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Special Drainage Board October 7, 2002
President Mosby: Somebody told me
we were having a meeting of Drainage Board, so. I'll call this to order,
and defer...I wasn't here the last time, so.
Bill Jeffers: Okay. Bill Jeffers, County Surveyor. The Drainage Board meeting of two weeks ago this Monday was continued to tonight, till tonight to take care of unfinished business consisting of an encroachment agreement between Hudson Hyundai at 1900 Old National Drive in Burkhardt Crossing Subdivision, or the current owner, or the owner of the property who will be the owner at the time that the improvement is placed upon that lot. At last, two weeks ago meeting time, I gave your attorney copies of previous encroachment agreements that were drafted by, and used by your board. They were drafted by your previous attorneys, Joe Harrison, Jr., and Philip Hayes, and Mr. Winternheimer was going to look over those, the wording of those, and see if it was appropriate to use at this time. Kevin Winternheimer: Yeah, I did that. Here's, Bill, for your file, here's what I came up with. Basically, it's the same agreement, I just, I didn't change the content on anything from what had been used, except I added a number eight, in this particular case, to remove his automobiles or any other personal property that would be on the right-of-way if the county needs to get access. It's the same form. There were a couple of sentences that I thought were worded awkwardly, and I just changed the wording to make them read easier. I did not change the content. Bill Jeffers: Okay. So, now this instrument is prepared by Kevin Winternheimer, County Attorney, at the bottom of the signature page. Kevin Winternheimer: Right. I did change that. Bill Jeffers: Okay. So, this would be the drainage easement encroachment agreement that Mr. Winternheimer would recommend for use from this time, until it's next changed. Okay. I'm reading the minutes of that day, and it appears that we have a plan in front of us, and, Matt, are you, at this time, requesting that that be approved by the Drainage Board? This is Matt Wallace from Morley and Associates. Matt Wallace: Yes, I would ask that be approved, and I have the, I have a faxed copy of the agreement, which has been executed by Hudson Hyundai Realty LLC. I can give you the original copy, but for the sake of timeliness, I did bring the fax copy, and the exhibits that go along with that. I would ask that that plan be approved. Kevin Winternheimer: (Inaudible. Mike not on.) Bill Jeffers: I'm looking at the faxed copy that Matt has brought with him, and it included paragraph number eight. It reflects- Kevin Winternheimer: If it looks a little- Bill Jeffers: -that it's the foregoing instrument was prepared by Kevin Winternheimer. So, this is the appropriate drainage easement encroachment agreement. Kevin Winternheimer: If it looks a little bit different, in my haste to prepare it, I forgot you need to leave 2" at the top. Bill Jeffers: For recording. Kevin Winternheimer: For recording. On the version I gave you, Bill, you show that correction. On what I sent to Matt it didn't have that on it, but the language was the same. Bill Jeffers: Okay. Yes, the County Surveyor would recommend approval of this drainage easement encroachment agreement, not including the drainage plan, at this time, in that recommendation. As to the, I'm sorry, was that passed? I'm sorry. President Mosby: Yeah.
Bill Jeffers: As to the drainage plan itself, I had asked that it be sent to our office for review, and it was inadvertently sent to the John Stoll's office, both copies, and John Stoll brought over a copy today, and we sat and looked at it for a time. We are still uncomfortable with a few aspects of the drainage plan, along it's periphery. One item affects the legal drain. The other item affects the county's right-of-way in Old National Drive. I would ask that, I would not recommend that particular version of the final drainage plan for approval, at this time, until the items that John Stoll and I are particularly apprehensive about are addressed by the design engineer. Commissioner Mourdock: In approving the encroachment agreement that we just did then, did we meet your original request that we have this special meeting? We were mainly meeting for that, more than the actual drainage plan, is that correct? Matt Wallace: Yes. Bill Jeffers: If you don't want to address, I mean, in other words they've got what they want as far as encroachment, and the revisions that John Stoll and I are concerned about are minor. It has to do with water being discharged into the street 2" deep and crossing a travel lane. It has to do with some water being discharged into a legal drain without showing what, I feel, is appropriate erosion control at that point. These are minor items, and if you wish for John Stoll and I to sign off on the final plan at site review on one of the following Mondays, you can move that. Or, if you want it to come back on the 28th as a final drainage plan, you could move that. Either way, I assure you that John Stoll and I will not sign off until appropriate, what we feel is appropriate has been addressed on the plan. Commissioner Mourdock: Okay, since the petitioner here is trying to work with this, and I think it's fair that we reciprocate, I would move that we direct the County Engineer and the County Surveyor to be ready to give, I guess, is it formally preliminary approval at site review? It wouldn't be preliminary. Bill Jeffers: It's just basically final approval- Commissioner Mourdock: Yeah. Bill Jeffers: -we sign off, and they go get the permits to build the facility. Commissioner Mourdock: Okay. Bill Jeffers: Along with all the other utilities review. Commissioner Mourdock: I would move that we grant them the ability to do that, and then report back to us at the next Drainage Board meeting. Bill Jeffers: Okay. Commissioner Fanello: Second. President Mosby: So ordered.
Bill Jeffers: I know this may not, and I'll let Kevin tell me when to stop talking, but last week were looking for a copy of the petition that had been delivered by Milt Ponder, and Linda Eidson to the Drainage Board, in your office here, along with the two checks for the filing fee. We made some kind of motion recognizing that we knew it was in your office. Commissioner Mourdock: Right. Bill Jeffers: I apologize, but what had happened was that your staff had appropriately deposited the checks, and obtained a quietus from the Auditor's office, sent me a copy of that. They had also sent me a copy of the original petition, and it got lost under some things on my desk, and I didn't bring it to the meeting. It wasn't your staff, it was I who did not bring it to the meeting. So, the money is in the Auditor's office. The petition is in my hand, and I just ask that it be entered into the record at this time. Commissioner Mourdock: So moved. Commissioner Fanello: Second. President Mosby: So ordered. Bill Jeffers: Thank you. Commissioner Mourdock: Is that it? Motion to adjourn. Commissioner Fanello: Second. President Mosby: So ordered. The meeting was adjourned at 6:22 p.m. Those in Attendance:
VANDERBURGH COUNTY
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