VANDERBURGH COUNTY

DRAINAGE BOARD

JUNE 15, 2010

The Vanderburgh County Drainage Board met in session this 15^th day of June, 2010 at 8:03 p.m. in room 301 of the Civic Center Complex with President Troy Tornatta presiding.

President Tornatta: Okay, we’re going to start the Vanderburgh County Drainage Board meeting agenda, Tuesday, June 15, 2010. Believe it or not, it is 8:03 in the evening.

Commissioner Winnecke: P.M.

Commissioner Tornatta: P.M.

President Tornatta: Approval of the previous meeting’s minutes?

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: All in favor say aye.

All Commissioners: Aye.

(Motion approved 3-0)

President Tornatta: Mr. Jeffers?

Bill Jeffers: Madelyn has in front of her a drainage easement encroachment agreement from Roger and Paula Storms, who own lot 124, Eagle Crossing, Section 3B. It is to put a fence within the drainage easement, within two feet of the subsurface pipe. I believe the form of the encroachment agreement is now correct?

Ted C. Ziemer, Jr.: Let me look at it again.

Bill Jeffers: There is a drawing that comes with it that has some scribbling on it that were instructions from me when he was in my office, and I would like that recorded along with the document. So, if we’re two dollars short–

Madelyn Grayson: Mr. Storms gave me the additional money today.

Bill Jeffers: –okay, well, if we’re short on the recording fee I would pay that, because I do need that recorded, as it is evidence. The County Surveyor recommends approval of the drainage easement encroachment agreement submitted by Roger and Paula Storms.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. All those in favor say aye.

All Commissioners: Aye.

(Motion approved 3-0)

Bill Jeffers: I have a folder full of claims from ditch contractors who have completed the work. The work’s been inspected by our crews. The necessary paperwork is attached, certifying or attesting that the work was completed in accordance with the specifications. I would ask that you accept and pay these claims.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. All those in favor say aye.

All Commissioners: Aye.

(Motion approved 3-0)

Bill Jeffers: They’re here with us, Mr. and Mrs. DeWitt from 10125 Lindar Lane on the far west side of the county, out near the county line road with Posey County. Their home is the one with the heavy yellow outline around the property. The County Highway Department in the past couple of years has cleaned out the ditch along the front of their property and their neighbor’s property until the ditch then flows into a creek. The work has caused full and reasonable drainage from the properties, and one adjacent landowner occasionally and continually places obstructions in this ditch, and because it’s within the county right-of-way I think it would be most simple simply to order the removal of this by the County Highway Garage at any time which it is found to lie within the ditch, rather than go through a formal hearing, as we would have to do if it was a privately maintained drain outside county right-of-way. The pictures explain themselves. The water in the ditch may look like it’s deep, but it’s only an inch or so deep. I think the county did an adequate job of cleaning out the ditch. Without a laser driven excavator there’s no way to get it absolutely perfect. I think they did a darn good job. I don’t know why this fellow puts a straw bale or a silt fence across his ditch. I’m not sure of his reasoning. I haven’t had it satisfactorily explained to me. Something about he thinks there’s sewage in the ditch, but Dwayne Calder from the Health Department tells me his inspector has been out there. I believe the papers you have indicate there was an inspection made, at which time the inspector said that there was no evidence that the septic field on the DeWitt’s property was failing. Mrs., Kim DeWitt is here and would, might want to make a brief comment in this regard, because she is the owner and can give you an eye witness account of everything.

Kim DeWitt: I think you said it all. Kim DeWitt, 10125 Lindar Lane. This has been an ongoing problem for approximately a year. I’m going to defer to your good wisdom. Thank you.

Bill Jeffers: And, as I offered in the e-mail, if you want me to write a letter to the adjacent property owner saying that, whatever you want me to say, I’ll be happy to write that letter for you, but I think the simplest way would be to simply direct the County Highway Department that at any time Mrs. DeWitt or Mr. DeWitt calls and says there’s an obstruction in this county roadside ditch that the County Highway Garage go out there and remove it.

President Tornatta: Well, within reason. I mean, I don’t want that to happen five times. I mean, I think, at some point we need to get a letter out to this individual and tell them that they’re on the clock and we’re not going to continue to go out there and remove these things. They’re going to have to do that or we’re going to cite them for, and have them in a drainage hearing or whatever we need to do to get this to stop permanently. I mean, I don’t see why we want to, I mean, I appreciate Chris offering his services, but at some point we need to address this and nip it in the bud.

Bill Jeffers: However you want to handle it. If you want your staff to write the letter, or you want me to write the letter. If you want your legal counsel to tell me what to put in the letter, however you want to do it.

Commissioner Winnecke: I’m confident that you can write the letter that has the appropriate language, and then, I agree with you, I mean, we shouldn’t have to.... I think, we put them on notice and we go out and move it if they put it in there, and then, you know, after the first time, then I think we call them in. We take an additional step beyond the initial letter and action by the County Highway.

Bill Jeffers: Okay, it will be done.

President Tornatta: Well, make that in the form of a motion.

Commissioner Winnecke: I would move that we direct the County Surveyor to send a letter to the appropriate landowner directing them to either remove the drain impediment or the County Highway Garage will be directed to do so at the next offense.

Commissioner Melcher: No, I think the fence is already there we want them to remove it. So, I think you were okay until the end. Maybe just give them a date to remove it, and if it’s still there we remove it.

President Tornatta: Is that, do we have any remedy back to that property owner? Either a citation or an expense to go remove that?

Bill Jeffers: If it were a regulated drain, rather than a County Highway side ditch, the County Surveyor would, with or without the Drainage Board’s motion, would send out a ten day notice and say you’ve got ten days to remove the obstruction from the regulated drain. After that, we will have it removed at your expense.

President Tornatta: But, this is different?

Bill Jeffers: This is a roadside ditch, so it’s your pleasure, or the advice of your counsel.

Ted C. Ziemer, Jr.: Is there an easement there?

Bill Jeffers: Yes, sir. It’s the right-of-way for Lindar Lane.

Ted C. Ziemer, Jr.: Okay, there’s a county ordinance you can’t obstruct county easements, or put anything in the easement.

Bill Jeffers: I just offered to bring it to Drainage Board to save John Stoll the trouble. I mean, he’s got way more important things to do than to be tied up with this.

Ted C. Ziemer, Jr.: No, I know, I think that’s fine–

Bill Jeffers: Right.

Ted C. Ziemer, Jr.: –but I think we can order him to take that out. If you’re violating, if nothing else, there’s the general violation clause of county easements and fine them up to $2,500.

Bill Jeffers: Right. I think you’ve already handled the ordinance whereby we can write tickets. Is that not correct?

Ted C. Ziemer, Jr.: Right.

Bill Jeffers: Okay.

Commissioner Winnecke: So, are we saying to send a letter just to put him on notice or not?

President Tornatta: I would send, I would recommend that we send a letter to put him on notice, and then if he continues then that would be done at his expense.

Brenda Jeffers: You still want him to remove the obstruction?

President Tornatta: Sure.

Commissioner Winnecke: Don’t you think?

Bill Jeffers: Okay.

Brenda Jeffers: (Inaudible. Not at mic.) notice?

Commissioner Winnecke: Or–

Bill Jeffers: Is the motion–

President Tornatta: Or a ten day, I mean, if–

Bill Jeffers: The motion is for a letter. Now, the content of the letter is remove it within ten days or it will be removed, at your expense, and any future violations will be handled according to–

President Tornatta: The ordinance.

Bill Jeffers: –the ordinance, is that what the letter should say?

Ted C. Ziemer, Jr.: Yeah, we can send the next letter from our office you’re violating the county ordinance and we’re giving you this notice and if you continue to do this for two days we’re going to fine you $2,500.

Commissioner Winnecke: Yes, but what you said is good. That’s the motion.

Bill Jeffers: That’s the motion, and that’s what will be done.

President Tornatta: Okay.

Bill Jeffers: As soon as you say aye, okay?

President Tornatta: We have a motion and a second. All in favor say aye.

All Commissioners: Aye.

(Motion approved 3-0)

Bill Jeffers: Thank you.

President Tornatta: Thank you.

Commissioner Winnecke: Thanks, Kim.

President Tornatta: With that being said, any public comment? Anything back there.

Mike Mahan: No.

Commissioner Winnecke: Mike?

Bill Jeffers: Mike got a new ball cap.

President Tornatta: Do we–

Commissioner Winnecke: Motion to adjourn.

Commissioner Melcher: Don’t we have claims?

President Tornatta: We’ve already approved them.

Commissioner Melcher: Oh, we did?

President Tornatta: Yeah.

Commissioner Melcher: I thought he said he had claims.

President Tornatta: Bill, any claims?

Commissioner Melcher: Yeah, he said he did. Do we need a motion for that?

President Tornatta: If we haven’t, go ahead and give a motion.

Commissioner Melcher: I make a motion we approve the claims.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. All those in favor say aye.

All Commissioners: Aye.

(Motion approved 3-0)

President Tornatta: We have a first and second to adjourn. All those in favor say aye.

All Commissioners: Aye.

(Motion approved 3-0)

President Tornatta: We are adjourned.

(The meeting was adjourned at 8:14 p.m.)

Those in Attendance:

Troy Tornatta                            Stephen Melcher                      Lloyd Winnecke

Bill Jeffers                                 Ted C. Ziemer, Jr.                    Madelyn Grayson

Brenda Jeffers                          Kim DeWitt                               Mike Mahan

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Troy Tornatta, President

Stephen Melcher, Vice President

Lloyd Winnecke, Member

(Recorded and transcribed by Madelyn Grayson.)