MINUTES

WARRICK COUNTY DRAINAGE BOARD

COMMISSIONERS MEETING ROOM

107 W. Locust St. Suite 301

Boonville, In 47601

812-897-6170

March 8, 2006

 

 

The Warrick County Drainage Board met in regular session with President Don Williams presiding, also in attendance were Carl Jay Conner, Secretary; Jim 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 Vickie Gentry, Mark Barton, Dan Farundie, Ryan F. Millan, Allen R. Bosma, Danny Leek, Sue Harkins, Harold Harkins and Keith Uhde.

 

APPROVAL OF MINUTES:

 

Don Williams:The first item on our agenda is the approval of minutes for February 22, 2006. Mr. Conner, have you had an opportunity to read the minutes?

 

Carl Conner:Yes and I move that we accept the minutes as presented.

 

Don Williams:Iíll second that motion. Motion carries 2-0.

 

DRAINAGE PLAN APPROVAL:

 

Heritage Place-Replat Third Addition Lots 54, 55, 56 & 57:

 

Jim Niemeyer:The first item on the list involves Heritage Place, there is a request to replat Lots 54, 55, 56 & 57. Mr. Bivins is here to speak on this.

 

Bill Bivins:The only thing weíre going isÖBill Bivins, Engineer, weíre adding an alley along the back of the lots rather than exiting on Lexington so they will come out on Richmond. It has to do with the steepness of the front of the lots.

 

Don Williams:Why are you adding an alley?

 

Bill Bivins:So they will exit out on Richmond, itís due to the steepness of the lot, theyíre steep and they wonít have driveways off of Lexington, theyíll have access off of Richmond.

 

Carl Conner:So, itís going to be like an alley?

Bill Bivins: Yes thatís the only difference in the plans.

 

Don Williams:Is that in a drainage easement, that alley?

 

Bill Bivins:No, thereís a six-foot PU there, but thereís not a drainage easement back there.

 

Carl Conner:Are you going to put duplexes there or something in there?

 

Bill Bivins:Yes

 

Carl Conner: I would move that we approve the drainage plans, a request for Heritage Place replat of Lots 54, 55, 56 & 57. Don Williams seconded the motion, it was carried

2-0.

 

RIVERWIND-Replat of Old Rivertown Apartments:

 

Jim Niemeyer:The second item is Riverwind, it is a replat of Old Rivertown Apartments. The replat creates a two lot subdivision, Lots 1 & 2, the only changes is the addition of a property line.

 

Don Williams: They are not changing the drainage at all?

 

Jim Niemeyer: No

 

Carl Conner: Is that South or North of Pollack?

 

Danny Leek:This would be north of Pollack Avenue.

 

Mr. Williams asked if there were any questions, Mr. Conner had none.

 

Carl Conner: I move that we approve the drainage plans for Riverwind replat of of Old Rivertown Apartments for no additional drainage, seconded by Don Williams. Motion carried 2-0.

 

Barrenfork Subdivision:

 

Jim Niemeyer: The third item involves Barrenfork Subdivision which is located between Kelly and Phillips Road about 5 miles Northwest of Tennyson and Mr. Barton is here to represent his party.

 

Mark Barton:What weíre doing there is taking a twenty-four acre parcel and subdividing it into five lots, residential lots, not altering the terrain whatsoever, just creating five home sites. Thereís an existing lake on the lot weíve allocated a drainage easement around the lake and the overflow going south, other than that like we say weíre not going disturb the existing ground.

Don Williams:No, lots are less than 2 Ĺ acres?

 

Mark Barton:Yes, we have three 2 ĹĎs a five and a half and a ten and a half.

 

There being no more questions, Commissioner Conner made a motion to approve the drainage plan request for Barren Fork Subdivision, Second by Don Williams. Motion carried 2-0.

 

REQUEST-BROOKLYN RIDGE SUBDIVISION:

 

Jim Niemeyer:The next one is a request for reduction in Lake Maintenance in Brooklyn Ridge Subdivision. Mr. Bosma

 

Carl Conner: Is there a retention area?

 

Alan Bosma:Weíve got a 20-foot easement around there for maintenance and drainage right now, the two blue lines are where each street drains down through the lake there and what Iíve got is lot 22, who wants to build a house on lot 22 about a 65,000 square foot house and the lots so big that if I can get a 10-foot reduction there we wonít be infringing so much on the easement with the swimming pool and that stuff.

 

Carl Conner: Who has responsibility for the retention ponds?

 

 

Alan Bosma:The association.

 

Carl Conner:And you presently have a 20-foot? What is the standard in the community, Jim?

 

Mr. Bosma: yes

 

Jim Niemeyer: They are various widths.

 

Carl Conner:Based upon each project?

 

Don Williams:Have you looked at this one Jim?

 

Jim Niemeyer:Yes, I was out there Sunday.

 

Don Williams: Do you see any problems with a ten foot.

 

Jim Niemeyer:No

 

Don Williams:Do you recommend approval?

 

Jim Niemeyer: Yes

Carl Conner: And you were wanting 10-foot in both places? Is that correct?

 

Alan Bosma: Yeah, well, I was just going to take it all the way around, since itís all built on. We actually maintain it between 22 and 23 there, they come off right off the end of that road and do all the preparation to that lake, spay the weeds and everything, pumps and that.

 

Carl Conner:I would move we approve the request for Brooklyn Ridge Subdivision, seconded by Don Williams. Motion carried 2-0.

 

REQUEST FOR FENCE IN DRAINAGE EASEMENT-McCAIN:

 

Jim Niemeyer:†† The next one is for a request for a fence in a drainage easement by Ryan McCain.

 

Ryan McCain:Ryan McCainI live at 1766 Antiqua Drive, Newburgh.

 

Don Williams:Are these people in the easement (talking about neighbors) without our permission I take it. Sean answered probably.

 

Carl Conner:That probably is an issue that I would suggest that the surveyorís office follow up on is to find out if, in fact, the present fence was an issue that came before us, because I have some concerns about building across these easements where weíre looking a drainage, we have so many drainage problems in the community and I think we need to have consistency, so I would like to know exactly what that situation was down there.

 

Don Williams:Mr. McCain what type of fence was it you were wanting to put in?

 

Ryan McCain:Itís just a six foot tall, board on board fence.

 

Don Williams:Is it offset?In other words, itís not going to stop the water flow?

 

Ryan McCain:Yes it is offset and it will not stop water flow.

 

Don Williams:Mr. Niemeyer, do you concur with that, do you know what he is wanting to do? Do you see any problem with that stopping the water flow on that, weíre not talking about a legal drain here, weíre talking just a natural water shed.

 

Sean Owen:From what Iíve seen I went out and took the pictures. He is at the very top of a hill, itís 4 houses that are put right together and there is no drainage coming down at least across his property that,s not just from his basically his house and the person behind him. All the street drainage and everything drains away from it, there is nothing coming down that hill from uphill or anything.

 

Don Williams:What is your recommendation, the surveying department?

 

Jim Niemeyer:Well, I feel like it could be built, but with some reservation that if maintenance work needs to be done, the fence will have to be done at the owners expense.

 

Don Williams:Do you understand that Mr. McCain?

 

Ryan McCain:Yes, that is what I have had to do with everybody. Iíve had to get approval from Vectren , SBC, Adelphia and SIGECOM and they have all given me approval. My letters are in the mail and that is the agreement with them also, that if any problems occur it is my responsibility.

 

Don Williams:Well, I wanted to make sure that itís not a solid fence, it is one where water can go through it.

 

Ryan McCain:It will be built off the ground between 2-3 inches, the way the builder explained it to me, it wonít be anywhere near the ground and it is going to be right on the edge.

 

Don Williams:So it wonít restrict the watershed, then? I will feel more comfortable with that. Ok, do you have any questions, Mr. Conner?

 

Carl Conner:Yes, my question is, I would like for the surveyorís office to first determinethe fence that is presently in this picture, if the appropriate process was followed by the resident in regards to having that fence built there.

 

Don Williams:Do you have any questions for this gentleman, Mr. Conner?

 

Carl Conner:Not at this time

 

Don Williams:What is the will of the Board? Do you have any motion you would like to make?

 

Carl Conner: No, I do not.

 

Don Williams:Do you want to table it for the time being until we find out?

 

Carl Conner: I just think that we have many drainage problems in the community that we have to deal with and I think that we have to be very cautious in regards to approving structures within the Right-of-Ways and weíre just asking for additional problems and issues, but maybe we would not have to deal with. So, I would prefer to withhold my vote until such time that I find out that if your neighbors went through the appropriate process relative to putting that fence that they have up.

 

Don Williams:Is that fence on the ground or off the ground? I have much less problem with Mr. McCainís knowing that it is going to be 4-inches off the ground, as that would take out a lot of water that wouldnít be impeded.

 

Sean Owen: I didnít go back and inspect that one, I just concentrated on the one.

 

Carl Conner: Iíd like to have information in regards to that.

 

Sean Owen:Ok

 

Don Williams: Youíre not going to put that up next week are you?

 

Ryan McCain: This is the last thing Iím waiting on, everybody else has approved on it and I would like to get it up as soon as I can. Iíve got dogs in my new house and that is a lot of reason Iím wanting to build this fence.

 

Don Williams: Do you want to table it for two weeks until the surveyor does the research?

 

Carl Conner:If you want to table it, itís fine.

 

Don Williams: I donít think from what Iím hearing, weíre going to get it past today for sure, I donít have a problem with it, but I think Mr. Conner does, so what weíre going to do if I get a second, Iím going to make a motion that we table this for two weeks until we find out if this other fence is going any impeding, which Iím not sure it affects you in any way shape or form, since your at the top. Where is this located at?

 

Ryan McCain:Itís right off of Telephone Road.

 

Don Williams:Telephone Road, so weíre not talking about a heavy populated area there?

 

Sean Owen: Itís Sandals subdivision.

 

Don Williams:Sandals, the back side of Sandals.

 

Carl Conner: The subdivision that weíve had a great deal of problems and concerns and issues with, believe me.

 

Don Williams:Well, I will make a motion then that until they do the research we table this for two weeks, that would make it, the 22nd, weíll look at it again on the 22nd. If I get a second to that motion

 

Ryan McCain: Are they going to be the ones that will hold it up then, the problem with their fence?

 

Don Williams:I donít know that it will hold it up, we need to do a little research to see if their fence if impeding like I say, I donít know if I have a problem with it being off the ground like that. Iíd have more of a problem if you have a big dog getting under it though. Anyway I make a motion that we table it for a period of two weeks. Seconded by Carl Conner. Motion carried 2-0.

 

Don Williams:Sorry to hold you up but itís going to take two weeks.

 

PROJECT REPORTS:

 

ALLEN DITCH:

 

Jim Niemeyer:We have completed two studies, one is Allen Ditch repair project and weíre on target with that. We will begin toÖ.we should receive a full set of prints on the 24th, I left my schedule downstairs. Anyway, we expect to have everything completed by April 12 in terms of engineering and the rest of the study. We will begin to have a bid party on the 31st of March and expect to have it in the 12th of April.

 

IVY GLEN:

 

The next one is, I did have a preliminary report done by an Engineering firm to review the Ivy Glen area for potential problems. I havenít had a chance to review it with the Board and at this time I would like to do that. There are some mitigating factors out there but they can be addressed I believe. Coincident with the Ivy Glen project, we are working presently on the Howard-Williams Ditch as you know we finished the first segment of that in December, the total footage of that was in excess of 18,000 and we just started on the second phase on Friday morning about 11:00 a.m. and we have gone past Epworth Road and we are currently heading south and getting ready to go southwest towards the interstate. It is working very well, the fluid levels have dropped considerably.

 

Don Williams:Are you talking about the lake levels?

 

Jim Niemeyer:Yeah, the water levels in the ditch. The ditch levels have dropped two feet or more and are receding rapidly. The more we get done the faster it seems to go down. All of the duckweeds were very thick and the silt is about a foot and a half to two feet thick and itís coming along nicely. The ditch banks look good, they are pretty well tailored and relatively smooth. This morning we were going passed the Larry Duesch residence and water was really flowing nicely there, depending on what the weather does we should be pretty well along by the middle of next week. The hardest stretch of the journey is going to be in front of Deaconess Hospital, it is a big area, there is a lot of silt and rip-rap in it.

 

Don Williams:Are you talking about I-164 the side of it?

 

Jim Niemeyer: During when we conducted our bid party, there is a lot of silt built up in those big culverts and I think I am going to look at a way to remove it. Iím not quite sure how yet.

 

Don Williams:Sean with a shovel will work (laughter)or summer help.

 

Carl Conner: Jim, does that runÖI think that runs pretty much parallel to I-164 doesnít it? South?

 

Jim Niemeyer:Yes

 

Carl Conner: Now does that not go all the way back to the retention pond thatÖÖ

 

Jim Niemeyer: Thereís Interstate Office Park you know, it looks like there are three ponds connected back there, it goes (Howard-Williams) past those and continues and goes under the Interstate and toward Colonial Hills.

 

Carl Conner: Okay, now part of that ditch, does it not handle water from Vanderburgh County underneath 164?

 

Jim Niemeyer:It does

 

Carl Conner:So basically, weíre going to clean out that entire ditch there?

 

Jim Niemeyer: Yeah, I left one segment out because there is a matter of getting permission to go behind the storage rental units there off of Outer Lincoln and 164, I Ďm not having any success in getting replies, but Iíll keep at it. There is an agreement made some years ago in 1999-2000. I canít find it and itís not recorded either.

 

Carl Conner: What is in the agreement or what is supposedly in the agreement?

 

Sean Owen: Itís supposed to be a maintenance agreement where Jon Mattingly agreed to maintain that portion of Howard-Williams Ditch, if we let him keep his fence. His fence is within a foot and a half to two feet to the top of the bank, but we cannot find a copy of the agreement to see what the wording is on ďmaintainĒ. He says that he has been maintaining it, but he has basically been just spraying it keeping the weeds down, but there is silt built up in the bottom of it that we need to take care of.

 

Don Williams:Have you talked to the auditor to see if they have an official record of that, they might.

 

Sean Owen: Weíve got it in the minutes but we donít have an official copy of the actual agreement.

 

Carl Conner:Let me ask this, is it a Legal Drain?

 

Jim Niemeyer:Yes

 

Carl Conner:And what your saying is that we gave him permission to put a fence within the normal 75-foot Easement that weíre entitled to.

 

Don Williams:Actually, our predecessors did.

 

Jim Niemeyer: Itís within 3-4 feet of the edge of the ditch.

 

Sean Owen:I think they actually reduced it. Some of his buildings are within the 75-feet, they reduced it to 50-feet, I believe. His buildings are right outside of 50-foot drainage easement and then he has the fence and a whole bunch of other stuff parked in the rest of it.

 

Carl Conner:Iím just wondering if maybe that is why he is not responding to your inquiries. Maybe in actually there isÖ.

 

Don Williams:I know Mr. Mattingly, Iíll contact him if we have to on behalf of the Board.

 

Carl Conner: Because Iím just wondering if in fact there is anything in writing.

 

Jim Niemeyer:Iíve heard from one party, no, but I donít know how he knows, butÖ

 

Don Williams:But on Public Record does he agree to maintain that ditch?

 

Jim Niemeyer: I didnít see it.

 

Sean Owen:It was in the minutes that they were going to approve that agreement, but it doesnít actually state what that agreement actually says.

 

Don Williams:Does the minutes state that they actually approve the agreement or does it say they are just going to?

 

Sean Owen:I need to look at it again, but Iím pretty sure that it said that they approved the agreement.

 

Jim Niemeyer:Iíll send you a copy of all those minutes, or send one to Mr. Zengler.

 

Don Williams:How much Right-of-Way do we have on the west side of the ditch?

 

Sean Owen:Thatís Vanderburgh County.

 

Don Williams:Itís right on the line. Is there an obvious easement on that side, just out of curiosity?

 

Jim Niemeyer:I donít know, itís pretty tight in there. There are apartments right next to it.

 

Sean Owen:Those apartment buildings, I mean as Warrick County, do we have the ability or the right to go onto Vanderburgh Countyís property, even though it is a regulated drain?

 

Don Williams:No, I would think that would be a matter for the Vanderburgh-Warrick County Joint Drainage Board. We have joint drainage as I am on that Board, as a matter of fact, I think Iím president of that Board. I think we met one time to declare the officers and that was about it. But, anything that borders Vanderburgh County, it is the centerline of the ditch, it is indeed the County line, which is what youíre telling me. I think then that should be a joint project and we probably ought to get ahold of their Drainage Board, course I donít know who would be on it now, because the Commissioner that was on it went out the year before last.

 

Jim Niemeyer: Iíll get ahold of the surveyor.

 

Don Williams: Unless Carl has an objection, I would suggest that you contact their surveyor and see about a joint project on that section.

 

Jim Niemeyer:It needs to be done.

 

Don Williams:And if they can do it from their side, great.

 

Jim Niemeyer: They can do it from our side, the only thing is they are going to have to do it with a long reach.

 

Don Williams:Well, from this area, that fence can come down and go back up, itís a chain length fence if I remember right, cause I was out there when we put the culvert in there about three years ago on the County Line at Lincoln.

 

ELBERFELD INDUSTRIAL PARK:

 

Carl Conner:Right, we tore that up and put it in there. One other matter Jim and Iím sure that Iíve asked you this, what is the status of the Legal Drain through the Elberfeld Industrial Park?

 

Jim Niemeyer: I need to start on that, I think itís going to be a dry weather project because by reason of its location.

 

Carl Conner: So when we get that completed then our commitment to that Legal Drain will be completed also.

 

Jim Niemeyer: Yes

 

CLAIMS:

 

Don Williams:We have claims in the amount of $26,673.39, are there any questions on the claims? Do I have a motion to approve the claims?

 

Carl Conner:I would move that we approve the claims in the amount of $26, 673.39.

Don Williams seconded that motion. Motion was carried 2-0.

 

Don Williams:Any other business, Mr. Surveyor?

 

Jim Niemeyer: Not that I know of.

 

Don Williams:You folks have been setting there very patiently, would any or all of you like to address this Board, if you do come and state your name and your address.

 

BARRENFORK SUBDIVISION:

 

Vickie Gentry:My name is Vickie Gentry and itís about the lake, when they are talking about the drainage around and stuff like that and they are going to drain in south, I mean what exactlyÖ...how is it going to drain it? Did it say?

 

Sean Owen:Itís just the emergency overflow for the lake, itís not that theyíre actually have all their houses draining into the lake.

 

Vickie Gentry:†† That is what I was concerned about, because my property is right next to it. That is why I am wondering where that drain is going to go.

 

Sean Owen:Theyíre not using it as a retention pond.

 

Carl Conner:Sounds like to me your ok, Vic.

 

Sean Owen:†† The lake should be just about the same as it is now.

 

Carl Conner:Knowing you, Vickie, you would come and look for me, cause I know your going to look for me anyway (laughter).

 

Vickie Gentry:Well, that was my concern, cause Mark met with them yesterday and talked to them and they were going on about the lake and you said that they were going to drain it south. I know our ground is kind of west butÖ..

 

Don Williams:With the lots that big there shouldnít be any noticeable change.

 

Carl Conner: There shouldnít be any water draining to begin with, theyíve only got two in there at 2 Ĺ, the rest of them are all about the same.

 

Vickie Gentry:If I have any problems, Carl, Iíll come looking for you.

IVY GLEN SUBDIVISION:

 

Sue Harkins:Sue Harkins, Ivy Glen Subdivision. I know that heís really been working hard and talking about that ditch drainage and you said something about it was going to go around and through Colonial Hills to Epworth Road.

 

Jim Niemeyer:No, the Howard-Williams Ditch goes to the west side of Colonial Hills and there is a row of homes where they all drain into it.

 

Sue Harkins:In the Colonial Hills homes that drains into that.

 

Jim Niemeyer:Behind there is a row of homes that back up to each other, itís right there at the entrance where you come in from the north and the first left you can see where there is a wooden construction wall and the water turns there and heads south, then it meanders around to the subdivision and it eventually gets to Howard-Williams Ditch, thatís where it goes.

 

Sue Harkins:Okay, the houses thatís going to be built at Sterchi Subdivision, thatís going to be to the south of the retention pond in Ivy Glen, are they going to be required to have a retention pond for that section of those houses?

 

Jim Niemeyer: The new development that is being planned south of Ivy Glen, we havenít received anything yet.

 

Sue Harkins:Well, theyíve got all their streets, you know and lots.

 

Jim Niemeyer:Oh, Sterchi.

 

Sue Harkins:You know theyíve already got that little pond that drains into ours and itís about a third the size of ours and that is when ours started overflowing, when they put their drain into the one in front of our house. So, if everything is going to drain from those houses in that little pond of theirs thatís draining into ours, I just want to know how their water is going to get out of there when they start build back there.

 

Jim Niemeyer:Well, itís just like its doing now cause there is only one retention pond on the southwest part of the development there.

 

Sue Harkins:Are they not going to be, with all those houses required to have a better drainage?

 

Sean Owen: It was approved that way previously for all this.

 

Sue Harkins: And it got approved to drain into our pond?

 

Jim Niemeyer:Yes, it did.

 

Sue Harkins: Without any knowledge of our subdivision.

 

Jim Niemeyer:Well, they had knowledge of it, that was the point of the thing the survey is to see what kind of mitigating circumstances there are and we just made a cursory look at it and there are or appears to be some inconsistencies and that is kind of where I am at right now. We will review it with the Commissioners to get their opinion and their direction on it.

 

Carl Conner: My understanding, Jim, and correct me if I am wrong, but is that not a part of the study that you are presently doing to begin with to see if they were built to the approved standard.

 

Don Williams: Thatís one of the things that weíre not sure of, Mr. Sterchiís lake, if it is as deep as it is supposed to be.

 

Sue Harkins:I donít think that itís very deep, because it doesnít have to rain very much and the water just runs over like a waterfall.

 

Don Williams:I was over there with the surveyor 3 to 4 weeks ago, the last time it had a good rain and saw it coming through.

 

Sue Harkins: Well, I think I called you and you came.

 

Jim Niemeyer:We saw it and took pictures of it.

 

Carl Conner: So, we have drainage problems in, well basically, from 662 west of Epworth Road from there going north which includes the place that you live, Ivy Glen and in addition to that with Colonial Hills and they are working now in regards to doing an evaluation of that entire area. I donít know if you heard us discuss a while ago about his update in regards to cleaning out, that is all a part of that project, so really we do not, I donít believe have that study completed and have sufficient information whereby we can say, we need to make or have revisions made by the builders in that area or if they are in compliance or they have more homes in there than they initially submitted relative to the drainage plan, right now weíre still I guess in the study phase and so we canít give you any definite answer, but I do want you to know we are actively involved and trying to eliminate those problems in there.

 

Don Williams:As a matter of fact, weíre committed to resolving your issues and hopefully weíll find out.

 

Sue Harkins:Itís frightening when the rains are coming.

 

Don Williams:†† I believe really in the next 24 hours might just tell us how Howard Ditch digging has helped. Well, with the rain coming if cleaning out the ditch has helped then that lake level should not rise as much as youíve seen in recent weeks. I donít think we need a lot of rain, but we should know something by tomorrow.

Jim Niemeyer:If it doesnít rain until Friday, itís possibly we could be up to the Interstate as they are moving along pretty quick.

 

Sue Harkins: They are working now up Epworth Road, we came up that way and they were digging.

 

Sean Owen:Yes, that is Howard-Williams Ditch, that is what your retention pond drains into.

 

Don Williams:So, once we get that entire ditch cleaned out, that may completely resolve the issue, but we donít know that yet. We will soon see.

 

Carl Conner:See, thatís one of the reasons that and I hate to be difficult to get along with, but the gentleman that wanted to build a fence, I mean we have to be very cautious because drainage is one of the real priorities we have to deal with on a daily basis.

 

Sue Harkins:Thatís why I donít understand, I guess how Sterchi Homes got approval to build such a large number of houses in there with this one pond that is a third and probably not anywhere as deep as ours and we never had any problem before, ever. That pond was sufficient to carry the water from our 31 houses in our subdivision and we came through some pretty heavy rains over the 97 when we bough our lot.

 

Carl Conner: I think if I recall correctly, the developer that was involved in that and to the best of my knowledge 99.9 per cent of the time and Iím not saying this as a negative about Sterchi, but the people that developed your area generally try to do everything possible to do things right and they do quality work.

 

Sue Harkins: Well, it was Barrington, because we bought our first lot from him in there and we wanted a lot that faced the lake and they were all sold, there are only five, so we bought one behind on the next street and it was told to us when we bought the lot that that retention pond belonged to the subdivision, Ivy Glen and somehow, we donít know how or when it got transferred to someone else, privately owned. Which I didnít understand, Iíll never understand that.

 

Carl Conner:Do you have an association?

 

Sue Harkins:Yes, we did.

 

David Zengler:I formed that and itís been quite a few years ago, ten years ago.

 

Sue Harkins:Then the other thing and this man wanting his fence, he issued letters to Vectren and to SIGECOM and you know they had no problem. Well, to my knowledge there was no letter or anything for this drainage thing to come across that Vectren Easement back there to get that. I guess there are a lot of questions.

 

Carl Conner:And we are in the process of addressing your issues as youíre well aware of and we will continue to do that until it is resolved as Don said.

 

Sue Harkins: We appreciate that. I donít want water in my drive-way or garage especially when it keeps getting higher.

 

Carl Conner: I understand as I wouldnít want it in mine either.

 

Sue Harkins: Thank all of you for all of your support.

 

Harold Harkins: I just want to add one thing there, you said it was approved that whoever owned our subdivision or owned that lake, it is my understanding that Mike Schultz bought that lake. If he was the one that bought it then wouldnít he be the one that had to approve the deal for the water to come through from Sterchiís over there?

 

Carl Conner: I donít know how that retention pond really, because basically thatís what weíre talking about. I donít know how that retention pond was even put into the hands of a private individual, thatís why I asked if you had an association, because generally the association owns and maintains.

 

Sue Harkins: The association did have that at the beginning, the lake as far as I know because it was told to us by Mr. Barrington when we bought our lot.

 

Carl Conner: Itís a beautiful little lake.

 

Sue Harkins: It is and we have tried to keep it nice.

 

Don Williams:You might go down to the Area Planning Office and have one of the ladies there pull out the plat and see if it is platted as part of the subdivision.

 

Sue Harkins:It was at the beginning.

 

Don Williams:Well, then only the subdivision as a whole could sell it off, I would think. You need to go down and ask in the Area Planning. I think that would be a good question to ask them about the lake and if it is part of the drainage, then how could it be sold off.

 

Jim Niemeyer: It is a part of that drainage.

 

Don Williams:Thatís what Iím saying,if itís platted I donít know that it can be bought if itís part of a platted subdivision.

 

Sue Harkins: Well, evidently it was bought for a dollar, it is what he said, I bought it for a dollar and you can check as it is recorded.

 

Don Williams:Well, the question is, you know I can sell you a lake for a dollar too if I donít know you donít have anything. I would check with the Area Plan Commission.

Sue Harkins: We do maintain the mowing in the front, our subdivision pays for that all summer.

 

Harold Harkins: Several months back, Mike Schultz had that lake listed in the multiple list for $40,000.00, for whatever value that is.

 

Sue Harkins:Who would want to buy a lake with no land?

 

Don Williams:†† If that is indeed the case, I would certainly check with Area Plan and see if that is a platted part of the development and if it is, I donít think it can be sold.

 

Jim Niemeyer: Well, it is part of the Drainage Plan.

 

Harold Harkins: It itís sold what can you do about it?

 

Don Williams:Well, the fact is, what Iím saying is, I donít think it can be legally sold. I donít know butÖÖÖ

 

David Zengler:I donít know how it can be sold if itís part of the plat either.

 

Don Williams:You need to go downstairs and ask for Mrs. Rector to ask her that question and she should be able to answer it for you as I am not sure it can be sold. For instance, who sold it?

 

Sue Harkins: Mr. Barrington turned the subdivision over to Mr. Schultz to finish the subdivision, so they said.

 

The Harkinís thanked the Board and Mr. Niemeyer for all they have been doing for them.

 

The Board stated that was what they were there for to serve the public.

 

Don Williams:Is there any other business to come before the Board, I would entertain a motion to adjourn.

 

Carl Conner:So moved. Don Williams seconded the motion. Motion carried 2-0. Meeting Adjourned.