OCTOBER 10, 2007




The Warrick County Drainage Board met in regular session with President Phillip H. Baxter presiding, also in attendance were Nova Conner, Vice-President; Don Williams, Secretary; James E. 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.


Those present in the audience were Jim Morley, Jr., Millard W. New, Gilda S. Cartagena, Brenda Helzerman, Marco Delucio, Mark Barton, Jim Farny, Brad Schoeff, Stephanie Apple, Edward Kowalski, Jim Shea, Shirley Wiudbigler, Henry Nodarse and Jack Faber.




Phil Baxter: The meeting of October 10, 2007 will come to order. The first item on the agenda is the approval of minutes for September 26, 2007.


Don Williams:  Move to approve minutes as presented.


Nova Conner:  Second.


Motion was made and seconded to approve minutes. Motion carried 3-0.




Phil Baxter:  Nance Commercial Subdivision


Jim Morley, Jr:  Jim Morley, Jr with Morley and Associates, project engineer.


Jim Niemeyer:  Would you tell us what you’re planning to do.


Mr. Morley: Nance Commercial Subdivision is a small four (4) lot subdivision along State Road 66. This area was previously considered and allotted for in the design of the High Pointe Centre North Section 1 Subdivision, however, the developer that did High Pointe Centre North Section 1 chose not to develop this ground so the developer or the current owner is going to put in their own retention system to account for it. It’s a dry basin as highlighted on the sheet there and drains out through a pipe to an existing storm structure and then on. We meet all the Warrick County Ordinances.


Phil Baxter:  Any questions from the Board?


Jim Niemeyer:  Jim, have you assured yourself that there is plenty of drainage and storage capacity?


Mr. Morley:  Basically what we are doing is we used to have one basin and now we’ll have two basins. There aren’t any drainage concerns up in this area that I’m aware of. It is all pretty high and dry. It is set for fifty year storm.


Jim Niemeyer:  All of it drains into the highway ditch on 66.


Mr. Morley: Highway pipes now, it used to be ditches but now its pipes, but yes it all goes into the highway system and INDOT had previously approved all the runoff when

we designed High Point Centre North.


Phil Baxter: What are the wishes of the Board?


Don Williams:  I move we approve.


Nova Conner:  Second.


Motion was made and seconded to approve. Motion carried 3-0.




Jim Niemeyer: The next item is Wren Lake Subdivision #2, I have a letter here requesting that it be tabled until November 14, 2007.


Don Williams:  So moved.


Nova Conner:  Second


Motion was made and seconded to table. Motion carried 3-0.




Jim Niemeyer:  The next item is Bellmoore Landing.


Marco Delucio: Marco Delucio for Moore Holding Group and Jim Farny.


Don Williams:  I understand because extra was needed we got much more retention than we originally felt we were going to have, is that a fact?


Jim Farny: Yes, This is a re-work of an original plan for the original Bellmoore Subdivision, in the original plan there was 17.58 feet of acres feet of storage required. That was based on releasing the outfall only at 3 CFS which really the previous engineer could have went all the way up to 63 CFS so originally he was operating much more capacity than was required probably a magnitude of ten (10) times. What we did when we re-did the report is follow that same synopsis we’re still only allowing out 3.07 CFS. We took the large parcel that we have now created and increased the runoff factor to 1.0 which increased the retention requirement from original 17.58 acre feet up to 19.71 again only using 3 CFS outfall and we have also introduced a second basin which added more retention available on the side which has a capacity of 21.62 acre feet. So we’ve increased the amount of storage area to account for the different development of the large parcel. So again we’re probably operating ten (10) times what’s required by ordinance and the outfall is completely unchanged from what was first submitted to you which was only a 12-inch diameter pipe. So we have a twelve (12) inch diameter pipe empting in a sixty-seven (67) acre subdivision is another way to put it.


Jim Niemeyer:  Jim, do you have a spare capacity in terms of cubic feet per second, what is it about forty (40) cubic feet per second?


Jim Farny: The original outfall was allowed to be sixty-seven (67) CFS and we have held it to three(3) so we’ve diminished it to almost nothing and we’re doing that by as the original we only have a twelve (12) inch diameter pipe empting the basin…….The two basins are hooked up in series so one flows through the other and we have one pipe leaving the second basin which is only twelve (12) inch diameter.


Jim Niemeyer:  I asked Jim to make some changes and I noticed on there that he did, minor details, but he did comply and everything as far as I can see is in good shape.


Don Williams:  Has Mr. Sherwood your licensed surveyor looked at it?


Jim Niemeyer:  Yes he has.


Don Williams:  And what is his input?


Jim Niemeyer: He said it was good to go.


Phil Baxter:  Any other questions? What is the will of the Board?


Don Williams:  I move to approve.


Nova Conner:  Second.


Motion was made and seconded to approve drainage plans for Bellmoore. Motion carried 3-0.




Jim Niemeyer:  The next item will be Jacobsville Development.


Henry Nodarse:  Good Afternoon, my name is Henry Nodarse, I’m an engineer with Bernardin * Lochmueller Engineers. I’m representing Jacobsville East Developers for this project. This project has been revised according to some County requests. We had to widen up the entrance road and we had to shift the retention pond further to the south but everything else is about the same as before. We are still meeting the fifty (50) year discharge or less than the fifty (50) year…sorry…we are holding the fifty (50) year proposed and discharging the five (5) year existing. All the storm sewers in the right of way and the private portion of this site is less than ninety (90%) per cent capacity and it’s not much of a difference than the previous drainage plan which was approved.


Don Williams;  Are you going under that new road? Looking at the pipes there you have to go under that new road? Epworth?


Mr. Nodarse: No, there is an existing pipe under Epworth Road, Now the thirty (30) inch pipe that brings the water from the west side to the east side and we are connecting that thirty (30) inch pipe that was constructed on the road construction project.


Phil Baxter:  Any other questions?


Nova Conner:  No, I move to approve.


Don Williams:  Second.


Motion was made and seconded to approve drainage plans of Jacobsville Development East. Motion passed 3-0.




Jim Niemeyer:  Next item will be claims.


Phil Baxter: We’ve got claims in the amount of $1,785.93. Motion to approve?


Don Williams:  Move to pay claims.


Nova Conner:  Second.


Motion was made and seconded to pay claims. Motion passed 3-0.


Phil Baxter: Is that it? Any other business?


Don Williams:  Move to adjourn


Phil Baxter:  Second.


Motion was made and seconded to adjourn. Motion passed 3-0.


After meeting was adjourned two gentlemen asked to speak to the Board.


Millard W. New who resides in Triple Crown Estates wanted to comment that he moved there in 1979 has the 1983 FEMA flood plain drawing which is one hundred (100) feet from his property but he has now received a letter last week for Indiana Department of Natural Resources that says he has now been rezoned ( not the correct word) . He stated that when he moved there between Bell and Frame Roads on the south side of 66. He stated that for years water very seldom got out of that ditch on the south side and now it gets out of its banks very routinely. He stated that he came to a meeting years ago and stated that something was going to have to be done and that was before all this development happened. Now these two ditches are trying to take care of all this and now there is a new seventy (70) acres development coming. He wants to know how his property rights are being protected since now he has been told that he needs to get flood insurance. He has heard for years engineers saying that this and that is going to work when all these new developments were coming in, but he has proof that it does not work as he is being rezoned as a flood plain. In 1982 he was not in that and he wants to know how the Board is taking care of the people down in the low area, he can get insurance but the insurance won’t keep him from getting flooded. His question is how is the development on the north side not going to extend the runoff that is going to occur, all the retention ponds in his area overflow and he will guarantee that this new one will also. He discussed about the business Premier Video getting flooded and some of the other ones also built up. He can’t lift his house up.


Phil Baxter stated that they are in the process of the discussion of cleaning Edwards Ditch from Frame Road to the west.


Mr. New wanted to know if this was going to be on contract where someone would come in and clean it every six (6) months or so. It needs routine maintenance.


A gentleman who resides at Woodstone Manor stated that his subdivision also floods and there is no outlet. He stated there wasn’t enough analysis done on how much water was really coming into the ditches, even though developers have to meet specifications they don’t consider the other developments so it just exacerbates the situation that is already in existence. He also stated that Frame Road ditch needs a guard so nobody will drive into the ditch and drown as it is a very dangerous intersection. He also wanted to know if cleaning Edwards ditch will solve the problem. He stated that nobody really knows that do they? He stated that some of the development needed to be stopped until they find a solution, solve the problem instead of exacerbating the problem as we’re doing.


Jim Niemeyer explained that they have had plans to clean Edwards Ditch for some time but that there were no funds available. He also explained about trying to reverse the flow of some of the ditches. He also stated that neighboring counties are not taking care of their ditches and this makes matters worse.


Motion had been made earlier to adjourn.