AUGUST 23, 2006



107 W. Locust St. Suite 303

Boonville, IN47601




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, Warrick County Surveyor and David K. Zengler, Attorney for the Board. Also in attendance was Sean M. Owen, Deputy Surveyor.


Audience Attendance was Doris Woelfel.


Don Williams:Warrick County Drainage Board, August 23, 2006 will now come to order. The first item on the business is the minutes, have you gentlemen had a chance to read the minutes and if so what is your pleasure?


Phil Baxter: I move we approve the minutes from August 9, 2006.


Don Williams:Do I have a second?


Carl Conner: I was not here.


Don Williams:Okay, Iíll second the motion, all in favor?


Phil Baxter:Aye


Don Williams:Motion carries with two ayes and 1 abstention. Next on the agenda is a request for a fence at 7800 St. Thomas Court, if someone here to request that please come forward. State your name and address if you would please.


Doris Woelfel:My name is Doris Woelfel, I live at 7800 St. Thomas Court in Newburgh. They say there is a 6-foot easement in the back and I would like to be able to put up my fence to just meet the fences of my neighbors.


Commissioner Williams showed Ms. Woelfel a picture and asked her if this was where she was talking about.


Doris Woelfel:Yes, thatís the back of my property right there and I just want to put a fence here up to the edge of my property. They said there was a 6-foot easement back here and that I had to check with you in order to get it.


Don Williams:It looks like there is already one fence in the easement, Okay you may go back to your mike, thank you maíam appreciate it very much.


Carl Conner:Are you wanting to run a fence parallel to the one thatís presently there or perpendicular to the oneÖ..


Don Williams:Sheís wanting to come perpendicular out by her house.


Sean Owen: I spoke with her and there is some water that drains back there, but there is no visible swale, there is a pipe underground thatís a public utility and drainage easement, but she said that she is going to make those two end sections, the ones that actually connect, they are going to be semi-removable and they are also going to be, you know, a couple of inches off the ground to let the water flow.


Doris Woelfel: I donít want to back up water, thatís for sure.


Don Williams:Now you do need to understand, is this a legal drain? This is not a legal drain just a drainage easement in a development, Okay. Is there any questions from the Board? Mr. Niemeyer, Surveyor, do you have any comment as far as your recommendation?


Jim Niemeyer:I would agree that we should allow her to build that fence.


Don Williams:And it will not impede water drainage?


Jim Niemeyer:No


Don Williams:If there are not questions, I would entertain a motion.


Carl Conner:I would move to approve the request to put a fence up at 7800 St. Thomas Court in the drainage easement.


Phil Baxter:Second


A motion was made and seconded to allow a fence to be erected with all members voting aye. Motion carried 3-0.


Doris Woelfel: Thank you.Now they said I had to go to another meeting from here now where is that?


Sean Owen:It will be here for the Area Planning Commission.


Don Williams:What is she wanting to do?


Sean Owen:She has to get approval from the Area Planning Commission as well, they needed our pre-approval.

Don Williams:Itís not Area Plan, sheís going before the Board of Zoning Appeals for a variance, Iím assuming, that should be a slam dunk.


Carl Conner: I think they start at 6:00.


She was given directions and more explanations.


Don Williams:Are you Mr. Heathcott? Are you here on the Stonegate issue, Sir?


Jim Niemeyer:There is nobody here for Stonegate.


Don Williams:Okay the next item, Mr. Dave Heathcott is not here, my recommendation would be to remove him from the agenda until he reapplies. I donít know what else to do with it, since we canít read his mind, thatís for sure. So Iíll entertain a motion or rather Iíllmake a motion that we remove the complaint to Stonegate from Mr. Dave Heathcott until such time that he reapplies to come before this Board.


Carl Conner:Second


Motion was made and seconded with all members voting aye. Motion carried 3-0.




Don Williams:Lets look at claims, gentlemen, we have claims if you look on your claims, we have 2 claims totaling $1,598.30. It $1,580.80 on Allen Ditch final, I guess thatís why itís marked final, the final money that goes there and the other $17.50 Iím assuming is for film.


Jim Niemeyer:Itís for copies, I mean


Sean Owen: The maintenance for copy machine.


Phil Baxter: I move we pay the claims


Carl Conner:Second.


Motion was made and seconded to pay claims in the amount of $1,580.80 with all members voting aye. Motion passed 3-0.


Don Williams:Do we have any other business, Jim?


Jim Niemeyer: I just wanted to mention that at the last meeting a request was made of the Surveyor to determine the amount of Drainage Funds we had for the remainder 2006 and I did that. We will after all the bills are paid here in the next month have a short fall of $68,800.00 and Iím on the County Council agenda to request additional funds to be transferred.

Don Williams:You realize that probably wonít happen.


Jim Niemeyer:Pardon?


Don Williams:You realize that probably wonít happen with the new distribution coming in two months, they probably wonít do that. They might, but I doubt it. Theyíre not approving a lot right now. Just want you to be prepared.


Jim Niemeyer:I donít want to be put in jail either (laughter) But anyway the funds register shows that we have total available funds at the end of July of $631,104 24.


Don Williams:Oh, you just need some of the funds there to be appropriated. When you said additional I thought you meantÖ..


Jim Niemeyer:No, I used the wrong terminology, weíre in good shape there. The other one, this has been sort of an ongoing battle for some time and this is concerned with the Southwest region of Newburgh, Ivy Glenn, Colonial Hills, Mansfield, Falls Creek, The Interstate Office Complex and so forth. We have had a lot of flooding up there and a lot of complaints and I asked Bernardin & Lochmueller to prepare a proposal to look into the matter to see what could be done and this is what I got.




Jim Niemeyer:(speaking of proposal from BLA) There are a lot of inconsistencies, short falls and I think we shouldÖMy recommendation is that we have the study done so that we can see what the problems are out there and take measures to have them corrected, because if we donít this is never going to go away.


Don Williams:And the cost is going to be (you told me before the meeting) about $24,000.00? Before I make a decision, I would like to read the proposal, so if itís okay with the other two maybe we can act on thatÖ..


Jim Niemeyer:Thereís a lot of data in itÖÖ..


Don Williams:We definitely have to do something and Iím certainly notopposed to doing something like thatÖare they going to check the retainage area there at Mansfield to make sure itís proper size and depth and that sort of thing, the whole thing?


Jim Niemeyer:All of it, highway crossings the whole bit. The only thing he didnít mention in here was the subdivision to the East side of Colonial Hills, Kenosha , there is a fair amount of water that comes out of there too.


Don Williams:And all of that runs into Johnson, I mean Howard-Williams.


Jim Niemeyer:Howard-Williams carries an awful lot of water.

Don Williams:And since weíre discussing this, since all three of us are here and Iím not looking for any action, but you know we did have a study done when Miss Barnhill was Surveyor as far as running the Howard-Williams Ditch all the way down to the Ohio River and if we did that might, we ought to clean up all of it, but what weíre talking about then, weíre talking probably about now at least $3.5 million.


Jim Niemeyer:I believe it was $4.5 million.


Don Williams:Thatís a lot of money, well weíre also talking about an awful lot of residences that have problems. We found out from out attorney that we do have bonding authority should we decide to do that and Iím not saying we need to go forward with that at this point and time cause there are other ditches we need to clean. But certainly I think we need to do something to relieve all those subdivision homeowners out in that area.


Jim Niemeyer:I didnít want to interrupt but you know the area there along South of Covert Avenue and all the way down that area, that is a mess, I meanÖÖ


Don Williams:Now, is that ours or Evansvilleís?


Jim Niemeyer:I think itís ours.


Don Williams:Itís ours, that part of it is in Warrick County.


Carl Conner:So youíre talking 662 andÖÖ


Jim Niemeyer:You know Epworth RoadÖyou go south there and water and mud are always standing out there. It may be more than a simpleÖ.not a simple drainage problem, but it may be one of Engineering cause I didnít see any storm sewers.


Don Williams:A study would certainly address those issues and if we decide to go forward with that study, I certainly think one of the issues that they need to come back on is to tell us if that would indeed alleviate the problem completely. Because I would want, before I committed to that type of money, I would certainly want some kind of assurance that it is going to correct the problem cause we definitely need to do something and the sooner the better.


Carl Conner:Don said that you had indicated we have bonding capacity?


David Zengler:Bonding authority, yes.


Carl Conner: So, to do a Bond Issue does that require input and approval from the County Council or can we do that on our own like the Parkís Departments planning on doing?


Don Williams:If you donít know why donít you research that.


David Zengler:UhmÖÖ.. He had asked me just to sort of get the hoops we have to jump through and I have not done that yet.


Carl Conner:Because I know in the Parks Department is planning on doing a Bond Issue for capital improvement, but the way theyíre set up by State law, my understanding is that, that would be left up to their Board and their Board only and I didnít know if that was the situation here or not.


David Zengler:Iíll try in the next meeting or two try to get you something, actually get what steps you have to go through.


Don Williams:That would be great, appreciate you doing that, we have a consensus for our Attorney to look at those procedures. Sir, did you have anything you wanted to say.


A gentleman in the audience stated he was just concerned about Colonial Hills as the Board had talked about it last meeting.


Don Williams:We donít often get people out there just to listen, so we appreciate you coming.


The gentleman stated that he had been there for a long time and that it was getting worse.


Carl Conner:There is one thing, Jim that I would like to make a comment on, the probability is very good thatÖ.Iíve just scanned this, but the probability is very good that I will support us having this study done, but I would appreciate us expanding the scopes somewhat, I think we should also address the issue across the road in Kenosha Hills. Because there are dozens of homes in there plus the fact that at some point and time someone is going to develop that corner there where it is vacant presently and no telling how many homes that they can put in there. I think we need to at least look at addressing those needs also.


Jim Niemeyer:Thornbrook also drains into Howard-Williams Ditch too, course it bypassesÖ..but they go right down the highway.


Don Williams:That ditch carries a lot of water.


Phil Baxter:Would the Board agree to have someone here from BLA, maybe at our next meeting, if we have questions for him?


Don Williams:That might be good if you have someone from BLA as we look at their proposal, now weíre talking $24,000.00, do we need to go out for quotes on that or since itís a service can we expedite it?


David Zengler:I think if youíre fine if youÖÖ..yeah


Carl Conner:As long as itís professional fees, my understanding isÖ..

Don Williams:Right, that is my understanding too for services.


Carl Conner:And surely to goodness 3 weeks will be plenty because our next meeting wonít be for 3 weeks, Phil. So that would give them plenty of opportunity.


Don Williams:That should give you time too, to do yourÖÖÖ


David Zengler:Yeah, okay.


Jim Niemeyer:Expand the scope of the studies, is that what youíre saying?


Carl Conner:Well, if Iím voting for this, I know Don wants to not today, but in three weeks, I mean the probability is very good that I will vote to pursue this because I think we need professional help in that area and we need to do it right. I think doing it right, we need to also expand the scope to include Kenosha Hills.


Jim Niemeyer:There will be computer models of this whole thing, one variable to see how itís going to affect the whole region.


Don Williams:If Phil has read the proposal Carl says he is ready to act on it, if you have read it and are ready to act on it as far as the study, Iím just saying I donít want to act on anything until Iíve had a chance to read it, but if you twoÖboth want to go forward with it, it really doesnít matter whether Iíve read it or not cause it only takes two and I doubt seriously if I would be opposed to it.


Carl Conner:I donít mind waiting until youíve had an opportunity to read it, we just got this or I just got mine. (Don stated 25 minutes ago)Iíd just like to see Kenosha Hills included and the probability is that when we take a vote Iím going to vote for this, but I would like to see Kenosha Hills included.


Phil Baxter:I agree with you there.


Don Williams:We want the area and if you have a discussion with BLA that we want to look at all the subdivisions in the area including Kenosha Hills as well as a possibility of taking Howard-Williams Ditch all the way to the Ohio.


Jim Niemeyer: Yeah, we need to get that study.


Don Williams:That may add a little bit to it, hopefully it wonít add too much to it, but I think that we need to have a resolution, not try and made spot fixesÖ..


Jim Niemeyer:Thatís a real good move.


Don Williams: All right, does anyone else have anything for the Board, our next meeting is September 13th.


There was discussion on whether it was two or three weeks until the next meeting. It was decided that it was three weeks.


Don Williams:I will entertain a motion to adjourn if you gentleman are ready to do so.


Motion was made by Carl Conner to adjourn, 2nd by Phil Baxter. All members voted aye, motion carried 3-0.