VANDERBURGH COUNTY

DRAINAGE BOARD

FEBRUARY 13, 2007

The Vanderburgh County Drainage Board met in session this 13^th day of February, 2007 at 4:30 p.m. in room 301 of the Civic Center Complex with President Bill Nix presiding.

President Nix: Good afternoon. I would like to call to order the Vanderburgh County Drainage Board, Tuesday, February 13, 2007 at 4:30.

President Nix: I will entertain a motion to approve minutes of the previous meeting.

Commissioner Musgrave: So moved.

Commissioner Tornatta: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Mr. Jeffers, good afternoon.

Bill Jeffers: Good afternoon, President Nix, Vice President Tornatta, and Ms. Musgrave, Commissioner Musgrave, afternoon. We’re continuing, at this time, the hearing of the Tom Dowd petition that you heard at our last meeting, and decided to continue it to this meeting for the purpose of, hopefully, reaching a resolution between the petitioner and the respondents. But, first, I would ask, did everyone receive a letter mailed to you by Mr. Dowd? The greetings were Mr. Mason and Mr. Feldmann, so, apparently it was written to those two gentlemen. I was asked, since it was sent to our office and to your office that we enter that into the record.

Commissioner Musgrave: Do we need a motion for that?

President Nix: I will entertain a motion.

Bill Jeffers: Yeah.

Commissioner Tornatta: So moved.

Commissioner Musgrave: Second.

President Nix: All in favor?

All Commissioners: Aye.

Bill Jeffers: If anybody needs to know the content of it, it is in the record. If there’s anyone on the board that wants to touch on any of those items in the letter, we can do so. Also, today, in the packet that I put on your desk, today at about 3:50 p.m. Mr. Thomas Dowd handed me this document, with my handwriting at the top stating the time at which I received it, and rather than read that into the record, I would ask that you enter it into the record, and I will then read my summary of it.

Commissioner Tornatta: So moved.

Commissioner Musgrave: Second.

President Nix: All in favor?

All Commissioners: Aye.

Bill Jeffers: If anyone would like to read the message from Mr. Dowd verbatim, it is in the record of this meeting. My summary of it, it was entitled, “Agreement on key points from the January 28, 2007 meeting”, which, I assume refers to the Drainage Board hearing. These are, apparently, key points on which the petitioner and the remonstrator, excuse me, the petitioner and the respondents have agreed, according to Mr. Dowd. The standing water on the petitioners land is caused by the fill material, an adequate watercourse should be created to facilitate better drainage of the petitioner’s lands, the new watercourse will prevent chronic standing water on the petitioner’s lands, the watercourse must be excavated on the respondent’s lands, the work to restore or replace the channel must be done at the expense of the respondents. Then, there was no time line for the completion of the project that everyone seemed to agree on. There was some suggested time lines, but I did not see evidence of agreement on that. Then, there were some points that appear to be outside the jurisdiction of this hearing and this board. That would be that some material has migrated from the fill and into a sewer easement, and the petitioner represents that that should be removed. I would say only if it obstructs drainage, but that’s why I say it may be extraneous to this hearing. That standing, dead trees should be felled to prevent damage to the above ground sanitary sewer line. Again, we acknowledge there are standing, dead trees that may have been the result of chronic, standing water. That was touched on in the hearing, however, their removal and disposal and their relationship to a sanitary sewer line is outside the parameters of this hearing, in my opinion. There was a note in there, indemnification of the respondents for work they may perform on the petitioner’s land, or indemnification of the petitioner. Insurance agreements, so forth, who insures the workman, if they’re not working for me, if they’re not working for you. Okay? Then there was some mention of legal considerations between the landowners regarding signed documents that are not necessarily pertinent to this statute that we operate under.

All that is what I distilled from this page quickly. There may be some other fine points I’m overlooking. So, at this point in your hearing, I think you probably want to hear from the petitioners and the respondents as to what they have agreed on, is that correct?

President Nix: That is correct.

Bill Jeffers: And they’re here to tell you.

President Nix: Just, someone step forward please. If you would, state your name and address for the record.

Thomas Dowd: Sure, Thomas Dowd, 2755 Wayside Drive. We do have an agreement, as I understand it. We met on a very cold morning, Sunday morning on January 28^th. I don’t know if there will be an backyard barbecues or anything soon, but we did have an agreement, we all shook hands on it at the end. It’s my understanding that the agreement was this. We all agreed that the stagnant water was caused by the dumping, and that a trench, ditch, watercourse, whatever you want to call it, of adequate length and of adequate depth and width to allow the drainage of such must be dug along the side of the fill to allow the water to flow towards the creek, meaning Pigeon Creek. The trench should be similar in width and depth to the natural surface watercourse leading up to the stagnant water. Then the watercourse on the east side of the fill that leads away, again towards Pigeon creek. When the standing water can flow to the point where it does not sit 365 days a year, as it does now, the project would be satisfactory. It is understood that some water may pool in low areas of the ditch for several days after a rain or wet period, but, again the water shouldn’t be there year round. In other words, stagnant water. The ditch is to be dug on the property side of Mr. Mason, Mr. Feldmann. The dumping has entered the sewer easement, which is 15 foot, again, this is an above ground sewer line here, which would have to be worked on from time to time. So, it would need to be pulled back with a backhoe or other piece of heavy machinery. So, it makes sense to do the work on their side of the above ground sewer pipe while performing this work to get the ground away from the sewer easement. The work is to be done at the expense of Mr. Mason and Mr. Feldmann. The trees on my property, which are standing in the water, were most certainly killed by the stagnant water. They represent a threat to the above ground sewer line and must be felled. Mr. Feldmann agreed to cut down the trees. I said that I wanted to be present when they were taken down. I’ll help with the cutting up of the trees, after they are on the ground. So, in other words, sawing up the tree into logs and what not. The logs can remain in the woods to decompose. Mr. Feldmann agreed to sign a simple waiver for any injuries that he might incur while on my property, and I would ask that Mr. Mason do the same if he enters my property. It’s my sincere hope that no one is injured at any point during this task. We did not agree on the time line. I said I’m willing to give it some time, but I would hope that all work could be done by the end of 2007. I think that would be pretty reasonable. I offered to write down the things that we agreed to so that we could sign it and date it. Mr. Feldmann seemed willing, Mr. Mason declined. He didn’t want to sign anything. In the end, we all shook hands on these points, and we understood that these points would be recorded in the minutes of the Drainage Board meeting of today anyway. So, we didn’t really see any reason to write it down and sign it. Any questions?

President Nix: I have none.

Thomas Dowd: Okay.

President Nix: Thank you, Mr. Dowd.

Thomas Dowd: Thank you.

President Nix: Mr. Mason or Mr. Feldmann?

Gary Feldmann: Good afternoon. Pretty much what Mr. Dowd–

President Nix: Can you state your name and address?

Gary Feldmann: Gary Feldmann.

President Nix: And your address, for the record?

Gary Feldmann: 2621 Glenn Avenue.

President Nix: Thank you.

Gary Feldmann: Pretty much what Mr. Dowd said is what happened.

President Nix: Okay.

Gary Feldmann: I mean, we’re pretty much in agreement. He even agreed, I will say this, so, I guess, it’s in the minutes too, he said 2007, but, you know, I don’t see a problem with it, but, you know, anything can happen. You know, if the water comes up and stays up for a month or something like that, that’s going to hinder us with any progress of doing it. But, I don’t really see a problem with it happening within the end of this year. I think that he’s the type of person that if something did happen, he seems to be a pretty reasonable guy.

President Nix: Questions?

Commissioner Tornatta: I would say that if you have any issues coming up, you know, within maybe 60 days out, you just come to this board, or maybe make an attempt–

Gary Feldmann: Meet him.

Commissioner Tornatta: –to talk with the petitioner, and then get that in some written notice to us to let us know what the outcome’s going to be. Then once you complete the project, if you’ll do the same.

Gary Feldmann: Get a hold of you?

Commissioner Tornatta: That would be great.

Gary Feldmann: Okay.

President Nix: Thank you.

Gary Feldmann: Is that it? Alright, thank you.

Gary Mason: Hi, Gary Mason, 2701 Glenn Avenue. I agree that there’s water back there and it’s as much on my property as anybody else’s and want to get it off. So, I’m going to do what I can to get it off. I want to thank you all for your patience and insight in getting us together so we discussed it.

President Nix: Thank you very much.

Gary Mason: Thank you for everything.

President Nix: Any questions? Thanks.

Gary Mason: Okay, thank you.

Commissioner Musgrave: I would like the Surveyor to put this on the November agenda to let us know the status of it. Hopefully, what you’ll say is that it’s all done.

Bill Jeffers: That would be wonderful.

Commissioner Musgrave: Okay.

Bill Jeffers: I will do that.

Commissioner Musgrave: Thank you.

President Nix: Let me just say, I appreciate the two parties coming together and getting this worked out. This is the way things should be done. I mean, this is why we have these meetings, and also, Mr. Jeffers’ participation in this to come to an agreement that maybe not everybody’s happy with, but something that will work and we’ll get this resolved. Once again, thank you all and thank Mr. Jeffers for his time and effort on this.

Bill Jeffers: I think it’s great that the board was able to handle it in this manner, and that their legal counsel, Mr. Ziemer, Ted Ziemer, was able to nudge it in this direction. I think it works a lot better this way than to come down with a heavy hand.

President Nix: Mr. Jeffers, do you have any other business to bring in front of the board?

Bill Jeffers: We do have a gentleman here, Mr. Day, from out off of Broadway and Speaker Road, in that neighborhood, who has a drainage issue he would like to bring to your attention, at this time.

President Nix: Good afternoon.

Donald Day: Good afternoon.

President Nix: Please say your name and address for the record please.

Donald Day: Donald Day, 2601 Skyline Drive.

President Nix: Thank you.

Donald Day: Last fall we had a two inch downpour, and I know we can’t control Mother Nature, but it was the first that I recognized it, because I came over the hill to leave home, and Speaker Road was flooded 100 feet south of Broadway, which was going into the two homes at the intersection of Broadway and Speaker. Then we had to sit for about 45 minutes, I was about fourth in line, to leave, before the water went down low enough to where the people would let us out. There was no police or any barricade put up, it was the people standing there keeping the cars from driving through the water, because the wake would go in the house. Broadway also was full. The reason why I’m here today is this is the first opportunity that I’ve had to come down here to talk to you about it. Which, I, as of yesterday when I started calling around and got hold of everybody, I didn’t realize I was going to open up a can of worms. That this is an on-going thing that everybody is aware of. So, I guess, right now, the main thing I would like to ask for your assistance on, is any new development in the area of Pearl Drive or any of the hills out there as far as covering up ground cover, making it asphalt or anything like that, that a strong consideration be about the drainage. Because, yesterday when I looked in....the creek that I’m talking about is the one behind Johnson’s Lane. Yesterday when I went down there to look at it, because they had mentioned was there any cloggage or anything like that. And, I went down there and it was about four foot down from the top. This afternoon when I left at 1:00, we’ve had less than nine tenths of an inch of rain, as of 1:00 this afternoon, according to my rain gauge, and the creek was full. It was only a couple of inches down from the top from coming out of its bank, the water. Now, this bank floods Daniel Wertz’s back parking lot, soccer field. I’ve noticed for a long time that water stands back there, constantly, year round on that lower part of the field that’s on Daniel Wertz property. If there’s some way, shape or form that we can get the city to do something in that area to help alleviate something, when we have these larger rain spells this year, somebody’s going to be in trouble. There’s going to be some houses flooding. Plus, the fire department gets flooded out. Last fall there’s no way that the volunteer firemen can drive into their station without going through two, three foot of water to get to the fire truck. So, the main thing is, my concern is when we have these downpours it’s usually during a thunderstorm and if they’re needed, we’re going to have a long delay for them to walk back, wade through the water to get to their fire truck to get it out. That’s all I have.

Commissioner Tornatta: We talked yesterday--

Donald Day: Right.

Commissioner Tornatta: –and I think that Mr. Jeffers might be able to give us a little indication on Johnson Lane at Broadway, what that culvert looks like, and, you know, what type of repairs, but we have done a study of Carpentier Creek and that is one of the points that we’ve addressed.

Donald Day: Right, when I was on the volunteer fire department back in the 70's, we had a floor drain that drained into that creek back there. That was before sewers come in. Now that, back then that floor drain was a good six foot from the bottom of the creek. Now yesterday water was standing in it, I can’t say how low the bottom was, but the water level was only two foot down from that floor drain, where it empties out into there. Today, like I say, this afternoon when I come in, I was shocked to see how much it was full. The other drainage areas that run under Speaker Road, they were about 18 inches to two foot below their banks, along with the ones coming from Middle Mt. Vernon. But, that’s just a valley, and there’s a lot of hills around there that feed into that. So, that’s....because, Carpentier Creek doesn’t help us out anything down there. Where it goes down Union Township, I guess, and meets up or something like that, it might. But, we also catch city sewer water in there. Because that night last fall the sewer at Broadway and Red Bank popped its lid and water was running across the street into a ditch, down into the Johnson Lane ditch. So, that’s the main thoroughfare for a lot of that water from Pearl Drive, Middle Mt. Vernon, Outer Broadway before you get up over the top of the hill. That’s a main concern, and somebody needs to look at it, because if eight tenths of an inch or an inch of rain fills that ditch up, when we get our gully washers this summer, somebody’s going to be in trouble. There’s going to be some flooded houses. I thank you.

President Nix: Thank you.

Bill Jeffers: Yes, I spoke with Mr. Day yesterday on the telephone for quite a while, and suggested he call the County Commissioners and ask to be put on your agenda either in the Commissioner meeting or in this meeting. I’m glad to see that the response was positive to that. With regard to his comment that county officials have known about this situation for a good deal of time, yes, indeed. In the early to mid 80's there were some problems just east of Johnson Lane in front of the Sunoco station, which is now the fire station to which he refers. The volunteer fire station was a Sunoco station at that time. I was asked by the County Commissioners, and I don’t even think I was Chief Deputy yet, I think I was still an Instrument Man or Party Chief, something, running the survey crew, to go out there and look at that and find out whether it was in county right-of-way or city right-of-way. It’s actually inside the City of Evansville, but, as you know, the County Commissioners are in charge of culverts, road culverts and so forth under the Bridge Fund. So, I went out there and crawled through that culvert, and it was a homemade box structure made of timbers and concrete blocks and what have you, just kind of, fairly well put together when you consider it’s still there 20 years later, but ramshackle and undersized and not constructed according to any engineered design. Okay, that comes down and empties into this creek that Mr. Day is talking about, and it carries the branch of the creek that drains his neighborhood up there by Speaker Road, and brings it down to the main branch, which comes through, drains everything from Pearl Drive. He was talking about all that new hard surface up there at those shopping centers around Wal-Mart, excuse me, yeah, Wal-Mart, Lowe’s, all that, drains down through this main creek, comes through Kuester Field and under a county bridge that was built by the state in 1927, when that was a state road out to Mt. Vernon. So, these are all old, in need of repair, and when I spoke with your County Engineer, John Stoll, yesterday, or it might have been this morning, he confirmed that your consultant is reviewing that particular bridge in the new bridge inventory, and will probably have a recommendation for the repair or reconstruction of that bridge for you by the end of the year. When you do it, of course, would be on your schedule. Now, I’m talking about the bridge under the city road, not the structure that runs in front of the homemade structure in front of Sunoco. But, they all come together at this one point, and at that point it’s just a mess. So, yes, we’ve known about it for some time. Mr. Day says, or is there any questions on that point?

President Nix: Just curious, are there considerations taken when this bridge is being designed for flows of water, hydraulic consideration at all? Is that part of the equation? Mr. Stoll would probably have to answer that.

Bill Jeffers: He probably will have to answer that in more detail than I, but, yes, whenever they build a new bridge it’s always a consideration, the hydraulic capacity is always a consideration. There is data available from a study to–

President Nix: Let me just ask it a little different way. Will this improve the situation in your estimate?

John Stoll: Like Mr. Jeffers said, the homemade structure is off the right-of-way. There are legal issues that we have to get resolved with the County Attorney as far as how to approach this. So, if the size could be increased underneath Johnson Lane, yes, it would improve. But, given the fact that everything, the culvert under Johnson is tied to the homemade culvert in front of this old Sunoco station, which in turn is connected to the county’s bridge under Broadway Avenue. It’s, there’s no record of any plans, there’s no record that shows who actually made these alterations. It’s collapsing right now out in front of the Sunoco station. So, it’s an issue that’s going to have to be dealt with. It’s just unknown as far as how big we can make the structure given the fact that downstream is off public right-of-way.

President Nix: Okay.

Bill Jeffers: I would like to point out that when we did make our report to the County Commissioners back around ‘84 or ‘85, whenever it was, it was noted that that structure was off the right-of-way, and that’s why it was never pursued with county funds. With regard to lesser rains now causing increased flooding downstream, I imagine there is some truth to that. I don’t doubt Mr. Day’s word on that. We do know that, and Daniel Wertz soccer field being flooded, we do know that when Daniel Wertz school was being constructed back in the mid, early or mid ‘80's, that the city acquired right-of-way for this ditch, or this creek that runs through there along the back side of Daniel Wertz and the creek to which Mr. Day refers as being bank full today, and spilling out into the soccer field. The city acquired right-of-way and went in there and excavated that ditch from Broadway all the way down to Nolan Avenue, which is the county line. That was done by the city in the early or mid ‘80's. It hasn’t been cleaned out since, and there is substantial sediment accumulation in that ditch. We have, we do know about that from complaints we’ve had from property owners on Johnson Lane. We also know about it from an American Consulting Engineer study that was done, what, four years ago or so? That particular study has actually evaluated this entire creek from Bayou Creek, down in the county, all the way up through the city, and then back into the county, and up Middle Mt. Vernon Road, and up to Pearl Drive. So, that entire stretch of creek has been studied, and there are specific recommendations by American Consulting Engineers, but, as you probably know from having read that report, and it’s on file in Mr. Stoll’s office, that those recommendations, to effect those recommendations is an expensive proposition, and it’s not a legal drain, there is no money available in your budget. I don’t know that there’s any money available in the city’s budget at this time. We’ve been referred to federal money, like from the Corp of Engineers and so forth, but that doesn’t seem to be forthcoming. So, really it’s an issue of where’s the money?

Commissioner Tornatta: Mr. Jeffers, from what I’m able to understand, even if we went through and spent the $13 or $14 million that it would take to work on all these recommendations, if the river rises, you’re back to being flooded out.

Bill Jeffers: If the river rises to the type of elevations that it historically rises to, then you would have all that tail water sitting out there in this flood plain, and then if it rains today, with the ground saturated as it is today, and the sub-ground, you know, with the sub-soil frozen and nowhere for the water to absorb into, yes, you’re in one heck of a fix.

Commissioner Tornatta: Right, and–

Bill Jeffers: Regardless of how much money you spend. That was an issue that I pointed out in, not in great detail, here nor to Mr. Day, but, with all these new hard surfaces, yes, there’s additional runoff. We have detention facilities up there that catch that runoff, but once those detention facilities are bank full, after extended rainfall, and the ground is all frozen and wet, then every drop of rain that hits any surface up there is coming right down this valley.

Commissioner Tornatta: And the only way to prohibit the water coming back is to extend the height of the levee, and here again that’s another–

Bill Jeffers: That’s a Corp of Engineers issue. They would have to extend the levee, put in their pump stations and their check gates and all that type of thing, that’s correct.

Commissioner Tornatta: So, let me make a recommendation. You normally do that, but, I would like to recommend that this board look at working with Mr. Jeffers and Mr. Stoll on addressing the problem, first, at Johnson’s Lane and Broadway, and then from there we can bring back to the board what we found, and potentially come up with a remedy.

President Nix: Is that a motion?

Commissioner Tornatta: That’s a motion.

Commissioner Musgrave: I’ll second it, but I want to know how you feel about that?

Bill Jeffers: I feel that there’s plenty of information in the American Consulting Engineers study for us to glean good information from and bring it to you. I think, also Mr. Stoll can reinforce this, whether it’s true or not, he can tell you. No, I mean, he can you whether it’s true or isn’t true, but, it’s my belief that the bridge inventory that you’re conducting right now will also come up with information that we can use at that location. I’m not familiar with what’s going on there. So, Mr. Stoll would have to confirm.

President Nix: Okay.

Commissioner Musgrave: When did you want him to report on this?

Commissioner Tornatta: Well, what my thought is in the next few weeks, possibly, we’re going to get the Beam Longest report on the bridges, or is that possibly a little longer?

John Stoll: The last time I checked with them they said it was going to be about two or three weeks. So, I would suspect by the middle of March we should have at least the draft.

Commissioner Tornatta: Right.

John Stoll: So we should be able to get something scheduled.

Commissioner Tornatta: So, sometime potentially next month we will have, been able to evaluate that piece of information, look at the American Consulting and Engineering information that they have had out for the past few months, which that intersection has a monetary figure attached to it, but we’ll have to go with the bridge report and then kind of bring it all back.

John Stoll: I didn’t budget any money for replacement of the structures under Johnson and Broadway for 2007. So, depending on what Beam Longest and Neff recommends, it still might have to wait until ‘08, because we just won’t have the money available this year.

President Nix: Okay. The motion has been made and seconded. All in favor?

All Commissioners: Aye.

President Nix: Opposed?

Bill Jeffers: I would just say that John Stoll’s workload that you have–

Commissioner Musgrave: It’s all my fault.

Bill Jeffers: –that is all your fault, is such that I would think that I should pick this up and bring it back to you. I mean, I will, obviously, go to John for the information, but, I think that I probably have more spare time to work on this than John does at this time. As you know.

President Nix: Thank you very much, Mr. Jeffers. Do you have any other business?

Bill Jeffers: No, sir.

President Nix: Now, is the time of the meeting for public comment to this board pertaining to issues from the board. If not, I will entertain a motion to adjourn. Wait, wait, I’m sorry. We’ve got one here. You’ve got to be quicker there.

Commissioner Musgrave: While he’s coming up I will note that the other evening I was responding to some e-mails, and I responded to John, I mean, to Mr. Jeffers, and it was like 6:30 or 7:00 and low and behold both he and Mr. Stoll are responding to me. So, I don’t think either one of them knows the meaning of the words free time.

Lee McClellan: My name is Lee McClellan. I’m with Morley and Associates, 230 Second Street, Suite 500, Henderson, Kentucky, 42420. I’m here on behalf of our client, Chambers Properties, LLC. They have developed a 15 unit town home project at the southwest corner of Green River Road and Hightower Drive, in the Keystone Subdivision, just south of the Keystone Development, single family homes. We took the project to both sub review and site review, site review was on the 5^th of February of ‘07. We have submitted the SWP3, the storm water pollution prevention plan to Mr. Mike Wathen, the county’s erosion and soil conservation specialist. He has approved it. We have sent the notice of intent to IDEM. What I’m respectfully requesting is that the board approve these drainage plans, which will allow Mr. Jeffers to then sign off at the site review approval process, and also with the Building Commissioner so that Mr. Chambers can go ahead and pull his permits and begin his project. While Bill is showing you those plans, for your information, you do have a road widening plan of Green River Road on that section of Green River, and also raising of the bridge on Pigeon Creek. As you can see on that plan there is a shaded area on our east side of the project, that corresponds to the right-of-way taking that will be necessary for the development of your Green River Road plans. So, we have received those plans from Mr. Stoll, and that is the best location that we can define at this point, because the right-of-way has not actually been purchased. Are there any questions that I can answer to the board?

President Nix: I guess, this may need to come from Mr. Stoll, but if the right-of-way exceeds these limits, are we still okay?

John Stoll: The right-of-way should not exceed that. I’ve asked DLZ to go back and take a look at it to see if we can reduce it.

President Nix: Okay, but you’re comfortable that what’s here right now is–

John Stoll: Right, they didn’t put any new construction within the right-of-way the county has to acquire.

President Nix: Okay.

John Stoll: So, from that perspective it’s okay. Ideally, if the right-of-way already existed in advance of their project, it would be better, but, we’re just not in a position where the right-of-way’s been secured as of yet. There are some storm sewer alignment issues that I’ve asked DLZ to take a look at in hopes of being able to pull that right-of-way further away from the end of that cul-de-sac, but that hasn’t been determined as of yet.

President Nix: Okay. Mr. Jeffers, have you had a chance to review these drawings?

Bill Jeffers: Mike Wathen has already reviewed those?

John Stoll: Yes.

Bill Jeffers: Yes, I was waiting for Mike Wathen to finish his review of the storm water pollution prevention plan, which he has, and for John Stoll to talk to them about the right-of-way for your new road. Yes, I have reviewed these a couple of weeks ago. They have been through all the rest of the process, the sub review and so forth, as described. And, the plans comport with the drainage ordinance for the county, and the County Surveyor recommends approval of the final drainage plans for Keystone Town Homes at Green River.

Commissioner Musgrave: Motion to adopt the Surveyor’s recommendation.

Commissioner Tornatta: Second.

President Nix: All in favor?

All Commissioners: Aye.

Bill Jeffers: Thank you.

President Nix: Is there any other business to come before this board? If not, I will entertain a motion to adjourn.

Commissioner Tornatta: So moved.

Commissioner Musgrave: Second.

President Nix: All in favor?

All Commissioners: Aye.

(The meeting was adjourned at 5:04 p.m.)

Those in Attendance:

Bill Nix                                      Troy Tornatta                            Cheryl Musgrave

Bill Jeffers                                 Ted C. Ziemer, Jr.          Madelyn Grayson

Thomas Dowd                          Gary Feldmann                         Gary Mason

John Stoll                                  Lee McClellan                           Donald Day

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Bill Nix, President

Troy Tornatta, Vice President

Cheryl A.W. Musgrave, President

(Recorded and transcribed by Madelyn Grayson.)