JUNE 14, 2006



107 W. Locust St. Courthouse Suite 303

Boonville, IN 47601




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 and Jim Niemeyer, Surveyor. Also attending was Sean M. Owen.


Audience attendance was Matt Wallace, Mark Faris



Minutes were recorded and transcribed by Cheryl D. Embry.




Don Williams:  Warrick County Drainage Board June 14th now in session. The first order of business is the approval of minutes of May 24, 2006. Have you gentlemen had a chance to look them over?


Carl Conner:  I would move that we approve the minutes as presented for the meeting of May 24, 2006.


Phil Baxter: Second.


Don Williams:  Motion made and seconded, all in favor say aye. Record it as two ayes and one abstention since I was not at that meeting.

The first order of business is easement requests.




Don Williams:  Wyntree Villa, Matt Wallace requesting encroachment easement, Are you Mr. Wallace, Sir? Okay, if you would state your name and address for us please?


Matt Wallace:  I am Matt Wallace with Morley and Associates, 4800 Rose Bud Land in Newburgh, Indiana. I would just like to take and minute and say I’m sorry, we were on the agenda for last time and I had to leave the office unexpectedly for a personal matter and I didn’t have the chance to call and let the Surveyor’s Office know I was not going to attend.

This project is a 40-unit condominium project there are quadplex buildings, so 4 units per building. The original intent of the development was that each unit would either have what the builder called a sun room or a patio if they elected to go with the smaller of the two units. He didn’t really sell a whole lot right away and now he is finding plenty of buyers, but they all seem to want a sun room and a patio. There is not a tremendous amount of room between the buildings and what they are asking for is permission to pour the patios on the South side of those buildings as you see on the plan. But it would stick out on the platted drainage easement. That easement was part of the original plat and we’re not taking any drainage to it. The only water down there is what falls on that area. We are collecting all of our downspouts and taking them back to the street to the storm sewer and into the basin. The driveways and things get diverted back again to the street and into the basin, so there’s not a drainage facility in the easement, but it is a platted easement and we wanted to do things properly, so we’re here today to ask permission to put the patio’s in.


Don Williams:  This isn’t a legal drain easement, it’s just a…..


Matt Wallace:  No, it is not a legal drain. The legal drain runs along the west property line, there is a 40-foot easement. But there is not even a swale or anything in this easement.


Carl Conner:  What is the footage of the easement, the present easement without the patio structure?


Matt Wallace:   I believe it’s a 20-foot wide easement all on our side.


Don Williams:  So, your going to want to go about 6-feet into it, is that correct?


Matt Wallace:  Yes, that is correct.


Carl Conner: So you’re going to leave us 14-feet?


Don Williams:  Is this going to be concrete or brick type patio or what?


Matt Wallace:  At this time they are proposing a poured concrete patio, but I suppose if a tenant…..I mean buildings not even begun construction yet. If an owner had requested a brick patio, maybe they would go with a brick paver, but……..


Don Williams:  We’re not talking about any kind of a walled patio or anything like that and in other words it would be fairly close to flush to the g round?


Matt Wallace:  Four inch slab flush with the ground.


Carl Conner:  Jim, what is the standard in the County is the County standard in this type of situation a minimum of 20-feet?


Jim Niemeyer:  That’s what I have seen most of.


Carl Conner: What’s your input relative to reduction from 20-feet to 14?

Jim Niemeyer: Well, I feel like it would be alright, but in the event that we need to do…get in there to do work to repair or whatever that it would be at their expense to remove it.


Carl Conner: So then we would have to go through the process of having a Hold Harmless signed or……


Jim Niemeyer:  We need an agreement.


Carl Conner: You answered all my questions, thank you.


Matt Wallace:  Newburgh sewer is also asking for a Hold Harmless type agreement and they’ve sent me to get one and I was just holding it in the event that you might ask for one too, I was going to have him execute them all at the same time.


Don Williams:  This is a platted developed easement, it is not a legal drain easement?


Matt Wallace:  Correct.


Don Williams:  And if my understanding is correct it is the subdivision’s responsibility to maintain that easement anyway, the County does not maintain these kind of easements.


Matt Wallace:  Correct


Carl Conner:  Apparently though the easement is for access by the County, correct, Jim?


Jim Niemeyer:  No, it’s not. Then I’ll withdraw my comment.


Don Williams:  I’m not sure why this is before us since it’s not a legal drain, it’s a platted easement, I guess, maybe that is the reason. But you’re not asking for…..well, I guess you are kind of asking for a variance.


Matt Wallace:  We’re asking for permission to encroach into it with a hard surface. Like I said there is not an existing swale or ditch in the easement today, so it is not being used for drainage other than what water falls into it.


Don Williams:  Does the Board have any other questions?


Carl Conner:  So, I should just strike your remarks, Jim?


Jim Niemeyer:  Yes.


Don Williams:  Okay, what is the will of the Board concerning Mr. Wallace’s request?


Phil Baxter: I move to approve the request for the encroachment of 6-feet of patio in Wyntree Villa’s Apartments.

Don Williams: Do I have a second?   Do I have a second? I’ll second the motion. All in favor say aye.


All three Board members voted aye. Motion was carried 3-0.




Don Williams:  Mr. Faris.


Marco Delucio:  Good Afternoon, my name is Marco Delucio and with me this afternoon is Mark Faris and we have been before you several times before concerning drainage problem and an unauthorized culvert that was installed near Mr. Faris’s home and on Victoria National Golf Course’s property. I believe when we have been here before that the County Surveyor has taken a look at the property and you have requested some additional time so that everyone could go out and take a look and make sure that they had alternate access if this culvert is removed. I think it has been determined that alternate access does exist to this property and we would respectfully request that the culvert be removed so the drainage can be restored out there and prevent flooding on Mr. Faris’s property.


Don Williams:   Okay, do you need an update on where we’re at basically?  Because we are moving in that direction, I thought you might want a ……


Marco Delucio:  Yeah, I think I do and I’d like to know where we were, but when we were here last month at the last drainage board meeting, there was an indication that the Commissioner’s might or the Drainage Board might be in a position to proceed today after they had had an opportunity to look at the site.


Don Williams:  I personally have talked to Ms. Freidman out there concerning the situation. They are not sure how the bridge got there, at least she’s not sure. Victoria has said that they would agree, right off the bat, to participate in anything that we need to do. I think that we have a couple of options, one is to tear out…actually we have three…tear out and do nothing, another one is that we have a very large culvert that we have that we can put in there, but first we have to make sure that it’s not undersized, we definitely don’t want to put another culvert in there that would impede it in any way and the other option is to tear it out with the possibility of a bridge across it. So that’s where we’re at and we’ve just got to size that culvert and make sure it fits before we do anything, but I don’t think…..I don’t know how the other two commissioners feel about it, but I don’t think we’re that far away from getting that taken care of.


Carl Conner: Just one question, as long as you don’t have the flooding anymore there, that’s the main issue, so if we have it sized properly by the engineer for purposes of replacing it, you don’t have a problem with it being put back?


Mark Faris:  No, the only thing that concerned me was that there are two big 8-foot culverts as you seen that are just like 50-yards downstream and we wouldn’t want a smaller culvert in front of that because of blockage there and that is my only concern. My other concern of course is that we’re anxious to move forward and have a resolution because of constantly watching the weather channel and making sure nothing is going to happen. We would like to have that…I think I showed you the picture of the barrier that we had to erect one time to keep the water out.


Carl Conner: I personally don’t have a problem with us going ahead and removing it and then at some point and time down the road replace it and Don is right, I mean we have several options. My preference would be to put the appropriate sized culvert in or we put in what we’re talking about is just a little steel span and Jim is looking into that price, so as far as I’m concerned, I feel pretty confidant that we can take it out of there so I make a motion that we go ahead and have the culvert removed and then we’ll deal with what we’re going to put in there at some point and time.


Don Williams:   Commissioner Conner, could you also include in that motion that if the culvert we have is the proper size that it be put in?


Carl Conner:  Oh, yeah, I don’t have a problem with whatever option that we do, I would prefer that we have something there, whether it’s a steel bridge to walk over or whether it’s a culvert.


Don Williams:  Cause we can do that I think with County workforce without a lot of expense to the taxpayers.


Mark Faris:  You say you have an existing culvert?


Don Williams:  We just pulled a…I don’t know what size it was out of Coal Mine Road, but it must have been at least 8-foot.


Carl Conner:  Yes, it was huge, but believe it or not it wasn’t big enough for Coal Mine Road.


Mark Faris:  Well, the two culverts behind the smaller culvert are huge and they are side by side so there is a lot of capacity.


Don Williams:  Yes, and I think if anything those two may even be oversized. But that is where we’re at and where we’re headed. Mr. Conner has a motion on the floor, do I have a second?


Phil Baxter: Second


Don Williams:  A motion was made and seconded that the culvert be removed and if we have the appropriate size to put that in at the same time, is that your motion, sir?


Carl Conner:  Yes, but the…..I guess the primary thing is getting the present culvert out and we’ll address the issue later on if that rectifies your problem.

Mark Faris:  Yes, it does.


Don Williams:  Motion has been made and seconded all in favor say aye.


All three Board members voted aye, motion was carried 3-0.


Mark Faris:  Do you know what kind of time frame you’d be talking on this?


Don Williams:  I would say within the next 2-3 weeks hopefully. We have a project with the excavator on Coal Mine Road and I think it will be there another week, so it would be, I’d say within 3 weeks hopefully.


Mark Faris:  Good, thank you all very much.


Don Williams:  I could almost guarantee it by the end of July, but we’re going to shoot for three weeks, so….thank you for your time and thanks for being patient.




Don Williams:  We also have claims today gentlemen for the sum of $8,570.72, do either of you have any question concerning the claims? If there are no questions, I would entertain a motion.


Phil Baxter: I move we pay the claims in the amount of $8,570.72.


Don Williams:  I’ll second that motion. All in favor.


All Board members voted aye. Motion was passed 3-0.


Don Williams:  Do we have any other business to come before the Drainage Board?


Jim Niemeyer:  No, I just wanted to mention that today we began work on the Allen Ditch and I haven’t been down there yet to see what he has accomplished, but I would say within a few days we’re going to be done there on the bottom and starting to make a cut and possibly next week we’ll be starting to put riprap down there to make a pad so that he can move about down there. But we really have a lot of sediment that went into the river, it looks like New Orleans. So the sooner we get it done the better.


Don Williams:  Thank you, Jim. Anything else?


Phil Baxter:  Yes, that ditch that we done last winter on part of  Allen Ditch up through there and it went through Rexing Farms. All the dirt is still laying up on the bank on Hwy 62.


Jim Niemeyer:  Oh, that needs to be taken out.


Phil Baxter: A lot of that is in the bank and the government is on them for that dirt being on there.


Jim Niemeyer:  I’ll get that taken care of because Henry is going to bring his dozer back for that anyway, so we need to……


Phil Baxter:  I got a call last night on it.


Don Williams:  Another issue, I think we’re all aware of since we got a letter from Jim is the cost on Coal Mine Road and the sharing of those expenses. To me it was clear from the State Statute that the Drainage Board cannot take care of the culvert and the road repair itself, but correct me if I’m wrong Jim, but we are responsible for the enclosure and all the materials that go into that enclosure. Is that your understanding, Mr. Surveyor?


Jim Niemeyer: yes.


Don Williams: If nobody has anything to say on this, okay, in that case I’m ready to adjourn if I would have a motion.


Carl Conner:  Move that we adjourn.


Phil Baxter:  Second.


Don Williams:  Motion was made and seconded. We are adjourned.