VANDERBURGH COUNTY

DRAINAGE BOARD

JULY 11, 2006

The Vanderburgh County Drainage Board met in session this 11^th day of July, 2006 at 3:57 p.m. in room 301 of the Civic Center Complex with President Bill Nix presiding.

President Nix: I would like to call to order the Vanderburgh County Drainage Board, Tuesday, July 11, 2006 at 3:57.

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

Commissioner Musgrave: I’ll so move.

President Nix: Second. All in favor?

Commissioner Musgrave: Aye.

President Nix: Aye. Mr. Jeffers, good afternoon.

Bill Jeffers: Good afternoon, Mr. Nix, Mrs. Musgrave.

Commissioner Musgrave: Mr. Jeffers.

Bill Jeffers: For those of you watching at home, I hope you survived the deluge. We’re getting plenty of phone calls down at the office. I hope everyone is safe. The Vanderburgh County Surveyor serves as the technical advisor to the County Drainage Board, the same as the County Engineer serves as technical advisor to the Commissioners for road and street projects. So, today I have two drainage plans to bring before you. The first one I put on your desk is Steve Becker number two. It’s a preliminary drainage plan, doesn’t require your signature on a Mylar. It’s located on Browning Road, a quarter mile south of Schlensker Road out in Scott Township. It looks like a jigsaw puzzle, but it’s just the way they carved up a large, wooded parcel into large lots to try to preserve, I mean, so everybody got a good piece of the woods, and a good building site. Because they are large lots, you want to anticipate that one house on such a large lot, three or four acre lots, some of them I think are close to five acre lots, wouldn’t create any additional drainage. Indeed, when looking at the drainage calculations, worse case scenario, they are increasing their drainage right at ten percent additional runoff. To build a detention basin for that would, the basin would just be a mud puddle. So, they are asking the Drainage Board to relieve them of the obligation to detain, which the County Surveyor recommends that you do that. The County drainage code allows you to use your discretion on a case-by-case basis. I believe this is one of those cases where it would be unnecessary to have a little duck pond that was nothing more than a nuisance. They also are not going to be developing the entire project all at once. It’s just as they sell a lot, someone will build an estate type home. So, I have reviewed the drainage plan, and recommend approval. With your approval, it will go forward to Area Plan Commission. If any problems were to arise between now and Area Plan Commission, or come to light at Area Plan Commission, we could ask them to revise the final drainage plan.

President Nix: So, basically, your feeling is that these hard surfaces that will be established, roofs and driveways and stuff, there’s enough property to retain the water within itself as it is right now?

Bill Jeffers: It should be able to absorb it, yes, and the new grass lawns that they establish.

President Nix: Okay.

Bill Jeffers: The worst possible case scenario, I’ve written it on the drainage plan a few pages back–

President Nix: Yeah, I see it in red, yes.

Bill Jeffers: –in red, how many cubic feet, I think, what is it two and a half cubic feet of additional discharge? I mean, that’s what, a four inch pipe.

President Nix: How often have we done this, Bill?

Bill Jeffers: We’ve done it in cases like this, oh, maybe once a year.

President Nix: Okay.

Bill Jeffers: A subdivision will come through of estate homes where the increase in runoff is insignificant, and we’ll waive the requirement for detention.

President Nix: The average lot size per home? I think I saw that here somewhere.

Bill Jeffers: I think they’re running between two and four acres.

President Nix: Per home?

Bill Jeffers: Yes.

President Nix: Okay, if they were to come back...I turned that off, I’m sorry. If they were to come back and decide they wanted to put more homes in there, like what you’re saying as far as going for site review, then this would pretty well, we would have to start all over again as far as drainage then? In your estimation?

Bill Jeffers: No, they wouldn’t have to start all over, but, what they are going to have to do because each lot is greater than one acre, they’re going to have to have an individual erosion, sediment and pollution control plan for each house they build.

President Nix: Okay.

Bill Jeffers: As a part of that plan, now, under the new Rule Five, each one of those pollution control plans, sediment control plans, has to have a drainage plan incorporated within it. So, as each house is built, if we discover a condition arises during the construction of that house, we can require additional measures be taken to address the drainage.

President Nix: You answered my question.

Bill Jeffers: Okay.

Commissioner Musgrave: I saw in the notes that site review had suggested that maybe combining some of the driveways. Is that a likelihood that they’re going to replot this, and you’ll have to come back?

Bill Jeffers: The only way I think they would replat the layout, is if someone decided they wanted, because the lots are so large, if they were to get sanitary sewers, then you could have a lot smaller than two and a half acres.

Commissioner Musgrave: Uh-huh.

Bill Jeffers: That someone could come in and divide one of the larger lots up, you know, as a minor sub. That does happen occasionally.

President Nix: Just so I understand this, if that would happen, that would come back to a review as far as drainage and erosion control and that on a per residence basis?

Bill Jeffers: As long as each lot was one acre in size or greater.

President Nix: Or greater?

Bill Jeffers: Once they get below that, it probably would skip through the loopholes. Because we only require plans for–

President Nix: What recourse would we have then if it was less than an acre?

Bill Jeffers: Grit your fingers. Or, grit your teeth and twiddle your fingers. I mean, you know, it just gets, the project’s so small that the, we figure it’s insignificant. Unless we know there’s a problem.

Commissioner Musgrave: Are you ready for a motion?

President Nix: Yeah.

Commissioner Musgrave: Move approval of the Steve Becker Number Two preliminary drainage plan.

President Nix: Second. All in favor?

Commissioner Musgrave: Aye.

President Nix: Aye.

Bill Jeffers: The second one is Summer Creek. It’s also a preliminary drainage plan, which the approval would allow it to move forward to Area Plan Commission. It’s located on Green River Road, a quarter mile south of Ruston Lane, about half a mile north of Daylight, Indiana. The plan is on your desk. It is a more customary subdivision of quarter acre lots, existing farm ground, one street in off of Green River Road. The reason those streets terminate the way they look on the plan is because there is anticipated future development of Summer Creek to the north, and Creekside Meadows is to the west and they want, Area Plan wants a connector. This is a standard drainage plan done by Sitecon, Keith Poff, as the engineer. It does meet all the requirements of the drainage ordinance. There will be detention in two ponds along the south tier of lots, next to the farm ground is labeled with Summer Creek. So, there will be adequate detention before any water is discharged into that farm ground. The County Surveyor–

Commissioner Musgrave: Is this just a conceptual layout of streets and lots?

Bill Jeffers: No, that is what appears on the primary plat that’s going to Area Plan Commission.

Commissioner Musgrave: Okay, because there’s no dimensions on these lots. Do you happen to know what they are?

Bill Jeffers: Well, that’s a drainage plan that I’ve shown you. I’m sorry, the primary plat does show the dimensions. They are 50 feet wide and, I don’t guess the lot sizes are shown on the drainage plan either.

Commissioner Nix: No.

Bill Jeffers: No, you would have to refer to the primary plat.

President Nix: But, they are on that “A” drawing?

Bill Jeffers: Right. Would you like for me to bring a primary plat down to your office?

Commissioner Musgrave: No, I was just curious.

Ted C. Ziemer, Jr.: We have one here.

President Nix: Looky there.

Bill Jeffers: Oh, okay. Keith is here with the primary plat.

Commissioner Musgrave: I was kind of tickled by the Dr. Seuss names of the streets here, Street One, Street Two, Street Three.

President Nix: Dr. Seuss?

Bill Jeffers: I don’t think Area Plan wants you to name the streets until they go to the board and get approved, because, I don’t know why. If they don’t get approved, somebody else can use the same name.

Unidentified: (Inaudible).

Bill Jeffers: Oh, the name is not secure until you record the plat.

President Nix: Poff Lane or Jeffers Lane.

Commissioner Musgrave: Okay, thank you.

President Nix: Any other questions? I would entertain a motion to approve this.

Commissioner Musgrave: Move approval of Summer Creek’s preliminary drainage plan.

President Nix: Second. All in favor?

Commissioner Musgrave: Aye.

President Nix: Aye.

Bill Jeffers: Earlier in the week, or at the end of last week, I sent an e-mail to you and to your attorney regarding the Steve M. Kincaid petition. The petitioner is Steve Kincaid, 8000 Newburgh Road. The respondent is Michael R. Cashman, 8010 Newburgh Road. The board received the petition on May 16, 2006. I last made comments on June 20, 2006, and they’re in the minutes you’ve recorded. I visited the site Friday, June 23, 2006 at or about 9:00 a.m. On the way to the site I viewed several flooded farm fields, creeks, standing water in subdivisions all across the north side and east side of Evansville. When I got to the property, I did not view any evidence of a condition existing on the respondents property, Michael Cashman’s property, that prevents or significantly impedes the flow of water through the natural surface watercourse at the location alleged in the petition by Mr. Kincaid. Therefore, at this time the County Surveyor’s report is that the Surveyor did not find an existing obstruction as defined by state statute in the natural surface watercourse, in the location alleged in the petition.

President Nix: Thank you. Is there anyone here that wishes to speak to this issue? Okay. I guess, is there any action we have to take at this time? No action? Okay. Thank you, Mr. Jeffers.

Bill Jeffers: Okay.

Bill Jeffers: The next item is for the board to receive and approve a contract for the study of East Side Urban Drain and Harper Ditch. This is one contract, which your attorney has reviewed, and, excuse me, I forwarded certificates of insurance to the attorney earlier today from American Consulting Engineers, 7260 Shadeland Station, Indianapolis, Indiana. Basically, if you approve this contract and sign it today, I have already notified ACE Engineering that their first order of business will be to go out and give us a pipe size for Green River Road and Morgan Avenue. They incorporated that priority into this contract. That will be the first thing they do for you.

President Nix: And that information we can use then when we meet with the state?

Bill Jeffers: When we go deal with the state, we will have a proper pipe size that we would like at that location.

Commissioner Musgrave: How long will it take?

Bill Jeffers: I’ve been told as quickly as two weeks, but, and I hope that that’s true, once we give them a notice to proceed, that they can take the data from the Morley study and convert it into what we need, the information we need, to take to the state within two weeks, hopefully. They may have to have a survey crew come down and spend a few days gathering some additional information.

Commissioner Musgrave: I make a motion to approve the contract for the study of the drains.

President Nix: I’ll second.

Bill Jeffers: And I have the–

President Nix: All in favor?

Commissioner Musgrave: Aye.

President Nix: Aye.

Bill Jeffers: Excuse me.

President Nix: That’s alright.

Bill Jeffers: This is the original for you to sign, and Mr. Ziemer has the second one.

Ted C. Ziemer, Jr.: Which I have delivered to Madelyn Grayson, and she has the certificate of insurance as well. So, yeah, fine.

Bill Jeffers: I’ve misplaced my agenda. What’s next?

President Nix: Claims for annual maintenance.

Bill Jeffers: Okay. These are the claims we have to date that represent finished work with the inspection forms attached. The County Surveyor’s recommendation is to approve these claims for payment.

Commissioner Musgrave: Motion to approve the claims.

President Nix: Second. All in favor?

Commissioner Musgrave: Aye.

President Nix: Aye.

President Nix: At this point in the meeting, I would like to entertain public comment. Seeing none. Other business, Mr. Jeffers?

Bill Jeffers: I have no further business, Commissioner Nix.

Commissioner Musgrave: Motion to adjourn.

President Nix: Second. All in favor?

Commissioner Musgrave: Aye.

President Nix: Aye.

(The meeting was adjourned at 4:10 p.m.)

Those in Attendance:

Bill Nix                                      Cheryl Musgrave            Ted C. Ziemer, Jr.

Bill Jeffers                                 Madelyn Grayson            Others Unidentified

Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Bill Nix, President

Cheryl A.W. Musgrave, Vice President