ĐĎॹá>ţ˙ ސţ˙˙˙Œ˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁ7 đż˙ŽbjbjUU *ş7|7|Ί0˙˙˙˙˙˙l,,,,,,,@&,&,&,8^, j,”@˝7ś - - - - - - - -<7>7>7>7>7>7>7$s8 “:Ćb7, - - - - -b7^1,, - -w7^1^1^1 -F, -, -<7^1 -<7^1Ţ^1<7,,<7 -ţ, P÷E‰ÎkË@ć*&,f-v<7<770˝7<7Y;Ü-‚Y;<7^1@@,,,,ŮThe Fulton County Drainage Board met on Monday, September 13, 2010 at 9:00 A.M. D.S.T. in the Commissioners/Council Room of the Fulton County Office Building. The following members were present: Chairman, Roger Rose; Vice-Chairperson, Sherry Fulton, Member, Stanley Musgrave. Others in attendance were Fulton County Surveyor, Don Towne; Assistant Surveyor, Tom Chudzynski; Secretary, Jean Cloud; Earl Gaerte; Pam Eikenberry; Debbie Barts; Don Showley; Helen Notz; Paul Holloway; Charles Williams; Donna Williams; Wallace Dove; Bruce A. Beehler; Terry Weiss; Hank Riffle; Bob & Nancy Wilburn; Shirley Needham; Jeff and Wendy Zent; Lorie Hurst; Scott L Starr; William Todd Hudkins; and Terri Johnson. Drainage Board Attorney, Greg Heller was also in attendance. Chairman, Roger Rose, called the meeting to order at 9:40 A.M. D.S.T. Chairman, Roger Rose, asked for any additions or corrections to the August 9, 2010 Drainage Board minutes. Sherry Fulton commented she had given some minor corrections to Secretary prior to the meeting. Sherry Fulton made a motion to approve the minutes of August 9 as corrected. Stanley Musgrave abstained from voting. Roger Rose seconded the motion. Motion carried two to zero. IN REF: AW & AH GOOD TILE CONTINUED CAUSE NO. 3-2010 # 787 RECONSTRUCTION AND ESTABLISH A MAINTENANCE RATE HEARING Chairman, Roger Rose, opened the continued hearing on said drain. Chairman, Roger Rose, commented based upon comments and input from the previous hearing, the Surveyor has made modifications to the plans. Surveyor commented the project will stop at the west side of the ball diamond parking lot. With the modification the watershed will be reduced. The Williams property will now have approximately four (4) acres in the watershed; eliminate the Wilburn properties, Hardesty property, Barts property; the Missionary Church would have approximately three (3) acres, and the Ball Diamond and Park acres would be reduced from seventeen (17) acres to fourteen (14) acres. Revised reconstruction rates as follows: Park Area proposed rate would be $500.00 per benefited acre Victory Gardens, West Side of Petty Drive, would be $800.00 a lot Victory Gardens, East Side of Petty Drive, would be $1,500.00 a lot All other rates would remain the same as presented at the first meeting. With the modification in the watershed, the FEDCO money remaining would be approximately $5800.00. The cost of the total project after modification of the watershed now is approximately $280,000. In the original proposal FEDCO was paying half of the cost, which would be approximately $140,000.00. The proposal is to use $120,650 for the tile, $10,000 for the open, $3,500 for the railroad, which leaves $5,850, which will also be used for the project. Chairman, Roger Rose, opened the floor for public comments: Charles Williams thanked the Board for the reduction in rates. Mr. Williams further commented he has never had a water problem on his property. After further comments, Mr. Williams also commented he does not have 4.65 acres in the watershed. After brief discussion, Chairman, Roger Rose, commented the Surveyor will review the watershed and confirm the benefited acres. Jeff Zent questioned the $3500.00 being applied to the railroad crossing. Don explained that is the amount FEDCO will be putting towards the project. The Surveyor commented the total cost to replace the pipes at the railroad is approximately $33,000.00, and $16,500 is the amount on the LN Bair project. Jeff Zent would like to go on record again, stating he does not feel the benefits outweigh the cost of the project. Jeff commented the culvert under the railroad has provided an outlet for whenever the railroad was put in, over 150 years ago. Jeff commented if the culverts under the railroad were broke down, but just to lower the culverts is there something in the Statute about the limitations of lowering the culverts, he understands about paying half the cost. Chairman, Roger Rose, commented the railroad crossing due to the height of the culvert constitutes it as a dam for the entire system. The Surveyor commented the portion of the drain has been constantly dug out because the open is flat from the railroad up to the Wagoner Schuler Tile. There was further discussion on this issue. Shirley Needham commented she is on the Bair ditch. Shirley stated her question goes back to the charter of the Drainage Board. Generally drainage is used for crop production, pasture, forests and similar purposes and everything that is being discussed in these hearings are for FEDCO. After further comments, Shirley stated she has not heard any farmers complaining, and why should the people be penalized for factory or manufacturing. Chairman, Roger Rose, commented this project has been discussed in the past, and there are needs and deterioration within the farm drainage system. Shirley asked if there was a farmer complaining about the land being wet at the upper end. Chairman, Roger Rose, asked the Surveyor, and the response was “No”. Shirley responded she understands drainage, but this one keeps going back to FEDCO and needs to be convinced that this is going benefit farmers along the drain. Chairman, Roger Rose, commented the projects were initiated by FEDCO, with the contribution of $150,000.00. After further discussion on this issue, Chairman, Roger Rose, commented the culvert at the railroad crossing is approximately four (4) feet too high and that is a real impediment on the drainage, and have known for several years that is a problem. Shirley commented she would like to see something a little more concrete coming from FEDCO. After further comments, Chairman, Roger Rose, commented in the past FEDCO had opposed the projects. Jeff Zent commented the Good Tile did not drain into the Bair ditch on the east side of the railroad tract; it emptied into the Bair on south of the railroad tracks. Jeff Zent commented he does not understand the four (4) foot too high problem, when at the last meeting the Surveyor commented there would be approximately seven (7) foot of cover over the tile by the time it gets to State Road 25. Fulton County Surveyor, Don Towne, commented the culvert needs to be lowered at the railroad in order to get the tile down in order to the drain the wetland area on the north side of Victory Gardens. Don further commented whenever the Wagoner Schuler Tile has to be reconstructed the pipe will need to lowered. Scott Starr commented he had talked with Greg Heller and there is a present need to improve the drain, and there is a question of how much money is needed to do that. Scott further commented the Statute, as adopted by legislature, the authority of the Board when making improvements to the existing drains, the Board is limited to what can be considered and the only consideration is to the benefit of the present landowners at the time the proposal is made. Scott commented the reconstruction proposal was made on June 22, 2010 and FEDCO is not in the watershed and should not be considered because they are not a landowner. After further comments, Chairman, Roger Rose, commented the issue with FEDCO is they are putting money towards the project, which will make it a greater benefit and less cost to the existing landowners. Scott Starr further commented if an engineering study had been done with figures showing how the contribution from FEDCO will benefit the present landowners in the project, then there would be evidence of how FEDCO’s contribution is actually benefiting the present landowners. Mr. Starr also made the comment the one landowner commented she would like to see something more substantial and more concrete, and technically speaking the primary benefit for the project is a future anticipated benefit to a non landowner. Scott also commented if FEDCO was a landowner, it would be a totally different story. Scott does not feel the Board can do what they are doing with FEDCO being a non-landowner, and he recognizes his clients are no longer in the fight. Being no further comments from the public, Chairman, Roger Rose, closed public comment. Chairman, Roger Rose, opened the discussion among the Board members. Stan Musgrave asked for any comments from the Drainage Board Attorney, Greg Heller. Greg commented Section 112 relates to the various factors that the Board should consider as benefits, not only to land use, but general information on factors the Board needs to consider in benefiting the reconstruction of an existing drain. Greg further discussed the issue of the future demand on the system with the future development. Mr. Williams asked if the Board was going to make a decision today. Chairman, Roger Rose, commented it is their desire to make a decision today. Shirley Needham commented talking about the future, we need to be prepared for the future and it will be more expensive, but northern Indiana is getting hotter and dryer and that is going to continue. Shirley further comments the farmers will have to adapt to crops for this trend, and there will be less water. Shirley commented her personal feeling is, “why are we putting this horrendous penalty on people who are not going to benefit?” Shirley commented she has not seen anything that justifies the amount of money that is going to be put into this project. The Board further discussed the reconstruction project among themselves. Chairman, Roger Rose, commented the project has serious problems, and we know if we delay, the cost of the project will escalate. Roger also commented the Board must keep in mind that we have been offered a large contribution from FEDCO in order to facilitate the project. Roger commented he feels this makes it better for the landowners. Chairman, Roger Rose, commented the Board are all landowners, and we try to put ourselves into shoes of the people that are being affected by the project. Roger further commented there is a real value of moving forward with this project. The Board took into consideration the comments that were made at the last meeting, and the Surveyor has made all those corrections. Roger commented there has been some agreement that the changes are beneficial. There was discussion on the cost of the project, and without FEDCO’s contribution the landowner’s cost would double. Paul Holloway commented if FEDCO does not own land in the watershed, then why are they contributing. Chairman, Roger Rose, commented FEDCO is contributing money to accommodate future needs. Bob Wilburn asked the Board how many years will it be before the fifteen (15) inch tile is hooked on to and extended. After brief discussion, Bob stated there is no intention on extending the tile under State Road 25 and picking up additional acres. The Surveyor responded he has no plans at this time for extending the tile at this time. There was further discussion on this issue. Jeff Zent asked for the amended acres in the watershed. Surveyor, Don Towne responded, “196.72, which includes the lots at Victory Garden”. Jeff Zent asked out of the 196.72 acres, how many acres will actually be benefited? Surveyor, Don Towne, commented north of the road Dr. Hoff has a big wet area, and along the east side of the subdivision that area needs drained and the wetlands at the south end needs drainage. Don further explained that any future development will need to put in detention/retention areas that will drain into the tile. Jeff commented if the ground is classified as wetland, then it is pointless to put in the new tile. Don commented some of it is wetland and will stay as wetland, we will just be controlling it. There was discussion about the land owned by the Northern Community Foundation. Sherry Fulton commented we know the tile is bad and there is no outlet and the prices are not going to get any cheaper and with the contribution from FEDCO feels the Board needs to move forward on this project. Stan Musgrave stated the most persuasive comment he heard today was when this project was visited a few years ago and FEDCO was not in favor of the project, and the cost per benefited acre was more than what the proposal is now, so with that Stan commented he feels this is an opportunity for the project to move forward. Chairman, Roger Rose, entertained a motion to move forward with the project. Sherry Fulton made a motion to move forward with the reconstruction project, 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. The following are the proposed rates: Brent Blacketor Memorial Sports Complex - $ 500.00 per Benefited Acre Commercial - $ 700.00 per Benefited Acre Light Commercial - $ 500.00 per Benefited Acre Farm + (Commercial Potential) - $ 500.00 per Benefited Acre Farm - $ 350.00 per Benefited Acre Residential – East side of Petty Drive - $1,500.00 per Lot Residential – West side of Petty Drive - $ 800.00 per Lot The following landowners will be removed from the watershed: 010-102195-00 David Barts LLC 010-102209-20 Randall D. Hardesty 009-102062-00 Robert E & Nancy M Wilburn 009-102062-01 Robert E & Nancy M Wilburn Indiana State Highway The following landowners will have reduced benefited acres and the Surveyor commented he would provide those figures to the Drainage Board Secretary: 010-102097-00 Brent Blacketor Memorial Sports Complex 010-103104-00 Missionary Church North 009-102052-00 Charles E Williams Living Trust Stan Musgrave seconded the motion. Todd Hudkins asked about his assessment. Surveyor commented each lot will be $250.00 less. Motion carried three to zero. Chairman, Roger Rose, entertained a motion to establish the maintenance rate on said drain at the proposed rates. Drainage Board Secretary, Jean Cloud, read the proposed maintenance rates: Commerical - $6.00 per benefited acre with $10.00 minimum Light Commercial - $3.00 per benefited acre with $10.00 minimum Farm + (Commercial Potential) - $3.00 per benefited acre with $10.00 minimum Residential East of Petty Drive - $10.00 per lot Residential West of Petty Drive - $10.00 per lot Sherry Fulton made a motion to establish the maintenance rate on said drain at the following proposed rates: Commerical - $6.00 per benefited acre with $10.00 minimum Light Commercial - $3.00 per benefited acre with $10.00 minimum Farm + (Commercial Potential) - $3.00 per benefited acre with $10.00 minimum Residential East of Petty Drive - $10.00 per lot with $10.00 minimum Residential West of Petty Drive - $10.00 per lot with $10.00 minimum Stan Musgrave seconded the motion. Motion carried three to zero. Being no further discussion, Chairman, Roger Rose, entertained a motion to close the hearing on the AW & AH Good Tile Reconstruction and Establish a Maintenance Rate hearing. Sherry Fulton made a motion to close the hearing on the AW & AH Good Tile Reconstruction and Establish a Maintenance Rate hearing. Stan Musgrave seconded the motion. Motion carried. IN REF: L N BAIR OPEN CONTINUED CAUSE NO. 1-1970 #507 RECONSTRUCTION AND INCREASE MAINTENANCE RATE HEARING Chairman, Roger Rose, opened the continued hearing on said drain at 10:30 A.M. D.S.T. Fulton County Surveyor, Don Towne, commented there is no change from the last hearing. Drainage Board Secretary, Jean Cloud read the proposed rates: Reconstruction Rate - $25.00 per benefited acre with $25.00 minimum Increase Maintenance Rate to - $ 3.00 per benefited acre with $10.00 minimum Present Maintenance Rate $ .90 per benefited acre with $5.00 minimum Chairman, Roger Rose, entertained a motion to establish said proposed rates on said drain. Sherry Fulton made a motion to approve the Reconstruction Rate of $25.00 per benefited acre with a $25.00 minimum on said drain, finding that the costs, damages and expenses of the Reconstruction will be less than benefits accruing to the owners of the land likely to be benefited, and also increase the maintenance rate from the present $.90 per benefited acre with a $5.00 minimum to $3.00 per benefited acre with a $10.00 minimum. Chairman, Roger Rose, asked for public comments. Bob Wilburn asked why the maintenance rate must be so high. Bob further asked questions about the Maintenance and General Drain improvement Fund. Chairman, Roger Rose, commented the General Drain Improvement Fund does not have $2.5 million; it has approximately $687,000.00. Chairman, Roger Rose, further explained how the funds are used. After further discussion on this issue, Bob Wilburn commented he does not understand why the maintenance rate must be set so high, especially after the ditch is reconstructed. Chairman, Roger Rose, commented the maintenance rate is based upon the recommendation of the Surveyor from his experience on what it will take to maintain the drain in the future. After brief discussion, Bob Wilburn commented the railroad cost is also included. Fulton County Surveyor, Don Towne, commented the cost for the railroad will be approximately $30,000 and FEDCO is contributing $10,000. Bob Wilburn asked if FEDCO will be assessed a maintenance fee. Chairman, Roger Rose, commented the assessment goes to the landowner and FEDCO is not a landowner at this time. The Surveyor explained when a maintenance rate is established on a drain, after three (3) years the Board can review the fund and lower the rate. There was further discussion. Shirley Needham asked for an explanation on why the Bair ditch must be reconstructed, or is it connected directly with the Good Tile. Chairman, Roger Rose, commented the Bair Open is the outlet for the Good Tile. Fulton County Surveyor, Don Towne, commented both ditches need to be done, and the problem is the railroad culvert being too high, and it has been this way over the years. Shirley Needham stated she is speaking for the Eikenberry’s, Needham, Kern Family Farms and the Norris Family farms, which is a lot of the Bair Ditch. Shirley commented they are not going to see any benefit from the project. Shirley commented according to the charter of the Drainage Board, the project is being done for the wrong purpose. After brief discussion, Chairman, Roger Rose, commented the Board’s job is to manage the benefits for the watershed, and they will agree to disagree, because there will be benefits derived from this project. After further discussion, Bob Wilburn asked the Secretary about the current maintenance rate on the said drain. Drainage Board Secretary, Jean Cloud, stated the drain was set up in 1970 and the rate was seventy-five cents ($.75) per benefited acre and in 1999 it was raised to ninety cents ($.90), and there is currently $6,506.55 in the fund at present. Stan Musgrave made a motion to amend the maintenance rate to $2.00 per benefited acre. Sherry Fulton asked the Surveyor if this would take care of the ditch. The Surveyor responded it would be close. Bob Wilburn commented in the Statute it states that open ditches and ditch banks needs to be seeded with grass. Bob Wilburn commented he knows in the past the Board was not in favor of this, but feels this should be done to stabilize the banks. After further discussion, Sherry Fulton seconded the motion. Motion carried two to one (Rose). Chairman, Roger Rose, repeated the motion on the floor before the amendment was made to the maintenance rate. Motion carried three to zero. Being no further discussion, Chairman, Roger Rose, entertained a motion to close the Reconstruction and Increase Maintenance Rate hearing on the L N Bair Open. Sherry Fulton made a motion to close the hearing. Stan Musgrave seconded the motion. Motion carried three to zero. Chairman, Roger Rose, called for a recess at 10:55 A.M. D.S.T. Drainage Board Attorney, Greg Heller, excused himself from the meeting at 10:55 A.M. D.S.T. Chairman, Roger Rose, called the meeting back to order at 11:05 A.M. D.S.T. IN REF: JOSEPH LEASURE TILE DISCUSSION CAUSE NO. 5-1983 #577 ON RECONSTRUCTION Fulton County Surveyor, Don Towne, commented the reconstruction on said drain started at the open ditch with a twenty-four (24) inch and the original proposal was to run the twenty-four (24) inch up to the existing twenty (20) inch concrete tile. When the contractor got to that point the concrete tile did not lie the way the drawing showed. Don contacted Mike Smith and Bruce Beehler about the situation, and ended up following the concrete tile with the twenty-four (24) inch tile and on into Beehler’s property line on grade for approximately fifty (50) feet and then brought it up and hooked on. Don further explained where it was originally planned to hook on to the twenty (20) inch tile, a fifteen (15) inch lateral was going to be run into Beehler’s property. Don stated a “T” was put in at the high end of the grade with a twenty-four (24) inch lateral, instead of the fifteen (15) inch lateral. There is about one hundred and fifty (150) feet of the twenty-four (24) inch with a twenty-four (24) inch “T” at the end for a riser. Don commented that is what is being questioned. Don stated he told them the “T” needed to be taken out, plus two (2) links and replaced with fifteen (15) inch tile to be in compliance. Bruce is here today because he wants to leave the twenty-four (24) inch tile in place. There was discussion with the twenty-four (24) inch being left; the capability of surcharging the pipe. Fulton County Surveyor, Don Towne, commented he had contacted Jeff Healy and he agrees with this. Bruce Beehler commented it is not just his water, it is everyone’s surface water. Bruce Beehler commented if he is paying $15,000 more than anyone else on benefited acres, then why would he want to reduce the size of the pipe to a fifteen (15) inch. After further discussion on this issue, Chairman, Roger Rose, asked if the fifteen (15) inch tile from the concrete tile into Beehler’s property was going to be included in the maintenance as discussed in the original plans. Don Towne stated after the project was completed it was to be included in the maintenance of said drain. Don further commented that Bruce Beehler was going to pay for the fifteen (15) inch tile and then it would be included in the maintenance. Terry Weiss asked how many acres of Bruce Beehler’s property are coming into the watershed. Don Towne replied approximately fifty-five (55) acres, which is surface water and the main tile. Everyone is paying maintenance on the tile, but it was in the agreement that he would pay the $7500.00 in order to do the project, because there was so much opposition from the other landowners. Bruce Beehler commented the Board approved it without asking me, but that is OK because if I had objected the project would have died. Bruce Beehler commented when the field change was made, bringing the twenty-four (24) inch on to his property; he felt everything previously approved at the hearing was null and void. Don Towne commented the fifteen (15) inch was going to be Bruce Beehler’s expense, no matter where he hooked on, that was the agreement, and that is the way he was is going to drain his muck area. Sherry Fulton commented in order to get better drainage the laterals are always smaller than the main. Bruce Beehler commented he will still have the retention pond and if he reduces the twenty-four (24) inch down to a fifteen (15) inch. Bruce commented he will be the last person on the system to drain. After further discussion, Bruce Beehler asked if the Board will make the decision if he has to take the twenty-four (24) inch tile out and put in a fifteen (15) inch tile. Chairman, Roger Rose, responded “yes”. Sherry Fulton commented the Engineer commented in his letter that an orifice could be put in. Fulton County Surveyor commented the engineer stated the landowner has three (3) choices. A twelve (12) inch orifice could be put in. Chairman, Roger Rose, commented the question is whatever the Board is comfortable with in the overall design. Terry Weiss asked Bruce Beehler the size of the standpipe. Bruce Beehler replied, “Twenty-four (24) inch. After further discussion, the Surveyor commented there is a twenty-four (24) inch on the property line, but surface water cannot get into it; it is for Bruce to hook laterals into instead of the twenty-four (24) inch main. The Surveyor commented at the very end of the pipe is a twenty-four (24) inch “T”. After further discussion, the Surveyor commented the Engineer gave a third option for the landowner to put in an eighteen (18) inch tile. After much further discussion, Chairman, Roger Rose, commented nothing has been nullified, the original agreement was the landowner would be draining the low spot on the property with a fifteen (15) inch lateral, and that did not change just because the twenty-four (24) tile main was extended into the landowner’s property. Bruce Beehler commented he now will be paying fifteen thousand dollars ($15,000.00), and the original agreement was he would be paying seventy-five hundred dollars ($7500.00). After further discussion, Bruce Beehler ask if the Drainage Board is willing to pay for damages if his crop floods out from all the water in the retention pond. Chairman, Roger Rose, commented the Board is trying to improve the situation. After further discussion, Bruce commented he sees the Board is going to make him change, but is there any way the Board would consider leaving it as is, because it is a perfect job, the tile is laid in stone and on grade. Bruce asked if he could reduce the inlet down to a fifteen (15) inch and cap it. The Board reviewed the Engineer’s three (3) options to correct the problem. There was discussion about reducing the riser and also if additional laterals were going to be tied into the riser. Bruce commented he has several thousand feet of laterals in his muck that will need to be hooked into the tile. Terry Weiss suggested that an eighteen (18) inch tile be put into the “T” and reduce the riser, then the landowner can hook his laterals into the eighteen (18) inch. Chairman, Roger Rose, commented he agrees with that instead of tearing out the existing. There was discussion about the County adopting the twenty-four (24) inch extension as a main. Chairman, Roger Rose, commented the twenty (20) inch is already dedicated as the designated main. After further discussion, Chairman, Roger Rose, commented the question is how do we correct the water flow situation to make it acceptable and how do we handle the situation that it was not put in according to our expectations, two different issues. The Surveyor commented that the Contractor was aware of the issue. After brief discussion, Terry Weiss commented he feels the problem can be accomplished by allowing the landowner to reduce the size of the standpipe. After much further discussion, Chairman, Roger Rose, suggested that the twenty-four (24) inch riser come out and reduce it down to a fifteen (15) or eighteen (18) inch and then put in two (2) small sticks, which would eliminates the removing of the twenty-four (24) inch tile. The final proposal to the landowner is to remove the twenty-four (24) inch existing riser, take to an eighteen (18) inch reducer and extend at two (2) sticks of eighteen (18) inch pipe, each thirteen (13) feet, minimum of twenty-six (26) feet and then an eighteen (18) inch riser. The comment was made that all laterals must come through the eighteen (18) inch, no laterals to tie into the twenty-four (24) inch. Sherry Fulton made the proposal into a motion. Stan Musgrave seconded the motion. Motion carried three to zero. Bruce Beehler asked if there is a time limit to have the work done. Bruce has a contractor to do the work, but does not know when he will be able to do the work. Don Towne stated he told Kirk Ingram to stay there until the work is completed. Bruce commented he does not want Kirk to do the work. Once all the work is completed, the arm will be included in the maintenance. IN REF: RAMCO SUPPLY 4572 N OLD US 31 DRAINAGE PLANS Fulton County Surveyor, Don Towne, stated Marvin Ramer has submitted Drainage Plans for a new building at the northwest corner of County Road 450 North, just east of the old County Landfill. The engineer that drew up the drainage plans for the area is considering the area all percing, and the impervious area will be tiled to a detention area and it will also perc. There is an emergency overflow, which is a thirty-six (36) inch pipe at the road. Being no further discussion, Sherry Fulton made a motion to approve the Drainage Plans for RAMCO Supply. Stan Margrave seconded the motion. Motion carried three to zero. IN REF: MILL CREEK AT OLSON ROAD REQUEST TO REMOVE BEAVER DAMS Landowners contacted the Surveyor stating there is a large beaver dam back by the old rendering plant. The drain is not on maintenance. The Statue (IC 36-9-27-44 (c) allows $1500.00 from the General Drain Improvement Fund to be used for these types of situations. The city’s water drains into Mill Creek and there is also an issue of Olson Road flooding at times. Being no further discussion, Sherry Fulton made a motion to remove the beaver dam on Mill Creek using the $1500.00 from the General Drain Improvement Fund per Statute (IC 36-9-27-44 (c). Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: 2010 DITCH INDEX ADOPTED Fulton County Surveyor, Don Towne, presented the Ditch Index for 2010. Sherry Fulton made a motion to adopt the 2010 Ditch Index as presented. Stan Musgrave seconded the motion. Motion carried three to zero. (2010 Index attached) IN REF: STORM DRAINAGE POLICY Assistant Surveyor, Tom Chudzynski, presented a draft of a Storm Drainage Policy. Tom commented a policy can be made in the absence of an ordinance. After brief discussion, Chairman, Roger Rose, asked that Drainage Board Attorney, Greg Heller, be given a copy of the policy for review and advise the Drainage Board the direction that needs to be taken to put this policy in force. Roger commented we will discuss this at the next Board meeting. IN REF: COUNTY LINE LANDFILL DISCUSSION Fulton County Surveyor, Don Towne, commented the landfill is doing work at their location at the corner of Old US 31 and County Road 700 North. Don commented he has not been able to contact the new Manager to see what the plans are. Chairman, Roger Rose, commented the agreement was to put the new tile in when the expansion is initiated. Don commented he has no information at this time, but will continue to try and contact the Manager. IN REF: BURNS AND HENDRICKSON TILE HEARING SET: CAUSE NO. 1-1980 #522 RECONSTRUCTION Surveyor’s Reconstruction Report: A signed petition is on file. Work consists of replacing tile and being lowered to improve drainage of the watershed. 2100 feet of 15-inch smooth core tile and 1430 feet of 10-inch smooth core tile placed and bedded in stone; and three (3) risers. The reconstruction includes 760 feet of 10-inch tile placed in 2009 on the high end on the Ditmire and Miles Farm. The Surveyor commented the high end is included in the reconstruction costs, and the Surveyor recommends that the landowner be reimbursed for the amount of $4,026.80, and be included in the maintenance. The tile will not be replaced. The Surveyor commented the new tile will be below the grade of the tile the landowner put in last year. The Surveyor commented the landowner, Ted White, above this property is in agreement with this proposal. The drain is currently on maintenance. Estimated Project Cost: $72,782.00. The proposed reconstruction rate is $390.00 per benefited acre with a $390.00 minimum. Drainage Board Secretary, Jean Cloud, commented in the past the landowner is reimbursed after the reconstruction assessments is paid in full by the landowners. There is 185 benefited acres in the watershed. Being no further discussion, Sherry Fulton made a motion to set a reconstruction hearing for Monday, November 8, 2010 at 9:30 A.M. Proposed reconstruction rate of $390.00 per benefited acre with a $390.00 minimum. Stan Musgrave seconded the motion. The current maintenance rate is $3.00 per benefited acre with a $10.00 minimum. Motion carried three to zero. IN REF: CLAIMS The Surveyor commented the reconstruction claim in the amount of $22, 445.19 is the expense for crossing State Road 17 with the Joseph Leasure Tile. The Drainage Board pays the claim to the contractor and then the amount will be reimbursed by the State. Being no further business to come before the Board, Sherry Fulton made a motion to adjourn the Drainage Board meeting at 12:40 P.M. Stan Musgrave seconded the motion. Motion carried three to zero. RECONSTRUCTION: Jim Ingram Excavating Joseph Leasure Main Tile #577 $22.445.19 MAINTENANCE: Anderson Tree Co. Lewis Bailey Open Etal #505 $ 1,845.75 Prairie Marsh, Inc. Ananias Baker Open #508 $ 1,897.99 Anderson Tree Co. George Barkman Open #510 $ 149.04 Anderson Tree Co. Stephen Bruce Open #519 $ 103.50 Prairie Marsh, Inc. Ammon Bucher (Isreal Landis)#521 $ 1,216.80 Prairie Marsh, Inc. Krom Stinson Open #570 $ 384.05 Anderson Tree Co. Mikesell Mahoney Open #585 $ 351.90 Anderson Tree Co. Spohn and Ward Open #623 $ 103.50 Anderson Tree Co. J Taverse Open #631 $ 672.75 Anderson Tree Co. Theodore White Open #637 $ 859.05 Anderson Tree Co. Steinke Wilson Open #649 $ 966.00 Prairie Marsh, Inc. E B Collins Open #657 $ 1,251.36 Anderson Tree Co. C B Moore Open #659 $ 396.75 Anderson Tree Co. Joe Mathias #663 $ 552.00 Anderson Tree Co. Thompson Wynn Rannels #664 $ 872.85 Anderson Tree Co. Robbins & Walters Open #670 $ 213.90 Prairie Marsh, Inc. Agnes Waite Open #672 $ 621.89 Anderson Tree Co. Carl Emery Open #674 $ 525.09 Prairie Marsh, Inc. Costello Clary Open #678 $ 1,789.00 Anderson Tree Co. McMahan Open System #704 $ 921.15 Anderson Tree Co. Mikesell Mahoney Open Arm #706 $ 96.60 Prairie Marsh, Inc. Bryant Leininger System #708 $ 1,507.96 Anderson Tree Co. Mill Creek Arm #2 & Fry Open #712 $ 1,414.50 Prairie Marsh, Inc. Willow Creek #714 $ 1,810.26 Anderson Tree Co. Troutman Hogan Open #717 $ 517.50 Anderson Tree Co. Henry Ware Open #719 $ 164.22 Anderson Tree Co. Mud Creek #723 $ 547.86 Prairie Marsh, Inc. Jonas Rouch Open #732 $ 440.22 Anderson Tree Co. Upper Mill Creek #762 $ 1,449.00 Anderson Tree Co. Matthew Zanger Open #788 $ 517.50 Prairie Marsh, Inc. Ball Ginther Shadel Open #790 $ 953.44 Anderson Tree Co. Lucenia Smith Open #797 $ 1,690.50 FULTON COUNTY DRAINAGE BOARD _____________________________________ _____________________________________ _____________________________________ _____________________________________ Surveyor ATTEST:_____________________________ Jean E. 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