second

 

Carl Conner: All those in favor state by saying aye.

 

All stated aye, meeting was adjourned 3-0.