Warrick County, Indiana



MINUTESWARRICK COUNTY DRAINAGE BOARD&DEPARTMENT OF STORM WATERFEBRUARY 25, 2019Regular SessionOld Historic Courthouse107 W. Locust St. Suite 303Boonville, In 47601812-897-6170The Warrick County Drainage Board and Department of Storm Water met in regular session with Bob Johnson, President; Terry Phillippe, Secretary; Phillip H. Baxter, Surveyor; Steve Sherwood, Director of Storm Water; Morrie Doll, Attorney; and Jennifer Curry, Recording Secretary.Present in the audience was Joe Grassman and Jim Morley Jr. PLEDGE OF ALLEGIANCE:President Johnson opened the meeting of February 25,2019 with the Pledge of Allegiance.APPROVAL OF MINUTES:President Bob Johnson: First, we have the approval of the February 11, 2019 missioner Terry Phillippe: I have reviewed the minutes and ill make a motion to approve them.President Bob Johnson: I will second. All in favor? 2-0 (Commissioner Dan Saylor absent).EVANSVILLE TEACHERS FEDERAL CREDIT UNION- JIM MORLEY JR.President Bob Johnson: We’ve got Evansville Teachers Credit Union, Jim Morley Jr. Please state your name.Jim Morley Jr.: Jim Morley Jr. Project Engineer. Evansville Teachers Federal Credit Union is going to be building a new bank branch, on the map I have it folded back for you, you can see there’s Highway 66 across the bottom and then 261 running up at an angle, and you see a yellow bar there kind of in the middle and that is an existing drainage easement. This picture is just to show where we are talking about in Warrick County, if you then flip back one page behind that you will see the site plan for the Evansville Teachers Federal Credit Union and on that you see a white/gray rod going up, a zig zap look to it like a lightning rod there is, right next to that you’ll see kind of a hatched area running almost right next to it, actually underneath part of it, it overlaps slightly. And so, the hatched area is a current easement that was created for the plat of that subdivision I think in 2013 and a couple things occur. The drain pipe that’s in that easement isn’t centered in that easement its kind of to the side, and the other thing to note when they go to put the bank on that lot you can see to fit the drive thru on it gets into that drainage easement. At Evansville Teachers Federal Credit Union’s cost, we are proposing to relocate a portion of that drain line around the building and then dedicate a new easement to cover not only the relocated portion but then to properly cover the existing pipe the rest of the way that is located on the edge of the existing easement. What we are seeking today is to have the existing easement released because it’s a drainage easement only so it can be done as a release and then we will grant a new easement to properly sit on the existing pipe and cover the piece we relocate. This request comes to the extent that we don’t want to release it today because there’s no construction there today, we are just seeking approval for the release and then once the construction is done the old one will be released and the new easement will be granted. Morrie Doll: So, a conditional release subject to verification of the completion of the installation of the connection and providing of the surveying coordinates for the new right away?Jim Morley Jr.: Yes, and so what we’ve done on this packet here the first page is a cover letter of what I just said, but Morrie if you would like to change the language however you review, there’s a release of easement language on the second page, the page after that is the signature page and then there’s a page for the granting of the new easement after the release and the legal description, exhibit, and so forth. We would basically seek the drainage board’s approval to release it and allow us to start construction but know that we are going to release and dedication of the easement would come during the time of construction of the new pipe and the building. Morrie Doll: When would you propose that the drainage board sign and date the release document? May I ask a couple questions?Jim Morley Jr: Sure.Morrie Doll: Evansville Teachers currently owns this real estate, they’ve taken title to it?Jim Morley Jr.: Yes.Morrie Doll: Good, Jim Morley contacted me about this sub facts if you’re wondering, we cleared this with Area Plan Commission because this would’ve shown on a plat for this particular site, and there is two ways to get rid of an easement. One is by vacating it which is a formal process where if you noticed neighbors and all types of things happen but because Teachers is on both sides of this easement that didn’t seemed to us to be essential so the APC agreed that just releasing it would be sufficient for the APC point of view for the plat subject to whether the drainage board is also is willing to accept it. My recommendation is that you do for the same reason that it was acceptable to the APC that it only applies to the property that is currently owned by Teachers Credit Union. It would seem to me, Jim, at some point, I’m sorry did you say we had the coordinates for the new easement?Jim Morley Jr: The legal description and everything is in that packet.Morrie Doll: Okay, is Teachers willing to pay the recordation fees etcetera for this?Jim Morley Jr: Sure.Morrie Doll: Ok, so it would seem to me if we could just get a verbal authorization to agree to this are you wiling to then make the change to the pipe and then submit to us a completion letter or notice saying its been done?Jim Morley Jr: Yes, in my mind I can have Teachers sign the easement in front of you.Morrie Doll: We can sign it and give it to you with the understanding that you wont record it until such time the pipe is correctly installed. Jim Morley Jr: Yes.Steve Sherwood: In conjunction with this if I may, Phil has a set of calculations and plans in effect creating an amendment to the approved drainage plans for the development. If you will, this was basically a drainage for Englebrecht Development was originally done about 12-13 years ago and this is part of the overall concept of the original drainage from the original development, so we are just amending that line so to speak. Just so the board knows, the importance of this line is this retention basin in here that you see does come out through that line to the state right away of 261 and that’s how that basin drains. Jim Morley Jr: Morrie, I guess if its possible it would be nice if both sides signed their documentation and somebody can just hold it until the pipe is done, and then once the pipe is done then we go record it.Morrie Doll: I don’t have any legal objections to do it that way if the board is comfortable with that. The amendment to the exiting drainage plan, technically has to be amended too, my suggestion is that we can modify it verbally subject to complying with these documents, I guess what I’m suggesting would be two motions. A motion to comply with what is being requested by Evansville Teachers with the authorization to everybody to sign this, although I didn’t bring my notary stamp. Jim Morley Jr: Morrie if you want you can review it and then sign it, it doesn’t have to be signed today.Morrie Doll: And also a motion seconded and approved amending the original drainage plans for this subdivision which is Englebrecht Place Section II Phase 3 lot 5. That way we tie it all together, dot our I’s cross our T’s so five years from now if somebody and asks why then we were missioner Terry Phillippe: Do you have a preference on which to motion first?Morrie Doll: Probably approving this transaction first so we have that approved and then a motion to amend Englebrecht Place Section II Phase 3 Lot 5’s previously approved drainage plans to comply with this modification would be my suggestion Commissioner. Commissioner Terry Phillippe: I make a motion to comply with the Evansville Teachers Federal Credit Union request to release.President Bob Johnson: Ill second. All in favor 2-0 (Commissioner Dan Saylor absent)Commissioner Terry Phillippe: I would also motion to amend the existing drainage plan for Englebrecht Place Section II Phase 3 Lot 5…Morrie Doll: Commissioner to comply with the modifications approved today for Evansville Teachers?Commissioner Terry Phillippe: Yes.Morrie Doll: Thank you.President Bob Johnson: I’ll second. All in favor 2-0 (Commissioner Dan Saylor absent)Jim Morley Jr.: Thank you very much. Morrie Doll: Commissioner if you want to sign that third page of that document packet and date it, I’ll take it in and notarize it and I can give it back to Phil’s office to hold pending and Jim notify us that the pipe has been changed.Jim Morley Jr: Phil, once I get mine signed I’ll give you a copy of Evansville Teachers signed version so you’ll have a signed version on both and what we’ll do is once that pipe actually goes into the ground I’ll confirm, and if for some reason it got moved over a foot or something we will revise that legal description so it is exactly where its supposed to be.Steve Sherwood: One other side issue while Jim is here he notified us that there is issue with that retention basin that he pointed out someone is illegally modified the outlet and they are holding about 3 feet more in elevation of water than what it is supposed to be is that correct? He’s pointed that out to us we’re in the process of notifying whoever is in charge of the basin that we have a problem.Morrie Doll: Which basin? There are two on the map.Steve Sherwood: This one that drains through this one here.Morrie Doll: The long one?Steve Sherwood: Yes, the one that drains through the effective line of what has been discussed. We photographed it, and confirmed.Jim Morley Jr: To the best we could find on the records, that basin was supposed to have a flared in section discharge where the water basically just came right in the pipe and when we went out to the site it appears there’s been a 3 foot tall area drain added to it.Steve Sherwood: Drop boxJim Morley Jr: Which means the water has to fill up and go over the top before going out the pipe and so, what’s occurred now is when it raised the pool the lake it raised the water so now the water backs up the pipes and actually backs up underneath Peachwood into the street inlets and so now if there’s a big storm it could actually cause water to back out of the street instead of filling in the lake. Steve Sherwood: Two incoming pipes are completely submerged and a third is 80% submerged.President Bob Johnson: Are you going to address that Mr. Sherwood?Steve Sherwood: As soon as I can get to it, I will find out who to send the letters to its my belief that all these landowners to the NW side of the basin control it. They have been in here before on another matter a year or two ago.Jim Morley Jr: If you want I can tell you all a brief back history of that pond, before that subdivision was developed that pond was down on 261 it was on the lowest point of the site. Morrie Doll: Where your client is building the bank?Jim Morley Jr: Right at the intersection of 261 and Vann Road, when the development came in the developer wanted that ground on 261 because they were valuable pieces of property so he wanted the basin moved back off of the highway and so to make that happen and to get that water to drain in to it, the pool elevation of that water had to be lower than maybe what some people wanted it to be, but that is what had to occur to get the water into it before that site. Its my understanding some of the people around that basin felt like it was too low for their viewing pleasure, I’m assuming that’s why its been raised but if somebody ever said “why is that basin so low in the ground” its because it used to be farther down hill ,and to reclaim the property on the highways it was moved up the hill but the pool elevation couldn’t change. So, if anyone ever comes in and asks why is it so low, that’s why.Steve Sherwood: Jim has a unique history is because his firm designed this Englebrecht development 12-13 years ago, the original basic concept.Jim Morley Jr: We designed the original its just been modified a few times since then, not by us.President Bob Johnson: Anything else Mr. Morley?Jim Morley Jr: No that is it, thank you very much I appreciate it.President Bob Johnson: Thank you.CLAIMS:President Bob Johnson: Jennifer do we have any claims?Jennifer Curry: No.OTHER BUSINESS:President Bob Johnson: Any other business?Phil Baxter: No.Morrie Doll: Drainage business?President Bob Johnson: Alright Steve, its all on you.STORMWATER DEPARTMENTSteve Sherwood: Thank you Mr. President, I don’t have any official business for Stormwater today, I will ask Joe if he has anything.Joe Grassman: I have nothing.Steve Sherwood: With that, Morrie?Morrie Doll: No sir.Steve Sherwood: I have nothing else unless you have any questions?President Bob Johnson: Anything?Phil Baxter: Nope.MOTION TO ADJOURN:President Bob Johnson: I’ll take another missioner Terry Phillippe: I make the motion to adjourn.President Bob Johnson: All in favor. 3-0 (Commissioner Dan Saylor absent) ................
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