VANDERBURGH COUNTY

DRAINAGE BOARD

JUNE 28, 2005

The Vanderburgh County Drainage Board met in session this 28^th day of June, 2005 at 4:00 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: Call to order the June 28^th meeting of the Drainage Board.

President Musgrave: First on the agenda is the approval of the minutes of the previous meeting.

Commissioner Nix: Move approval.

Commissioner Crouch: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: That motion carries.

President Musgrave: We move to drainage plans. We have one on the agenda, Heartland Crossing, Section Three, preliminary plan. Mr. Jeffers?

Bill Jeffers: Heartland Crossing, Section Three is a continuation of the Haas Development on the west side, out on Hogue Road, near Eickhoff Road. It’s going to be mainly condominiums and some single family. This is a preliminary plan, which allows the primary plat to move forward to Area Plan Commission in the month of July. The County Surveyor has reviewed the plan, found it substantially comports with the drainage ordinance, and recommends approval of the preliminary plan for Heartland Crossing. Mr. Gary Yellig, who’s a professional engineer and land surveyor is here representing Haas Development. He stamped the plan.

President Musgrave: Is there anyone in the audience to speak to Heartland Crossing? I see no one.

Commissioner Nix: How much property does this take up, as far as acreage?

Bill Jeffers: That should be in the narrative. Gary, do you know off the top of your head?

Gary Yellig: Roughly (inaudible) acres.

President Musgrave: I’m going to have to ask you to come to the microphone and identify yourself, and say your answer for the record.

Gary Yellig: Hello, my name is Gary Yellig. I’m the engineer for the Haas family. To answer your question, the area of that project is roughly 25 and one half acres.

Commissioner Nix: Okay.

President Musgrave: Are there any other questions?

Commissioner Crouch: Are there any remonstrators?

President Musgrave: I asked for speakers and no one came forward. Is there a motion?

Commissioner Nix: Move approval.

Commissioner Crouch: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Thank you, Mr. Yellig.

Bill Jeffers: Thank you, Gary.

Gary Yellig: Thank you.

President Musgrave: Mr. Jeffers, we move to encroachment agreements.

Bill Jeffers: We’re awaiting a revised encroachment agreement to arrive in your chambers. It’s not here yet. If it doesn’t arrive in a timely fashion, or to your satisfaction, I would ask that you continue it for two weeks.

Bill Jeffers: The only other item that I have is claims for maintenance that’s been completed. I’m asking for payment of those contractors.

President Musgrave: Maintenance of the ditches?

Bill Jeffers: Yes, Ma’am.

President Musgrave: Okay, is there a motion to approve the claims?

Commissioner Nix: So moved.

Commissioner Crouch: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: That motion carries.

President Musgrave: We have a line on our agenda for public comment, if there is any public here to comment. I see no one.

President Musgrave: You say that we have no payments to receive or other maintenance contracts?

Bill Jeffers: I believe Madelyn Grayson has a payment from Marina Pointe for a lease of a portion of Eagle Slough that they also maintain for us by dredging. I would recommend you simply receive that and put it into the Eagle Slough account, or the general drainage account, whichever you prefer.

President Musgrave: Do we need a motion on that? Or do we just receive it?

Bill Jeffers: I would–

President Musgrave: Just receive it?

Bill Jeffers: –it’s an annual thing. I would just receive it and put it in the appropriate, have the Auditor put it in the appropriate account.

President Musgrave: Is there any other business to come before the Drainage Board today?

Bill Jeffers: I have no other business, except to ask you for an extension of the encroachment agreement that I anticipated being here.

President Musgrave: So, two weeks from today would be the 12^th.

Bill Jeffers: Unless that conflicts with a long meeting of yours.

President Musgrave: It’s hard to say at this point. That’s the day that we have Solid Waste. Do the Commissioners have any problem hearing this during our regular Commission meeting at the end of the agenda?

Commissioner Nix: None whatsoever.

President Musgrave: Alright, do we have a motion?

Bill Jeffers: Your motion would be to continue this meeting, rather than to adjourn, and set a date for the completion of this business. That way you don’t have to advertise.

President Musgrave: Okay. Is there a motion?

Commissioner Nix: So moved.

Commissioner Crouch: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: We are adjourned. I didn’t mean adjourned, but recessed.

Bill Jeffers: The record shows that you’re recessed, thank you.

President Musgrave: Thank you, sir.

(The meeting was recessed at 4:05 p.m.)

VANDERBURGH COUNTY

DRAINAGE BOARD

JULY 12, 2005

The Vanderburgh County Drainage Board meeting from June 28, 2005 was reconvened July 12, 2005 at 4:15 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: Call to order the continuation of the Drainage Board meeting from, was it last week, Mr. Jeffers?

Commissioner Crouch: Two weeks ago.

President Musgrave: Two weeks ago.

Bill Jeffers: Yes.

President Musgrave: Mr. Jeffers, you have the floor.

Bill Jeffers: Thank you. Our only item of business in this continuation is to complete the consideration of this drainage easement encroachment agreement that’s on your desk, prepared by Keith Poff, Professional Engineer, here in the audience, on behalf of Shannon Sullivan, 1008 Wyngate Court. That is in Cypress Creek Subdivision on Hillsdale Road. On the last page of this agreement you will find what we call exhibit A, exhibit B, and exhibit C, that shows the layout of Mr. Shannon’s property behind his home, his existing home. He would like to build a pool, a swimming pool. The swimming pool, by necessity, would have to encroach into a drainage easement, as shown on that exhibit. The lines directly adjacent to the pool represent an open channel that drains a 21 inch pipe over to the detention basin, which is the large open area shown as a depression. There’s a cross section labeled “A” “A” across the channel and across the pool area. If you look up here where it says cross section, you’ll see that the water never will exceed the banks of this channel during a heavy flow that was calculated by Mr. Poff as part of the drainage plan. The pool will not be inundated by the flow in that channel, unless there would be some extreme condition or obstruction somewhere else. The drainage easement encroachment agreement is the standard form prepared by our legal staff.

President Musgrave: Who is your legal staff?

Bill Jeffers: In this case, this instrument is indicated as being prepared by Ted C. Ziemer, Jr, County Attorney.

President Musgrave: Which page does it say that?

Ted C. Ziemer, Jr.: I did that for a previous drainage encroachment that we had.

Bill Jeffers: Right. Oh, oh, I’m sorry, the form, the text of the form, in it’s blank condition was prepared by our attorney. Mr. Shannon Sullivan filled out the form, signed the form, had it notarized by Martha R. Jordan, and if your attorney finds the form to be in good order, the County Surveyor recommends that we approve this form, and have it recorded.

President Musgrave: Are you representing the Sullivan’s? Or are they here representing themselves?

Bill Jeffers: The Sullivan’s are represented tonight by Mr. Keith Poff, their engineer.

President Musgrave: Oh. He’s not an attorney.

Commissioner Nix: He’s an engineer.

President Musgrave: So, he’s not actually representing the Sullivan’s, he’s just here to discuss the engineering details of the plan that’s attached?

Bill Jeffers: He prepared the plan that’s attached.

President Musgrave: Okay.

Bill Jeffers: That’s correct. He prepared that, and certifies that plan.

President Musgrave: Alright, but he does not represent the Sullivan’s legally?

Bill Jeffers: No, Ma’am.

President Musgrave: Okay, are there any questions about the plan? Is there any issue with the legal form of the document?

Ted C. Ziemer, Jr.: No, since I prepared it, I think it’s great.

President Musgrave: I just wanted to make sure it was okay. Any motion?

Commissioner Nix: I would like to make a motion that we approve it.

Commissioner Crouch: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Thank you, sir.

Bill Jeffers: Thank you.

President Musgrave: Is there any other business to be heard by the Drainage Board?

Bill Jeffers: That is all the business that we continued.

Commissioner Crouch: Motion to adjourn.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: That motion carries. Thank you.

(The meeting was adjourned at 4:20 p.m.)

         Those in Attendance:

         Cheryl Musgrave                      Bill Nix                            Suzanne Crouch

         Bill Jeffers                                 Ted C. Ziemer, Jr.          Madelyn Grayson

         Gary Yellig                                Others Unidentified         Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Cheryl A.W. Musgrave, President

Bill Nix, Vice President

Suzanne M. Crouch, Member

Recorded and transcribed by Madelyn Grayson.