MARCH 12, 2008

2:30 P.M.



The Warrick County Storm Water Management Board met in regular session with President Phillip H. Baxter presiding, also in attendance were Nova Conner, Vice-President; Don Williams, Secretary; Bobby Howard, Director; James E. Niemeyer, Operator and David K. Zengler, Attorney for Board.

Minutes were recorded and transcribed by Cheryl D. Embry.




Phil Baxter: The Warrick County Department of Storm Water Management will now come to order. First on the agenda is the approval of minutes of February 20, 2008.


Don Williams:Move to approve


Nova Conner: Second


Motion was made and seconded to approve minutes. Motion passed 4-0.




Bobby Howard: The first thing I had was to discuss the Storm Water Ordinance, I just wanted to state that we have set up an Ad Hoc Committee that will be meeting tomorrow morning at 9:30 downstairs in the conference room. I believe Jim Niemeyer is a part of that and if anyone else would like to attend tomorrow morning.




Bobby Howard: Then the next item I have quickly is the user fee status update. I have been in contact with Doug Baldessuri of Umbaugh and they have gotten some information back from Manatron in order to get these fees placed on the property tax bills basically weíre waiting, heís waiting for one more thing from Manatron before he can move forward and then I question his amount that he thinks that will be coming in this period. He says that there are 9,791 residential ERUís and I believe we have more than 9,791 residential homes in Warrick County.


Don Williams:Absolutely


Bobby: So I have an issue with that and we just traded e-mails right before this meeting so Iíll have more next meeting to discuss that but weíre on track to have this added to the May billing and I donít know if you want to discuss the non-residential current tax exempt is not part of Manatronís contract, they donít have those on record and I didnít know if we wanted to discuss changing the ordinance on how much that theyÖÖif we want to bill them like a residential property and just make it $5.00 per month as wellÖ


Don Williams:We found out we pretty well have to charge them something, I think.


Bobby: If we go by impervious area youíre going to have some of these churches and things paying $2,000.00 a year or better.


Don Williams: When you were talking to me about levels, which really sounded good to meÖ..


Bobby: We need to look at that a little harder where we want to cap it at if we do it that way. But I need some guidance because we really need to get it in the ordinance quickly so that it will go to this billing cycle. If we do it as oneÖif we quip them like a residential we would have approximately $7,000.00 of income from that and annually right not theyíre estimating $950,000.00 not including the tax exempt and I think their numbers are low right now anyway because thatísÖÖ..


Nova Conner: But youíre saying just the $5.00 from those that we would get a gross revenue of what did you say?


Bobby: Well, if we just charged the $5.00 per month it would be around $960,000.00, weíre at $949,000.00 without it so I think we could get $7,000.00 more to be at $956,000.00.


Don Williams: I canít remember the exact numbers that weíre talking about. I think impervious area is impervious area and everybodyís got to pay something. We know that by law we canít exempt them. This is just my thought is you know if theyíre non-profit, whether it be church or school or whatever they are if they are tax exempt 1 to 4 units charge them for one EDU, if they are 5 to 9 charge them for two and if they are 10 or above charge them for 3. Now what that would amount to would be $60.00 for the 1 to 4 which is just like a single residential unit and then if they were 5 to 9 it would be like two residentials which would be $120.00 for the year and if they were a huge operation and had more than 10 then it would be like three houses which would be $180.00 a year which I think is reasonable.


Nova Conner:What was the work that you had done, Bobby, because I was thinking that your break down wasÖÖ


Bobby: I looked at several different options but on looking at them weíve had some with the equivalent residential units and well with the schools currently we have some that are close to 600 and some churches that are close to 200 or better right now but a lot of those areas do have retention. And they are not contributing that full impervious area.


Don Williams:I think if somebody is contributing and itís not going into one of our drains they could appeal, I mean I know there is an appeal process. I mean just for example take a little church in Lynnville like Barnett Chapel their actual EDUís is 1.6 and all their water goes right into a stripper pit none of it hits a county drain. So ifsomebody like that whether they are 1 EDU are 2 or 30 EDUís if it is going somewhere other than a county drain then if they file for exemption then we could probably exempt them all together or just down to 1 EDU?


Bobby: Probably just down to 1 EDU.


Nova Conner: Bobby, didnít you have a cut-off that you had recommended originally?


Bobby: Well, I had looked at a few different options, but the options that I was looking at were still pretty excessive for schools and churches.


Don Williams:Do you think mine is too low?


Bobby: No.


Don Williams:And mine is completely arbitrary, I just said this sounds good.


Phil Baxter: At the rate Don just mentioned how much would that be per year? The highest one?


Bobby: Well, the highest one at 3 EDUísÖÖ$180.00 per year.


Nova Conner; Thatís pretty reasonable.


Phil Baxter: That would probably be a couple of schools, two or three churches probably.


Don Williams:Several churches.


Phil Baxter: Yeah, probably more than a couple.


David Zengler: Probably almost all of the schools.


Bobby: If we look at anything over what was it ten?


Don Williams:I think we were talking earlier 5 EDUís for anything over ten. I canít remember exactly what it was.


Bobby: If that is the way you would like me to proceed to look at something like that with the cap at maybe 5 EDUís or 3 EDUís.


Don Williams:Well, that would be up to my two collogues, I just kicked it up there to talk about.


Phil Baxter: I agree with Don like Barnett Chapel, Otter Creek Church, a lot of these churches donít affect anything at all water wise but of course we have to charge them something and they are very small churches.


Don Williams:And the ones a little bit larger like North Friendship up there in Lynnville on the highway, everything there runs downhill and then into stripper pits.


Nova Conner:So weíre really not determining it though, like where itís flowing right youíre determining it just byÖÖ


Bobby: Currently weíre setting it up by us capping an EDU amount and then if they would like to appeal that, they have a process to go through to do that and we would evaluate it in house, my office and give a report.


Phil Baxter: I like that.


David Zengler: But we probably need to be doing this because we need it finished.


Bobby: Right, we need to get the ordinance amended.


Nova Conner: So youíre saying that Castle High School would be like 190 is that what you said?


Don Williams:180


Bobby: And then that would max out at the 3 or 5 or whatever we discussed.


Don Williams:The school board, I mean weíre talking you know 3 or 4 thousand, the school board member who shall remain nameless stated that he didnít think it was a problem.


Nova Conner: I think the way you were doing it then it came down to what 45,000 when you were looking at CastleÖ..


Bobby: That was one of the options, but I donítÖ.Iím not necessarily considering the amount of income weíre going to bring in as opposed to coming up with something that isÖ.if someplace has 3 times the impervious area has the lower than 3 EDUís you know would suffice.


David Zengler: If you go to the system that Don is talking about, I think you would eliminate a lot of appeals and a lot ofÖ.whether somethings you know a 100 EDUís or 150 EDUís you know I think we would eliminate a lot of those issues.


Don Williams:I think the thing to keep in mind is most if not all are non-profit or service type organizations, service to the community in some way whether they be religious or non-religious.


Nova Conner: So again itís not going to be based on impervious area ití just going to be based on the EDUís?


Bobby: Well, the EDUís are based on an impervious area but if you are over 5 EDUísÖÖ


Nova Conner:Right, but in terms of youÖÖ..


Bobby: If you are over 10 EDUís you would max out you would just pay 5.


Nova Conner: Right, but in terms of their process of the way they eliminate it like he was saying some of the churches it just goes right to theÖ.I mean cause you know when we looked at Alcoa we gave credit because of that.


Don Williams:Only 10% of their water was going into our waterways.


Bobby: Right and we would file that process later as an appeal would come in if an appeal would come in. But currently that is how Iíd like to move forward then and go ahead and ask that once we approve it that the 5 EDU cap, anything over would you sayÖ.


Don Williams:1 to 4 one EDU, 5 to 9 two EDUís, and 10 and above 3 for non-profit organizations, tax exempt.


Nova Conner: Bobby, is there another way you want to look at that? But I think thatís a good idea.


Don Williams:If you want to look at that another way, I just threw that out there.


Bobby: Iím not opposed to do in that method and also for the sake of moving forward so we can get this on theÖÖ.We can always reevaluate it later.


Phil Baxter: Then is you could do that then let us know how much money this will be total, if you can figure that out.


Bobby: Do we want to go ahead and have an amendment to the ordinance prepared for the next meeting?


Nova Conner: To use it in those terms?


Phil Baxter: It sounds as good to me as anything.


Nova Conner: It does to me too.


Don Williams:I will move that we have Mr. Howard make changes to the ordinance to reflect on non-profit organizations, your churches and your schools and so forth that we cannot exempt them because it is a utility but we can pro-rate them and I would make a motion that those who are one (1) to four (4) EDUís pay one (1) EDU, five (5) to nine (9) two (2) EDUís and ten (10) and up pay three (3) EDUís.


Nova Conner: Second


Motion was made and seconded. Motion passed 4-0.


David Zengler: Let me ask a question maybe I didnít hear your motion, did you say non-profit and commercial?


Don Williams:No, tax exempt, let me amend that if I need to tax exempt, I said non-profit but Iím talking tax exempt.


David Zengler: Okay, is there still an issue, Bobby on commercial?


Bobby: No, all the commercial property is moving forward. This is the non-residential tax exempt.


David: Iím sorry, yes itís the tax exempt that is the issue.


Bobby: Okay, Iíll bring that back to the next meeting.




Bobby: The other item up for discussion is the proposal from Bradley Mills Inspection Service.


David Zengler: I prepared something and had Bradley look at it and I think even the copy youíve got has been signed by them so this is a proposal and obviously you may change it if you like.


Don Williams: Have you read this, Phil? I think itís very straight forward, I think itís pretty much exactly what we ask for.


Nova Conner: And I do like the thirty (30) day agreement.


Don Williams:Out clause.


Nova Conner: Yes.


Don Williams: So I would move that we approve the employment agreement between this utility and Bradley Solutions LLC as Mr. Zengler presented that and further move that our president sign that on behalf of this Board.

Jim Niemeyer: Iíll second that motion.


Motion has been made and seconded to approve agreement. Motion passed 4-0.


Nova Conner: Iím like you it is very straight forward and it will at least give us an opportunity to see, thatís the thing.


Bobby: I will contact them and ask if I can set up a meeting as I have several projects in areas are ready for their review.


Phil Baxter: Is there anything else, Bobby?


Don Williams:Are we going to have citizens complaints?


Bobby: No, there were on here just in case we had some.


Phil Baxter: Anybody have anything?




Jim Niemeyer: I have a few items. One thing Iíd like to suggest is that Bobby and I get together and review the studies that we completed last year, primarily those that enter into the area of Storm Water protection. We spent a lot of money on these studies and now is the time that we sit down and begin to work on them. I will compile all those along with drawings descriptions and so forth and put that together.


Don Williams:Youíre talking primarily about the studies that BLA done for us?


Jim Niemeyer: Yeah, we came out of there with seven (7) or eight (8) maybe nine (9) different areas of concern.


Don Williams:My request is that you and Bobby go over these, look at the cost and prioritize them in the order that you think we can feasibly do them according to the priorities.


Nova Conner: Now, Bobby would any of these that he is talking about will they be in the list that you are supposed to be getting from Commonwealth?


Bobby: I donít think that Commonwealth is aware of these items, I have not seen most of these items.


Nova Conner: Have we had any information on when we are going to getÖ..


Bobby: The last I heard from them was supposed to be sometime this month that they would be delivering for our review and then we will move forward from there.


Nova Conner: Are they are prioritizing them in terms of what they see, I was thinking they said they would do that.


Bobby: They are talking about doing that but I donít know what information they are using to do that.


Nova Conner: And isnít that strictly just information they got on the surveys that theyÖ.


Jim Niemeyer: Yes, thatís all they had.


Nova Conner: So some of that might have included some of the ones he did studies for, do you think?


Jim Niemeyer: It may, they should. I have one more thing.




Jim Niemeyer: Iím still waiting on a reply from Commonwealth on the end of report which I have completed. I have talked to them twice both Don and Mike and they have not replied as yet. I think that they should because Don and I did the first two together and the last one Mike and I completed it. I think itís all right but I think they ought to review it before weÖ..because from here on out I anticipate Bobby or somebody on his staff will be doing those annual reports.


Bobby: Yeah, the next report after this will be in two (2) years and then they are every two (2) years now instead of annual.


Jim Niemeyer: Then we need to begin work on the license permit renewal.


Bobby: Right we have to do a new NOA and a new part A submittal for that.


Nova Conner: When was that report due againÖ..AprilÖ..


Jim Niemeyer: April 15th I believe.


Nova Conner: So you feel like you have it done and then its just a matterÖ.ok. Because I know she was very vocal or pretty adamant about getting those in and getting them on time and holding people accountable.


Phil Baxter: Anything else, Jim? Anybody else? Do we need to adjourn?


David Zengler: Technically, I donít think you need to adjourn.


Don Williams: Did we open both boards, I thought he only opened the Storm Water Board.


Phil Baxter: Thatís all I opened.


David Zengler: Okay, well open the other one then too.


Don Williams:So we can keep this one open in case something comes up.





MARCH 12, 2008


Phil Baxter: Warrick County Drainage Board, March 12, 2008 will now come to order.




Phil Baxter: We have the approval of minutes from February 27, 2008. Motion to approve?


Don Williams:So moved


Nova Conner: Second


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




Jim Niemeyer: The first item on our agenda this afternoon concerns drainage plans and the first one on the list is Piper Ridge. Is anyone here to represent Piper Ridge?


Glenn Merritt: My name is Glenn Merritt, Iím with Cash, Wagner & Associates 414 Citadel Circle Evansville Indiana I am the Engineer on the project. Since our previous meeting on February 20th we met with Jennifer Shank and we added a swale, a rip rapped swale on her property. It is swale 3 and 4 just south of her existing pole barn and then she drafted a letter stating that she had reviewed the plan and she was satisfied with the improvements that we showed on her property. That was the main issue last month I do believe where you wanted an agreement between the developer and the property owner to the north there, Miss Shank to make her happy that the pole barn wasnít going to get any water from our increased run-off from the site. If there are any questions from the board I would be happy to answer them at this time.


Jim Niemeyer: At the last meeting the question was raised about whether we should have detention or non retention and I was directed by the Drainage Board to meet with Mr. Sherwood our Chief Deputy to prepare a report on the situation pro or con and I received the report and it has not been released for public viewing until the board reads it and has time to interpret it.


Don Williams: I donít know about you but I havenít had a chance to read it as it just came in today.


Jim Niemeyer: My suggestion is and Iím going to recommend that you table this until the next meeting so that you have a chance to absorb it because whatever decision is made could be far reaching.


Don Williams:I saw your report in my basket but I did not have a chance to read it before meeting, I donít know about the others.


Mr. Merritt: I have been trying to get a copy of it since last Monday when I talked to Steve Sherwood, I donít know when Jim received it.


Jim Niemeyer: I received mine yesterday.


Mr. Merritt: But like I said I spoke to Steve last Monday and he basically told me what he was going to write in it and he said as soon as he turned it in to Jim then it would be public record and I would be able to get a copy of it and Iíve still not seen it either.


Phil Baxter: We received ours about an hour ago.


Don Williams:I donít want to put this thing off myself butÖÖ..


Les Shively: Just for the record, my name is Les Shively Subdivision control ordinance which precedes any requirements drainage before that has its own set of drainage requirements and it does not require detention or retention it requires that you meet certain specifications and handle storm water run-off. This plan does that, you asked us at the last meeting to get with the only affected property owner who is downstream, we did that, modified the plans and you also wanted something in writing that showed that she was satisfied, weíve done that. This is not a 200 lot subdivision, this is 5 lots, I mean weíve complied with the ordinance and the problem with this now stymies us, we canít move forward or anything else. I know there are people out here that donít want to see this happen for reasons that have nothing to do with compliance with ordinances but has to do with private reasons. But Iím sorry to say this I just donít see the reason why weíre delaying this I mean we did everything we were supposed to do and I donít know why there is a report out there that hasnít been given to our engineer. We want to meet legitimate concerns but now weíre going to be delayed again until April.


Don Williams:To be honest, Mr. Shively if he wants a copy Iíll pull the one off my desk and get me another one. I have not read it yet, County has paid good money for this licensed surveyor to take a look out there, itís one that Jim has on retainer and for us to pay the money to do that and then not take the time to read it I think that would be pretty frivolous and a big waste of tax payer dollars. Weíre not trying to stymie this, weíre not trying to put it off weíre just want to get it right.


Mr. Merritt: I understand the concern myself like I said I spoke with Steve Sherwood and I know our last meeting was approximately three weeks ago and Iím just not sure why the process takes so long where you guys get the letter an hour before when I spoke to him last Monday which is a week and a half ago and he basically told me what he was going to write in the letter. I donít know itís a pretty easy thing to say that we donít have the letter that he didnít have time to review it, I mean this thing has been sitting there for two months now and every time we come here itís tabled for one miscellaneous reason or another, I donít know itís like Mr. Shively said I think weíve met the ordinance and everybody should have had ample time to review the plan.


Nova Conner: I think the last time was the only time it was tabled, right?


Mr. Merritt: Right, but we turned the plans in January 2, 2008.


Nova Conner: And we really did truly ask for a report from Steve Sherwood and we did, we just got it an hour ago and I donít feel comfortable because there are some recommendations in there and I just read it very briefly but I do think we need to look it over and to see. I agree with Commissioner Williams, I feel like we need to look at it.


Mr. Merritt: I donít have anything else to add.


Don Williams:I would be glad to give you a copy before you leave here.


Mr. Merritt: Right that still doesnít like I said put us any further weíre still sitting and playing a waiting game.


Don Williams:Well, are you planning on turning mud or are you going to wait until it dries out a little. I mean I know a little bit about construction.


Mr. Merritt: No, I mean the owner hasnít given me any recommendation on what sheís wanting to do, but like I said we turned it in, in January expecting to get some kind of resolution in February and now itís going to be April. Itís just one thing after another.


Don Williams:No, it will still be March, it will be two weeks from now. If itís any consolation I donít have a problem with your plan.


Mr. Merritt: Two weeks from now itís a month every timeÖ.last time it was three weeks because we got pushed off the first time for the snow.


The commissioners had a discussion about Road School and Commissioner Williams stated that he would not be here for the meeting of the 26th but Commissionerís Baxter and Conner stated that they would be here.


Commissioner Baxter stated he also did not have a problem with the proposed plan as it takes care of the pole barn.


Don Williams: And that was my main concern, what I was concerned about you and the property owner worked out.


Doug McClure: Iím not downstream from that Iím obviously up on the other end on Pfafflin Lake. But since youíre still looking at it, the only thing that I would ask is that hopefully everyone takes a look at is there seems to be a pattern in these developments as they go in not following code and by-passing things like detention ponds. I guess my question is it looks like the proposed plan meant to re-route around Shanks property probably would do that but if Iím understanding the way it looks. Itís a plan that basically is providing against erosion which means that youíre saying that the natural topography of that ground is going to capture the run-off with all of the trees and the shrubbery that is gone from there automatically feed it into that creek system connect it down to another creek and then it will eventually dump into the Ohio River. My question is who has ownership of maintaining that creek, is it the County or the people that would be buying that land because you donít have to go very far down Pfafflin Lake on a straight line from that creek to the end of Pfafflin Lake and youíll find flooding. So if the County does not ownership of that creek maintaining it, creeks dam up, creeks have erosion is somebody going to disclose to the people buying this property that Hey if you have flooding problems itís on you and I guess Iím just questioning why we keep short changing the code, when the code calls for a storm drainage system and a detention pond.


David Zengler: If I might answer some what that is some of the concerns of Mr. Sherwood.


Mr. McClure: Thank you, thatís all I wanted to say.


David Zengler: Not to belabor the point, I have reviewed this report and Mr. Shively and I may have a disagreement but Mr. Sherwood does showÖÖMr. Shivelyís interpretation of our ordinances he disagrees with. He states that he feels that it does require retention, since we not decidingÖ..but youíll get a copy.


Mr. Shively: Mr. Sherwood is an engineer, Iím an attorney, thatís what I do, thatís what you do, Iím not going to try to design, but I know what the ordinance said, I helped draft the subdivision control ordinance, I participated in the meetings and we made it very clear that these requirements super ceded anything that was out there and everyone has played by those rules including my client and their clients engineer.


David Zengler: I understand, Iím just pointing out to the Board that that is what some of Mr. Sherwoods concerns are. Iím agreeing that you need to look at Mr. Sherwoods proposal.


Phil Baxter: What is the wishes of the Board?


Don Williams:Move to table for two weeks.


Nova Conner:Second


Motion was made and seconded to table for two weeks. Motion passed 3-0.




Jim Niemeyer: The next drainage plan is for Hill View Subdivision.


Bill Bivins: Bill Bivins, engineer. This is an out lot basically that the owner of lot eleven (11) in Hill View Subdivision purchased and it has no access to Lenn Lane so the purpose is to create an access to Lenn Lane is zoned agricultural only one (1) residence can go on this property and itís basically to get him access so that it can become a building site.


Don Williams:What are you asking us to do? I mean who owns the property?


Bill Bivins: He owns the property, yes he owns lot eleven (11). So we created a fifty (50) foot access for him to get to the property.


Don Williams:Now is this on lot eleven, explain it to me.


Bill Bivins: It came off of lot 11. (Mr. Bivins was showing the Board the plan and explaining it to them off microphone) taking a fifty foot strip from this lot so that he can have access to it. All we need is no drainage plans required as weíre not doing any major construction or anything out there. It is going to have to be subdivided for him to get access to it.


Don Williams:Whereís the water go?


Someone in the audience said, in my yard and someone else said in my yard too.

Mr. Bivins answer was inaudible.


Nova Conner:†† Is he building another house on there?


Bill Bivins: Yes, just one house. Heís selling the property.


Nova Conner: Jim, did you look at this in terms ofÖÖ


Jim Niemeyer: No, Bill what about drainage requirements?


Bill Bivins: Thereís one house on an acre very minimum requirements, weíre not creating a major subdivision or anything itís just a house. I know there have been some rumors about apartments but there are not apartments going in there. No way possible unless it is rezoned.


A lady in the audience stated talking and Commissioner Baxter asked her to please come forward to the podium and state her name for the record.

Karen Jerger: My name is Karen Jerger and I live at 7333 Lenn Lane. My house is right by the drainage ditch. When it rains really bad as it is now the ditch overflows, it goes across our drive way because the ditch isnít enough to even supply the houses that are there now. They are at the top of the hill, you canít tell me the drainage isnít going to go down the hill, itís gravity. So unless they do something to help that they are just creating more problems for us at the lower end of that ditch.


Nova Conner: Can you show me where you are in regards to your house (on plan).

More people came up to the podium and each one was talking to a different commissioner. They were all complaining that they were flooded now and that they could not possibly take on any more water.


Bill Bivins: We have no problem continuing this until we put a retention basin on there at the next meeting.


Ron Backner: My name is Ron Backner 7411 Lenn Lane We are here now, we took off work and it cost us money to come here. I am the neighbor of this guy that wants to do this. Obviously you donít have the whole idea of what happens there. The owner now bought this piece of property off the other neighbor who bought it so he could start a business. When he found out this was zoned residential he had to stop it, so he sold the property to this guy and this guy thought he was going to get away with doing something up there too. He went up there and cut the field down, Iíve lost three drive-ways I had to put a retention wall up, I had to put drains in, I had to raise my yard up to put the water to the front of the house. Now itís shooting down the back yard but it flooding them out. You want to see, Iíve got pictures. (Mr. Backner has video he shows all Commissioners)


Gene Riehle: My name is Gene Riehle and I live there too. I got thisÖI was out shoveling snow and Ron comes walking down and said what are you going to do about the meeting and I said what meeting? He said the public meeting. I said what public meeting? As far as I know, the public meeting one guy on the whole street got a notice that there was going to be a public meeting. Nobody knows anything about a public meeting, this is all word of mouth. I donít understand what the word public means I guess.


Don Williams:Who is notified, the adjoining neighbors?


Mr. Riehle: Nobody got no message.


Bill Bivins: Only the adjoining neighbors get notified. Everybody that touches the property gets notified.


Mr. Backner: (showing the video) That guy that owns the property has his drains piped underground where you couldnít see them, my wife and I just happened to see the gusher in our yard.


Ms. Backner:(?) When youíre viewing that just keep in mind that our yard is level with the ditch. Sometimes I have this much water in my whole back yard because the ditch fills up and there is no place for that water to go.


Don Williams: Is the ditch filled in?


Ms. Backner: What do you mean filled in?


Don Williams:Is it more level or is it a ditch?


Ms. Backner: No, it goes down and my husband and all make sure the tree stumps are all clear so it goes down sometimes we have 3-4 inches of water in our whole back yard.


Mr. Backner rewinded the tape so everyone could see it and stated that at the next meeting he would inform the Commissioner how the owner tried to pull a shrewd.

You can see the underground pipes in my yard from them and the wall I had to build. It cost me $4,500.00 and I had to rebuild my drive-way three times there is another $2,000.00.


Phil Baxter: Bobby are you familiar with this area?


Bobby: Iím not aware of the flooding. Itís the first complaints Iíve heard of flooding.


Mr. Backner: We never had that problem when that field was up there in grass.


Don Williams:When did your problems start?


Bobby: You are saying the last ownerÖÖ.


Mr. Backner: The problem started I think when Myers went up there and mowed that hill down or whatever he did up there. When he bought that property up there after that it has been a total mess.


Nova Conner: Since he just mowed it?


Mr. Backner: Yeah, well itís up on a hill, I donít know what they did, they bought the property off the other guy from Lincoln who owned it buy they never got access. But when we get into the next meeting Iíll explain to you what went on from A to B to C to D whatís going on up there because they are using this place as a commercial buildings and stuff, itís got to stop.


Don Williams: Jim, we need to investigate so I move we table until it can be investigated. Iím not going to support anything that creates more flooding.


Lady: I live on lot 15 and I guess one point Iíd like to make is that this gentleman purchased the land knowing it was land locked and now that he has purchased it, now he wants accessibility but he purchased it knowing full well that there was no access to it. I realize that the restrictions that were in place at the beginning of this subdivision were in place until 1999 but the original intent it says that under no circumstances may any residence be erected, constructed, altered, placed or permitted to remain upon less than 1 full lot as subdivided according to the recorded plat of this subdivision. So if he takes part of his lot to make a drive-way through that is not the intent of the original subdivision.


Don Williams:Are those the subdivision covenants youíre reading us?


Bill Bivins: It expired in 1999.


Lady: Yes, I did say that it expired in 99 but like I said it wasnít the original intent and I purchased my property prior to 1999, so I purchased it you know under certain understandings at that time.


Phil Baxter: Okay, what was the motion?


Don Williams:That we table until April 9, 2008.


Nova Conner: Second


Gerald Chrostowski: 7400 Lenn Lane I have lived at this residence for over 36 years, itís been a nice residence and weíve always depended on that culvert down there and I cannot seeÖ.Iím already getting drainage from this property, Iím only two houses away. Now I would hate to say that after Iíve lived there for 36 years that I have to pack up, I am almost 67 years old I donít want to pack up now and leave my house. I have a residence that I love thatís been there as long as I have or not longer. Why this man wants to do this I donít know, itís tearing up that property. It is not fair to the people that have been there for years. We as families have had many grandkids grow up on that street and I donít want to see it tore up. Thank you.


Phil Baxter: Okay, motion to table until April 9, 2008 with a second. Motion passes 3-0.

Commissioner Baxter explained that Hill View Subdivision would be tabled for the next meeting also.




Jim Niemeyer: The next discussion concerns Paradise Gardens Subdivision.


Bill Bivins: Bill Bivins, Engineer, this was approved back in December as a 65 lot subdivision and if you will remember the cul-de-sac stopped about right here and that was how we picked up the addition four lots. The drainage plan is still the same it still goes to the big pit that goes all the way down to Summer Pecka and by calculations the water that runs off of the will raise that pit about 1/8 of an inch with a 100 year storm.


Don Williams:Where is that pit located? And your adding those lots where?

Mr. Bivins showed Commissioner Williams on the plan the answers to his questions.


Jim Niemeyer: That lake goes beneath Vann Road and empties out into Summer Pecka Ditch. I recommend we approve.


Nova Conner: I thought you said that Steve had some question on this.


Jim Niemeyer: There were some questions we had concerning the burial of the pipe. I have asked Bill to add to his plans for installing the pipe to give instructions specified by the manufacture. This will become part of our storm water management program I would think.


Nova Conner: Wasnít there some other issues?


Jim Niemeyer: The other one I asked Bill to remedy is the outlet pipe and he needs to installÖ..


Mr. Bivins: What his concern was he wanted a grate put on that which we did in the addendum and I indicated how these holes were going to be spaced for additional protection.


Nova Conner: So all the questions were answered?


Jim Niemeyer: Yes.


Don Williams:Move to approve.


Nova Conner: Second


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




Jim Niemeyer: The next item concerns Warrick Industrial Park.


Don Williams:Has this changed any from the redevelopment meeting?


Lee McClellen: No, Iím with Morley and Associates. The project is for the upcoming approval of the plan commission for the plat to see which involves 8.38 acre tract of ground to be conveyed to Prime Foods for expansion and what weíre doing with this part of the plat is weíre installing a 54-inch pipe in an existing drainage swale in anticipation of Prime Foods putting a road way on top to access tractor trailer out onto American Way which would be south of the signal at Wal-mart. Basically the 54-inch culvert is just a pass through culvert. It collects water from the north side there in front of Wal-mart and brings it under 62 in a box culvert then goes under Warrick Drive in an elliptical pipe and it also collects run-off from the site where Prime will develop and also a culvert that is under American Way that drains the west side of American Cold Storage. So the culvert is strictly just a pass through culvert. It will pass the water through down to the storm water retention basin that was approved by this Board for tract 2-B which was at the time known as the Troyer tract and therefore the purpose of the culvert is for a future roadway.

Do you have any questions?


Nova Conner: I make a motion to approve.


Don Williams:Second


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




Jim Niemeyer: The next one is Wal-Mart.


Edward Kawalski: Wi Engineers out of Indianapolis.


Don Williams: Thank you, Mr. Attorney have you had a chance to read the Hold Harmless and are you okay with it?


David Zengler: Yes to both.


Don Williams:Mr. President, I move to approve.


Phil Baxter: Weíre not being rude weíre just all aware of what you want to do there.


Mr. Kawalski: The right of entry also?


Phil Baxter: Yes


Nova Conner: Second


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




Jim Niemeyer: I have a request from an engineering company that is doing work for INDOT to study the State Road 61 and Boonville By-Pass. They would like to have our contours which appears on our GIS system, our think map as they donít have them.


Don Williams:Are they asking for that in an electrical format or hard copy?


Jim Niemeyer: We have a disc that we can down load for that. (he passed out papers)


Don Williams:I donít have a problem with it. Iíve seen this somewhere.

Nova Conner: Are there fees associated?


Jim Niemeyer: If we want to attach any sort of agreement to this we can do that. This is our property and we paid a lot of money for that.


Phil Baxter: Do we need a motion or just a consensus?


Don Williams:Move to approve, your asking for just that one layer right?


Jim Niemeyer: Right I will prepare an agreement and go through David and Bobby and see if you approve of that.


Bobby: Basically they are asking for this layer to help them do their State Road 61 Boonville By-pass project so I think it would be beneficial to approve that as soon as possible to keep that moving.


Nova Conner: Have we done that before Bobby, have we ever charged a fee for that?


Bobby: Normally I donít think we do and especially since this is to benefit our Community and INDOT.


Nova Conner: Iíll second Donís motion.


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


Phil Baxter: Anything else, Jim.




Jim Niemeyer: One more item and it concerns Schnucks and Bernardin and Lochmueller who is doing all of their engineering and they have submitted a request to change the drainage there storm sewers because they are going to increase the size of the drains. They are increasing the two elliptical shape culverts to box culverts which all the way around they have increased the capacity and in so doing they have also lowered the water that may accumulate after a hard rain in the parking lot from 6 inches to 1 Ĺ inches. I have no problem with it, I have been through it with Steve.


Bobby: They have also increased their retention as well.


Nova Conner: But youíre asking for approval?


Bobby: Itís an amendment to their original drainage plan.


Nova Conner: I make a motion to approve the amendment to the drainage plan.


Don Williams:Second

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




Bobby: Weíve got the Supplemental Agreement for the Drainage Ordinance which is increasing $1,000.00 to BLA for the Ad-Hoc committee, I asked for approval for that at this time.


Don Williams:Move to approve


Phil Baxter: Second


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




Phil Baxter: We have claims in the amount of $958.21.


Don Williams:Move to approve


Nova Conner:Second


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


Don Williams:Move to adjourn.


Nova Conner:Second


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