VANDERBURGH COUNTY

DRAINAGE BOARD

JUNE 17, 2008

The Vanderburgh County Drainage Board met in session this 17^th day of June, 2008 at 6:25 p.m. in room 301 of the Civic Center Complex with President Troy Tornatta presiding.

President Tornatta: Okay, motion to open the meeting, Tuesday, June 17^th, Vanderburgh County Drainage Board meeting.

President Tornatta: Motion to approve the minutes of the prior meeting.

Commissioner Korb: So moved.

Commissioner Nix: Let me ask, was there a drainage board meeting last week?

Madelyn Grayson: It’s actually from May 13^th and May 20^th that you’re approving.

Commissioner Nix: Okay, second. I couldn’t approve them if they were.

President Tornatta: A motion and a second, so ordered.

President Tornatta: Mr. Jeffers. Before you, I’ve presented a, something from a Karen Joest on a ditch issue. If you will address that, and sometime get in contact with me, and then we can address that at the next drainage board meeting, please.

Bill Jeffers: Yes, sir. I’ll bring that back to you July 1^st.

President Tornatta: Thank you.

Commissioner Nix: Before we go on, I just wonder on that, if maybe we can contact Mr. Duckworth, because this looks like–

Bill Jeffers: Yeah, I think I have heard of this one, and I believe it came over the e-mail, and I believe, it appears as if that’s out in the county roadway right-of-way, possibly–

Madelyn Grayson: They sent it to the Auditor’s office again today saying that no one had responded.

Commissioner Nix: Okay, because this is the first I’ve seen this. I’ll call Mike tomorrow, if that’s okay, and if there’s a problem beyond that, we can address it at the next drainage board meeting, if that’s okay, Mr. President?

President Tornatta: Sure.

Bill Jeffers: Well, since it came to us here, we will fill out a report and respond, or pass it on to the appropriate personnel.

President Tornatta: Okay.

Bill Jeffers: Thank you.

Commissioner Nix: So, you will call Mike then on that?

Bill Jeffers: Yes, sir, I’ll take care of it.

Commissioner Nix: Okay, thank you, I’ll disregard that. Thank you.

Bill Jeffers: The first item is Walgreen’s at Grant Hill, Boonville-New Harmony Road at U.S. 41. It’s a final plan. It will be up on your screen shortly. It will show you that 511 Boonville-New Harmony Road is lot four of Grant Hill Commercial Park, 601 Boonville-New Harmony is an unplatted lot of record east of and adjacent to 511. 511 will be Walgreen’s, 601 is a spec building, the project is proposed by Gene Hahn. A creek currently flowing through 601, the unplatted lot of record, will be encased in a five foot diameter pipe requiring a drainage easement be granted via miscellaneous record, because it won’t be on a plat, to ensure that that easement’s got a chain of title. Since the parking lot is shown paved atop the pipe and within this new easement that will be created, an easement encroachment agreement must be recorded to ensure preservation of the agreement through chain of title. We’re still trying to get your picture up for you, but since the plan otherwise comports with the county drainage code and the developer desires to work quickly with construction, the County Surveyor recommends approval of the plan, as presented, with the condition that the certificates of occupancy be withheld until the easement is dedicated and the encroachment agreement is entered into with the Commissioners, and both documents are recorded. These conditions can be enforced through the commercial site review process at APC, of which I’m a member.

Commissioner Nix: Move approval per the Surveyor’s recommendation.

Bill Jeffers: There’s your, okay, lot four is where Walgreen’s will be. The “p”, the letter “p” represents the unplatted parcel that will be the spec building. I’m sorry to have interrupted your motion.

President Tornatta: We have a motion.

Commissioner Korb: Second.

President Tornatta: So ordered.

Bill Jeffers: The second item, I sent you by e-mail, and I hope you had time to, or will have time to read the comments that I plan to make tonight, but in the interest of time, I will be brief and simply ask that you enter all my comments into the permanent record in case they are needed at a subsequent hearing, or if one of these issues go to court, that they would be in the record. Item two, set a hearing date for Jerry Arnett petition. You’ll recall that Mr. Arnett presented his petition to you May 13^th of this year. He alleges trees, brush and other material impede the flow from his ground through a drain to Allen’s Lane. I met with Allan Rellecke, a contractor who accomplishes work that will be necessary if the board should order the removal of the material. The proposed work site is extremely restricted, we can’t get trucks in, there’s overhanging power lines, fences, what have you. So, Mr. Rellecke’s estimate of $2,000 reflects that he will simply go in there with a mini excavator, take out the minimum amount of obstructing material, lay it up on the banks of the ditch, on the people’s property from which it was removed and let them dispose of it, because, otherwise, it’s just a monumental task to get in there with trucks and heavy equipment. The County Surveyor is asking the Board at this time to set a hearing date of July 1, 2008, so Mr. Arnett and his neighbors can potentially, or, excuse me, they’ll have the opportunity to express their opinions and give additional information in this matter.

Commissioner Nix: So moved.

Commissioner Korb: Second.

President Tornatta: So ordered.

(Insertion of County Surveyor’s written comments to be made part of the meeting minutes.)

The Board will recall that on May 13, 2008, we received a petition from Mr. Jerry Arnett, 3221 North 12^th Avenue, Evansville, Indiana, 47712, asking the Board to order the removal of overgrown brush, trees and other materials impeding the flow of storm water from his property, thence through a drain on other properties to the south of his and into a culvert at Allen’s Lane.

Subsequently, the County Surveyor visited the site with Allen Relleke, a contractor who accomplishes work as will be required should the Board order the removal of the material Mr. Arnett alleges obstructs the drain. The proposed work site is extremely restricted as to access for equipment to fully remove all the trees and brush growing within the public utility easement. And there are low hanging power lines, fences, and other restrictions both within and close to the easement that prevent access with trucks to haul off the cuttings and debris generated by even minimal work required to remove the obstructions.

Mr. Relleke shot grade and closely examined the site and responded with an estimate of the work he believes he can accomplish to simply remove the minimal amount of material that currently obstructs the drain and place the removed materials, whether that may be cut trees, brush, concrete waste, accumulate sediment, or whatever, up onto the banks of the ditch immediately adjacent to wherever he removes it from the drain. That means he will not be hauling the debris away, rather he proposes leaving it for disposal by the individual property owners onto whose property he lays the spoil of the work.

Mr. Relleke’s estimate for removing the minimal obstructions and restoring the grade of the ditch and leaving the spoil for disposal by the property owners all for a distance of no more than eight hundred (800.0) feet north of the culvert at Allen Lane is two thousand dollars ($2,000.00).

The County Surveyor is asking the Board to set a hearing date for July 1, 2008, so Mr. Arnett and the other property owners potentially affected by this proposal have a chance to express their opinions and give additional information.

(End of County Surveyor’s written comments insertion.)

Bill Jeffers: Again, on item three I’m simply going to give you the highlights and ask that you put my comments, the written comments in the record. Mr. Roger Huff, 2123 Volkman Road, northern Vanderburgh County has petitioned the board to order the removal of an alleged obstruction to a watercourse, thereby better draining the property owned by Mr. Huff. I’m simply asking at this time for you to accept the petition that’s in the possession of your Recording Secretary so that the County Surveyor can initiate the investigation and come back to you with a proposed hearing date.

Commissioner Nix: Move approval.

Commissioner Korb: Second.

President Tornatta: So ordered.

(Insertion of County Surveyor’s written comments to be made part of the meeting minutes.)

Now comes Mr. Roger Huff, 2123 Volkman Road, northern Vanderburgh County, petitioning the Board to order the removal of alleged obstructions to a drain or watercourse which removal would better drain property owned by Mr. Huff.

This case is not going to be one of the more pleasant duties that may fall to you and I since there already have been repeated responses by the County Sheriff’s deputies to site due to alleged threats of violence, etc.

At this time, I’m simply asking the Board to accept the petition so that I may initiate an investigation and report back to you maybe in July with a proposed hearing date for say August or September.

(End of County Surveyor’s written comments insertion.)

Bill Jeffers: Item four, I have a report that I gave you in writing, it’s a page and a half, two pages long, whatever. Again, I ask you to enter that report into your record, and I will simply say that Paul Esche came to you, his address is 9224 Arbor Grove Drive, came to you, you know the date, oh, May 20^th, and complained that Linda Phillips of 9223 Big Hill Drive had placed a substantial amount of dirt fill in the easement and on to his property without his consent and without a plan approved by the Board for encroaching and modifying a ditch. I go on to tell you that Ms. Phillips called me last Friday, June 6^th and said she’d received our notice that you had directed me to send her, asking her to appear today, or within ten days of the receipt of the notice with a plan, and within 30 days to initiate the plan, to repair the damage and rectify the situation. She hand delivered this note to me yesterday saying that she received the letter, reiterating that our conversation on the telephone last Friday, June 6^th, included that she would not be able to attend the meeting today. States that the straw has been removed from the ditch, which I confirm is true, that she would like me to contact her and let her know when our next meeting of the board will be so that she can be in attendance. She also in her conversation with me, and in more detail I explain it here, said that she thought someone else should prepare the plan, that she was not wanting to prepare the plan, and other comments as made in here, and you can read those at your leisure. I’m simply bringing you that information, and you can proceed as you wish.

Commissioner Nix: I guess, we had some deadlines that you addressed here just a minute ago. Basically, what she’s saying is that she would like to wait and come to us at the next meeting?

Bill Jeffers: Yes, sir.

Commissioner Nix: And all these other things that we talked about will just have to wait until that happens, other than the fact that she did take the straw out of the–

Bill Jeffers: Someone took the straw out of the ditch.

Commissioner Nix: Someone took it out.

Bill Jeffers: Yes, sir.

Commissioner Nix: Yeah.

Bill Jeffers: Today is the tenth day since she received the notice. There is no plan to bring to you at this time. She’s asking that she be notified of your next meeting, which is July 1^st.

Commissioner Korb: In the event that she doesn’t show up on July 1^st, Mr. Jeffers, what happens?

Bill Jeffers: It will be 21 days since she received your notice, with no action taken.

Commissioner Korb: And our recourse is?

Bill Jeffers: You may, if you wish, enforce the drainage ordinance which may levy a fine of up to $100 per day per violation for any violation that you determine exists.

Commissioner Korb: Okay.

Commissioner Nix: You know, we looked at this a couple of weeks ago. It’s obvious that something needs to take place. I mean, it’s obvious what she was trying to accomplish. So, I’m okay with letting her, if she would like to come to the next meeting, and then, I guess, we’ll address it at that time.

President Tornatta: Would you notify her, and just let her know that that’s the deal?

Bill Jeffers: Yes, sir.

President Tornatta: Do we have a motion?

Commissioner Nix: So moved.

Commissioner Korb: Second.

President Tornatta: So ordered. Okay, Mr. Jeffers, yeah, just have somebody call and just give her a reminder of that meeting, if you would.

Bill Jeffers: I’ll be happy to send–

President Tornatta: And, then record that.

Bill Jeffers: I’ll send that registered, certified mail, as well as a phone call. Yes, sir.

President Tornatta: That’s fine.

(Insertion of County Surveyor’s written comments to be made part of the meeting minutes.)

The Board will recall May 20^th , Paul Esche addressed his concerns to you regarding his backyard at 9224 Arbor Grove Drive where his neighbor, Linda Phillips, 9223 Big Hill Drive, placed a substantial amount of dirt fill into the easement and onto Mr. and Mrs. Esche’s property without the Esche’s consent and without a plan approved by the Board for encroaching and modifying the ditch in the drainage easement. The Board directed the County Surveyor to notify Ms. Phillips that she had ten (10) days to come up with a plan, and 30 days to initiate the plan. We mailed that letter to Linda Phillips the first week of June, 2008.

Ms. Linda Phillips called me on Friday, June 6, 2008, and said she had received our notice, and engaged me in a rather lengthy conversation enumerating her reasons for not being able to comply with our timeline for repairing the waterway to its original plan or submitting a new plan for modifying the waterway to a design favorable to her and compatible with our drainage code. Basically, Ms. Phillips expressed her feelings that someone else should delineate her property line, the markers for which I believe have been buried by several feet of fill caused to be placed by Ms. Phillips along and across her property line, into the drainage easement, and onto the Esche’s property. Ms. Phillips also expressed her feeling that someone besides an engineer hired by her should prepare the set of plans the Board is asking for to detail the work required to repair the ditch a condition comporting with our drainage code and rectify her unauthorized encroachment into the easement.

During our phone conversation, I reminded Ms. Phillips that I had explicitly explained to her sister, who had visited our office last September on Ms. Phillips’ behalf prior to ask us what Ms. Phillips could or couldn’t do to modify the waterway and the easement behind her house. In spite of spoken and written explanations including drawn details and copies of the original drainage plan provided by the County Surveyor, all of which gave reasonable cautions as to what could or could not happen within the drainage easement, Ms. Phillips proceeded to encroach or cause the encroachment of the drainage easement with earth fill, rip rap and other materials within the drainage easement without permission of this Board, and onto the Esche’s property without their consent, as I understand it.

Now, in response to my expressions both in the written and mailed notice, and during the telephone conversation Friday, June 6, 2008, upon her receipt of the notice that the County Drainage board fully expected a detailed plan of action from Ms. Phillips at this drainage board meeting, today, June 17, 2008, and that Ms. Phillips thereafter would have thirty (30) days to show measurable efforts to repair the encroachment, she repeatedly expressed that she would not be able to provide us with either a general plan of action or a detailed engineering plan to guide the completion of the necessary work.

On Monday, June 16, 2008, ten (10) days from her receipt of notice, Ms. Phillips or an agent of Ms. Phillips hand-delivered a note to the County Surveyor reinforcing her refusal to attend today’s meeting, along with a doctor’s excuse and a request to be notified of the next regular meeting of the board so she may plan to attend.

On two visits to the site since May 20, 2008, I noticed that the straw has been removed from the channel, but saw evidence that storm water run-off continues to back up to an extent that may indicate some degree of obstruction exists within the concrete pipe that takes the drainage into the street system. The excess earth fill, the rip rap, other materials placed into the easement and the general condition of the waterway remains the same as when Paul Esche brought his complaint to you on May 20^th .

(End of County Surveyor’s written comments insertion.)

Bill Jeffers: My next item is the request to develop construction plans for Hirsch Ditch and Stockfleth Ditch. Anyone that travels along Green River Road has noticed that INDOT has closed the road at Green River and Morgan to accomplish the intersection improvement. You’ll remember that INDOT determined that the culvert replacement could not be included in that improvement project without a minimum two year delay to move utilities, and possibly a 2012 bid letting date, due to state budgeting schedules. So, their alternative is to improve the culvert installation that exists there. We agreed on that. We hope that will lower the 100 year flood plain. However, it will not reduce it as far as a new culvert would have. So, now I’m asking the board to approve my proposal to move forward with the development of construction plans, based on the study and evaluation of East Side Urban drain recently completed by American Structure Point engineers, and develop a set of construction plans that I feel are needed to improve Hirsch Ditch where it joins with Stockfleth, along Norfolk Southern Railroad, parallel and south of Morgan Avenue, and midway between Green River and Burkhardt Road. The project would include the improvement of the ditch channel, the stabilization of the embankments, and the repair or replacement of a weir that supposedly built in 1981, regulates the amount of flow either to Hirsch Ditch west, or to Crawford-Brandeis extension north. I’ve talked with engineers about this, we visited the site together a couple of weeks ago, the engineers feel there is a potential for improving storm water conveyance and delivery in either direction, and thereby possibly reducing the flood hazard to your TIF district. We also noted some serious defects in certain railroad structures, the tressle and two culverts. We feel we should notify Norfolk Southern immediately to repair or remove those structures. So, right now, I’m simply asking you to approve the County Surveyor’s recommendation to move forward with our existing contract with American Structure Point to produce construction drawings for this project.

Commissioner Nix: Move approval.

Commissioner Korb: Second.

President Tornatta: So ordered.

Bill Jeffers: Thank you, sirs.

Commissioner Nix: Just real quick, Bill. I hate, we’ve been on for a while here, but is this going to, all these things combined, are we going to get what we need for the TIF out there, as far as elevations? Or do we still have some concerns? I know you had talked at one time, if we couldn’t do this that we were maybe going to go perpendicular to Morgan underneath and going another direction. Is that still a possibility?

Bill Jeffers: That’s what I’m looking at with what you just approved.

Commissioner Nix: As part of this–

Bill Jeffers: Yes, sir.

Commissioner Nix: –whole process? Okay.

Bill Jeffers: I’m looking at notifying the railroad that their tressle has some serious issues, and, hopefully, we can open that up. We can modify the weir there to send more water north. The flood plain on the north side of Morgan Avenue is two feet lower than it is in your TIF district. So, if we can find a way to open that up with these plans, hopefully, we can reduce that TIF district flood plain, I’m hoping another foot.

Commissioner Nix: Thank you.

Bill Jeffers: My last item is some claims to be paid. I must have put them in front of the Auditor’s seat. They are in a folder. It’s five claims for mowing ditches, and one claim for the emergency removal of a tree that fell into Pond Flat Lateral D just downstream of Ameriqual. I felt it was necessary to get that out before we backed water up into that plant. So, I just ordered the emergency removal of a tree for $200. The farmer went out there and sawed it up, hauled it off. I hope you’ll approve that as well.

Commissioner Nix: Move approval.

Commissioner Korb: Second.

President Tornatta: So ordered.

Bill Jeffers: Thank you for your indulgence, and I’m finished, unless you have any comments?

President Tornatta: Thank you for your time and information. Motion to adjourn?

Commissioner Nix: So moved.

Commissioner Korb: Second.

President Tornatta: So ordered.

(The meeting was adjourned at 6:41 p.m.)

Those in Attendance:

Troy Tornatta                            Bill Nix                                      Jeff Korb

Bill Jeffers                                 Ted C. Ziemer, Jr.          Madelyn Grayson

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Troy Tornatta, President

Bill Nix, Vice President

Jeff Korb, Member

(Recorded and transcribed by Madelyn Grayson.)