VANDERBURGH COUNTY

DRAINAGE BOARD

DECEMBER 8, 2009

The Vanderburgh County Drainage Board met in session this 8^th day of December, 2009 at 5:54 p.m. in room 301 of the Civic Center Complex with President Lloyd Winnecke presiding.

President Winnecke: Okay, let’s call to order the December 8^th meeting of the Vanderburgh County Drainage Board. Attendance roll call, please.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Here.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Here.

Madelyn Grayson: President Winnecke?

President Winnecke: Here.

President Winnecke: Okay, at this time I would entertain a motion to approve the minutes from our previous meeting.

Commissioner Tornatta: So moved.

Commissioner Melcher: Second.

President Winnecke: There is a motion and a second. Questions or discussion? Hearing none, all in favor say aye.

All Commissioners: Aye.

President Winnecke: Opposed.

(Motion approved 3-0)

President Winnecke: Okay. Mr. Jeffers?

Bill Jeffers: Good evening, Commissioner Winnecke and other Commissioners and staff. Basically, the only thing that I have on the agenda tonight is the continued hearing of Melissa and Fred Emory’s drainage, excuse me, drainage issue in their backyard. At our last meeting on this hearing, in November, you asked me to come back with a final report, including a brief report from the Building Commissioner regarding the foundation, relationship of the soil elevation to the foundation. I’ve put all of that in an e-mail to you yesterday I believe it was.

Commissioner Melcher: Yes.

Bill Jeffers: The Building Commissioner, Ben Miller, is here this evening in case there is any additional questions on it. He has confirmed that there needs to be some minor modifications made at certain places around the foundation, and he has notified the builder, Mr. Charles Murphy, of those required modifications. I believe they are working towards that. However, that’s not really a drainage issue, that’s a termite control issue. If it should involve the regrading of the protective grade or the slope away from the foundation, the fall of six inches in the first ten feet, that’s also a Building Commissioner issue and that will be monitored by the Building Commissioner. So, dropping back just to the drainage issue in the backyard, the bottom line for me, as I said in the e-mail, is that the yard has been sufficiently regraded to accomplish a nearly complete positive drainage from the yard, through a swale and to the east through two more residential yards to an undeveloped lot owned by Chuck Murphy where the swale terminates at this time and needs to be finished graded out to the Green River Road drainage facilities. At this time there is some water pooling in that swale on Mr. Murphy’s property, because it doesn’t have the finished grading all the way out to Green River Road. That needs to be finished. It’s my understanding it will be as weather permits. Number two, recording a drainage easement through the backyards of those properties, or a document that can be used in the chain of title that notifies subsequent property owners of all those properties of the requirement to maintain that common swale, which now is a mutual drain, maintain it unobstructed forever so that the water can pass from these yards out to Green River Road. Number three, providing the County Surveyor and the County Engineer with an as-built topographic drawing of the backyards involved in this issue. It’s my understanding, after I conveyed these three issues to Mr. Murphy’s engineer, Keith Poff, that he was awaiting direction to finish that work and turn it in to us. Of course, Mr. Murphy has to order that work, because it is Mr. Murphy that pays for it. I believe Mr. Murphy is here as well. So, basically, what I’m saying is that I believe there’s been sufficient yard grading accomplished, to accomplish or facilitate the positive drainage of water away from the home, out to the swale in the backyard, and then from there down to Green River Road as soon as the swale is finished just through Mr. Murphy’s undeveloped lot, which is adjacent to Green River Road. Pictures you might see tonight will show you that there is still some rather slow movement of the water through the swale, but we must understand, I believe, that the grades are very flat and the soil has been moved around, you know, exposing the harder sub-grade, what you might call horizon B, which is not real mellow soil, it’s more hard pan. So, water doesn’t absorb down into that exposed soil quite as readily as it will after that yard has been seeded, which I believe it has, after the grass begins to grow and it sends roots down into the hard pan and the roots break all that up, and then the little creatures do their magic, you know, they bore little holes down through there, the worms and whatever insects live in the sod. All that over a period of two, three, four years will mellow that soil out, and as the years progress it will get a much better absorption capability, and I believe you won’t see these puddles sitting on that hard pan soil like they always do right after the development of a home and right after the yard’s been landscaped. This has been my experience at my own house, newly built house in 2002. It took me at least three years to get my yard anywhere near satisfactory. I still have puddles in the backyard after the kinds of weather we’ve had this year. About all I have to say, the other principal people that may want to say something are here tonight, and I’ll turn the podium (tape flip). Bottom line, I’ll summarize is, I’m waiting for the swale to be finished through Chuck Murphy’s undeveloped lot, although that is not holding water on the lot in question. The recording of drainage easement or documents into the chain of title that will notify subsequent property owners that they must maintain this mutual drain, unobstructed, and an as-built topographic drawing of the project turned into the County Surveyor and the County Engineer to be kept in our records.

President Winnecke: Mr. and Mrs. Emory, would you like to add anything?

Melissa Emory: We’re just discussing right now, if Bill’s statement is correct, there is still water in this new swale at the back of our property. It takes three, four, five days for the standing water to be gone, but I’m no expert in drainage, so maybe three years from now when our yard is re-seeded for the fifth time it might absorb. I have no idea. So, if this is standard, I have no argument against that. I guess, my question is, in three years if it’s not where it’s supposed to be, what recourse do I have at that point to say well my yard never really was fixed appropriately? So, I’m kind of at a stalemate. I don’t know what to say to that. The rest of the yard is draining much, much better. We talked with Mr. Miller and he came out to the home and has assured us that Mr. Murphy is going to work on the code violation, and will need to remove the dirt another four inches away from our home, the depth of four inches from the foundation. So, I don’t know how that will affect the drainage to the rest of the yard because he put it in to alleviate the drainage issues. So, I’m kind of, until somebody does something else to the yard I really don’t know what else to say. I’m just kind of stuck.

President Winnecke: Okay. Mr. Murphy?

Charles Murphy: Charles Murphy. Good to see you this evening. I just received the, late this morning, the documents from my engineer for the easements to take to the individual owners and have them look at them and get them signed. I’ve been in contact with Mr. Jeffers and also Mr. Miller in regards to the situation that exists at present. I would like to meet with the Emory’s some time later and discuss the on-going issues that we have at present that needs to be addressed. I think it’s something that we can definitely get taken care of for you.

President Winnecke: So, what is your proposed time line in terms of making, repairing, making the code violation, not a code violation anymore?

Charles Murphy: To really take care of the situation as it needs to be, we’re in a bad time of year to try to start moving a lot of dirt and getting grass planted. Although, I think I can probably get the dirt removed and possibly put maybe sod back in. I’ll have to check on that with my landscaper. But I’m going to try to do what I can to take care of their situation, plus the one lot that I still have that needs to be addressed that’s part of the easement.

President Winnecke: So, okay, so, you still have to finish the grading and provide the topographical map to the....when do you anticipate having this all complete?

Charles Murphy: Depending on how quick I can get the first lot taken care of that’s in the easement, I would think within the month. The engineer should be able to do it, prepare the as-built drawing that Bill (Inaudible).

President Winnecke: Okay, any other questions of anyone? At this point, I guess, we’re looking for, Bill, are you recommending that we continue the hearing until further progress is made and get an update sometime after the first of the year?

Bill Jeffers: Considering the weather, that might be a good idea, I think. I don’t think at this time of year you really have any construction days between now and , you know, to speak of between now and March. You can do work–

President Winnecke: Right.

Bill Jeffers: –but not really anticipate any true construction days, definitely no seeding. You know, I wouldn’t recommend going in there on top of what’s already been seeded and doing any work at this time, especially if there’s any grass showing germination at this time. I wouldn’t go in there and cause a worse situation. Any piece of equipment you take in there right now is going to cause horrible ruts and holes and stuff. In other words, I’m saying right now it’s draining.

Commissioner Tornatta: Right.

Bill Jeffers: Where it appears not to be draining, are either minor depressions that have subsided a little bit since the grading took place. That’s natural, or water that’s just sitting in that swale because it’s so flat and the earth is, the soil is so poor, and this is not because of anything anyone has done, it’s simply the nature of that soil at that location, and it’s very common throughout that entire creek valley that this would happen. Especially when you’re dealing on such a flat flood plain as this. It’s just something that has to be dealt with. If it were me, I would not want to do it until that soil is either frozen solid, in the middle of the winter, or sufficiently dried out that immediately upon finishing you could go back in there and double seed it, straw mulch it, and fertilize it and get something going in the spring.

Commissioner Tornatta: Okay.

Bill Jeffers: I wouldn’t even re-visit it until, you know–

President Winnecke: March?

Bill Jeffers: –yeah, at least March.

Commissioner Tornatta: Okay.

Bill Jeffers: For a report.

Commissioner Tornatta: I will make a motion to continue the hearing, but using the recommendations of the County Surveyor and the developers insight to have this project done and handled for March 31^st.

Commissioner Melcher: I’ll second it.

President Winnecke: A motion and a second. Are there questions or discussion?

Bill Jeffers: Just that that was my idea. I believe Mr. Murphy was being far more optimistic than I am. You know, whatever, you know, I’m saying I think that’s a good idea to wait that long.

President Winnecke: Right.

Bill Jeffers: For a final report.

President Winnecke: Right. Okay, roll call, all in favor say aye.

All Commissioners: Aye.

President Winnecke: Opposed?

(Motion approved 3-0)

President Winnecke: Okay, this issue is continued before this body until the end of March, and hope that you can make progress as quickly as possible for the Emory’s sake.

President Winnecke: At this time I would entertain a motion to approve claims for ditch maintenance.

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?

(Motion approved 3-0)

President Winnecke: Okay. Any other business, Bill?

Bill Jeffers: No, sir, unless there’s public comment.

President Winnecke: Any public comment to come before the Drainage Board? Yes, sir?

Wayne Fehd: I’m Wayne Fehd. I live at 13040 Green River Road. There’s a ditch along the north side of Kansas Road, going east of Green River Road, and I’ve got a field tile out letting into that ditch. I think the ditch is called the Henry Ditch. There’s about a foot of dirt over the top of the tile. It’s got the end of it plugged up there. I dug the end of it open, located it and drove a piece of plastic pipe in and marked it field tile. What we need to do is get that ditch dipped out going east toward I-164 there along the north side of Kansas Road. The crops are out of the field right now, so it would be nice to dip that ditch out and put the dirt out in the farmers fields along there. That would be good for the county, they wouldn’t have to haul it off, and you could use the Kansas Road pavement now to work on it too while it’s a little too wet for something else.

Commissioner Tornatta: I would say that if you’ll get with Bill and give him that information he can convey that to Chris Walsh and put in a work order.

Wayne Fehd: Okay.

Commissioner Tornatta: Then he can get to that as soon as he has a crew available.

Wayne Fehd: Yeah, okay.

Commissioner Tornatta: If that’s okay with you, Bill?

Bill Jeffers: That’s fine.

Commissioner Tornatta: Okay, thank you, Wayne.

Bill Jeffers: I need to talk to Chris about a Christmas party anyway.

Commissioner Tornatta: Okay.

President Winnecke: Thank you, Mr. Fehd. Any other public comment before the Drainage Board?

Commissioner Tornatta: Motion to adjourn.

Commissioner Melcher: Second.

President Winnecke: We are adjourned.

(The meeting was adjourned at 6:10 p.m.)

Those in Attendance:

Lloyd Winnecke                        Troy Tornatta                            Stephen Melcher

Bill Jeffers                                 Ted C. Ziemer, Jr.          Madelyn Grayson

Melissa Emory                          Charles Murphy                        Wayne Fehd

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.)