107 W. Locust St. Suite 301

Boonville, IN 47601


December 28, 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 were recorded and transcribed by Cheryl D. Embry.


Audience attendance was David Huck, Kimberly Huck, Haleigh Huck and Stephen Huck.




Carl Conner: The first item on the agenda, Iím going to turn over to Jim, itís in regards to a reduced Right-of-Entry of Willow Pond Ditch.


Jim Niemeyer: I would like to ask Mr. Huck to come forward and he wants to rebuild his home that was demolished by the tornado and it is along 662 about a mile or so east of the intersection of Culvert Ave and I-164. It is on the South side of the road, the edge of his garage as best as I could determine was about 25-feet from the very edge of the ditch. There is an elevation certificate prepared by Bill Bivins, who is a Registered Engineer and the elevations appear to be in order as it is in A-10 flood zone. But, I am going to let Mr. Huck identify himself and explain what he wants to do.


Mr. David Huck introduced himself.


David Huck:Our house is located at 10211 S.R. 662, it was destroyed by the tornado on November 6, 2005 and we are asking for a relaxation of the easement requirement for Willow Pond Ditch to rebuild our home using the existing basement, as Jim said the edge of our carport is roughly 25-feet from the ditch. We are also asking that we be allowed to rebuild an out building that was a post frame building and it was approximately 52-feet from the ditch.


Don Williams: Is that shown on the picture I have here, Mr. Huck? That outbuilding?


David Huck:I have a drawing, ( he approached Board and showed them on the picture where his buildings were, his home, attached carport and outbuilding) We are asking to rebuild and not encroach any further, basically where the home was located and where the garage was located and with the provision that we not encroach any further into the easement than when the house was originally built in 1956.


Carl Conner:Can you help me with location, are you east of the restaurant.


Don Williams pointed out on the drawing where the restaurant was located.


Carl Conner: So then the circle building is where your house was?


David Huck:Thatís correct, we are just east of the Homestead Restaurant across Willow Pond Ditch.


Phil Baxter:Is that the outbuilding just south of the house?


David Huck: Yes


Carl Conner:And basically, what you are asking is a waiver to todayís ordinance to be able to build your house exactly where it was originally built?


David Huck:Thatís correct.


Don Williams:I personally donít think a man should be penalized because a tornado came through, so I would move that we give Mr. Huck a waiver to go ahead and build his home and outbuilding where it originally was.


Carl Conner: Have a motion on the floor to approve the request to build the new home exactly where the original one was, do I have a second?


Phil Baxter: Iíll second it.


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. Thank you. Best of Luck.


Mr. Huck thanked the Board and told them he appreciated their decision.


Don Williams: You had good insurance, I take it?


Mr. Huck:Things have been okay, we havenít had any complaints as of yet, but weíre not finished yet either. So, the jury is still out, so to speak.


Carl Conner: Hopefully you donít have any complaints in regards to the debris thatís been cleaned up.


Mr. Huck stated they had no complaints.


Mr. Conner said if they did they could call the County Highway garage (laughter)




Carl Conner asked Jim to please handle the claims.


Jim Niemeyer:These claims are for December to be encumbered.


Carl Conner: So, is that only a total of $935.00?


Don Williams: ††Is the $315.00, is that registration fees for the NACS meetings?


Jim Niemeyer:Yes


Carl Conner: Any questions in regards to the claims by the Board?


Don Williams:Yes, I have a question, Number 4 what is the WTH, is that a WTH conference?


Jim Niemeyer:Yes


Don Williams: ††I have no other questions, Mr. President.


Carl Conner:Are there any other questions? Hearing none I would ask for a motion to approve.


Phil Baxter: I make a motion we pay the claims.


Don Williams:Second


Carl Conner: I have a motion and a second, all in favor state by saying aye.


All Board members voted Aye. Motion passes three to zero.


Carl Conner:Is there anything else to be brought before the Board.


Jim stated he had projects to be discussed.


Don Williams asked Jim to update the Board on the MS4.





Jim Niemeyer: We are on track to have certain items completed first quarter of 2006 and the first order of business, I believe is to have some ordinances approved and developed, such as having the ability to operate an MS4 and the other would be to fund it. I think last spring we had a meeting and we had a utilities attorney there and the County attorney and I kept Don Larson advised of where we are. I think with your approval Iíll call him and get things in motion where we can get things approved. Otherwise, we need to write IDEM a letter and ask for an extension of time.


Don Williams:The only thing I ask is that any day would be good for me, I would probably rather not have it on Commissioner Meeting day like a Wednesday, but if you could get early or late afternoon would be my preference. I donít know how the other two Commissioners feel about it, but I have my afternoons free this semester completely, so that if there is something I have to go to Indianapolis for, Iím good.


Carl Conner: I really donít have any preference, if I canít work it around my schedule, the other two can, I meanÖÖ..


Jim Niemeyer: Iíll just get in contact with them and have them call things to order. The other thing we have to do, itís not as urgent as MS4 is we need to get the Drainage Ordinance and go through it with BLA. I would suggest that we have a meeting with the contractors and developers so they would have some input.


Carl Conner: I just wonder if maybe we shouldnít want to time that with the Commissionerís dealing with the new revised subdivision because weíve got to get that done within 90 days and I can tell you just from one, myself there are a lot of issues in there that I am going to have to have some real clear understanding from builders or someone before I can say I support them.


Jim Niemeyer: Which one is that?


Carl Conner:Thatís the one that was done by Committee, that Attorney Leslie Shively had helped with.


Phil Baxter: Area Plan Commission Members and some outside people too.


Jim Niemeyer:I think we should have Henry Nodourse to go through that with us and then we could even have Steve come in for that as he is familiar with all of the drainage systems in the County and I think it will help us a lot if we get it approved. I think it will help a great deal as there is some teeth in it.


Carl Conner: What is the dead line that it has to be or is there a deadline that it has to be reviewed and approved by us?


Jim Niemeyer: There is no deadline on the Drainage Ordinance.


Carl Conner: Well, why donít you try to set something us and then get ahold of Phil and you know what Donís schedule is and myself and weíll see if we can go through it.


Phil Baxter: Do you know what the time limit is on MS4?


Jim Niemeyer: Weíve gotÖwe can ask for time extension, weíve got to have first quarter, weíve got certain items that need to be completed.


Don Williams:We do have that software pack that you bought that Jim sayís is installed and ready to go.


Jim Niemeyer:Weíre all set to go.


Don Williams:Doug has developed a Stormwater Management Ordinance that he gave to us some time ago, I still have a copy of it in my desk. I donít think Iíve ever read it though, I need to do that.


Carl Conner: I thought I heard through the grapevine that the Governor killed that thing.


Don Williams: ††MS4?


Carl Conner: Yeah.


Don Williams:We need to be making some calls and find out.


There was other discussion on MS4 with Jim saying that he thought the Drainage Ordinance would help us a great deal. Don agreed saying that with a good Drainage Ordinance where we are controlling the water and that sort of thing that the state does they will leave us alone.


Carl asked if there was any other business.


Don Williams made a motion to adjourn, seconded by Phil Baxter, Motion carried, passed 3-0.