VANDERBURGH COUNTY

DRAINAGE BOARD

AUGUST 8, 2006

The Vanderburgh County Drainage Board met in session this 8^th day of August, 2006 at 4:09 p.m. in room 301 of the Civic Center Complex with President Bill Nix presiding.

President Nix: I would like to call to order the Vanderburgh County Drainage Board, Tuesday, August 8, 2006 meeting at 4:09. Good afternoon, Mr. Jeffers.

Bill Jeffers: Good afternoon, Commissioner Nix and other Commissioners.

President Nix: I will entertain a motion to approve minutes of the previous meeting, if they’re available. Are they available, Ms. Grayson?

Madelyn Grayson: There’s actually two sets, the 25^th and the 1^st that need to be approved.

Commissioner Musgrave: I’ll make that motion.

Commissioner Shetler: I’ll second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Mr. Jeffers?

Bill Jeffers: Commissioner Nix, we have two drainage plans this evening. One is Carrington Meadows, Section Four. It’s a final plan. It’s been a very successful subdivision, both in development of homes and in respect to drainage. It’s in northern Vanderburgh County, north of Boonville-New Harmony Road on the west side of Petersburg Road, just south of Schlensker Creek. They’re expanding into an area with new homes, and they designate it section four. The drainage plan comports with the previous approved sections, one, two and three. It drains into that large, long lake along Schlensker Creek. It works very appropriately and very effectively. The County Surveyor has reviewed the plans, they comport with the drainage ordinance, and the County Surveyor recommends approval of the final drainage plan for Carrington Meadows, Section Four.

President Nix: Is there anyone here that would like to address this issue? You, sir? If not?

Commissioner Shetler: Move approval.

Commissioner Musgrave: Second.

President Nix: All in favor?

All Commissioners: Aye.

Bill Jeffers: We’ll forward you a Mylar for your signature with the road plans.

Bill Jeffers: The second drainage plan is Hawthorne Estates, Section One. Also, it has been called Section A. Either way, it’s the first section to be platted of Hawthorne Estates. This is a final drainage plan. The plan in front of you is as-built. The roads are built, the lake is built, everything is in place. So, that’s the way it is. It comports with the drainage ordinance. The only condition I have is that there was a temporary erosion, sediment and flood control measure, a temporary one installed at the southeast corner of the project, and it’s a complete state of failure. I’ve circled that on the plan in red. So, what I’ll do, when you approve this plan, is to simply not endorse or sign the final plat for recording until the developer, who has assured me he will, in fact, has reinstalled that. It was washed out by one of our torrential downfalls this spring, that he’s reinstalled it and it’s operating efficiently to protect downstream properties. So, with that, I have reviewed it and recommend approval of the final drainage plan for Hawthorne Estates, Section A, or Section One, whichever way it appears on the plat.

President Nix: Is there anyone in the audience that wishes to address this issue? If not?

Commissioner Musgrave: I make a motion to adopt the recommendation of the Surveyor.

Commissioner Shetler: I’ll second.

President Nix: All in favor?

All Commissioners: Aye.

Bill Jeffers: Next, we have a professional services contract from Clark Dietz to complete a set of plans for the reconstruction of Pond Flat Main from Highway 41 to the CSX Railroad tracks. This is a particularly troublesome and insufficient leg of Pond Flat Main. The rest of it’s pretty much been restored to its serviceable shape. We do have one restriction, at Princeton Road there’s a highway bridge, County Highway bridge that we would like to see rebuilt. What I’m referring to, basically, is a condition that you may hear more about in the near future, a flooding situation that exists at Baseline Road and Korff Road, in that neighborhood. There’s a new fire station there. The County Highway Department has attempted to address some of the flooding. But, in fact, what it amounts to is we have some highway infrastructure, some drainage infrastructure, and some regulated drain infrastructure that all is insufficient to carry the storm water load. This is a start, from the County Surveyor’s jurisdiction, to come up with a plan that the Department of Natural Resources will issue a permit on to reconstruct this half mile leg of Pond Flat Main. I ask you to enter into this contract, and recommend that you do so with Clark Dietz to develop the final set of plans to take to DNR.

President Nix: Has this been in front of our attorney, Mr. Jeffers?

Bill Jeffers: It’s my understanding that Mr. Ziemer was in contact with Clark Dietz representatives as recently as 9:00 this morning, and hashed out the particulars of the certificate of insurance.

Ted C. Ziemer, Jr.: Yeah, but that was with respect to right-of-way acquisition at Newburgh, I mean, Green River Road and Millersburg Road. Do you have the agreement there? I can probably look at it pretty quickly, but I don’t know that I have see this contract.

Bill Jeffers: Okay, why don’t I bring it back next week, if that’s the case. I mean, I was led to believe–

Ted C. Ziemer, Jr.: Is that going to tie you up substantially?

Bill Jeffers: No.

Ted C. Ziemer, Jr.: Okay, if you don’t mind.

Bill Jeffers: No, I don’t want you–

Ted C. Ziemer, Jr.: I am familiar with the insurance requirements, and we did meet on that–

Bill Jeffers: Right.

Ted C. Ziemer, Jr.: – and I think they will be the same in this document, but I would like to see the agreement before the Commissioners approve.

Bill Jeffers: Sure, I’m sorry. I thought you had, but, in that case, I’ll withdraw my request and just have a copy of it sitting on the desk over here forwarded to you, and we’ll bring it back next week.

Ted C. Ziemer, Jr.: Thanks.

Bill Jeffers: I’m sorry for the mix up.

Bill Jeffers: Last item is a drainage encroachment agreement that your Recording Secretary has. I’ve reviewed it, it’s with regard to Lot C2, part of Lot C4 in Cross Pointe, Section 5A, and a part of, a part of Section E2. It’s all in the agreement correctly formatted, I assume with a check to cover the cost of the recording. The County Surveyor recommends that you enter into this agreement so that this medical firm can pave a parking lot over the top of the drainage easement. You’ve recently acted on this when you relinquished a previous drainage easement, and accepted a new drainage easement. However, to pave a parking lot over the top of a drainage easement, we need to be indemnified.

Commissioner Shetler: So moved.

Commissioner Musgrave: Second.

President Nix: All in favor?

All Commissioners: Aye.

Bill Jeffers: That’s all the business I have to bring before you, except to say that I’ll be at your meeting 10:00 Thursday, is that correct, Mr. Nix?

President Nix: Yes, sir, that’s correct. Here in the Commission office with Mr. Sarvis from INDOT.

Bill Jeffers: There will be a County Council budget hearing here that I’m scheduled for, but I can run back and forth, I think.

President Nix: I appreciate that.

President Nix: Now is the time for public comment to this board. Does anyone wish to address the board? If not, I will entertain a motion to adjourn.

Commissioner Musgrave: So moved.

Commissioner Shetler: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: We are adjourned.

(The meeting was adjourned at 4:16 p.m.)

Those in Attendance:

Bill Nix                                      Cheryl Musgrave                      Tom Shetler, Jr.

Bill Jeffers                                 Ted C. Ziemer, Jr.          Madelyn Grayson

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Bill Nix, President

Cheryl A.W. Musgrave, Vice President

Tom Shetler, Jr., Member

(Recorded and transcribed by Madelyn Grayson.)