VANDERBURGH COUNTY

DRAINAGE BOARD

AUGUST 19, 2008

The Vanderburgh County Drainage Board met in session this 19^th day of August, 2008 at 6:20 p.m. in room 301 of the Civic Center Complex with President Troy Tornatta presiding.

President Tornatta: Mr. Jeffers?

Bill Jeffers: Yes, President Tornatta.

President Tornatta: We’re ready to start the Vanderburgh County Drainage Board meeting, Tuesday, August 19, 2008–

Commissioner Nix: Are you going to let them clear out?

President Tornatta: –it’s twenty after 6:00.

Bill Jeffers: Would you like to approve the minutes of the previous meeting?

Commissioner Nix: So moved.

Commissioner Korb: Second.

President Tornatta: So ordered.

Bill Jeffers: The first item on the agenda is an encroachment agreement submitted by Discount Tire Company at Burkhardt Crossing Subdivision, out by Lowe’s on the east side. They’re asking, as shown on the document that Madelyn has for your signature, that they will be encroaching the drainage right-of-entry of Crawford Brandeis Ditch with parking facilities, a small monument sign, and some landscape plantings. This is lot 27 of Burkhardt Crossing, just south of the car wash, and just north of Culver restaurant. Let me see if I can find it. Ted Ziemer sent his indication that the attached drainage easement encroachment agreement follows our standard form for the same, provided that Discount Tire provides with a certificate of insurance, within satisfactory limits, and naming the county as an additional insured, and is satisfactory for execution from a legal perspective. The County Surveyor recommends entering into this agreement.

Commissioner Nix: So moved.

Commissioner Korb: Second.

President Tornatta: I abstain. So ordered.

Bill Jeffers: The next item is an engineering agreement with American Structure Point of Indianapolis on the East Side Urban drain located at Stockfleth Ditch. This agreement would produce construction plans, and we would enter into a construction management agreement with them to accomplish embankment repairs and the re-design and construction of a new control weir to facilitate the lowered flood plain of the east side TIF district. The way that this agreement is structured gives us options to exercise various, you know, levels of involvement, and if we exercise everything within the agreement, which I do recommend we do over a period of time, it will be, I believe it’s on there, $78,000, excuse me, $74,700, not to exceed that amount. The time line is in appendix C. The signature page is page number seven. This will also involve what I recommend to be a study of some railroad structures that I believe to be obstructions. Norfolk Southern has three railroad structures that I want analyzed in this agreement. If they are obstructions to the floodway, they will be recommended to be removed as well. I find the, all parts of this proposed agreement to be exactly what we want, and I have submitted it to Mr. Ziemer for his review and comments. His comment, by e-mail yesterday was–

Commissioner Korb: I’m going to Russia?

Bill Jeffers: He has received the attached local funded engineering agreement to be entered into between the county and American Structure Point, Incorporated for civil engineering services, etcetera. The agreement follows our standard form for consulting agreements and satisfactorily sets forth the necessary insurance requirements, description of the project, and project charges, which shall not exceed $74,700, and is in all respects satisfactory for execution from a legal perspective, and may be placed on the agenda for the 8/19 meeting.

President Tornatta: Does he get paid by the word?

Commissioner Nix: I think so.

Bill Jeffers: Apparently.

President Tornatta: Can we have a motion?

Bill Jeffers: I’m practicing for his job.

President Tornatta: Motion?

Commissioner Nix: So moved.

Bill Jeffers: Thank you.

Commissioner Korb: Second.

Bill Jeffers: A motion and a second.

Commissioner Korb: Where are we going with this?

President Tornatta: So ordered.

Bill Jeffers: Okay, to its conclusion.

President Tornatta: Mr. Jeffers, hearing date on Evelyn F. Utley petition.

Bill Jeffers: Right. We have three available dates within the 90 day period of receiving the petition. The next available date is September 2^nd, the following date, September 16^th, and the last date that we can hear it would be October 7^th.

President Tornatta: I’m just going to get wild and crazy and ask that maybe we entertain 9/16. 10/7 is the Fall Festival.

Bill Jeffers: Good idea.

Commissioner Korb: What did you just say?

Commissioner Nix: 9/16.

Commissioner Korb: Oh, okay.

Bill Jeffers: 10/7 coincides with the Fall Festival.

Commissioner Korb: Right.

President Tornatta: So, if we could get a motion on that?

Commissioner Nix: So moved.

Commissioner Korb: Second.

President Tornatta: So ordered.

Bill Jeffers: I have claims from ditch contractors. They’ve all been reviewed by the County Surveyor. They are accompanied by inspection reports. I recommend you pay your ditch contractors, in accordance with those blue claims.

President Tornatta: Motion?

Commissioner Korb: So moved.

Commissioner Nix: Second.

President Tornatta: So ordered.

Bill Jeffers: I’ve entered into a discussion with the City Department of Transportation, we have a ditch along the east side of Fuquay Road, out by the Dunn development area. It’s called Nurrenbern Ditch. It has an accumulation of sediment in it over a period of time due to development within the city. It still is our ditch to maintain. The city had several streets and pieces of public and private property that were adversely affected by poor drainage, and they went out with an agreement from me and started removing some sediment. I wanted to notify you of that. I’ll be coming back to you with possibly some hours, time spent by a city crew and asking for a reimbursing of the city. The same that we would reimburse a contractor. No action is necessary at this time. I just wanted to notify you that they are working on that.

Bill Jeffers: And to notify you that either tomorrow or Thursday, our contractor will be out at the Conway-Dennis-Wazny petition site, to work on Mr. Tim Harris’ property, to remove that obstruction of overgrowth.

President Tornatta: Okay.

Bill Jeffers: And, that’s all the business I have to bring before you tonight.

Commissioner Nix: That obstruction, how will that be handled financially then, with our contractor?

Bill Jeffers: That’s the one where the petitioners and the respondent agreed they would split it four ways, if it wasn’t over, what was it, eight or ten?

Brenda Jeffers: (Inaudible. Comments made away from the mic.)

Bill Jeffers: Around $415 each.

Commissioner Nix: So, we get reimbursed then for it?

Bill Jeffers: Yes, sir. We pay them out of the General Fund, or the Ditch General, and we’re reimbursed by the four parties.

Commissioner Nix: That’s what I remembered. Thank you.

Bill Jeffers: Yes, sir.

President Tornatta: No public.

Commissioner Korb: Is that it?

President Tornatta: So, I’m going to assume no pubic comment.

Commissioner Korb: Unless Bill wants to say some more.

Bill Jeffers: Where are you leading me, Jeff?

Commissioner Korb: I don’t know. Where are we going with this, Bill?

President Tornatta: Can I have a motion to adjourn?

Commissioner Korb: So moved.

Commissioner Nix: Second.

President Tornatta: So ordered.

(The meeting was adjourned at 6:27 p.m.)

Those in Attendance:

Troy Tornatta                            Bill Nix                                      Jeff Korb

Kathryn Schymik                      Madelyn Grayson                     Brenda Jeffers

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Troy Tornatta, President

Bill Nix, Vice President

Jeff Korb, Member

(Recorded and transcribed by Madelyn Grayson.)