ĐĎॹá>ţ˙ RTţ˙˙˙Q˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁ7 đż9bjbjUU *X7|7|ć40˙˙˙˙˙˙l```````tŘŘŘ8 Ttó"<||’’’’’’r"t"t"t"t"t"t"$/$ O&ܘ"`’’’’’˜"Ä``’’­"ÄÄÄ’n`’`’r"Ä’r"ÄŽÄr"``r"’p mR…ÚĐĘtdŘr"r"Ă"0ó"r"+'˛+'r"Ätt````ŮThe Fulton County Drainage Board meeting was held on Monday, February 8, 2010 at 9:00 A.M. E.S.T. in the Commissioners/Council Room. The following were present: Chairman, Roger Rose; Vice Chairperson, Sherry Fulton, Board Member, Stan Musgrave; Fulton County Surveyor, Don Towne; Assistant Surveyor, Tom Chudzynski; Drainage Board Secretary, Jean Cloud; Drainage Board Attorney, Greg Heller; Mike Smith; Joyce Hanna; Bruce Beehler; Rex Urbin; Brian Evers; and Art Gudas. Chairman, Roger Rose, called the meeting to order at 9:05 A.M. E.S.T. Chairman, Roger Rose, asked for any additions or corrections to the January 11, 2010 minutes. Roger stated corrections had been previously submitted to the Secretary. Being no further additions or corrections, Sherry Fulton made a motion to approve the previously corrected minutes of January 11. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: JOSEPH LEASURE MAIN TILE BIDS RECEIVED: CAUSE NO. 5-1983 #577 WORK AWARDED Surveyor's Estimate: $125,500.00 Completion Date: October 1, 2010 Following bids were received: Ingram Excavating (James) $ 93,736.91 Von Excavating $112,351.90 LDP Excavating $121,233.00 Widner & Sons $101,329.26 Drainage Board Attorney, Greg Heller, stated the bids submitted from Ingram Excavating and Widner and Sons do not have Financial Statements, which is a requirement on Form 96. Greg stated they are invalid bids. After brief discussion on Von Excavating being third lowest bidder, Drainage Board Attorney, Greg Heller, advised the Board to take the bids under advisement. Chairman, Roger Rose, entertained a motion to take the bids under advisement. Sherry Fulton made a motion to take the bids under advisement pending further investigation by the Drainage Board Attorney. Stan Musgrave seconded the motion. Sherry asked that the Surveyor find out more information on Von Excavating. Motion carried three to zero. IN REF: STEINKE WILSON BIDS RECEIVED: (JAMES WILSON & PART OF MAIN) WORK AWARDED CAUSE NO. 3-1985 Surveyor's Estimate: $26,350.00 Completion Date: April 25, 2010 Following bids were received: Widner & Sons $19,643.00 Ingram Excavating (Kirk) $12,500.00 Overmyer Excavating $19,180.00 Gudas Excavating $12,240.00 Jesse Rude $16,150.00 Ramer's Excavating $16,200.00 O-Henry Excavating $16,660.00 Von Excavating $23,939.84 Kolesiak $20,326.00 LDP Excavating $18,190.00 Chairman, Roger Rose, entertained a motion to award the work on the Steinke Wilson (James Wilson and part of the Main) to low bidder, Gudas Excavating for his bid of $12,240.00. Sherry Fulton made a motion to award the work to Gudas Excavating. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: JOSEPH LEASURE MAIN TILE SET DATE FOR AWARDING CAUSE NO. 5-1983 #577 PROJECT The Drainage Board discussed awarding the project on Tuesday, February 16 at 5:45 P.M. E.S.T. Drainage Board Secretary, Jean Cloud, stated she would advertise the special meeting. IN REF: LITTLE YELLOW CREEK REQUEST FOR CLEANOUT CAUSE NO. 1-2000J #768 AUSTIN BLUE CAUSE NO. 1-1999J #776 Surveyor, Don Towne, stated Jesse Rude is doing work on said drain. A landowner requested clean out on the Austin Blue, which would be 5100 feet to the road, and Jesse can do the work for $5,000.00. The Boyer's have asked that clean out be done north of the road, which is approximately 2,100 feet. The Surveyor does not have authorization for work over $5,000.00. After brief discussion, Chairman, Roger Rose, entertained a motion to allow contractor, Jesse Rude, to do the additional 2,100 feet on the Austin Blue as described by the Surveyor. Sherry Fulton made a motion to allow the contractor to do the additional 2,100 feet. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: STEPHEN BRUCE OPEN & TILE UPDATE ON INSTALLING CAUSE NO. 6-1967 # 519 TILE ON RON SHRADER Surveyor, Don Towne, stated the work has been done for Ron Shrader and the Board agreed to pay $2,000.00 towards the work. DeSabatine done the work on Friday, which was installing approximately 1320 feet of 12” tile. The $2,000.00 will come out of the maintenance fund for said drain, and the Surveyor will draw on the map the location of the tile installed on Ron Shrader’s property. IN REF: SMITH AND HEIGHWAY TILE COUNTY DRAIN OF RECORD Surveyor, Don Towne, stated the drain is not on maintenance, but drains into the Chippewanuck Creek. The contractor, Larry Phillips, is currenting working on the Chippewanuck Creek and the tile is broke down and has been this way for years. Tom Weaver had picked up a petition to acquire signatures to set this tile up on maintenance, but has never been brought back to the office. The Surveyor explained that Tom Weaver has had some blockage on his property, and there is a landowner that has a tree west of his drive, which roots and seaweed are plugging up the tile and the water is running across his yard into Chippewanuck Creek. The Surveyor explained there is a trench over to the ditch, which would be approximately 60 feet, and there needs to be an outlet put in and take the tree out and fix the plugged tile. The outlet would be 160 feet of 12” tile, which the existing tile is 10”. The cost would be approximately $1800 to $1900. State Statute only allows $1500 to be spent out of the GDI fund one time, so the contractor stated he would absorbed the additional cost. After brief discussion, Chairman, Roger Rose, entertained a motion to allow the work to be done on said drain and pay $1500.00 out of the GDI fund as allowed by Statute. Sherry Fulton made a motion to allow the work to be done on said drain and pay $1500.00 out of the GDI fund as allowed by Statute. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: SS COLLINS UPDATE The Surveyor stated this a ditch that drains into Mud Creek. Dave Smith carried a petition and has brought it back in asking that the drain be set up on maintenance. IN REF: WAGONER SCHULER TILE CAUSE NO. 11-1966 #506 L N BAIR OPEN CAUSE NO. 1-1970 #507 A H GOOD TILE The Surveyor stated this project may come back at some point, because FEDCO is talking about developing the area both residential and commercial. There was further discussion on this issue. The Board took a recess at 9:50 A.M. E.S.T. The Board reconvened at 10:05 A.M. E.S.T. IN REF: CHRISTINA KEHRER-SEIFERT TILE HEARING PUBLISHED: CAUSE NO. 4-2009 #804 ORDER MADE Landowners/Representatives present: Rex Urbin, Brian Evers and Art Gudas. Chairman, Roger Rose, opened the hearing at 10:05 A.M. E.S.T. Chairman, Roger Rose, read the following hearing information: Purpose of Hearing: Reconstruction and establish a maintenance rate on said tile. Signed Petition received October 2, 2009 Landowners letters mailed on January 4, 2010 Legal Publication was January 29, 2010 Watershed: 178.26 Benefited Acres – 13 Parcels and 12 landowners Proposed Reconstruction Rate: $350.00 per benefited acre with $350.00 Minimum Proposed Maintenance Rate: $3.00 per benefited acre with $10.00 Minimum Letters of Objection and Concern: Art Gudas; Rex and Glenda Urbin; David and Lisa Field; Brian and Kandace Evers Surveyor's Overview of Project: The existing tile dumps into Willow Creek, and shots have been taken on the existing county ditch of record, which goes to the County Road. The majority of the landowners want to stop the reconstruction and maintenance at the fence line instead of the County Road. The Field's came in and they have private tiles, so the watershed will need to be adjusted. Chairman, Roger Rose, opened the floor for landowner comments. There was discussion on increasing the tile size from 12 to 15 inch. One landowner made the comment there are several private tiles in the area that drain into the open and he is on the low end and will not receive any benefit from the reconstruction. The comment was made that there are no breakdowns on the lower end of the tile. The Surveyor commented the proposal is to move the tile 300 feet to the east where it will dump into the open. After much further discussion, the Surveyor commented if the tile size is changed to a 15” and stop at the fence line, the proposed cost would be approximately $155.00 per benefited acre. The Surveyor commented the watershed would need to be adjusted according to where the tile would be stopped on the reconstruction. Brian Evers commented he originally was in favor of the project, but is now objecting after seeing the plan, because the money spent and the benefit is not even close. Art Gudas commented he did not want the entire tile replaced, only to the fence line, because there are no problems on the upper end of the tile. Rex Urbin commented his objection was moving the tile to the east, because there would not be sufficient cover over the tile in the muck area, and did not want to see constant maintenance on it in the future. There was discussion about stoning the tile and putting a sock on the tile and stone. It was discussed that the the tile would be lowered about 6 inches, and moved to the east approximately 300 feet. The landowners commented they would prefer the new tile follow the existing route. After hearing the landowner’s comments, it was decided to install the new tile following the existing route, which would be approximately 1300 feet of 15 inch tile to the outlet and go a little beyond the fence line. There was also discussion about adjusting the watershed after hearing the comments from the landowners present. Being no further discussion, Chairman, Roger Rose, entertained a motion to approve the revised plan of installing a new 15 inch tile following the existing route and extend a little beyond the fence line, which would be approximately 1300 feet more or less at the outlet, finding that the costs, damages and expenses of the reconstruction will be less than benefits accruing to the owners of land likely to be benefited. There will be two risers installed and the entire tile will be stoned and the Surveyor will adjust the watershed acres as discussed. The revised reconstruction rate would be $155.00 per benefited acre with a $155.00 minimum, and the maintenance rate would remain at $3.00 per benefited acre with a $10.00 minimum. Stan Musgrave made a motion approving the amended plan as discussed finding finding that the costs, damages and expenses of the reconstruction will be less than benefits accruing to the owners of land likely to be benefited, with a proposed rate of $155.00 per benefited acre with a $155.00 minimum. The maintenance rate will be $3.00 per benefited acre with a $10.00 minimum. Sherry Fulton seconded the motion. There was discussion of taking bids on the project at the March meeting and have the work completed before May 1. Motion carried three to zero. Being no further discussion, Chairman, Roger Rose, entertained a motion to close the hearing at 11:05 A.M. E.S.T. Stan Musgrave made the motion to close the hearing. Sherry Fulton seconded the motion. Motion carried three to zero. Recess at 11:05 A.M. E.S.T. Reconvene at 11:10 A.M. E.S.T. IN REF: THOMAS E BOLLEY JOINT BOARD MEMBER JOINT WITH MIAMI COUNTY APPOINTMENT Jeff Harvey, Miami County Surveyor, wants to have a Joint Board meeting in March on said drain. Sherry Fulton made a motion to appointment Roger Rose to the Joint Board. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: CHIPPEWANUCK CREEK CERTIFY TO AUDITOR CAUSE NO. 2-2009J #799 FULTON COUNTY AND KOSCIUSKO COUNTY The undersigned of the Fulton County Drainage Board do hereby certify the assessment for maintenance of the above captioned drain, in accordance with the Drainage Act of 1965, and as amended, to be placed on the Ditch Duplicate and to collected by the County Treasurer. Such assessment to be first collected during the year 2010, and thereafter as required by law. Being no further business to come before the Board, Chairman, Roger Rose, entertained a motion to adjourn at 11:20 A.M. E.S.T. Sherry Fulton made a motion to adjourn. Stan Musgrave seconded the motion. Motion carried three to zero. RECONSTRUCTION: Banning Engineering Joseph Leasure Main Tile #577 $ 175.00 MAINTENANCE: LDP Excavating Inc. Jacob Grass Tile Arm #2 #548 $ 1,498.54 Jesse Rude DBA G & R Excav. Cessna Open #652 $ 1,467.00 Jesse Rude DBA G & R Excav. Cessna Open #652 $12,115.05 Gudas Excavating Reed Olmstead #679 $ 1,850.00 Gudas Excavating Willow Creek #714 $ 9,750.00 Heise Excavating Inc. Eddy Creek #756 $10,000.00 Gudas Excavating Russell Poenix Tile #758 $ 2,569.20 LDP Excavating Inc Chippewanuck Creek #799 $ 2,535.28 LDP Excavating Inc Chippewanuck Creek #799 $37,500.00 FULTON COUNTY DRAINAGE BOARD __________________________________________ __________________________________________ __________________________________________ __________________________________________ Surveyor ATTEST:__________________________________ Jean E. 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