VANDERBURGH COUNTY

DRAINAGE BOARD

OCTOBER 20, 2009

The Vanderburgh County Drainage Board met in session this 20^th day of October, 2009 at 6:12 p.m. in room 301 of the Civic Center Complex with President Lloyd Winnecke presiding.

President Winnecke: At this time I’ll call to order the October 20^th meeting of the Vanderburgh County Drainage Board. 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 entertain a motion to approve the minutes–

Commissioner Melcher: So moved.

Commissioner Tornatta: Second.

President Winnecke: –from the previous meeting. We have a motion and a second. Questions or discussion? Hearing none, all in favor say aye.

All Commissioners: Aye.

President Winnecke: Opposed?

(Motion approved 3-0)

President Winnecke: Thank you.

President Winnecke: Bill?

Bill Jeffers: This evening I have no drainage plans to bring before you. I did receive a fax today from the Warrick County Surveyor, his specifications for removing logjams in Pigeon Creek and a reminder that he’s moving forward with his side of the county line project and would ask you to keep him and the County Commissioners in Warrick County in mind for a joint Drainage Board meeting to discuss the still existing huge logjam right on the county line.

Commissioner Tornatta: Bill, if you would...oh, I’m sorry, if you would be available to, would your office coordinate that meeting? Or, do we need to do that from the Commissioners office?

Bill Jeffers: Whichever you prefer. I’ll be out of town Friday, Saturday, Sunday, Monday and Tuesday. Other than that, I would be available to help you coordinate that meeting. Also, Vince Summers from Commonwealth Engineers dropped by just to say hello one day, earlier in the week, and told me that there was some grant money or stimulus money or something becoming available for drainage projects such as logjam removal and said that he would speak with you and the Warrick County Commissioners, if you wished, about how to receive, apply for and receive that money.

Commissioner Tornatta: Okay.

President Winnecke: Yeah, I think if you could coordinate with him–

Bill Jeffers: Okay.

President Winnecke: –to schedule a meeting once there is something to do.

Bill Jeffers: Well, actually, we have plenty to do, it’s when we get our funding.

President Winnecke: Right.

Bill Jeffers: You know, Warrick County has funding for this, because they collect five cents per hundred assessed valuation for county-wide ditches. We do it ditch by ditch, and Pigeon Creek is not one of our regulated drains. So, we’re not in a position, we don’t have any money for that creek.

President Winnecke: Right.

Bill Jeffers: Okay, so that’s the problem that we have. Also, in our county, up to Green River Road, it’s pretty much covered by the Corps of Engineers. Anyhow, just wanted to bring that up.

Bill Jeffers: I have a large folder full of claims for work that’s been completed on regulated drains in Vanderburgh County by our various contractors. It’s all in order, the required paperwork is attached with my signature, and I recommend approval of all those claims.

Commissioner Tornatta: So moved.

Commissioner Melcher: Second.

President Winnecke: There’s a motion and a second on the claims. Any questions or discussion? Hearing none, all in favor say aye.

All Commissioners: Aye.

President Winnecke: Opposed?

(Motion approved 3-0)

Commissioner Tornatta: I think she’ll stamp those.

Bill Jeffers: Usually, yes.

Bill Jeffers: Then, I have no other business today, but there may be a public comment that I was notified of this afternoon.

President Winnecke: Okay, sir? If you would, if you would state your name and address for the record.

Fred Emory: Sure. Good evening, my name is Fred Emory, this is my wife, Melissa. We live at 4707 Peregrine Drive, Evansville, out in Falcon Ridge Estates. I guess, what my goal, what I wanted to do is report a concern. This actually goes back to where, I guess, it was officially reported back in April of this year. I have spoken with Commissioner Tornatta about it numerous times and also with Mr. Jeffers. In Falcon Ridge Estates, I guess, the issue that we’re concerned about is that after a rainfall we have standing water in our backyard. Before I ever brought this up officially to Bill or to Troy, I’ve been to the developer numerous times, brought it to his attention as a concern. He’s come over, looked it over, yeah, I don’t see a problem here. We’ve done whatever we do. You’ll have to pardon me, I’m not a drainage professional by any means, I just know that I have standing water in my backyard. So, I brought it to his attention several times, my desire, even now, is to try to work this out respectfully and civilly, I just want to get the matter resolved. I’m not exactly sure what to do to do that. I’ve brought it to his attention. When I couldn’t get a suitable answer to my questions and concerns I brought it to Bill. Bill has been extremely helpful. He’s been out to the property, I believe a couple of different times. He’s assessed some things, given me some feedback. We documented some things. If you all would like a copy of this, we kind of summarized the activity of where we’ve been, dating back to April so that you all could see kind of the sequential–

President Winnecke: Sure, yes, please.

Fred Emory: If you would like a copy of this.

President Winnecke: Yes.

Fred Emory: There’s quite a bit of information here. I’ll give these to you and you can give them to who needs them.

Commissioner Tornatta: Sounds good.

Fred Emory: Basically, we’re, we just wanted to bring this up as an official concern, report it to the county. We’re looking for some assistance to get the concern validated, addressed, and properly resolved, because this is a situation that, it’s not just affecting my wife and I’s home, but also multiple lots in this subdivision. We believe, at least based on what I’ve understood and talking with Mr. Jeffers that there has been a potential violation of adhering to the drainage code that the county was expecting the developer to put forth in this subdivision.

Commissioner Tornatta: I’ve got a question.

Fred Emory: Did you have anything to add to that, Melissa?

Melissa Emory: No, just, I mean, the subdivision is not closed out, and Chuck Murphy is the developer, and he has taken it upon himself to start grading the backyard of three homes on our property. Our neighbors were not even notified, nor were we, and we came home and found the big pile of mud in our backyard. After completing that work to his, I guess, desired completion, we said, hey, you still haven’t addressed certain areas of the yard where there is concern. There’s still standing water under the neighbors fence dumping onto our yard. He made the decision that it would make the most sense to raise our patio six to eight inches and then fill in dirt. We did not give him approval to do that. He has subsequently come to our property and poured a patio while we were at work one day, and if he fills dirt in around this eight inch raised patio he will be in violation of the building code by putting dirt higher than the six inches required from the foundation to the ground. We don’t know what to do.

Commissioner Tornatta: It seems to me like, at this point, Bill, do they need to file a complaint to get a hearing from the Drainage Board?

Bill Jeffers: Excuse me.

Fred Emory: No problem.

Bill Jeffers: I acknowledge everything Fred and Melissa have said, other than the recent improvements or actions on the part of Chuck Murphy. I’m not aware of those, I haven’t viewed those. Everything else they said I acknowledge that that has happened. It is Murphy Homes that’s the developer, they’re asking for assistance to resolve the issue. I think you should probably direct the County Surveyor to come back on November 3^rd with a full report of what’s existing out there right now, what’s reflected in the existing conditions, set a hearing at that time and require Chuck Murphy to appear. I’ll notify him by registered, certified mail rather. Ideally with the plan, including a grading plan, if he, if, what I had originally thought would be the best thing to do would be to grade out a swale from, through their, through the Emory’s backyard and their two neighbors backyard, we’ve discussed this, and then out through Mr. Murphy’s empty lot into the street. Because there is no way to accomplish the original grading plan that was part of the original drainage plan that you approved. After the homes were built there‘s just no way to get in there and accomplish that original grading plan. So, we have to have an alternative grading plan. That’s what I hope he’ll bring with him November 3^rd. That’s what I’ll ask for in that letter. There exists approximately $33,000 in the letter of credit remaining for drainage. So, that would be like the carrot, and then the stick would be we’ll take the $33,000 and do it ourselves, or you can have it released to you when it’s completed. I don’t think it will take anywhere near $33,000 to resolve this issue. So, I think that would be the carrot.

Commissioner Tornatta: But, that would, when you say do it themselves, that would have to be hired out individually by the–

Bill Jeffers: Either by they contractor, by the developer or by a contractor that the developer hired to complete the work.

Commissioner Tornatta: Right. Okay.

Bill Jeffers: But, first we need to see a plan.

Commissioner Tornatta: Okay.

Bill Jeffers: So, that you can approve a modified plan to take the place of the one that he did not finish.

Commissioner Tornatta: Then, I make a motion for you to proceed and get that done.

Bill Jeffers: Okay.

Commissioner Melcher: I’ll second.

President Winnecke: We have a motion and a second to direct the County Surveyor to notify Mr. Murphy that, of a public hearing on November 3^rd before the Vanderburgh County Drainage Board to address issues relating to drainage in the Falcon Ridge Estates. Do you have any other comments or questions before we–

Melissa Emory: Just thank you.

President Winnecke: Okay.

Melissa Emory: This has been like nine months of annoyance and having people on our property that we have not given express permission to, and we’ve been frustrated. So, thank you.

Fred Emory: The only other thing that I would add–

President Winnecke: Would you step up to the microphone, please?

Fred Emory: Sure, I’m sorry. The only thing I would add, that just as a concern is, and it’s documented in here, but, and, Bill, correct me if I’m wrong but there already had been a request of Mr. Murphy to submit the formal plan to address this, several weeks back, and that for whatever reason was never acknowledged. So, instead of submitting, you know, it was left with Mr. Murphy please have your engineer submit your plan to address this back to our office so that we can review it and get it approved and move forward. That was not done, nor acknowledged, at least to my knowledge. Then that’s when he said, well, we’re going to be over and we’re going to pour the patio, and, you know, fill in low spots. I told him, you know, I’m concerned, this doesn’t sound like, you know, again, I’m not a drainage expert by any means, but this doesn’t sound like the way to proceed here. He said, well, this, his comment was simply, well, I think this will take care of the problem.

President Winnecke: Mr. Jeffers will be an outstanding advocate on behalf of the county. So, I’m sure this letter will put him on notice, and we’ll get him here on the 3^rd to address that.

Fred Emory: Very good. Thank you so much.

President Winnecke: All in favor of the motion say aye.

All Commissioners: Aye.

President Winnecke: Opposed?

(Motion approved 3-0)

President Winnecke: Okay. Thank you.

Melissa Emory: Thank you.

Fred Emory: Have a nice evening.

Bill Jeffers: Thanks for coming by.

Fred Emory: Thank you. Appreciate it.

President Winnecke: Any other public comment? Any other comments from the Board?

Commissioner Tornatta: Motion to adjourn.

Commissioner Melcher: Second.

President Winnecke: We are adjourned.

(The meeting was adjourned at 6:25 p.m.)

Those in Attendance:

Lloyd Winnecke                        Troy Tornatta                            Stephen Melcher

Bill Jeffers                                 Ted C. Ziemer, Jr.          Madelyn Grayson

Fred Emory                               Melissa Emory                          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.)