SEPTEMBER 12, 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 Board.

Deputy Surveyor Sean Owen was also present.

Minutes were recorded and transcribed by Cheryl D. Embry.


Attendance in the audience was Michael Kopshever, Wade Lovell, Chris Meyer, Lee A. McClellan, Jordan M. Aigner and




Phil Baxter:Warrick County Drainage Board meeting of September 12, 2007 will nowcome to order. First on the agenda is the approval of minutes from August 22, 2007.


Don Williams:Mr. President, I move we approve the minutes from August 22, 2007 as presented.


Nova Conner:I second.


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






Nance has requested to be continued until October 10, 2007

Don Williams:So moved. Motion was made and seconded by Commissioner Conner to be tabled until October 10, 2007. Motion passed 3-0.




Lee McClellan:Lee McClellan, Morley and Associates 230 Second Street Suite 500 Anderson Kentucky. I am here representing the drainage plans for Warrick County Industrial Park 2B which is a replat of part of lot 14 and it contains 30.755 acres located on the West side of American Way approximately 770 feet south of the intersection form by American Way in Warrick Drive in Boon Township. Basically the project consists of the construction of a storm water retention facility to capture the runoff not only from the development of the tract that is going to be sold to Troyer Foods which is approximately 11.39 acres. It also includes all of the runoff from Warrick County Industrial Park Section 1 when it is fully developed as you are aware there are still lots out there that are not developed but the basin is sized to capture that additional runoff. It also captures and allows the water to come through the basin and out of the basin from that area north of 62 on the Wal-mart side of 62, it comes under Highway 62 through an existing 2-foot by 3-foot box culvert that will collect that water. After itís retained in the basin it will be discharged and metered out through 3 24-inch pipes and then it will discharge through a new 36-inch pipe that will be bored under Norfolk Southern Railroad.


Don Williams:This is the old one I take it?


Mr. McClellan:No, the old one is only a twenty inch pipe and is of insufficient capacity.

It will be in the same place as the other one and right now we are working with Norfolk Southern to resurrect the permit that was filed in 2002 with their consultant. The check for the amount of $1,830.00 was accepted by their consultant for review and approval of the permit and it was cashed. Brandon Sheridan the assistant executive director of the re-development commission has confirmed with the treasurer that it was cashed therefore basically they have our application and they have taken your money and they owe us a permit. We are trying to find out what happened to it from 2002 until present because it should have been processed. It is on electronic file and they are just trying to find out what happened.


Don Williams:I move that we approve the drainage plans for Warrick County Industrial Part Section 2B


Nova Conner:Second


Motion was made and seconded. Motion passes with 3-0 vote.




Jim Niemeyer: The next item is the Wren Lake Subdivision that is a re-plat of lot 2 requesting no drainage plans be required and I have a letter here from Mr. Bivins. He says that all lots in Wren Lake are a minimum of 2 Ĺ acres, therefore we are requesting that there be no drainage plans required.


Phil Baxter:Any questions?


Don Williams:Thatís what our ordinance states.


Phil Baxter: What is the will of the Board?


Don Williams:†† Move to approve.


Nova Conner:Second.


A motion was made and seconded, motion carried 3-0.






Jim Niemeyer: The next item is a request for a fence in the easement by Chris Meyer.


Chris Meyer:Chris Meyer 9490 Remington Drive in Elberfeld. I am requesting a fence in my backyard on the hillside, a slope.


Don Williams:Mr. Meyer, will the fence touch the ground? Will it impede the water flow coming under that.


Mr. Meyer:I would like for it to touch the ground. (he showed a piece of the fence to the Board and it is an open slat fence.)


Don Williams:So it is going to be open slats so it is not a solid fence and wonít stop the water?


Mr. Meyer:No, it is just like this and I would like it to touch the ground and hopefully the dogs couldnít dig under it.


Don Williams:Is this in a legal drain or just a natural waterway?


Sean Owen:No, itís a detention easement around the lake.


Nova Conner:Its around a lake so in terms of weeds or whateverÖÖ


Don Williams:Where is his house on the plan?Ok I donít have a problem with it. I make a motion to approve.


Nova Conner:Second.


A motion was made and seconded to approve request of fence. Motion passed 3-0.




Jim Niemeyer:The next request is from Triple Crown Estates.


There was discussion from Don about Remington Ridge and a storage facility. Jim stated the storage facility would be last.


Michael Kopshever: My wife and I want to put an in-ground pool in our back yard and we found out we have a 25-foot easement in the back yard, utility and drainage. We went and got letters from all the utilities stating that we have approval from them to put it in the easement, Sigecom, Vectren, WOW (which is sigecom) A T & T for the phone and we have picturesÖ


Don Williams:Do you have copies of those filed with the Surveyor? We probably need copies of those.


Sean Owen:Well, they will be on file with the Area Plan Commission.


Nova Conner:So is there anything there now in terms of.....inaudible.


Don Williams:Where are all the utilities that signed off for you, Mr. Meyer?


Mr. Kopshever showed the Board the letters he received from all the above mentioned utilities. (Mr. Kopshever was not on the microphone so it was inaudible what he was saying, something about to vacate easements and the access.)


Mr. Williams stated that there was plenty of room for them to have access.


Nova Conner: I will make a motion that we accept the request for the vacation of the easement.


Don Williams:I will second it.


A motion was made and seconded to approve the request for vacation of an easement. Motion passed 3-0.




Jim Niemeyer:The next item is in regard to a legal drain which we are calling the Schnucks Agreement with Mr. Nodarse.


Henry Nodarse: How do you do, Iím Henry Nodarse, an Engineer with Bernardin Lochmueller Engineers and Iím here to answer questions or discuss the petition to extend Edwards Ditch a regulated drain along the southern boundary of the Schnucks property at Bell Oaks Center.


Don Williams:I think that there is at least one question I think all of us have in the back of our minds, anyway is what were they wanting to put in that easement? I guess my question is would it impede the cleaning of the ditch?


Mr. Nodarse: Iím not sure. The only thing that I can show you on these plans, the only thing that they want to put that would be in the actual 25-foot proposed entryway is pavement. Thatís it, there are some existing utilities that are already in the area that I marked up on the plans. They will have to be worked around a little bit, there is a few telephone boxes and electric transformer boxes and a hydrant, things like that.


Nova Conner:Do you have it there, can you show it to us?


Henry: Yeah, I can processÖ.

Phil Baxter:If pavements the only thing they want to....(inaudible)


Henry:If you feel uncomfortableÖ..


Don Williams:But there is still plenty of room to get in there and clean the ditch, I think thatís our only concern is having the room to get in there and clean the ditch.


Henry: I just highlighted the items, you know looking down at top of bank the existing pedestal, the existing transformer etc etc. The proposed new pavement is here within the right of way entry so that is legal, there is also an underground water main in that right of way. If you feel uncomfortable you could say that Schnucks can not put up any fences.


David Zengler:The attorney Iíve been talking with Mr. Delucio has actually been here a few times. We approved the agreement other than paragraph six, the way he is proposing paragraph six is the only improvements would be as pursuant to the site plan. Which is what I guess you have here? Is that correct?


Henry: If you want to refer to the site plan, you can refer to the site plan.


David Zengler: Which is what he has done, he refers to the site plan as the only thing they would put within the right of entry.


Henry: The condition for a water main too, I read that document too. It does not actually show on the site plan because it is underground. So thatís the only two items they would put. The underground waterline and the pavement. I donít know how many legal drains you have with asphalt right next to it but you may want your contractor to use rubber tires or rubberized pads.


Don Williams:That would be a concern I think. We need to make that a legal drain there is no doubt about it, my only concern is having room to clean the ditch out so water will flow and get it out of that area.


Henry: There is room to do that, there are a couple of items to get around but there is room.


There was other conversation but most of it is inaudible.


Phil Baxter: Are there any other questions?


Don Williams:So is the agreement ready to go?


David Zengler: I think for today if you would approve paragraph six which is the one I handed out that provides that the improvements would be as shown on the site plan, that is what this paragraph says, all the rest of it has been approved.


Don Williams:So we just need to approve the amended agreement. I would move that we approve the agreement with amended paragraph 6 with Schnucks.


Nova Conner:Second


Motion was made and seconded to approve agreement with Schnucks with amended paragraph 6. Motion passes 3-0.




Jim Niemeyer: I have one other item, it is Ralin Storage Facility.


Wade Vogel: My name is Wade Vogel, Iím with Morley & Associates. I am requesting approval for the drainage for Ralin Storage, its lot 4 of Peachwood of Warrick Place 4 and then 4 acres to the east. So lot 4 has its own drainage and it all goes to the street. But the 4 acres to the east is going into a proposed dry bottom basin. There is a basin already there for the property to the south of it, weíre just expanding the basin.


Mr. Vogel pointed out the main storage facility and the small basin on the plan.


It was asked if Steve Sherwood had signed off on this and Mr. Niemeyer answered that he did and that he approved it.


Phil Baxter:Okay, any other questions?


Don Williams:I move that we approve the Ralin Storage plans.


Nova Conner:Second


Motion was made and seconded to approve Ralin Storage Drainage plans. Motion passed 3-0.




Phil Baxter:We have claims in the amount of $24,459.56.


Don Williams:Do we have that much left in our account?


Jim Niemeyer:I think so.


Nova Conner: I make a motion to accept the claims for the total of $24,459.56.


Don Williams:†† I second that.


Motion was made and second to pay claim. Motion passed 3-0.




Linda Benthimer:My name is Linda Benthimer, I live at 1744 Covey Drive here in Boonville and I guess I really just have a couple of questions for you. Mr. Niemeyer came out and walked the ditch and he did come back and tell us that it is not a legal drain. It legal drains up to the point where the city starts and then it is a legal drain all the rest of the way through the town and then goes back out into the county. I want to knowif this MS4, this new law thatís coming into affect or has started, we did get a paper to you. But would that still affect that?


Don Williams:Thatís not under the jurisdiction of this Board, thatís a different board but itís the same people. But that is what that is designed for. The problem that we have right now is the County Council may or may not give us any funding until next year. We just donít know. But you did complete the letter that our consultant handed out so we have that request and this Board has no jurisdiction to take care of that type of problem. But a Storm Water Management Board does as long as any property owner will give us the right of entry to take care of it. We cannot go on private property.


Linda Benthimer: Well the problem is not in the city limits of Boonville, what is causing the problem in Boonville where I live but the actual ditch part that is the problem that is clogged and has all the stuff in it is actually in the County.


Jim Niemeyer: Yes, itís in the County and it could beÖ.it is really bad and it should be cleaned out but its not a legal drain that we could go do it.


Don Williams: Weíll just have to wait until the other Board gets going.


Phil Baxter:Iíve talked to Mr. Canada and I talked to the Mayor yesterday and Iím going out there probably next week sometime, there is a lot of junk that has been thrown in there for some reason and there is a possibility that we can do something about getting that out of there.


Don Williams:If itís a natural impediment in a natural drainage.


Phil Baxter:It is.


Linda Benthimer: Iíve not walked back there myself but there are logs but also a bathtub and people have thrown trash and all kinds of things in there.


Phil Baxter:I think we can get that stuff out of there and I know that will help a lot.



Don Williams made a motion to adjourn, Nova Conner seconded. Motion passed 3-0

Meeting adjourned.