VANDERBURGH COUNTY

DRAINAGE BOARD

OCTOBER 25, 2005

The Vanderburgh County Drainage Board met in session this 25^th day of October, 2005 at 4:20 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: Alright, call to order the Drainage Board meeting of October 25, 2005. I have an agenda which I will share with you.

President Musgrave: We need to approve the minutes of the previous meeting, which date I do not have. Mr. Jeffers, do you recall the date of our previous meeting?

Madelyn Grayson: It was September 27^th.

President Musgrave: September 27^th.

Commissioner Nix: So moved.

President Musgrave: Second. All those in favor?

All Commissioners: Aye.

President Musgrave: We move now to Snyder Investments, final plan.

Bill Jeffers: Snyder Investments is located on Boonville-New Harmony Road between State Road 57 and Green River Road. It’s immediately east of Daylight Farm Supply. It’s a single parcel, stands alone. The plan was designed by a professional engineer, Chris Weil, who’s stamp appears on the plan. Mr. Weil is sitting here in the audience if there is any questions regarding the plan. The County Surveyor reviewed the plan and recommends approval of the final drainage plan for Snyder Investments.

President Musgrave: Are there any questions?

Commissioner Nix: This proposed building, do we know what that’s going to be here? Is that a secret?

Chris Weil: The building?

Commissioner Nix: Yes.

Chris Weil: I’m Chris Weil. I represent Hinderliter. I think they are going to store some erosion control mat, I think it’s somehow tied in with Daylight Farm Supply.

Commissioner Nix: Just curious. Move approval.

President Musgrave: Second. All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We move now to the final plan for Rexam Closures.

Bill Jeffers: Rexam Closures is located on Kansas Road just south of the intersection of Kansas and State Road 57. It used to be known as Sunbeam Plastics. It’s been in operation for a couple of decades, I believe. There’s a large lake out in front of the plant, into which most of the drainage currently flows from the building, in this area here. Then that discharges into a little branch of Furlich Creek right here and joins up with the rest of Furlich Creek on down the way. They’re going to add a small addition to the building at the south end here, and a small area of parking. Most of the water from that addition will also be carried into the existing lake. It was, you have the plan in front of you, I believe it was stamped by David Stallings, is that correct?

Commissioner Nix: That’s correct.

Bill Jeffers: A civil engineer, usually would be represented by David True, he’s been before you many times, however, he was unable to make the meeting this afternoon. I assured him that there would be very few questions about this small expansion of an existing industry. The County Surveyor has reviewed the plan and recommends approval.

Commissioner Nix: I guess, one question I do have, why is this coming in front of us today?

Bill Jeffers: Because it established 10,000 square feet of new, hard surface.

Commissioner Nix: Thank you.

Bill Jeffers: This area down here is grass, and so when you add that little piece of a building and a little bit of parking, it came up just over 10,000 square feet, it requires review.

Commissioner Nix: Thank you. Okay. Move approval.

President Musgrave: Second. All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We move now to Mystic Creek Subdivision, final plan.

Bill Jeffers: I believe the County Commissioners just acted on this very same plan, in case you don’t want to unroll it. It’s the commercial subdivision for which you approved the street plans in your earlier meeting.

Commissioner Nix: Okay.

Bill Jeffers: Basically, the drainage plan simply shows you the same layout, sizing of the pipes. Detention will be in the parking lots, and it will be controlled there before it’s discharged into a little branch of Pigeon Creek that then flows down through the apartments and off into Pigeon Creek under Spring Valley Road. As I said, the street plans have been approved, with the recommendation from your County Engineer. The County Surveyor has reviewed those drainage plans. A representative from Easley and Associates, Justin Shofstall, is here in the audience if you do have questions. The County Surveyor’s recommendation is to approve the plan. This is a final drainage plan.

Commissioner Nix: So moved.

President Musgrave: Second. All those in favor?

All Commissioners: Aye.

President Musgrave: That carries.

President Musgrave: We move to other business, receive petition to remove obstruction.

Bill Jeffers: I believe your recording secretary has the petition that was submitted to the Commissioners office as the Drainage Board, and does it have a hundred dollar check attached–

Madelyn Grayson: Yes.

Bill Jeffers: –for the fee?

President Musgrave: The obstruction is here?

Commissioner Nix: Is this a drive?

Bill Jeffers: Drive pipes, etcetera. I’m not too familiar with this particular petition, except to note that Steven Schnaus is the petitioner, living at 4109 Gayne Avenue, Evansville, Indiana, 47712, alleging that there are obstructions existing on property owned by what the statutes calls the remonstrators, no, the respondents, excuse me. It appears that that may be Wayne and Janet McCaslin, Bruce Darden, at the addresses given. Somewhere there should be a description of, oh, here it is, the obstruction consists of the following materials; trees, weeds, dirt, plugged pipes, and other debris. I believe it’s back in an alley, from looking at the GIS photograph that I did in the office. I don’t have it here with me. You have some photographs of the alleged obstruction attached to the petition.

Madelyn Grayson: The GIS document is up here as well.

Bill Jeffers: Oh, okay. It looked like it might be some driveway pipes entering off the alley, and some trees and other things associated with a ditch that is not within the alley easement, it’s on private property. That’s why it comes to you as a petition. I’ve put in front of you the statute that governs this process, 36-9-27.4. I’m going to say from preliminarily looking at it, the obstruction is in a drain. A drain is defined as a watercourse established with the mutual consent of those property owners across whose property the drain runs. This is a common drain. It’s not a creek or a watercourse. Obstructions are defined as conditions that exist within a drain that prevents or significantly impedes the flow of water through the drain. I’m only going through this because I believe this is the first time that the new Commissioners have dealt with this.

Commissioner Nix: Thank you. I appreciate that, because I was going to ask the questions.

Bill Jeffers: Right, and here, and I’m not going to read everything on this ten page document, just the highlighted portions that will brief you, then you can read the rest of it at your leisure.

President Musgrave: Just so that I understand it clearly, do, the petitioners, obviously, don’t own the land where the obstruction is occurring?

Bill Jeffers: Right, and what they’ve done is they’ve requested the owners of that land to remove the obstructions and given them a reasonable time to initiate the process, and apparently they have not initiated the process, so, they then have the right to come before the Drainage Board, according to this statute, and ask that you have a hearing, and, hopefully, order the removal.

President Musgrave: Were they notified, the owners of the land notified of today’s hearing?

Bill Jeffers: We suggest, no, this isn’t a hearing today.

President Musgrave: Okay.

Bill Jeffers: We suggest that, the law only says that they have to request, but we suggest they request, in writing, return receipt requested by mail. We provide a form on line, you know, as a suggested format for them to follow. Mr. Steven Schnaus did follow that format. He used our blank form. Let’s see, a respondent is the owner of the tract that is subject to the petition seeking the removal. So, we’ve named the respondents here, according to the petition. The petitioner is basically alleging that upon request the respondents did not remove the obstruction, so, now he’s seeking that removal through this process. The contents of the petition are in front of you. A previous board, in the 90's, around ‘95 or ‘96, when this statute first took effect, decided that as a condition of filing the petition, the payment of a filing fee was required of $100 to cover the cost of the hearing, and also to discourage frivolous filings. Because there were several frivolous filings in the first year that this statute took effect. We haven’t had any frivolous filings since the filing fee was instituted. Upon receiving, this is on page three of seven, upon receiving this petition, the County Surveyor shall promptly investigate whether the obstruction exists. So, now I must promptly investigate the site and report back to you. Upon receiving that report, which I intend to bring to you at the next Drainage Board meeting–

Madelyn Grayson: That’s November 22^nd.

Bill Jeffers: –November 22, 2005, there will be a written report, including what I found in the field. Upon receiving that report, the Drainage Board must set a hearing date, and serve notice of that hearing to each owner of the land on which the obstruction appears to exist. Those owners are those who can be identified from records in the County Recorder’s office. Now, an owner is defined as a person who holds possessory legal interest in the land. So, we can determine that from tax records, etcetera. We must notify them that you’re having the hearing. The hearing must be held at least 30 days, but not less than 90 days, excuse me, must be held at least 30 days, but less than 90 days after the date of receiving, or the filing of the petition. So, that’s today. I have here somewhere a schedule of the next 90 days, if you’ll bear with me, so that you may set a hearing date. You don’t have to set that hearing date until next month when you receive your report.

Commissioner Nix: If we get to that you’ll remind us, right?

Bill Jeffers: But, just to notify you ahead of time, the petition is received today, October 25^th, the next Drainage Board meeting is November 23^rd, which is less than 30 days from today, so, you can’t hold the hearing on November 24^th, or 23^rd. The following Drainage Board meeting is scheduled for December 27^th, unless cancelled by the County Commissioners, because it’s the day after Christmas, two days after Christmas. The County Surveyor will be out of town on December 27^th , your board may hold it’s hearing on December 27^th and make a finding and a determination without the County Surveyor present, since you will have the report submitted, but that would be at your discretion. The first available regular Drainage Board meeting would be held on January 24^th, if the County Commissioners continue to schedule Drainage Board meetings on the fourth Tuesday of each month in 2006. But, that’s 91 days past today, so, that would be one day too long.

President Musgrave: Why don’t we just hold it on the 20^th of December.

Bill Jeffers: Yes, I’ve listed several days there between now and the 90^th day, and you may pick one of those if you wish.

President Musgrave: Alright.

Commissioner Nix: Mr. Jeffers, before we go any farther, I’m just curious, and I don’t know if this would be out of line at all, has anyone just went out and knocked on the door and said, you’ve got a problem? I mean, or is that something that you’re not at liberty to do?

President Musgrave: You may not be able to see the petitioners behind you who may want to address this.

Bill Jeffers: Oh, the petitioners may wish to address this.

President Musgrave: Oh, it’s not you? Oh, okay, I’m sorry.

Ann Farney: We’ve got about the same thing coming up.

Commissioner Nix: Is that, just to kind of cut to the quick.

Bill Jeffers: Okay.

Commissioner Nix: Would that be out of line to ask?

Bill Jeffers: For me to go knock on a door, or for someone from the county to go knock on someone’s door and say you’ve got a problem here?

Commissioner Nix: I know this is a private–

Bill Jeffers: It’s all private property.

Commissioner Nix: I understand that, but I didn’t know–

Bill Jeffers: So, you need a warrant to go on to private property. The way I read this statute, you can–

Commissioner Nix: How about a–

Bill Jeffers: A phone call?

Commissioner Nix: Yeah. I’m just–

Bill Jeffers: Who’s responsibility is it? In other words, what this basically is, this is a civil action, in other words before 1994 when this code took effect, or 1996, whenever it was, they would have to go to small claims court, Superior Court, okay?

Commissioner Nix: Right.

Bill Jeffers: Some legislators got together and decided, well, let’s turn the Drainage Board into Solomon, and let them be small claims court since our courts system is overburdened. The County Surveyor at no point ever had jurisdiction here, nor did the Drainage Board until this statute took effect.

Commissioner Nix: I understand. But, I guess, my question is, I know that common sense doesn’t always prevail–

Bill Jeffers: Right.

Commissioner Nix: –but it just seems like maybe just a phone call might get this off dead center and we won’t have to go through all this. And they won’t have to go through all of this. I might be dead wrong. I don’t know. I know that’s–

Bill Jeffers: Right, right, a phone call would, might do it. I doubt it, but it might.

President Musgrave: Mr. Jeffers, if we set the date for the hearing, and suggested and worded the notices to be sent, would you be agreeable to making those phone calls and seeing if it could be worked out in advance of the hearings, so that we could cancel said hearing?

Bill Jeffers: I’m hesitant to set a precedent where I have to start making phone calls to every little drainage problem in the county, because someone alleges that there’s a problem, and, therefore, the County Surveyor should start making phone calls to private citizens saying, hey, you’ve got a problem, and if you don’t do something about it, we’re going to have a hearing. I mean, do you all have a script I could read when I call?

Commissioner Nix: No, I understand what you’re saying, but, I guess, I’m just saying that sometimes people don’t, they don’t really understand what they’re going to have to go through, or they don’t understand the process, and maybe you’re not the one that would call. Maybe it’s...I don’t know.

President Musgrave: It wouldn’t be one of us.

Commissioner Nix: You started to say something, Mr. Ziemer.

Ted C. Ziemer, Jr.: Well, you know, the County Attorney would be glad to make the call. You would have to, you know, give me the information I need. What I was going to suggest though is, you say you don’t want to call somebody just based on an allegation by a private party that there’s a problem, right? You don’t know that it’s there.

Bill Jeffers: Well, today it sounds reasonable. In other words, here we have Mr. Schauss, or Schnaus saying that he indeed has a problem. He’s gone to his neighbor and asked his neighbors to fix the problem and they told him to go fly a kite. So, the law allows him to come up here and have a hearing. I believe Mr. Schnaus has a problem, and I believe he’s gone to his neighbors, and it sounds reasonable for me to call his neighbors and say, look we’re going to go through a long, drawn out hearing, it’s going to take 90 days, and then the Drainage Board is probably going to rule that you have to remove that at your expense, blah, blah, blah. That seems fine today, but if it leads to a process where the County Surveyor has to call every person who a neighbor points a finger at from now until eternity, I don’t want to get involved in that.

Ted C. Ziemer, Jr.: How often does this happen?

Bill Jeffers: We get, we used to get one of these a month. Now, we’re getting two or three a year, but if the word gets out there that all you have to do is threaten one of these and the County Surveyor will go calling your neighbors.

President Musgrave: No, this says–

Bill Jeffers: What position does that put me in?

President Musgrave: –if a petition is filed, and please look at page three of seven, IC36-9-27.4-12, investigation by County Surveyor; duties of drainage board after receiving report of obstruction. If what I understand from you, we have received a report of an obstruction, along with the $100 filing fee?

Bill Jeffers: Yes, Ma’am.

President Musgrave: Alright. If a petition filed under this chapter alleges the obstruction of, and you highlighted “a drain”, the County Surveyor of the county in which the obstruction is alleged to exist shall promptly investigate whether the obstruction exists.

Bill Jeffers: Correct.

President Musgrave: Did you?

Bill Jeffers: You just received it. I will be investigating it promptly.

President Musgrave: And your investigation could include phone calls, site visits, fly overs, whatever it is that you choose to do.

Bill Jeffers: It will be a site visit. I will drive to the site and walk across this private property. Because, in my opinion, as a conservative who believes in private property rights, this process establishes that petition as my warrant to enter on to private property, over which I have no jurisdiction otherwise, to make an investigation. Because if you’ll continue to follow along in the information I’ve given you, I must stay within 75 feet of the drain in which an obstruction is alleged. So, I’m assuming that the legislators and their legal counsel considers that petition to be my warrant to enter private property.

President Musgrave: I don’t know. I’m not a lawyer, can’t tell you.

Bill Jeffers: Nor am I.

Ted C. Ziemer, Jr.: This is the first time I’ve looked at this statute. I wouldn’t make an opinion on that tonight.

Bill Jeffers: Right.

President Musgrave: Well–

Bill Jeffers: I mean, I do have, okay, the County Surveyor has the power to trespass along a section line. Now, no officer of the government, I think, has any power to just willy nilly trespass all over someone’s property. The statute gives me the right to walk along a section line and discover section corners. In this case, I think it allows me to walk within 75 feet of a drain in which the petition alleges there is an obstruction. But, without filing this petition, I don’t think I have the right to go on that property. I don’t think I have the jurisdiction to go on private property that doesn’t involve my regular duties. Do you see what I’m saying?

Commissioner Nix: Yes, I do.

Bill Jeffers: I believe if I just went out anytime and did this when someone calls that they could probably call the Sheriff and tell him–

Ted C. Ziemer, Jr.: What’s the next step after the hearing? Say the hearing is held and the Drainage Board finds there is an obstruction, they order it removed?

Bill Jeffers: If the removal of the obstruction will promote better drainage of the petitioner’s land, and not cause unreasonable damage to the land of the respondent, the Drainage Board shall find for the petitioner.

Ted C. Ziemer, Jr.: And then?

Bill Jeffers: Then the Drainage Board must make a determination as to whether the obstruction was created intentionally.

Ted C. Ziemer, Jr.: Let’s assume that it was not.

Bill Jeffers: If it was not created intentionally?

Ted C. Ziemer, Jr.: Yeah, what I’m trying to get to is what, how do we enforce this? You have a hearing, and you say, yes, there’s an obstruction, and maybe you find that it was not done intentionally.

Bill Jeffers: If it was not done intentionally–

Ted C. Ziemer, Jr.: I just haven’t had a chance to read it. I guess, the only thing the Commissioners seem to me to be saying is, after you have determined that there is an obstruction–

Bill Jeffers: Yes.

Ted C. Ziemer, Jr.: –so that we know it’s not a frivolous claim by some neighbor trying to spite their other neighbor, then might be an appropriate time to make a phone call and say, hey, you’re going to either have to clear that obstruction, or we’re going to have a hearing and this is going to be what the consequences are. I apologize, I didn’t know this was coming up today–

Bill Jeffers: Okay.

Ted C. Ziemer, Jr.: –and I didn’t have the statute to review, and I will be happy to review it–

Bill Jeffers: Sure. I understand that, and I knew that this may come up, so that’s why I’ve provided you with a copy of the statute. If, see it’s been my experience over the years that whenever the County Surveyor has been asked to get too involved outside of the process, I mean, in other words, I don’t agree with this statute all that much to begin with. I don’t think it’s written very well all that much to begin with. But, here it is, I’m sworn to uphold the law.

Commissioner Nix: It’s law, right.

Bill Jeffers: Right. So, I have to uphold the law. Now, I’ve tried to be a mediator before, during and after these things, and it’s always failed. Don’t want to go into any great detail, but it’s never worked out. You’ve got two people that don’t like each other, they’re neighbors, and this is usually a neighborhood squabble that you’re asked to rule on. Obviously, someone doesn’t want to take it to court, so, they decided to impose upon the Drainage Board with this statute. Okay, several of these things, when I tried to mediate them, it just, it didn’t work out. So, what I’ve done is take the most conservative approach and said, it says right here the Drainage Board must make the determination, not the Surveyor. I’ve left it up to the Drainage Board to make these determinations and findings. I’ve really interpreted this along the slimmest of lines. I’ll file a report–

Ted C. Ziemer, Jr.: But, you’re going to make a recommendation.

Bill Jeffers: No, I’m not.

Ted C. Ziemer, Jr.: You won’t?

Bill Jeffers: I have never, I have not made a recommendation on this in years.

Ted C. Ziemer, Jr.: Well, pardon me, how do we know, you’re going to go out and do a field survey–

Bill Jeffers: I will file a report with you.

Ted C. Ziemer, Jr.: Okay, well, okay, and you’re going to tell us there’s an obstruction or there isn’t.

Bill Jeffers: I’m going to tell you what’s there.

Commissioner Nix: And then we would have to determine whether–

Bill Jeffers: Actually, if I want to be bullheaded about it, you have to determine whether or not there’s an obstruction. I want you to read this. That’s why I’ve given it to you, because I’ve been put in some pretty strange situations over the years with this. I don’t want to get this, I really don’t want to, you know, go too far with this, but I’ve really been put in some strange situations with this statute. It does not say I have to tell you whether, I mean, I’ve been at loggerheads with one of the lawyers over this. It does not say that I have to say that there’s an obstruction.

Commissioner Nix: But, ultimately, if we go through this whole process–

Bill Jeffers: These generally go to court after they’ve been here anyway. Then I’m the one, not you guys, I’m the one that ends up over there in court testifying and being made a fool of by the respondent’s lawyer.

President Musgrave: Would you like to set this under advisement and come back next week, have a Drainage Board meeting next week and settle this?

Ted C. Ziemer, Jr.: Well, as a matter of fact, he has to go out and do his field work. Why don’t we, we’re not setting a hearing date, why don’t we let him, and in the meantime, I will review this and report back to you.

Commissioner Nix: Would it be in order to go ahead and accept the petition then? I mean, to get the process going?

Bill Jeffers: I was going to bring that up. If you don’t accept this petition, I don’t have to make an investigation. The way I read the law.

President Musgrave: Do you want to set the hearing date for the 20^th. The statute also says we can move it if we need to.

Commissioner Nix: That’s my motion.

President Musgrave: Second. All those in favor?

All Commissioners: Aye.

Bill Jeffers: When do you want that report? I’m sorry, I missed that.

Commissioner Nix: What would work with you?

Bill Jeffers: I mean, I didn’t know if you wanted to have another meeting before that date.

Commissioner Nix: I don’t think we need to. I think we just need to wait.

Bill Jeffers: And you’re going to have a hearing on what day?

President Musgrave: The 20^th, December 20^th.

Commissioner Nix: That will be a normal meeting.

President Musgrave: Well, not normal, we’re going to move the December 27^th meeting up–

Commissioner Nix: To the 20^th?

President Musgrave: –to the 20^th. If we need to readvertise that, do we need a motion to do that?

Madelyn Grayson: I’ll advertise that we’re going to have a meeting during the normal Drainage Board meeting on December 20^th, and I’ll need a list of the property owners to notify them of that. But, he’s going to make the report at the next Drainage Board meeting, correct?

President Musgrave: Yes.

Madelyn Grayson: Okay.

Bill Jeffers: I’ll have a report on the 20^th. A full report.

President Musgrave: A report at the next Drainage Board meeting, the hearing in this matter would be the 20^th of December.

Bill Jeffers: I’ll have a report–

Commissioner Nix: Does that fit within our time line?

President Musgrave: Yes, it does.

Bill Jeffers: In November, at your next Drainage Board meeting.

President Musgrave: Right.

Commissioner Nix: Thank you, Mr. Jeffers.

Bill Jeffers: In between now and then, if anyone would like to have an individual discussion with me on this statute–

Ted C. Ziemer, Jr.: I would, and I will plan to do that.

Bill Jeffers: Okay, give me a call, and I’ll chalk in some time. But, believe me–

Commissioner Nix: You’d better pack your lunch too on that.

President Musgrave: You’d better involve food in that one.

Bill Jeffers: Well, this is a tangled web, and–

Commissioner Nix: Oh, I understand.

Bill Jeffers: – you will run into it more than once over the next four years.

President Musgrave: So that we don’t need to involve food in this meeting, are there more petitions to remove obstruction? Or was that the only one? I see a hand being raised in the back there. Are you aware of this petition, Mr. Jeffers?

Ann Farney: We are the petitioners.

President Musgrave: You must come to the microphone and identify yourselves and your address.

Ann Farney: Now, this is a different one than the one that he is discussing.

President Musgrave: We will not capture your voice for all eternity unless you come up.

Ann Farney: I am Ann Farney, and this is my husband, Charlie, and we live at 16500 Korff Road in northern Vanderburgh County. We also have a neighbor who is obstructing our flow of water. We have worked with our neighbor for 23 years, and we haven’t settled anything.

Commissioner Nix: You waited until we got elected then, right?

Ann Farney: I’m sorry.

Commissioner Nix: You saw us coming, didn’t you?

Ann Farney: We have, we truly have tried.

Commissioner Nix: I’m teasing.

President Musgrave: Do you have a petition on the form and a $100 check?

Ann Farney: We don’t have, but I’ll give you a hundred dollars if you just listen. I mean, tell me, we were told, we did call, Scott at the County Garage came out and looked at it, and this is what he told us our next step is to come here. Now, he didn’t tell us about going to Bill, or we could have done that, but we didn’t get you involved. So, we don’t really know. He just told us this was the place to come. So, that’s what we did.

Ted C. Ziemer, Jr.: I would think the appropriate procedure would be for you to go to Bill--

Ann Farney: Go to Bill?

Ted C. Ziemer, Jr.: –and get a petition on file, and in the meantime we’re going to have understood more about these petitions than we do today, and then we’ll be happy to hear from you and to help you every way we can.

Ann Farney: Can you tell us where we find the actual law that says that you can’t block someone’s drain?

Commissioner Nix: We just happen to have a copy here.

Ann Farney: That’s what we need. Like I say, we’ve fought this for 23 years.

Commissioner Nix: We’ve even done the work and highlighted the big spots.

Ann Farney: It will be 24 next month. So, we will–

President Musgrave: You’ll be back at another meeting?

Commissioner Nix: The other thing, you know, Mr. Jeffers, can determine whether it’s a public or private, I mean, that even could be an issue. There could be an easement situation.

Ann Farney: Well, they’re supposed to be working on it to find out if this drain actually is, it goes into a ditch, but if this is–

Charlie Farney: What he’s done, (inaudible) under the ground, I had a tile run in the ditch, it used to be four foot deep. When he ran it, I put a tile down through it, he was supposed to pay for half of it, at the other end he mashed it shut right off the bat, when I put a tile through it. Every time I put a tile there, he raises his part of the ditch so that my tile won’t drain. He just did it three weeks ago. Whatever I done, he counteracts it to shut my tile off. Which I’ve got some pictures here if you want to look at it.

Bill Jeffers: What you need to do before 5:00 is go down and talk to Linda in my office, room 325, and get the forms to fill out so that everything is kosher with this statute that he handed you.

President Musgrave: Okay, you have about eight minutes.

Ann Farney: Okay, we’ll fly.

Bill Jeffers: Okay, then we’ll see you next month.

Ann Farney: Okay, thanks guys.

President Musgrave: Thanks for coming.

Bill Jeffers: Ask her to fill out the claim response form so that we have all your data.

Ann Farney: And you’re in room....are you downstairs?

President Musgrave: No.

Brenda Jeffers: 325.

Bill Jeffers: You can go with them if you want to.

Brenda Jeffers: Okay.

Ann Farney: Thanks.

Commissioner Nix: Thank you all.

Bill Jeffers: I’m going to let you in on a little secret, you know, you guys got off easy last year, and didn’t have any of these, but as you can see–

President Musgrave: We weren’t here last year.

Bill Jeffers: –there will be more than one.

Commissioner Nix: We weren’t here last year.

President Musgrave: Yeah, this is year one for us.

Bill Jeffers: Oh, this is year one for you?

President Musgrave: Yeah.

Commissioner Nix: First round.

Bill Jeffers: Well, 2005 is what I mean.

Madelyn Grayson: I’ve been through about three of them.

Bill Jeffers: Over the past nine months you’ve been, yeah, because the deal was with Suzanne, she told me to make sure none of these came before the board until she left.

Commissioner Nix: Until she left.

Madelyn Grayson: I would be glad to provide research on the previous ones.

President Musgrave: We would like the same deal.

Commissioner Nix: Maybe we should defer this another three years.

President Musgrave: Are we ready to move on to encroachment agreements, if any?

Bill Jeffers: There are none, Madam Chairlady.

President Musgrave: And, ditch maintenance claims.

Bill Jeffers: You have them on your desk. They, every ditch has been finished in that folder, inspected by our crew, and authorized for, or excuse me, recommended for payment by me.

President Musgrave: Is there a motion to pay the ditch claims?

Commissioner Nix: So moved.

President Musgrave: Second. All those in favor?

All Commissioners: Aye.

President Musgrave: Is there, we are now at the portion of our agenda where we take public comment. Is there anyone here wishing to, and I see no one. Mr. Nix, would you like to adjourn?

Bill Jeffers: Whoa, whoa, whoa.

Commissioner Nix: Motion to adjourn.

President Musgrave: Whoa?

Bill Jeffers: I had a brief discussion with Mr. Nix about some projects that are coming up, that I hope are coming up, and, basically, what spurred it is on several of our ditches that serve the Levee Corporation, there’s beaver dams discovered and the Levee Supervisor has asked us to take a look at, and I’m handing Mr. Ziemer a copy of a request for proposals because so many of these projects have come up that I’m going to ask the Drainage Board at the first of the year to look into seeking engineering proposals from consultants to help me with these extensive projects.

Madelyn Grayson: Do you have a copy of what you handed to Mr. Ziemer?

Bill Jeffers: Yes, I will. Basically, I just gave Mr., I’ve never written one of these requests for proposals before, so, I’m asking your permission to give it to Mr. Ziemer to see if I wrote it properly.

Commissioner Nix: So moved.

President Musgrave: Second. All those in favor?

All Commissioners: Aye.

Commissioner Nix: And, basically, what Mr. Jeffers and I spoke about was just some projects that enhance the draining situation in the county. This is some things that we feel are important to do, and some of it ties in to what Mr. Stoll’s working on, so that would be prudent to move ahead with this.

President Musgrave: Alright.

Bill Jeffers: Thank you.

President Musgrave: Is there any other business?

Bill Jeffers: Not unless you want to pursue the discussion of this statute?

President Musgrave: Not without food?

Commissioner Nix: Motion to adjourn.

Bill Jeffers: Not without food.

President Musgrave: Second.

Commissioner Nix: All in favor?

President Musgrave: All in favor?

All Commissioners: Aye.

(The meeting was adjourned at 4:55 p.m.)

         Those in Attendance:

         Cheryl Musgrave                      Bill Nix                            Bill Jeffers

         Ted C. Ziemer, Jr.                    Madelyn Grayson           Chris Weil

         Ann Farney                               Charlie Farney                Others Unidentified

         Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

Cheryl A.W. Musgrave, President

Bill Nix, Vice President

Recorded and transcribed by Madelyn Grayson.