APRIL 12, 2006

3:00 P.M.



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


Minutes were recorded and transcribed by Cheryl D. Embry.


Audience attendance was Delores Freudenberg, Charles Freudenberg, Anthony Long, Gerald Lewis, Allan Holweger, Jim Farney, Jim Morley, Jr., G. Michael Schopmeyer and Elaine M. Shoppe and Joann Durling.




Don Williams:  Warrick County Drainage Board for April 12, 2006 is now in session, the first item on the agenda is the minutes of March 22, 2006. Have you gentlemen had a chance to look at the minutes?  Do I have a motion?


Phil Baxter:  I move that we approve the minutes of March 22, 2006.


Don Williams:  Do I have a second?


Carl Conner:  Second.


Don Williams:  I have a motion made with a second all those in favor state by saying aye. (All members voted Aye)  Motion carried 3-0.




Don Williams:  The next item opening bids for Allen Ditch. Cheryl, we’re getting a lot of feedback, could you turn the master one down just a little counter clock wise, thank you, that’s better.


Jim Niemeyer: With regard to Allen Ditch, we did not receive any submittals to complete the work.


Carl Conner:  Unless the Attorney for some reason feels that it is inappropriate what I would like is to make a motion that what we do is go out for bids once again and re-advertise.



Don Williams:  I’ll second that motion.


David K. Zengler:  That is appropriate.


Don Williams:  Okay, motion has been made and seconded, all those in favor say aye.

All members voted aye. Motion carries 3-0. We will rebid that Mr. Surveyor.






Don Williams:  Drainage Plan Approvals, Engelbrecht Place Section II.


Jim Morley, Jr.:  This is an amendment to the original drainage plan and at the next meeting you will get amended road plans. As you see Park Place Drive that runs parallel to 261 kind of on the right hand side there, it used to come up to tie into Vann Road and originally when the primary was platted, the thought was that the gas main was going to be re- located in that area and lowered, that never happened. It is not going to happen after all, so that gas main is in the way of extending that road on through and it is a pretty good sized gas transmission line that runs along Vann Road. So, the developers are requesting that we change that on the road plans but that’s where the drainage stuff comes from. So it is a modification there and then along Park Place Drive behind the Apple Center there is a roadside swale along the Apple Center that we’re piping also along through there and I think on one of the cul-de-sacs, the second one, we moved a low point down one lot line.


Carl Conner:  These are just basically minor revisions as a result of that gas line running through there?


Alan Holweger:  The original road way that we put in, they let us pour two-foot of concrete over the top of it and we got almost down to it and originally they were going to re-locate that gas line and dig it deep so that we could run that street out. Well, then they decided to go a different direction so they didn’t need to, so the gas line is higher than  Vann Road and for us to come off of that thing to get over the gas line we would have had to have a 45 degree angle to get up over that gas line.


Jim Morley, Jr.:  But the retention basin stayed the same and the outlet stayed the same, it is just the internal drainage that changed.


Carl Conner:  All right


Alan Holweger:  Then north of the Apple Center that ditch was going to be too deep I thought and wouldn’t look good so we’re spending the money to cover it in and put surface drains they will look a whole lot better and will be easier to maintain. I think the ditches were like 3 ½ foot deep at the deepest point of the far east end and it just didn’t look good so we’re putting pipes in and filling it in, it will still get rid of the water.


Don Williams:   Mr. Morley, is that from where the intersection of Taylor Drive on west end?


There was a lot of discussion with all parties talking at the same time on different subjects, so the answer to Don’s question was inaudible.


Don Williams:  Any questions from any of the Board members? Mr. Surveyor, do you have any input, recommendation?


Jim Niemeyer:  I recommend we go ahead with it.


Don Williams:  Okay, what is your pleasure gentlemen?


Carl Conner: I would move that we approve the revised drainage plans for Engelbrecht Place Section II.


Phil Baxter Second


Don Williams:  A motion has been made and seconded, all in favor say aye (three ayes) Motion carries 3-0.


Mr. Conner asked Mr. Holweger about a guard railing that was supposed to be put in. He was told it was taken care of.




Don Williams: 


Jim Niemeyer:  State your name please and who you represent.


Jim Farney:  My name is Jim Farney and I’m with Bernardin & Lochmeuller.


JoAnn Durling:  My name is JoAnn Durling and I’m here to represent the buyer.


Mike Schopmeyer:  Mike Schopmeyer with the Law firm of Kahn, Dees, Donavon & Kahn.


Jim Farney:  We’re here for a subdivision that is referred to as Gilman Subdivision and it is coming to you later today for plat approval, it is 22.4 acres. It is located off of Stahl Road west of Epworth Road. The client has submitted a plan that calls for the construction of two retention basins at the north end of the project. It is a two lot subdivision, one basin on each lot, the two basins will be interacted, each of the basins is sized to accommodate 100 year storm, the outlet is sized for 5 year storm, the outfall rate is 12.8 CFS, the ponds are going to have slopes above the water at 6-1, there will be a safety ledge below the water and there is also a request for berms along Stahl Road and as you turn into the drive, so we’ve added two berms around the lake on the North and along the new frontage road. The maintenance of this facility will be by the owners of the lot, once the plan is accepted and the mowing of the grass and everything will keep it aesticitly pleasing will also be by the owners of the properties.


Don Williams:  How far are those lakes from Stahl Road?


Jim Farney:  About 60 feet I would say.


Don Williams:   And how high are the berms going to be?


Jim Farney:  The berms are like 3 ½ feet tall.


Don Williams:  Is there any plan for any decorative shrubs or anything like that, do you have any idea?


JoAnn Durling:   A landscape plan, yes there will be shrubbery and flowering shrubs along there.


Carl Conner:  I just have one question, you’re not asking for us to change the 75-foot as you did previously?


Jim Farney:   No, we are not.


Don Williams:   Mr. Surveyor, do you have any input?


Jim Niemeyer:  We had one change on the storm sewer calculation section, its line number 1.04


Sean Owen:  It was the 400 foot pipe, I think Jason had told you or you were going to get the updated plans thru him.


Jim Farney:  Yes, We’ve fixed that and I’ve already delivered it to your office.


Don Williams:  I would like to state that I appreciate the fact that you are designing it to a 100-year instead of 50-year required by our statute. I’m not so sure that shouldn’t be the County standard with all the drainage we’re having, so I just wanted to say I appreciate that as one member of this Board. What is the will of the Board?


Carl Conner: I would move that we approve the drainage plans as submitted.


Phil Baxter:  Second


Don Williams:  I have a motion and a second; all in favor say aye (all said aye) motion passes 3-0.




Don Williams:  Okay, Jim you want to take the discussion items.


Jim Niemeyer:  The next person is Jerry Humphreys and he has questions about Allen Ditch.


Mr. Humphreys was not present.


Don Williams made a motion that Mr. Humphreys be removed from the agenda until he reapplies, second by Carl Conner. Motion carried 3-0.


Jim Niemeyer:  The next item is Matt Finn from Field of Dreams Subdivision.


Mr. Finn was called and no one answered, so Carl Conner made a motion to remove Matt Finn from the agenda until he reapplies, second by Phil Baxter, motion carries 3-0.




Don Williams:  Right of Entry Relaxation.


Jim Niemeyer:  Mr. Frudenberg


Anthony Long:  Actually that should be Delores Frudenberg. She is the owner. My name is Anthony Long and Delores is here. She has asked me to speak on her behalf. We have drawings to submit. You may well be aware that Dee purchased what we used to know as The Homestead Restaurant now the Newburgh Family Restaurant. It was up and operational before the tornado. That portion of the building back on the drawing where it says existing building toward the south was totally destroyed in the tornado. They are now in the process of reconstructing and dealing with the space situation that they have. As you can see the present distance from the top of the bank of Willow Pond Ditch over to their building is about 56-feet on the front, some of this drawing might not be completely clear, this is the existing building and they are proposing in their construction that they be allowed to add a 20-foot addition on what would be basically the east side of the building, that would leave the County 36-feet from the corner of the building to the top of Willow Pond on the front and 60-feet on the back. I don’t know if Mann Ditch is a legal drain or not.


Jim Niemeyer:  It is


Anthony Long:  It is, the encroachment……when they first came to see me their abstract of course doesn’t reflect any 75-foot situation and I was not able to tell about Mann as to what it’s circumstance, but the building as it was originally constructed would obviously have been like 25 or 26 feet from Mann Ditch on the west side and about 32 feet or so on the east side. This is I suspect for the tornado coming through, this would be a situation they wouldn’t have been dealing with at this time, but as they are under major renovation, they’ve come before you at this point, if you have an easement there and as I said I couldn’t tell by their abstract, but I think those are legal drains. I know very little about drainage law and I thought the simplest thing would be to come and talk to you first.


Don Williams: Okay, either one of you can answer this question but if I am understanding you right sir, on the back portion near Mann Ditch the drawing with the slashing lines, that was the preexisting building is that correct?


Anthony Long:  Where it says existing building on it, that was there and was blown over by the tornado and also the front part on your drawings, I believe, my drawings are a little bit different. Yours has hash marks around the existing building, mine were hash marks all the way out to include the proposed addition.


Carl Conner: I guess my question is, Tony, are you building an entirely new facility?

So you’re tearing down the old one all together?


Delores Frudenberg:  No, we will use the front façade and build around it. We will have to adapt it to what we have left which is on the north.


Carl Conner: So, basically your question is whether or not you can go 20 feet beyond the existing footers towards Mann Ditch?


Anthony Long:  Up toward Willow Pond. I guess we’re also as a result of the extension would be making a similar request on Mann, but we’re not going any closer to it, its just farther to the east in what might be…….


Don Williams:  In other words, this area that’s got the 68-feet in it is not building, that’s just a distance marker


Anthony Long:  No, those are just marks to show the length there, where the open areas….


Don Williams:  So we’re not talking about this section?


Anthony Long:  No, we’re not going any farther south, the area right in here would be, if we extend this and if there is a 75-foot easement here, of course we would be in it off of Mann and then off of Willow Pond both.


Don Williams:  We’ve kind of…the things that were there before the storm, we have pretty well let those come back to the same place, have we not in the past with the house across from it.


Carl Conner:  I guess, Tony I don’t have any, course your not asking for any additional back here on the back side, over here on the east side, now refresh my memory, your asking for how much additional?


Anthony Long:  To construct that proposed addition which is 20 feet along the entire east side of our building.


Carl Conner:  So then that would give us basically 60 and 36 is that right?


Anthony Long:  That is by the architects measurements.


Mrs. Frudenberg stated that Mr. Howard from Complete Design was the architect.


Mr. Conner made a joke about architects.


Carl Conner: Jim, do you have a problem with this?


Jim Niemeyer: No


Don Williams:  That 36-foot is going to be enough for us?


Jim Niemeyer:  Yes, we were already back there after the storm and cleaned that whole ditch out.


Don Williams: We won’t have to worry about it in our lifetime.


Carl Conner: We’ll have enough room in there?


Jim Niemeyer:   Yes


Carl Conner:  First I would like to make a comment. (he apologized for the joke he made and stated that it was inappropriate)


Don Williams:  Are there any other questions from the Board? The back part certainly will be grandfathered under what we done in the past, so what is the will of the Board?


Carl Conner:  I would move that we approve the request and the reduction of the 75-foot to the 60-foot, I think they are showing 60-foot and 36-foot at the front end on the legal drain.  Seconded by Phil Baxter, motion carries 3-0.


Mr. Long gave Mr. Niemeyer, Surveyor one of the drawings of the proposed restoration of the restaurant.


Don Williams:  Willow Pond, Stacer.


Sean Owen:   That would be Mr. Tubbs but he doesn’t seem to be here. I spoke with him at the last plat review meeting and he wanted on the agenda.


Don Williams:  Since there is nobody here to represent this, does anyone want to make a motion on this one.


Phil Baxter: I move that we take Willow Pond off the agenda.  Seconded by Don Williams. Motion carries 3-0.


Don Williams:  Mr. Dwayne Bivona request for fence in drainage easement at Wynbrooke Drive.


Jim Niemeyer: There is no representative here.


Don Williams:  I would also move that Mr. Bivona be removed from the agenda until he reapplies. Seconded by Carl Conner. Motion carried 3-0.




Don Williams:  Have you had an opportunity to look at the claims totaling in the amount of $16,255.36. I have one question on both items 1 & 2, are both those projects complete?


Jim Niemeyer:  Yes, those are finished.


Don Williams: Completed, okay. If there are no questions, I will entertain a motion on the claims.


Carl Conner:  I so move that we approve the claims in the amount of $16,255.36 for payment.  Motion seconded by Phil Baxter, motion carried 3-0.


Don Williams:  Is there any other business to come before this Board? Mr. Surveyor, do you have anything? Mr. Attorney, do you have anything? Mr. Conner? Mr. Baxter?


All answered they had nothing.


Don Williams:  I have nothing either, I would entertain a motion.


Carl Conner:  So moved that we adjourn.


Don Williams: Motion made that we adjourn, do I have a second? Phil Baxter seconded the motion.


There was a gentleman in the audience that wanted to talk to the Board


Jerry Humphreys:  Yes, my name is Jerry Humphreys and I was a little late in getting  here.

Don Williams told Mr. Humphreys to come to the podium and state his business.


Carl Conner: This was on Allen Ditch.


Don Williams:  I have to ask our Attorney, we removed this from our agenda can we go ahead and entertain that?


David Zengler:  I think you can put it back under Other Business.


Don Williams: Other Business, we would like to put Mr. Humphreys back on the agenda.


Carl Conner:  I move that we put Jerry Humphreys and Allen Ditch back on the agenda under Other Business. Second by Phil Baxter, Motion carried 3-0.


Jerry Humphreys:  It came to my attention just last Sunday that there was going to be work done on Allen Ditch and of course Monday and Tuesday, I got real busy trying to figure out what was going on. I live on 38 Williams Lane and I have no fee interest in the property adjoining that ditch and my only concern is what it’s going to do to the trees down near the river and I guess this is an opportunity for me to have a forum to talk about the situation that has developed in that area basically……


Don Williams:  We are well aware of that and we are taking action on that, your talking about the erosion?


Jerry Humphreys:  No, sir. I know that the ditch has to be repaired and they have to do what they have to do to get it done, I would just like for care to be taken and to leave as many trees as they can for two reasons one is for the esthetic value of the view blocking the residential from the industrial zone area there is absolutely no screening there at all and the residents along Williams Lane is just inundated with noise and dust and everything you can imagine and we have an industrial area right next to a residential area. I was on a zoning board in Newburgh for 13 years and I know that’s not the way you’re supposed to do business, but it’s too late now.  I wasn’t in the state when this happened or I would have been here talking about that. But, my concern with that said is if they take the trees all down we are going to have no buffer at all. We are just going to be like we might as well move over there and camp in their back yard because that is where we’re at right now. So I would ask that any trees that can be saved be saved and if there is some program in the conservation area where we could plant more trees it would be greatly appreciated. It is probably out of the scope of this project but if you lived down there you would appreciate it. That is really the only thing I have to say, Thank you.


Don Williams:  Thank you, when you re-bid this can you breech those two subjects with any….cause I think those are both valid requests.


Jim Niemeyer:  We won’t….no that’s no problem, we won’t cut any trees unnecessarily, we will only take down those that are leaning badly or about ready to fall. We won’t remove any root balls at all and we will take any trees that have fallen, all the debris, we are going to take all of that out of there. My plans are to grind it and remove it and then we’ll go ahead and fill in the areas that have been eroded and will use broken concrete and number one rip rap, three thousand tons of each is the calculated volume of material or weight of material that we need to install. We are very careful about what we damage or I mean……


Jerry Humphreys: I know you would be, I just felt like if I brought it to your attention that you might be more concerned, but I think the erosion is an issue for sure and the esthetics is an issue.


Jim Niemeyer:  Well, it’s unfortunate that it happened but it did and I have a set of plans here, construction plans that shows the amount and the depth of work that needs to be done.


Jerry Humphreys:  Do you have any…….that ditch has been there for many years and what caused it to start going now, do we know what the root of the problem is?


Jim Niemeyer:  I think one thing that occurred is that we had some tornados and we had some very heavy rains and the thing that we are experiencing throughout the County is a lot of new erosion due to the heavy rains. We’re getting like 6-8-9 inch rains and there’s also, I think we’re seeing the effects of development, there is a lot more area covered by impervious material so we’ve got a lot more runoff and like Mr. Williams said he appreciates the company that designed for the 100-year storm and we’re getting a lot of 50-year storm ranges and a lot between 50 and 100. So we may be at a point where we need to adjust the standards and rightfully so. We need to control runoff, that’s what our intent is.


Don Williams:  Thank you for coming, we will consider your input and we do appreciate it. Anything else to come before the Board? Would anyone else like to address this Board? Do I have a motion to adjourn?


Carl Conner:  Yes


Don Williams:  So I have a second?


Phil Baxter:  Second.


Motion carried 3-0. Meeting adjourned.