VANDERBURGH COUNTY

DRAINAGE BOARD

MAY 27, 2003

The Vanderburgh County Drainage Board met in session this 27^th day of May, 2003 at 4:34 p.m. in Room 307 of the Civic Center Complex with President Catherine Fanello presiding.

President Fanello: Call to order Vanderburgh County Drainage Board meeting, May 27^th. Do I have approval of the minutes of the previous meeting?

Commissioner Mosby: So moved.

Commissioner Crouch: Second.

President Fanello: So ordered.

President Fanello: Old Business.

Bill Jeffers: I’m supposed to give you a report on Rose and Paul Stofleth’s petition to remove an obstruction. The petition was filed last month, and I believe you’ve set a hearing date for June 23^rd, if I’m not mistaken. I’ll have to check the minutes to make sure on that. There’s a drawing with this report, the basic complaint by Mr. and Mrs. Stofleth was that their neighbor had placed some dirt fill from a swimming pool, and other materials including a new board fence into a depression along the respondent’s land, and it resulted in forcing water across the property line, and on to the Stofleth’s property. On Monday, May 25^th, there’s a typo there, that was yesterday, May 25^th, at about 4:00 p.m., the County Surveyor visited the site and viewed it with Mr. Stofleth. There’s some more detailed observations there. Then today, which should say May 26^th, the County Surveyor investigated public records, and found that Maxwell Place, and the petitioner owns lot six at 3816 Maxwell Court, that Maxwell Place is inside the corporate boundaries of Evansville, and the City Engineer holds a file on the project that was completed in 1983. The file does not contain a drainage plan. Files at the Area Plan Commission also do not indicate a drainage plan was submitted. The recorded plat, of which you have a copy in front of you, shows the petitioner is lot six, surrounded by a 10' wide drainage easement labeled “easement for drainage swale”, indicating a clear intent that the storm water from the individual lots be carried through a system of open water ways, or possibly pipes, specifically designed for Maxwell Place. The plat carries the seal and signature of Sam Biggerstaff. Morley and Associates now own Mr. Biggerstaff’s records. In their record room there is a drawing, which I have a copy of in our office, completed by Mr. Biggerstaff for Maxwell Place, that shows the storm water and the sanitary sewer layout, and the plan indicates that the ground along the south line could be graded so that the surface water would flow from where it now stands on the Stofleth’s property, hence due west to a bee hive inlet at the southwest corner of lot nine in the same subdivision. I have that drawn in squiggly lines on the handout. So, there is some possible solutions I’m offering to the petitioner; number one, that he abandon his petition and pursue a private action with other affected landowners, his neighbors in Maxwell Place, in accordance with their covenants and restrictions, which prohibit fencing or filling of that swale, and restore it to it’s apparent planned course to carry storm water along the south line of the subdivision to that bee hive inlet. Solution number two, the petitioner abandon his petition and pursue a remedy in conjunction with the City Engineer and the Board of Works to restore that drainage pattern. I talked with the City Engineer since I wrote this, and that’s, they have the same policy you do, that property owners maintain their drainage easements as designed. Mr. Winternheimer might have a greater insight into that, having been the City Attorney at one time. We’ll leave that, I suppose, unless he wants to make a comment to the hearing. Solution number three, that the petitioner amend his petition to remove the complaint against 1820 North Colony Road, and direct the complaint against property owners to the west of him, or to the south of him, whichever is applicable, to accomplish surface water drainage through the swales that were apparently intended to take the surface water drainage away from his property. In other words there are obstructions in these swales to the south in Cinnamon Place, and to the west in Maxwell Court, or Maxwell Place. There’s obstructions in both directions in the swales that were apparently intended to carry this water. The obstruction is not on the remonstrators property. She simply built a swimming pool, and took the dirt from that and filled in a depression, which Mr. Stofleth agreed when I was out at his house, the water didn’t go all the way out to the front of her house, it just stood in her yard, and as it drained down it came back from her yard into his. So, the watercourse is not through the respondent that he named. Solution number four, the petitioner hire a consultant, whether he be an engineer or a landscape architect to design a drainage plan utilizing the drainage easements that do surround the petitioners property. As you can see, there is a drainage easement on every side of the petitioners property, expressly for an open swale. Then hire another company, like a landscaper or an excavator to install the plan so that surface water drains from where it stands in his backyard and out to the street called Maxwell Court, where it will be picked up by some inlets. Recommended board action, the County Surveyor recommends that you do continue the hearing on June 23, 2003, and authorize the County Surveyor and the County Auditor to notify the affected parties of the hearing, should the petitioner choose to continue his petition, regardless of these proposed solutions. The reason I say that is, if he doesn’t withdraw it, I’m going to go ahead and notify everybody that owns lot six, seven, eight and nine in Maxwell Court. I don’t show it on this handout, but lots five, six and seven down in Cinnamon Trail PUD also have a swale that’s obstructed, and I would notify them and let the chips fall where they may.

President Fanello: Do I have a motion to that affect?

Commissioner Mosby: Motion to (Inaudible. Mike not on.)

Commissioner Crouch: Second.

President Fanello: So ordered.

Charlene Timmons: Can I ask a question?

Bill Jeffers: You certainly may.

Charlene Timmons: Do we have a notice for the newspaper?

Bill Jeffers: I don’t have a notice prepared right now, but I will just take a notice from the previous hearing that we had last month or so ago, and redraft it to apply to this one, bring it down to Madelyn or to you, and you guys can...along with the property owners names and addresses and you can certify mail it to them.

Charlene Timmons: Okay, because Madelyn’s on vacation this week.

Bill Jeffers: It wouldn’t be until the middle of June, let’s say about the 10^th.

Charlene Timmons: Because she had written down here to advertise it on June the 6^th.

 Bill Jeffers: The 6^th?

Charlene Timmons: Is that what it would take?

Bill Jeffers: I’ll have them ready by the 6^th.

Charlene Timmons: I have to have it to the newspaper before that.

Bill Jeffers: I’ll do it as quick as I can.

Charlene Timmons: Okay. Thank you.

Bill Jeffers: Yes, ma’am.

Bill Jeffers: Under drainage plans, your first plan tonight is the Green River Road Soccer Field Complex being constructed by the Evansville Parks Department. This is a final plan, and before you hear from Mr. Madriaga, the Parks Department Director, and Mr. Farney who drew the plan, I had sent a letter to Mr. Madriaga asking him to confer with the city’s urban forester and with some other folks about conservation practices, and I found out today from Mr. Farney that he had done that prior to my letter, and that the urban forester, Shawn Dickerson, has been involved with this plan from the very beginning, and they are preserving as many trees as possible, and planting suggested trees and so forth. So, this is a large, green project that probably doesn’t need much detention, but there is plenty of detention in the design, loads of it, plus an extra borrow pit that they are routing it through for a settlement basin before it goes into Furlich Creek. It’s a good plan, and I believe John Stoll, your County Engineer, recommended the road plans last week. I think you all approved the road plans. John and I have been in close contact on this, and the County Surveyor’s recommendation is to approve the plan. If you have any questions about it, Mr. Madriaga and Mr. Farney are here to explain it. The only concern I had about anything at this point in time was the possibility of the guard rail along Green River Road between the shoulder of Green River Road and the borrow pit that will be excavated to acquire fill dirt. If there’s a perceived liability for traffic safety there. Mr. Farney said that was in there as an alternate bid, should the County Commissioners find that it’s a necessary protection for the public, the design is there, and it’s an alternate bid item that would be implemented if the County Commissioners found it necessary. Like I said Mr. Madriaga and Mr. Farney are here if you have any questions.

President Fanello: Does the Board have any questions?

Commissioner Mosby: No.

President Fanello: Do you have a presentation that you want to make or anything? Mike’s like, no.

Mike Madriaga: (Inaudible. Not at mike.)

Bill Jeffers: Right. They even have green parking. Seriously, they have areas that they are parking on the grass. It’s almost all green except for the new road ways and some concession stands here and there.

Mike Madriaga: (Inaudible. Not at mike.)

Jim Farney: Jim Farney with Bernardin Lochmueller. The project was preliminarily awarded last Friday at a Parks Board meeting, and there was a list of the alternates that were read out that were selected, and the last alternate, alternate number 12, was to install guard rail along Green River Road. So, there is a guard rail in the project.

Commissioner Mosby: So, did they utilize that alternate? You are putting the guard rail in? Or is it just an alternate?

Jim Farney: Yes. No, we are. It was awarded.

Commissioner Mosby: What about the road going out to Heckel?

Jim Farney: That was not awarded Friday. I’ll let Mike speak to that.

Mike Madriaga: Mike Madriaga, Parks, the project came in high. Construction cost was high. We had three alternates that we had to pull out, and I really think all three are temporary. The lighting, the synthetic field, and the road to Heckel. I think, as indicated in the paper Saturday morning, very accurately by Mr. Marynell that the road, we hope, will be put in in 2004 from monies that the Mayor will indicate will be a city project. This is a city park, although we’re city/county. The road is important to us. We really think that a Heckel Road access is imperative to our project. So, we think that’s a 2004 project. We don’t need that now, because we’re not going to play soccer this fall in there. The lights and the synthetic turf, that’s another question. We’re trying to solicit monies to make sure they happen. Hopefully, the community will step to the plate and help us with that.

President Fanello: Any further questions?

Commissioner Mosby: Motion to approve.

Commissioner Crouch: Second.

President Fanello: So ordered.

Bill Jeffers: Your next drainage plan is called Westcreek Leisure Living. It’s on Allens Lane just a little bit west of St. Joe Avenue. This is a preliminary plan. It’s another big, green plan. It’s got a huge amount of green area being set aside. As a matter of fact, it’s got so much green space that we may ask them to experiment with a vegetative filtration strip, as opposed to a filter fabric silt fence to see which one would perform better. That’s just an aside on the erosion control plan. We’re trying to figure out whether a 60' filter strip would do more than a fabric fence. I believe it would, and so it’s something we’re trying. In this case, Mr. McCullough, Bill Mc Cullough and Mr. Easley. I’m sorry.

Unidentified: Peter. That’s my brother.

Bill Jeffers: That’s your brother. Mr. McCullough’s the builder, and Mr. Easley is the design engineer, if you have any questions. This is a preliminary plan. It’s an apartment project on Allens Lane. The County Surveyor is going to ask that the Board waive the requirement for detention, because of it’s close proximity to Locust Creek, which is a major tributary in Vanderburgh County. There is no detention required here because it discharges directly into the floodplain and the floodway for Pigeon Creek. You don’t have to do that waiver at this time. You may wait until the final plan to waive that requirement. At this time the County Surveyor recommends the preliminary drainage plan for Leisure Living Westcreek, and points out that both the design engineer and the developer are here in case you have questions.

President Fanello: Questions?

Commissioner Mosby: Motion to approve preliminary plan.

Commissioner Crouch: Second.

President Fanello: So ordered.

Unidentified: Thank you all very much.

Bill Jeffers: Thank you, Pete.

Bill Jeffers: YMCA at Burkhardt Crossing is a large lot next to Lowe’s. The detention for this facility is located on the other side of I-164 in the large borrow pit that has the detention for the entire Burkhardt Crossing subdivision. This also is a preliminary plan. It also has a huge amount of green space, because there’s athletic fields involved. The County Surveyor has reviewed the plans with both the design engineer and the tenant and his representatives, YMCA, and recommends approval of the preliminary drainage plan. There are two gentlemen in the audience who represent the YMCA plan, if you have any questions about it. But, basically, it’s an office building and associated athletic fields.

President Fanello: Questions?

Commissioner Mosby: Motion to approve preliminary plan for YMCA.

Commissioner Crouch: Second.

President Fanello: So ordered.

Bill Jeffers: Next item is Persimmon Ridge Subdivision on Nurrenbern Road. It’s a preliminary plan. This particular plan has been withdrawn by the design engineer, Billy Nicholson for one month, and set back on the Area Plan Commission, therefore by one month. So, you’ll be looking at this, most likely, June 23^rd.

Bill Jeffers: Under other drainage plans, I did have a plan come in today, this afternoon, and it’s lot 65, Carrington Estates Subdivision, from Mr. Tim Gerhardt, the owner of lot 65. The address is 2901 Charleston Court. Here’s a copy of the lot. As you know the new plats for a subdivision since 1994 carry a notice that says any pipe, fence, wall, building, swimming pool, patio, planting, stored material, excavation, fill, or other construction, improvement, addition to, or alteration of the land within a drainage easement in this subdivision, requires the prior written approval of the county Drainage Board. You may base your approval of a plan on a recommendation from a technical advisor to your board, or at your discretion you may approve a plan without that recommendation. Right now the plan consists of a cover letter from Matt Wallace, Civil Staff Engineer at Morley and Associates, who says that the amount of water that must be conveyed through the open ditch behind this property can be conveyed in a 12" smooth wall plastic pipe laid on a slope of .18 percent. And that the pipe would be installed according to specifications of the manufacturer, and in accordance with your ordinance, which says that all pipe has to be covered by 2' of fill. We have waived that particular requirement, so long as it’s installed in accordance with the manufacturer’s recommendation for the particular pipe that’s used. In some cases 2' of cover cannot be accomplished without causing drainage problems. It’s also accompanied by a sheet that shows calculations that that size pipe laid on that grade will work. I had spoken with another engineer who potentially was going to represent Mr. Gerhardt on this, and said for something of this nature, if you’ll look at that drawing, the reason that the drainage easement is located 13' north of the south line of the subdivision is because the developer and potential buyers had indicated that they wanted to preserve a tree line along the south line of Carrington Estates. They didn’t want to disrupt the trees or kill the roots, because they wanted those trees there. So, they moved the drainage easement into that lot, along with all the other lots as you see, some places greater than 13'. Some cases up to 20', 25'. The drainage easement is only 10' wide, and that’s because very little water does in fact flow down in the direction of Mr. Gerhardt’s property. Then there’s a 5' adjacent public utility easement. It’s my understanding, and Mr. Gerhardt is here in the audience and could answer your questions, or more fully explain, that his desire is to construct a swimming pool in his back yard. His swimming pool contractor has indicated a lack of space. Mr. Gerhardt has indicated a desire to utilize the drainage easement by piping it, and fencing over top of it. I’m assuming as close to his rear line as he can install a fence. I will say that when you go out there, it’s my understanding that there are no fences in this drainage easement, on any other lot nearby. This would be the first, and because of that, I had indicated to one of the engineers who had said he was possibly going to submit a plan, that we would have to have a very detailed plan to make sure that a fence or any other landscaping would not represent an obstruction to that drainage easement, and that there would be an emergency overflow where if we had a hundred year storm, or even a, according to our ordinance, a 50 year storm, would still be carried through that easement over the top of the ground as if that pipe were plugged. I don’t have that detailed of a design here in front of me. I am reluctant to give a positive recommendation without a detailed design, but your ordinance does allow for an applicant or a petitioner to come before you, at any time, with or without a recommendation and plead his case and speak to you. Like I say, the gentleman is here in the audience, and may wish to do that.

Unidentified: I don’t know what to tell you about it–

President Fanello: You have to come to the microphone and state your name and address.

Tim Gerhardt: Tim Gerhardt, 2901 Charlestown. I don’t really know enough about this. I was going to hire somebody that would comply with everything that needs to be done to do the adequate drainage for it, and build the fence to the proper height that whatever, you know, so that it wouldn’t retain any type of water. You know if that needs to be 12", I don’t know if there’s a guideline for that. I know it says not to obstruct the ditch, but it doesn’t have a height requirement. I mean, I would assume if you put a, I don’t know anything about engineering, but if you would put a 12" pipe in, I guess, if your fence was 12" off the ground, if the pipe’s adequate to handle it, I would think, if the fence is that high up off, it would handle that volume of water. As he said, there is very little water in this situation, even under a storm condition, because 80' west of me is a pipe that takes off all the surface water from the back of the subdivision, and takes it back out to the main sewers, I guess. So, I’ve got 80' of water in front of me that is really no more than standing water, and more of a health hazard than anything, probably. Because it’s a mosquito pit. My wife has got in her mind that’s she’s going to end up with West Nile Virus because of this federal stuff she’s been pulling up on the Internet and everything else so. I’ll be shot if I don’t get this thing done. That’s my case.

President Fanello: Does anybody have any questions?

Tim Gerhardt: I mean, I would be glad, whatever has to be done, you know, if it has to, you know, put the pipe in, and get an inspection, and then put a fence in and get an inspection. Whatever it takes to comply. I’m not trying to sneak nothing in. That’s why I went to the trouble to pay, and go through all the right channels to get this done.

President Fanello: We understand that. It’s very, I can’t think of a time since I’ve been sitting here that we’ve really gone this route. Mr. Jeffers, do you?

Bill Jeffers: It’s rare. We do give people the opportunity because the ordinance does say that if a registered engineer submits a plan that shows there’s an alternative way to accomplish the requirements of the drainage ordinance, other than what you’ve already approved as the final drainage plan, as you have here, that they may submit a modified plan. As I said, this plan is not as detailed as what the ordinance indicates, and it does not carry, as far as I know, Mr. Wallace is not a registered engineer at this time.

President Fanello: The Board’s feelings?

Commissioner Mosby: Is this preliminary approval? Is this what they are asking for?

President Fanello: Can we give him some–

Bill Jeffers: I would imagine that Mr. Gerhardt wants as quick a final approval as he can, because he’s dealing with a swimming pool contractor who is saying that it is going to cost “x” amount of dollars to haul all that dirt fill away, and he has an opportunity to dispose of it on-site by putting a pipe in the ground, and using the dirt to cover the pipe up, and acquiring greater use of his yard. Is that a correct–

Tim Gerhardt: The greater use of the yard, financially it costs more to put the pipe in and landscape it to receive it around the fence, and make everything look nice, far more than what it would cost to have several tracts of loads of dirt hauled off. It’s not an issue with the excavating situation, because my father-in-law owns an excavating company. So, you know, to get the pool at a decent grade in relationship with this back yard that slopes off radically to this ditch, it’s just, I guess, I’m just trying to make it look nice, and be a functional, you know, back yard. I own 20' behind this ditch that I could incorporate in my back yard.

Bill Jeffers: You also realize that you need the letters from six other utilities about covering that easement up?

Tim Gerhardt: With the–

Bill Jeffers: You’re only going to fence the easement? You’re not covering it with a pool deck or anything?

Tim Gerhardt: No, no, no, no. I’m, we’re 25, we’re 20 plus feet away from... the pool deck’s not an issue.

Bill Jeffers: The pool deck is how far away from the easement?

Tim Gerhardt: Oh, probably 20' at least. Maybe 25'. It’s way up in the yard, but it drops down so radically, and I can flatten it out somewhat, and get, you know, something workable, manageable.

Bill Jeffers: Could you build a retaining wall along the edge of the 10' drainage easement?

Tim Gerhardt: Could I build one?

Bill Jeffers: Build a retaining wall there, and leave the ditch open?

Tim Gerhardt: That’s a possibility. That’s, that gets into a considerable more amount of money. I priced the tonnage on the stone, and the labor to do it, and that’s a bunch of money. It doesn’t solve the problem with the standing water. There is never, an amount of surface water isn’t the issue here, it’s just the standing water. You can’t mow the ditch, my neighbor can’t mow his ditch...he gets out there and the weeds are this tall, because the standing water, you try to walk through it, it’s mud, it’s just a...it’s not a good situation. I guess, when the builder did this subdivision that’s a cheap way to do it. I don’t know. I’m not an engineer. I don’t know anything about this. But, I would assume it was cheaper.

Bill Jeffers: Where did you find out that it was more expensive to pipe it?

Tim Gerhardt: Well, probably–

Bill Jeffers: $5,000.

Tim Gerhardt: To pipe it?

Bill Jeffers: Probably.

Tim Gerhardt: Oh, no. Uh-uh.

Bill Jeffers: Regardless of the money, it’s...if, in fact, that ditch grade is less than .8 percent, it should of had a paved bottom in it anyway. That cures the standing water problem.

Tim Gerhardt: Well, you know, I know the utilities aren’t in the actual ditch itself, so, I guess, something could be placed in there to stop the standing water, I don’t know. I’m just thinking of a way that’s going to kill two birds with one stone. Stop the mosquito deal, the standing water, and give me somewhat of a useable, or at least the appearance of a useable back yard. And at the same time comply with whatever codes and restrictions need to be met to satisfy it.

Commissioner Crouch: While I appreciate your need for haste, I think it would be a little, at least I personally feel it would be a little premature for us to approve a preliminary plan without the recommendation of the technical advisor. Since he said at this point in time he’s reluctant to make that recommendation, I think it would be premature for us to go ahead and pass on this preliminary plan. I’m not sure there’s really a plan.

Tim Gerhardt: Well, the first company that reviewed this and looked at it, well, they new the deadline was going to be on the 27^th to meet with you guys. Well, all the way up until Thursday of last week, no one would return phone calls, and, I guess, it’s too small a job for Sitecon to do. Not worth their time. So, I paid Morley to get something done for me, at a last minute situation, you know.

President Fanello: We understand that, but usually we don’t...it’s very, very rare that we don’t take the Surveyor’s recommendation. You know, if he doesn’t have all of the complete information, so.

Tim Gerhardt: Well, what do I need to do to satisfy–

Bill Jeffers: You need a detailed drainage plan that shows the exact location of the pipe on a drawing, and all the other details that Morley and Associates are aware of for...the last one we did like this Dave Schmenke from Morley and Associates turned it in for a subdivision off of Bergdolt Road. I don’t recall the exact address or anything, but it was a very similar situation. Almost identical situation. The first one he turned in, if the water had gone over the top of the pipe, because a soccer ball, for example, got stuck in the pipe, the water would have gone through this person’s yard and down into his window wells into his basement. Now, you don’t have a basement.

Tim Gerhardt: Well, I mean, elevation-wise–

Bill Jeffers: I mean, those are the kind of the things that even an engineer sometimes did not catch, and when I reviewed the plans, and when I looked at the site, came back, and he agreed with me, if the water went over the top of the pipe, because it was stopped up, it would have gone through the vents in the window wells.

Tim Gerhardt: Right, well, I know you don’t know without looking at anything. I can tell you it would take about 8'--

Bill Jeffers: It’s a really tricky situation, and it became exasperated in 1996 when we had a huge amount of rainfall at this time of year, and a lot of people’s pipes got stopped up, and a lot of houses, especially basements and garages were flooded because of alterations that were made in drainage easements.

Tim Gerhardt: Right.

Bill Jeffers: So, we’re kind of gun shy.

Tim Gerhardt: Oh, I know, I understand what you’re saying. I know that we need to incorporate a back up system that would run over and carry down to my–

Bill Jeffers: Exactly.

Tim Gerhardt: –next lowest lot next to me, which would be my neighbor to the east of me.

Bill Jeffers: That’s right.

Tim Gerhardt: Yeah, I’m aware of that. I mean, that would be a situation where if it came up that high–

Bill Jeffers: I feel like in order to protect this Board from repercussions or to preserve the professional way that we look at drainage issues that we really need a detailed site plan–

Tim Gerhardt: Alright.

Bill Jeffers: –that shows exactly what’s entailed in installing this, so that when they approve a plan, someone can take that picture, and those drawings and go out and install that plan exactly as it was approved.

Tim Gerhardt: Well, apparently I’ve come here unprepared. I didn’t realize that Morley and Associates...they’ve done work for us in the past on our buildings. I would assume that he would have known what you needed. Especially for the amount of money we pay them. So, I guess, I need to go back and pay more money, basically.

Bill Jeffers: It’s going to take an on-site survey, I think, and he may not have had time to go out and do that for you today, or over the weekend.

Tim Gerhardt: Well, he knew what my direction was to get down here, you know, and meet with you guys to get this done. Or try to do whatever I could do. If I can get him to do that, is there anyway we can get it, you know, whatever he’s got to do to meet whatever...is there something we can do to still get it okay’d?

Bill Jeffers: If the Board wishes to have a special drainage hearing for one issue.

Tim Gerhardt: Yeah, I’m sure that’s going to happen.

Bill Jeffers: Our next meeting will be June 23^rd.

Tim Gerhardt: Yeah, that’s what I was afraid of. Okay.

President Fanello: Sorry.

Tim Gerhardt: So, that’s it.

President Fanello: Thank you.

Bill Jeffers: Thank you for coming.

Commissioner Mosby: Do we want a motion to hold this?

Bill Jeffers: Pardon me?

President Fanello: I don’t know that we need a motion to hold it. I mean, he just dropped it off to Bill today, didn’t he?

Bill Jeffers: I was just giving him the opportunity to speak, because he seemed set on talking to you.

President Fanello: It really wasn’t an agenda item, I don’t know that we need a motion.

Bill Jeffers: You could table this plan, and revisit at your next meeting with additional information.

Commissioner Mosby: Motion to table and continue until June 23^rd.

Commissioner Crouch: Second.

President Fanello: So moved. So ordered, I mean.

Bill Jeffers: Okay, you have one ditch maintenance claim. This is a case out around Summit Place Subdivision where the residents have experienced discomfort due to extremely rapid growing grass, tall types of grass like Johnson grass, etcetera, and we’ve upped the mowing to three times a month, because they’ve experienced a lot of just...there’s people with asthma, there’s elderly people there with breathing problems, and other related things. Anyway, we’re mowing three times a month, or three times a year, which is the reason that came to you so early this year.

President Fanello: Do I have a motion to approve?

Bill Jeffers: To approve ditch maintenance claim for Bonnie View extension, and Bonnie View, I believe it is, whatever is on that claim there. Crawford Brandeis.

President Fanello: Crawford Brandeis.

Bill Jeffers: And Bonnie View extension.

Commissioner Mosby: Motion to approve ditch claim for Bonnie View, Crawford Brandeis.

Commissioner Crouch: Second.

President Fanello: So ordered.

Bill Jeffers: I’m not aware of any encroachment agreements or relaxation requests that have come to you, unless the Auditor has one.

Bill Jeffers: Or petitions, or any other reports .

Bill Jeffers: On correspondence, this is one of the reasons that I’m particularly shy about modifying plans, on May 1^st I sent Mr. Kunkel a letter, because I had gone out at the request of Mr. Rich and looked at the situation, and while we were out there I realized that the emergency overflow behind his house was not put in. When I really got to looking close, I saw that a pipe which he had put in the ditch were it to be stopped up or overtopped, the water would run across his property line, and run down through Mr. Rich’s property. Mind you this was May 1^st, and I was very alarmed, so I ran back to the office, wrote out this thing demanding that Mr. Kunkel supply a schedule of construction activities, along with immediately removing all of these trees and other stuff that he had left in the street, which is a public accepted street. I thought that was a danger to motorists. You can read it at your leisure, it’s a rather long letter. You all have copies of it though. Well, your staff can make copies of it. It wasn’t but a few days later that the rain occurred, went over the top of the pipe, flooded Mr. Rich’s two garages. He has one garage where he keeps his race car and stuff. Got mud all over the floor of those two garages, went down took all the straw, and the hay, and all the silt fence off of Mr. Kunkel’s lot. Crammed it into your pipe under Oak Gate Road. Water went over top of the pipe, went down to the next guy’s garage, flooded three garages. Consequently Mr. Kunkel got up off of dead center and completed quite a few things in the last week, but I still just want to bring it to your attention that if he does not follow the schedule, and stay on it, and stay with it until this is complete, I will come to your Commissioners meeting and ask you to put a stop work order through the county Building Commission office, and stop all the work on his house until he completes the drainage plan. Because, I just feel very strongly about it. So, I’m letting you know, we can’t do that on this Board. In other words, you can’t issue a stop work order through the Drainage Board, it has to be issued through the County Commissioners. Because I was dealing with some other issues after 3:00 today, I was not able to write a full report, but I do have a copy here of what I sent Mr. Kunkel. I do have a copy of his response, and I can tell you he did clean everything out of the street. He did put in the emergency overflow. He did, last week, I think, you got Mike Wathen in here saying that he got his erosion control under control. But, I just feel like we can’t let these things happen. The plan that was drawn by Morley and Associates for this site was fully capable of operating and protecting all houses involved in this flooding, if it had been in place. This is just one of those issues where we’ve got to have detailed plans, and they have to be followed to the “t”. So, other than that, it doesn’t require a motion, I’m just informing you of some correspondence, and I feel very badly about what happened out there. I hope it will never happen again. I’m going to stay on top of it. I may be back if something like this comes up on any site, I may come to the County Commissioners meeting and ask for a stop work order, because that does get people’s attention.

President Fanello: Thank you, Bill.

Bill Jeffers: Unless there’s any questions or comments from the Board to staff, I have nothing further.

President Fanello: Do I have a motion to adjourn.

Commissioner Mosby: Motion to adjourn.

Commissioner Crouch: Second.

President Fanello: So ordered.

(The meeting was adjourned at 5:15p.m.)

Those in Attendance:

         Catherine Fanello           David W. Mosby             Suzanne M. Crouch

         Kevin Winternheimer      Bill Jeffers                       Charlene Timmons

         Tim Gerhardt                  Mike Madriaga                Jim Farney            

         Others Unidentified         Members of Media