ĐĎॹá>ţ˙ ‘“ţ˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁ7 𿼓bjbjUU *Ŕ7|7|s1˙˙˙˙˙˙l\\\\\\\p---8>- J-”p7śę-ę-......œ6ž6ž6ž6ž6ž6ž6$Ó7 ó9ÄÂ6\.....Â62\\..×6222.š\.\.œ62.œ62z2ˆ6\\ˆ6.Ţ- °ebÓłŠÉp–+-š.‚ˆ6ˆ6í607ˆ6ˇ:/ňˇ:ˆ62pp\\\\ŮThe Fulton County Drainage Board meet on Monday, January 12, 2009 at 9:00 A.M. E.S.T. in the Commissioners/Council Room of the Fulton County Office Building Board members present were Roger D. Rose, Sherry S. Fulton and Stanley Musgrave. Also present were Don Towne, Fulton County Surveyor; Tom Chudzynski, Assistant Surveyor; Jean Cloud, Drainage Board Secretary, Greg Heller, Drainage Board Attorney; Henry Smith; Claudia Bailey, Cheryl Benedict, Carmen Smith and Wayne Howell. Drainage Board Secretary, Jean Cloud, called the meeting to order at 9:10 A.M. E.S.T. IN REF: ELECTION OF OFFICERS Drainage Board Secretary, Jean Cloud, opened the floor for nominations for Chairman. Sherry Fulton nominated Roger Rose. Being no other nominations, Jean entertained a motion to close nominations. Stanley Musgrave made a motion to close nominations. Sherry Fulton seconded the motion. Motion carried three to zero. Stan Musgrave seconded the nomination of Roger Rose for Chairman. Nomination carried three to zero. Drainage Board Secretary, Jean Cloud, turned the meeting over to Chairman, Roger Rose. Chairman, Roger Rose, opened the floor for nominations for Vice Chairman. Stanley Musgrave nominated Sherry Fulton for Vice Chairman. Roger Rose seconded the nomination. Nomination carried three to zero. IN REF: APPOINTMENT OF SECRETARY Chairman, Roger Rose, stated Jean E. Cloud has been our Secretary. Chairman, Roger Rose, entertained a motion to appoint Jean E. Cloud as Secretary. Vice Chairman, Sherry Fulton, made a motion to appoint Jean E. Cloud as Drainage Board Secretary. Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: APPOINTMENT OF LEGAL COUNSEL Chairman, Roger Rose, stated Burke and Heller has been our Legal Counsel with Greg Heller representing them on our Drainage Board. Vice Chairman, Sherry Fulton, made motion to appoint Burke and Heller as Legal Counsel for the Drainage Board. Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: ADOPT RESOLUTION 011209 ESTABLISHING DATES AND TIMES FOR 2009 Chairman, Roger Rose, stated we now need to adopt Resolution 011209 Establishing Dates and Times for the 2009. Chairman, Roger Rose, read Resolution 011209. Being no changes in the Resolution, Chairman, Roger Rose, entertained a motion to adopt Resolution 011209 as read. Stanley Musgrave made a motion to adopt Resolution 011209 as read. Sherry Fulton seconded the motion. Motion carried three to zero. RESOLUTION 011209 A RESOLUTION OF THE FULTON COUNTY DRAINAGE BOARD OF THE COUNTY OF FULTON, INDIANA ESTABLISHING MEETING TIMES FOR 2009. WHEREAS, the Fulton County Drainage Board has established that they will meet on the second (2nd) Monday of each month at 9:00 A.M. local time, unless that Monday falls on a County observed Holiday, then the meeting will be held on the second (2nd) Tuesday at 9:00 A.M. local time in the Conference Room at the Fulton County Office Building. WHEREAS, the Fulton County Drainage Board have established meeting times as set out under Indiana Code 36-2-2-6 et.seq.; NOW THEREFORE, Be It Resolved by the Fulton County Drainage Board that: 1. The Fulton County Drainage Board will meet on the second (2nd) Monday of each month at 9:00 A.M. local time, unless that Monday falls on a County observed Holiday, then the meeting will be held on the second (2nd) Tuesday at 9:00 A.M. local time; in the Conference Room at the Fulton County Office Building. 2. Other meetings will be scheduled and a public notice will be given. Adopted this 12th day of January 2009. FULTON COUNTY DRAINAGE BOARD Roger D. Rose, Chairman Sherry S. Fulton, Vice Chairman Stanley Musgrave, Board Member Attest: Jean E. Cloud, Drainage Board Secretary IN REF: HENRY SMITH UPDATE ON PROJECTS Chairman, Roger Rose, asked Fulton County Surveyor, Don Towne, to give the Board an update on the projects that contractor, Henry Smith, is working on. Fulton County Surveyor, Don Towne, stated at the last board meeting Henry Smith had three (3) projects that needed to be completed by the end of the year. Fulton County Surveyor, Don Towne, stated Henry has the Graham Ditch almost completed. Don further commented that Henry has some work done on the other two (2) projects, which are the Ball Ginther Shadel and the Bucher. Don further commented that Henry Smith would like to complete the projects. Don also commented that several landowners have contacted him wanting to know when the projects will be completed. Chairman, Roger Rose, stated he would bring the two (2) new Board members update on the situation. Drainage Board Secretary, Jean Cloud, commented that the Ball Ginther Shadel project was awarded on May 8, 2006 and to be completed April 15, 2007; and the William Graham project was awarded on August 13, 2007 and to be completed on December 15, 2007; and the Bucher Open project was awarded on August 13, 2007 and was to be completed on May 1, 2008. Jean Cloud commented a draw of eight thousand dollars ($8,000.00) has been paid on the Ball Ginther Shadel and ten thousand five hundred dollars ($10,500.00) has been paid on the Bucher Open to Henry Smith on work done on both projects. Jean Cloud further commented the bid on the Ball Ginther Shadel was twenty thousand five hundred dollars ($20,500.00); and the bid on the Bucher was twenty-eight thousand nine hundred seventy-six dollars and forty-eight cents ($28,976.48). Chairman, Roger Rose, stated the Board has debated this issue for some time as far as to what to do with the situation. Roger further commented the Board does not want to be the bad guy, and that is the reason this has gone on as long as it has. Roger further commented when we start receiving repeated complaints from the parties involved, then it behooves us to become more serious about the situation. Drainage Board Secretary, Jean Cloud, stated a letter was sent certified, return receipt to Henry Smith on September 10, and another letter was sent to him on November 12 and December 22 in reference to this issue. Drainage Board Secretary, Jean Cloud, was asked by Chairman, Roger Rose, what the context of the letters were, which Jean explained. Vice Chairman, Sherry Fulton, asked, how much of the work is not completed?” Fulton County Surveyor, Don Towne, stated he does not have the footage figure with him today. Henry Smith commented the Graham ditch is almost completed. Henry Smith also commented that the Bucher is over half done and the Ball Ginther Shadel is over half done. Fulton County Surveyor, Don Towne, commented the Shadel is over half done and not sure about the Bucher. Don further commented there is a lot of brushing to be done on the Bucher and there is a lot of dipping to do. Vice Chairman, Sherry Fulton, asked if there is a reason why the work is not done. Henry Smith stated it has been slow moving with the weather. Henry commented with the permits on the Bucher there are only certain times that it could be worked on and also there were crops involved. Fulton County Surveyor, Don Towne, commented if the Bucher was not done by April 1, then the work had to be halted because of the permit. Don further explained that the work could not proceed until the end of September, because of fish spawning and bat habitat. Fulton County Surveyor, Don Towne, explained that Henry had done the main ditch of the Ball Ginther Shadel, and the work that is not done is a branch off of the main ditch. Drainage Board Secretary, Jean Cloud, stated Henry had sent a letter to the Drainage Board on August 10, 2007 as to why the Ball Ginther Shadel had not been completed because of problems with the final drive on the excavator and expected the project to be completed approximately September 1, 2007. Henry also faxed the Board a letter on January 14, 2008 and stated he was still having problems with the excavator and expected to complete the project by April 1, 2008. Drainage Board Secretary, Jean Cloud, stated there was no written documentation from the contractor on the Graham and Bucher projects, only verbal with the Surveyor. Drainage Board Secretary, Jean Cloud, commented the contractor did sign a contract on the projects being discussed. Chairman, Roger Rose, stated there is a reason there are completion dates on the projects, because the Board likes to be diligent in how they do business. Roger stated the Board sets the dates with the expectation that the contractor meet them. Chairman, Roger Rose, stated that all three (3) of the projects are significantly beyond that, and that he is concerned at what point have we failed in doing our job. Roger further commented the Board has the burden on them of due diligence and to get done what we agreed to do. Roger commented that means the person that was awarded the bid should live up to their obligations. Chairman, Roger Rose, stated when we get complaints from landowners; that is when the Board loses credibility with the public for not doing our job. Chairman, Roger Rose, further commented the Board cannot further overlook situations like this. Henry Smith stated he knows he is past due on the jobs. Henry further stated he is back on the jobs and working on them consistently. Henry stated work is not as fast as he would like it. Henry further stated these are not the first contracts that he has had with the county. Henry further commented he has worked for the county for at least sixteen (16) years. Henry also commented he works in Miami County. Henry stated he fell behind on these three (3) jobs. Henry stated he has been trying his best to get them done, in fact he worked over the weekend on the Graham so he could get it completed and get moved over on the Bucher. Henry commented he has had a job or two that has went a little bit over the date, but always tried to meet the deadline date. Henry commented with these three (3) jobs we bit off a little more than we could chew when he bid these jobs. Henry stated he had one machine down for quite a while, but we are putting forth an effort, we are not leaving things set and not out there not working. Henry stated the progress is not as fast as we would like. Henry stated the ground conditions along the ditch are not good. Henry further stated they are close to finishing the Graham, except for the final grading which cannot be done until spring. Henry stated with the cold temperatures coming in this week, the progress will be really slow. Stan Musgrave asked Henry, “If you are given the opportunity to finish it, in your best estimate, when would it be done?” Henry responded, “ To finish all three (3) jobs according to the contract, we are looking at April 2009.” Henry also commented he would like to keep the jobs and get them done asap. After further discussion on this issue, Chairman, Roger Rose, commented what makes him uneasy is the fact the Board has repeatedly set new deadlines and the contractor has not fulfilled the deadlines. Henry commented he would like to have until April 1st to complete the projects, because what other contractor do you have to do the work? Fulton County Surveyor, Don Towne, commented the second lowest bidder on the projects was Grade A Excavating and he is busy at this time. After further discussion, Don stated they could find someone who would be interested; just don’t know what the cost would be to complete the projects. Board Member, Stan Musgrave, asked Henry if he had a crew or if he worked by himself. Henry commented when he bid on the projects he had several guys working for him, but he has downsized and does the work himself. Stan asked Henry if he could afford to hire someone. Henry commented he could, but does not want to. Henry stated getting the jobs done is not the issue of hiring a bunch of people to get the job done. Henry stated the weather condition is a factor. Henry further commented if the weather had not been so bad the last couple of weeks, he would have had the Graham done. Fulton County Surveyor, Don Towne, commented brushing could be done when the weather is cold. Chairman, Roger Rose, asked Henry if he was comfortable committing to an April 1st date for completion of the three (3) projects. Henry responded “yea”. Chairman, Roger Rose, commented this is an unusual situation for two (2) new Board members to deal with. Stan Musgrave commented that Henry stated he has worked for the county for sixteen (16) years. Stan asked if someone could speak for his record for that period of time. Fulton County Surveyor, Don Towne, stated Henry is an in county contractor and has done several jobs for the Board over the years. Stan asked about Henry’s history of completing projects on time. Don stated Henry has been put on probation, which meant he was not asked to bid on projects for a period of time. Assistant Surveyor, Tom Chudzynski, commented that they are always pleased with the quality of Henry’s work. After further discussion, Chairman, Roger Rose, stated we need to bring this to a conclusion and stated he would be willing to give Henry until April 1 to complete the projects and hopes that Henry realizes the situation the Board is in. Roger stated the Board is here representing the people who pay the taxes on the ditch to get the work completed on time. Roger further commented it would be appreciated if the work were completed in a timely manner. Sherry Fulton commented that future contracts would depend on if these projects were completed by the deadline of April 1st. Stan Musgrave commented since this is his first time to set on the Board he would not push to eliminate a contractor at this point, but would suggest if additional help is needed to complete the projects by April 1st, then you should do that. Henry stated he would give it some thought. Stan commented to Henry to plan his work, if it is too cold to dip, then cut brush. Chairman, Roger Rose, entertained a motion to extend completion date for the three (3) projects discussed to April 1, 2009. Stan Musgrave made a motion to extend completion date for the three (3) projects discussed to April 1, 2009. Sherry Fulton seconded the motion. Secretary, Jean Cloud asked if a written agreement needed to be drafted to be signed. Drainage Board Attorney, Greg Heller, stated it is not necessary. Motion carried three to zero. IN REF: JACKSON AND WAGONER OPEN HEARING:ORDER MADE CAUSE NO. 8-1970 #561 NOTICE PUBLISHED Chairman, Roger Rose, opened the hearing at 9:45 A.M. Landowners/Representatives in attendance were Claudia Bailey, Cheryl Benedict, and Carmen Smith. Chairman, Roger Rose, stated the purpose of the hearing is to raise the maintenance rate. There are 563.41 benefited acres in the watershed consists of 35 parcels. The landowner notices were mailed on December 10 and the legal notice was published on January 2. Chairman, Roger Rose, further stated the current maintenance rate on said drain is thirty-four cents ($.34) per benefited acre with a five dollar ($5.00) minimum. The proposed maintenance rate is two dollars ($2.00) per benefited acre with a ten dollar ($10.00) minimum. Chairman, Roger Rose, stated there was one letter of concern received from Robert Bird, Sr. Chairman, Roger Rose, asked Fulton County Surveyor, Don Towne, to do an overview of the project. Fulton County Surveyor, Don Towne, stated nothing has been done on this drain for a long time and the assessment is the original assessment and it is low. Don stated there is approximately thirteen hundred (1300) feet of open ditch. The open has backed up on the tile and has caused blowouts on the tile. Don stated the plans are to raise the maintenance in order to clean out the open portion of the drain and put the open on a spray program. Don explained that Robert Bird had put tile in on his property that drains to the north, which he should be excluded from the assessment role. Don commented there was not enough money in the maintenance fund to do the cleaning on the open portion. When the landowner had a contractor fixing the tile, he asked to have the open cleaned and paid for the clean out and we will reimburse him for his portion of the clean out. Chairman, Roger Rose, asked for public comment. Cheryl Benedict stated she has property on County Road 800 west and has no objection or remonstrance on the project. She asked to see the map as to where the drain was located. There was discussion on when the drain was set up and the maintenance rate at the time the maintenance rate of was established. Drainage Board Secretary, Jean Cloud, commented the drain was set up on maintenance in the 70’s at the thirty-four cents ($.34) per benefited acre and there has been no increase on the maintenance rate. Stan Musgrave asked if there had been any maintenance done on the drain. Fulton County Surveyor, Don Towne, responded there had not been any maintenance done until the recent clean out that he is aware of. Stan Musgrave asked if there was a balance on the books to pay this bill. Drainage Board Secretary, Jean Cloud, commented as of December 30 there was a balance of approximately five hundred and seventy-seven dollars ($577.00). After further discussion, the invoice from Bill Widner in the amount of five hundred and forty dollars ($540.00) has already been submitted for payment for the clean out of the open portion of ditch. Fulton County Surveyor, Don Towne, commented we originally stated the fund would pay five hundred dollars ($500.00), but since the bill was only forty dollars ($40.00) over, the fund paid the entire bill. Being no further discussion, Chairman, Roger Rose, entertained a motion to increase the maintenance rate to two dollars ($2.00) per benefited acre with a ten dollar ($10.00) minimum. Sherry Fulton made a motion to increase the maintenance rate to two dollars ($2.00) per benefited acre with a ten dollar ($10.00) minimum. Stan Musgrave seconded the motion. Motion carried three to zero. Chairman, Roger Rose, entertained a motion to close the hearing on the Jackson and Wagoner Open. Sherry Fulton made a motion to close the hearing on the Jackson and Wagoner Open. Stan Musgrave seconded the motion. Motion carried three to zero. IT IS NOW ORDERED, by the Fulton County Drainage Board that the Schedule of Assessment has been approved to increase the maintenance rate on the Jackson and Wagoner Open, Cause No. 8-1970, #561; in Aubbeenaubee Township; Fulton County, Indiana. The said Board orders that one notice be published in this cause of action promptly in the Rochester Sentinel, The Observer, news papers of general circulation throughout Fulton County, which notice shall properly identify the drainage proceedings and further state the Findings and Order of said Board has been filed and is available in the Office of the Fulton County Surveyor. IN REF: C B MASTELLAR OPEN HEARING: ORDER MADE CAUSE NO. 19-1968 # 689 NOTICE PUBLISHED Chairman, Roger Rose, called the hearing to order at 10:00 A.M. Landowners/Representatives present were Claudia Bailey and Carmen Smith. Chairman, Roger Rose, stated the purpose of the hearing is to raise the maintenance rate. There are 617.10 benefited acres in the watershed consists of 25 parcels. The landowner notices were mailed on December 10 and the legal notice was published on January 2. Chairman, Roger Rose, further stated the current maintenance rate on said drain is seventeen cents ($.17) per benefited acre with a five dollar ($5.00) minimum. The proposed maintenance rate is two dollars ($6.00) per benefited acre with a ten dollar ($10.00) minimum. Chairman, Roger Rose, stated there was one letter of objection received from Carmen Smith. Chairman, Roger Rose, asked Fulton County Surveyor, Don Towne, to give an overview of the proposed project for said drain. Fulton County Surveyor, Don Towne, stated the only work done in the past on this said drain was to take out beaver dams. Don further stated the drain is only set up in Henry Township. The maintenance starts at the township line and goes across County Road 650 east and crosses County Road 250 south. Don stated the proposal is to dredge, starting west of County Road 650 east and go to the end. Don stated there is heavy brush on the open drain. Don commented part of the open ditch goes through a wooded area, which has a lot of fall. Chairman, Roger Rose, asked if there were problems. Fulton County Surveyor, Don Towne, commented in the low ground area where landowners have tiles there are problems because the open is filled in. Chairman, Roger Rose, asked where the outlet is for this drain. Don commented Lake Manitou is the outlet, where Rochester put in the wetland. Fulton County Surveyor, Don Towne, stated the proposed maintenance rate is six dollars ($6.00) per benefited acre. Don further explained that once the work is done, the maintenance fund can be reviewed and possibly lower the maintenance rate. Fulton County Surveyor, Don Towne, commented the ditch would be brushed and dredged. Chairman, Roger Rose, asked Claudia Bailey if she had any comments. Claudia Bailey stated she has had tiles blowout and she has replaced them and hope to get the open cleaned out so the tiles do not blow out again. Chairman, Roger Rose, asked Carmen Smith if she had any comments. Carmen Smith stated she has forty (40) acres at the beginning of the open ditch and have been paying and now the proposed assessment is about ten (10) times as what it had been. Chairman, Roger Rose, commented that seventeen cents ($.17) per benefited acre you cannot do anything in terms of improving the situation. Carmen Smith stated she realizes the ditch needs to be cleaned out, and it seems like the assessment is an awful lot and she is not sure that her entire forty (40) acres benefits from this. Chairman, Roger Rose, asked if there were any other public comments. Board Member, Stan Musgrave, asked if it is customary that everyone pays the same cost per acre in the watershed, regardless of whether they are benefited directly from the new work being done. Fulton County Surveyor, Don Towne, commented that is normal, we do have a few situations where some landowners pay more or less depending on the situation. After further discussion, Stan Musgrave, asked if a landowner would alert the Board or who to have the fund reviewed and possibly lower the maintenance rate. Fulton County Surveyor, Don Towne, commented that the Surveyor or landowner could bring it to the Board. Don further commented once the work is completed and put on a spray program and see that the drain is manageable then it would cost less to maintain the drain. Don further explained to the Board that the maintenance rate can be raised one time twenty-five percent (25%) after a hearing. Drainage Board Secretary, Jean Cloud, also commented after the Board has raised the maintenance rate the twenty-five percent (25%) per Statute, then the next increase must going through the hearing process again. Claudia Bailey asked Surveyor, Don Towne, what the projected cost is for the project from County Road 250 south to County Road 650 east. Fulton County Surveyor, Don Towne, stated he does not have the figures with him. Carmen Smith and Claudia Bailey further discussed the drain with the Board. Drainage Board Secretary, Jean Cloud, stated in the minutes of August 11th the proposed project was for work being done on four thousand (4,000) feet at approximately two dollars and seventy-five cents ($2.75) per foot or approximately eleven thousand dollars ($11,000.00). After further discussion, Chairman, Roger Rose, commented the landowners will realize more benefit because there will be a good outlet. Claudia Bailey asked when bids would be taken on the project. Drainage Board Secretary, Jean Cloud, stated after the hearing today a legal notice must be published and landowners have twenty (20) days from publication to respond, so the bid letting will probably be in March. After brief discussion, Chairman, Roger Rose, commented to the Board that we need to keep in mind to evaluate these situations as we move forward, we consider cost verses benefits for the entire watershed. Board Member, Stan Musgrave, asked about the brushing of one side of the ditch. Stan asked for an explanation. Fulton County Surveyor, Don Towne, responded this is done in order to keep the cost down on the ditch, we ask the contractor to clean from one side and brush one side. Don further commented that the other side of the ditch never gets cleaned, but if the landowners ask that both sides be brushed and cleaned we will do it. Don further explained sometimes if the DNR is involved, they may only allow us to clean and brush one side. Claudia Bailey asked about the bidding on the project. Drainage Board Secretary, Jean Cloud, explained the Surveyor would invite contractors to bid on the project, it would not be advertised in the paper. There was further discussion. Chairman, Roger Rose, entertained a motion to increase the maintenance rate to six dollars ($6.00) per benefited acre with a ten dollar ($10.00) minimum. Sherry Fulton made a motion to increase the maintenance rate to six dollars ($6.00) per benefited acre with a ten dollar ($10.00) minimum on the C.B. Mastellar Open, Cause No. 19-1968, #689. The maintenance fund will be reviewed in three (3) years. Stan Musgrave seconded the motion. Motion carried three to zero. Chairman, Roger Rose, entertained a motion to close the increase maintenance rate hearing on the C.B. Mastellar Open. Sherry Fulton made a motion to close the increase maintenance rate hearing on the C.B. Mastellar Open. Stan Musgrave seconded the motion. Motion carried three to zero. IT IS NOW ORDERED, by the Fulton County Drainage Board that the Schedule of Assessment has been approved to increase the maintenance rate on the C.B. Mastellar, Cause No. 19-1968, #689; in Henry Township; Fulton County, Indiana. The said Board orders that one notice be published in this cause of action promptly in the Rochester Sentinel, The Observer, news papers of general circulation throughout Fulton County, which notice shall properly identify the drainage proceedings and further state the Findings and Order of said Board has been filed and is available in the Office of the Fulton County Surveyor. IN REF: MINUTES OF 12/08/2009 Chairman, Roger Rose, asked for any additions or corrections to the minutes of December 8, 2009. Roger commented he had the Secretary make some typographical corrections and a wording change prior to the meeting. Being no other additions or corrections, Chairman, Roger Rose, entertained a motion to accept the December 8, 2009 minutes as presented. Sherry Fulton made a motion to accept the December 8, 2009 minutes as presented. Stan Musgrave seconded the motion. Motion carried three to zero. Chairman, Roger Rose, called for a short recess at 10:40 A.M. E.S.T. Chairman, Roger Rose, called the meeting back to order at 10:45 A.M. E.S.T. IN REF: MILL CREEK ARM #2 OPEN BIDS RECEIVED: & FRY ARM WORK AWARDED CAUSE NO. 1-1994 #712 Drainage Board Secretary, Jean Cloud, stated the Surveyor’s estimate is $25,600.00 and the completion date for the project is April 15, 2009. There are six (6) bidders on the project. The Drainage Board determined that proper notice has been given to bid on this drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS LUMP SUM LDP Excavating Inc $18,730.00 Jesse Rude $24,100.00 Kirk Ingram $19,950.00 Grade A Excavating $22,650.00 Overmyer Excavating LLC $19,480.00 Thomas Excavating & Welding Inc. $33,689.00 Chairman, Roger Rose, asked if there is any reason not to award the project to the low bidder, LDP Excavating. Roger further commented we do not have a track record on the new bidder. Fulton County Surveyor, Don Towne, stated he had talked with Dick Kemper, Kosciusko County Surveyor, and he stated he did not think we would have any trouble. Don commented LDP Excavating is from Kosciusko County. Board Member, Stan Musgrave, asked, “Historically is there preference of giving the bid to a local contractor?” Fulton County Surveyor, Don Towne, stated if there is a tie, then we will give it to a local contractor, otherwise we normally award to a low bidder. Drainage Board Secretary, Jean Cloud, commented that Jesse Rude and Overmyer are the only two (2) in county contractors. Chairman, Roger Rose, entertained a motion to award the work on the Mill Creek Arm #2 Open and Fry Arm, Cause No. 1-1994, #712, to the low bidder, LDP Excavating Inc. in the amount of eighteen thousand seven hundred and thirty dollars ($18,730.00). Sherry Fulton made a motion to award the work on the Mill Creek Arm #2 Open and Fry Arm, Cause No. 1-1994, #712 in Liberty Township, to the low bidder, LDP Excavating Inc. in the amount of eighteen thousand seven hundred and thirty dollars ($18,730.00). Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: LUCENIA SMITH OPEN SYSTEM BID RECEIVED: WORK CAUSE NO. 1-2008J #797 AWARDED Drainage Board Secretary, Jean Cloud, stated the Surveyor has given the bidders two (2) options. The contractor can bid as one project with an estimate of $149,900.00, or two individual projects: Lucenia Smith Main Open with an estimate of $85,000.00; and Arms to the Lucenia Smith Open with an estimate of $80,000.00. There is one contractor bidding as one project and four (4) bidders bidding the two (2) projects. The completion date for this project is October 1, 2009. The Drainage Board determined that proper notice has been given to bid on this drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS Lucenia Smith Arms to Main Open Lucenia Smith Open Total LDP Excavating Inc. $71,900.00 $74,000.00 $145,900.00 Jesse Rude $95,000.00 $86,900.00 $181,900.00 Grade A Excavating $87,520.00 $84,490.00 $172,010.00 Overmyer Excavating LLC $72,000.00 $67,890.00 $139,890.00 Lucenia Smith Open System CONTRACTORS LUMP SUM Thomas Excavating $222,830.00 Chairman, Roger Rose, asked if there was any reason not to award the project to Overmyer Excavating LLC. Fulton County Surveyor, Don Towne, stated he would favor giving both to Overmyer Excavating LLC, so there is one guy on the job. Chairman, Roger Rose, commented the note with Overmyer’s bid was they wanted it that way. Don commented that was the mind set of the contractors bidding. Being no further discussion, Chairman, Roger Rose, entertained a motion to award the Lucenia Smith Open, Cause No. 1-2008J, #797 in Liberty Township to Overmyer Excavating LLC for their total bid and low bid of one hundred and thirty-nine thousand eight hundred and ninety dollars ($139,890.00). Sherry Fulton made a motion to award the Lucenia Smith Open, Cause No. 1-2008J, #797 in Liberty Township to Overmyer Excavating LLC for their total bid and low bid of one hundred and thirty-nine thousand eight hundred and ninety dollars ($139,890.00). Stan Musgrave seconded the motion. Motion carried three to zero. Fulton County Surveyor, Don Towne, commented that this drain is a joint drain with Miami County. Miami County waived participating in the bid letting. Drainage Board Secretary, Jean Cloud, commented she would send all information to Miami County about today’s bid letting. Fulton County Surveyor, Don Towne, asked Wayne Howell if he wanted to ask anything about the bidding today. Wayne commented he left his address and phone number in the office. Wayne commented he would be interested in bidding on projects, and he has three (3) times the equipment than the bidders on the list at today’s letting. IN REF: JUD L HUDKINS OPEN UPDATE ON WORK CAUSE NO. 5-1998 #733 Fulton County Surveyor, Don Towne, commented the drain is located on County Road 100 South and County Road 600 West by IMI gravel pits. Don further explained on behalf of the new Drainage Board members, last January and February the County lost the road and the ditch was right along the road. Don further explained that IMI is going to help fill in the ditch where it curves, the ditch was moved out away from the road so there will be a more gradual curve. Don further explained IMI had been pumping in the ditch downstream and the agreement was made was they would clean out the drain. Don further stated when he met with IMI, they indicated they did not have the correct size of bucket to do the work, but would be willing to help pay the contractor that we used. Don further stated he would have Bill Morris go ahead to do the clean out and pull the banks. Don further commented the cost to do the work would be approximately twelve thousand dollars ($12,000.00). Don further stated they would not write a check, but would repay with material, which the comment was made that they would give the County five (5) or six (6) thousand dollars ($6,000.00) of materials. Don further stated he talked with County Highway Superintendent, Dave Tofson, and hopes to get all this worked out. Don further commented that the drain is on maintenance and there is approximately twelve thousand dollars ($12,000.00) in the fund. Don further commented that the landowners expect IMI to help bring this drain back to specs. Drainage Board Secretary, Jean Cloud, commented there is over fifteen thousand dollars ($15,000.00) in the maintenance fund for said drain. IN REF: SPRAY BIDS UPDATE Fulton County Surveyor, Don Towne, commented he would be contacting spray contractors with a list of drains to be sprayed. Don further commented the bid letting will be at the March Drainage Board meeting. Don further explained the spray program to the new members of the Board. IN REF: DRAINAGE BOARD CLAIMS Drainage Board Secretary, Jean Cloud, explained the claim process to the two (2) new members of the Drainage Board. IN REF: INDIAN CREEK PROJECT UPDATE Drainage Board Secretary, Jean Cloud, commented she had sent an email to Dave Arnold, Cass County Commissioner about the Indian Creek project that is still in litigation. Dave responded saying the Joint Board Attorney sent a letter to the Judge Burns, but have not heard back from the Judge. IN REF: CHARLES TOWN TILE UPDATE CAUSE NO. 2-2008 #800 Drainage Board Secretary, Jean Cloud, stated she had contacted Jeff Healy from Banning Engineering and he has not heard from Marty Fallon at Shaw Environmental. Jean further commented that the continued hearing would be February 9 at 9:30 A.M. E.S.T. IN REF: JACKSON AND WAGONER OPEN UPDATE CAUSE NO. 8-1970 #561 Drainage Board Secretary, Jean Cloud, stated a motion needs to be made to remove the Robert Bird, Sr. benefited acres from the watershed of said drain. Jean further explained the property had been tiled to the pond north of his buildings. Being no further discussion, Sherry Fulton made a motion to correct the watershed on said drain. Stan Musgrave seconded the motion. Motion carried three to zero. Being no further business to come before the Board, Chairman, Roger Rose, entertained a motion to adjourn the Drainage Board meeting at 11:40 A.M. E.S.T. Sherry Fulton made motion to adjourn the Drainage Board meeting at 11:40 A.M. E.S.T. Stan Musgrave seconded the motion. Motion carried three to zero. MAINTENANCE: Ted White Angeline D. Hizer #666 $ 40.00 James P. Scheetz Angeline D. Hizer #666 $ 124.87 Overmyer Excavating LLC Dennis McMahn Open System #704 $ 3,400.00 Overmyer Excavating LLC Dennis McMahan Open System #704 $ 475.00 Overmyer Excavating LLC Dennis McMahan Open System #704 $12,962.50 CLAIMS: Board Members $ 183.00 Attorney $ 672.41 Clerical $1,834.10 Rochester Sentinel $ 79.15 Rochester Telephone Co.,Inc. $ 20.58 Observer $ 22.82 FULTON COUNTY DRAINAGE BOARD ____________________________________________ ____________________________________________ ___________________________________________ ATTEST:___________________________________ Jean E. Cloud, Drainage Board Secretary DRAINAGE BOARD JANUARY 12, 2009  PAGE 15 ƒ/…/44T9V90:2:u`w`Ěp×pŰpĺp!z,z.z*>*H*#âă:;<YZZ[, - . 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