VANDERBURGH COUNTY

DRAINAGE BOARD

NOVEMBER 24, 2003

The Vanderburgh County Drainage Board met in session this 24^th day of November, 2003 at 6:22 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, November 24^th.

President Fanello: Do I have an approval for the minutes of the previous meeting?

Commissioner Mosby: So moved.

Commissioner Crouch: Second.

President Fanello: So ordered.

President Fanello: Old business, we’ll turn it over to the County Surveyor, Mr. Jeffers.

Bill Jeffers: Update on the Jones order to remove an obstruction. This was on St. Joe Avenue at Sheridan Drive. We removed it Saturday with an excavator and restored the ditch line. I’ll forward a billing, or the amount of the billing to the County Attorney for collection at a later date, and report to you on that next month, the forwarding of the bill. Anyway, it’s accomplished, and the end of that report.

Bill Jeffers: Under drainage plans, we have a new subdivision called Country View Subdivision. It’s located on Kansas Road west of State Road 57. This is a preliminary plan. For those in the audience who are going to speak to it, against it, for it, a preliminary plan has certain requirements for content, which this plan meets. After it leaves this hearing, if it is approved, it goes to Area Plan Commission for a full hearing on the primary plat. Then within a month or so it will return to this board for a hearing of it’s final drainage plan. Of course, the final drainage plan contains a much greater amount of detail, in as far as it’s a construction plan that shows exactly how it will be completed in phases. The preliminary plan is a workable plan that doesn’t necessarily reflect all the exact details that a final plan will reflect. That gives the persons who are concerned about the plan 30 days or more to work with the developer and his consulting engineers, James E. Morley, to work out any concerns that they may have with regard to drainage. We would like for everyone to keep their comments to drainage in this hearing. The Area Plan Commission will hear other issues such as density, traffic, etcetera. We’re only concerned with drainage, erosion control, and sediment control in the Drainage Board. If we could, I would like for the developer or his engineer to present the plan. Then we’ll hear from those persons in the audience who have comment on the plan. Then you’ll hear the Surveyor’s technical recommendation to the board.

Jim Morley, Jr.: Jim Morley, Jr. of Morley and Associates, project engineer. The project we’ve submitted is in compliance with the preliminary drainage ordinance. The drainage facilities, or the storm water retention facilities we have, far exceed the requirements that the county ordinance has. In essence, what we’ve ended up doing is setting up a drainage basin for an entire watershed, not just our subdivision, but for an entire watershed about two to three times the size of our project. So, we offer roughly five times the storage required for our project, and about 50% again the storage required for a much larger watershed. So, we don’t anticipate any problems when it comes to drainage. There is plenty of storage in the facility. All the rest of the storm sewer system will consist of pipes and swales appropriately sized to convey all of that water to the storm water retention basin.

President Fanello: Are there any questions? Are there any individuals in the audience wishing to address the Country View Subdivision drainage plan?

Bill Reinhart: You know–

President Fanello: Please come to the mike, and state your name and your address.

Bill Reinhart: Bill Reinhart, 2515 Viehe Drive. He was explaining it out there and it sounds pretty good, but I don’t know if the Drainage Board can actually make this, but we want to make sure that at the back of the Viehe subdivision, off of Viehe Drive, there’s a swale in there that’s going to carry this water. Can we be guaranteed that that’s not going to flood into our yards eventually? I mean, I don’t know how this all works, but we just want to make sure. I think the way it was explained that it is, but is there anyway that we can get a guarantee that it’s not going to? I don’t know.

Bill Jeffers: We can tell you that the plan that Mr. Morley is designing is required to carry the entire flow of the water arriving at his subdivision, that arrives to the boundaries of his subdivision, he is required to carry the 25 year volume, through the drainage facility, without causing flooding outside the channels that that flow is in. He’s required to carry the 50 year storm flow through the easements without flooding outside the easement lines. It may come out of the bank, but it won’t go outside the easement lines. Then the 100 year flow is required to not inundate an existing or future dwelling structure, garage, etcetera. So, if you have a condition in Viehe subdivision where you have experienced flooding during any one of those storm events, you most likely will still experience some flooding during a similar storm event. We can’t guarantee–

Bill Reinhart: But there shouldn’t be water coming off that?

Bill Jeffers: There shouldn’t be any additional water from his subdivision backing up onto you.

Bill Reinhart: Okay.

Bill Jeffers: His lake is oversized, I don’t anticipate...I actually anticipate that it will be a better situation, but I can’t guarantee no flooding whatsoever, because I believe there’s some flooding that occurs out there naturally.

Bill Reinhart: Okay. Thanks.

Bill Jeffers: Yes, sir.

William Deppen: I’m William Deppen, 2441 Southeast Browning Road. The proposed project backs up to our back end of our lot. Of course, he sent us this map, but I defy anyone to read it. In the registered mail. I can’t find a heavy enough magnifying glass to read it. So, I have a couple of questions. First, where does the drainage start in relationship to our property? There’s an old road bed in back of us, that at one time, of course, was a road to Petersburg. Now, is that going to be disturbed? Or are we going to stay on the other side of the big trees on the other side of the bed?

Bill Jeffers: Mr. Deppen, he will not disturb any ground outside of his property.

William Deppen: Well, I guess, I would like to know where his property is?

Bill Jeffers: His property is apparently adjacent to yours, and shares a property line. He will not cross your property line with any land disturbing activities?

William Deppen: Okay, now my property line, now do I have a 15' easement in back of my property?

Bill Jeffers: Only if it’s platted on your property. Is there an easement platted on your property?

William Deppen: There is on the sides, and I haven’t looked at it on the back. But, as I said, there is an old road bed–

Bill Jeffers: He will not be using the easement inside your property lines. He will have his own easements dedicated inside his project line for drainage.

William Deppen: When will we know where that is going to be?

Bill Jeffers: I have an extra set of plans, and with his permission I would show them to you now.

William Deppen: I would appreciate it, because with this I can’t tell a thing.

Bill Jeffers: Right, that’s simply a notification to let you know we’re having this meeting, and to send out a full set of plans would be economically unfeasible. However, I will give you my extra set of plans, and you may take and show them to, or you can look at them yourself or show them to your neighbors.

William Deppen: Okay.

Bill Jeffers: All the land disturbing activity will occur inside of this platted area. I’ll mark, is your name...how do you spell your name, sir?

William Deppen: D-e-p-p-e-n. Deppen.

Bill Jeffers: I have troubling reading the big map. Do you know where that is, Jim? Which lot is his?

Jim Morley, Jr.: I can address a couple of those for you if you want.

Bill Jeffers: Okay, why don’t you take this and show him where he is on this plat. He has a Petersburg Road address, and then he can keep this plat.

William Deppen: (Inaudible. Not at mike.)

Bill Jeffers: Or a Browning Road address.

Jim Morley, Jr.: Do you want me to address one of his concerns at this time, or wait?

Bill Jeffers: That’s fine, right now if you want to, Jim.

President Fanello: Yeah, you can go ahead.

Jim Morley, Jr.: The perimeter of this project is wrapped in rear yard swales. From the property line to the center of the swale is approximately 12'. So, the land disturbing activities, like Bill said, will be limited to our property only, and from your back property line to the center of the swale will be about 12'.

William Deppen: (Inaudible. Not at mike.)

Jim Morley, Jr.: To the center of the rear yard swale. The drainage swale on the back, to keep the water from leaving this site and coming on to the adjoiners.

William Deppen: In other words, you are going to use the old road bed (Inaudible)?

Jim Morley, Jr.: If the old road bed is within 12', then, I guess, it will be excavated out. I don’t believe, if I remember right, I don’t believe there is a platted right-of-way for the old road bed.

(Comments and discussion made away from microphone.)

Bill Jeffers: Is there anyone else who would like to address the board at this time while Mr. Morley is viewing the plat with Mr. Deppen?

President Fanello: I don’t see any. Do you want me to go on to, or wait?

Bill Jeffers: Mr. Reinhart, do you all have anybody else that wants to talk?

Bill Reinhart: I don’t think so.

Bill Jeffers: Okay. As I said, this is a preliminary drainage plan. The plan meets or exceeds the requirements for a preliminary drainage plan. We have been through the checklist with the developers engineer, and he has replied sufficiently for a preliminary drainage plan. I would ask that the neighbors contact Mr. Morley, Mr. Jim Morley, between now and 30 days from now. Any concerns you have, make sure he incorporates that into his final drainage plan, and we will have another meeting on December 22^nd at about the same time. At that time we may consider the final drainage plan, if he has it ready. If not, it will be in January. The County Surveyor’s recommendation is to approve the preliminary drainage plan for Country View Subdivision.

Commissioner Mosby: Motion to approve.

Commissioner Crouch: Second.

President Fanello: So ordered.

Bill Jeffers: The next item is ditch maintenance claims. These are claims for work that’s been completed in 2003. The projects have been inspected. The paperwork has been completed, and the County Surveyor has signed, recommending payment of these claims.

President Fanello: Do I have a motion to accept?

Commissioner Mosby: Motion to pay the claims.

Commissioner Crouch: Second.

President Fanello: So ordered.

Bill Jeffers: Next item is Inland Marina. We have a situation where Eagle Slough has passed through, and continues to pass through what used to be known as catfish pond. It’s the entrance to the Ohio River. Inland Marina, this has historically maintained the channel of Eagle Slough by dredging through this entire portion from Waterworks Road through their marina basin into the outlet of the ditch where it enters the Ohio River since, I’m not sure of the exact date, but I know it’s the mid or early 70's. I have researched the record, and found that when Eagle Slough was constructed in the mid 1970's, under Richard Nussemeier, County Surveyor, that the plans were completed via a registered civil engineer and land surveyor. That it went through the proper statutory bid process, and that the project was completed in accordance with the plans. At that time the levy board, the Vanderburgh City/County Levy Board, had some concerns about the north bank of Eagle Slough because of the sandy nature of the soil, and were apprehensive about the maintenance of the channel, so that it would be done in such a way that it would not cause the sandy soil to landslide down into the river and adversely affect the levy maintenance, and a protection of downtown Evansville. As a result, the levy authorities engineer and the Vanderburgh County Surveyor got together and decided that the maintenance of this channel would best be performed by dredging, and the only available professional and experienced dredging operation was being conducted by a company, I believe, was later known as, was it Crane Construction?

Ron Riecken: For a while.

Bill Jeffers: For a while it was Crane, then it became another company later. Mr. Ron Riecken is here representing that company, and the land holders. They have done this at no cost to the county at least 20 years, possibly 30 years. To my knowledge, I came on in 1981, they were doing it at that time. I’ve inspected this ditch every year since 1981. The work has been performed by this dredging operation. We do not have the where with all to maintain this portion of Eagle Slough from Waterworks Road to the mouth at Ohio valley. We have taken advantage of the good fortune that befell us by this company under the direction of Ron Riecken performing this work. It’s basically been a gift. The state statute allows an individual, or an entity, or a corporation to give a gift to the Drainage Board, either in services or in money, so long as those services and that money is used in the performance of maintenance of regulated drains, in the purpose of the chapter, 36-9-27. I feel that that’s what this has been done in the spirit of. We are trying, at this time, to make it official. Here’s Mr. Riecken, and, I believe, the president of the levy authority.

Ron Riecken: Jack Cunningham.

Bill Jeffers: Mr. Jack Cunningham who is also here.

Ron Riecken: And Ellen Crane from Crane Environmental is here, who helps us with our permits.

Bill Jeffers: Right. They brought me a document that had a legal description of what they call a lease area, a 50 year lease, on behalf of the levy authority, is that correct? And we have overlaid it, this is the original copy that my Chief Deputy Surveyor, who is a licensed land surveyor in the state of Indiana, overlaid the dashed, is it a red line? That is the 150' wide project area that was shown on the original plans for Eagle Slough reconstruction. Here’s some copies in black and white. Here’s one for you, Mr. Riecken. The legal description was a little sketchy, but it was sufficient. You can see what happened there is the person who wrote the legal description favored straight lines, as opposed to curved lines because they are easier to describe in a legal description. You can see that the lease area almost exactly matches the project area that was completed by Vanderburgh County back in the ‘70's. I’m going to let Mr. Riecken explain some of the technicalities of what we’re trying to accomplish here, but I assure you that the County Surveyor, whether that County Surveyor was Mr. Nussemier, in the ‘70's, Mr. Brenner in the ‘80's and ‘90's, or myself at this time, have all benefitted from, as has the Vanderburgh County Drainage Board the on-going and perpetual maintenance of this strip of ground by Mr. Riecken and his associates.

Ron Riecken: Okay, I’m Ron Riecken, Inland Marina. We have every intention to continue to maintain this outfall channel the same way we have, as a gift. Our problem is, the actual legal drain is only 20' wide, in the old description. The Indiana DNR will not let us dredge in the spring, because the fish are spawning. Now, we’ve been doing this for 40 years, and there’s more fish in this marina...the bass tournaments come to Inland Marina. “Orsanko” comes and shocks his fish for their aquarium, because we have got all species of fish in this marina. We haven’t hurt any fish. We have been in court by telephone with the environmental court with DNR three times now. I tell them if we can’t dredge the mouth of this marina in the spring after the river silts it closed all winter long, through all these high waters, then we’ll be out of business. They say, we don’t care about business, we care about the fish. Now, the Drainage Board doesn’t need a permit to dredge a legal drain. So, the 20' down the middle we can continue to dredge without a permit, but that’s not enough to drain all of this bottom land. The reason that this whole thing drains so well and there’s no standing water is because it’s actually 150' wide. So, what I would like to do, and actually this was the judge, the environmental judges suggestion. This gives them something to hang their hat on, if you all can make the legal drain, the legal description of the legal drain the full width of this piece of property that we lease from the county, then there’s no permit required, they’ve got something to hang their hat on, and we can continue to maintain it just the way we have, at no charge to the county.

Bill Jeffers: Thank you, Mr. Riecken. Now, originally, when he’s saying 20' wide, that was the bottom of the channel on the original drawings, because, at that time, much of this was dry land on either side of the drain. Then they raised the pool elevation of the Ohio River by, how many feet, Mr. Riecken?

Ron Riecken: A little over four feet.

Bill Jeffers: They raised the pool elevation by four feet when they built the new dams, and that inundated what previously was the dry side banks of this ditch, that was a shallow ditch. Now, you can’t stabilize a side bank of a ditch at less than 3:1 side slopes. So, if it had been three feet deep, it would have been 20' wide at the bottom, but it would have been an additional 18' wide at the top. That’s 38'. Now, I understand there’s accumulation of up to 7' of silt, from time to time, annually, because of the huge amount of siltation that comes down the Ohio River and eddies back into here. So, you’re talking about a situation to stabilize super saturated silt accumulation, under water constantly, 7' deep, would take probably 6:1 side slopes. So, that would add another 84' to the 20' bottom, that would be 100' wide. So, that would be 120 something feet wide, whatever, and it almost exactly matches the maintenance area that was originally contemplated at 150' wide as shown on the drawing I handed out. Had the person who set up the lease lines followed lines of curvature, rather than straight lines, it would have, I would say, nearly exactly matched the design width of Eagle Slough as it was planned to be laid out, and, in fact, was laid out between Waterworks Road and the mouth at the Ohio River. It would be the County Surveyor’s recommendation, if this comes to a decision tonight, that we would approve what Mr. Riecken has asked, and accept his gift of continued maintenance, at no cost to the county. However, I would defer to the County Attorney to give me some guidance on how this might most appropriately be accomplished to the satisfaction of any applicable statutes. The only one I know of, Kevin, is that we can accept a gift, and that the reconstruction plans for Eagle Slough clearly show a project width of 150', as shown by the dashed line on this plan. The legal description that Mr. Riecken provided for the lease area is shown overlaid in solid, straight lines.

Kevin Winternheimer: Okay, state, give me that last one again. What are the solid, straight lines?

Bill Jeffers: The solid, straight line is the lease area laid out by this legal description, and all these terms of conditions in an agreement between Mr. Riecken’s corporation and the levy authority, the levy board, for the use and continual dredging of this lease area. It’s shown here on the legal description, yellow hatched, and we reproduced it on top of our project site lines from, I believe, 1972. Those plans are on record in our vault, and have been reproduced, given to Mrs., or Ms. Ellen Crane, who represented Mr. Riecken at the environmental hearings. She has copies of those that have been in front of the environmental judge.

Kevin Winternheimer: I don’t have any problem with the concept of what he’s talking about. You just tell me where the boundaries are, and we could do it. I have no problem with the idea that he’s going to lease the property, and in an exchange your going to do the necessary dredging, and that we do that. Bill, you just tell me where the appropriate, whether it’s the hash marks, or the straight lines, it doesn’t matter to me.

Bill Jeffers: We were hoping that they would match up exactly. Here’s copy of the original plan. My impression–

Kevin Winternheimer: Can we get a survey of that? Get that done, to get the curved lines to match that? Get a description with the curved lines rather than the straight lines?

Bill Jeffers: Or else a declaration from a licensed land surveyor that prepared this deed, or a lawyer that prepared this deed that it’s a scribbner’s error that the minor discrepancies show up as straight line rather than curves, something like that. Because the intent is obvious to create a lease area that mirrors the project site area. I know from experience that describing curves is much more complicated and expensive, and a lot of times they just reduce them to straight lines.

Kevin Winternheimer: The issue with straight lines is that we may not have control of that area to give them a lease on it? Is that your concern?

Bill Jeffers: I don’t have any concerns. I think the intent, I think that the original engineer who laid out the project site area as the reconstruction, did a little bit better job of laying in the curves than the subsequent person who created the lease lines. I think the intent is there for them to be one and the same.

Kevin Winternheimer: Which do you prefer? Or you don’t care? The straight lines–

Bill Jeffers: The lease line carries more weight as a property parcel. The lease line contains the entire channel of the ditch.

Kevin Winternheimer: And that’s the curved line?

Bill Jeffers: The curved line is the area that we are statutorily allowed to maintain.

Kevin Winternheimer: Ah, that’s what I was waiting to hear. Okay.

Bill Jeffers: Because, it’s–

Kevin Winternheimer: Can we get some sort of description or drawing to attach or something to do this? I don’t know what’s involved, but–

Bill Jeffers: You would like them to look the same, in other words?

Kevin Winternheimer: No, I would like to stay within the boundaries that we are sure we have control over.

Bill Jeffers: Right.

Kevin Winternheimer: Then give them the right to do the necessary dredging, and give them a lease for that.

Bill Jeffers: Would it be possible for you all to lease the 150' wide strip, as opposed to the lease line that shown?

Ron Riecken: The broken line is–

Bill Jeffers: That’s the project width from the original reconstruction.

Ron Riecken: That’s actually where we dredge, because the solid gets all the way up here almost to Harbor’s Edge.

Bill Jeffers: Right.

Ron Riecken: That’s solid ground, so it’s not dredged there.

Kevin Winternheimer: Okay.

Ron Riecken: But, this broken line, all the way including this width here, we do dredge.

Bill Jeffers: That’s correct, and that is Eagle Slough.

Ron Riecken: Yeah, that is Eagle Slough. The reason that this was changed, and originally was 20' like you said, was because when the Corp of Engineers built the (Inaudible), they closed off the drain to all the bottom land, and now all of that water has to come down Eagle ditch. Half of them used to go out into that little bridge under what is it, Lenn Road?

Bill Jeffers: Yes, sir. Lenn-Becker.

Ron Riecken: That’s all closed off. The Corp didn’t need a permit to do that either, but they closed it. So, every bit of that acreage drains now down Eagle ditch, and it wouldn’t drain through 20' the way it was originally.

Bill Jeffers: No, it’s absolutely necessary that he dredge the width that’s, you know, that exists there, and maintain it fully open. Otherwise, we will not get drainage of one of the largest urban areas that flows out to the Ohio River. It’s not just farm ground, Mr. Riecken, it’s all the pump stations for the levy corporation as well, depend upon your dredging.

Ron Riecken: Yeah, exactly. Sure, yeah. So, what we need to do is just, the dotted line area, which we’ve got a print of, we would like for that to be the legal drain.

Bill Jeffers: Oh, okay. Well, then the County Surveyor recommends that the area shown on this display, which is an exact replication of a set of plans on file in our office since 1975, that this be declared the entire width of the legal drain of Eagle Slough from Waterworks Road to it’s mouth at the Ohio River. I’m sorry, I think I misunderstood your original statement.

Commissioner Mosby: I’ll make that motion.

Commissioner Crouch: Second.

President Fanello: So ordered.

Ron Riecken: Alright, thank you. Thank you, Bill.

Bill Jeffers: Yes, sir.

Bill Jeffers: Okay, we have some relaxation requests. Lot 28/29 Burkhardt Crossing, Crawford Brandeis Ditch. Culver’s Restaurant requests that the 75' right-of-entry across lot 28 and lot 29 of Burkhardt Crossing Sub, as recorded, be relaxed from 75' to a uniform width of 23', as measured from the center line of the eastern most 10' concrete box culvert constituting Crawford Brandeis Ditch. The Vanderburgh County Surveyor recommends that the board allow that relaxation at this time.

Commissioner Mosby: Motion to allow relaxation.

Commissioner Crouch: Second.

President Fanello: So ordered.

Bill Jeffers: And I have a document for you all to sign in that regard. Is this the original, Lee? It says draft.

Lee McClellan: Yes, sir.

Bill Jeffers: It says draft on it.

Lee McClellan: Well, that’s not the original document. That was a draft that I just sent to you for your review. I have an original.

Bill Jeffers: Okay, if you would like them to sign this one to be put into the minutes, and your original to be recorded.

Commissioner Mosby: We’ve got one right here.

Bill Jeffers: You’ve got one? Okay. The one should be recorded, and I believe your Recording Secretary would appreciate the draft copy for her minutes. We have another–

Commissioner Mosby: Here’s the original.

Bill Jeffers: –relaxation. We’ll be back to this Burkhardt thing in a moment. We’ll have another relaxation at this time, Charles Rust and others request the relaxation of Sonntag Stevens Ditch, west of Hitch Peters Road, and along property owned by Charles C. Rust, Henry C. Rust, Robert C. Rust, Gary M. Rust, and others, from 75' to a distance of 30' as measured at right angles to the top edge of each bank of the open drain as shown on the attached document. In this case I have an order that Mr. Robert Rheinlander prepared, and the County Surveyor recommends that you sign this order and allow the relaxation of Sonntag Stevens ditch to a distance of 30'.

Commissioner Mosby: So moved.

Commissioner Crouch: Second.

President Fanello: So ordered.

Bill Jeffers: Here’s a copy of the order for your Recording Secretary. If there is anyone else who would like a copy, he sent several. For some reason, Mr. Rheinlander, who is very thorough in these matters, also sent a petition from Charles C. Rust, Henry C. Rust, Robert C. Rust, and Gary M. Rust, herein after collectively referred to as “the Owner”, basically requesting, again, that the right-of-way be relaxed, in this case, to 25'. I am asking that it be released, that the 25' be struck, and that it be released to 30' as recommended by the County Surveyor.

Commissioner Mosby: So moved.

Commissioner Crouch: Second.

President Fanello: So ordered.

Bill Jeffers: We’ll take care of the particulars on that as they occur. Here is a copy of the petition for your Recording Secretary. There are other copies if you wish to see one. Okay, Pillar Stone Development LLC, 3604 Dayton Avenue, Louisville, Kentucky requests that the right-of-entry for Kelly Ditch be relaxed from 75' to 35', within lots 15 and 16 of Burkhardt Crossing, per the attached exhibits. This also is for a commercial development, as are the other two that have just been approved. The County Surveyor recommends that the board relax the right-of-entry for Kelly Ditch from 75' to 35', along lots 15 and 16 Burkhardt Crossing per the attached exhibits, of which I have one. We’ll have to write a letter to those folks to let them know that this action took place. There is no prescribed form for this action, that’s why we have, in this case, three different ways of doing it.

Commissioner Mosby: So moved.

Commissioner Crouch: Second.

President Fanello: So ordered.

Bill Jeffers: Here’s the official transmittal from Madelyn Grayson requesting that Pillar Stone be put on the agenda with letters, etcetera. I’ll pass that in a moment for her records.

Bill Jeffers: Okay, back to encroachment agreements for these same properties, okay? Lot 28 and 29 of Burkhardt Crossing will be occupied by a restaurant known as Culver Restaurant. The current owner of the property is Jack Rogers. Terms of his agreement with Culver Restaurant is that the relaxation take place, which just did, and that they be allowed to pave a previous drainage easement, replace the swale with a pipe and pave over top of it for their parking lot. Mr. Lee, help me, Lee.

Lee McClellan: McClellan.

Bill Jeffers: McClellan, I’m sorry, it’s getting late. Mr. Lee McClellan is here as representative and civil engineer, land surveyor for the project to make the request.

Lee McClellan: Yes, Lee McClellan with Morley and Associates. As Mr. Jeffers has explained we are asking for that relaxation of that encroachment so that a parking lot with curb and gutter, landscaping, and possibly even parking lot lighting. We have not yet seen the plans for the lighting for the building from the architect. So, there’s a possibility that these curbed islands that are in the parking lot could contain light fixtures, and probably a very good likelihood. In addition to that, I don’t know if this is the time to bring it up, Bill, but we’re also as part of the overflow swale that drained Old National Drive to the west to Crawford Brandeis Ditch, which at one time was a large open drain, and was replaced with two 10' concrete box culverts. We have to put now a pipe in there to drain this sag in the street in case the curb inlets would plug. This would require what Mr. Stoll and Mr. Jeffers, when we talked on Friday, would be that we would need to request a modification to a legal drain connection to allow this pipe to enter the drain. There is presently a pipe there now that drains the roadside ditch on Burkhardt on the east side, but that pipe needs to be lowered approximately a foot and a half, and a larger pipe installed. It’s a 15" concrete pipe, and we’re going to put in a 24" concrete pipe, because that is the size of the pipe that is necessary to carry the overflow from the curb inlet should they plug. Therefore, we request that modification, and then also we sent to Bill this morning, we finished up the legals over the weekend, a request across Jack Rogers property, and also across Culver’s property, a dedicated 10' drainage easement for this emergency pipe to be installed. This is what we discussed on Friday. So, I guess, those are the three things that we’re here in front of you requesting as part of this encroachment agreement.

Bill Jeffers: Okay, they have relaxed the right-of-entry. John Stoll and I have reviewed the alternative to the overflow swale, and we agree that it’s practical and appropriate. The County Surveyor, at this time, recommends that the Drainage Board approve the new connection of the pipes described by Mr. McClellan, at this time, consisting of a 24" or equivalent elliptical pipe, 24" or equivocal sized elliptical pipe, to the regulated drain pipe known as Crawford Brandeis Ditch. I ask the board to approve that at this time.

Commissioner Mosby: So moved.

Commissioner Crouch: Second.

President Fanello: So ordered.

Bill Jeffers: Ask you to accept and pass forward the new drainage easement that’s required to accomplish that so that Mr. McClellan can record that on behalf of Jack Rogers and subsequent property owners. That’s recommended by the County Surveyor’s office.

Commissioner Mosby: So moved.

Commissioner Crouch: Second.

President Fanello: So ordered.

Bill Jeffers: Ask at this time that you approve an encroachment agreement between Mr. Rogers and subsequent property owners and the County Drainage Board, indemnifying the County Drainage Board against any losses or damages that might occur within the easements that are to be occupied by pavement and other permanent structures.

Commissioner Mosby: So moved.

Commissioner Crouch: Second.

President Fanello: So ordered.

Bill Jeffers: Madelyn, I will take care of the details on the Drainage Board’s behalf, together with Mr. McClellan, on the developer’s behalf.

Lee McClellan: Okay, thank you.

Bill Jeffers: Okay, back to Pillar Stone, we have an encroachment agreement brought forward, they are going to, just like this one, they are putting a parking lot in the relaxed drainage easement, and, Madelyn, I believe you have the documentation and the recording check down there?

Madelyn Grayson: Yes, I do.

Bill Jeffers: For exhibits A, B and C. The County Surveyor recommends that the Drainage Board sign the original copy of the encroachment agreement and approve that for recording for Pillar Stone Development.

Commissioner Mosby: So moved.

Commissioner Crouch: Second.

President Fanello: So ordered.

Bill Jeffers: And we have a request, the name of the requestor is Stewart Klipsch, Lieberman Group, for the encroachment of a drainage easement with a sidewalk, that’s what’s going to encroach on behalf of Burkhardt Plaza LLC on....I’m looking for the lots here, lot two and lot three, Glass Subdivision, Section One. I recommend that the Drainage Board allow a sidewalk to encroach a drainage easement at that location.

Commissioner Mosby: So moved.

Bill Jeffers: And to sign the agreement.

Commissioner Crouch: Second.

President Fanello: So ordered.

Bill Jeffers: Are there any petitions to come before the Vanderburgh County Drainage Board at this time?

Bill Jeffers: Any other persons wishing to address the board? Any questions or comments from the Board? If not, I have two copies of 3 ½" disks, each with the proposed drainage ordinance for construction site runoff control in Word, I believe it’s MC2000, to give to Mr. Kevin Winternheimer for his legal staff to do with as they must. Anyone else requiring a hard copy or digital copy of the proposed drainage ordinance may acquire one by calling the County Surveyor. Lee?

Lee McClellan: Yes. Our office sent over a request by Brad Sterchi for the relaxation of some drainage easements and a platted lake maintenance and storm drainage easement out at Clear Creek. We have those documents. New easements have been granted. The first document is an exhibit that involved lot 256 and 266, and I know it’s kind of hard to see, but this dotted line was the original easement that was granted by the plat, because that was the original drainage channel. The developer, Mr. Sterchi, has, in fact, actually brought the easement down like this and straight, and then across as a result of the as-built survey. So, we have granted new public utility easements parallel to it, and those have been recorded to allow the utilities, but we still need to change the drainage easement on that petition. On this one here it involves lot one at the corner of Clear Creek Drive and Mt. Pleasant. This was anticipated at the time that the plat was prepared that lot one would have a drainage and lake maintenance easement on it. It turns out that that is not necessary anymore. So, we have gone in here again and provided the easement for the utilities, and that easement has been recorded, but the lake maintenance and easement still exists. So, we’re requesting that those be relaxed, and the other request we are making is that normally a request like this would need to go to public hearing, because of the fact that it would be necessary to contact all existing utilities and adjacent property owners involving these relaxations, but since the owner has already gone ahead and granted new easements to the utilities, basically, the only thing left is the granting of the drainage portion by this board. We would request that under your authority that you relax those, or grant those requests, and not necessarily require us to have a public hearing.

Kevin Winternheimer: Are you talking about not having a public hearing (Inaudible. Tape flipped to other side) drainage easement?

Lee McClellan: Uh-huh.

Kevin Winternheimer: I think you still need to. I’m afraid you’re going to mess up your title if you don’t. I understand that you may own all the property surrounding it, but I still think you need to. Obviously, your notification will be real simple. There aren’t going to be any, but still, I still think you need to do that.

Lee McClellan: Okay. Okay.

President Fanello: Thank you, Lee. Any other questions?

Lee McClellan: Thank you.

President Fanello: Do I have a motion to adjourn?

Commissioner Mosby: Second, or motion to adjourn.

Commissioner Crouch: Second.

President Fanello: So ordered.

(The meeting was adjourned at 7:10 p.m.)

         Those in Attendance:

         Catherine Fanello           David W. Mosby             Suzanne M. Crouch

         Bill Jeffers                       Kevin Winternheimer      Madelyn Grayson

         Jim Morley Jr.                 Bill Reinhart                    William Deppen

         Ron Riecken                   Lee McClellan                 Others Unidentified

         Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Catherine Fanello, President

David W. Mosby, Vice President

Suzanne M. Crouch, Member

Recorded and transcribed by Madelyn Grayson.