VANDERBURGH COUNTY

DRAINAGE BOARD

MAY 13, 2008

The Vanderburgh County Drainage Board met in session this 13^th day of May, 2008 at 5:55 p.m. in room 301 of the Civic Center Complex with President Troy Tornatta presiding.

President Tornatta: Motion to open up the Vanderburgh County Drainage Board meeting, Tuesday, May 13, 2008. It’s, looks like it’s 5:55.

President Tornatta: Motion to approve the previous meeting’s minutes.

Commissioner Nix: So moved.

Commissioner Korb: Second.

President Tornatta: So ordered.

President Tornatta: Bill? Good afternoon.

Bill Jeffers: Good afternoon, President Tornatta, and other members of the Drainage Board. The first drainage plan is Aldi Food Store at Burkhardt Road and Oak Grove Road. This is a final plan, and it includes an easement encroachment agreement that’s on your desk with your Recording Secretary from the developer. There’s, the plan is on your desk as well. There are some minor details that must be worked out with John Stoll where the interior drainage system hooks into the existing street system for Oak Grove Road, and regarding the post-construction pollution capture device, which is now required, both of those items are within John Stoll’s jurisdiction to approve. With those qualifications, the County Surveyor recommends the final drainage plan for Aldi Food Store in Burkhardt Crossing Subdivision, along with the submitted easement encroachment agreement that also acknowledges a reduction of the regulated drain easement from 75 feet to 30 feet along the west side of the property line. It’s a new food store, and it’s within your TIF, Burkhardt TIF district.

Commissioner Korb: Okay.

President Tornatta: Do we have a motion?

Commissioner Nix: Move approval.

Commissioner Korb: Second.

President Tornatta: So ordered.

Bill Jeffers: And that would require your signatures on the encroachment agreement, which I will then be recording.

Bill Jeffers: I apologize, we don’t have any digital displays for the audience or the Commissioners today. Apparently, the mouse–

Commissioner Nix: Died?

Bill Jeffers: –has died. We called the help desk, but no help is forthcoming tonight. So, we’ll do it the old fashioned way. Now, on your desk is the plan for Oak Hill Baptist Church. It’s located at Oak Hill Road and Bergdolt Road. It is a final drainage plan. It’s for a major expansion of Oak Hill Baptist Church. I’ve outlined that expansion on the paper plan on your desk. It about doubles the size of their facility. It comports substantially with the county drainage code, and the County Surveyor recommends approval as submitted as a final drainage plan for Oak Hill Baptist Church.

President Tornatta: Motion?

Commissioner Nix: So moved.

Commissioner Korb: Second.

President Tornatta: So ordered.

Bill Jeffers: Okay, now on your desk is the Walgreen’s drug store at Grant Hill. That’s located at Boonville-New Harmony and U.S. 41 in Grant Hill commercial subdivision. This is a preliminary plan for your consideration for the development of a drug store on lot four of Grant Hill Subdivision, along with a second building by the same developer on an adjacent, platted lot zoned commercial, but that lot is not part of the Grant Hill plat. A natural creek separates the two lots, and that creek will be piped with a 60 inch diameter pipe, requiring a new drainage easement shown on the final plan, and the final document is to be recorded, and a subsequent easement encroachment agreement to allow paving a parking area over that pipe. So, basically, what I’m saying, the plan looks good, but you’re going to have to go forward to a final plan that includes some more details and documents. Also, an existing drainage easement that is platted as a part of Grant Hill, lot four, for a detention basin, will be vacated and replaced with an underground detention vault to serve in lieu of open detention storage to allow sufficient parking for the drug store. So, we’re having a slight change in plan there from the original plan. The developer wishes to move quickly with this project, so the County Surveyor is recommending or suggesting a temporary encroachment agreement for the detention basin easement while the easement vacation process proceeds. These and other details of the plan will come to the board with the final drainage plan in a week or two. The County Surveyor recommends approval of the preliminary plan.

President Tornatta: Do I have a motion?

Commissioner Nix: So moved.

Commissioner Korb: Second.

President Tornatta: So ordered.

Bill Jeffers: Okay, now comes Mr. Jerry Arnett, 3221 North 12^th Avenue, Evansville, Indiana, 47712, petitioning the county Drainage 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 under Allen’s Lane. To give you an idea of how long Mr. Arnett has struggled with this drainage problem, he first came to our office when Commissioner Suzanne Crouch referred him several years ago. Since then Mr. Arnett has requested several persons owning property to the south of his to remove various obstructions and restore the drain to a sufficient condition and grade to serve the entire neighborhood, as it once did. The condition of the drain has not improved, and probably has worsened since Mr. Arnett first sought relief from the periodic and frequent flooding of his property. This petition is his most recent attempt at a solution. When Mr. Arnett first brought the problem to Commissioner Crouch’s attention, I visited the drain and made a number of reports to the Commissioners and had correspondence with Mr. Arnett and other interested parties. However, a more recent inspection report by David Horning, Environmental Officer for the County Health Department, which accompanies the papers I laid on your desk here, also accompanies Mr. Arnett’s petition and describes the problems as clearly and as accurately as any report I could offer you at this time. But, I will reinspect the site and update my report to you and file it with your Board, so that you can set a hearing date, no sooner than 30 days, and no later than 90 days from today, according to statute. The submittal is with your Recording Secretary, along with the filing fee, and if you would like to wait for my report to set a hearing date you may, or you can set one today, as long as it’s within 30 days from today and 90 days from today.

Ted C. Ziemer, Jr.: Then, when that notice is sent, or the date for the hearing, you then notify all the interested parties, do you?

Bill Jeffers: Mrs. Grayson notifies all of the parties.

Ted C. Ziemer, Jr.: Okay, I mean, is that by publication? I don’t remember. Or by certified mail?

Bill Jeffers: We have to send out registered–

Madelyn Grayson: Certified mail.

Bill Jeffers: –certified mail.

Ted C. Ziemer, Jr.: Certified mail.

Bill Jeffers: Yes, sir.

Ted C. Ziemer, Jr.: Then, how does she know who the respondents are to whom to give notice?

Bill Jeffers: The petition includes all the addresses of the respondents–

Ted C. Ziemer, Jr.: Thank you.

Bill Jeffers: –and then we go through the property tax records to find the appropriate owners.

Commissioner Korb: Is there a reason why this wasn’t remedied before, Bill? What’s the scoop on that?

Bill Jeffers: Basically, Mr. Arnett did not want to file the petition, he wanted to do it in a friendly, neighborhood manner and went to each of the property owners and mailed letters to all the property owners, etcetera. He made contact with them in some form, but he got no help.

Commissioner Korb: Okay.

Bill Jeffers: No one cleaned up the mess, the overgrown mess in the ditch.

Commissioner Korb: And this has been going on for how long? Four years?

Bill Jeffers: Since at least 2001, was it?

Commissioner Korb: Okay.

Bill Jeffers: I would have to check the record, but–

Commissioner Korb: That’s okay. It sounds like it’s too long.

Bill Jeffers: –that’s why I put Commissioner, or Suzanne Crouch’s name in there to give you an idea, because I would have to look in, just a second, we have the file here.

Commissioner Korb: That’s okay.

Bill Jeffers: I’m going to say five or six years that he’s struggled with it.

Commissioner Korb: Okay. So, now he’s taking the legal steps that he needs to to remedy the situation?

Bill Jeffers: Four or five years. Yes, this is his only way to go. He could either go through Circuit or Superior Court saying that the property owners downstream of him are maintaining a nuisance and ask a judge to rule maintenance of a nuisance, or he can come to the Drainage Board and ask you to do what we did a couple of weeks ago.

Commissioner Nix: We know that there’s no easements, any kind of drainage easements? This is just property owner property, is that correct?

Bill Jeffers: This is, that’s correct, there is no drainage easement, this just is an open ditch that was put in back when the subdivision was first laid out, 30, 40, 50 years ago, and now it’s grown up.

Commissioner Nix: Excuse me, Mr. Jeffers, and I know that we’ve discussed this before, and there’s a paragraph in there really that kind of summarizes, I think, what we need to really look at, and this is from Mr. Horning after his investigation says,

“ I cannot find any kind of documentation showing an easement specifically for this drainage ditch. So, the responsibility for removing the brush and debris is that of the homeowner, since the drainage ditch that serves your property is actually located on your property.”

So, what he’s saying there is, basically, that each homeowner is responsible for their own debris removal, not to impede the flow of water from one parcel to another.

Bill Jeffers: That’s correct.

Commissioner Nix: Okay.

Bill Jeffers: It’s not a regulated drain, and it’s not in an easement. It may be in a power easement, there is an overhead power line running down through there.

Commissioner Nix: But, it wouldn’t affect any kind of a drainage easement?

Bill Jeffers: No, sir. There’s no drainage easement there.

Ted C. Ziemer, Jr.: Refresh my recollection, there are two, the statute speaks to two different kinds of drains, I can’t remember what they are?

Bill Jeffers: Okay, right. This would be a mutual drain that serves two or more pieces of property and runs across two or more pieces of property.

Ted C. Ziemer, Jr.: Okay, and that’s covered by the statute, right?

Bill Jeffers: Yes, sir. It probably would be an unintentional obstruction due to natural growth of brush and vegetation, what have you. So, if we were to resolve it–

Ted C. Ziemer, Jr.: Well, it might be–

Bill Jeffers: –we would probably resolve it the same way we did about a month ago.

Ted C. Ziemer, Jr.: I mean, the growth would be unintentional, but the failure to remove it could be intentional.

Bill Jeffers: Well, that would be a decision of the Board, how they rule on that. That’s correct.

President Tornatta: So, in your recommendation, would you rather bring out that report and discuss it with the homeowners first? Or would you rather us set a date?

Bill Jeffers: You know what, it worked real well last month when you had your homeowners in here, and eventually agreed to pony up an equal share of the money and get the job done. That would be more neighborly than possibly going a different direction and levy an assessment, so to speak.

President Tornatta: Right. So, in that, would you recommend going ahead and setting a date at this time, instead of waiting for your report?

Bill Jeffers: Oh, I see where you’re going. That would be up to you.

President Tornatta: I’m looking for a recommendation.

Bill Jeffers: As long as we have a hearing no longer than 90 days from today, you’re okay. If you want me to try to do it–

President Tornatta: Let’s say we set up a date, if needed, we could set up a date, if they come to some consensus, then we don’t have to do that, but if they come here, then we have the potential to levy them an amount.

Bill Jeffers: Right.

Commissioner Nix: How about not this next meeting, but the following meeting?

President Tornatta: So, the first meeting in June, June 3^rd?

Bill Jeffers: Yeah, sure, okay.

President Tornatta: Will that give–

Ted C. Ziemer, Jr.: Is that enough time to get your report?

Bill Jeffers: Oh, yes, sir. Like I say, this report from the Health Officer is as good as anything that I’m going to be able to give you. He did an excellent job there.

President Tornatta: Is it really giving them enough time to assess damage and get a cost?

Bill Jeffers: Okay, I’ll get you a cost by June 3^rd. I’ll take a contractor out there with me and give you an estimate of what–

President Tornatta: Alright, as long as it gives you enough time. If not, we can do it the third week.

Bill Jeffers: No, I would rather do it as soon as possible.

President Tornatta: Okay.

Bill Jeffers: Yes, sir.

President Tornatta: So, can I have a motion?

Commissioner Nix: I make that in the form of a motion.

President Tornatta: For June 3^rd?

Commissioner Nix: I guess, a formal hearing for that? Is that what that’s called?

Bill Jeffers: Yeah, it would be a formal hearing that you would set.

Commissioner Nix: That is in the form of a motion.

Commissioner Korb: Second.

President Tornatta: So ordered.

Bill Jeffers: Okay, I believe this is the last item that I have, unless there’s other business or public comment, is the claims from our ditch contractors. These are standard claims for work completed on regulated drain maintenance.

Commissioner Nix: Move approval.

Commissioner Korb: Second.

President Tornatta: So ordered.

Bill Jeffers: While you’re wrapping up there, I will say that, on the two, on the previous meeting, the Commissioner’s meeting, I accompanied Mike Wathen and a gentleman from the County Garage to the site of the complaint by Mr. Fehd out on Boonville-New Harmony Road. If there’s anything that I could, at a later time, add from my observations, I would be happy to add. And, with regard to the second gentleman–

President Tornatta: Michael.

Bill Jeffers: –Mike Ingram, the new president of the Windemere Farms Neighborhood Association, or Homeowners Association. I had a lot of contact and quite a full file from Mark Perfitt who preceded him in that position. Yes, there is a substantial amount of sediment that has come from the upstream development. I would like to point out that prior to that upstream development, about 17 acres flowed through that pipe into Windemere’s lake, and during the planning and before this Board and in our office also with John Stoll’s office, we were able to get a plan from the developer upstream that diverted about 12 of those acres into a different detention basin, but still five acres flows through that pipe, which is enough to keep the water in his lake over there.

Commissioner Nix: And, I think his concern or his complaint was really the construction debris and the silting–

Bill Jeffers: Right.

Commissioner Nix: –which are things that we can address.

Bill Jeffers: During these wind storms, the construction debris is loose, finds its way into the ditches, through the pipe and into the lake. I’ve observed that on many occasions. That’s the responsibility of the construction site from which the debris has become fugitive, and should be cleaned up by them. The sediment, while it appears to be significant, at this point, built up over time in minimal amounts, a little bit at a time, and, yes, now it is, there’s a significant sediment bar that should be removed from that lake.

Commissioner Korb: Do we need to address the ground covering?

Bill Jeffers: It is strictly an erosion and sediment control issue, covered by Rule Five in the local ordinance.

Commissioner Nix: I know what to do with that.

Bill Jeffers: Mike Wathen is totally aware of it, and has tried to remain on top of it, and the only thing that I really wanted to point out, I guess, is that the development recently changed hands. So, now, the responsibility for the maintenance of the control measures has gone to another corporation, and Mike, if I can speak on his behalf, is trying to bring the second developer up to speed with his responsibilities.

President Tornatta: Okay.

Commissioner Korb: Okay, great.

Bill Jeffers: Just to bring you up to speed on that.

Commissioner Korb: Thanks.

Bill Jeffers: Yes, sir.

President Tornatta: Alright, public comment?

Commissioner Korb: Mr. Fehd?

Wayne Fehd: I’m Wayne Fehd again. I would like to make it part of the record of this meeting that my comments from the meeting, the County Commissioners meeting, are transferred to this meeting.

President Tornatta: And we will be–

Wayne Fehd: So, I don’t have to keep going over it again.

(Comments by Wayne Fehd from the May 13, 2008 County Commission meeting are inserted below.)

Wayne Fehd: I’m Wayne Fehd. I live at 13040 Green River Road, Evansville, Indiana.

President Korb: Okay.

Wayne Fehd: The reason I’m here, we’ve got a section of Boonville-New Harmony Road over at Daylight between Young Road and Schlensker Ditch, when Boonville-New Harmony Road was extended from I-164 interchange, and since it’s been built about 18 years ago, or 15, there’s been no maintenance done on it. The ditches are full of siltation on the north side, up to the top of the pipes that go underneath the road. I’ve been in contact with the County Garage over the years, begging them to clean the trees off of the right-of-way. A couple of years ago they took the trees off the north side, on the right-of-way on the ditch on the north side. On the south side they’ve got about two thirds of it done, they quit in front of the house that sits on the south side. From the house driveway to the creek, or Schlensker Ditch, they’ve left the trees there. This is creating a problem, the water is bowing out of that south ditch and going across my field. It’s got a rut there, it’s cut pretty deep, about a foot deep, and, eventually, if we don’t get this corrected, it’s going to go across that field and cut a new ditch down through that farm.

Commissioner Nix: Mr. Fehd, if you would, let me talk to Mike Duckworth about that tomorrow. He had to leave the meeting today, but I would like to get with him tomorrow, and we’ll get out there and take a look at that.

Commissioner Tornatta: That would probably be an opportunity to talk to Bill Fluty, or Bill Jeffers.

Commissioner Nix: Yeah, but it’s more a drainage, it’s more an easement issue along the roadway, isn’t it?

Commissioner Tornatta: It’s drainage.

President Korb: It’s not an easement issue, it’s–

Commissioner Nix: I’m talking about it’s within the easement, the county easement for maintenance.

Wayne Fehd: Yes, yes.

Commissioner Nix: Okay.

President Korb: Okay.

Wayne Fehd: As far as I know.

Commissioner Nix: Right.

Wayne Fehd: I’m just here because the water is going out across my field.

President Korb: Sure.

Commissioner Nix: Let me get with Mike.

Wayne Fehd: And it’s creating a ditch out across my field.

Commissioner Nix: Let me get with Mike tomorrow, and I’ll see what he’s done to it, and what else we can do with it.

Wayne Fehd: They’ve been out there, all of them. John Stoll’s been there. Bill Jeffers’ been there. Mike Wathen’s been there. Nothing gets done. I was promised last year by Scott Wischer that he was going to get the siltation out of the ditch.

President Korb: Scott works for Mike, yes.

Wayne Fehd: Now I’m getting the answer that the county equipment ain’t big enough to get that dirt out of that north ditch. That’s why I’m here.

President Korb: Okay.

Commissioner Nix: Let me look into it. I know you had mentioned that a couple of weeks ago in a meeting we had, and I did not get a chance to do that yet, but I will.

President Korb: Mr. Fehd, for the record, could you just give us some contact information. Not your home address, well, you gave us your home address, but a telephone number, or if you would like to do that off the record, you can. We would be happy to contact you and update you.

Wayne Fehd: Yeah, well, if, my home phone number is area code 812-867-5758.

President Korb: Okay.

Wayne Fehd: That’s my fax number also.

President Korb: Okay, we’ll give you a call.

Commissioner Nix: Yeah.

President Korb: And we’ll get to it.

Wayne Fehd: Okay.

President Korb: Okay?

Wayne Fehd: Now, do I need to stay for the Drainage Board?

Commissioner Nix: For this same issue?

Wayne Fehd: Yes.

Commissioner Tornatta: Uh-uh.

President Korb: No, sir.

Wayne Fehd: Okay.

President Korb: Not unless you want to. You’re welcome to stay if you want to, but you don’t have to.

Wayne Fehd: You’ll let me know what you’re gonna do?

President Korb: We’ll do it. We’ll take care of it.

Commissioner Nix: Thanks.

Wayne Fehd: And, how long will that take until I get an answer?

Commissioner Nix: Let me look at it, and we’ll get back with you.

Wayne Fehd: Next week?

Commissioner Nix: If I can get out there between now and next week, yes, sir.

Wayne Fehd: Before the next meeting?

Commissioner Nix: Well, we have a meeting next Tuesday, is that right? Yeah, let me try, I’ll try to get that done before then.

Wayne Fehd: We want to get that field planted if it quits raining.

Commissioner Nix: Yeah, that’s the other thing too.

Wayne Fehd: We started on it last week.

President Korb: Because, I’m wondering, it might be too soft to get equipment in there.

Commissioner Nix: Well, we’ll just have to look at it and see.

President Korb: Okay, yeah, we’ll take a peek and see what we can find out for you.

Wayne Fehd: Also, where that ditch is bowing out, through that bank there where that culvert pipe, the farthest, I think there’s three culvert pipes that goes underneath the road, the farthest east one, where it’s bowing out on that bank there and cutting out across the field there needs to be some rip rap there or something to take that water when it comes out of that pipe so it doesn’t keep eating on the dirt there.

President Korb: Okay.

Wayne Fehd: I think our biggest problem is that north ditch is full of siltation, about three to four feet deep.

President Korb: Wow.

Wayne Fehd: And, it’s level with the pipes that go underneath the road pretty near.

President Korb: Which definitely obstructs the flow.

Wayne Fehd: It doesn’t let that water on the north side get off into that creek before the other water comes from Scott School down Schlensker Ditch–

President Korb: Right.

Wayne Fehd: –and where we’re putting them all together there and putting pressure on that pipe trying to take that water over there.

President Korb: Sure. We’ll get out there and take a look at it as quickly as we can, and we’ll contact you.

Wayne Fehd: But, you will let me know something in a couple of weeks?

President Korb: Absolutely.

Wayne Fehd: Absolutely in two weeks? Okay, thank you.

(End of Wayne Fehd’s comments from the May 13, 2008 County Commission meeting.)

Wayne Fehd: Another thing too, I wanted to ask, the damage this water is doing going out across the farm, until you get it corrected, the county is liable for the damage of this water going across my farm. Is that right, Mr. Ziemer? You’re the attorney here.

Ted C. Ziemer, Jr.: I have not had an opportunity to review that, Mr. Fehd. So, I won’t give an opinion at this time. If I’m given a full state of facts, I’ll be glad to review that on behalf of the county.

Wayne Fehd: Okay. I feel that it is, and that’s why I hope you all act on it before it does come another big rain.

President Tornatta: Alright.

Wayne Fehd: We was talking about two weeks earlier, but in the meantime we may get another one of them 11 inch rains that we got here in March.

President Tornatta: Right. Let’s go ahead and get a motion to transfer the minutes of the regular Board meeting to the Drainage Board meeting.

Commissioner Nix: So moved.

Commissioner Korb: Second.

President Tornatta: So ordered. Okay, that’s done.

Wayne Fehd: Thank you.

Commissioner Nix: Thank you, Mr. Fehd.

President Tornatta: Any other public comment? If there isn’t, motion to adjourn?

Commissioner Nix: So moved.

Commissioner Korb: Second.

President Tornatta: So ordered.

(The meeting was adjourned at 6:12 p.m.)

Those in Attendance:

Troy Tornatta                            Bill Nix                                      Jeff Korb

Bill Jeffers                                 Ted C. Ziemer, Jr.          Madelyn Grayson

Wayne Fehd                             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.)