VANDERBURGH COUNTY

DRAINAGE BOARD

APRIL 7, 2009

The Vanderburgh County Drainage Board met in session this 7^th day of April, 2009 at 5:32 p.m. in room 301 of the Civic Center Complex with President Lloyd Winnecke presiding.

President Winnecke: At this time I would call to order the Vanderburgh County Drainage Board meeting for April 7^th. Attendance roll call.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Here.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Here.

Madelyn Grayson: President Winnecke?

President Winnecke: Here.

President Winnecke: At this time I would consider a motion to approve the minutes from our previous meeting.

Commissioner Tornatta: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none. All in favor say aye.

All Commissioners: Aye.

President Winnecke: Opposed? The motion passes.

(Motion approved 3-0)

President Winnecke: Mr. Jeffers?

Bill Jeffers: Good afternoon, Drainage Board.

President Winnecke: Good afternoon.

Bill Jeffers: I would call your attention to the 17 by 11, eight and a half by 17 sheet I sent up. Whatever size it is.

Commissioner Tornatta: Eight and a half by 14.

Bill Jeffers: Fourteen, whatever it is. Okay, beginning on page one, with Aiken Ditch, and then flipping over to page two and ending with Wallenmeyer Ditch, everything on here, with one exception, everything on here represents the lowest responsive and responsible bidders submitted last week. The one exception is, I’ll draw your attention to, on page two, Sonntag Stevens, the next to the last ditch. It’s highlighted that we received no bid on the fall mowing of Sonntag Stevens. The only bid we did receive for the spring mowing, or any work in the regard of mowing that ditch, was from Mark Naas for the spring mowing, 80 cents per lineal foot. We asked Mark Naas why he didn’t submit a bid on the fall mowing at the same time, and it had something to do with the way the bid package was put together, the sheet to enter the fall mow bid was on the backside of another sheet and he missed it. So, Linda said to him, even though it involves more work, you’re actually mowing more ditch, and you’re mowing larger ditches, you know, the ditch gets wider as it gets farther down towards U.S. 41. Even though the weeds will be larger and drier and have more pollen and whatever, it’s a harder job in other words, we will not accept any price other than what you bid per foot for the spring mow. Are you willing to do it for 80 cents a foot? His response was yes. So, we have entered on that line that’s highlighted, 80 cents per foot for the fall mow, which is, it’s a necessary mowing. We have to do it. Your choice is to accept the bid from the only bidder who submitted a bid for mowing Sonntag Stevens, with the explanation I’ve given, and I recommend that you do that. Or, we would have to rebid it, which would take more work, and you would have to pay for a new advertisement and this, that and the other.

President Winnecke: Mr. Ziemer, are you–

Bill Jeffers: But, we did send them out, I think it was explained in an e-mail to you, we sent out–

Commissioner Tornatta: Yeah.

Bill Jeffers: –25 or 30 bid packages.

President Winnecke: Any reason why we could not accept the bid?

Ted C. Ziemer, Jr.: I don’t think so, because there was no other bid received to do that. So, if we rebid it, we would be asking the same people again just to give them an opportunity to again say they’re not going to do it. So, I believe it’s satisfactory to accept that bid.

President Winnecke: Thank you.

Commissioner Tornatta: And that is in this package right here?

Bill Jeffers: Yes, sir. It’s all on the same sheet, either page one or page two.

President Winnecke: Page two.

Bill Jeffers: I’m satisfied that all of these bids were in accordance with the–

Commissioner Tornatta: Okay.

Bill Jeffers: –specifications that we sent out. The County Surveyor’s recommendation is to approve them as they appear on these pages.

Commissioner Tornatta: I would like to make a motion with the County Surveyor’s recommendation for all of these bids for ditch clean up? Or ditch mowing?

Bill Jeffers: Just annual ditch maintenance of various sorts.

Commissioner Tornatta: Annual ditch maintenance.

Commissioner Melcher: I’ll second the motion.

President Winnecke: A motion and a second. Questions or discussion? Mr. Ziemer?

Ted C. Ziemer, Jr.: These do include sterilizing of ditch bottoms, is that correct?

Bill Jeffers: Sir, we always sterilize our ditch bottoms. Thank you, sir.

Commissioner Tornatta: Wow! That came from nowhere.

President Winnecke: Wow! There must be some institutional humor there.

Commissioner Tornatta: I know.

Madelyn Grayson: Also, in the past the Commissioners, or the Drainage Board has given me permission to stamp these once they come in, because there’s like fifty some odd contracts.

Commissioner Tornatta: And, I will include that in my motion.

Commissioner Melcher: I’ll include that in my second.

President Winnecke: We have a motion and a second. Questions or discussion? All in favor say aye.

All Commissioners: Aye.

President Winnecke: Opposed? The motion passes.

(Motion approved 3-0)

President Winnecke: Thank you, Bill.

Bill Jeffers: If anybody happened to miss last year’s meeting about the sterilizing of the ditch bottoms, we use certain herbicides that can only be sprayed at a certain time when the water is at a, you know, completely out of the ditch, etcetera, to take care of cattails and other things that clog up our, the bottom of the ditch.

Bill Jeffers: Okay, the second item I have brought to the table, with your Recording Secretary, supplemental number one to Structurepoint’s Hirsch Ditch contract. As you know, Structurepoint has been working for a year and a half on Hirsch Ditch, and they have a set of plans that’s complete, and now I’m asking that they take those plans and run them through the regulatory mill, get us some environmental permits from the various agencies. They have submitted a supplemental indicating the price for which they’ll do it. However, I neglected to bring that to your attorney’s attention before this meeting. So, at this time I’m simply submitting it for your perusal and for your secretary to hold and ask that you sign that on April–

President Winnecke: 21^st.

Bill Jeffers: –21st. Please.

Commissioner Tornatta: Motion to approve.

President Winnecke: Or to take under advisement.

Commissioner Melcher: Take it under advisement.

Commissioner Tornatta: Oh, I’m sorry. For signing?

Bill Jeffers: Yes, sir.

Commissioner Tornatta: Motion to take under advisement.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Mr. Ziemer?

Ted C. Ziemer, Jr.: You are going to give me that at this meeting, is that correct? To review?

Bill Jeffers: It’s on your desk up here.

Ted C. Ziemer, Jr.: Okay, well, I need a copy of it anyway. Thank you.

Bill Jeffers: Yes, sir.

President Winnecke: Any other questions or discussion? Hearing none. All in favor say aye.

All Commissioners: Aye.

President Winnecke: Opposed?

(Motion approved 3-0)

President Winnecke: Thank you.

Bill Jeffers: Okay, we have a ditch called Aiken Ditch. It’s a regulated drain on the eastside. It runs along Pollack Avenue and then it runs underneath, it runs through K-1 pump station, the levee pump station and then out into, behind the levee, it runs out into Eagle Slough. We’ve had problems over the last few years with silt accumulating on the levee pump station outlet, and the Levee Authority has also, has asked us to address that. It requires that we go down in there with excavators and remove that sediment, which is very complicated, because we have to go onto an Interstate highway, take the guardrail down, run down the back slope of the Interstate highway. Then there’s a wetland down there, and we have to deal with wetland regulations. They’ve designated a certain area out there a wetland, DNR and the Corps of Engineers. It’s really become a pain in the rear end. We need to study and evaluate that and propose some resolution to that. Also, along Pollack Avenue, the ditch just drops straight off from the pavement. The Highway Department had to put up a guardrail years ago. It’s extremely hard for us to maintain. It’s hard for them to maintain their road surface. I’m asking that the, I’m asking for engineering services to also look at that and propose some sort of reconstruction or piping of that ditch. I’m also looking to establish some water quality grab stations, water sample grab stations and install some habitat improvements. We have a problem in a large area of this ditch that the Levee Authority wants us to maintain it one way, and by custom we maintain it a little differently. So, they’re out there mowing it constantly every week or ten days, and they’re leaving big ruts in the side bank when the soil conditions are saturated. I would like to resolve that, and I would like to plant some habitat type grasses that don’t need that kind of attention constantly. All these things are beyond my ability to do myself, and with regard to technical expertise in these matters, especially involving wetlands and habitat. I’ve had a very good relationship with a couple of engineering companies in this regard, and I asked for them to submit proposals. I’ve put those proposals on your desk. Even though there’s a fairly broad discrepancy in the prices that were submitted, I think that’s due to one particular engineering company fully understanding what it is I’m trying to accomplish, which also includes some pretty extensive environmental evaluation and upgrading so that our MS4 Operator, John Stoll, will have a site in the county that he can, I’ll guess say, present to IDEM as a, oh, I can’t find a word for it right now, but kind of a perfect example of the way things should be handled in our MS4 ditches out there. An example that he can hold up as a model for our county and for other counties to follow. They understood that completely, and I’m talking about Structurepoint. They also understood my concern about Pollack Avenue and the problems we’re having along Pollack Avenue. So, one of the reasons that their submittal was substantially higher than the other is because they set aside a fee based on surveying and developing plans to reconstruct that area, I believe 3,500 feet, which was not included in the other submittal. There are some other differences as you’ll see as you look through there and look at my review notes. But, I would truly like to enter into an arrangement for engineering services with American Structurepoint on this project, not necessarily for the total amount that they submitted, because they submitted it in parts, and gave me the option to pick out which parts I wanted to put together as a package. I’ve discussed this briefly with Mr. Ziemer, and I will tell you right up front, I have not done that much seeking of engineering services. So, I don’t know all the particulars. I’ve just told you the way I’m looking at it.

Commissioner Tornatta: Would, um--

Bill Jeffers: And, before you make a decision, I will tell you, let’s see, I had the figures here, but we have approximately $8,500, or $85,000 in that account available. If we took every option and put it together in a package with Structurepoint, it would be $69,900. I don’t anticipate we’ll use all those services, but they are available to us if we should.

Commissioner Tornatta: Alright, would we have to put out an RFP on this? Or is it under an amount?

Ted C. Ziemer, Jr.: You don’t have to receive proposals at all, because this is for a service.

Commissioner Tornatta: Right, okay.

Ted C. Ziemer, Jr.: And, you can satisfy yourself as to who you want to provide the service at the fee that you believe is competitive. In addition, even if you were bidding it and were required under the law to receive proposals, you’re allowed to accept the lowest responsible and responsive bid. And, I don’t know what’s more responsible and responsive, but Mr. Jeffers is indicating that, in his opinion, the bid of American Structurepoint is more responsible and responsive. So, there’s always a danger when you do receive proposals, even if you’re not required to receive them, and you get one that’s less than another, and if you take the higher proposal, someone may say, well, why did you seek proposals, you know, if you’ve taken the higher one. But, it’s a service, you’re not required to seek proposals at all. The County Surveyor did elect to receive proposals. One is two and a half times more than the other, and he believes that it’s worth the additional funds for the services that will be provided. It’s up to you.

President Winnecke: Questions of the Board of Mr. Jeffers? If not, I would entertain a motion to accept the County Surveyor’s recommendation.

Commissioner Melcher: I’ll make the motion to accept the County Surveyor’s recommendation on American Structurepoint.

Commissioner Tornatta: And, I’ll second it.

President Winnecke: A motion and a second. Questions or discussion? All in favor say aye.

All Commissioners: Aye.

President Winnecke: Opposed?

(Motion approved 3-0)

President Winnecke: Okay, thank you, Bill.

Bill Jeffers: I have two brief reports. One is regarding a problem in Wynnfield Subdivision. The lake out there, apparently the outlet to the lake has been plugged or obstructed by construction debris, or possibly debris from the ice storm, tree limbs what have you. One of the residents called me and said the water was getting up closer and closer to the homes alongside the lake. Mike Wathen went out there for me, because he was in the neighborhood and I couldn’t make it out there yesterday. Thank goodness, because the weather was so foul it takes a trapper to go out there and work in that kind of weather. He noticed that, he confirmed the concern of the resident, homeowner, that water was getting close to the electrical transformers, telephone pedestals, etcetera, along the, in the easement along the lake. It was also, he noted that it was also backing up through the subdivision all the way to Green River Road. The pipe under the road was half full. I called the developer’s attorney with whom we have had some meetings about finishing this subdivision out and releasing the letter of credit. The attorney contacted the developer, and the developer assured him that someone would be out there today or tomorrow to unplug the pipe. I have relayed that information to the homeowner. All this happened after I had made up the agenda and sent you my report earlier today. This possible resolution of the problem I was made aware of after I had already sent it out. So, that’s my report. If it doesn’t happen, I informed the homeowner that he could either ask the Board to pursue a violation of drainage code, or submit a petition to ask you to remove the obstruction. So, I’ll leave it at that, and we’ll keep our fingers crossed that it will be taken care of this, in the next couple of days.

Bill Jeffers: I have another report, a complaint came to our office a couple of weeks ago, and apparently the complainant was not satisfied with my responses. So, he called one of the County Commissioners, Lloyd Winnecke, and Mr. Winnecke, Commissioner Winnecke forwarded that complaint to me. Once again, I went out there today to 6828 Mesker Park Drive, talked to Mr. Thatcher. He pointed out his concerns, which amounts to some fill apparently put in the waterway that passes through his land, he feels Mr., he feels the owner of 6700 Mesker Park Drive has filled the ditch. I drove down there as close as I could to 6700 Mesker Park Drive without trespassing, because I don’t have that homeowner’s permission to enter on his land, and because I feel that if to go onto private property in this matter I need something that constitutes a warrant to make an investigation. Simply because that’s what the statute says. Someone has to file the petition. This man’s not willing to file the petition yet, and I don’t blame him, because the other issue would be, if you order, you can only order the obstruction removed if it were to cause better drainage of Mr. Thatcher’s property. So, if he goes through the entire process and it doesn’t really, the removal of this material doesn’t really cause that improvement, he’s wasted his time, his money and your time. That’s what I explained to him the first time. I don’t think he fully understood that. Now, I will say from seeing what I saw, both on the aerial photographs and from driving back in another person’s driveway and looking as far as I could look without trespassing, there has been some modification of that ditch channel on 6700 Mesker Park Drive. Kind of flattened, some dirt has been imported, the channel’s been flattened out, some grass has been planted there, and there was some rip rap added to apparently address some erosion. Immediately downstream of 6700 is a lake. The dam of that lake is 442 to 443 above sea level. Mr. Thatcher’s lowest point in his land is 448 feet above sea level, or at least five feet higher than that dam. So, the water would have to back up five feet deep across the entire stretch of the dam before it backed up on to Mr. Thatcher’s low point. Also, the land across 6700 is approximately 444 or 445 above sea level, which is, still the same thing applies. So, I guess, what I’m saying is, water would have to get mighty deep before it ever backed up on Mr. Thatcher. So, if this filling of the ditch actually represents an obstruction, it probably is more applicable to properties between the obstruction and Mr. Thatcher, who’s farther uphill. I also tried to explain that to him, but maybe it’s the other neighbors who should be concerned and filing the petition. I’ll leave it at this, I will continue to communicate with Mr. Thatcher, and if I can obtain the permission of other people to go on to their property, I’ll communicate with them, and maybe this could be worked out. Because it appears to be more of a neighborhood disagreement than a true obstruction. Somebody’s made some improvements to their backyard that may or may not affect one or two properties, but I don’t think it will affect Mr. Thatcher’s. I really don’t.

President Winnecke: I appreciate you going out there today. I know it was kind of last minute.

Bill Jeffers: Okay, no, that’s fine.

President Winnecke: (Inaudible) this afternoon. I appreciate it.

Bill Jeffers: I mean, he’s a fine gentleman, I met him in his driveway. He was, his property is spotless. I can see where he’s concerned.

President Winnecke: Okay. I appreciate it.

Bill Jeffers: Yes, sir.

President Winnecke: Any questions of Mr. Jeffers?

President Winnecke: Any other business to come before the Drainage Board?

Bill Jeffers: We’ve got seven minutes.

President Winnecke: Any public comment to come before the Drainage Board? If not, hearing none, I would entertain a motion to adjourn.

Commissioner Tornatta: So moved.

Commissioner Melcher: Second.

President Winnecke: We are adjourned.

(The meeting was adjourned at 5:57 p.m.)

Those in Attendance:

Lloyd Winnecke                        Troy Tornatta                            Stephen Melcher

Bill Jeffers                                 Ted C. Ziemer, Jr.          Madelyn Grayson

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Lloyd Winnecke, President

Troy Tornatta, Vice President

Stephen Melcher, Member

(Recorded and transcribed by Madelyn Grayson.)