VANDERBURGH COUNTY

DRAINAGE BOARD

MARCH 22, 2005

The Vanderburgh County Drainage Board met in session this 22^nd day of March, 2005 at 4:04 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: I would like to call to order the March 22^nd meeting of the Vanderburgh County Drainage Board.

President Musgrave: The first item on our agenda is the approval of the minutes of the previous meeting.

Commissioner Crouch: Move approval.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: That is approved.

President Musgrave: Now we are to open bids for the annual maintenance of regulated drains. Do I hear a motion?

Commissioner Crouch: I move opening bids for the annual maintenance of the regulated drains.

Commissioner Nix: Second.

President Musgrave: Any discussion? All those in favor?

All Commissioners: Aye.

President Musgrave: That is approved. If you will go ahead and begin the opening of the bids. Are there plans that we can discuss while the bids are being opened?

Bill Jeffers: Well, sure, there’s always plans to discuss.

President Musgrave: Shall we start with McCutchan Estates, Section III, final plan?

Bill Jeffers: Let’s do. McCutchan Estates, Section III is an expansion of an existing residential development commonly known as Ashmore Estates, located west of Old Petersburg Road, north of Heinlein Road in the McCutchanville neighborhood north of the airport. The approval of this final drainage plan for McCutchan Estates, Section III will allow the recording of the subdivision plat and the issuance of building permits for 17 new homes. The final drainage plan substantially conforms to the county drainage code. The County Surveyor recommends approval of the plan. The design engineer representing the developer is available at this time. The board may wish to ask for public comment before voting on approval.

President Musgrave: Is there anyone to speak to the McCutchan Estates, Section III, final drainage plan? If you would, state your name and address when you come to the microphone.

Glen Merritt: My name is Glen Merritt with Morley and Associates. I would be happy to answer any questions that you may have.

President Musgrave: Are there any questions? Is any member of the public to speak to these plans? I see none. Is there a motion?

Commissioner Crouch: I’ll move approval of McCutchan Estates, Section III, final drainage plan.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: That motion carries.

Glen Merritt: Thank you.

President Musgrave: Thank you, sir.

President Musgrave: Mr. Jeffers.

Bill Jeffers: Okay, our next subdivision is CMH Subdivision. Here is a copy of the plan if any members of the board would like to look at it. It’s an expansion of the commercial use, southward from Rusher Road, or Rusher Creek Road, on the west side of U.S. 41, up at the I-164 interchange. The proposed use is a modular home display area. The approval of the final drainage plan for CMH Subdivision, which is up on the screen for those who would like to look at it that way, allow for the recording of the subdivision plat and the issuance of building permits based on Area Plan Commission’s site review approval of the site improvement plans. That’s in the process right now. The final drainage plan substantially conforms to the county drainage code, and the County Surveyor recommends approval of the plan. The design engineer representing the developer is available at this time. The board may wish to ask for public comment before voting on the approval.

President Musgrave: Is the engineer present?

Matt Wallace: My name is Matt Wallace. I work for Morley and Associates. I’m representative to the developer. I would be happy to answer any questions, if you have any.

President Musgrave: Are there any questions? Is there any member of the public here to speak to CMH Subdivision, final drainage plan. I see no one.

Commissioner Crouch: I’ll move approval of the CMH Subdivision final drainage plan.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

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

Matt Wallace: Thank you.

Bill Jeffers: Our next drainage plan to consider is 7000 Pollack Avenue Condominiums. It’s a final drainage plan. Here’s a hard copy if the members of the board would like to look at it. I don’t have an aerial photograph to show you on the screen for this one, but I do have the area map in your packet showing you the location. This is immediately south of I-164, west of Chickasaw Park Subdivision, and north of the Angel Mounds area. This is out near the corner of Pollack and Fuquay Road.

Commissioner Nix: Fuquay?

Bill Jeffers: Approval of this final drainage plan will allow for the issuance of, no, hold on a second. Approval of this final drainage plan will allow for a building permit to be issued for the construction of the condominiums in accordance with the site improvement plans from Area Plan Commission. The final drainage plan substantially conforms to the county drainage code, and the County Surveyor recommends approval of the plan. The design engineer and the developer are both here and available at this time. The board may wish to ask for public comment before voting on the approval.

President Musgrave: If the engineer would come forward.

Lee McClellan: I am Lee McClellan with Morley and Associates, 230 Second Street, Henderson, Kentucky. I can answer any questions that you have. With me also this evening is John Mattingly with John Mattingly Homes, the developer of the 24 unit condominium project.

President Musgrave: The only question that I have is why there was no aerial photograph available of this?

Bill Jeffers: I just didn’t pull one up on this one.

President Musgrave: Okay. Are there any other questions? Is there any member of the public here to speak to this condominium project? I see no one. Is there a motion?

Commissioner Nix: I make a motion that we approve.

Commissioner Crouch: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

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

Lee McClellan: Thank you.

President Musgrave: Mr. Jeffers?

Bill Jeffers: Okay, we do have aerial photographs on most of them today, but we’re trying to accommodate the board with those. I just haven’t gotten my procedures all, all my ducks in a row just yet.

President Musgrave: I understand.

Bill Jeffers: We’re getting there though.

President Musgrave: Okay.

Bill Jeffers: Heritage Park, Phase II is a final drainage plan. It’s an expansion to the east of the commercial development of the Lant Davis property at the southeast corner of Lynch Road and Green River Road, north of the new Schnuck’s market and across the street from Evansville Day School. Approval of the final drainage plan for Heritage Park, Phase II is one of the final steps towards recording the subdivision plats and issuing building permits based on Area Plan Commission’s site review process, for the seven individual lots within this subdivision. At this time the final plan lacks specific detail, excuse me while I pass the plan down for the board members to look at. It lacks specific details that are required by the county drainage code. The County Surveyor has notified the design engineer who is here this evening regarding these required details. The developer wishes to proceed as quickly as possible towards approval of the plan, therefore, the County Surveyor recommends that the board continue this hearing of the final drainage plan for Heritage Park, Phase II by reconvening the meeting on April 5, 2005 for the purpose of completing this and other unfinished business. The reason I say that is the design engineer has indicated that he may be able to complete the required work in the next two weeks, and at the end of this meeting I’m going to ask that the board continue the meeting for two weeks for the purpose of examining these submitted bids, and coming back to you with recommendations for letting the contracts. That’s standard procedure every year to do that, take them under advisement for two weeks. So, if you allow the continuance of this meeting to be reconvened on April 5, 2005 for that purpose, I would ask that you also consider any unfinished drainage plans at that time that were presented at this meeting.

Commissioner Crouch: I’ll go ahead and make a motion at this time that we reconvene on April 5^th for purposes of awarding the bids, and examining or hearing from Heritage Park, Phase II again.

Commissioner Nix: Second.

President Musgrave: Any discussion? All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. I do have a question on this, it says it’s seven lots, do you mean these?

Bill Jeffers: Yes, ma’am.

President Musgrave: Because there’s more than seven lots.

Bill Jeffers: Okay, it’s the seven most eastern lots.

President Musgrave: Okay.

Bill Jeffers: The one, two, three, four, five, six, the seven lots you see to the west are Heritage Park, Phase I.

President Musgrave: Okay.

Bill Jeffers: We didn’t label that area Heritage Park, Phase II. We put the label over here where Schnuck’s is, because we didn’t want to interfere with the layout, you know, confuse you with the layout there. Phase II that we’re considering tonight is the seven most eastern lots on....oh, they gave me this to use. Here we go.

President Musgrave: Wow, ooh.

Bill Jeffers: Lot one, two, three, four, five, six, and seven, right there.

President Musgrave: Okay.

Bill Jeffers: This area over here is Phase I. It’s already under construction. Black Buggy will go right there. First Federal submitted a plan for this lot here. Schnuck’s is down here, and then these are all apartments.

President Musgrave: Alright. Moving on to the Metro Village, modified final plan.

Bill Jeffers: Before we move on, I’m getting to like this. I’m glad you suggested this, Ms. Musgrave. I like this whole idea here.

Bill Jeffers: Okay, Metro Village modified final drainage plan. Metro Village is a proposed development of lots five and lot six of Metro Center East, which, oh, let me pass the hard copy down to take a look at while I’m talking. Metro Center East, which is a commercial development located on the south side of Virginia Street, east of Metro Avenue, north of Lloyd Expressway, and west of Burkhardt Road. That’s a bookstore, that’s our Stockfleth Ditch that runs right here, Nagasaki Inn and some of those other developments over on this side of the road, and Expressway Dodge is over this way, about right there. To satisfy parking and other site planning considerations the plan requires the encroachment of the statutory right-of-entry for Stockfleth Ditch, a regulated drain in Vanderburgh County. The developer offers an encroachment agreement, prepared on the approved county legal form, ready for recording. The County Surveyor will recommend approval of the encroachment agreement a little later in this meeting, where the agenda indicates such an action. The plan is a modification of a previously approved final plan for Metro Center East. At this time the modified final drainage plan for Metro Center lacks just a few small details required by the county drainage code. The Surveyor has notified the design engineer, Mr. Matt Wallace, who is here tonight, regarding the need for these certain details. They are related to the installation of the pollution control measures and the long term maintenance of some underground storm water detention. I’m just asking for a maintenance report and some other details. The County Surveyor recommends that the board preliminarily approve this modified plan for Metro Village at this time, and continue the hearing of this plan when the board reconvenes to finish other business on April 5, 2005, at which time Matt Wallace has indicated that he will have those details available for us.

Commissioner Crouch: I’ll make a motion that we continue, preliminarily approve this, and continue it’s hearing to our meeting on April 5^th.

Commissioner Nix: Second.

President Musgrave: Any discussion? All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. We move now to Q-Comm Realty.

Bill Jeffers: Q-Comm Realty is lot seven, otherwise known as a parcel within Heritage Park, Phase II, which we just considered. The Q-Comm plan as designed depends on the overall drainage plan for Heritage Park, Phase II. Since the review and approval process for the overall plan is continued for two weeks, the County Surveyor recommends the continuation of Q-Comm’s submittal for lot seven until the same time. Q-Comm is located right there, that’s lot seven. It’s accessed by this road. That’s Lynch Road on the north. This is one of the accesses, and the other one is out here on Green River. The County Surveyor has notified the appropriate representatives of Q-Comm project that Q-Comm Realty may either present a sufficient drainage plan that stands alone, without depending upon the overall plan for Heritage Park. Or, they may wait for the board’s approval of Heritage Park, Phase II, if Q-Comm wants to drain through that system. Right now there’s a large borrow pit along the south line that was dug out here in the last several months. They plan on using that for detention, and then a ditch would run the water out here to Lynch Road right-of-way. Q-Comm plans on draining all their property into that basin, and that’s what’s holding up the approval process, because there’s some unstable soils out in that basin that need to be addressed sufficiently. Now, if Q-Comm were to take all their property and drain it to a detention facility either under the parking lot or up here, and then out to, you know, independent of this drainage basin, they may do that, or they may wait for Phase II to be approved and drain to that plan, through their plan. In either case the County Surveyor recommends the board extend the hearing of the Q-Comm Realty plan for two weeks, and reconvene on April 5^th to reconsider that.

Commissioner Crouch: I’ll make a motion that we continue Q-Comm’s submitted plan until April 5^th.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: That motion carries. We move now to the add-on, AQ Realty, lots 14 and 16.

Bill Jeffers: Now, what happened this month is that I had reviewed all the plans that you have before you tonight, and had sent out notices indicating what details should come back in, and I gave them a deadline of Monday at noon. Knowing what those details would have been, I could have reviewed everything Monday and today, and that’s why we’re having these continuations because those details did not come in, but since they were already on the published agenda, we’re moving forward. In order not to prolong economic development during construction season, we want them to get started in a timely fashion. That’s why I’m asking for these continuances. This one is not going to require a continuance. Here’s the plan in hard copy. I don’t have an aerial photograph to show you on this one, but I do have a hard copy in your packet showing you that AQ Realty is located on lots 14 and lot 16, Cross Pointe, Section Three. It’s a modified final drainage plan, meaning that the board has already approved the final drainage plan, and this is a minor modification. The plan was added to the agenda after the agenda’s publication, but ahead of the deadline set by the County Surveyor for Monday noon. AQ Realty is located on the west side of Cross Pointe Boulevard north of the Lloyd Expressway and kind of behind O’Charley’s. The previously approved final drainage plan has been modified to remove some driveways and other structures around the back side of the building and now does not require the encroachment into the drainage easement, as previously planned, or the enlargement of the existing detention basin, as previously approved. The board’s approval of the modified final drainage plan for AQ Realty will allow for the issuance of building permit based on Area Plan Commission’s commercial site review approval of the site improvement plan for the project, which is on their table at this time. The plan conforms to the county drainage code. The County Surveyor recommends approval. The design engineer is available. The board may wish to ask for public comment before voting on the approval.

President Musgrave: If the engineer can come to the podium. State your name for the record.

Jon Kipling: I’m Jon Kipling working with Morley and Associates.

President Musgrave: Are there any questions? Is there any public comment? I see none.

Commissioner Crouch: Motion to approve AQ Realty the final drainage plan.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We now move on to encroachment agreements.

Bill Jeffers: Tonight we have two encroachment agreements. I’m going to give you a copy of the first one. Matt Wallace has the official original, along with a check for the cost of the recording. What I’m passing here across the table is the exhibits that go with it to show you where it’s located. It’s Metro Village, we previously talked about the plan. It’s lot five and lot six Metro Center East. The developer asked the board to allow the encroachment of the right-of-entry of Stockfleth Ditch, with certain permanent structures as shown on the submitted documents, a copy of which I’ve passed down the table. This is to allow the development of a commercial building shown on those documents. I’ve included the state statute in the packet, directly above the page that I’m discussing now. Stockfleth Ditch is a regulated drain in Vanderburgh County. Indiana Code 36-9-27, section 33 allows private property owners to place permanent structures within right-of-entry with the written permission of the board so long as the use is consistent with the code and does not interfere with proper operation of the drain. The board has approved a form of the agreement by which the property owner indemnifies and insures the county against any loss or damage that may occur as a result of the encroachment. The property owner and the developer of Metro Village submits his agreement, ready for recording, I believe Matt Wallace has it with him at this time. The County Surveyor recommends the board approve the agreement, and that that agreement will constitute written permission to encroach the right-of-way.

President Musgrave: The right-of-way?

Bill Jeffers: The right-of-entry, excuse me.

President Musgrave: Thank you. Is there any questions or discussion?

Commissioner Crouch: Seeing none, I’ll move–

Matt Wallace: I would like....could I interject something? I’m sorry.

Commissioner Crouch: Make it quick.

Matt Wallace: I have the agreement and the check for the recording. The developer was supposed to meet me here. Oh, I’m sorry, that’s my boss. He was supposed to meet me here, with the changing of the time and the date, he recognized that the date had changed for the meeting to Tuesday, but he thought it started at 5:00. So, he’s on his way. So, it’s not signed, but I am waiting for him to arrive. If you would like to continue this along with the final approval of the plan to the next meeting, that’s fine with me. But, I don’t actually have a signed agreement right this second.

President Musgrave: Do you just want to step aside, and perhaps he’ll show up by the time the meeting is over?

Matt Wallace: That would be great. I just didn’t want for you to go too far before I actually had a signed agreement.

President Musgrave: Alright.

Matt Wallace: But, he is on his way, so I’m told.

President Musgrave: Well, we have a few more things to do.

Matt Wallace: Great.

President Musgrave: So, just hang back–

Matt Wallace: Okay.

President Musgrave: –and we’ll move on to Royal Car Wash, lot 20, Eagle Plaza.

Bill Jeffers: Okay, this is another one represented by Matt Wallace, standing before you at the podium. Royal Car Wash, I’m passing down the exhibit for you to look at, is lot 20 in Eagle Plaza Subdivision. The owner of lot 20, Eagle Plaza Subdivsion, which is on Pearl Drive south of the Lloyd Expressway between Red Bank Road and Boehne Camp Road, requests that the board approve an encroachment agreement to allow the construction of a parking lot across part of a 40 foot wide drainage easement along the west line of lot 20. The owner submits a properly completed, I hope–

Matt Wallace: Yes.

Bill Jeffers: – easement encroachment agreement ready for recording. The board has already approved a similar agreement for Fifth Third Bank on the adjoining lot 21. The County Surveyor recommends approval of the easement encroachment agreement for Royal Car Wash, Red Bank Development LLC, lot 20, Eagle Plaza Subdivision.

President Musgrave: Are there any questions? Any discussion?

Commissioner Crouch: Seeing none, I will move approval of the easement encroachment for Royal Car Wash.

Commissioner Nix: Second.

President Musgrave: Thank you.

Commissioner Crouch: Aye.

President Musgrave: Oh, all those in favor?

All Commissioners: Aye.

President Musgrave: Sorry. That ends–

Bill Jeffers: Then those are going to require, does that require a Surveyor’s signature?

Madelyn Grayson: The Auditor and the attorney.

Bill Jeffers: Auditor and attorney, okay. These agreements that are...the one that you are waiting for the owner and this one require your signatures, the Auditor’s and the County Attorney, before recording. Thank you.

Matt Wallace: I do have the developer here for the Metro Village as well now. I can have that signed here in a moment and notarized.

Commissioner Crouch: With that, I’ll move approval of the Metro Village encroachment agreement.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: That is approved.

Matt Wallace: Thank you.

President Musgrave: Is there any public comment at this time? I see none. Are there any claims?

Bill Jeffers: Before we move to claims–

Commissioner Nix: I think we’ve got somebody coming up.

President Musgrave: Are you here for public comment? No?

Bill Jeffers: Mr. Gillies, did you want to make a comment?

Don Gillies: I’m sorry. (Inaudible). Okay, yes, I do.

President Musgrave: Please come forward.

Bill Jeffers: Mr. Gillies thought that the public comment that we were asking for regarded Metro Village, I believe.

President Musgrave: Oh, I’m sorry for not making that more clear.

Don Gillies: I thought that you were asking for comment on the other.

President Musgrave: Please state your name and address for the record.

Don Gillies: Yes, my name is Don Gillies. I am president of a condominium association within the Oak Meadow Subdivision. I’m sorry I didn’t have the photographs that you have here, but the GIS system was unavailable for our particular area. Also, I don’t have the pictures and everything, but please allow me to share with you this map that I will be talking about. Okay, does that look pretty professional?

Bill Jeffers: That looks good to me, Mr. Gillies. Do we have any tape, or?

Don Gillies: No, I’m fine. Oh, you’re going to hold it? Okay, thank you.

Bill Jeffers: An easel maybe.

Don Gillies: Thank you. Okay.

President Musgrave: Thank you, Brenda.

Don Gillies: Allow me to please refresh or state the problems here. In 1986 National City Bank put a ditch through the center of this condominium association to divert water that was flowing from the western edge down into our particular condominium group. This was to prevent further flooding under the condominium complex known as phase three. That’s the one that I represent. This land was then purchased by Bauer Homes. On June 10, 1993, the officers of phase three met with Keith Poff of Morley and Associates at the direction of Bauer Homes. This was to discuss our concern of any change in land slope that would promote the runoff water from, again, flooding on to the eastern boundary of the buildings, which is this area here. As the building progressed, the ditch became filled with debris and mud. This allowed the runoff water again to jump the ditch, and again flood the back of the condominiums. The slope of the land was also changed significantly to allow the water velocity to increase greatly. Not only causing flooding, but also causing erosion. The runoff water is not only rain water, but is now also the in ground sprinkling system. In 2002, at the prodding of Mike Wathen, Bauer Homes cleared the ditch. We informed Mr. Wathen that we would see how the ditch would hold up and let him know if there were any particular problems. In March 2004 we felt the water problem was once again intolerable. This is when we contacted Mr. Jeffers, who guided us through the Drainage Board in hopes at arriving at a satisfactory solution. As for phase three, we have done all that we know how to do. We have spent thousands of dollars putting in french drains, cement troughs that served as mini aqueduct. I personally have spent over $2,500 to raise the level of my backyard. We fixed down spouts and drains, put in gutter guards, and took other means to prevent excess surface water. However, the cascading water has not only created a mass of mud, but has also scoured the land, which has caused, for example, the cement slab holding the electrical transformers to drop off on one end. It has also bared the cables used by cable t.v. Drawings from Morley and Associates that were dated and approved in June 1994 show that the drainage concerns for this land had offered a retention pond as part of a possible solution. However, the pond was never put in, nor was there ever another drainage plan submitted for approval. We have discussed this problem with the Drainage Board several times, the last of which was September 27, 2004. I’ll just quickly read for you a couple of the statements from that meeting.

“Don Gillies: What you’re telling me then is that the maintenance of that ditch, and the cleanliness of it, or cleaning it out or fixing it is the responsibility of the owner of the land that that ditch is on? President Mosby: Yes. Bill Jeffers: That’s correct now, and that has always been correct. From day one it has always been the responsibility of the property owner to maintain and repair the drainage facilities in a condominium and/or apartment project. Don Gillies: Okay, that is fine, then, because that is not on our land. Bill Jeffers: Okay. Don Gillies: That is on their land. Bill Jeffers: Yes, sir. The determination of who’s land it’s on would be the responsibility of whoever is interested in finding out. You know, if there’s any question as to where the property line is– President Mosby: Right. Bill Jeffers: –that would be up to the person who is interested in discovering that.”

Don Gillies: At that time Mr. Bauer spoke.

“Buddy Bauer: I might have done my condo owners a disservice, because during the construction process, or trying to build these units, I know that we made a conscious effort to enlarge the ditch, and we did it on our property, because we wanted to save the trees. So, I think they would say we would be happy to maintain it as long as we, the trees are not going to be taken down. Finally, I think, I would suggest that there is nothing that precludes Mr. Gillies from putting another small ditch in his backyard that might possibly, you know, be another conduit to take water to the north off of Oak Meadow. Maybe the two of them together would work in severe situations. President Mosby: One more comment. Don Gillies: When I got the new plans and drawings, I talked to Mr. Danny Leek over at Morley and Associates, and he said he was quite familiar with what was going on, and he saw, in fact, he helped us with the plans. His comment was, it would be extremely easy just to clean one side of that ditch, put some rip rap in, and he said that would slow down the velocity and help carry it north. Bill Jeffers: Yeah, I agree with Danny Leek’s assessment. That would have been something we had talked about earlier that one, I would say the side facing Mr. Gillies property could be improved and the embankment built up or reinforced with rip rap would probably serve to keep the water in the ditch. I believe that is something we had proposed at one time, some time ago.”

President Musgrave: Brenda, you can just. Yeah.

Don Gillies: I’m sorry, you don’t have to....her poor arms are going to fall.

President Musgrave: Thank you.

Don Gillies: (Continues reading from the 9/27/04 Drainage Board minutes.)

“President Mosby: So, Bill, do we need a motion here? Bill Jeffers: I don’t believe so. I think we’re just acting as a listening post or sounding board at this time, unless you have some direction. In other words, you as County Commissioners can direct Mike Wathen from the Engineer’s office, or Bill Jeffers from the County Surveyor’s office to continue to investigate and report to you, with permission from the landowners to enter on their property. Or you can make a motion at your pleasure. President Mosby: Do you have any suggestions? Okay. There is no motion at this time.”

Don Gillies: And that was the conclusion. Since that time, phase three has had the land surveyed and shown that, without a doubt, the ditch is on the land owned by Bauer Homes. Therefore, my purpose this evening is that I am asking, or pleading, with the Vanderburgh County Drainage Board to use their office to have the ditch cleaned and put in a condition to prevent further build up or amplification of water velocity in or out of the ditch. We want to be able to mow our lawns, not shovel and sweep mud and debris. Thank you.

Commissioner Crouch: I guess, my question is, I guess, is that something legally the Drainage Board can do? Is that within our powers and authority? The action he’s requesting?

President Musgrave: I don’t know the answer to that.

Kathryn Daniel: That’s something that our office can look into. I don’t know off the top of my head, but we’ll be happy to look into that.

Commissioner Nix: I guess, you had mentioned something about a detention pond–

Don Gillies: I’m sorry. I am very hard of hearing.

Commissioner Nix: You’d mentioned something about a detention pond and some drawings that Morley had generated.

Don Gillies: Yes, sir.

Commissioner Nix: What, where did those drawings go, or what was that, was that part of a plan when this was developed at the time?

Don Gillies: Yes, sir. That was the plan that was submitted back at that particular time. It was not followed through.

Commissioner Nix: So, in other words–

Don Gillies: I believe it was pointed out later to Mr. Jeffers why it wasn’t followed through. I don’t think there was any big deal. But, the thing was, is that the plan offered or showed that there was concern over the drainage that was coming down off of those particular slopes.

Commissioner Nix: Well, I guess, the concern that I have is if these were approved plans, which, were they, Bill? That you remember? This has been some time back, I’m sure that it may take some recollection here, but.

Bill Jeffers: Well, before we get into that, what exactly was the request again? The Drainage Board to do what?

Don Gillies: All I had asked the board, I would like the board to do is to make a motion to have Bauer Homes take the responsibility of cleaning the ditch, and keeping it in some type of order, that this doesn’t happen again.

Bill Jeffers: So, you’re asking for a motion to order Bauer Homes to clean the ditch and then perform long term maintenance?

Don Gillies: Yes, sir.

Bill Jeffers: Okay. If you’ll look at the last page of the packet that I gave you, I was instructed by the County Drainage Board in 2004 to write this letter to Mr. Bauer. That record is surely part of the, or this letter is surely part of the record, so, you can refer to the minutes of the Drainage Board meeting to find it. Or you can read it at your leisure. But, it basically says that I was asked to send this letter conveying the board’s requirement that Bauer Homes complete, or cause to be completed the grating and drainage plan for Oak Meadow Condominiums. Now, Mr. Nix’s question is, this grating and drainage plan for Oak Meadow Condominiums, what was the action taken on it by the Drainage Board. To my knowledge, the Drainage Board never acted on that plan originally, because in the spring of 1994 when that plan was submitted to Area Plan Commission, under the review procedures that existed in 1994, condominiums and apartments were reviewed as site plans and subdivision plans if they established over, I think, six or eight units. But, the County Surveyor was not part of the review process for these plans. To my knowledge these plans, which I have just a little portion of them in your packet, above public comment here. You’ll see the detention basin that Mr. Gillies is referring to. It says lake, that’s the pond he’s talking about.

Commissioner Nix: Where is that in relationship–

Bill Jeffers: Those plans are in Area Plan Commission’s file. They are filed under 11700 Oak Meadow, under an address. They are in the Area Plan Commission’s file under 11700 Oak Meadow. You’ll see that they do not carry the County Surveyor’s signature as having reviewed them. What you’ll see on there, the ditch that Mr. Gillies is referring to I have highlighted in pink, it flows past that lake, that proposed lake and doesn’t enter that lake. But, what that lake does is intercept a lot of the storm water drainage that comes down the hills off the condominium units before it arrives at that ditch. Mr. Gillies property I’ve highlighted in yellow. It shows you that he is downhill, as he has pointed out, of all this new development. Now, subsequently to sending Mr. Bauer this letter expressing that the Drainage Board in 2004 wanted him to finish this plan and clean that ditch out, Mr. Bauer informed me that he no longer, or Bauer Homes no longer owns that condominium lot. That it is now under the ownership and responsibility of the condominium association for that lot. So, that’s where the communication or the desire of the board kind of broke down. In other words, at this point in time, according to Mr. Bauer, he has transferred all responsibility, as you pointed out, back in 2002 he did clean the ditch out. Subsequent to cleaning the ditch out in 2002, he transferred all ownership and responsibility for the long term maintenance of that ditch to the condominium association on his side of the line, which is a different condominium association that yours, or Mr. Gillies’ here. Mr. Bauer also told me that the reason they didn’t put that pond in is that someone made the decision that the property owner, or property owners within the condominium area would prefer that that area remain as a meadow, or possibly a flower garden, something like that.

Commissioner Nix: Do you know, was that ever documented? I understand your department didn’t have anything to do with this, but was that documented with someone or somebody?

Bill Jeffers: Not to my knowledge, Mr. Nix.

Commissioner Nix: So, they just took it on their own not to put this in?

Bill Jeffers: That’s my understanding, yes.

Don Gillies: Can I comment? I am also the treasurer for the Oak Meadow Homeowners Association, which is the master group over this. The account is being paid on the Bauer Homes checks still. Now, what he has done is allowed one of the people who live within the organization, appointed her a treasurer, and she signed them, but they are still Bauer Homes checks. So, I’m not quite sure that that’s totally accurate, that he is out of it. According to the Assessor’s office, he still owns it.

President Musgrave: I’m looking at the Assessor’s website right now, and I really can’t tell where that is. Could you come here please and show me.

Madelyn Grayson: May we make a tape change first?

President Musgrave: Yes, while he comes forward.

(Tape change)

President Musgrave: Hang on, she’ll get mad. Oh, wait.

Bill Jeffers: I’ve never seen you mad.

Don Gillies: This is our phase right here.

President Musgrave: Okay.

Don Gillies: He’s back up in here.

President Musgrave: Well, the Assessor is showing this entire area being owned by the Oak Meadow Lodge LLC.

Don Gillies: The Oak Meadow Lodge only owns the lodge that is right up near the golf course.

President Musgrave: Okay, so, the Assessor’s records are not reflecting that.

Bill Jeffers: Well, it’s been my experience that these LLC’s have sometimes complicated inter–

President Musgrave: Yeah, they do.

Commissioner Crouch: Is it possible for County Attorney, Ted Ziemer, who’s not, he’s on vacation, perhaps if he could sit down with you and Mr. Jeffers and see if there’s any legal recourse that this board has. That’s really what, you know, we want to do what we can provided that is, you know, something we can do within our legal right. I think we could, you know, that’s what we need to know.

Commissioner Nix: What is where the lake is now?

Don Gillies: I’m sorry, sir?

Commissioner Nix: The lake, where they show this lake here, what’s there now?

Don Gillies: It’s like a flower garden.

Commissioner Nix: Okay, it hasn’t been occupied or anything?

Don Gillies: No, sir.

President Musgrave: Mr. Ziemer will be back in two weeks, I think?

Commissioner Crouch: April 4^th.

President Musgrave: April 4^th, would a meeting with him during that week perhaps be timely enough? Then we can consider you in the April meeting?

Don Gillies: Sure, I’ll come to all your meetings. I mean, I’ve really just got to get this fixed. This is a mess. As I say, I personally have spent a lot of money. Our condominium phase has spent a lot of money. It’s going nowhere. I’ve got photos I can show you that we took just recently of the ditch being filled to the top. There is no drain at the end of the ditch like there was supposed to be. They said there was. I’ve got all kinds of photos to show all that to anybody who would like to sit and see them.

Commissioner Crouch: Could, Ms. Daniels, could you coordinate, or let Mr. Ziemer know, and maybe get a meeting set up with Mr. Gillies and Mr. Jeffers when he returns to see legally what we need to do? And what we can do?

Don Gillies: Yeah.

President Musgrave: I’ll tentatively put you on my notes for the April 26^th Drainage Board meeting. Mr. Jeffers, if you could tentatively write that down as pending.

Bill Jeffers: Yes, ma’am. I’ll add Mr. Gillies to the April 26^th Drainage Board meeting. You’re on the agenda, sir.

President Musgrave: Thank you.

Don Gillies: Thank you very much. I appreciate it.

President Musgrave: Well, it looks like we are ready to read bids into the record.

Bill Jeffers: Do you want to, excuse me, pardon me for interrupting, but would you like to just refer to these claims? They are all in order, and we need to pay those.

Commissioner Crouch: I’ll make a motion to sign claims.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: That motion carries.

President Musgrave: Do we need to read the individual bids into the record? Or just submit them for the record?

Bill Jeffers: In past years the attorney’s preferred to read them into the record individually. However, I’m not sure if that’s a legal requirement.

Commissioner Crouch: Are we required to?

Kathryn Daniel: I don’t know off the top of my head.

Bill Jeffers: The notice says read aloud.

President Musgrave: Are you here to listen to them, or would you just be satisfied to come up and review the list as created by our attorney?

Unidentified: I would rather look at the list.

President Musgrave: He would rather look at the list. So, would you like to say anything to submit this?

Kathryn Daniel: We’ve opened each of the bids and recorded them as they were submitted. So, the list should be complete, and it’s available for review.

President Musgrave: Alright. Do I hear a motion to accept the list into the record?

Commissioner Crouch: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: That motion carries.

Bill Jeffers: I do have a map of all your legal drains, if the Commissioners aren’t—

President Musgrave: Wait, one more thing. Do I hear a motion to take these bids under advisement?

Commissioner Crouch: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Now, is there other business, Mr. Jeffers?

Bill Jeffers: I’m sorry for interrupting you, I just happened to have a map here in case the new Drainage Board members would like to find the location of each ditch.

President Musgrave: Oh, I’m so excited.

Bill Jeffers: Yes, it is an exciting adventure there. If you would like to take a ride out and look at ditches anytime, we do have some relatively capable vehicles to get you there and back.

Commissioner Crouch: I would like to look at the ditches.

Madelyn Grayson: Only if you take your little red pointer with you.

Bill Jeffers: Right. We’ve already moved to have a meeting in two weeks to consider those ditches. So, the County Surveyor has no other business to come before you.

President Musgrave: Hearing no other business, we have a meeting to, we will not adjourn this meeting, we will recess this meeting for two weeks, and we will also have another meeting in April to consider some of the business brought up at this meeting. So, is there a motion to recess?

Commissioner Crouch: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: We stand recessed.

(The meeting was recessed at 4:50 p.m.)

VANDERBURGH COUNTY DRAINAGE BOARD

APRIL 5, 2005

The Vanderburgh County Drainage Board meeting recessed on March 22, 2005 was reconvened on April 5, 2005 at 4:04 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: We will now reconvene the April 5^th continuation of the March 22, 2005 meeting, which was in recess, bringing it back to order.

President Musgrave: We have several items of business today; to award the contracts to successful bidders for proposals opened on March 22^nd for annual maintenance of regulated drains. I see that we have a document here, provided by the Surveyor. Do you have any comments to make about this, sir?

Bill Jeffers: Yes, President Musgrave. The document you have in front of you is a spreadsheet showing all the ditches, along with a category of work, a description of the work that’s going to be performed, the linear feet of each ditch, and then the bids. In column A, bidder A is the bidder who submitted the lowest bid for the work specified. Column B, and subsequent columns would be the other bidders, along with their bids. The County Surveyor recommends that you approve all contracts as shown, bidder A, and the “A” amount per lineal foot, the “A” total. The “A” total is the total amount we would pay them for the contract over the course of their work in the year 2005.

President Musgrave: I noticed that we have no bid on a couple of the ditches. What would be done about those?

Bill Jeffers: We received no bid on Kneer Ditch, Maasberg Ditch, and Wallenmeyer Ditch. We will, we have a document prepared in the hands of the County Auditor’s representative here for your signature if you would authorize the readvertisement of those three ditches.

Commissioner Nix: Is there a reason why they didn’t bid? There’s something peculiar about–

Bill Jeffers: Generally, Mr. Maasberg, Eldon Maasberg turns in a bid on those three ditches. Over the past several years, maybe eight years, no one has bid against him. We did have his last year’s bid price on here, but I removed it, because his bid came in a week late, and the document says all bids received after the signed date will be returned unopened. So, we’re going to readvertise. We feel the most prudent course would be to readvertise those–

President Musgrave: Okay.

Bill Jeffers: –and seek new bids.

Commissioner Nix: I make a motion we approve all the low bidders in bid column A.

Commissioner Crouch: Second.

President Musgrave: Any discussion? Call for the vote. All those in favor?

All Commissioners: Aye.

President Musgrave: Opposed? That carries.

President Musgrave: Is there a motion to readvertise the remaining?

Commissioner Nix: I make a motion we readvertise.

Commissioner Crouch: Second.

President Musgrave: Any discussion? All those in favor?

All Commissioners: Aye.

President Musgrave: That motion carries.

Ted C. Ziemer, Jr.: Madam President, just, and I’ve talked to Madelyn about this, but on the readvertisement we want to be sure and narrow the description of what they’re bidding on to these particular ditches, so that these other bidders don’t come in and try to, I mean, rebid again. We don’t care if they did, but we don’t expect them, and we don’t want them to have to bid again over things they’ve already bid on.

Bill Jeffers: That’s a very good point. On the notice to bidders that we have prepared for your signature at this time, it says;

“Proposals for the maintenance of Kneer Ditch, Maasberg Ditch, and Wallenmeyer Ditch, with all work to comport with the 2005 general specifications for maintenance.”

President Musgrave: Alright.

Bill Jeffers: Then, etcetera, the way the other one read, except the date has been changed to Tuesday, April 26, 2004, which is your next scheduled meeting. It should say 2005.

President Musgrave: Okay, with that one change then it will go out.

President Musgrave: We move now to the continued drainage plans, Heritage Park, Phase II, final plan. It is listed as having no recommendation.

Bill Jeffers: We are awaiting revisions, and the Surveyor recommends that you table that one, and just put it aside until they resubmit at a later date.

Commissioner Crouch: Motion to table.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Metro Village, modified final plan.

Bill Jeffers: This is Metro Village, in case one of the Commissioners would care to view it, in this booklet. It has been reviewed by the County Surveyor. The engineer who drew the plan is Matt Wallace, who’s standing at the podium in front of you, from Morley and Associates. This is a final plan, it has received approval of it’s erosion and pollution control plan. All other things being in order, the County Surveyor recommends approval of Metro Village modified final drainage plan.

President Musgrave: Do you have any comments to make?

Matt Wallace: I’m just here to answer questions, if you have any.

President Musgrave: Are there any questions? I see none. Is there a motion?

Commissioner Crouch: I’ll move, oh, go ahead.

Commissioner Nix: I move approval.

Commissioner Crouch: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: That motion carries.

President Musgrave: We move now to Q-Comm Realty, final plan, with a positive recommendation of plan B.

Bill Jeffers: That plan is on Commissioner Crouch’s desk at this time. If anyone else would like to look at it, it’s available for your viewing. It is a final drainage plan for the parcel known as Heritage, excuse me, it’s Q-Comm Realty, which is the new site for Cinergy Communications. It’s the large, rectangular parcel at the very right hand side of this orthographic photograph up there. The plan stands alone. It’s not dependent upon any other drainage facilities within that future development. It stands alone as a parcel. It all drains through detention at the north end, and in to Lynch Road right-of-way. It was designed by Andy Easley Engineering. Justin Shofstall is here to represent the plan. He is the designer. It works in conformance with the Vanderburgh County drainage code. I would like to emphasize that the borrow pit along the south end of this property just happens to be a borrow pit that pre-existed this plan. It’s there, it’s shown on the plan, but it’s not part of the drainage plan. Some incidental surface water sheet flows into that borrow pit, but it does not act as a detention basin at this time. As the plans for Heritage Park develops that may change, but at this time the plan in front of you stands alone and drains into Lynch Road right-of-way, in accordance with our code. The County Surveyor recommends approval of the plan. Mr. Shofstall is here in case you have any other questions of him.

President Musgrave: Are there any questions for Mr. Shofstall? Is there a motion?

Commissioner Crouch: I move approval of Q-Comm Realty, final plan.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

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

President Musgrave: We move now to the Don Gillies/Oak Meadow Condominium drainage issue. I see the recommendation is to continue research and findings until our April 26^th meeting. Are there any further comments?

Bill Jeffers: Ms. Musgrave, I’ve prepared a very brief report. It’s two pages long, it’s stapled together, what I laid on your desk earlier. It shows the addresses that Area Plan Commission assigned for the ten individual dwellings that are situated on the lot, which I found today is called Oak Meadow, Phase II on Area Plan’s maps.

President Musgrave: Okay.

Bill Jeffers: The addresses are somewhat different, and they represent a correction from the previous information that I had gave you two weeks ago. Because APC’s staff told me today that the developer came in and changed the layout of this development after APC had reviewed the site plans, and issued a permit. Mr. Don Gillies is here today, because we told him that he would be on the agenda. He provided the information at the bottom portion, along with some more vital information, but I included this information in this little chart.

President Musgrave: That represents the owners of the addresses?

Bill Jeffers: The owners that Mr. Gillies believes owns those properties that correspond to the addresses he’s given. I would like to point out that 1530 and 1540 are outside of Oak Meadow, Phase II according to Area Plan Commission’s drawings. That Mr. Gillies’ chart does not include 1600 and 1606. The second page, the County Assessor’s office helped me out quite a bit today. We got a little deeper into that information. 1530 and 1540, again, are assumed to be outside of the parcel. 1600 and 1606 have no ProVal data, and turns out that those two were never built. Those two dwellings were never built. The rest of the addresses have out to the side of them the owner as given on the Assessor’s tax data.

President Musgrave: I see that that also differs from the list that Mr. Gillies, and I’m sorry I mispronounced your name earlier. That also differs.

Bill Jeffers: It differs substantially in that 1634 appears now to be owned by Russell and Susan Woosley.

Don Gillies: Woolsey.

Bill Jeffers: Is that correct?

Don Gillies: Woolsey.

Bill Jeffers: Woolsey? I might have the “s” and the “l” transposed. That previously appeared to have been owned by Alfred Bauer, Jr. It has now been transferred, according to the Assessor’s data to Russell and Susan Woolsey. Everything else appears about the same. The other issue is that I have checked with the Recorder’s office, and there is no condominium association for Oak Meadow, Phase II. There is no condominium association recorded, this is still preliminary, but, I couldn’t find it in the Recorder’s office, for anyone known as Club Condominiums, or Club Condominiums, Phase II, or Country Club Condominiums, or Country Condominiums, Phase II. We searched all of those names, and could not find any recorded document establishing that association. Not to say it’s not established by some other method. Mr. Gillies also, after receiving this information that I forwarded to Mr. Gillies, along with, by e-mail to each Commissioner, and to Mr. Ziemer, Mr. Gillies responded with this e-mail, which lends some more light to the situation. Basically saying that a lady who is treasurer for the Club Condominiums, Phase II states that they have not signed any ownership documents for Bauer Homes. And, that Mr. Gillies believes that Bauer Homes has not legally divested itself of the responsibility for Club Condominiums, Phase II. However, having said all that, the County Surveyor still recommends continued research and findings before the board makes a determination. Especially with regard to the board’s authority to order the completion of site improvement plan that was apparently permitted solely by APC, or to order maintenance or corrective work to a ditch subject to this complaint until we determine that you have that authority. I have not had the opportunity, since I was out of town most of last week, as was Mr. Ziemer, to discuss this with Mr. Ziemer.

Commissioner Crouch: Has APC, have they been apprised, or has this information been shared with them? Because they may have some authority–

Bill Jeffers: Not to the extent that, you know, not to that extent.

Don Gillies: Jim, may I have something, excuse me, I think I might be able to shed some more light on it too. I was down in the Assessor’s office, and the first thing I had to do was find myself. They didn’t even have me listed out there. But, I talked with a Carolyn Garrison?

Bill Jeffers: Carolyn, yes.

Don Gillies: It appears as though the Bauer Homes built the condominiums, which are known as Club Condo, Phase I, and Club Condo, Phase II. Club Condo, Phase I has about, I think it’s about nine or ten residents, as does Club Condo, Phase II, okay? When he, when Bauer Homes started building them, he built them in phases. So, Club Condo, Phase II has a phase one, a phase two, a phase three, and a phase four to it. So, I mean, it really gets convoluted, I’ll tell you. But, the thing is, is that I believe the we have found a declaration for phase, for Club Condo, Phase I.

President Musgrave: Okay.

Don Gillies: I talked to the presidents in both phases, and Club Condo, Phase I told us that they had to sign a document when they accepted the condominium association. They’re going to supply me with that document. I asked Club Condo, Phase II people if they did likewise. They said no, we have not signed anything yet. So, as far as I feel, and you can tell me, we’re still searching for two items. One is, who owns it? And the second thing is, is there sufficient authority to have it cleaned up and do whatever? I’ll work with whoever we have to.

Ted C. Ziemer, Jr.: Mr. Gillies, it’s Gillies, isn’t it?

Don Gillies: Gillies.

Ted C. Ziemer, Jr.: Can you tell me where you are in this?

Don Gillies: Yes, sir. Do you have a map there or a drawing?

Ted C. Ziemer, Jr.: No, I don’t have a map, but I just have this list of properties.

Don Gillies: Here, I have something that Jim would be very, very proud of.

Ted C. Ziemer, Jr.: None of these (Inaudible)?

President Musgrave: No, (Inaudible) affected by the drainage from these.

Bill Jeffers: Everything in this hatched area is what’s affecting him, and his address is probably one of these (Inaudible) along here in this (Inaudible).

Commissioner Nix: (Inaudible) that was presented? I mean, are you aware of that?

Ted C. Ziemer, Jr.: Yeah, yeah. (Inaudible) the claim. Yeah, right.

Don Gillies: Okay.

Ted C. Ziemer, Jr.: I’ve got 11521, 531, 41, 51, 61--

Don Gillies: That’s Phase, that is Oak Meadow Village, Phase II.

Ted C. Ziemer, Jr.: Okay. None of those are you?

Don Gillies: I am Oak Meadow Village, Phase III.

Ted C. Ziemer, Jr.: Okay. What’s your number?

Madelyn Grayson: Ted, is your microphone on? I won’t be able to pick Mr. Gillies’ comments up.

Ted C. Ziemer, Jr.: Oh, it’s not.

Madelyn Grayson: Yeah, if you can....you might need to speak closer to his microphone for me to be able to pick his comments up.

Don Gillies: Thank you.

President Musgrave: Alright, so now we have your address.

Ted C. Ziemer, Jr.: 11580, okay, and I see it here. Okay. Can I mark on this?

President Musgrave: Alright, well, I want to thank you for the mountain of work that both you and the Surveyor and apparently Carolyn in the Assessor’s office has done. It certainly looks like there is more work to do between all of you and the attorney.

Don Gillies: That’s correct.

President Musgrave: So, I look forward to seeing you back, perhaps with a recommendation, whether it’s positive for what you want–

Don Gillies: We’ve been working on it since the early ‘90's.

Ted C. Ziemer, Jr.: Yeah, that’s what I understand.

Don Gillies: A few more months is not going to hurt.

Ted C. Ziemer, Jr.: Well, we’re not going to drag our feet, but, what we have to find out is what authority actually the drainage board has to enforce. If not the drainage board, who does? We want to look at that as well. Somebody does.

President Musgrave: Right.

Don Gillies: Good enough.

Commissioner Crouch: Mr. Ziemer, you’ll talk to Joe Harrison, if you need to? The attorney for APC?

Ted C. Ziemer, Jr.: Certainly.

President Musgrave: Okay. Is there a motion to table this? Or, do we need one?

Commissioner Crouch: I’ll make a motion that we table this to April 26^th.

Commissioner Nix: Second.

Don Gillies: Thank you very much.

President Musgrave: All those in favor?

All Commissioners: Aye.

Commissioner Crouch: Motion to adjourn.

Commissioner Nix: Second.

President Musgrave: We are adjourned.

(The meeting was adjourned at 4:25 p.m.)

         Those in Attendance:

         Cheryl Musgrave            Bill Nix                            Suzanne Crouch

         Bill Jeffers                       Ted C. Ziemer, Jr           Madelyn Grayson

         Glen Meritt                      Matt Wallace                   Lee McClellan

         Don Gillies                      Kathryn Daniel                Jon Kipling

         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.