MAY 24, 2006



107 W. Locust St. Courthouse Suite 303

Boonville, In 47601





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


Minutes were recorded and transcribed by Cheryl D. Embry.


Audience attendance was Marco Delucio, Mark Faris, Pam Faris, Ron Bacon, Zachariah L. Duggins, Bill Bivins and Rick Mills.





Phil Baxter: The first order of business is the approval of minutes for May 10, 2006.


Carl Conner: I would move that we approve the minutes of May 10, 2006 as presented.


Phil Baxter: Iíll second it, all in favor state by saying aye.


Both members voted aye. Motion carried 2-0.




Phil Baxter:On Allen Ditch we opened the bids last week and had three bidders, Bigge Excavating, Blankenburger Brothers and Stemaly Excavating and Bernardin Lochmeuller has suggested that we go with the Bigge estimate which was, well they turned in $103,000.00 but the actual price was $103,500.00, is that correct, Jim?


Jim Niemeyer: Thatís correct.


Carl Conner: That is for Allen Ditch?


Phil Baxter:Yes


Carl Conner: Do you need a motion, Mr. President?


Phil Baxter: Yes sir.


Carl Conner: I would move that we award the contract for Allen Ditch work to Bigge Excavating in the amount of $103,500.00.


Phil Baxter:Iíll second that, all in favor state by saying aye. 2 ayes. Motion was carried.




Phil Baxter: Okay, Drainage Plan Approval, we have Otter Creek Subdivision Phase III.


Jim Niemeyer:Bill, would you state your name please.


Bill Bivins:Bill Bivins, Engineer for the Eby Road properties. Last week at last meeting you continued our subdivision, they are 2 Ĺ acre lots for some concerns of Mr. Bacon as to what we were going to do on drainage control and what his problem was on drainage. I have some calculations for you gentlemen to look at as to whatweíre doing with drainage out there. (he took a plat up for the members to look at) I also have an aerial photo showing the area that drains through Mr. Bacons property, what you see in front of you there is 19.64 acres out there which is roughlyÖÖ..its wooded and brush on it which has a collation of drainage of .4, if you look at the second page after we put the streets in, houses and the yards, we reduce the co-efficient run off down to .378 and based upon five inch intensity storm you can see that weíre reducing the runoff by about 2 cubic feet per second. I took the liberty of looking at Mr. Baconís property, if you look at this map he is the pink and this is our property right here (pointing out on the map) that weíre trying to re-subdivide right here. There is150 acres that drains through Mr. Baconís property and of that we are only 16 acres. We are controlling our runoff to less than what was there after we build our subdivision, so we are just a portion of his problem as far as water is concerned.


Carl Conner: Where is Ron located since this is Dogwood Lane?


Mr. Bivins pointed out where Mr. Baconís property was.


Bill Bivins:With this property we are actually not touching him with this portion of our subdivision but some of this water does drain to that ditch, all the rest of this water will drain and wonít affect his property.


Carl Conner: Has Ron looked at this?


Ron Bacon stated that he had not seen the map that Mr. Bivins was showing the Board.

Mr. Bivins pointed out to Mr. Bacon what he had shown the Board as to where it drained.


Bill Bivins:Off of what weíre doing, this portion right here, just this 16 acres actually runs into that ditch, we are actually reducing the runoff by going to yards versus trees, I mean versus woods, the co-efficiencies will be less once you put it in yards.


Ron Bacon:Okay, I wonít disagree with you because Iím not an engineer and I donít really know, but itís not definition of brush, you know woods is grown up, thereís more green in there now than there would be in a yard. I mean you canít walk through there hardly because it is so thick.


Bill Bivins:Yes, now, but in the winter it is going to be a lot less.


Ron Bacon: Yes, this is true because I can see all the way through it in the winter time.


Jim Niemeyer: Did you have any plans in your erosion control plan or any statements?


Bill Bivins:Yes, the subdivision which is approved by the Planning Commission has erosion control and this is the standard language that they want for erosion control. This is on all subdivisions, we are required to keep runoff controlled and typically when you put a house on 2 Ĺ acres, whether itís a cultivated field or a wooded field you are going to reduce the runoff due to the amount of grass that you use and again I only use 1 acre of grass for each of these lots. I feel comfortable that what we are doing will not increase the runoff if anything it will reduce it.


Carl Conner: Ron, do you have a lot of problems now?


Ron Bacon:Well, only when it rains really hard, when we get a hard heavy rainÖÖ


Carl Conner: Not routinely then?


Ron Bacon: Not routinely, no. We have done a lot of work to fix part of the problems and as I said we are in the middle of this whole 1600 acres that drains into that. I showed Jim one side of Dogwood Lane and how we are working on the erosion control down there. My only concern was what it was going to do, I donít necessarily feel that it is going to make a difference, but no one had addressed it or talked about it so I really wasnít sure of what would happen. I just wanted to address it so that I wouldnít have a problem or at least any more than Iíve already got.


Phil Baxter: Any other questions, Mr. Conner?Have anything, Jim?


Jim Niemeyer: I would just like to say that I did go down there to look at his place and he has done a really wonderful job on it and heís really controlled it well and I gave him some advice on some other problems that was beginning to develop and I think if Ron takes care of that it will take care of it and the erosion control plan that Bill has ought to go along with preventing any problems.


Phil Baxter: Would you like to make a motion. Sir?


Carl Conner: I would move that we approve the Otter Creek Subdivision Phase III drainage plan as submitted.


Phil Baxter: Iíll second that. All in favor state by saying aye. 2 ayes. Motion carried.




Rick Mills: ††Afternoon, Iím Rick Mills with Mills, Wallace and Associates representing Bantarra Bank.


Jim Niemeyer: Would you care to describe your property and your project?


Rick Mills:†† Weíve got about .9, 4 acres I believe it is at the corner of Haley and Peachwood that we plan on developing into a commercial bank. Weíve submitted retainage calculations and a drainage plan for your review.


Jim Niemeyer: This is near the Buehlers Supermarket and itís on the north side of I guess their gas station there.


Rick Mills:Yes sir, an empty lot, I think thatís correct. Weíre on 261.


Carl Conner:So your north of Peachwood Drive over close to the Medical Office Building, is that correct?


Rick Mills:Right next door.


Jim Niemeyer: How did you design retention on that for what year?


Rick Mills: I utilized Doug McDonald to do that calculation, Iím not sure I know how to answer that question, I think he looked at ten yearÖÖ..


Jim Niemeyer:Oh, looking at the plans he did a hundred year storm.


Sean Owen:Hundred year storm with 10-year release which is about and beyond our 50-year storm and 5-year release.


Carl Conner: Jim, do you have any problems with the plans as they are submitted?


Jim Niemeyer: No, everything was pretty well worked out I guess, when the original plat was developed, so we donít see any problems.


Phil Baxter: Any other questions?Would you like to make a motion?


Carl Conner: I would move that we approve the drainage plans as submitted for the Banterra Bank at the corner of Peachwood and Highway 261. Phil Baxter seconded the motion. Motion was passed 2-0.






Jim Niemeyer: The next item on the agenda is Victoria National Golf Course concerns removal of a culvert that is purported to be the cause of flooding in periods of heavy rain. I drove out there and there is another way to avoid use of traveling over that culvert, I didnít bring a photo, but in the maintenance area of the golf course there is a dam that goes across a small pond and it leads up to the golf cart path and I drove my pick-up up there and I didnít have any trouble getting up there, but I did have a problem getting out as my pick-up was too long. There could be another avenue there if the culvert were removed if you would cut a road from the dam site area to the left or west and then reconnect onto the cart path. I just didnít see any real problem.


Phil Baxter:Has anyone approached anyone at Victoria?


Jim Niemeyer: About that?


Phil Baxter: Yes


Jim Niemeyer: No, this is something that came upÖ..I didnít talk to the Victoria people about that plan because Carl is going to have a look at it and if wants me to go that would be fine.


Carl Conner: I would like to table the request until I have an opportunity to go out and take a look at that and I think we do have a letter back in response to the one that we had sent them basically ordering them to remove it. So I guess Mr. President that I would move that we table this until the next meeting.


Phil Baxter: We have a motion to table until June 12th? Is that right? June 14th is the next meeting.


Carl Conner: I will be out there to take a look at it before the next meeting.


Unidentified man: And I appreciate that, if I could just add a couple of things.


Jim Niemeyer: Excuse me, would you state your name for the record please.


Marco Delucio:Excuse me, thank you Mr. Niemeyer, My name is Marco Delucio and Iím with Ziemer, Stayman, Weitzel and Shoulders and I represent Mark Faris, the property owner that is involved in this matter. I would only like to point out that with respect to the questions of Victoria, we have been in communications with Victoria, probably since the flooding occurred last November, certainly I have. I sent a letter out in February trying to get them to address this before we ever came to this body and I believe a letter has gone out asking them to remove that and they responded and nothingís happened. The concern that we have is property owners in that area is that if there is another storm there is going to be more flooding and so we would certainly appreciate and realize you havenít had a chance to go and visit the site yet, but would appreciate whatever you can do to move the matter along, so they donít have to put sand bags up again.


Carl Conner: Sure, well as far as Iím concerned as one vote, I mean I will be prepared to take some kind of action at the June 14th meeting, if I can have that time between now and then.


Phil Baxter: We have a motion on the floor to table it, Iíll second it.


Motion was made and seconded. Motion passed 2-0.




Jim Niemeyer:The next item is a request by a Mr. Zach Duggins to encroach on a drainage easement for the installation of a fence in his back yard. Would you state your name please.


Zack Duggins:Iím Zach Duggins, owner of lot 374 in South Broadview Section B. Iím requesting to install my privacy fence on some of the drainage easement. I have pictures of where I was going to put the fence, if you would like to see them.


Phil Baxter: I think we have some here.


Zach Duggins:Okay, I just drew it out with the fence on there to put it in more perspective. ( He gave a copy to the Board) I realize it is important for the water flow to the neighborhood so I wanted to put my fence up two inches higher above the ground to help with that and to try and stay out of the ditches as much as possible as high up as I can get it.


Carl Conner: I think that the County ordinance isnít it Jim, rather specific relative to fencing or any type of obstacles being put into a drainage easements?


Jim Niemeyer: Yes, but in this case there are fences on both sides and it is adequately drained in all directions. There is a nice swale behind it on his lot and it slopes north and south kind of like on a breaking point and there have been no problems out there at all.


Carl Conner: So, what you are saying is you do not have a problem with us waiving the requirements and allowing the fence to be built.


Jim Niemeyer: No, I donít.


Carl Conner: Answered all my questions.I would move that we approve, is it Zach Duggins request for encroachment into the drainage easement for the purposes of building a fence. This motion was seconded by Phil Baxter. Motion was passed 2-0.


Zach Duggins asked if he needed to get some paperwork. He was told that we would inform the Area Plan Commission with a completed form signed by Mr. Niemeyer.


Carl Conner: I do have a question about that. Do you have to have a building permit to build a fence or a patio?


Sean Owen:Itís an improvement location permit.


Carl Conner: Okay, so then he will have to get a permit?


Zack Duggins: That is why I want this as I already have all my other letters from the utility companies saying that it was okay.Thank you


The Board thanked Mr. Duggins.


Jim Niemeyer:Weíre supposed to have one also in Wyntree Villas, but I donít see anyone here.


Sean Owen:I spoke with Mr. Wallace two weeks ago and he was planning on being here.


Carl Conner: If he is not here and there is not representation, I would move that we table the request.


Phil Baxter seconded the motion. The motion was passed 2-0.




Phil Baxter:We have claims.


Jim Niemeyer: I think we do.


Phil Baxter: Yes, claims in the amount ofÖ.I donít understand here. Is that $11,016.00?


Carl Conner: Itís got a comma in the wrong place.


Cheryl told the Board that the correct amount is $1,016.21.


Carl Conner: Okay, $1,016.21. I would move that we pay the claims as presented totaling $1,016.21.


Phil Baxter seconded the motion. The motion was passed 2-0.


Phil Baxter: Is there any other business to come before the Board?


Carl Conner: Other thanÖ.I justÖno thatís really a County Commissioner issue, so no I have no business.


Phil Baxter:May I have a motion to adjourn, please?


Carl Conner:So moved


The motion was seconded by Phil Baxter. The motion passed 2-0. Meeting adjourned.