NOVEMBER 14, 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; Sean M. Owen, Deputy Surveyor and David K. Zengler, Attorney for Board.

Minutes were recorded and transcribed by Cheryl D. Embry.


Those present in the audience were James Biggerstaff,†††† Bill Bivins




Phil Baxter: Warrick County Drainage Board Meeting of November 14, 2007 will now come to order. The first item on the agenda is the approval of minutes for October 24, 2007.


Don Williams: Move to approve.


Nova Conner:Second


Motion was made and seconded to approve October 24, 2007 minutes. Motion approved 3-0.




Phil Baxter:Bellridge. You want to take over Sean?


Sean Owen: Yes, Mr. Biggerstaff is here for Bell Ridge Subdivision, I just want to say that Mr. Niemeyer has met with them out there where the water is flowing and he has reviewed it with Mr. Sherwood and everything seems to be in order.


Jim Biggerstaff: The owner is present to Dr. Shoals is here, he is the owner of the subdivision.


Nova Conner:And this is the one you were talking about that turn the drainageÖ..


Sean Owen:Yes, the retention area stretches across the back of all the lots and then it drains to the middle and then out through an outlet structure.


Don Williams:Did you say that Mr. Sherwood looked at this too and he is okay with it?


Sean Owen: Yes


Nova Conner:Is all of this commercial?


Jim Biggerstaff: Yes, itís light commercial.


Phil Baxter:What is the wishes of the Board?


Don Williams:Move to approve.


Nova Conner: Second


Motion was made and seconded to approve Bellridge Subdivision. Motion passed 3-0.




Sean Owen: In the Warrick Place Subdivision over by the Apple Center.


Don Williams:Sean, lets have at least 2 of these (plans) from now on.


Sean Owen:Okay. The easement originally was up here and during construction the pipe got laid this way so they went back and re-platted to fix it and make sure it was in an easement and now someone is wanting to come in and develop this lot so theyíre moving the pipe. It will be over in this easement and they are wanting to vacate the one right there.


Phil Baxter: Do you have anything to add, Jim?


Jim Biggerstaff: This was originally Apple Center and it is re-platted into 4 lots and this is one of the parcels. Some time ago a year ago we discovered that they had not laid the storm sewer in the original easement which goes back approximately 20-years. So we put a new easement on there and now someone has purchased that lot so they have to relocate the storm sewer to fit their building.


Nova Conner:And that wonít interfere or affect any other thing in terms of drainage?


Jim Biggerstaff: No, and I might say this, originally Apple Center went to a retention area but since Englebrecht Place has been built the subdivision, you know all that drainage was taken away from that area and it goes into a retention pond just to the north there, so the drainage on Apple Center has been cut in about half from the original. So we will have more than adequate capacity and it only handles the drains on the roofs for the Apple Center.


Phil Baxter: Any other questions? Do we have a motion?


Nova Conner:Yes, I make a motion to vacate the twelve (12) feet storm sewer easement.


Don Williams:Second.


Motion was made and seconded to approve the vacation of twelve (12) feet storm sewer in Apple Center. Motion carried 3-0.




Sean Owen: They have requested to table until the next meeting, they are still waiting for some of their letters from utilities to come back.


Don Williams:I would move that we table until the December 12, 2007 meeting or the last one of the month, which we may not have.


Sean: They just asked to be tabled, I think the 12th would be okay.


Nova Conner:Second


Motion was made and seconded to table Triple Crown Estates until the December 12, 2007 meeting. Motion passed 3-0.




Phil Baxter: I guess we can discuss the meeting on the 21st.


Don Williams:Right, thatís the day before Thanksgiving, I think weíre going to move our Commissionerís Meeting is thatís ok with all of you to 8 a.m. that morning, I donít know what the Surveyor is wanting to do, do you know, Scott?


Sean: Iím not sure, he hasnít discussed that with me.


The secretary stated that she didnít think that Jim was going to be in town that day, the day before Thanksgiving.


Don Williams:Is there any kind of an agenda?


Secretary: I have none the only thing that I know of is the discussion and it is actually a Storm Water meeting.


Don Williams:Oh, thatís right, do we have a Storm Water issue we need to look at?


Secretary: Not to my knowledge but Iím not on the up and up the cusp of that if you understand what Iím saying.


Don Williams:I donít know either and Iím the president of that Board, but I havenít heard a thing that we need to address, right now the main thing pending is getting the budget approved by the County Council and then the Storm Water Management Department paying back the loans that itís made from the Drainage Board.


Sean: I know that Castle High School and the new Middle School were wanting to be on that agenda, whether or not itís an immediate thing that they have to be on that one or if it can wait until the next one. Iím not sure.


Nova Conner:Well, could we have it just right after. I mean could we have like maybe the drainage at about 9:00or something.


David Zengler: I think this was originally put on because I made the comment because Iím not going to be here. We are leaving tomorrow to visit our daughter.


Don Williams:I think we just scheduled it on the third Wednesday of the month because it was a 3:00 time slot that we didnít have anything scheduled for, we had Drainage Board on the second and fourth Wednesday but nothing on the third Wednesday s, so we thought that would be a good time to put the Drainage Board and if there is no business for the Storm Water Management Board, you might check to see what the issue is with the school board and if it can wait until the December 12 meeting, I think that would be good.


Secretary: Are you saying that we are not going to have a Drainage Board meeting on the 28th of November?


Don Williams:I will be at the County Commissionerís Conference and Iím assuming that Commissioner Conner will also. I will move that we cancel the Drainage Board Meeting of November 28, 2007.


Nova Conner:Second


Motion was made and seconded to cancel the Drainage Board Meeting of November 28, 2007. Motion passed 3-0.


Phil Baxter: Anything else?


Don Williams:The only thing is the Storm Water Management Meeting on the 21st. I donít know if this is the proper place, I donít know if this Board can cancel a Storm Water Meeting. I guess the Board members individually can contact you and let you know and Iím going to let you know right now to cancel the meeting on the 21st.


David Zengler: I think until you get a budget in and money after the first of the year there is not much you can do.




Bill Bivins:This is back before you I think it was approved in February, it is a three (3) lot subdivision and the lot sizes are 2 Ĺ acre minimum. There is no drainage required.


Phil Baxter: Do you agree, Sean?

Sean Owen: Yes


Phil Baxter:Any other questions?


Don Williams:Move to approve.


Nova Conner:Second


Motion was made and seconded to approve Wren Lake II Subdivision. Motion was passed 3-0.




Phil Baxter:Claims


Don Williams:We have claims in the amount of $1,232.34, I would move that we pay the bills.


Nova Conner:Second.


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




Nova Conner:I would like to look at changing our Drainage Ordinance for retention ponds from 50-year to 100-year. I have so much input from that from people and I have talked to Bobby and I just wondered if that is something that we can look at doing right away to amend that.


Don Williams:Instead of 50:5 do a 100:5?


Nova Conner: Yes, because what is it now 50 to a 100?


Sean Owen: Yes, fifty (50) year storm five (5) year release to a Hundred (100) year storm with five (5) year release.


Don Williams:As far as Iím concerned we can make it two hundred (200) to five (5). I mean drainage is a big problem.


Nova Conner: Yes, it is and I think when we get a look at all of itÖ.but that was something that I have heard from a lot of individuals and at lease the retention ponds at this time not all of the pipes. Because when the new storm water ordinance comes in but I would like to see that done right away.


Don Williams:I would too. How do you feel about it Mr. President?


Phil Baxter: I tend to agree with it can we put it on the meeting for December 12, 2007?


Don Williams:Can you get that ordinance changed and ready for us by December 12, 2007 or is that going to cut you short?


David Zengler: Let me think, cause the ordinance is going to be passed by you as the Board of Commissioners.


Nova Conner:We just want the present ordinance to be amended.


David Zengler: This Board doesnít usually pass ordinances.


Nova Conner:Well, we have an ordinance though, we have a Drainage Ordinance.


David Zengler: Yes, thatís what Iím saying but itís not as a Drainage Board that you pass.


Phil Baxter:Does the Commissionerís do it?


David Zengler: I think the Commissioners do it, yes.


Phil Baxter: Then we amend it?


Don Williams:Do we have a current drainage ordinance?


Everybody was talking at the same time, it was impossible to decipher who was saying what.


Don Williams:Wait a minute now.


Sean Owen:We have one, but itís only about one (1) page.


Don Williams: Is that the one BLA worked on for us?


Sean Owen:No this one has been in for a long time, it just basically states fifty (50) year storm five (5) year release in retention basins and thatís about it.


Secretary: The other one hasnít been adopted yet.


David Zengler:Let me look at it and see, if youíve got one its just a matter of changing. But normally this Board doesnít do ordinances. You do that as Commissioners.


Phil Baxter: But do we adopt it as a Drainage Board or do we do anything?


David Zengler: That was my thought, you may have to adopt it and then recommend it to yourselves as Commissioners.


Don Williams:I think thatís the way itís supposed to be.

Also we have a whole folder of projects I havenít had a chance to look over.


Nova Conner:I did look through them and some of them I have them in there twice and did read them but I would like to have somebody come and talk to us and explain and show as there are so many in there I know that Jim probably knows them and their priorities but I would just like to have them explained to me and make sure that it would fit into a comprehensive plan, they are just so overwhelming.


Don Williams:One of the things we are going to have to do with all these projects is sit down and prioritize what we want to do.


Nova Conner:Yes, especially if there is a project in there that we could take to the district that would help.


David Zengler: Some of them may be able to go through storm water too.


Nova Conner: When is our next storm water?


David Zengler: Well, it was next Wednesday but we just cancelled it.


Don Williams:It will be the third Wednesday in December, the 19th.


Nova Conner:Can I share something even though this is the Drainage Board. I had talked with Doug about how could the Boardís be combined because it just seems like they are covering so many things and again I donít know if this is the issue. But he e-mailed me back and said he found a way to do it and that it was very exciting and that he was going to present it, give it to us maybe even tonight.


Don Williams:Iíll listen and look at it but one is a governmental entity, thatís the Drainage Board and the other one is a Storm Water Utility. They are funded differently.


Nova Conner:That is what I asked him and he knew that and he said he figured out a way we could do it that maybe would be helpful because Bobby Howard even said there were other counties that combined and he didnít know how they did it. So I was just anxious to get his input that that could really help with expenses if we donít have toÖ.you know what Iím saying in terms of that cut down expenses. I donít know if this is the place to do that I just wanted to hear what he had to say.


Don Williams:Iíll be glad to look at it.


Nova Conner:Will you be glad to look at it, Phil?


Phil Baxter: I donít know if weíll have time to listen to it.


Nova Conner:No, heís just going to send information, itís not tonight, heís just going to send us information.


Phil Baxter: Yes, I would like to see it.


Don Williams:I donít know if I have a desire to combine them.


Nova Conner:Why, because we are covering them all now.


Don Williams:Because they are two different entities.


Nova Conner: But why wouldnít you want to they areÖ.I mean right now we are addressing all kinds of drainage issues.


Don Williams:I just donít see those two (2) boards having any problem communicating with each other.


Nova Conner: Thereís one on there that is sometimes hard, you know what Iím saying on that Board.


Don Williams:Mr. President, I move we adjourn.


Phil Baxter: Second


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