MINUTES
WARRICK COUNTY DRAINAGE BOARD
DEPARTMENT OF STORM WATER MANAGEMENT
September 10. 2008
The Warrick County Drainage Board and Storm Water Management met in regular session with President Phillip H. Baxter presiding; also present were Nova Conner, Vice-President; Don Williams, Secretary; Jim Niemeyer, Surveyor; Bobby Howard, Director of Storm Water and David Zengler, Attorney for boards.
Also present was Scott Holder, Deputy Surveyor.
Minutes were recorded and transcribed by Cheryl D. Embry.
Those in the audience were Ora Garrison, John Springer and Jordan Aigner.
Phil Baxter: The Warrick County Drainage Board and Storm Water Department will now come to order.
APPROVAL OF MINUTES:
Phil Baxter: The first on the agenda is the approval of minutes from August 27, 2008.
Don Williams: Move to approve.
Nova Conner: Second
Motion was made and seconded to approve the minutes. Motion carried 2-1. (Commissioner Baxter was absent last meeting)
DRAINAGE PLAN APPROVAL:
ESTATES AT VICTORIA:
Jim Niemeyer: The first item on the agenda is drainage plans for Estates at Victoria.
Jordan Aigner: Jordan Aigner with Aigner Construction and Engineering representing Victoria Manor and will be happy to answer any questions that you might have.
Nova Conner: Do we have plans for that?
Don Williams: Yeah, Bobby how about some input on these plans, I have not had a chance to look at them yet.
Bobby: Well as far as the drainage plans go I think there were three structures, is that correct? And all three structures were sized correctly the only thing a little bit unusual about this subdivision in this area is that the adjacent subdivision is attached to does have curb and gutter streets and this is designed for larger lots and has side ditches.
Don Williams: We did not get this until today and I haven’t…..side ditches….are they going into a common lake or….I’m sorry Mr. Aigner, I just have not had a chance to look at this.
Nova Conner: I haven’t either.
Don Williams: You haven’t either? I hope this isn’t an imposition but I would just like to table this for two weeks, since Nova hasn’t had a chance to look at it either, have you had a chance to look at it Commissioner Baxter?
Mr. Aigner: Is there any way I could explain it to you or Bobby and I could work together because…..
Don Williams: No, I usually…if you’re going to do something like those ditches I’d like to go out and look at it, to be honest with you.
Mr. Aigner: I don’t want to impose on you guys but we kind of have everything scheduled, we had kind of a ground breaking today and we’re hoping to get all of our approvals today. I had assumed that you had received everything, I mean we got it to the office in time so……
Nova Conner: I know I received one from Area Plan, but in terms of….are you talking about the……have you, Phil?
Don Williams: I didn’t get it until today I know that for sure. I mean you’re asking me to approve something that I haven’t had a chance to look at and I for one am not willing to do that.
Phil Baxter: I first saw it an hour ago and haven’t talked to anyone about it.
Nova Conner: The one I received from Area Plan was larger and had all the lots listed and that is the one that…..
Mr. Aigner: We submitted a letter and worked with Jim and his office that he would require no retention requirements and we received that letter and as far as drainage, yes there are roadside ditches, there’s only 3 pipes…culverts basically in the entire subdivision so we have a letter that’s you know basically allows us to not have any retention you know because there is an existing lake there, so I don’t know….everything we turned in was in on time so…….
Phil Baxter: Does this drawing show the pipes? Do you see them?
Don Williams: No, I don’t see them, that’s what I’m saying…..Mr. Aigner I really feel badly about holding you up but…..
Bobby: Did you turn in the same drainage plans to Jim’s office that you did to mine?
The Secretary stated the drainage plans were here at the meeting.
Don Williams: It doesn’t matter we haven’t seen them, I mean I’m sorry but I don’t think this Board has passed any kind of drainage plan unless we’ve had a chance to look at it, at least look at it ahead of time. I can apologize to you but that won’t do you any good. But we need until the next meeting to look at it, at least I do. So on that basis I would move that we table it for two weeks.
Mr. Aigner: Well, while I’m here do you have any questions about the idea of what we’re doing?
Don Williams: I’ll tell you what I’ll look at it and if I do I’ll call you.
Mr. Aigner: Will this affect anything for the other meetings today?
It was answered that it would for the Area Plan.
Bobby: They normally don’t approve street plans unless there is drainage plan approval.
Mr. Aigner: Man, that is not good.
Don Williams: That’s my motion. Two weeks, that will give me the time I need.
Nova Conner: Two weeks?
Mr. Aigner: So you won’t have another meeting for two weeks, is that what you’re saying?
Commissioner Williams: Yes, sir.
Nova Conner: Second
Motion was made and seconded to table plans for Estates at Victoria for two weeks. Motion carried 3-0.
Commissioner Williams made sure he had Mr. Aigner’s phone number and stated that he would drive out there Monday and look at it.
ST. LUCIA DRIVE-SANDALS SUBDIVISON: FENCE REQUEST:
Jim Niemeyer: The next item is a fence request from Ora Garrison.
Ora Garrison: I am seeking permits for a deck and a fence behind my property at 1834 St. Lucia Drive in Newburgh. It’s in the Sandals Subdivision.
Don Williams: How far does that infringe into the legal drain right-of-way easement.
Jim Niemeyer: There is a ditch behind her house which the edge of the ditch is about……..lets see was it 75…a minimum of 75-feet from the edge.
Scott: The pipe is about 45 ½ feet the center of a 24-inch
Don Williams: How big of a pipe is going under there, Jim?
Scott: 24-inch
Don Williams: That is plenty big?
Scott: Yes, I’ve explained to Mrs. Garrison that when you put a fence or anything in an easement it’s kind of at your own hazard and she had indicated what she was going to put up will have a section that she can easily remove should there be any reason for machinery to get in there and at that pipe in the future. There are no other utilities back there at this time. The 24-inch pipe is actually in what’s called the regulated drain easement on the plat although I don’t have a record of a hearing on that drain but it is platted. There are existing fences that are already there.
Don Williams: Does that drain go right underneath that building, it looks like it’s going under the fence and right in the building.
Scott: It’s kind of hard to tell, I mean you’re standing near the end of the pipe and you can’t see exactly where it runs but that is kind of a generalization.
Don Williams: So this fence is not going to hinder any drainage?
Scott: No, like I explained to her the fence would be in jeopardy should the homeowners or utilities have to replace it.
Bobby: As our Storm Water projects I can tell you there has been multiple projects where fences have been in the way and we’ve requested that the homeowner remove the fence prior to us coming onsite so there could be a time when that fence would be down for a week or so before we were scheduled to be there even.
Ora Garrison stated that she would be willing to make two sections that would be removable as she realizes the situations where access is needed.
Don Williams: Your recommendation, Jim?
Jim Niemeyer: I recommend we give her permission.
Don Williams: I would move that we approve Mrs. Garrison’s request.
Nova Conner: Second
Motion was made and seconded to approve request for the deck and fence. Motion passed 3-0.
KEVIN COURT-LINCOLN POINTE ESTATES:
John Springer: 6150 Kevin Court Newburgh. We are asking permission to encroach upon a drainage easement at the rear of the property.
Don Williams: Is this a legal drain?
Scott: It’s just a rear yard swale.
Don Williams: Were you planning on putting a fence on the ground>
Mr. Springer: two inches up and it’s a vinyl fence.
Don Williams: Two inches up that will give plenty of room for water to flow will it not?
Scott: Yes, right now that’s a mowed and maintained area, are you going to continued to mow that if you put up a fence? (It was answered yes he would) As long as it’s taken care of it’s just a surface swale and there is no obstructions I don’t see any problem with it.
Don Williams: I move to approve.
Phil Baxter: Do I have a second?
Nova Conner: Is two inches enough?
Jim Niemeyer: I would like to see it more but I haven’t seen the drainage swale but we have had experience with those that have been trouble and even 6 inches wasn’t enough.
Scott: Have you ever had any water back there to speak of?
Mr. Springer: Very little.
Bobby Howard: Has the drainage plan been looked at to see how much water shed area is flowing through that swale in that area?
Scott: We’ve got it right here.
Mr. Springer: We had some standing water at one point but it’s almost flat.
Scott: There is no pipe there it apparently just drains the rear of those yards.
Bobby: Right, do you have how big a watershed area, do you have that?
Scott: If there is a break down on here, these plans go back aways.
Bobby:Okay, Lincoln Pointe off of Lincoln Avenue, Ken Ubehlor. I don’t know how…..
Mr. Springer: There is a total of six homes. I’m not sure if everything drains to that holding area. We are the fifth home just before the cul-de-sac.
Phil Baxter: I don’t know of any problem down there do you, Bobby?
Bobby: I haven’t been contacted about any kind of drainage problems currently.
Don Williams: There are other easements in there but they’ve all signed off it looks like. All the utilities have signed off saying that it’s okay with them. Vectren, Time Warner, AT&T and Indiana American Water.
Scott: I can see where he has his off side areas on here but I don’t see any specific reference to that area, my impression on being out there was all that drains is those rear yards.
Bobby: A few houses of like six houses.
Scott: Yes, rear yards because there is no storm sewer there, it’s just a swale like you see in that photograph.
Commissioner Williams: It shouldn’t be a problem then.
Mr. Springer: And I’m not sure it drains all the way from the road back or if part of it drains toward the road or the street.
Scott: Well depending on how he’s finally graded it, it indicates here that these yards are draining to that swale. It’s the only area I see draining to the swale there is no street drain going through it or anything like that. It’s not to say that they haven’t regarded those lots down there on the end and probably part of the front of those is actually going to the street.
Nova Conner: How many additional feet is that giving you by putting it in the easement?
Mr. Springer: The drainage easement is a total of 15 feet and we pick up about 11 feet of the fifteen. There will still be four feet left.
Scott: I think what those photographs show is a stake near where the location of that fence is going in.
Mr. Springer: The fence behind us actually goes to within a foot of the easement of the property line.
Phil Baxter: Got a motion to approve.
Nova Conner: I don’t feel comfortable seconding that with it being two inches, I just don’t.
Phil Baxter: Would you mind raising it 3-4 inches? Would you go along with 4 inches?
Mr. Springer: I can do that, no problem.
Jim Niemeyer: I would.
Bobby: I would just say that you could leave it open ended that if it ever did cause a problem we would have the ability to tell him that the fence either needs to be removed or raised further in the future if it did cause a problem at the four inches.
Phil Baxter: Would you mind rescinding your motion?
Don Williams: I will amend my motion to say four (4) inches if that is agreeable.
Nova Conner: I second.
Motion was made and seconded to approve fence of four inches above the ground. Motion was passed 3-0.
INSPECTION REPORTS:
Jim Niemeyer: The next item on the agenda concerns various inspection reports that Scott made.
LITTLE PIGEON CREEK:
Scott: I think everyone has a copy and you’ve had them for awhile. I don’t remember the date that I was up there but I walked it south from Lincoln Trail Road and I noted some partial stream blockages, three full stream log jams that are in the narrows south of Lincoln Trail Road. There is about 600 hundred feet that I did not get to, I got cut off by a lateral on the east side of the ditch, the maintenance path is pretty much overgrown. We need to get somebody down there and kind of clean it out or get it mashed down to even get bidders to look at it. There is also a 40 inch oak tree that’s down, it’s a large tree with the branches extended into the channel, I would anticipate if it’s still there during spring rains that there will be another jam at that location.
Nova Conner: So what are you recommending?
Scott: I would recommend that we try and get a bid for somebody get in there and mow that right of way down and get a pipe into a road ditch. If I had a pipe in that road ditch I might go in there and try to knock it down with a four wheeler. We are going to have to get the log jams out of there, it’s going to be a major problem this spring. I need a pipe put in to get the four wheeler in there.