VANDERBURGH COUNTY

DRAINAGE BOARD

AUGUST 23, 2004

The Vanderburgh County Drainage Board met in session this 23^rd day of August, 2004 at 6:19 p.m. in Room 307 of the Civic Center Complex with President David Mosby presiding.

President Mosby: I would like to call to order Vanderburgh County Drainage Board, August 23, 2004.

President Mosby: Do we have a motion to approve the minutes of the previous meeting?

Commissioner Fanello: Second, yeah, motion. Sorry, I’ve got to change positions here.

President Mosby: I have a motion.

Commissioner Fanello: And she seconded it.

President Mosby: Second, so ordered.

President Mosby: Old business, update on Don Gillies drainage complaint.

Bill Jeffers: Okay, this is the complaint from a citizen at Oak Meadow condominium. I sent a notice to Mr. Bauer on August 2^nd, and I have a copy of the notice to enter into the record. Mr. Bauer referred this issue to his consulting engineer. Jim Morley, Jr. called the County Surveyor to confirm that the issue is going to be addressed by Morley and Associates on behalf of Mr. Bauer. I spoke with Mr. Bauer at 1:00 this afternoon, at which time Mr. Bauer confirmed that it’s in the hands of Morley and Associates, and he will call Jim, Jr. to find out what the status of the field investigation is and advise, and ask their advice concerning resolving that issue.

Bill Jeffers: Okay, on Bob North’s drainage complaint, being next door to Vintage Park and claiming flood damage from the July 17^th storm. I forwarded notices and information to all affected or jurisdictional agencies, including Army Corp of Engineers, Department of Natural Resources Division of Water, the Building Commissioner, and SWCD. The complainant and the drainage board have received copies of all the correspondence by e-mail. The Corp of Engineers and the Division of Water have inspected the site and report no jurisdictional violations regarding their regulations. The Building Commissioner indicates no violations regarding building codes. The developer conveyed a message through the Building Commissioner that the site would be handled with more care regarding the quality of the fill, and that three drainage swales will be cut across the project to relieve storm water from Mr. North’s property. Mike Wathen removed the inlet control measures that Mr. North believes caused some flooding in front of his home. I gave the board two pictures of Mike Wathen removing that, as you ordered us to go do. On a related matter, Mr. Howard Wells, owner of Mill Creek, the trailer park that was flooded on July 17^th, on the north side of Mill Road. Discovered a large log jam in Locust Creek up stream of Mr. North’s property on the east side of the railroad line. The log jam is lodged against the railroad trestle, and Mr. Wells and the family who farms the ground along the east side of the rail line are concerned that the log jam caused or contributed to the flooding on July 17^th. I also got a call from Mark Wilson of the Courier & Press asking if we had looked at this issue. The County Surveyor and Mike Wathen inspected the site, took a picture of the log jam. I don’t believe this log jam had any effect on Mr. North’s property, however, I am referring this issue to the Corp of Engineers and the Division of Water for their opinion and action related to the log jam. Hopefully, they will have it removed from Locust Creek, which is under their jurisdiction.

Bill Jeffers: On drainage plans we have East Pointe Business Park, section five. It’s a final plan for a commercial development of the lot, three lots in that section. The County Surveyor recommends approval of the final drainage plan for East Pointe Business Park, section five. The plan is on the table if anyone wishes to view it. The County Surveyor recommends approval.

Commissioner Fanello: Motion to approve.

Commissioner Crouch: Second.

President Mosby: So ordered.

Bill Jeffers: Hawthorne Estates is a proposed single family residential development located on Seib Road midway between Kansas Road and Boonville-New Harmony Road about a quarter mile west of State Road 57. It lies immediately north and adjacent to Eagle Crossing Subdivision. All the water, storm water run off from Hawthorne Estates will flow into and through Eagle Crossing storm water system. Hawthorne Estates will have one large and one small lake to detain storm water from the development, and from agricultural land that lies north and east of the development, before discharging the storm water in a controlled fashion according to the drainage code. In addition, there will be a small detention facility at the southeast corner of Hawthorne Estates to control the discharge from five lots on to one of the adjoining lots in Eagle Crossing. There may be some adjacent property owners in the audience who wish to speak to the drainage plan for Hawthorne Estates. The County Surveyor recommends preliminary drainage plan approval, and encourages the developer, Mr. Jack Tubbs, and the consulting engineer, Mr. Andy Easley, who’s here in the audience tonight to represent the plan, to work closely with the adjoining neighbors to ensure that all their concerns regarding storm water, erosion control and sediment control are addressed in the final plan, and handled appropriately during construction. Again, there may be persons in the audience who wish to speak, and after they speak the County Surveyor recommends approval.

President Mosby: Anybody wishing to speak to Hawthorne Estates? Seeing none, chair would entertain a motion.

Commissioner Fanello: I’ll make a motion to approve the preliminary plan.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second for preliminary approval. So ordered.

Bill Jeffers: We have some other drainage plans that do not appear on the agenda that I printed Thursday, but which have been resubmitted to our office with corrections sufficient to obtain a positive recommendation, after the plans were reviewed by the County Surveyor on Friday and on Monday. The first one is the indoor soccer facility located on a 5.5 acre proposed parcel that’s part of the former Metro Centre East Subdivision north of Virginia Street, east of Royal Avenue in Knight Township. What happened is the plat for Metro Centre East expired, and the owner of the property is selling 5.5 acres to developers of an indoor soccer facility who wish to break ground as soon as possible to get under roof for the next soccer season this winter. In order to facilitate the construction of the soccer complex, the County Surveyor has reviewed the drainage plan prepared by Matt Wallace of Morley and Associates, who’s here in the audience to represent the plan. The County Surveyor finds that the plan substantially is compliant with the drainage code, but that certain details must be included in the final version of the plan. These additional details must address street construction, and must contain a Rule Five compliance storm water pollution prevention plan satisfactory to the County Engineer’s requirements. When those additional details are added to the plan, along with other details required by the County Surveyor for a final plan. The plan will be approved in our office by the County Engineer and the County Surveyor to the extent that the contractor can get a foundation release, if you so move. Then the plan will come back to the board for final approval next month. Additionally, the board will have to include in their motion a reaffirmation of the relaxation of the right-of-entry for Stockfleth Ditch to a distance of 25 feet from the top of the bank of that regulated drain, as was allowed for the now expired plat of Metro Centre East. If those two terms are satisfactory to the applicant, and to the drainage board, the County Surveyor recommends approval of the plan for the soccer facility from a 5.5 acre parcel of the former Metro Centre East. So, what I’m saying, if you find that this is satisfactory, the board should make a motion to approve the preliminary plan with the provision that the County Engineer and the County Surveyor can recommend approval of the soccer facility to Area Plan Commission and the Building Commissioner so they can get a foundation release and break ground, but with their understanding that it’s all contingent on them coming back to us with code compliant plans on street details and erosion control, pollution control details. Just like everybody else has to do, get a permit from IDEM for Rule Five activities, and you will have to reaffirm what a previous drainage board granted back in the 80's, a relaxation down from 25 feet from the top of the bank of the regulated drain, Stockfleth Ditch. I have no problem with any of that. I was a part of all of it previously. Mr. Wallace is here to answer any particular questions about the urgency of this request.

President Mosby: So, the board has to reaffirm the relaxation?

Bill Jeffers: Yes, sir.

President Mosby: And that needs to be included in our–

Bill Jeffers: In any account, that has to be done in any account.

President Mosby: Okay.

Bill Jeffers: Because the plat expired.

President Mosby: And that needs to be approved in the motion?

Bill Jeffers: Yes, sir.

Commissioner Fanello: Do I need one motion? Can I do all that in one motion, or should I separate it?

Kevin Winternheimer: You can do it in one.

Commissioner Fanello: Okay. I’ll make a motion to reaffirm the relaxation, and approve the plan with the provisions as stated by the Surveyor, Mr. Jeffers.

Commissioner Crouch: Second.

Kevin Winternheimer: Before you vote, do you want to ask for any comment from the audience?

Bill Jeffers: Are there any comments from the audience?

President Mosby: Anybody in the audience that would like to speak? So, I have a motion on the floor and a second, and I will say so ordered.

Bill Jeffers: The last drainage plan I have to bring before you, unless there is another to come from the floor, from the audience, is Heritage Park, a proposed commercial subdivision at the northeast corner of Green River Road and Lynch Road. Heritage Park lies on approximately 22 acres of land north of the new Schnuck’s market and across from Evansville Day School at Green River Road and Lynch. The Black Buggy restaurant proposes to locate in Heritage Park. The preliminary plan substantially complies with the drainage code, although substantial details must be included in the final drainage plan before ground breaking and street construction commence. The plan’s represented here tonight by David Stallings, the engineer, and the County Surveyor recommends approval of the preliminary plan for Heritage Park. Are there any comments from persons in the audience?

President Mosby: Anybody that would like to speak to Heritage Park? Seeing none, chair would entertain a motion.

Commissioner Fanello: Motion to approve preliminary plan.

Commissioner Crouch: Second.

President Mosby: So ordered.

Bill Jeffers: Okay, ditch maintenance claims. The ditch maintenance claims are in order with the appropriate paperwork. The work’s been completed and inspected. The County Surveyor’s recommendation is to pay the claims.

President Mosby: Do I have a motion to approve the claims.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

Bill Jeffers: One of the projects is Bonnie View Extension, which was full of all kinds of debris and grass clippings, etcetera, holding water, breeding mosquitos, and the residents of Sutton Place? Summit Place. Summit Place II and their homeowners association had begged for years for us to clean that out. It’s just south of the Target project, and we finally saved enough money in our account to accomplish that ditch cleaning. That straw is a mulch that’s covering the grass seed. That should be a nice, dry ditch when the grass grows.

Bill Jeffers: Okay, encroachment agreements. I’m not aware of any. Relaxation, you know, maintenance right-of-way relaxation requests, I’m not aware of any.

Bill Jeffers: Other agreements, Dennis V. Owen, Carpentier Creek Pavilion presents an agreement here to maintain a box culvert under Rosenberger Avenue, or, yes, Rosenberger Avenue, prepared by Robert Rheinlander and reviewed by Kevin Winternheimer and John Stoll. The County Surveyor recommends approval of this agreement by this board, contingent upon, because it’s part of the drainage plan, contingent upon Mr. Winternheimer’s and Mr. Stoll’s recommendation of the same document. I believe you all have seen it.

Kevin Winternheimer: Yeah. We had, both John and I had a couple of suggestions, he incorporated that in there. I have no problem with it, it’s fine.

President Mosby: Chair would entertain a motion.

Commissioner Fanello: I’ll make a motion to approve.

Commissioner Crouch: Second.

President Mosby: So ordered.

Bill Jeffers: Okay, correspondence, I didn’t get, I got this on the phone, but I’m going to call it correspondence, okay. Mr. Richard Jobe, or Rick Jobe, who owns property south of the new Wal-Mart west. Mr. Jobe believes that Wal-Mart or others have rerouted storm water from lot 23, on which sits the Old National Bank on Pearl Drive, routed it south to Mr. Jobe’s lake. Not exactly in conformance with the approved drainage plan. The plan shows the connection of lot 23 on Pearl Drive to the Pearl Drive storm sewer system, as same as the road plans that were approved by the Commissioners. The County Surveyor just received this complaint around noon today, and plans to investigate the complaint with John Stoll and others, specifically the City Engineers office, and report back to the board and to Mr. Jobe at a later time. I’ve also found out that this was necessary to do, the County Engineer and the City Engineer found it necessary to do this because of a dilapidated old pipe that went under Red Bank Road, and there is very little water associated with this, and that’s all I have at this time, and we’ll try to have more information for Mr. Jobe in the next week or so.

John Stoll: Just a quick run down on what happened out there. There is an existing corrugated metal pipe that ran underneath Red Bank Road, it was approximately 12 feet deep, and it was totally rusted out. The contractor working on the Gene Hahn site on the east side of Red Bank contacted my office, and I in turn called the City Engineer’s office, because that’s right on the line between city and county jurisdiction. We went out there and saw that the pipe was rusted out severely, and the only two things that fed that pipe were a curb inlet on Pearl Drive, an area drain in the Old National Bank property, and two curb inlets that cover maybe a third of the Old National Bank parking lot. At that point, the City Engineer’s office and I discussed the possibility of trying to eliminate that pipe, just so it would be one extremely deep pipe that we would no longer have to maintain. Contractors working on the Wal-Mart site and on the Gene Hahn site took some survey shots, found that there was barely enough fall, basically about a tenth of a foot, at best, to go from the Old National Bank inlets to the Red Bank Road pipe, and, at that point we decided, well, it’s probably better if we just flat eliminated it. They surveyed and found that the water could go south into the system that Wal-Mart is installing. At that point the contractor then went ahead and grouted the pipe shut underneath Red Bank Road, and there is probably a third of the parking lot that does go south toward the Wal-Mart drainage system that didn’t previously go that way. But, it all ends up in the basin that Wal-Mart installed, and that’s within the city, and like Bill said, that any changes on that the City Engineer would have to deal with, but it’s such a small amount of water that I can’t imagine that it could make any significant difference, given the fact that all the acreage that Wal-Mart’s paving versus this small parking lot area is minimal. That was run past my office and the City Engineer’s office. I just hadn’t talked to Bill about it.

Bill Jeffers: Thank you, John.

Bill Jeffers: Another report that I have is this photograph, aerial photograph of Morgan Avenue between Green River and Burkhardt, and some pictures showing a large amount of standing water in the ditch, known as Hirsch Ditch, caused by debris and sediment and so forth that’s collected in that ditch. Now, those pictures were taken, it hadn’t rained for two or three weeks at that time, so that’s a lot of water standing, indicating obstructions. We have some pictures there that show some of the obstructions, but some of it’s inside of pipes. This has been going on for about four or five years. It’s gotten worse. We didn’t have any money in that account four years ago. We’ve stopped mowing several ditches along there to save approximately 65 to 75 cents per foot, per year, anticipating doing this. We’ve maintained ditches sufficiently without mowing. We’ve done quite a bit of herbicide spraying, which is much cheaper, and we haven’t had any complaints, except from Summit Place, and we have mowed them three times a year, because it’s a residential area. The places where I have not mowed are either agricultural or heavy industrial or commercial, and they mow their own, if they want people to see their building. So, consequently, we have saved a substantial amount of money, in excess of $100,000, anticipating this project. I wanted to let you know, with your blessing, I’m going forward with a full blown project to dredge about a mile and a quarter of that ditch pictured in the aerial photograph and in those packet of photographs. We’ll be dredging the bottom out, cleaning the pipes, laying some of the eroded bank back, and revegetating the bank with grasses, and making it look like it’s supposed to look and should have looked. Now that we have over $100,000, I think we can do a good job. I won’t read the rest of that into the record, I’ll just ask you to read it and pass it to the Recording Secretary. I’m not giving an engineer’s estimate at this time. I don’t want to influence the bids. I’m just telling you that you have enough money, and asking if I can go forward. I think I’m finished, unless there are other persons wishing to address the board.

Madelyn Grayson: Bill, I just had a question. Does that mean that I need to advertise a notice to bidders for that project?

Bill Jeffers: We’ll try to bring that to you next meeting. I just want to make sure that everybody understands that when they see a substantial project in the middle of the year, that’s why you’re seeing it, because we finally have enough money to do what’s needed to be done for the last four years. I didn’t want to catch you by surprise in the middle of all these budget hearings.

Bill Jeffers: Are there any persons wishing to address the board? Or any comments or questions from the board?

President Mosby: Did you want a motion on this tonight?

Bill Jeffers: No, no motion.

President Mosby: Oh, okay.

Bill Jeffers: Just want to let you know what we’re up to so it doesn’t....why do they want to spend money in the middle of the year, well, we finally found that we have enough to do the job.

President Mosby: Is there any other business to come before the board?

Commissioner Fanello: Motion to adjourn.

Commissioner Crouch: Second.

President Mosby: I have a motion to adjourn, and a second, so ordered. We stand adjourned.

(The meeting was adjourned at 6:42 p.m.)

         Those in Attendance:

         David W. Mosby             Catherine Fanello           Suzanne M. Crouch

         Bill Jeffers                       Kevin Winternheimer      Madelyn Grayson

         John Stoll                        Others Unidentified         Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

David W. Mosby, President

Catherine Fanello, Vice President

Suzanne M. Crouch, Member

Recorded and transcribed by Madelyn Grayson.