Yes.

Ryan will open those up and we'll come back at a later time at the meeting to read those into the record.

Number two, change order number one, VC 25, hyphen zero eight, hyphen zero one concrete street repairs.

This is a change order for a net increase of 48,5875 cents for the final material quantities need to complete the project.

When the project was originally bid out, additional deterioration occurred within that year.

So this accounts for the additional patching repairs that were not included in the original cost estimate.

Anything else here, John?

Nope, that summarizes it.

Okay.

Okay.

Motion to approve.

Commissioner Gable.

Yes.

Commissioner Canterbury.

Yes.

President Elpers.

Yes.

Number three, pipe fee acceptance for McCutch and Trace Section 3.

This is for a pipe acceptance fee of $3,292.

This is a subdivision off side road that was approved under the old Plan B drainage ordinance procedures.

You want to explain anything else here, John?

That uh old ordinance just said that any pipes outside the right-of-way could be covered through the developer paying the two dollar a foot fee.

So this fee will cover any future structural failures of those pipes outside the right-of-way in section three of McCutching Trace.

Okay.

I'll make the motion to approve.

Second.

Commissioner Gable.

Yes.

Commissioner Canterbury, yes.

President Elpers.

Yes.

Number four, usable shoulder width and shy line offset design exceptions for Darmstadt Road Bridge number 400 over CSX Railroad.

Because this is a federal aid project, the county must meet NDOT design standards.

However, this is a request to waive standards related to the shoulder width and shy line for this project.

John, anything else here?

The Shy Line is in DOT's way of saying that an object beyond a certain distance wouldn't be perceived as a hazard by a driver.

So in this case, uh for this bridge, that distance is five feet.

The shoulder is three feet eleven inches.

So we can't meet that without widening widening the bridge.

There's no signs of the existing bridge rail having been hit or anything.

So there's nothing that indicates that there is an existing problem.

So on that basis, that's why I would recommend that that design exception be approved.

And the other one in DOTS design standards call for the shoulder width to be eight feet.

And again, we can't provide that without substantial widening of that bridge.

The scope of work for that bridge was just a rehab.

So if we tried to widen the existing 3 foot eleven shoulders to make those eight feet, we'd have massive cost increases.

And again, there's no sign that there's a hazard that we need to be concerned about.

So recommend approval of that design exception as well.

So we're fitting the bridge with the existing road width, essentially.

Right?

Right.

Okay.

This is just the county's acknowledgement that these two N DOT standards won't be met.

That being said, with these there is no sign that these standards, the lack of meeting these standards is creating any existing problems that the county needs to be concerned about.

Right.

So we have a record if there were hazards or bad things that have happened there.

We might need to accommodate that, but you're saying here that everything looks safe and it meets standard.

So correct.

And this bridge got a rehab back in the mid-90s, and again, nothing was changed at that point either.

So this would be this will be the second rehab of that bridge.

And with no previous history of any problems, I don't see an issue with approving these design exceptions.

Okay.

Commissioners, anything.

Thank you for that.

Okay.

I'll make the motion to approve.

Commissioner Gable.

Yes.

Commissioner Canterbury.

Yes.

President Elpers.

Yes.

Number five, sidewalk waiver request.

Graystone estates at 5925 Covert Avenue.

This is a request to waive the sidewalks for a new subdivision development between Shoshani Lane and Seasons Ridge Boulevard.

The area plan first committed to recommend denial of the full waiver with six affirmative votes and two negative votes.

The second vote consisted of a recommendation to approve a partial waiver along the north side of the proposed road running east to west that will divide the subdivision with eight affirmative votes.

And I believe the petitioner is here and as well as the engineer.

Is that okay?

Yeah, Scott Beadle is the engineer.

Yeah.

Come on up, Scott.

But you got for us.

Scott I just wanted to go ahead and provide a drawing.

Just to clarify exactly what we're requesting.

So yeah, at the meeting, we had requested a full waiver for the subdivision just due to costs and so forth associated with home building.

During the meeting, Aaron Miller committed to doing a partial waiver, and area plan seemed pretty favorable and uh agreeable to that.

So we talked about which side it was going to be on.

Uh we settled on the south side of the road, the highlighted part of it.

So it would run from the east side of Shoshone Lane to uh Seasons Ridge Boulevard and tie into the sidewalks there.

We would have one crossover uh in the middle uh near lot 1920.

We'll have our mailbox uh mailboxes on the north side of the road, so we'll have a ramp that crosses over to get to the mailboxes, and then that would be it.

Okay.

So we get we have existing sidewalks uh in the area.

Obviously, we have a park nearby.

So the developer, instead of doing the full waiver, pulled back a little bit and recognized, hey, we got existing sidewalks here, and they're gonna do a partial one.

Yes.

It looks like sidewalks just on the south side.

Yes, and there's sidewalks on Seasons Ridge, and there's sidewalks along Covert right now.

Sounds good to me.

Commissioners, anything else?

I think for a rural or for a county vote, this is certainly more like a city zoning, city living.

You got Harrison Fields on one side, totally uh bordering on this development, and you got Price Park that is open to the public on the other side, and I feel like we should have had all sidewalks, period, because that's pretty condensed area.

And any study that I've read says that about 80 percent of the people moving into neighborhoods want sidewalks for safety, walkability, health, getting to know neighbors, uh I think for our community, sawbarks are a very good thing, and that is about as close to city living as you can get right there.

Uh the sheriff's department is uh sent a letter that they want to deny this waiver.

Uh the EVSC because of Harrison Fields and everyone uh the proximity wants to deny the waiver.

And uh the county engineer wants to deny the waiver.

Very plan went with the partial denial or partial uh waiver for the denial or for not having sidewalks and uh looking through that neighborhood, most of the newer divisions or new newer homes in that do have sidewalks.

I know across to the north uh that older subdivision of uh Arcadian does not in most part, they do have some with sidewalks, but most of the uh neighborhoods in that, and these are just neighborhoods, it's not going to be for anything else, but people living and moving around.

So I think they ought to have sidewalks throughout.

However, with the area plan vote 80.

Um I'm okay with the proposal from area plan with the partial waiver.

Is that a motion?

I didn't make a motion.

Okay.

All right.

I think you did.

No, that's great.

So I will make the motion to approve the partial waiver along.

Is it the south side?

I would just read that second.

Recommended to approve the partial waiver along the north side of the proposed road running east to west that will divide the subdivision.

Is that a motion?

Yes, Commissioner Canterbury.

I'll second.

Commissioner Gable?

Yes.

Commissioner Canberry, yes.

President Operation.

Yes.

One thing on the diagram Scott's provided, it just shows the sidewalk on the south side.

The way I understood it from talking to APC, the sidewalk would also have to be constructed on uh Shoshone Lane, so we'll have to get a clarification on that.

But I checked with APC since the waiver only eliminated the north side.

So it was my understanding the sidewalk would also be needed on the east side of Shoshone.

We'll have to clarify that.

This is not correct.

I'll have to verify it with APC.

You're right.

It's I mean, there's no sidewalks on Shoshone.

North, I mean, there's sidewalks along Covert, but there's no sidewalks west of Shoshone, east of Shoshone or south of this on the west side of Shoshone, though, of the lit of the neighborhoods, it's all fenced.

Yeah, that's wooden fence.

So there's not any movement for people walking over to Harrison Fields or onto Shoshone from there.

So you can kind of see that.

But I think north uh heading north from this development, it would be a nice addition.

I know it costs more money, but for making a better community and for safety and for what people want as far as walkability, I think.

But you're connected to Covert on the east side.

Uh and you're connected price part, which is open there.

But I don't know.

John, what do we have to do on this?

When I tried to verify what the waiver covered, it was my understanding from what APC said that the waiver only asked for uh the sidewalk on the north side to be waived, which that meant that they would be required on Shoshone as well.

I don't disagree with Scott at all that there aren't any sidewalks on Shoshone, but with this being the boundary of the subdivision, it's my understanding from APC that that sidewalk would still be required.

So I'll just have to verify that again.

But I just want to point that out because that's the way I took APC's comments.

This development is not going to have wooden fence blocking people from walking on to Shoshone, is it?

It's gonna be people will be able to enter from both sides?

Yeah, the road will continue from one side to the other.

That's not the way it is for the rest of Shoshone.

You can't drive cars off of Shoshone into those neighborhoods.

You gotta go down to the next block, whatever that is.

But if I know if we get out onto Shoshone and turn the corner, I mean it's I don't know where that sidewalk's going.

It'll go to Covert, wouldn't it?

If you head north.

I mean it would if you had north, but you can go to Seasons Ridge and go north and get up to Cobert.

Uh I understand that with walking, but well we uh we voted on the the partial waiver, so um I guess the commissioners will circle back with John and Scott on hammering out this how we best move forward with this.

So at a later date.

So is that okay, Scott?

John?

Yeah.

Do we what it would did we not vote then?

We're gonna hold it or are we gonna go ahead with the approved the partial waiver.

Partial waiver as stated by the that was the motion that you made was the partial waiver on the north side.

I vote yes.

Okay.

Yeah, you already thought he voted.

Yeah.

Good.

I won't vote this again.

Okay.

Thank you, Scott.

Okay.

Number six, financial commitment letter for Evansville Metropolitan Planning Organization funding application, Hogue Road Bridge number 860.

This letter will be submitted to the Emsville MPO as part of the application for federal funds for the replacement of Hogue Road Bridge just east of Rosenberger.

If selected for funding, the county commits to fund 100% of the design and right-of-way cost as well as the 20 percent local share of the construction cost.

John, any other details on this?

This application would be for federal fiscal year 2032.

So the earliest the project could go to bidding would be July of 2031.

So that's roughly five years that gives us time to get the project designed and approved by EndOt.

Um it actually fits in pretty well because with the Lloyd Expressway work, we really couldn't do anything until at least sometime after 2028, anyway.

The uh total price tag based on uh lotmiller's estimates from a couple of years ago uh between design right-of-way utilities and construction, they were over four million dollars, so getting federal dollars for this would definitely be beneficial for the county.

And we're meeting the deadline which is coming upon us next month, right?

The application deadline is a week from Friday.

Okay, August 7th.

Could you probably say it, but could you repeat uh uh if this if we do approve this plan, there's going to be a timetable this project will be started soon.

No, the design work would be started soon, but the earliest it could go to construction would be July of 2031.

Okay.

Um the funding would be for federal fiscal year 2032, so that'll run from July of 31 through June of 32.

Since we haven't had the funding approved yet, we don't have a specific timetable, but sometime in that 12-month period, the project would go on an in-dop bid letting.

Well, that's what this feeble mine recalled you saying earlier when we talked about it, so thank you for clarifying.

And uh that's gonna be a mammoth job, we all know.

There are substantial amounts of utilities out there, and that'll probably be one of the biggest issues that has to be dealt with out there.

Okay.

Is there a motion to approve?

So moved.

Second.

Commissioner Gable?

Yes.

Commissioner Canterbury, yes.

President Elpers.

Yes.

Uh last item for the engineer acceptance of street improvements, Saddle Creek Estates, Section 2 and 4.

Anything else here, John?

It's 2, 3, and 4.

I'm sorry, 2, 3, and 4.

Commissioners, anything.

No.

Motion to approve.

Second.

Commissioner Gable?

Yes.

Commissioner Canterbury?

Yes.

President Else.

Yes.

Thank you, John.

John, before you go, I want to say thanks on the Broadway Avenue Bridge.

Yes.

It's beautiful.

Has opened what?

About a month ahead of schedule?

Or three weeks.

A couple of weeks, yeah.

Good job.

Thank you.

I'll pass that on Jesse.

He spent more time out there than I did.

Appreciate it.

You made a lot of people happier.

Yes, you do.

Thanks a lot.

You're welcome.

Letter B, Circuit Court number one, memorandum of understanding and agreement with Association of Indiana Counties for Tax Refund Exchange and Compliance Systems Treks.

Circuit Court is looking to transition to a new collection service for delinquent probation users fees and treks is recommended by the Association of Indiana Counties.

Anything else on this, Craig?

No, the TRECS has been vetted and approved through the DLGF for these services.

They are a statutorily approved clearing house for this.

It's a straightforward standard agreement.

Worked out across the state for all agencies across the state.

They handle this.

These types of claims, everything from ordinance violations up to unpaid taxes.

Okay.

Commissioners, anything?

Improvements.

I like it.

Motion to approve.

Commissioner Gable?

Yes.

Commissioner Canterbury?

Yes.

President Opers.

Yes.

Next up, Sheriff's Office.

Number one, a window and transition agreement with Southwest Indiana Recovery and Empowerment Incorporated, SWIRE.

Sheriff Robinson.

Greetings.

Thanks for having me before you today.

Yes.

First up is the window and transition agreement with Southwest Indiana Recovery and Empowerment.

Their board voted unanimously to be absorbed by Southwest Behavioral Health.

Southwestern Behavioral Health already provides services inside the jail to include mental health and substance abuse treatment.

Both entities came to the agreement that for more efficient and monetarily responsible operation, joining the two groups with Southwestern absorbing SWIRE would be the preferred route.

And so both of the agreements before you today accomplishes that goal.

Sheriff, this would be conducted though in the jail at the same spot where you're doing it now.

Yes, essentially the services that SWIRE was provided, which are re-entry support, uh peer support counseling to inmates, those responsibilities and functions will be absorbed by Southwestern Behavioral Health.

For those looking in the building right now and seeing personnel operate, really wouldn't notice the change.

Good.

Thank you.

Thank you.

Okay.

Motion to approve.

Second.

Commissioner Gable?

Yes.

Commissioner Canterbury?

Yes.

President Elpers.

Yes.

Number two, First Amendment to professional services agreement with Southwestern Behavioral Health Care Incorporated.

The second part of the two-part agreements.

This increases Southwestern's ability to bill us for those services that they're not providing where the uh previously provided by SWIRE.

And so it makes the conforming amendments to the original contract to allow that to occur.

Okay.

Thank you.

Very needed services and appreciate that.

Appreciate that.

Thank you.

Motion to approve.

Second.

Commissioner Gable?

Yes.

Commissioner Canterbury?

Yes.

President Elpers.

Yes.

Thanks to Ryan Schultz for his help on this.

Appreciate it.

Thanks, Sheriff.

Thank you.

Letter D, settlement agreement.

I'll refer to Ryan.

Any uh details on this before we see this is a settlement agreement between the Vanberg County Commissioners.

It encompasses a couple of different uh offices, the Sheriff's Department being the main one.

And it's an agreement to settle kind of what is I would characterize as a misunderstanding of certain pension payments by the county and the sheriff's deputies.

So this agreement resolves those.

Okay.

Misunderstandings.

Thank you.

Thank you.

Commissioners, anything else?

See none?

Motion to approve.

Okay.

Second.

Commissioner Gable.

Commissioner Canterbury?

Yes.

President Elpers.

Yes.

Letter E, Resolution No.

C0.R, hyphen 07, 26, 018, concerning County Commissioner meeting dates for 2027.

I think we got a couple dates we're still working on.

So tabling.

Is that okay if we table this until next time?

Okay.

Is that a motion?

So moved.

Second.

Commissioner Gable?

Yes.

Commissioner Canterbury?

Yes.

President Opert.

Yes.

Letter F.

Approval of Vanderburgh County Redevelopment Commission Resolution No.

2026, hyphen V C R Cero Three for the payment of tax increment finance funds.

Craig, anything else you want to add here?

Yes.

This is part of the development incentive package that County Council and the Board of Commissioners and the Redevelopment Commission entered into with Poet Square Apartments LLC.

They came in and helped with uh helped finalize and secure uh some ready money.

Uh as part of that ready money, there was a public-private uh contribution cost share.

Um this was one component of that.

County council also approved uh some other components of that.

Uh their term for the the condition for them to get this payment was that the apartment building foundations had to be built there well past that uh there is a deadline or a target date of September when that payment was uh on it was supposed to go out.

So this is just evidence that everything is coming in on schedule and uh that both sides are uh doing what the agreement uh consisted of that part and those apartments are uh coming up pretty fast, going up pretty fast.

Fantastic.

Yes, I spoke to the spoke to the developer, and everything sh is on schedule and hopeful for a good ribbon cutting it looks like end of November, early December.

Awesome.

And the deadline obviously is December 31st.

Yes.

Commissioners, is there a motion?

Yes, so moved.

Second Commissioner Gable?

Yes, Commissioner Canterbury, yes, President Opers.

Yes.

Letter G, first reading of vacation ordinance, CO.b, hyphen zero eight, hyphen 26, hyphen zero zero six.

A petition to vacate part of a 30-foot of public utility, drainage and railroad spur easement at 9634 Heaton Road.

Is there a motion to approve ordinance co dot v hyphen zero eight, hyphen 26, hyphen zero six zero zero six on first reading and schedule the public hearing for Monday, August 10th, 2026 at 930 in this room?

Yes, so moved.

Commissioner Gable?

Yes.

Commissioner Canterbury?

Yes.

President Elpers.

Yes.

And final bit of business here.

H is ordinance number CO.24 off-street parking and loading.

Commissioner Canterbury.

Yeah, so um I'll make the motion to please table this until our next meeting.

I know we are pushing that deadline, but we've got a few things to work out.

Okay.

Commissioner Gable, is that anything else on that?

Okay.

Commissioner Gable.

Commissioner Canterbury?

Yes.

President Elpers.

Yes.

Number five, department head reports.

Anybody want to approach the commissioners on department head reports?

I see none.

New business, commissioners.

Anything?

None.

Commissioner Gable, you want to remind the public about old business there?

Remove the August 11 meeting to August 10.

August 10 will be our next meeting instead of August 11.

And the reason the three commissioners are going to a state called meeting dealing with data center issues.

And we hope to get a little better sense on that.

I think everyone's aware that we've we're creating a study group right now locally for Vanderburgh County for data center study.

So we're trying to stay proactive and ahead of the game.

And August the 10th is the next meeting.

Thank you, Commissioner Gable.

Next up, number eight.

VC 26, hyphen 08, hyphen 01, concrete street repairs.

Ryan, what do you got for us?

We have three bids.

Commissioners, we have three bids.

We have a bid from River Town Construction in the amount of 769,428.25 cents.

We have a bid from JBI construction in the amount of 74,241.20 cents.

And a bid from uh Blankenberger Brothers Inc.

in the amount of eight hundred and forty-seven thousand nine hundred and thirty-seven dollars and twenty cents.

Is there a motion to take these under advisement?

So moved.

Commissioner Gable?

Yes.

Commissioner Canterbury?

Yes.

President Elpers.

Yes.

Consent items.

Commissioners, any discussion there, or is there a motion to approve?

Motion to approve.

Second.

Commissioner Gable?

Yes.

Commissioner Canterbury?

Yes.

President Elpers.

Yes.

Public comment.

Anyone here want to address the commissioners during public comment?

Do we have anybody on the list?

No one's in.

No one signed in.

Okay.

Going once.

Going twice.

Let's see none.

Rezonings.

I have a few.

Looks like we have four.

All these are first reading.

Letter A, first reading of rezoning ordinance VC six, hyphen twenty twenty-six petitioners Iron River Trucking LLC, Luke Weathman.

Addresses twenty-seven eleven Allen's Lane.

The request is a change from an M2 with UDC to an M2 with UDC.

It's just changing the UDC, I think.

Ah, getting rid of the UDC, correct?

Making a change to make a change.

Okay.

Okay.

Number one, motion to I'm sorry, motion to approve rezoning ordinance VC six, twenty twenty-six on first reading to send to the area plan planning commission to be heard on their August 6th, 2026 meeting.

Is there a motion?

So moved.

Commissioner Gable?

Yes.

Commissioner Canterbury?

Yes.

President Elpers.

Yes.

Next one.

First reading of rezoning ordinance VC 7, 2026.

The petitioner is MMTTLLC.

Donald B.

Decker, Junior Manager.

The address is 1710 Allen's Lane.

The request is a change from an AG to an R3.

Is there a motion to approve the rezoning VC 7 2026 on first reading to send to the area planning commission to be heard on their August 6, 2026 meeting?

I'll make that motion.

Commissioner Gable.

Yes.

President El.

Yes.

Letter C first reading of rezoning ordinance VC 8, 2026.

Petitioner is Celeste the first Roberts Living Trust.

The address is 2900 Slunsker Road.

The request is a change from an AG to an R3 with UDC.

Is there a motion to approve the rezoning ordinance VC 8 2026 on first reading to send to the area plan on their August 6, 2026 meeting?

Yes, I'll make that motion.

Commissioner Gable?

Yes.

Commissioner Canterbury?

Yes.

President Elpers.

Yes.

And last one here, first reading and rezoning ordinance VC 9 2026.

Petitioners Jeffrey and Nancy Effinger.

The address is part of 1530 Shank Road.

The request is a change from an AG to C2 with UDC.

Is there a motion to rezone?

Is there a motion to approve the rezoning ordinance VC 92026 on first reading to send area plan on their August 6, 20 2026 meeting?

Yes.

So moved.

Commissioner Gable.

Commissioner Canterbury.

Yes.

President Elpers.

Yes.

Is there a motion to adjourn?

Yes.

Motion to adjourn.

Next up, drainage.

Thank you.

Morning, Linda.

Okay.

That is a major factor, yes.

Okay.

Commissioner Gable President Canterbury.

Here.

Please join me in pledging allegiance.

I pledge allegiance to the question.

To the flag of the United States of America.

And to the Republic for which it stands.

One nation under God and indivisible with liberty and justice for all.

All right.

Do we have a motion to approve the previous minutes?

Motion to approve.

Sorry.

Commissioner Elpers.

Yes.

Commissioner Gable?

President Canterbury.

Yes.

All right, Linda, we're looking for an amended drainage plan approval and encroachment agreement for 2712 Willow Creek Drive, West Ridge Commons.

Yes, ma'am.

You don't have this paragraph on yours, I just added it this morning.

Next to the spillway.

As a note, the erosion was first noticed in 2023 and appears to have begun next to a uh due to a plastic pipe that ran under the spillway and discharged into the creek.

Per an email dated July 14, 2026 from Glenn Merritt, he uh sent an um updated plan.

He said attached is an updated drainage plan with the existing ditch topography that was shot on July the second, twenty twenty six.

I don't have anything to do with the wall design and will not be providing any di additional information on the wall other than showing the proposed wall location.

No construction is proposed below the existing ditch ordinary high water marks, so there has not been any correspondence with the um use ace, which is United States uh Army Corps of Engineers, because the wall construction is not within their jurisdiction.

Um that's what I gave you in the black and white copies.

Um they're talking about installing a 70-foot linear 70 linear feet of a wall using three by three by six blocks, three foot wide and twelve foot tall.

The wall will be entirely underground when construction is completed.

The emergency spillway and berm will be reconstructed to match the existing elevations once the wall is backfilled, backfilled, and the wall is to be designed by others.

Um they're wanting to get an encroachment agreement for that.

Um but basically working with uh Craig and uh Seth Zirkle from um D's and Donovan and Conn, uh we both myself and the county engineer kind of felt that uh due to the lack of information.

It's the opinion that the owner, its successors and assigned shall be solely responsible for all maintenance and repair of any structure improvement or modification made within the easement, whether or not such features are specifically described or depicted in any exhibits or plans attached to this agreement.

The drainage board's approval applies only to the owner's request to encroach into the drainage easement.

By granting this approval, the county is not providing any opinion or assurance that the wall to be constructed within the drainage easement will serve as a permanent or adequate solution to creek bank erosion occurring near the spillway located within the easement.

The county is also not approving reviewing or endorsing the design of the wall other than the general dimension dimensions of the proposed wall.

The county has not been provided any details regarding its design or construction.

Um so we kind of felt like the approval should only be limited to permitting the encroachment into the drainage easement and then all other aspects of the wall's design, engineering, and construction remain the full responsibility of the developer and or the developer's consultants, which then um once this lot was sold.

Um from what I understand it's Jego's model home that's on this lot.

So when Jago would sell this, it would be the owner's responsibility for this wall uh that's basically underground.

Um the count we've been working with uh both county surveyor and county engineer.

We've been working with legal to develop an encroachment agreement that clarifies the developer is going to be responsible for obtaining all necessary approvals from applicable agencies and holds the county harmless as the county's ordinance does not provide provisions addressing this type of construction.

And we the other black and white copy nine pages, the drainage encroachment agreement, drainage easement encroachment agreement.

Uh nine pages, the drainage encroachment agreement, drainage easement encroachment agreement.

This is we just received this last night about well, I've got 542.

Um so we haven't, I mean this is what back and forth with legal has come up with to protect the county.

And um, but Scott Beadle, no one's here from Cash Wagner.

Uh I mean I can see that.

So Linda, this drainage encroachment agreement has not the petitioner has not seen this yet.

Correct.

Because we just why would we move forward with all this if you're well I was hoping that they were uh Scott Beadle was here with Cash Wagner, and I was hoping that we could at least maybe address it with them to say Well it looks like Glenn is the project engineer on this.

Yes, but I mean Scott could at least Glenn present?

No.

Okay.

So they were wanting to get started on their construction of this wall, and we thought that honestly, I thought somebody would be here from them.

So Craig opinion course of action, wait till next meeting.

Yeah, I mean we've um looked at this we have gone back and forth.

We believe that this is uh that this adequately protects uh the drainage board and the county.

All that this does, uh all that this agreement does is allow them to put that encroachment and it does not require any approvals, any review, uh any stamp of approval or uh any ongoing maintenance from the county.

Um we would recommend that you approve this today so that we can then send it off to the uh to the engineer, and if they want to start, that's kind of uh accept this, it takes the full responsibility, take full liability.

Um as Linda mentioned, the owner of the lot that this is going on is Jego Holmes.

It is their uh model home, so they will be the owner.

Uh and this agreement also includes a provision that they are to provide that encroachment agreement when they do sell.

Um this is one of those where the developer has come up with a um uh atypical request.

Um so we had to respond in an atypical fashion, and uh we believe that this encroachment agreement does that while uh allowing the development to go forward in the way that they want while also protecting the county uh because we cannot and will not pursuant to this document verify or double check or um take any assume any ongoing uh responsibility for maintenance, liability, indemnity, insurance uh for this retaining wall, which is uh as Linda said, something that is not uh a typical request.

So when was this sent to the it hasn't been?

We just got it last night at 542.

From who?

Uh Seth.

Uh is that Seth?

Is that right?

Gus.

Yeah.

Yeah, from KDDK.

Gotcha.

So we like said, we've been working on it back and forth trying to get something drafted.

I was hoping to be able to see.

Cash Wagner has not seen this yet.

They haven't not commented on this.

No, they haven't.

We just got it last night.

Okay.

So I know that they want to get they want to start their construction.

So I don't know.

I mean, like, can we if they agree to this?

Well, it was uh yeah, it was Friday morning when we received the first draft of this from him.

Is that correct?

So well, it was a suggestion that we made because looking at what they've submitted, and like I said, this is not uh a new problem.

This is something that was known in 2023, and um this is the solution that they've come up with over the course of you know, I don't know.

I guess maybe they have a they want to sell this model home.

Uh I don't have anybody here to speak to this, so um, but without any kind of details, and then it looks to be like the uh it's gonna be installed and per se designed on site by whoever installs it.

So we really don't have I mean this this is what we've got right here.

Install the wall, blah blah blah, walls to be designed by others, and then per Glenn Merritt's email, he's uh no construction is proposed below.

Oh, okay, wait, wait, wait.

He do do to do.

I don't have anything to do with the wall design and will not be providing any additional information on the wall other than showing the proposed wall location.

So we're that's where we're at with this.

That we're kind of in the dark, and then like Craig said, it's a very atypical type of situation.

So we were trying to protect the county.

Uh we don't have a problem with the encroachment, but we can't really well we have a legal document here that the petitioner has not read through or agreed upon yet, so I feel uncomfortable moving forward with number two, Commissioners.

Well, I'm it is uh the developer's request to start building this, uh, but we can certainly provide it and come back in two weeks.

Um they would not be able to start their project until we have that uh until we have this in place.

So um, but I certainly understand uh the board's uh the board's discussion with that seems appropriate.

Yeah, I mean was that a motion to table?

Is that what I'm hearing?

Any other comment, Commissioners on that when the wall is built, we will not be liable.

County will not be liable.

Utilizing this agreement, yes.

Okay, and that was the purpose of this.

That um this is a very atypical type of drainage encroachment.

Um but the builder has not seen this yet.

Well, they've seen they've seen what the notes are on the plans that you know uh and then the emails that uh Glenn's not you know, I don't have anything to do with the wall, and I'm like, because that's addressed to Manual uh ball with Jego.

So I mean he understands I mean they've been in on the conversations as far as they understand that Glenn Merritt's not designing or can we can we approve it from our end?

And if they don't agree with it, then it's void.

And that that's kind of where I was thinking that.

If they agree, if they agree to this, then they agree they could start.

If they don't, if they disagree, they just don't sign it and we don't have a valid agreement, and they can still come back and negotiate.

Okay.

I mean that that would give them the opportunity to um start if they agree with the uh the parameters contained in the agreement.

And w with whom do they will they make this agreement official?

Uh the drainage board would grant the encroachment if they agree to the terms of the encroachment agreement as approved um here today.

Which holds us which does not hold us liable for anything.

Which they take full responsibility.

And ongoing maintenance, um, then they they could sign it, they would have to have it recorded, uh, and once they provide the recorded encroachment back to this board, then that could begin on their project.

Well, uh, I feel like we should approve it as is with those restrictions, and then if they want to get started on it, that'll give them two-week jump.

But they have to do that.

They have to agree to this.

They have to agree to it first.

To go to start.

Yeah.

I'm comfortable with that.

Motion?

Motion to approve.

Sorry.

Commissioner Elpers?

Yes.

Commissioner Gable?

Yes.

President Canterbury.

Yes.

Okay, thank you.

I don't have that document though.

Um you will.

Like I said, we just got it last night, so we were and we've been back and forth with it.

Uh number three is a preliminary drainage plan approval for Deer Field Section 5 with Morley.

Morley on behalf of their client U.S.

Lots, Deerfield Subdivision LLC is requesting preliminary drainage plan approval for Deer Field Section 5, along with a variance for undetained runoff greater than 10%.

Um, which is uh variance to the technical memorandum number one that states that the proposed developed area does that designated to leave the undetained must be less than 10 percent of the total project area, the approximate developed area that will leave undetained is 1.70 acres, which represents 21 percent of the total project area of 7.98 acres.

This variance is being requested due to the existing site grades.

The final size of the undetained area will be confirmed as part of the final drainage plan, although the undetained area will exceed 10 percent.

The 25 year post-developed release rate will be less than the 10-year pre-developed release rate as required by code.

The county surveyor and county engineer agree that the plan meets the requirements for a preliminary approval and concur with the variance request.

The variance request is dated July 14, 2026, and Madeline has a copy available for your signatures.

I'm requesting the board's approval of the preliminary drainage plan along with the variants.

But I think we have you here for Deerfield.

Yeah.

Okay.

I I we had a gentleman stop in the office right before the meeting that I think he wants to speak to Deerfield.

I don't know what I don't really want to speak.

I was just in just my judge.

Okay.

Okay.

I'll need his name for the record.

We'll get his name.

Do you would would you like to come up here and at least state your name and yeah, your this your name and address, please?

Good morning.

Well, you can mention.

Thank you.

Yeah, I'm Neil Dawsett, and I'm concerned about or just wondering about the drainage plan for Deerfield.

I currently live at 10344 Burke Crest Drive, and we're building a house right now at 501 Whitetail Court.

So the gentleman right there.

I thought we might get by without this.

Sorry, I didn't know I was calling for I brought call their exhibits.

Jim Morley Jr.

Project Engineer.

Uh I wrote down Mr.

Dawsett's information and uh we'll uh pay special attention to where he's building and make sure.

I mean we always do, but uh make sure we don't uh provide any adverse effects on him or his property.

But I did take take notice of the project.

Very well.

Thank you for that.

Thank you for being here, Mr.

Dawson.

Motion to approve the drainage preliminary approval for Deerfield Section 5.

Preliminary preliminary, sorry.

Yes.

Commissioner Elpers?

Yes.

Commissioner Gable?

Yes.

President Canterbury, yes.

Okay, number four is a drainage plan approval for 1700 Fry Road.

Morley is the engineer.

Morley, on behalf of their client Ray Ingler is requesting a variance to Vanderburg County Drainage Ordinance 13.04.315 A and B, which state a minimum channel depth of one foot is required, however, additional depth may be required to provide adequate outlets for tributary drains.

And a minimum flat bottom width of one foot is required for all open drainage channels.

Due to the existing topography, only a portion of the project will drain in this direction.

The plans include a typical detail for a six-inch deep V bottom swale, and Morley is requesting that this detail be permitted for this project.

The surveyor's office and the engineer's office are in agreement with this request and recommend that the board approve the variants along with the drainage plan.

I think Cody.

Oh, okay.

Well, Jim Jim could speak to Cody if there's any questions for the engineer.

But well, basically we are in agreement with that.

Madeline has the paperwork for your signatures.

Motion to approve the drainage plan approval for 1700 Frey Road.

Commissioner Alpers?

Yes.

Commissioner Gable.

Yes.

President Canterbury.

Yes.

Okay.

Next we have an application to effect a regulated drain, Crawford Brandeis extension, 2340 North Burkhart Road, again, Morley.

This project is located within the city limits.

However, it will impact a regulated drain.

Morley on the behalf of their client 2340 LLC is requesting that the board approve the application to affect the regulated drain, along with the request for a relaxation of the right of entry and to allow the outlet pipe from their basin to encroach into the right of entry.

The project, which involves outdoor trailer storage, seeks to reduce the statutory right of entry for the uh for Crawford Brandeis extension from 75 feet from the top of the bank to 35 feet from the top of the bank.

This risk request is consistent with the right of entry previously granted for the adjoining property to the north at 2414 MJM Industrial Drive.

Granting this relaxation will allow the proposed building, the associated fill slopes, and the entire detention basin to be constructed outside the right of entry while remaining above the flood protection grade.

The county surveyor recommends that the board approve this uh right-of-way uh right of entry relaxation, and Madeline has your paper has the paperwork for signatures on that as well.

Yeah.

Uh motion to approve the Crawford Brandeis extension on uh North Burkhart Road.

Commissioner Elpers?

Yes.

Commissioner Gable?

Yes.

President Canterbury, yes.

Okay.

The Mark Norman obstruction update, and this is really I shouldn't have put it in the action items, but um, we did we got the letter drafted for the United States Army Corps of Engineers.

I sent that out via both email and uh the Postal Service.

I also react reached out to some email uh contacts that I had in my outlook that were some of them were old, but I some of them bounced back.

But I did get uh did get the information that we needed.

Um and they said to contact Megan Knuckles, and then she turned around and called us on July the 16th.

She stated that she would look into the matter and provide information regarding what can and cannot be done within the channels.

And if I recall correctly, she was busy last week, but she anticipated being able to get us something out this week, and we'll probably I'll probably reach back out to her, but we did at least.

We have a contact we yes, it was some back and forth.

So if you if she's agrees with the plan, then they can start immediately.

Well, basically, what she's gonna do is tell us what they can and can't do, and then let we'll let the property owners know uh what they can and can't do to help this problem.

Hopefully, right.

I mean, right off the top of my head, I'm hoping that they can at least get they should be able to get the trees out of the way, the ones that are down, get the debris and stuff out of the way.

Then they probably hopefully they can cut some of the trees that are looking to be in peril.

They probably would have to leave the stumps, but there again we're we're waiting to see what they what they come back with us.

So this has been going on long enough, I think.

Yes, it has, and we I reaching out, I did find out that a couple of the people are retired, and you know, because the one guy came back and goes, well, so and so is retired, and I was like, okay, but it was a contact I had, so but at least one of them at least one or two of the contacts I had were not retired, so I was able to get to the person that we needed.

So they don't really have this information on their website.

You can make a phone call, leave a voice message, and just a minor update.

One of the uh major businesses through there uh improved their culvert and dug it out and it actually sunk a lot, so that was a good improvement as well.

So the water can go through quicker.

Cool.

Yep.

So that was basically informational.

Um motion action needed from the board.

Uh ditch claims, since the last meeting of July 14th, 2026, there have been 23 claims submitted in the amount of 24,058.63 cents.

These claims are for work awarded in 2026.

I asked the board for a motion to approve the submitted claims retroactively.

Um the tables included below.

Basically, we've got our mowers and sprayers out there doing their thing.

So we're just trying to get them paid.

Motion to approve the ditch claims.

Commissioner Alpers?

Yes.

Commissioner Gable?

Yes.

President Canterbury.

Yes.

Okay.

Um on the informational side that the next Pigeon Creek Watershed Development Commission meeting will be Monday, August the 24th at 10 o'clock here in this room.

Uh then we also just a reminder the Colb Ditch Vacation Hearing will be on August the 10th.

Um August the 11th was the original scheduled date.

Um, but you guys got a thing you want to go check out for data centers, I understand.

So I just wanted to put it out there just in case somebody's reading or listening or hearing this that the August 11th meeting has been moved to August the 10th.

Thank you.

That's all I have.

And I don't know.

Any other business?

Public comment.

Oh, oh yes, sorry.

I do want to add that the Pigeon Creek Watershed Development Commission website is live now.

Oh, good.

So um it is still a work in progress, and uh yeah, so we're we're moving forward.

Moving forward, good deal.

So thank you.

All right.

No public comment.

Once, twice?

Okay.

Do we have a motion to adjourn?

Motion to adjourn.

Okay, thank you guys.