VANDERBURGH COUNTY

DRAINAGE BOARD

JANUARY 29, 2008

The Vanderburgh County Drainage Board met in session this 29^th day of January, 2008 at 6:24 p.m. in room 301 of the Civic Center Complex with Vice President, Bill Nix presiding.

Commissioner Nix: Good afternoon. I would like to call to order the Vanderburgh County Drainage Board, Tuesday, January 29, 2008 at 6:24.

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

Commissioner Korb: So moved.

Commissioner Nix: Second. All in favor?

Commissioner Korb: Aye.

Commissioner Nix: Aye. Okay.

Commissioner Nix: Mr. Jeffers, good evening.

Bill Jeffers: Good evening. In the interest of getting out of here ahead of any other storms that may be coming, I was asked to produce a report for the hearing next week. This is a preliminary report. I may add details to it, but, essentially, this gives you the facts. I won’t go through it. You can read it. It does quote the applicable statute at the end of the packet. Appended to the packet are some pictures showing the upstream condition, the downstream condition of the drain that is alleged to be obstructed. It shows what the County Surveyor found upon investigation, overgrown vegetation, etcetera, that kicks the flow of the storm water out of the drain and across the property of the petitioners. It shows you some alleged damage, erosion damage to the petitioners property because of the water being kicked out of the drain and across their property. It addresses some of the issues that you, as the board, will have to determine at the hearing next Tuesday, February 5^th, when all the petitioners and the respondent is here to give you more evidence.

Commissioner Nix: Thank you.

Commissioner Korb: Great.

Commissioner Nix: Can we see that Commissioner Tornatta has a copy of this–

Bill Jeffers: I have an extra copy.

Commissioner Nix: –prior to the meeting? I don’t know if there’s a way you could maybe PDF that to him?

Bill Jeffers: I think so. Here’s a color copy.

Commissioner Nix: Okay. Madelyn, I didn’t know if there’s a way we could see that he gets that prior to next week’s meeting?

Madelyn Grayson: I can scan it and e-mail it to him.

Commissioner Korb: Okay. Great.

Commissioner Nix: Thank you very much.

Bill Jeffers: I think we have it in digital form. I can forward the digital report to Madelyn, and she can send that to Commissioner Tornatta.

Bill Jeffers: Okay, a brief report on the box culvert at Green River Road and Morgan Avenue, on which your attorney is working on a contract with Indiana Department of Transportation, INDOT. Bart Mueller from INDOT, and I’m working from notes here. I don’t have a report. We met this morning between 10:00 and noon. Bart Mueller from INDOT; John Stoll, Vanderburgh County Engineer; Bill Jeffers, Vanderburgh County Surveyor; Jim Kovacs from American Structure Pointe; and Mike Wenning from American Structure Pointe. Those are our consultants that were designing, helping to gather information for RQAW to design that culvert. You’ll recall that INDOT plans to do a surface improvement of Green River Road at Morgan Avenue to add some turn lanes and move traffic more efficiently. When we found out a couple of years ago that they intended to do that, the County Surveyor and the County Commissioners expressed a desire to include a pipe structure larger, as a culvert, to move the water out of the east side of the county and lower the flood plain that FEMA, Federal Emergency Management Administration, is attempting to impose a higher flood plain on us that would require several tens of millions of dollars of flood insurance for that five square mile industrial and commercial area. We’re trying to lower the flood plain by putting in larger pipes. What INDOT’s concerned with is that a utility conflict was discovered by INDOT, an AT&T fiber optic bank running through the alignment that we wanted to put the box culvert in. It poses a one year delay, and two to two and a half million dollars to relocate. It may dictate not letting the pipe, with the surface project, in 2008. Our concerns are, if it’s not done now, when will it be done? Moving the pipe into the future increases the estimated costs, estimated in today’s dollars, $500,000. INDOT programs are locked in for ‘08 and ‘09. July ‘09 is the start of their fiscal year 2010, so, we would be looking at that as a minimum, 2010. INDOT typically does not come back and do, redo a surface project with a separate pipe project of this nature, because there was no pipe contemplated in INDOT’s original plans for the surface improvement. I would like to emphasize the county has produced on all parts of its understood commitments. We did provide the size, material and invert elevations for the structure, as part of our commitment. We did set aside $500,000 in county Bridge Funds to pay for the pipe and its installation. We did acquire and do have in our possession all environmental permits required for working in a water of the U.S. INDOT agrees that we have met our commitments. The contract is in the process of being worked out. But, what I’m here to inform you is that I am working with our consultant on a supplemental agreement to do a little more study to come up with some new pipe sizes and alignments that might work here, and to amend the permits. They’ll be preparing an estimate for that supplemental agreement, and I’ll bring that back to you in a week or so. We would like to still stay on schedule.

Bill Jeffers: That’s all I have, other than some, if you have any questions, but first, I have a big packet of claims here for work that’s been completed. All the signatures and paperwork is affixed, and the County Surveyor recommends payment for those claims.

Commissioner Nix: Can I have a motion for that?

Bill Jeffers: And if you have any questions now, or would like to call me, I can fill you in on this pipe project.

Commissioner Korb: Move we pay those claims.

Commissioner Nix: I second. All in favor?

Commissioner Korb: Aye.

Commissioner Nix: Aye. Opposed same sign.

Ted C. Ziemer, Jr.: Just for the record, you say the contract is being on, it was being worked on until about a month ago, when I spoke to an attorney with INDOT, and we agreed to the changes that she would make in that agreement. It is now one month later and I have heard absolutely nothing from her. So, we’re sitting here waiting for INDOT.

Bill Jeffers: Well, I’m trying to paint a positive picture, and I’m having a hard time with my colors, okay?

Commissioner Nix: Do we want to make contact with them then?

Bill Jeffers: There’s a lot of blue in this.

Commissioner Nix: Would it be out of order to ask Mr. Jeffers, or, I didn’t know if–

Ted C. Ziemer, Jr.: That’s fine.

Commissioner Nix: Maybe just see where we’re at with that?

Bill Jeffers: Okay.

Commissioner Nix: Okay.

Bill Jeffers: In the interest of time, I’ll bring it back to you next week, maybe?

Commissioner Nix: Thank you very much.

Commissioner Korb: Great. Thanks, Mr. Jeffers.

Commissioner Nix: Is there any other business? Seeing none.

Commissioner Nix: Any public comment?

Commissioner Korb: I move for adjournment.

Commissioner Nix: Second. All in favor?

Commissioner Korb: Yo.

Commissioner Nix: Aye.

(The meeting was adjourned at 6:25 p.m.)

Those in Attendance:

Bill Nix                                      Jeff Korb                                   Bill Jeffers

Ted C. Ziemer, Jr.          Madelyn Grayson                     Others Unidentified

Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Bill Nix, Vice President

Jeff Korb, Member

(Recorded and transcribed by Madelyn Grayson.)