MEMBERS Thomas Schlarb- Board President Randall Matthys- Board Vice President John Summers John! Linn, P.E. Derek D. Dieter- County Commissioner Robert L. Kruszynski- County Surveyor Marcellus Lebbin, Esq. Board Counsel ROBERT L. KRUSZYNSKI County Surveyor SKY K. MEDORS, P.E. County Engineer WILLIAMS. SCHALLIOL, ESQ. Executive Dir. of Economic Development ABBYE E.WILES, AICP Executive Dir. ofAred Plan Commission ST.JOSEPH COUNTY ESTABLISHED 1830 INFRASTRUCTURE, PLANNING & GROWTH DRAINAGE BOARD DEPARTMENT OF The Title VI Coordinator has made available at this meeting/hearing a voluntary Public Involvement Survey to collect demographic data to monitor and demonstrate St. Joseph County's compliance with its non-discrimination. obligations under Title VI and Federal Regulation 23CFR: 200.9(b)(4), and more importantly, ensure that affected communities and interested persons are provided equal access toj public involvement. Compliance: is voluntary. However, in order to demonstrate compliance with the federal regulation, the information requested must be documented when provided. Itwill not be used for any other purpose, except to: show that those who are affected or have ani interest inj proceedings, or thej proposed project have been given an opportunity toj provide input throughout the process. May 13,2024, Drainage Board Meeting Minutes St.Joseph County Drainage Board Monday, May 13,2024 4th floor Chambers, County-City Building Present: Thomas Schlarb - President John Linn - Member Robert Kruszynski - Surveyor Marcellus Lebbin - Counsel Randall Matthys - Vice President John Summers Member Derek Dieter- Commissioner Savannah Kish Secretary John Law Absent: Drainage Board Meeting 8:30 A.M. 1. Call to Order 8:30 a.m. Audio Position (0:00:00) The St. Joseph County Drainage Board Meeting was called to order by Mr. Thomas Schlarb at 2. Approval of April 8, 2024, Minutes Audio Position (0:00:04) Mr. John Summers made a motion to approve the April 8, 2024, minutes, being seconded by Mr. John Linn, and the motion was unanimously carried, 6-0. 3. Approval of May 6, 2024, Minutes Audio Position (0:00:26) Mr. John Summers made a motion to approve the May 6, 2024, minutes, being seconded by Mr. John Linn, and the motion was unanimously carried, 6-0. 4. Surveyor's Report A. Payment to Contractors Audio Position (0:01:00) Robert Kruszynski: You see the list in front ofyou. Mr. Law would be glad to answer any questions ifyou have any. PLANNING & ZONING I PUBLIC WORKS I SURVEYOR I DRAINAGE I ENVIRONMENTAL ECONOMIC DEVELOPMENT 227W. Jefferson Blvd. 17h&11thp FI. I South Bend, IN 46601 P:(574): 235-7800 1F(574)235-5057 Mr. John Linn made a motion to approve the April Payment to Contractors, being seconded by Mr. John Summers and carried unanimously, 6-0. 5. Award Bid for Niespodziany Ditch Reconstruction Audio Position (0:02:22) Thomas Schlarb: At this time, we would like to award the bid for the Niespodziany Ditch Reconstruction. Randall Matthys: Any comments? Mr. Jared Huss? Jared Huss: Lawson & Fishers - 525 W. Washington Ave. South Bend. - What you will have in the last two documents in your packet will be a bid recommendation letter as well as the tabulation of bids. We had 5 bids we opened on May 6th.C Oft those, the lowest responsive was C&E Excavating at $3,483,896.00. We reviewed all of those bids. They have everything in order. They do have the requisite experience. So, Lawson & Fisher would recommend the board approve the bid ofc& E Excavating. Marcellus Lebbin: Perfect. John Linn: Just a quick question, Marcel are we all square from your angle. Mr. Randall Matthys made a motion to award the bid to C&E E! Excavating with the low bid of $3,483,896.00, being seconded by Mr. Derek Dieter and carried unanimously, 6-0. Jared Huss: Thank you and just to be clear, on the June 3rd meeting we will bring and work through the contracts with C&E. At that time, we will hopefully sign those contract documents in addition to issue a notice to proceed to move forward on the project. At that time, I can fill youi in on more information on where the permitting and all that stands unless you have questions currently. We are working through the permit process, and they are in good shape. Randall Matthys: Payment for this project - is it through the Drainage Board or Economic Jared Huss: Correct, the MOU that was assigned between the Drainage Board and the Redevelopment Commission. The contract value or the estimate bid was put into that MOU and will go through redevelopment and then those dollars will then be sent to the Drainage Board for Robert Kruszynski: At this time, Iv would just like to thank Jared Huss and Lawson-Fisher for all of their time and patience. The effort going into this beyond the meetings that we had -Iv would like to thank Phil Garrett, Marcellus Lebbin, and the board for taking the time to meet with Jared and answer all questions. It's been a long process, and we are almost there. Iknow we are still waiting on a couple emails from a couple individuals. Ia appreciate everyone' 's help for this Jared Huss: We thank you Bobby and we appreciate the ability and opportunity to work with the Drainage Board and getting the project through and getting it constructed and continue to move Development. you to administer the project. matter. forward on other Niespodziany items. Thank you. 6.K Kimley-Horn Dewatering Discussion - Nathan Horgan Audio Position (0:07:24) Andy Taylor: Kimley-Horn - 500 E. 96th St. Suite 300 Indianapolis, IN: Today we are asking for the outlet for our retention system ini regard to IEC3. Iti is at the SW corner of SR2 and Strawberry Rd. Right now, we are proposing macerating for future development. It's about 225 acres there at the corner. We are going to have 3 interconnected retention ponds that we are planning to discharge directly into the Niespodziany Ditch through RCP storm sewer. We plan on putting that right into the ditch at just above the flow line level. We have been through permitting with Sky Medors and Hana Parkhill. Iam happy to answer any questions you may have. Thomas Schlarb: How many pumps did you say you guys are running? Randall Matthys: Where is the connection to the Niespodziany? Andy Taylor: No pumps. It's all gravity ran. Andy Taylor: Are you familiar with where the pipeline crosses that corner. It bisects those two Randall Matthys: It's just south oft the Niespodziany crosses under SR2 runs diagonally over to Andy Taylor: Right. Is this specific to the dewatering operations during construction. Okay, so I Randall Matthys: So, what you. just described is a temporary outlet or permanent? properties. Strawberry? kind of went through the outlet. Andy Taylor: What I was describing was a permanent outlet. Ithink, maybe, Iv was confused that there was a second item there for the dewatering. I'm not quite familiar with how many pumps they plan on pumping. Iv would imagine it's probably. just one pump through a dewatering bag for temporary dewatering. Randall Matthys: So, what are you requesting today? Andy Taylor: I think there are two separate items. John, correct me ifIa am wrong. There is one for temporary construction dewatering and then there is another item for the permanent outlet for the masquerading and retention ponds. Randall Matthys: So, do you need the permanent pipe installed first or... Andy Taylor: No. Ibelieve the plan would be is that the dewatering would go through a dewatering bag and then to the ditch. That wouldn't be permanent. The permanent pipes would be put into place once the permitting with the Core and IDEM is done because it is a regulated water in the US. We have two 30-inch RCP Culverts going out to the ditch. Randall Matthys: The elevation is... Andy Taylor: It'si roughly above the flow line of the ditch. Just maybe a foot or two above the actual flowline. Because there is water in the ditch right now, sO we tried to putt that pipe above John Linn: Our agenda says Kimley-Horn Dewatering discussion. So, are we just talking about it. the dewatering, is that correct?. And is this for the permanent? Andy Taylor: Yes. John Linn: So, this is for us to look at and consider later, I'm guessing? Andy Taylor: I'm not as familiar with the dewatering, Iguess. I'm not sure we submitted that or ifit was a contractor? John Law: It was you guys, Kimley-Horn. Andy Taylor: Alright, I guess I'll have to follow up with that. I'm not familiar with those details. John Law: I thought you were here to talk about the dewatering and going into that SW ditch. Andy Taylor: There may have been ai misunderstanding on our part. We thought this was for the John Law: The permanent outlet you are also using for temporarily for dewatering. Robert Kruszynski: We don't have the permit in front of us here. permanent outlet. Andy Taylor: It could be. I would imagine that they might have to dewater before that outlet is... John Linn: Can we get you to submit information on the dewatering and then we will consider Andy Taylor: I guess if we could..what are we missing for the permanent outlet? John Law: That's what I thought today was about. this over the next month? Is that going to cause you any trouble? Randall Matthys: What are you here today asking for? Andy Taylor: The permanent outlet is really what we need. Robert Kruszynski: Wej just received this on Thursday or Friday morning. John Linn: Ijust got this this morning. Robert Kruszynski: P'll be honest with you. Am I going to look at this...all oft this? Is this drainage board going tol look at all ofthis? Maybe, but a condensed down version of that Randall Matthys: Is there anything in this book that you think we need to look at today? Andy Taylor: There are some exhibits that I can come up and show you which are more permanent outlet would help us. important. Robert Kruszynski: But this is not what is on our agenda. John Linn: Correct. Robert Kruszynski: Sounds like it went through Sky and Hana, but not this board. John Linn: Did Sky sign off on this? Robert Kruszynski: I cannot answer that, John. John Law: Not on the dewatering. The way I understood it that's what that document there is to discuss the dewatering and getting that permit first sO we can start construction. One ofthe NW dewatering sights were also going to be aj permanent pipe. They were going to do those two together. That's why that document came Thursday, because they wanted each Drainage Board member tol have one. Randall Matthys: Is page 71 ofthis book what we need to take al look at? John Law: I don'tk know Andy. Andy Taylor: Yes, sir. (Proceeds to show Mr. Randall Matthys some pages from the booklet.) Andy Taylor: We have been through both Hana and Sky, and we would just need Drainage Board's approval. Robert Kruszynski: To do? Andy Taylor: They thought we needed that to submit he process. John Linn: Yes, that is very helpful. Do you have his review or approval letter? Andy Taylor: I can geti itt to you, yeah. John Linn: What jumped out to me on page 2 there was the preexisting runoff ofyou are using 100-year storm. Usually, we use 10-year for predeveloped allowable release rate. Iv was just curious ift there was something different here and what Sky's thoughts were. I'mj just on the 3rd Derek Dieter: Would it make sense to table this until we have all the information? page in looking ati it... Robert Kruszynski: Yes, we don't have any correspondence from Sky or Hana or anybody. John might have had a conversation, Ic don'tknow. Usually something comes to this board in a little condensed version, sort of like this with what you are asking this board to do. Andy Taylor: We can put that together. The board meets monthly. Robert Kruszynski: Our next one is June 3rd, which is three weeks away. Andy Taylor: lapologize. We sent this up here last Monday. We didn'trealize that it would take that long to get to you. John Law: We got it Thursday and I gave it to Hana and Sky to review. Andy Taylor: Okay. John Law: I understood that this was going to be for the dewatering, thus that big packet. Andy Taylor: Yeah, Iguess we wouldn'thave produced that. Robert Kruszynski: Usually there is a separate permit that the drainage board has for dewatering, and it gives us a little bit more information..how. many pumps? How many gallons/minute? Where are you going? John Linn: How long you are going to be dewatering? Robert Kruszynski: You are dealing with Reith-Riley too, but you are on the south side. Randall Matthys: My question is this all being recorded for the minutes? Savannah Kish: Yes, as long as the microphone is picking up what is being said. Derek Dieter: For quality purposes. John Summer: Ifyou are going to use that temporarily for dewatering, we really need to look at the dewatering permit too before we can approve this. John Linn: That would be ideal. Marcellus Lebbin: Ithink John Law needs to have a conversation with Sky and we need to get all ofthe information together and maybe you can have a meeting with John Law and Sky sO the Andy Taylerlgueslapalogire: for not being up to speed on the dewatering. It wasn'tonn my Mr. Derek Dieter made ai motion to table the Kimley-Horn discussion until June 3, 2024, when Sky can be available in person, being seconded by Mr. John Linn and carried unanimously, 6-0. Dan Caruso: 305 Compton St. New Carlisle = I've got a couple of issues. First is the GM site, which there is absolutely nothing going on there. Other than the county work that is required to run the sewer and water. Itis a mess. You and I both know that ift my property was like that someone would be knocking on my door and telling me to clean it up. Iknow that iti is a big area, and the commissioners just approved a contract with KM who handles big projects. IfGM isn't going to clean up that property until they decide exactly what they are going to do, can we get KM over there to clean up the property. Iti is a mess. It's overgrown. There are piles of dirt and sawdust everywhere. It'sjust a mess. Second, there is an issue south of Smith Concrete on the corner of Edison and Walnut. Also, on Walnut Rd. just to the south all the sudden Ozinga signs started showing up. I am questioning what is going on with Ozinga there. They say they are bringing in a batch plant. The problem is there has been no permits issued and they have laid a pad. Then, we find out that the county wasn'taware ofit and now the APC is going to...Apparently Smith since they were grandfathered into the area is limited to 25% oft their property being developed with the batch plant. They are going to expand that number to 50%, sO drainage board can get up to speed. radar. 7. Privilege of the Floor Audio Position (0:20:47) that it now includes Ozinga Concrete. Problem is that they have already laid the pad. Here is my question: I am getting sO tired of cutting my grass, can Ijust do that? Can Ihave my lawn ripped out and lay concrete and paint it green without getting aj permit? Why are they allowed to do that? And, apparently, it's going to be okay because the concrete is already there. They're just putting a pause on it. There hasn't been work there for about a week now while this runs through Area Plan Commission. Ijust don't like the way that whole thing is going on. A third issue there, the people who are working on that Amazon property...a lot of work done there.... a lot of farmlands ripped out. 95% oft them are from out of state, SO much for bringing work to our local trades, local work force. They are bringing in a work force from out of state, SO not only is the tiffrobbing our local entities, now the employes working there - the withholdings from their paychecks are from another state. So, we are getting robbed 2 times - from the tiffa and from the withholdings from the employees working on that site. We are just doing things totally Randall Mattys: I understand Mr. Caruso's comments, but I'm not sure. how that is directly backwards here. Thank you. related to the Drainage Board. John Linn: Itisn'treally our jurisdiction. Dan Caruso: Oh, I'm sorry. I'm used to going to a meeting where you can'ttalk about things on Randall Matthys: II know we have privilege oft the floor, but I'm not sure how it directly affects the agenda. the Drainage Board. Dan Caruso: It really isn't. I'm just getting it out there. Derek Dieter: You need to complaint to the commissioners on that. That would be Commissioner Baxmeyer,Ibelieve. Thomas Schlarb: Anyone else? 8. Adjournment Audio Position (0:25:11) Mr. Randall Matthys made a motion to adjourn the June 3, 2024, Drainage Board Special Meeting at 8:26a.m., being seconded by Mr. Derek Dieter and carried unanimously, 6-0. St. Joseph County Drainage. Board Thaomoo Schk Thomas Schlarb, President Bdope Randall Matthys S yh DDD Derek D. Mtthyn Dieter,' 'County Commissioner Dated this 3rd day of June 2024