JULY 25, 2007
The Warrick County Drainage Board met in regular session with President Phillip H. Baxter presiding, also in attendance were Don Williams, Secretary; James E. Niemeyer, Surveyor and David K. Zengler, Attorney for the Board.
Also in attendance was Sean M. Owen, Deputy Surveyor.
Those present in the audience were Dale Purdue, Leon Corrssell, Mike McCool and Sherri Rector.
Minutes were recorded and transcribed by Cheryl D. Embry.
APPROVAL OF MINUTES:
Don Williams:† Move to approve. Seconded by Phil Baxter. Motion carried 2-0.
Jim Niemeyer:† The next item is concerns I-164 Commercial Park #2.
Don Williams:† Is there anybody here to represent that? Mr. President, I move we table until the first Wednesday of August. August 8, 2007. Seconded by Phil Baxter. Motion carried 2-0.
NANCE COMMERCIAL SUBDIVISION:
Jim Niemeyer: The next item concerns easements in Wyngate Section B.
Don Williams:† What? Iíve got Nance Commercial Subdivision.
Jim Morley, Jr.: We ask that it be tabled for two weeks.
Don Williams:† So moved. Seconded by Phil Baxter, motion carried 2-0.
Jim Niemeyer:† We passed up I-164 because there wasnít anybody here.
Jim Morley, Jr.:† Can we do I-164?
Don Williams:† Weíve already tabled it and we can bring it back if you want to talk, Jim. But the bottom line is you gave us that nice booklet and with Carl dying and the funeral, I also had a first cousin that died and we buried her today, I havenít had a chance to read through that. I mean I hate to put you off but I really havenít.
Jim Morley, Jr.:† Thatís fine, can I speak on that for a second? I just asked that..and I know itís been a busy week with Carl passing and everything, just if thereís an opportunity Iíd like to maybe sit down with you guys if you have any questions on it and just kind of go through it line by line to make sure that there are no issues. I know thereís a lot of drainage issues in that area and I want to make sure we appropriately address your concerns on the 8th when it comes back. It also goes to the Planning Commission that night so we want to make sure we have our ducks in a row before we get to there. So if I have the opportunity I would like to sit down and talk to you guys on a one on one basis.
Don Williams:† I
donít have a problem sitting down and talking to you, give me a call, Iíll be
WYNGATE SUBDIVISION SECTION B:
Jim Niemeyer:† The next item is Wyngate Subdivision, would you come forth and state your name and address.
Dale Purdue: Dale Purdue
Jim Niemeyer: Dale is here to ask that a portion of the drainage easement behind his home in Wyngate Section B be vacated and here is a draft copy.
Don Williams:† Let me ask you, Mr. Purdue, whatís the reason you want the vacation, It just got handed to me as you can see, so it would be quickerÖÖ.
Mr. Purdue: Originally the easement was given because there was going to be an alley that was going to go across the back of the property and when we bought the lot we bought additional acreage on an adjoining lot. They rerouted the driveway and then all the easements that they were using followed that to go back and into the rest of the subdivision. So weíre vacating it because itís not being used and they donít anticipate it being used and we have an applicationÖ..our long term goal is to build a carriage house on the portion of this thatís vacated.
Don Williams:† Weíre not talking a legal drain easement here, weíre just talking about a natural drainage easement
Jim Niemeyer:† Don, I lived out there just three doors down from him and I am very familiar with it and I donít foresee any kind of a problem that the drainage will be fine.
Don Williams:† Okay, anything else. Iíve heard all I need, Mr. President.
Phil Baxter: Iíve looked at it.
Don Williams:† I move that we approve Mr. Purdueís request.
Phil Baxter seconded the motion. Motion carried 2-0.
CSV ACRES MINOR-CYPRESS CREEK-McCOOL RIGHT OF ENTRY:
Don Williams:† We have one that kind of slipped in that the president put on the agenda.
Sherri Rector:† Mike McCool, is that right? Mr. McCoolís father-in-law and wife appeared before you May 9 to get permission to construct 15 feet of their new house within the legal right of way entry for Cypress Creek. (Sherri produced a plan with right of entry) They need the ditch reduced by 15-feet. You gave them permission to put it in there, however, the drain was not reduced. I thought our ordinance could not issue him an improvement location permit for any structure in an easement, he would have to get a variance, Hold Harmless and all that.
Don Williams:† Yeah, do you remember this, Jim on May 9, 2007 where weÖthey requested it and wanted to know if we had a problem with it and our response, I think to Mr. McCool was we donít have a problem with it. There was two sides to the ditch, one was high, the one he wants to build his house on, the one on the other side was lower and we determined there was plenty of room on the lower side and he was only going to impinge 15-feet and I think we just said that we donít have a problem with it cause heís on the high side. The low side is the one we have to worry about and I think our response was just you know we didnít have any problem with it but we didnít take any kind of legal action. SoÖ.
Sherri Rector: I you would relax it, it would be relaxing it from 75-feet to 60-feet on Parcel #2 of the CSV Acres Minor Sub and that would just cover his lot.
Don Williams:† That would be what now? Just say that again.
Sherri Rector:† Parcel #2 of CSV Acres Minor Sub and itís the west side of Cypress Creek. (She was corrected it is the east side.)
Phil Baxter:† Okay, Iíll entertain a motion.
Don Williams:† Yeah, we didnít have a problem with it, we just didnít make it legal where he could do something, so I would move that we reduce the Legal drainage easement on the east side of Cypress Creek for Parcel #2 of CSV Acres Minor Sub. Will that take care of it.† (Sherri answered yes)
Phil Baxter: Iíll second that motion.† Motion passed 2-0.
Sherri Rector:† And since weíre here on this, just to bring it up so youíll know in a case like this, if you everÖ.I cannot give improvement location permits in an easement of any type, so coming to you and you saying I donít care then they still have to jump through all these hoops and get a variance and all.
Don Williams:† And we never even really thought about that, I mean he just saidÖ.
Sherri Rector: Right, and I didnít know he was coming or I would have come with him back in May. I didnít even know it was on the agenda and also in the past there was always Hold Harmlessís required for instances like this in case something did happen that you had to get into a legal drain and if there was any damage done to any of the structures, so I just wanted to bring it up.
Don Williams:† I think weíve got 60-feet and weíve got 75-feet on the other side so that is more than enough to get in there and weíre not going to tear down somebodyís house to clean a ditch.
Sherri Rector:† Well, see we always got them with signs and things like that. Thank you, now he can get his permit.
The gentleman thanked the Board also.
Phil Baxter:† Okay, now weíll do claims.
Don Williams:† Mr. President, I move we pay the claims in the amount of $857.82. Seconded by Phil Baxter. Motion passed 2-0.
Mr. Baxter asked if there was anything else to come before the Board?
Don Williams:† I move we adjourn, seconded by Phil Baxter. Meeting adjourned.