Vanderburgh County
Drainage Board
February 28, 2000
 
The Vanderburgh County Drainage Board
was called to order at 7:32 p.m.
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Any group or individual wishing
to address the Drainage Board
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Commissioner Jerrel: I'd like to call
the Vanderburgh County Drainage Board to order. We have a few people out
of the room right now, but before we begin with the regular business under
agenda item eight, anyone that wishes to appear before the Board if you
would like to come up now we'll...not that you wouldn't enjoy hearing all
this, but I'll save you.
Paul Rust: Thank you.
Commissioner Jerrel: You're welcome.
Would you give us your name and state your business?
Paul Rust: Yeah, my name is Paul Rust.
I reside at 12247 Browning Road. There is an obstruction across the...on
the west side of the road, I'm on the east side, that has been put in place
causing excess flood waters to come across the road and through, as I understand
it, a drainage ditch that was not put in by the county prior to my purchasing
the property. I would like to petition the Drainage Board to have that
obstruction removed and I really don't know what else I've got to do, but
I am here to do it.
Commissioner Jerrel: Okay, well the
gentleman that...see, I drum up business for him when he leaves the room.
This is our County Attorney and there is a process to file a petition to
remove an obstruction. If you would just like to take a minute he can...would
you like to just explain to him briefly the process so that he can...officially
he is asking for relief.
Joe Harrison, Jr.: Yeah, what we can
do is I don't know if we have a form that, I think we do-
Bill Jeffers: Did I mail you one?
Did I give you a form, Mr. Rust?
Paul Rust: You mailed a-
Bill Jeffers: An explanation.
Paul Rust: Yeah, an explanation.
Bill Jeffers: We don't have a form.
Joe Harrison, Jr.: We don't have a
form? There is a procedure to file a petition for the removal of an obstruction
that is affecting a watercourse, natural watercourse, or a drain. I'm assuming
whatever your problem is has to do with one of those two situations. There
is a filing fee of $100. I can mail you a copy of the statute.
Paul Rust: I have the statute.
Joe Harrison, Jr.: Okay. Well, what
you may want to do is simply set forth the circumstances-
Paul Rust: I have that.
Joe Harrison, Jr.: Oh, you do?
Paul Rust: Yeah, I was forearmed-
Bill Jeffers: I think that package
has an example in it that Ms. Gamble used, didn't it?
Paul Rust: No, no there was no-
Joe Harrison, Jr.: Well, have you
already prepared a petition?
Paul Rust: Yes, in my own words and
that, yes. Trying to follow the ordinance.
Joe Harrison, Jr.: That's fine. And
have you attempted to resolve the matter?
Paul Rust: Twice.
Joe Harrison, Jr.: Okay. And you've
made reference to that in your petition?
Paul Rust: Yes.
Joe Harrison, Jr.: Okay. Well, I guess
at this time what the board will do is they can accept your petition and
Mr. Jeffers, the Chief Deputy Surveyor in the Surveyor's Office...I'm assuming
you haven't seen it yet?
Bill Jeffers: No, I haven't but as
soon as you-
Joe Harrison, Jr.: Accept it then-
Bill Jeffers: -accept it then you
tell me to go look.
Joe Harrison, Jr.: Yes, he will go
out within the next 30 days go out and review the situation and come back
and make a report to the board and request that a hearing be set probably
the following month, if I had to guess. I think you have either 60 or 90
days from the filing of the petition-
Paul Rust: Ninety.
Joe Harrison, Jr.: Ninety, to actually
have the hearing, so when he comes back and reports to us at the end of
March he will then request this board to hold a hearing, not on that day,
but the following month or the following month after that because this
board will have to send out notice to those that are affected and we'll
do that by certified mail and advise them as to when the hearing will be.
Paul Rust: Okay.
Joe Harrison, Jr.: So if you want
to actually present that to Mrs. Jerrel.
Paul Rust: Yeah, who do I make the
check out to? That's what I wasn't sure of.
Joe Harrison, Jr.: Oh, just Vanderburgh
County.
Commissioner Jerrel: Vanderburgh County.
Joe Harrison, Jr.: And you've got
your phone number and address and everything on there?
Paul Rust: Yes. Yeah, on the check
I do, but I don't have my phone number on the petition.
Joe Harrison, Jr.: Okay, why don't
you...you might want to write it on there.
Commissioner Jerrel: Well, or we can
just make a copy of the check and attach it.
Joe Harrison, Jr.: That's fine. Mr.
Jeffers may want to contact him before he goes out and visits.
Paul Rust: Thank you.
Commissioner Jerrel: You're welcome.
Okay, we officially accept this petition and we'll take action in March.
Paul Rust: Okay, thank you very much.
Joe Harrison, Jr.: Yeah, Mr. Jeffers
will make a report to us in March.
Paul Rust: Thank you. I'm finished
now, right?
Joe Harrison, Jr.: Yes.
Paul Rust: Thank you very much.
Joe Harrison, Jr.: I believe the next
meeting is the last Monday in March.
Bill Jeffers: I'm going to ask that
it be April 3rd tonight.
Joe Harrison, Jr.: Okay. So April
3rd at approximately 6:30 p.m. is when he would make his report
and then thereafter notices will be sent out and a hearing set.
Paul Rust: Thank you very much.
Commissioner Jerrel: You're welcome.
Thank you.
Commissioner Jerrel: Okay, going to
the regular agenda order the first item is the approval of the minutes
of the previous meeting.
Commissioner Tuley: I will move approval
of the January meeting minutes.
Commissioner Jerrel: I'll second and
say so ordered.
Approve specifications for
annual ditch maintenance
Cancel and reschedule March meeting
Authorization to advertise bid
invitations
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Commissioner Jerrel: Mr. Jeffers,
you want to walk us through or do you want us to proceed?
Bill Jeffers: Well, the second item
is for you to receive the County Surveyor's report, the annual report on
regulated drains. The report summarizes the condition of Vanderburgh County's
regulated drains and proposes special maintenance to correct certain deficiencies.
The general specifications are attached. Actually, here is a copy that
I brought.
Commissioner Jerrel: Thank you.
Bill Jeffers: The general specifications
along with an invitation to bidders for the ditch maintenance proposal's
special provisions section addressing the special conditions to be completed
will be available Friday, March 10th, on the date of the first
advertising. What we're asking for is that the invitations be advertised
three times rather than twice. The first time Friday, March 10th;
the second time Friday, March 17th; and the third time Friday,
March 24th in order to maximize the response to the bids. We're
asking that the bids be opened and read at a meeting scheduled on Monday,
April 3, 2000 rather than the usual schedule being the fourth Monday of
March. The reason we're asking for April 3rd, this will allow
our office and the prospective bidders more time to visit the work sites
and estimate the costs. We're asking that the normal meeting date, Monday,
March 27th be postponed and continued to Monday, April 3rd,
also for drainage plan review, plan approval and all the other business
of the board as well. The advertisement to bidders that I hold here does
contain the Monday, April 3rd meeting date for the advertisement
and we ask that the board direct its Recording Secretary to prepare a public
notification that all other business will be handled at the same meeting.
If you would indulge us in that we would appreciate it.
Commissioner Jerrel: Okay, well we've
got three or four motions here.
Joe Harrison, Jr.: Why don't you start
with the meeting.
Commissioner Jerrel: We do need a
motion to cancel the meeting.
Joe Harrison, Jr.: Yes, for March
27th.
Commissioner Tuley: I'll move at this
time then the meeting of Monday, March 27th be postponed and
continued to Monday, April 3, 2000 for drainage plan review, plan approval
and all other business of board as well.
Commissioner Jerrel: And I'll second
and say so ordered.
Joe Harrison, Jr.: And you need a
motion to direct Charlene to cancel the meeting on March 27th
and advertise for a meeting...the regular scheduled meeting will be held
on April 3rd.
Commissioner Tuley: Such a nice motion,
I will move for its approval.
Commissioner Jerrel: I'll second and
say so ordered.
Bill Jeffers: Thank you. And then
that is the original copy for your signature there on the advertisement
to bid.
Joe Harrison, Jr.: Yeah, you probably
want to have a separate motion for the advertisement of the bids.
Commissioner Tuley: I'll move approval
of the advertisement to bid as of Friday March 10th, Friday
March 17th and Friday March 24th to maximize the
bid response as requested by the County Surveyor's Office.
Joe Harrison, Jr.: With opening on
April 3rd.
Commissioner Tuley: With opening on
April 3rd.
Commissioner Jerrel: And I'll second
and say so ordered.
Bill Jeffers: Thank you.
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Church Road Estates - Final
drainage plan
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Bill Jeffers: The third item...third
category of items is final drainage plans and the first final drainage
plan for your consideration is Church Road Estates. I would ask at this
time if there are any comments or questions from the audience or from the
board prior to the Surveyor's recommendation on Church Road Estates? If
not, the County Surveyor recommends approval of the final drainage plan
for Church Road Estates with the understanding that any modifications to
the final drainage...excuse me, any modifications per the County Engineer
to the final street plans be incorporated into the final drainage plan
as well.
Commissioner Jerrel: Is there anyone
here that wishes to speak to those plans? If not, is there a motion regarding
the final plan?
Commissioner Tuley: I'll move approval
of the final drainage plans for Church Road Estates as outlined by the
County Surveyor.
Commissioner Jerrel: And I'll second
and say so ordered.
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Autumn Hills Section 5 - Final
drainage plan
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Bill Jeffers: The second set of plans
is for Autumn Hills Section 5. Again, we will recommend approval of the
final drainage plans for Autumn Hills 5 with the understanding that if
the County Engineer requires any modifications to the street plans those
modifications will be incorporated into the final drainage plans and asking
if there are any comments or questions from the audience or the board?
Commissioner Jerrel: Anyone wish to
speak? Seeing no one, is there a motion?
Commissioner Tuley: I'll move approval
of the final drainage plans for Autumn Hills Number 5 as outlined by the
Deputy Surveyor.
Commissioner Jerrel: And I'll second
and say so ordered.
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Waterford Place Lot 9D - Final
drainage plan
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Bill Jeffers: The third set of plans
is from Waterford Place Lot 9D. This is on Vogel Road. The site plan for
9D is in front of the Site Review Committee at this time. The proposed
use is Hook's Apothecary. The site plans shows privately maintained entrance
road along the west lot line. The right-of-entry for Stofleth Ditch has
already been relaxed by the board to 50 feet from the top of the east bank
along that lot line to allow the construction. The site plan under consideration
by the Area Plan Commission Site Review Committee shows no permanent structures
within the 50 foot wide remaining ditch easement at this time. The County
Surveyor has reviewed all the drainage plans for this lot and recommends
approval of the final drainage plan for Waterford Place Lot 9D. The board
should understand that additional construction might be proposed in the
future for this lot and at that time will take care of any modifications
and that we do reserve the right for the board and the County Surveyor
and all authorized representatives to enter through the private entrance
road on Lot 9D whenever necessary to visit or maintain Stofleth Ditch.
The developer agrees to that.
Commissioner Jerrel: Is there anyone
here that wishes to speak to this plan? Seeing none, is there-
Commissioner Tuley: I don't know what
happened. We usually get a lot of people in these meetings, but I'm glad
they're not here.
Bill Jeffers: We try to take care
of all that before the meetings now. It's a new century.
Commissioner Tuley: Keep it up. At
this time I'll move for approval of the final drainage plans for Waterford
Place Lot 9D as outlined by the Deputy Surveyor.
Commissioner Jerrel: I'll second and
say so ordered.
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Deaconess Cross Pointe Center
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Final drainage plan
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Bill Jeffers: The fourth set of final
plans is Deaconess Cross Pointe Center. This plan also is in front of the
Site Review Committee at this time. It is simply a modification of the
approved final plan for Cross Pointe Subdivision completed back in the
`80s. They're adding a building to the Deaconess facility there. The plan...the
drainage plan shows an enlargement and an improvement of existing drainage
and detention facilities on the lot in order to allow construction of Deaconess
Cross Pointe Center. The County Surveyor has recommended the drainage plan...I
mean, has reviewed the drainage plan and recommends approval of it.
Commissioner Jerrel: Is there anyone
that wishes to speak to this final plan? Seeing none, I would like to call
for a motion.
Commissioner Tuley: I'll move approval
of the final plan for the Deaconess Cross Pointe Center as outlined by
the Deputy Surveyor.
Commissioner Jerrel: I'll second and
say so ordered.
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Stone Creek Section 2 - Final
drainage plan
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Bill Jeffers: Okay, the last final
plan that I have on the agenda at this time is Stone Creek Section 2. This
is a PUD on the north side of Kansas Road west of Seib Road. Our previous
review of the project drew some questions from a neighboring farmer, if
you'll recall, who was here with his wife. The questions have been addressed
sufficiently in the final plan that is presented to us. If there are no
questions or comments from the audience or the board prior to the recommendation
the County Surveyor recommends approval of the final drainage plan for
Stone Creek Section 2 after his review and with the understanding that
any required modifications to the street plans by Mr. Stoll be incorporated
into the drainage plans.
Commissioner Jerrel: Is there anyone
that would like to speak to this final plan? Seeing no one, is there a
motion?
Commissioner Tuley: I'll move approval
of the final plans for Stone Creek Section 2 as submitted and approved
by the Deputy Surveyor.
Commissioner Jerrel: I'll second and
say so ordered.
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Wellington Acres Phase 2 -
Preliminary drainage plan
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Bill Jeffers: Okay, moving to preliminary
drainage plans which come to us in advance of the Area Plan Commission
meeting acting on the same subdivisions. The first one is Wellington Acres
Phase 2. It is on the March agenda for APC. The final drainage plan for
Wellington Phase 2 then will return to us after APC's action. The County
Surveyor has reviewed the plans and recommends approval of the preliminary
plan for Wellington Acres Phase 2.
Commissioner Jerrel: Is there...well,
this is just a preliminary.
Commissioner Tuley: Yeah, we still
need to approve it though.
Commissioner Jerrel: Okay. No, I meant
I don't need to call for any-
Bill Jeffers: Any questions from the
audience.
Commissioner Jerrel: Yeah, is there
anyone here? Okay, seeing no one is there a motion?
Commissioner Tuley: I'll move approval
of the preliminary drainage plans for Wellington Acres Phase 2 as outlined
by the Deputy Surveyor.
Commissioner Jerrel: And I'll second
and so order.
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Kato Industrial Subdivision
- Preliminary drainage plan (Withdrawn)
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Bill Jeffers: The second item under
preliminary plans is Kato Industrial Subdivision which the consulting engineer
for the developer called this...came by this afternoon and requested it
be withdrawn from the agenda at this time and be presented at the April
3rd meeting.
Commissioner Tuley: Do you need a
motion?
Commissioner Jerrel: Yeah, I guess.
Bill Jeffers: I'm not presenting it
at this time. It's in your notes here. It was on your agenda, but it's
not to be presented at this time.
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Northfield Subdivision - Preliminary
drainage plan
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Bill Jeffers: The next one is Northfield
Subdivision. It is on the Area Plan March agenda. It's located between
the 4-H Center and US Highway 41 North at the intersection of Boonville-New
Harmony Road. Buehler's Buy-Low will be the anchor store we understand.
The plans at this time continue to be modified at the direction of Buehler's
to address an ongoing study of certain physical requirements to their needs.
While the preliminary plans reviewed by our office are sufficient at this
time we do anticipate some modification and improvement that will show
up in the final drainage plan along with modifications that may show up
on subsequent site plans for the individual lots as they come in with other
retail businesses. Are there any questions or comments from the audience
or the board prior to our recommendation? If not, the County Surveyor recommends
approval of the preliminary drainage plan for Northfield Subdivision.
Commissioner Jerrel: There being no
further questions is there a motion?
Commissioner Tuley: I'll move approval
of the preliminary drainage plans for Northfield Subdivision as recommended
by the County Surveyor's Office.
Commissioner Jerrel: And I'll second
and say so ordered.
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Christian Fellowship Church
expansion - Preliminary drainage plan
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Bill Jeffers: The next item has been
put under preliminary review. It's Christian Fellowship expansion. Actually,
this is a plan for the expansion of the existing chapel, enlargement of
the parking lot and location of other facilities including those in the
recreational area to the west of the church. The plan includes diverting
an existing waterway through a new lake, retaining storm water in the new
lake and then discharging it to Furlick Creek through underground pipes
installed at locations shown outside the existing easement. The easement
I am speaking of was conveyed to the County Commissioners as part of the
drainage plan for Green River Road Estates, oh, a good 15 years ago, I
think. A copy of the deed conveying the easement is attached and we ask
the County Attorney to review the deed language with regard to its appropriateness
of the terms of the conveyance and with regard to encroachment and use
of the easement by this particular plan. I have that attached on page eight,
a copy of the deed language. You might want to take a look at it when you
have time. In order that we have time to consult with the attorney and
prepare additional easement documents required by this project we are asking
only for preliminary approval at this time. Construction should not commence
without a Department of Natural Resource's permit for construction in a
floodway so our delay at this time will not unduly postpone groundbreaking.
We do not anticipate any major plan modifications out of all of this. I
have reviewed the plans and they are sufficient up to these points we want
to look at further, so the County Surveyor recommends approval of the preliminary
drainage plan for Christian Fellowship Church.
Commissioner Jerrel: Is there anyone
that wishes to speak about this preliminary plan? Seeing none, is there
a motion?
Commissioner Tuley: I'll move approval
of the preliminary drainage plan for Christian Fellowship expansion as
outlined and recommended by the County Surveyor.
Commissioner Jerrel: I'll second and
say so ordered.
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Ashley Place Phase 2 - Preliminary
drainage plan
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Bill Jeffers: The last preliminary
drainage plan that I have on your agenda is Ashley Place Phase 2. It's
also on the March Area Plan Commission agenda. The preliminary drainage
plan submitted for Ashley Place Phase 2 is very extensive for a preliminary
plan. It contains a complete set of street plans as well. The plan depicts
the relocation of a natural waterway with storm water detention in the
reconstructed waterway. Experience advises us to examine such proposals
very critically even when everything conforms to our code and appears to
work on paper. Our recommendation of the preliminary drainage plan for
Ashley Place Phase 2 should not be interpreted as an absolute blessing
of every detail shown on the plans. As a matter of fact, we feel the house
density and the lot size will be extremely difficult to achieve as shown
although we're not implying it can't be. In addition we require a great
deal more information with regard to the rerouting, upgrading and otherwise
addressing the existing watercourses especially those that carry drainage
from other property through this property and those waterways discharging
onto other properties from this property. We also need some supplementary
details of the various structures before recommending approval of the final
plan. However, at this time and if there are no questions or comments from
the audience or board the County Surveyor, in the interest of moving the
project forward in a positive manner, recommends approval of the preliminary
drainage plan for Ashley Place Phase 2.
Commissioner Jerrel: Is there anyone
that wishes to speak to this preliminary plan?
Seeing none, is there a motion?
Commissioner Tuley: I'll move approval
of the preliminary drainage plan for Ashley Place Phase 2 as outlined by
the Deputy Surveyor.
Commissioner Jerrel: I'll second and
say so ordered.
Bill Jeffers: Under roman numeral
five other drainage plans, and I am asking at this time are there any other
drainage plans which need to come before the board at this time which have
not been presented up till now?
Bill Jeffers: Having heard none, we'll
move to item six, which are this month's requests to encroach into drainage
easements, platted drainage easements. Both the requests shown on your
agenda are recommended for approval by the County Surveyor. I have the
completed forms here to be recorded as well as another form of a previous
request that your secretary is holding at this time. Your secretary asked
our office to notify all these applicants that they must pay the recording
costs and having been notified we will do so this week. If you'll sign
these we will notify the applicants that they must pay the recording costs
and we'll prepare and hold the documents until they do so and then we'll
take them to the Recorder's Office for recording.
Commissioner Jerrel: Is there a motion
to approve the drainage easement encroachments?
Commissioner Tuley: I'll move approval
of the drainage easement encroachment agreements for-
Commissioner Jerrel: Rowdy Dowdy.
Joe Harrison, Jr.: There are two of
them.
Commissioner Tuley: -Rowdy Dowdy Properties,
LLC and the second one is for Skate World as recommended by the County
Surveyor's Office.
Commissioner Tuley: And I'll second
and say so ordered.
Bill Jeffers: The other one that I
was referring to that is coming back to you right now is Vision.
Commissioner Jerrel: Oh, that's right.
That was-
Bill Jeffers: It's in your signature
file.
Commissioner Tuley: You're right,
it's here.
Bill Jeffers: And these two need signatures
and then Charlene can hold them-
Commissioner Tuley: This was already
approved and all we're doing is signing it?
Bill Jeffers: It's already approved
and it was coming back to you to be signed-
Joe Harrison, Jr.: Go ahead and make
a motion.
Bill Jeffers: -after I prepared some
auxiliary documents.
Commissioner Tuley: Just to prevent
any misunderstanding I'll move approval of the drainage easement encroachment
agreement with Vision Properties, LLC.
Commissioner Jerrel: And I'll second
and say so ordered.
Charlene Timmons: Can I ask a question?
Everybody will be getting back with me with the recording money, is that
true?
Bill Jeffers: I'll contact them and
direct them to come to the Auditor's Office. Can you tell me how much it
is going to cost each one by the number of pages, is that how it works?
Charlene Timmons: Yes.
Bill Jeffers: Okay.
Commissioner Jerrel: Is Vision in
the signature file?
Charlene Timmons: Yes.
Commissioner Tuley: Yeah.
Commissioner Jerrel: Oh, okay. Sorry.
Bill Jeffers: And if you just put
those other ones in the signature file with it Charlene and I will follow
up with that. You did other wishing to address the board. I have no other
business and ask if the board has any other business?
Commissioner Jerrel: No, we just appreciate
that you were well prepared tonight.
Bill Jeffers: I'll try to continue
that, but there were seven more subdivisions filed in the county for review
next month, I think.
Commissioner Tuley: I have nothing.
I will move for adjournment if there is no other business.
Commissioner Jerrel: And I'll second
and say so ordered.
The meeting was adjourned at 7:58
p.m.
Those in attendance:
Bettye Lou Jerrel
Patrick Tuley
Joe Harrison, Jr.
Charlene Timmons
Bill Jeffers
Paul Rust
Others unidentified
Vanderburgh County
Drainage Board
Bettye Lou Jerrel, Vice President
Patrick Tuley, Member
Recorded and transcribed by Charlene
Timmons.
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