VANDERBURGH COUNTY

DRAINAGE BOARD

MAY 23, 2006

The Vanderburgh County Drainage Board met in session this 23^rd day of May, 2006 at 3:50 p.m. in room 301 of the Civic Center Complex with President Bill Nix presiding.

President Nix: I would like to call to order the Vanderburgh County Drainage Board meeting, Tuesday, May 23, 2006 at 3:50.

President Nix: I would entertain a motion to approve minutes of the previous meeting.

Commissioner Musgrave: So moved.

Commissioner Shetler: Second.

President Nix: All in favor?

All Commissioners: Aye.

Bill Jeffers: Good afternoon. Bill Jeffers, Vanderburgh County Surveyor, serving as your technical advisor to the Drainage Board. We thought we had a surprise for you today. We had the new, color orthos from the state, but for some reason we’re failing to retrieve them at this location. We were able to retrieve them at our office, but we’re back to black and white it looks like, if anything. The first item is Gauger Subdivision. It’s a little, three lot major sub. We don’t anticipate 10,000 square feet of new, hard surface being applied. So, it really doesn’t even qualify as a project under our drainage code. That’s because there’s already, as you can see, two houses, and they just simply created a third lot. But, because our subdivision code requires that, or qualifies that as a major subdivision, Area Plan Commission requires some sort of Drainage Board approval before it goes to Area Plan Commission hearing. I asked the developer’s engineer simply to locate any natural surface watercourses on the plat, and designate pipe sizes for a new driveway, to make sure that the driveway pipe would be adequate to pass the storm water generated over here on this lot that will pass to the west, so the driveway pipe will pass the water. Very simple. The County Surveyor recommends approval of the drainage plan for Gauger Subdivision.

Commissioner Musgrave: Motion to adopt the County Surveyor’s recommendation.

Commissioner Shetler: Second.

President Nix: All in favor?

All Commissioners: Aye.

Bill Jeffers: The second item is really not any more complicated. Just a moment.

President Nix: Is this the third one, then?

Bill Jeffers: That’s the third one. Okay, we’re trying some new things today, I’m sorry to have to turn the lights off on you, but on the color orthos the red showed up better than yellow or white. So, that’s why you see red here. If that was laid over the top of the color orthos, it would look real nice. Anyhow, what we’re looking at is Wolf Creek Village, Section II. It’s an extension of the condominiums from section one over here out at Eickhoff Road and Hogue Road. Down in this corner there are a group of condominiums units, and if you’ll look on the map I’ve provided, building nine was placed as shown on that site plan. Due to some land grading issues, and some driveway issues, turning radius, that type of thing, the developer has asked to move building nine slightly to the west. There will be a lake in this area right here. It’s already constructed actually. The alignment that the developer wishes puts the lake within 47 feet of the closest point of the building. Our code requires 50 foot separation, unless a waiver is granted, or a variance is granted. You can grant a variance here today. The building will still be 15 ½ feet, at it’s closest point, to the drainage easement, and 47 feet, at it’s closest point, to water’s edge. The County Surveyor recommends approval of the request for the variance to move building nine within 47 feet of the water’s edge. We don’t anticipate any, well, we don’t anticipate any problem with it. Here’s the written document making the request.

President Nix: Questions from the board?

Commissioner Musgrave: No questions. You’ve recommended this, Surveyor Jeffers?

Bill Jeffers: Yes, Ma’am, and I would add that it’s not the first time I’ve recommended such a variance at Wolf Creek, or at other places, and it has been granted by other Drainage Boards in the past.

Commissioner Musgrave: Okay.

Bill Jeffers: After appropriate hearing.

Commissioner Musgrave: Motion to adopt the Surveyor’s recommendation.

President Nix: All in favor?

All Commissioners: Aye.

Bill Jeffers: The next one is a minor modification of a final drainage plan pertaining to lot 208, Windemere Subdivision, Section Five. If you’ll look at the plan you’ll see that Ron Dauby, homebuilder, has built a beautiful home on section, on lot 208, and has entered into a contract to sell the home with a buyer. The buyer wished to level out the backyard and place his fence closer to the north lot line. In order to do that, Mr. Dauby had to install a concrete drainage pipe in an open ditch. The plans you have in front of you show the pipe. The calculations were done by Keith Poff of Sitecon. All the design work was done by him. The proposed design conforms to all the requirements of the drainage code. Coming to you shortly after, if you approve this, will be an encroachment permit to allow a fence within that drainage easement as well. This is basically a small patio type home, and the fellas just trying to gain an additional four feet of yard space. The County Surveyor’s reviewed the plans and recommends approval.

Commissioner Musgrave: Motion to adopt the Surveyor’s recommendation.

Commissioner Shetler: Second.

President Nix: All in favor?

All Commissioners: Aye.

Bill Jeffers: You now have in front of you my copy of a document, which your secretary holds the original for. It’s the encroachment permit. All the language is in accordance with the language that’s been approved by your County Attorney. It’s simply a form that we use to indemnify the County Commissioners and the County Drainage Board, in order to allow the encroachment of a drainage easement by a fence. Basically, this man is asking for another four feet usage within the easement, and in order to do that he’s moving the fence, there still will be seven to ten feet of drainage easement for the possible replacement of that pipe, if it should ever occur, and that’s plenty. The County Surveyor recommends approval of the encroachment permit for the address, 2440 Aiden Drive, which is, in fact, lot 208, Windemere, Section Five.

Commissioner Shetler: So moved.

Commissioner Musgrave: I’ll second.

President Nix: All in favor?

All Commissioners: Aye.

Bill Jeffers: Under contracts to receive, we’re still holding the contract with Wessler that’s been reviewed by your County Attorney. I’ve given your Recording Secretary five copies of the insurance documents that were requested by your attorney. They appear to be in order, and the County Surveyor recommends entering into that contract in accordance with this language. Those documents are on your desk, and the County Attorney is looking at them.

Ted C. Ziemer, Jr.: Yeah, the insurance certificates are what Wessler and I agreed to. If they’re attached to the agreements, they can be safely executed.

Commissioner Musgrave: Motion to approve.

Commissioner Shetler: Second.

Ted C. Ziemer, Jr.: Actually, you’ve already done that.

Commissioner Musgrave: Never mind.

Ted C. Ziemer, Jr.: Yeah, you just need to sign them.

Bill Jeffers: Thank you for your signatures on that. We will proceed with that contract with Wessler.

Bill Jeffers: The last item that I have, there are blue claims for maintenance on regulated drains thus far in 2006.

Commissioner Musgrave: Motion to approve the claims.

Commissioner Shetler: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Mr. Jeffers, do you have anything else to bring in front of the board?

Bill Jeffers: I’m just, wish you well, glad it’s you, not me that’s going out to the 4-H Center.

Commissioner Musgrave: Come on out.

Bill Jeffers: I can say, you know, I know smoking is unhealthy, I know that, but, you know, the stress they’re putting you through in these meetings is also a strain on your health. So, I wish you well.

Commissioner Nix: Thank you. I would entertain a motion to adjourn.

Commissioner Musgrave: So moved.

Commissioner Shetler: Second.

President Nix: All in favor?

All Commissioners: Aye.

(The meeting was adjourned at 4:00 p.m.)

Those in Attendance:

Bill Nix                                      Cheryl Musgrave                      Tom Shetler, Jr.

Bill Jeffers                                 Ted C. Ziemer, Jr.          Madelyn Grayson

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Bill Nix, President

Cheryl Musgrave, Vice President

Tom Shetler, Jr., Member

Recorded and transcribed by Madelyn Grayson.