VANDERBURGH COUNTY

DRAINAGE BOARD

DECEMBER 16, 2008

The Vanderburgh County Drainage Board met in session this 16^th day of December, 2008 at 5:45 p.m. in room 301 of the Civic Center Complex with President Troy Tornatta presiding.

President Tornatta: Okay, we’re going to open the, oh, hello, we’re going to open the Drainage Board meeting, Tuesday, December 16, 2008. It is 15 till six.

President Tornatta: Motion to approve the previous meetings minutes.

Commissioner Nix: So moved.

Commissioner Korb: Second.

President Tornatta: So ordered.

President Tornatta: Mr. Jeffers?

Bill Jeffers: Yes, we have one drainage plan before you this morning, or this evening. It’s a final plan for Cambridge Section 2A. It’s the portion of the previous Section 2, inside the yellow, what do they call those? Trapezoids? Yeah–

Commissioner Korb: I had to look up to see what that was.

Bill Jeffers: Inside the yeller lines. Basically, they just reconfigured some lots to meet the current market demand for lot size, and then readjusted the drainage easements and facilities to match the new lot lines. Everything comports with the drainage code and the recommendation is to approve the final drainage plan for Cambridge Section 2A. The engineer is here, and are there any remonstrators? Or comments?

President Tornatta: Seeing none. Do I have a motion?

Commissioner Nix: So moved.

Commissioner Korb: Second.

President Tornatta: So ordered.

Bill Jeffers: The next item is a discussion of Pigeon Creek improvements. A few weeks ago a fellow named Tim Mosbey from Chandler, Indiana, who’s a newly elected Commissioner, previously a County Councilman in Warrick County, came in and gave me some information on what the Warrick County Drainage Board is currently doing to improve Pigeon Creek, I believe from Indiana 68, maybe.

President Tornatta: 68.

Bill Jeffers: 68, oh, you’ve talked with him too?

President Tornatta: Uh-huh.

Bill Jeffers: Great, down to the Warrick County line there, east of I-164. Funds committed by Warrick County for 80,000 feet, from State Road 68 to the west Warrick County line, $136,170. Then an extension, they have some more money in here, $17,282, and then some different things like that. Anyway, this all came, originally, from a project that we’ve discussed where Warrick County-Vanderburgh County enjoy a joint Drainage Board that was formed, I believe, during the previous administration around 2000, for the purpose of working on Pigeon Creek. At that time there was some money available from the state for log jam removal between Stevenson Station Road and Green River Road, but those funds were pulled back to help balance the state budget, and we’ve never pursued it again. Tim Mosbey is interested in reactivating that project next year and seeing to what extent the Vanderburgh County Drainage Board would like to participate. Tonight there is an advocate here for Pigeon Creek, former Senator Paul Bitz, and he would like to address the issue briefly. We have an aerial photograph of the area up there, either side of Green River Road, in case anybody wants to make reference to that.

Paul Bitz: Good evening, Commissioners.

President Tornatta: Good evening.

Paul Bitz: I would just like to say that you people that are going out of office, you can consider yourself having a good term of office, because I was never down before you. So, you had good luck. But, anyway, don’t give up, just keep fighting, some day you may return and still stay connected to the community, which I know you all will.

Commissioner Nix: Thank you.

Paul Bitz: I would like to say about Pigeon Creek, when I was a young boy, years ago, I’m not going to tell you how many years ago, but when I was, I always, we used to go to Pigeon Creek, and, believe it or not, we would swim in it, even though there wasn’t much to swim in, and we really enjoyed having a time. Back in those days, the kids, you didn’t have anything. Today they’ve got everything. Their parents give them everything they want. If they cry, they get a little more. But, anyway, what I would like to see done on Pigeon Creek is eventually, in conjunction with the other county, that when they start the infrastructure money, which will be coming out sometime in April, from the new Obama administration, that that could be a good project. My understanding, and I don’t know whether you know it or not, but I have a few people in Washington that I work with. My son was Deputy Under Secretary of Defense, Financial Division, for years, and he just retired. Anyway, he’s been working on some stuff as well on that, so, he, I’ve discussed it with him, I think that would be a great project for the Commissioners to recommend and have ready to go. I’m disappointed that the city isn’t doing anything toward getting some project going. I understand Carpentier Creek is about ready, all you need is the money, and I think that would qualify. What we would have to be careful is, when that money comes into the state, you know, there’s going to be somebody allocate where that money goes. If your project’s not ready, they’re going to pass you up and give it to somebody else. I talked to the members of the Indiana General Assembly, and I’ve asked them that they should put in an advisory board that would have some strength to see that the Governor, and not necessarily because he is a Republican, if it would be a Democrat he would be doing the same thing, but see that when that money is allocated that it’s put out equally, and it’s put out for the projects that are asked for, and the projects that get the money are done. That’s what I would like to say. I would like to see the Commissioners, and I think, Troy, I heard somebody tell behind the scenes, I hadn’t talked to you about it, that you had been thinking about a wish list when that money starts coming in, and my understanding you have to have it, the design and everything ready and be ready to go out for bids within 30 or 40 days, because the idea is to get people back to work. They’re not going to wait six months or a year. That’s all I have to say, and I appreciate you letting me come down and talk to you about it. Thank you very much.

President Tornatta: Thank you.

Commissioner Nix: Thank you.

Commissioner Korb: Thanks, Paul.

Bill Jeffers: Basically, what Paul’s referring to is a study that was done on Carpentier Creek 2000-2002, has some recommendations for immediate work that can be done. That consultant was Structurepoint, American Structurepoint, and they could prepare plans that would be ready to go, ready to bid in a matter of 30 days. On Pigeon Creek, we would have to work at a little bit greater speed to bring ourselves up to snuff, to put together some log jam removal and other green improvements. I believe that the first wave of money that will be coming from the federal government, as a stimulus package, will be hard infrastructure improvements; bridges, roads, that type of thing, and the second wave will be green stuff. We definitely want to be ready for some of that green infrastructure improvement money.

President Tornatta: Mr. Jeffers, one of the issues I think we keep coming back to is how does the Ohio River flux have to do with Green River Road, or even Carpentier Creek? It always seems like we come back to, once the flood stage is of a level, it doesn’t matter what improvements we’ve done, we’re still going to have flooding in some of those areas.

Bill Jeffers: Oh, that’s absolutely true. What we would be looking to improve are the seasonal floodings that occur every year, or every two or three years, where we have a local heavy storm system come through, and have local deluges that just affect Pigeon Creek. Then, that’s where the log jam removal and the channel improvements, that type of thing would be of benefit. But, you’re right, once the river gets up to 44-48 feet, then if you have a regional rain storm that, the entire watershed all the way up to Princeton, Indiana is hit by a series of heavy rainstorm cells, like what happened, I believe, in 2006, you can blame it on development, you can blame it on any number, log jams, or any number of things, but I’m going to tell you when we went out and measured the high water for that last event that flooded Green River Road and everyone had to sandbag up through there, we got the identical, I mean, within an inch of the same elevations as what we got in 1983, before all the development occurred. When you have that type of event, where the river is up, and then you have a regional deluge, it has absolutely nothing to do with anything but sheer intensity and longevity of the rainfall, and then the runoff cannot get out into the river, because the river is standing at a height.

Commissioner Nix: And what you just said, Mr. Jeffers, is a testimony to the work that you’ve done with the Drainage Board over the years, as far as making sure that people comply with the law. I mean, you’ve put in a bunch of hard surfaces and roofs and stuff and you don’t have any more change than that, I mean, that tells us the system is working.

Bill Jeffers: Yeah, that and the grace of God.

Commissioner Korb: You’ve done a great job of getting everything to comport together, and I commend you for that.

Bill Jeffers: Well, I appreciate that, Jeff. Comport, yeah, you got me there. I’ll try not to use the word comport again in this meeting.

President Tornatta: In this meeting.

Commissioner Nix: Are we over? Because that won’t happen often.

Bill Jeffers: Okay, so, I just want to, just a heads up to Commissioner Tornatta and the incoming Commissioners, we will be bringing you proposals for work that may qualify for the stimulus package money. Forthcoming, we hope.

Bill Jeffers: We need to set a date, I thought we needed to set a date for the Joe Nickolick obstruction hearing, but since I put this on the agenda, some representatives of the two entities that are to clean out the drain, hopefully, have said that they’re progressing towards that. So, I sent back a letter telling them that I would come to you the first meeting of January and have you set that date for the second meeting of January, or the first meeting of February. You still have time within the 90 days to have two meetings. One at the end of January, and one at the beginning of February. So, we can skip that.

Bill Jeffers: We need to pay the ditch contractors. I have the end of the year claims on the desk. I recommend approval of all those. (Cell phone ringing.) I think that’s one of them calling me now. Yes, we’re going to pay your claims. Thank you.

President Tornatta: Are we that far behind, Ted? Ted, I mean, Bill?

Bill Jeffers: So, I’m asking you to pay those claims.

Commissioner Nix: Move approval.

President Tornatta: Second, oh, you’re second.

Commissioner Korb: Second.

President Tornatta: It’s a Christmas show, ladies and gentlemen.

Bill Jeffers: That was my daughter. I just cut her off.

President Tornatta: Motion approved.

Bill Jeffers: Okay, on the Linda Phillips project, I’m just asking for a brief determination, possibly just a comment by your attorney as to when we would be able to pay the contractor for that. We’ve had the discussion, via e-mail, I just want to get it on the public record so that I can send a copy of the minutes to the contractor letting him know when he can expect payment for that. That’s where we were running through the ordinance, because it was a code violation–

Ted C. Ziemer, Jr.: I don’t have that with me today, but you and I talked about it on the phone, and we said–

Bill Jeffers: 90 days.

Ted C. Ziemer, Jr.: –90 days. Yeah.

Bill Jeffers: The code says we have to give Mrs. Phillips 90 days to pay the contractor, after which we can pay him out of funds we hold for that subdivision.

Commissioner Nix: Was the contractor made aware that his payment could be up to 90 days after completion?

Bill Jeffers: He was not aware of that when I contracted with him, because I was not aware of it. That was an oversight on my part, the way I read the statute.

Commissioner Nix: I guess, in all fairness to him, is there some other place we could draw money out of, and then–

Ted C. Ziemer, Jr.: We would have to ask Bill Fluty. I don’t know.

Commissioner Nix: You know–

President Tornatta: Well, yeah, I mean–

Ted C. Ziemer, Jr.: How far are we on the 90 days?

Bill Jeffers: December 1^st was the 30^th day, after, I got a green card, I sent the bill to Mrs. Phillips, registered mail return receipt requested, on December 1^st, and received the green card back that she had received it on December 2^nd. No, excuse me, November 2^nd.

Commissioner Korb: Yep.

President Tornatta: Could we end up paying this out of Infrastructure money and reimbursing that account?

Ted C. Ziemer, Jr.: I’m not sure. I would want to talk to the Auditor about that.

President Tornatta: Hold on, we’ve got a meeting on the 23^rd–

Ted C. Ziemer, Jr.: Well–

President Tornatta: No?

Ted C. Ziemer, Jr.: Sure, but we just keep adding agenda items to that. What, have you talked to the contractor?

Bill Jeffers: He just wants a letter that he can put in his files saying that he has to wait 90 days, in case anything comes up in his business where someone’s asking him why he’s, I guess, with his accountant. I didn’t go into particulars with him, and I wouldn’t announce it at the meeting.

Ted C. Ziemer, Jr.: So, he’s not–

Bill Jeffers: He’s a little disappointed, but he just needs a statement that he has to wait 90 days.

Commissioner Nix: Personally, I would just as soon, if there’s a way we could work it out to get the money in a timely manner.

President Tornatta: I agree.

Commissioner Nix: I mean, 90 days is–

Bill Jeffers: I agree. I hope to have, next year I hope to bring this back and get that code changed to 60 days or less.

Commissioner Nix: Bill, do you want to talk to Bill? Or do you want me to talk to him?

President Tornatta: Yeah, I mean, we can ask Auditor Fluty, and then, if we need to, if we have to put it on the 23rd’s agenda, we’re going to have to. I mean–

Bill Jeffers: We can talk to Bill Fluty.

President Tornatta: I would rather get him paid (Inaudible).

Bill Jeffers: We could take it out of Ditch General, you know, if the State Board of Accounts is okay with it. They are usually okay with us taking money out of Ditch General, as long as it gets back into the proper account.

President Tornatta: Well, I mean–

Bill Jeffers: Within a certain period of time.

President Tornatta: –all we have to do is work that out with–

Bill Jeffers: Right.

President Tornatta: –Bill to put that back in there. We can write a letter to that effect.

Bill Jeffers: This could all be done the first meeting of January, which I think is January 6^th?

Commissioner Nix: And he could have a check just a few days after that, or something?

Bill Jeffers: Right. Is that okay?

President Tornatta: That’s fine.

Bill Jeffers: So, we’ll talk, I’ll talk to Mr. Fluty. I’ll communicate with you individually, by e-mail, I’ll send a copy to Mr. Ziemer, and then you can make your decision together on January 6^th. Is that okay?

President Tornatta: That’s fine.

Bill Jeffers: Thank you.

Bill Jeffers: I don’t have any other business, except to say that I’ve truly enjoyed working with Commissioner Korb. You always keep me on my feet, on my toes. I think you’ve got a good heart. Your heart is in the right place. Sometimes we don’t agree, our heads aren’t in the same place, but I wish you and your family all a Merry Christmas and very prosperous New Year.

Commissioner Korb: Thank you.

Bill Jeffers: I’ll miss ya.

Commissioner Korb: Me too.

Bill Jeffers: Hope to see you again. Bill Nix, there’s not a whole lot I can say, other than you’re the best Commissioner I’ve ever worked with when it comes to public works projects. You’re it.

Commissioner Nix: Thank you very much.

Bill Jeffers: There’s none better. Ted, you’re the best.

Ted C. Ziemer, Jr.: Thanks.

Bill Jeffers: Truly. You know, I can send an e-mail to Ted Ziemer, and within a half an hour get a response. If he’s in his office, he picks his phone up. This is really unusual for a County Attorney, and I’m going to really miss that. He’s the best. Troy, I look forward to working with you, and I know the two Commissioners that have been elected are going to be a pleasure to work with, both of them. I know both of them, they’ll be great. So, I hope it’s a seamless transition in that respect, and we move forward serving the public.

Commissioner Nix: Bill, thank you very much. It’s been a pleasure working with you too. I’m sure we’ll cross paths soon, down the road.

Bill Jeffers: Great.

Commissioner Nix: Not in this position though.

Bill Jeffers: Well, I hope you bring some development plans forward for approval.

Commissioner Nix: I’m working on it.

Bill Jeffers: I’m done.

President Tornatta: No, that’s fine.

President Tornatta: Public comment?

Bill Jeffers: Oh, I’m sorry.

Antionetta Carter: (Inaudible).

President Tornatta: You’ll have to come up to the microphone if you want to speak.

Antionetta Carter: I apologize. This is something new to me, and, I, like I said before, I wasn’t aware of the forum and the Board, and I’m not aware of the proper procedures as to addressing you all. But, the gentleman he made some really good points about Green River Road being flooded in certain areas and things like that, but I also wanted to include the inner city, like the Bellemeade-Bayard Park streets, they have been flooding for years and years. He was talking about Pigeon Creek being, you know, cleaning it out and keeping it safe and so forth and so on, but you made a valid point when you said what about the Ohio River, when it rises? What I’ve noticed is, that we’re not only growing and expanding on the east side of town, we’re also growing and expanding to the north, I mean, to the west side of town, with our college students, with that area a lot of development is going to be going on as far as housing for the students and so forth and so on. Then, also, like in Cambridge, which I love that subdivision, one day, hopefully, God will bless me to live there, but, anyway, but what I, me personally as an individual and as a taxpayer, I see the need in this city for another water filtration system. Because, if we don’t do something about just having the downtown area and all the waste running through the entire city of Evansville, going through the inner city, and once it becomes over capacitated, it stops right there where my home is and where my business is. I have to call the Water Department to have them to come blow out the drains, because there’s toxic waste coming in through the drains. All they do, they blow it down to the next block, you know, because there’s really no place for it to go. Once it’s full, it’s full, you know. I’m sitting here thinking that we as the City of Evansville, we’re trying to grow our city and make our city more aggressive and more pleasurable for people to come in and want to bring businesses here, want to bring industrial and people to relocate here and actually stay, but how could we do that without, when we have a stench, just like Terre Haute.

President Tornatta: Right.

Antionetta Carter: You know, I mean, if we don’t, and then, not only that, I think that also plays a part on the high cancer rate. You know, if we’re drinking water that is not being filtrated properly, then there goes, you know, it causes illness.

President Tornatta: Antionetta, let me just–

Antionetta Carter: Okay, stop me.

President Tornatta: –no, just to tell you that these would be City Council issues, addressed to either the Mayor or the City Council. Where this is a county Drainage Board. Even though it’s Vanderburgh County–

Antionetta Carter: Yeah, that’s–

President Tornatta: –and the city is in the county, it does not deal with those issues with regard to water filtration systems and sediment systems inside the city.

Antionetta Carter: Okay, so, what you’re dealing with is the ditches around the I-165 area?

President Tornatta: Well, outside the city incorporated.

Commissioner Nix: We have no jurisdiction over any sanitary sewers.

Antionetta Carter: Okay, so, since I live off of Burkhardt Road, the side, I live on the Vanderburgh County side, but right across the street from me is the–

President Tornatta: There could be a city-county division in that area.

Antionetta Carter: Yeah, right there. Okay.

President Tornatta: Where you live.

Antionetta Carter: Yes.

President Tornatta: And, because of the city having sanitary sewers, that’s their jurisdiction.

Antionetta Carter: Okay.

President Tornatta: So, that doesn’t necessarily deal with the county.

Antionetta Carter: Okay, I understand.

President Tornatta: So, not to–

Antionetta Carter: I understand, so, not cover it all.

Commissioner Nix: Point well taken though, really.

President Tornatta: I’m not saying that.

Antionetta Carter: Huh?

Commissioner Nix: Point well taken though. I mean, it’s–

President Tornatta: It is, I just want you to know that you are going to have a better audience–

Antionetta Carter: Okay.

President Tornatta: –in possibly City Council or dealing with the Mayor.

Antionetta Carter: Okay, that’s true.

President Tornatta: Okay?

Antionetta Carter: Okay, well, I apologize–

President Tornatta: That’s okay.

Antionetta Carter: – for taking up your valuable time.

President Tornatta: No, that’s okay.

Antionetta Carter: I want to wish you all a happy holiday.

Commissioner Nix: Thank you.

Antionetta Carter: Now that I know–

President Tornatta: But, don’t be afraid to ask questions, especially when you go down to the Assessor’s office, the Auditor’s office, the Recorder’s office, ask them those, not the questions on the sewage and drainage–

Antionetta Carter: Uh-huh.

President Tornatta: –but any questions you have about your house, you need to ask them those specific questions. Don’t feel like there’s a stupid question out there–

Antionetta Carter: Yeah.

President Tornatta: –because it might be something that’s going to help solve your problem, and I’m sure they’ve been asked many times before, and it might be old hat for them, but if you’re going to find out the information you need, you need to be able to ask any question, and that’s what they’re there for.

Antionetta Carter: Okay, then. Okay, well, thank you so, so much, and everybody have a safe and happy holiday.

Commissioner Nix: Thank you.

Antionetta Carter: I’m sorry that I didn’t get more involved before you guys are all leaving.

Commissioner Nix: The door, I’m sure, will always be open.

President Tornatta: It will be.

Antionetta Carter: God bless.

Commissioner Nix: Thank you.

President Tornatta: Okay, thank you.

Commissioner Korb: I move for adjournment.

Commissioner Nix: Second.

President Tornatta: So ordered. Thanks guys.

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

Those in Attendance:

Troy Tornatta                            Bill Nix                                      Jeff Korb

Bill Jeffers                                 Ted C. Ziemer, Jr.          Madelyn Grayson

Paul Bitz                                   Antionetta Carter                      Others Unidentified

Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Troy Tornatta, President

(Not in office when approved.)

Bill Nix, Vice President

 (Not in office when approved.)

Jeff Korb, Member

(Recorded and transcribed by Madelyn Grayson.)