VANDERBURGH COUNTY

DRAINAGE BOARD

APRIL 20, 2010

The Vanderburgh County Drainage Board met in session this 20^th day of April, 2010 at 5:45 p.m. in room 301 of the Civic Center Complex with President Troy Tornatta presiding.

President Tornatta: Alright, Mr. Jeffers, we’ll start the Tuesday, April 20, 2010 Drainage Board at about, what, 5:45?

President Tornatta: I would like a motion to approve the minutes, please, from the previous meeting.

Commissioner Melcher: Motion to approve.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. All in favor say aye.

All Commissioners: Aye.

(Motion approved 3-0)

President Tornatta: Mr. Jeffers?

Bill Jeffers: Good evening, Commissioner Tornatta, Commissioner Melcher, Commissioner Lloyd Winnecke. My name is Bill Jeffers, I’m the Vanderburgh County Surveyor and technical advisor to the Drainage Board. For those of you viewing, the Drainage Board is comprised of the three Commissioners, and they, by statute, make decisions and administer the maintenance of 80 miles of regulated drains, approve drainage plans, carry out other business associated with drainage, both in the city and in the county. Some of the responsibilities of the Drainage Board that are carried out in the county in the city would be done by the Board of Works, but the majority of the statutory assignments to the Drainage Board are carried out, county-wide, city and county, by this Board. Tonight I have one item that you need to address, it’s the Hirsch family farm. We’ve seen it before, but it comes to us tonight in complete form. It’s out here on Oak Grove Road, you cross Interstate I-164, or Interstate 164, on Oak Grove headed towards Warrick County. There’s a very large Vectren electric sub-station just across I-164, and they’ve expanded that sub-station. You can see on your overhead projector that they’ve expanded that in the last couple of years, and now they’re ready to install some high power lines to transmit more electricity through their system. In order to do that, they were going to place the line of power poles quite a few feet east of Nurrenbern Ditch, because there’s a high pressure gas transmission line along the east bank of the ditch. That’s about, I think, 100 feet wide, and, of course, Texas Gas Transmission does not want the power poles sunk in the ground over that gas line, so that would have put the power poles well out into the field. It’s not so much that the Hirsch family farm would find that difficult to grow corn and soybeans around, it’s more of an issue that this is the Burkhardt Road TIF district that was established by the County Commissioners for the purpose of stimulating economic growth, extending infrastructure out through this area that is prime for commercial and industrial development. The transmission line is already there impacting the value of that property for development and its ability to be fully developed. The power poles would further impact the usable square footage. So, working together with Vectren, the Hirsch family farms and Don Fuchs, their attorney, came up with an idea to place the poles along the west bank of Nurrenbern Ditch, our regulated drain, even though it’s in the city we still maintain it and the Drainage Board still administers the maintenance of it, and they were to place those in such a way that they would be outside the city right-of-way for Enterprise Drive, but within our right-of-entry to maintain the ditch. Vectren came up with a plan to sufficiently locate those that we will be able to continue maintenance of the ditch with no problem. There is one pole that’s within a foot of the ditch, but that’s where it first comes out of this sub-station and the ditch is very close to the road, and that’s to be outside the city right-of-way, but still outside the ditch, it’s kind of crowded. So, they are sinking a pile, like a casing, well below the flow line of the ditch to support that pole, and it will not damage the ditch bank and we’ll be able to work around that. The rest of the poles are ten feet or greater from the ditch bank. We have a letter certifying the distance from a registered land surveyor. Danny Leek of Morley and Associates certifies the location of each pole. They’re all, except for that one, ten feet or greater from the ditch bank. The Hirsch family farm has agreed to establish a 30 foot wide grass filter strip along the east bank of the ditch. That would be from this area here all the way to Morgan Avenue, almost to Morgan, there’s a railroad track in between. But, that will increase the quality of the water that would then drain off the farm field and eventually drain off this as a development area, it will filter out pollutants, and it will add to our MS4 program, which it will enhance that and we’ll be able to claim that with Indiana Department of Environmental Management as a water quality improvement. They were very gracious to do that, the Hirsch family farm was very gracious to do that with us. It will give us a 30 foot wide grass pathway to conduct all of our maintenance on and make it easier for us to maintain the ditch. The agreements that are required for this are the plan itself, from Vectren, that comes from a licensed engineer at Vectren who prepared the plan for the location of the poles, and the County Surveyor recommends approval of the plan. That would be the first part of your motion, if you choose to make it. The second part of the motion would be the agreement to encroach our right-of-entry along the west bank by the poles, which will be located on Hirsch family farm property. So, they are asking for the encroachment agreement. It is signed by their principals. Your attorney will tell you whether it’s in order. If it’s in order, my recommendation would be to pass it and enter into it. Then, the third part of the agreement would be to accept their grass filter strip as a maintenance pathway, to accept the easement for that. They are actually granting a 30 foot easement, and I would recommend that you do that so that they can establish this grass filter strip according to the National Resource Conservation Services guidelines. Then they will be able to be paid compensation for not growing crops on that 30 feet, they will be compensated for this conservation practice by the Department of Agriculture. So, those are the three parts and I recommend–

President Tornatta: You got that as a motion?

Commissioner Winnecke: I wrote them down.

Bill Jeffers: So long as it’s all okay, the document, you know, the legal documents meet with your attorney’s approval then I recommend adopting that.

Ted C. Ziemer, Jr.: Let me just say that we’ve been working together with Vectren and Mr. Fuchs for the Hirsch’s and Bill to try to get this done for today’s meeting so that they can begin installing those poles as early as tomorrow. Vectren is very anxious. So, very late this afternoon, prior to this meeting, I did receive the final, revised documents with the attachments. The easement, Bill, has been modified to provide that if there is damage to the grass strip area by the County in working on that area. Any action of ours in connection with that would be limited to that provided for by the statute and the standards for the grass strips. So, that’s been changed to stay that. We have a certificate of insurance from Vectren in the required amount for any liability that might occur as a result of allowing this. So, we’re satisfied that if you approve this from a substantive point of view, you can sign the documents.

Bill Jeffers: Mr. Don Fuchs is here, as the attorney for the farm, if there are any further questions. But, he was very instrumental in bringing all of this together with Mr. Ziemer and Vectren and the family farm. I certainly appreciate it because it will be a vast improvement. It preserves, this is Mr. Fuchs right here, it preserves the value of the property as development property in the TIF zone, but it enhances our, the water quality in our ditch.

Ted C. Ziemer, Jr.: If he says anything we’re going to recommend that this not be approved.

President Tornatta: Okay, so–

Bill Jeffers: It sounds like I’ve said enough.

President Tornatta: Do we have a motion?

Commissioner Winnecke: Mr. Chairman, if I understand the recommendation, I will recommend approval, I recommend that we accept the Vectren plan, as presented, that we accept the accompanying encroachment plan, as well as accepting the easement of the grass filter strip.

Commissioner Melcher: Second.

President Tornatta: We have a motion and a second. All those in favor say aye.

All Commissioners: Aye.

President Tornatta: Opposed?

(Motion approved 3-0)

President Tornatta: Thank you very much.

Bill Jeffers: Thank you, and thank you for enduring my explanation. I have one claim, from Big Creek....oh.

Don Fuchs: If I could? Don Fuchs, I’m here on behalf of the various Hirsch family interests here that own this property. I just want to go on the record and thank, Bill Jeffers put a significant amount of time, came out on a couple of different times to the site. Bill was very influential in moving Vectren to work out an accommodation in this matter, and it was very much appreciated, and also want for the record want to thank Mr. Ziemer. He was very instrumental in getting this documentation put together in short fashion. As Bill has indicated, Vectren is on a very close time frame here and both of these gentlemen were extremely helpful in getting that accomplished. So, I’m very much appreciative, and the Hirsch’s wanted me to extend that to the County Commissioners.

President Tornatta: Thank you.

Madelyn Grayson: Mr. President, not to belabor the point, but I still need a recording check to record these documents.

Ted C. Ziemer, Jr.: Okay.

Don Fuchs: If you know what that is, I’ll have that delivered to you tomorrow.

Madelyn Grayson: I’ll give you a call in the morning.

Don Fuchs: That would be perfect. Ted, I have the documents if–

Ted C. Ziemer, Jr.: No, I got them by e-mail, and they’re ready. We’ve got them.

Don Fuchs: Thank you.

President Tornatta: Thank you. Thank you, Mr. Jeffers.

Bill Jeffers: Have you all voted? I missed that part.

President Tornatta: Yeah, we did.

Bill Jeffers: Alright, okay.

President Tornatta: We did, even though he spoke.

Bill Jeffers: That’s right. He waited until you voted and then he said that.

President Tornatta: Mr. Jeffers, we have three minutes to not go over to the next half hour.

Bill Jeffers: Okay, three minutes. Let’s approve a claim for Big Creek Drainage Association for Barr Creek. I recommend approval of that. It’s for 600 and some odd dollars–

Commissioner Winnecke: $639.23.

Bill Jeffers: –completes their work for the year.

Commissioner Melcher: Motion to approve.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. All of those in favor say aye.

All Commissioners: Aye.

President Tornatta: Alright.

(Motion approved 3-0)

Bill Jeffers: We have one complaint from a resident who saw truck number 32, Jerry David Enterprise, wash out some concrete at the end of Twickingham and a ditch. I would like authorization to issue a ticket.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: A motion and a second on issuing a ticket. All those in favor say aye.

All Commissioners: Aye.

(Motion approved 3-0)

Bill Jeffers: And, brothers and sisters, that is it.

President Tornatta: Comments from the crowd?

Mike Mahan: No.

Commissioner Winnecke: Mike, come on.

President Tornatta: Nothing?

Commissioner Winnecke: Two meetings in a row, Mike.

President Tornatta: Yeah, I was going to say, you’ve got–

Mike Mahan: You’re going to have get something more controversial.

President Tornatta: You’ve got like 72 seconds. That’s all you....okay. Motion to adjourn?

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

(The meeting was adjourned at 6:00 p.m.)

Those in Attendance:

Troy Tornatta                            Stephen Melcher                      Lloyd Winnecke

Bill Jeffers                                 Ted C. Ziemer, Jr.          Madelyn Grayson

Don Fuchs                                Mike Mahan                              Others Unidentified

Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Troy Tornatta, President

Stephen Melcher, Vice President

Lloyd Winnecke, Member

(Recorded and transcribed by Madelyn Grayson.)