JANUARY 9, 2008



The Warrick County Drainage Board met in regular session with Vice President Nova Conner presiding, Don Williams Secretary; James Niemeyer, Surveyor and David K. Zengler, Attorney for Board.

Commissioner Baxter was absent.

Minutes were recorded and transcribed by Cheryl D. Embry.


Those present in the audience were:




Nova Conner: I call Warrick County Drainage Board in regular session on January 9, 2008. The first thing on our agenda is the election of officers.


Don Williams:Madam President, I would move that we retain the same officers, Phil Baxter as president, yourself as Vice-President and myself as Secretary.


Nova Conner:Okay, do we have a second? I second that. I was just told two minutes ago that I was going to have to conduct the meeting, so the terminology might be a little off.


Don Williams:Youíre doing fine.


Motion was made and seconded to retain same officers in 2008 as in 2007. Motion passed 2-0.




Nova Conner:Next on the agenda is the appointment of Drainage Board Attorney.


Don Williams:I would move that we appoint David K. Zengler as our Drainage Board Attorney.


Nova Conner: Second


Motion was made and seconded to appoint David K. Zengler as Drainage Board Attorney.Motion passed 2-0.




Nova Conner: The Resolution 2008-1, Jim is that something with you orÖÖ


Don Williams:I would like to look at that, we have it here, I would like to make a motion that we approve with the exception of December 24, 2008. I know for a fact thatís a County Holiday I think we did away with Columbus Day to give them that extra half a day. Itís Christmas Eve so Iím pretty sure we wonít hold that meeting. If we need to hold a special one after the 10th I think we can entertain that so I would move that we approve Resolution 2008-1 with the exception of December 24, 2008.


Nova Conner: I second that and all in favor.


Motion passed 2-0.




Nova Conner: Certification of Active Drains 2008.


Don Williams:Madam President, I have a question for the Surveyor, would you rehearse the changes, I noticed that there were a couple of changes. The ditch behind Schnucks weíre making a legal drain is that on this. If it is I havenít seen it.


Jim Niemeyer: It was supposed to be, let me look.


Don Williams:I think Cheryl told me it was, I just havenítÖ..


Jim Niemeyer: I asked Sean to put that on there. Edwards Ditch. Do you see that, Cheryl?


Cheryl: Yes, itís added in on page 3, it has an asterisk beside it. We added on somewhere around 2000 feet.


Jim Niemeyer: That goes behind Schnucks and then on the east side of Springview Apartments.


Don Williams:Boesche Ditch.


Cheryl: That was decreased. It went from 395.66 to 395.79 miles.


Don Williams: So it just went up over .13 hundredths of a mile. Madam President, I would move that we approve the Certification of Active Legal Drains.


Nova Conner:Second


Motion passed 2-0.


Don Williams:Madam President, I move that we table the minutes of December 12, 2007 until January 23, 2008.


Nova Conner:I second that.

Motion passed 2-0.




Nova Conner:Next we have claims.


Don Williams:I move we pay the claims of $614.16.


Nova Conner:Second.


Motion passed 2-0.


Jim Niemeyer: I have a question, Don we received an invoice from Commonwealth Engineering we discussed that we approve to pay that at our next Stormwater Drainage Board Meeting?


Don Williams:Storm Water Management.


Jim Niemeyer:Which will be next week, Wednesday.


Nova Conner:Since we now have a budget and line item.


Don Williams:We should have an accounting budget.


Jim Niemeyer:I called Crystal and she said the funds are there. Iíve got one more thing Iíd like to bring up. What I would like to do is look into the possibility of possibly adding to some of our temporary funds or I should say temporary help funds. I see the need that we need to go into our Legal Drains and inventory those and Iíd like to look into it before I make a formal request because I know weíre missing some records and I think since the advent of Storm Water Management we ought to have a look at that.


Nova Conner: In terms of youíre saying determining going out and lookingÖ..


Jim Niemeyer: All the records, where are they, you know this has been going on for a long time and it would be wise to do that, I think.


Don Williams:I was going to say we just approved certification of legal drains, so what are we doing different? Are you saying actually finding the paperwork for all of them?


Jim Niemeyer: Actually getting the hard copy and I donít know if itís possible or not.


Nova Conner: Youíre not saying going out and actually doing the physical part of looking, youíre just saying the paperwork to say that they are certified.


Jim Niemeyer: Yes


Nova Conner:Where would that be?


Jim Niemeyer: They probably if theyíre not here we would be looking in the courthouse and the clerkís office and recorder.


Don Williams:The Auditor may have them cause the auditor is the repository for most of the legal documents of the county.


Jim Niemeyer: So anyway, Iíd like to do that.


Don Williams: You donít need our permission, I donít think. But I would say yes by all means.


David Zengler: Unfortunately, the legal issue may be we might not have all of those over the years. I think itís worth investigating.




Ottmar Jacobs came to podium and requested permission to cross a utility and drainage easement. He has consent from the three utilities.


Don Williams:This board can give you permission, now youíre wanting to build a fence. Now will this fence impede any water from flowing under it?


Mr. Jacobs: No, there is a swale and there will be a minimum of 4-inches and with the swale it will be about 12-inches. Itís just a decorative fence, vinyl and it can be removed by just undoing 4 screws.


Commissioner Williams explained that this board cannot approve the utility part but that at 4 oíclock the commissioners will meet and since he is the president and they can do that.So he moved that they approve the request from Mr. Jacobs to build the fence in a drainage easement.


Nova Conner: Second.

Motion passed 2-0.


The address is at 6200 River Bluff in River Bluff Subdivision in Newburgh, Indiana 47630.


Don WilliamsĒMadam President, if I might indulge this body for a minute. Mr. Jacobs what I would like to do is have Jim go downstairs with you to the Area Plan and talk to Sherri and tell her that we would like to take Mr. Jacobs right after we do the pledges and have her just write him in. She can present it for him and we will approve it since we have already talked to him.


Commissioner Conner asked for any other business.

Commissioner Williams stated he had none and made a motion to adjourn. Motion passed 2-0.