VANDERBURGH COUNTY

DRAINAGE BOARD

MAY 19, 2009

The Vanderburgh County Drainage Board met in session this 19^th day of May, 2009 at 5:46 p.m. in room 301 of the Civic Center Complex with President Lloyd Winnecke presiding.

President Winnecke: Okay, we’ll call to order the Vanderburgh County Drainage Board for Tuesday, May 19^th. Attendance roll call, please.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Here.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Here.

Madelyn Grayson: President Winnecke?

President Winnecke: Here.

President Winnecke: At this time I would consider a motion to approve the minutes from the previous meeting.

Commissioner Melcher: So moved.

Commissioner Tornatta: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, all in favor say aye.

All Commissioners: Aye.

President Winnecke: Opposed? The minutes pass. Thank you.

(Motion approved 3-0)

President Winnecke: New business? Mr. Jeffers, good evening.

Bill Jeffers: Good evening. Tonight I wanted to start off by introducing the Warrick County Commissioner, Tim Mosbey. Warrick County Surveyor, Phil Baxter, was unable to make it. He had a previous commitment that he had to attend to. Commissioner Mosbey will be talking about Pigeon Creek, right on the boundary with Warrick County. On your screen, the circle indicates the site of a log jam that straddles the county line. The county line being the yellow line. Everything north of and east of the yellow line is Warrick County. Everything inside the yellow line is Vanderburgh County, and if you look at your screen you can see Pigeon Creek snaking through a series of “S” curves up in that corner. In one of those curves, right on the county line, there’s a humongous log jam. The water was so high yesterday when Commissioner Mosbey and Phil Baxter and I were out there, that you can just see the top of the log jam with the water flowing through it, in this series of pictures. This is looking upstream, well, now we’re looking downstream into Warrick County. The picture before we were looking upstream into Vanderburgh County. We’re talking about a stretch of maybe 200 feet of logs. There’s a picture in here that shows a tree, that picture, okay, see the root crown of the tree sticking up in kind of the right hand, middle of the picture? That tree goes all the way across from Vanderburgh County into Warrick County. It’s a huge sycamore tree, and that’s what started this log jam. Then, of course, after the ice storm everything that’s come downstream, been washed downstream, falling out of the ice storm damage, has gathered up for the 200 feet above that. Let’s go back to the overall map. You can see Old Boonville Highway where it turns and goes east into Warrick County. Lost Ben Lane goes north, that’s the last little community in Vanderburgh County. Olmstead Road is coming over from I-164, it actually extends over from Burkhardt, north of Lynch. So, that gives you an idea of where we’re talking about. I’ll turn the meeting over to Commissioner Mosbey who may have some additional information and a request. Thank you.

Tim Mosbey: Thank you, gentlemen, for letting me come down and speak with you. A few years ago, I can’t remember what year, but it was when Catherine Fanello was Commissioner here in Vanderburgh County. We started the discussions of the problem that we have with Pigeon Creek, and we did create a Warrick-Vanderburgh County Drainage Board. It’s never done anything, but it is–

Commissioner Tornatta: We’ve never been there.

Tim Mosbey: –we have a line item in our budget, and at the time, and I’ve got our secretary trying to find the proper paperwork on it, but, I think, it was sort of agreed upon at that time, you know, if we ever got anything, any money to do anything, that we would be like the lead agency. At that time, that was agreed, but we’re willing to, you know, work with you gentlemen anyway we can, if you’re willing, if you have any money. I know, I’m in your shoes in the other county of that’s hard to find. But, as you can see, we’ve got a problem. In Warrick County we had a contractor that cleaned the whole creek out from Highway 68 all the way to the first place where it crosses into Vanderburgh. He finished the project three weeks before the ice storm, and now you can’t hardly tell that he did any work. So, you know, we did apply to FEMA on all the ice storm and are trying to get some funds to go back in and re-work on the creek. Gibson County has an on-going maintenance program, they keep their creek completely cleaned out, where that way when it gets a big rain the water all comes down to us. Now we’re cleaning ours, and, so, we’re hoping, now it’s come right down to you. Your Surveyor, Mr. Jeffers, who was gracious enough to come out and visit with us yesterday morning, and in our discussions, the main problem exists from the Warrick-Vanderburgh County line to the Lynch Road crossing. From Lynch Road on into the river it really wouldn’t need any attention at all. So, you know, the actual mileage or footage of the creek that we’re referring to that would be in Vanderburgh County, you know, I do not have that information. We discussed it’s so wooly, we would probably have to hire a helicopter to fly over it and see just how many log jams we do have. As you can see by the map, the small map that I gave you, the same map that’s on the screen, you know, it goes into, where the main log jam is, the first one we seen, but then it comes back into Warrick County, then it’s in Vanderburgh for a while, then we have all this footage up in here that’s in Warrick County again. So, we’ve never went that far, because there was no need, but we need Vanderburgh County to cooperate and clean out their section that’s south and west of the yellow line, of the county line there on this map. Then we would do our section, if we can work all this out, you know, if there’s monies available. We have enough in our Drainage Fund to, and our Surveyor is willing, and the other Commissioner or Drainage Board, we’re really trying to address this issue, because we have major flooding constantly. It’s getting to be a real problem. So, I’m here on behalf of the Warrick County Commissioners/Drainage Board, and just to plead our case and ask if we could possibly sit down and, you know, if you can scrape up enough money. We would have to have some estimates done, you know, by contractors. I can’t give you a figure. We were talking, the size of this one log jam, possibly $10,000. You know, we don’t know, but it’s a major, major....we spent $130,000 right before the ice storm hit, and that was for about 20 mile. But, that was, you know, just cleaning, they cleaned off one bank of the creek, any trees that were leaning over that could fall in, and then they took out the existing log jams. I never got with the contractor to find out exactly how many log jams that he actually removed in that 20 mile stretch. The main problems is where all these horseshoes and snakes are, that’s where the log jams start up. Unfortunately, they don’t start until it gets into Vanderburgh County.

Commissioner Tornatta: Hey, Bill, did we give any money? I was thinking we gave $10,000 at some point.

Bill Jeffers: No, right now I’m holding $11,700 on a ditch that’s not associated with Pigeon Creek. That’s for the ditch that runs right along the county line south of the Expressway.

Tim Mosbey: Along Deaconess Hospital there.

Bill Jeffers: The other, the previous County Surveyor didn’t come up with a plan that satisfied me that it was of value to turn that money over. However, the current County Surveyor, Phil Baxter, has indicated he is working on a plan that would improve both sides of the ditch, the Warrick County and the Vanderburgh County side. He takes care of both sides. That was the agreement, and I’m prepared to turn over, or ask you to turn over the $11,700 to him when the plan’s initiated.

President Winnecke: Is it possible that the funds that you just referenced would take care of our portion of clearing this jam?

Bill Jeffers: No, that would only take care of what we call Weinsheimer Ditch. In their county they call it Williams Ditch. That’s down by Deaconess Gateway really.

President Winnecke: Oh, I’m sorry, okay. We’re going back and forth a little bit.

Bill Jeffers: We are without funds on this. What, maybe what Commissioner Tornatta is remembering is that under the original Warrick-Vanderburgh County Joint Drainage Board, there was around $14,000 set aside to remove 12 log jams in this area, and that was money, that was Build Indiana funds that came from the various legislators in both counties, out of their proprietary accounts. The Governor had to balance the budget that year, I believe it was O’Bannon, and he took all the Build Indiana funds back to balance the budget. So, they are, you were on the Council–

Tim Mosbey: Yes.

Bill Jeffers: –County Council.

Tim Mosbey: We had $45,000 lined up in Build Indiana fund money, and that all got stopped.

Bill Jeffers: Everything got stopped. In our county, their county, and they even had a plan that was approved by the Corps of Engineers and the DNR, and we were ready to go, but the funds were pulled back. So, now we’re in the same position, and from this point, this is one major, a huge, very major log jam. This water was backed up two and a half miles to Stevenson Station Road yesterday. From this point down to Green River Road is approximately two and a half miles by creek. I count one more major log jam and 12 minor ones in that two and a half miles. Then just below Green River Road there is another major one. So, that makes three major ones that are very similar to this. Then there is one or two very minor ones before you get to Lynch. Everything from Lynch Road to the mouth is in the city. I’m only talking about the portion that would be covered by your jurisdiction, his jurisdiction, and the Joint Board’s jurisdiction. Twelve minor log jams, three major. I’m thinking minor log jams maybe a thousand or two, these major log jams in the neighborhood of $10,000. There’s access problems, you’ve got to get there and there’s reach problems where there, someone has to go physically out there in a boat, chain the logs, and then drag them to shore and dispose of them. It’s not going to be fun. I would suggest that you have a Joint Drainage Board meeting and talk about sources of funding. They have a source. This is not a regulated drain in Vanderburgh County, we would have to seek a source.

Commissioner Tornatta: I would think that we would want to try and find the funding source before we have our meeting.

President Winnecke: It seems to me like maybe, even before that, we should try and figure out how much money we’re going to need. Wouldn’t it be more prudent to get estimates first?

Commissioner Tornatta: Uh-huh.

President Winnecke: And then figure out our sources?

Commissioner Tornatta: Yeah, I mean, we can start, we can do a lot of stuff before we actually get to that meeting to formalize–

Tim Mosbey: Yeah, we could always (Inaudible) bid, and it’s not an awarded bid until we’ve got the money lined up, you know.

Bill Jeffers: If you would prefer, you can direct the County Surveyor–

Commissioner Tornatta: Yes.

Bill Jeffers: –the Vanderburgh County Surveyor to work with the Warrick County Surveyor–

Commissioner Tornatta: To come up with bids.

Bill Jeffers: –and find some sort of cost estimates, and then you all could have a more productive meeting possibly.

President Winnecke: I think that something, I like that.

Commissioner Melcher: I would agree with that.

Tim Mosbey: I just came down, I wanted to bring it to your attention.

President Winnecke: Yeah, we appreciate it.

Tim Mosbey: We’ve got a problem and we’re looking, you know, for some cooperation.

Commissioner Melcher: And this is what we talked about earlier this year?

Tim Mosbey: Yes, I spoke with you this winter, because we knew we had this problem–

Commissioner Melcher: Right.

Tim Mosbey: –we addressed our problem, but then the ice storm hit and we’ve got the same problem. Not as big a log jams, of course, but there’s trees, they’re going to create log jams once they break loose. It’s all flooded, well, he said Stevenson Station Road, you can go all the way to the City of Chandler, and it’s just water everywhere, because it just can’t get down, you know.

Commissioner Tornatta: Alright. Well, I would like to direct our Surveyor to work with the Warrick Surveyor and come up with some type of estimate on these log jam issues on Pigeon Creek. Please get back to us on the Drainage Board for further discussion or further action.

President Winnecke: Steve, do you want to second that?

Commissioner Melcher: Yes, I’ll second that.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, all in favor say aye.

All Commissioners: Aye.

President Winnecke: Opposed? Okay.

(Motion approved 3-0)

Madelyn Grayson: Commissioner Mosbey, do you spell your name M-o-s-b-e-y?

Tim Mosbey: Yes, I’m a Warrick County Mosbey.

Madelyn Grayson: Okay.

Bill Jeffers: That gives Commissioner Mosbey the opportunity to go back, because there are, as you can see, a lot of farmers in this area that are very concerned about it and want to see some sort of action.

Tim Mosbey: I have spoken with a lot of the Vanderburgh County farmers, landowners, and there’s no problem getting access, you know.

Bill Jeffers: Many of them own and farm back and forth across the line, obviously.

Commissioner Tornatta: That sounds great.

Tim Mosbey: Charlie Maglinger is more than cooperative.

Commissioner Tornatta: I bet he is. Hey, once we do that, you would probably be just the point person to deal with the farmers and tell them, give them an update on when things are coming down.

Tim Mosbey: Yeah, I would foresee, if we can find the funding, you know, this would be a project that would be done late fall, winter, that’s the time you get in there and do stuff like that, before the floods start next spring.

Commissioner Tornatta: Right.

Tim Mosbey: You know, because the foliage is down and you can get in there and clean it out a lot easier and everything. You know, the problem is we’ll have to figure out what we’re going to do with some of the log jams. That’s the big issue.

Commissioner Tornatta: Okay.

President Winnecke: Thanks for coming out.

Tim Mosbey: In our county, we have different ways to dispose of it, I think, than what you’re allowed to do here.

Commissioner Melcher: We’ll just send them to your county.

Commissioner Tornatta: Everything can be worked out, buddy.

President Winnecke: Thanks, Tim.

David Miller: Send some of your county folks down on a night train or something and let them take care of it.

Bill Jeffers: I’ll propose we drag them north and east.

Tim Mosbey: If we get them out of the creek, we’ll be happy. You know, that’s the problem.

Commissioner Tornatta: We’ll get into that, but if you could be the liaison between the farmers and say that we are trying to address the problem.

Tim Mosbey: Right. I know most of the landowners on north and south of the creek in this section. Now, once you get on past 164 there, down in through there, but we can find out.

Commissioner Tornatta: Sure.

Tim Mosbey: We’ll get the Drainage Board going, if we could. We still have it in our budget. I don’t know if you guys still have the line item, it’s unfunded, but there’s a line item.

President Winnecke: I don’t think there is in here, but we can’t find, we can make it happen.

Bill Jeffers: Do you know anyone on the Council?

President Winnecke: I used to.

Commissioner Tornatta: He used to. There you go.

Commissioner Melcher: I know a new one.

Commissioner Tornatta: Okay.

Tim Mosbey: Thank you, gentlemen.

Commissioner Tornatta: Thank you.

Bill Jeffers: Thank you, Tim.

Bill Jeffers: The next item is the discussion of the certification of the cost of removal of the drainage obstruction on the property of Linda Phillips. I just happen to have one picture of that that was taken yesterday. There is the newly shaped ditch. You can still see the erosion control fabric with the grass coming up through it. It’s in stable condition and it’s operating.

David Miller: For the Board’s information, we have prepared a lien to be signed by the President of the Drainage Board and recorded, as soon as this cost is certified and approved by you. Then we’ll proceed to collect it. It will be placed as a lien against the property.

Commissioner Tornatta: Bill, what is that number?

President Winnecke: $2,150 is the total cost of the lien.

Commissioner Melcher: So, do you need a motion on that?

President Winnecke: Mr. Jeffers has certified that this work is complete, correct?

Bill Jeffers: Yes, sir, and there’s the pictorial evidence thereof. That is correct, and it is complete.

Commissioner Tornatta: Alright, I make a motion to approve.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, all in favor aye.

All Commissioners: Aye.

President Winnecke: Opposed? Thank you.

(Motion approved 3-0)

Bill Jeffers: The last piece of business I have is claims for ditch work. They’re normal claims that come in for ditch work. However, I do have one emergency claim on behalf of Kevin Rexing, an invoice for emergency work cutting trees out of Pond Flat Lateral D and clearing debris that was downed from a windstorm or two in the last couple of months. I went ahead and ordered that done. There were trees that were blown down in Pond Flat D up there by Ameriqual Industries, and didn’t want water backing up on their property. I ask you to approve all of these claims. The paperwork is all in order, and it is signed.

Commissioner Melcher: Move for approval.

Commissioner Tornatta: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, all in favor say aye.

All Commissioners: Aye.

President Winnecke: Opposed? The claims are approved.

(Motion approved 3-0)

President Winnecke: Any public comment to come before the Vanderburgh County Drainage Board today? Hearing none. I would consider a motion to adjourn.

Commissioner Tornatta: So moved.

Commissioner Melcher: Second.

President Winnecke: We are adjourned.

(The meeting was adjourned at 6:04 p.m.)

Those in Attendance:

Lloyd Winnecke                        Troy Tornatta                            Stephen Melcher

Bill Jeffers                                 David Miller                               Madelyn Grayson

Tim Mosbey                              Others Unidentified                   Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Lloyd Winnecke, President

Troy Tornatta, Vice President

Stephen Melcher, Member

(Recorded and transcribed by Madelyn Grayson.)