MINUTES

WARRICK COUNTY DRAINAGE BOARD

DEPARTMENT OF STORM WATER

REGULAR SESSION

AUGUST 9, 2010

Old Historic Courthouse

107 W. Locust Suite 303

Boonville, Indiana 47601

812-897-6170

The Warrick County Drainage Board met in regular session with President Tim Mosbey presiding over the meeting, also present were Art Noffsinger, Vice-President; Don Williams, Secretary; Phillip H. Baxter, Surveyor; Noelle Monimee, Deputy Director Storm Water David K. Zengler, Attorney and Recording Secretary, Cheryl D. Embry.

Present in the audience were Charles Lewis, Sean Suttles, Tom Newmaster and Tracy Helmer.

The meeting started with the members and audience reciting the Pledge of Allegiance.

APPROVAL OF MINUTES:

Commissioner Mosbey: I now call the August 9. 2010 Warrick County Drainage Board/Storm Water Board Meeting to order. The first item on your agenda is the approval of minutes from the July 26, 2010 meeting.

Commissioner Williams: I move to approve.

Commissioner Mosbey: Do I have a second?

Commissioner Noffsinger: I have to abstain as I was not here.

Commissioner Mosbey: I’ll second, motion made and second all in favor say aye. Motion passed 2-1. 1 abstention.

GOURLEY ESTATES:

Commissioner Mosbey: The next item is Drainage Plan approvals item #1 is Gourley Estates continued from June 14, 2010 meeting. Any comments?

Commissioner Williams: Yes, Mr. President it is my understanding that this deed has not been settled, is that right Sherri the deed has not been settled in court?

Sherri Rector: Right and Pam is on the phone and she can’t make it and Bill is not coming so there won’t be anybody here.

Commissioner Williams: Ok, then I would make a motion Mr. President that this be removed from the agenda until the deed is settled.

Commissioner Noffsinger: I’ll second.

Motion was made and seconded to remove item from agenda. Motion passed 3-0.

Sherri: We will have her send out new notices when we get the deed.

Commissioner Mosbey: That will be fine.

GREENFIELD FARMS:

Next item on the agenda is Greenfield Farms by Newmaster EERWA Development. Gentlemen. State your names please and who you represent.

Tom Newmaster with Newmaster Development.

Sean Settles with Bernardin Lochmeuller and Associates.

Commissioner Mosbey: Any questions from the Board? They are requesting to waive the requirements for submitting drainage plans for this project and Mr. Surveyor your comments.

Phil Baxter: These are all 2 ½ acre plus lots. So no drainage plans are required.

Commissioner Noffsinger: I move there are no drainage requirements.

Commissioner Williams: Second

Motion was made and seconded to waive the requirements. Motion passed 3-0.

Mr. Newmaster: Thank you and it felt good to say the Pledge of Allegiance too it was awesome.

Commissioner Williams: Well, come back again at 4:00 and we’ll do it again.

FENCE REQUEST: HALSTON MANOR SUBDIVISION:

Commissioner Mosbey: Next item is a fence request 4566 Rawlston Drive in Halston Manor Subdivision, Tracy Helmer. State your name for the record.

Tracy Helmer: I’m Tracy Helmer 4566 Rawlston Drive.

Commissioner Mosbey: I know I said that but we needed it for the record. Phil do you want to address this for us?

Phil Baxter: Ms. Helmer is putting in a pool and there is a drainage easement behind her 20-feet 10-for her lot and 10-foot for the lot behind her. She is wanting to encroach in the easement 3-feet for the privacy fence and there is a small swale there just barely a swale I mean it’s good drainage and the only thing I would ask if she held the fence 3-4 inches off the ground. Her neighbors have fences too and it would be lining up with their fences so it is nothing out of the unusual.

Commissioner Williams: But the pool itself will not be in the easement?

Ms. Helmer: No nor the concrete that would be around it, all of that would still be actually on the..or not in the easement.

Phil: We located her property pins and measured it out for her and everything. We measured and everything including the concrete and the pool would not be in the easement whatsoever.

Commissioner Williams: It’s going to be 3-4 inches off the ground?

Ms. Helmer: Yes, whatever you need.

Commissioner Mosbey: We like to keep them off in case of a flooding rain that way water would run under the fence.

Commissioner Williams: I move that we approve Ms. Helmer’s request.

Commissioner Noffsinger: Second

Motion was made and seconded to approve the encroachment of 3 feet in easement and installation of fence. Motion carried 3-0.

Ms. Helmer thanked the Board.

CLAIMS:

Commissioner Mosbey: The next item is claims and is for gas for the surveyor’s truck and we have a total of $439.24. Do I have a motion?

Commissioner Noffsinger: Move that we approve the claims.

Commissioner Williams: Second.

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

Commissioner Mosbey: Any citizen comments.

PETITION FOR LEGAL DRAIN-K & H LATERAL:

Phil: I have one thing, I think you have a petition in front of you a group of citizens are petitioning to…it’s actually an extension of K & H Lateral, this is in the Northeastern part of the County up by Folsomville. What we have to do is set a hearing date and it has to be at least 30 days after the notice is sent. So we’re saying probably the last meeting in September.

Commissioner Mosbey: Yes, we were looking at the calendar and we thought we would schedule that public hearing for September 27th if that is okay with the rest of the board. That will give them time to get the letter written up and mailed out.

Commissioner Noffsinger: I make the motion that we set this up for the hearing on September 27, 2010.

Commissioner Williams: Second.

Commissioner Mosbey: I have a motion and a second to set the public hearing for September 27, 2010 for K & H lateral in Skelton Township between Folsomville Road and Skelton Road all in favor say aye. Motion carried 3-0.

Commissioner Mosbey asked for Storm Water business Noelle stated that she had no business to discuss.

Commissioner Williams: I have a question on this K & H Lateral actually it looks like the petition was by a group of people, do all of these have property that are abutting the proposed legal drain?

Phil: Yes, we have all their signatures.

Commissioner Mosbey: And they are all in favor of it?

Phil: I haven’t heard of any remonstrators. I would like to say that it has been good working with Noelle and I wish her the best and the best of luck.

Commissioner Noffsinger: Going to miss you.

Commissioner Mosbey: I know you’ll miss us. Mr. Counsel do you have anything? I will entertain a motion.

Commissioner Williams: So moved.

Commissioner Noffsinger: Second

Meeting was adjourned.

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