ĐĎॹá>ţ˙ îđţ˙˙˙ěí˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁ7 đż‚ bjbjUU *V7|7|Q0˙˙˙˙˙˙l,,,,,,,@ŢNŢNŢN8O*O@ƒZś:P:PPPPPPPPPPPPPZZZZZZZ$9[ Y]Ä(Z,PPPPPPPPPP(Z:T,,PPPP=Z:T:T:TPPš,PP,PPZ:TPPZ:T´:TîY,,îYPP.P  Ö@TĘ@žMŢNęPúîYîYSZ0ƒZîY^äQV^îY:T@@,,,,ŮThe Fulton County Drainage Board met on the 14th of January 2008 at 9:00 A.M. E.S.T. in the Conference Room of the Fulton County Office Building. Board members present were Chairman, Roger D. Rose; Vice Chairman, Richard A. Powell; and Board Member, Mark J. Rodriguez. Also present were Don Towne, Fulton County Surveyor; Jean Cloud, Drainage Board Secretary; Loren Loehmer; Alan H. Wentzel; Gary Kline; Phil Kline; Tony and Twyla Bean; Paul Guise; Suzanne Guise; Tony Veljanoski; and Steve Carter. It is duly noted that Tom Chudzynski, Assistant Surveyor, was absent. It is duly noted that Drainage Board Attorney, Greg Heller arrived at the meeting at 10:37 A.M. E.S.T. Drainage Board Secretary, Jean Cloud, called the meeting to order at 9:19 A.M. E.S.T. IN REF: ELECTION OF OFFICERS Drainage Board Secretary, Jean Cloud, opened the floor for nominations for Chairman. Richard Powell nominated Roger Rose. Mark Rodriguez seconded the nomination. Drainage Board Secretary stated if there were no other nominations, she would entertain a motion to close nominations. Mark Rodriguez made a motion to close nominations. Richard Powell seconded the motion. Motion carried three to zero. 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. Roger Rose nominated Richard Powell. Mark Rodriguez seconded the nomination. Chairman, Roger Rose, entertained a motion to close nominations. Mark Rodriguez made a motion to close nominations. Richard Powell seconded the motion. Motion carried three to zero. Nomination carried three to zero. IN REF: APPOINTMENT OF SECRETARY Chairman, Roger Rose, stated at this time we need to appoint the Secretary. Mark Rodriguez made a motion to appoint Jean Cloud as Secretary. Richard Powell seconded the motion. Motion carried three to zero. Mark Rodriguez stated for the record, “Jeanie it is a pleasure and you are outstanding and appreciate the feedback in the way you do your job.” Richard Powell stated he agrees with Mark and also real thorough. Roger stated he also appreciates the thoroughness. Richard also stated she is always there. Jean Cloud thanked the Board and commented that they were a good Board to work for and she enjoys it. IN REF: RESOLUTION 011408 ADOPT ESTABLISHING MEETING DATE AND TIME Chairman, Roger Rose, asked the members of the Drainage Board if the second Monday of each month at 9:00 A.M. is agreeable with everyone. Drainage Board Secretary, Jean Cloud, stated she listed the time as local time, since we go from Daylight Savings Time to Eastern Standard Time. Chairman, Roger Rose, entertained a motion to adopt Resolution 011408 Establishing Meeting Date and Time. Richard Powell made a motion to adopt Resolution 011408 Establishing Meeting Date and Time. Mark Rodriguez seconded the motion. Motion carried three to zero. RESOLUTION 011408 A RESOLUTION OF THE FULTON COUNTY DRAINAGE BOARD OF THE COUNTY OF FULTON, INDIANA ESTABLISHING MEETING TIMES FOR 2008. 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 14th day of January 2008. FULTON COUNTY DRAINAGE BOARD Roger D. Rose, Chairman Richard A. Powell, Vice Chairman Mark J. Rodriguez, Board Member ATTEST: Jean E. Cloud, Drainage Board Secretary IN REF: ALLEN & COPLEN TILE & OPEN DISCUSSION OF CAUSE NO. RECONSTRUTION PHASE III Fulton County Surveyor, Don Towne, stated said drain is a tile, which dumps into an open and then dumps into the upper end of Lake Manitou. Don further stated the open ditch has been done, which was Phase I, and about twelve hundred feet (1200’) of tile has been replaced, Phase II, and George Krom would like for us to start Phase III. Don explained at the end of the year there was no money in the maintenance fund and owes the GDIF approximately thirteen thousand five hundred and ninety-four dollars ($13,594.00). Don stated the annual assessment is approximately fifteen thousand dollars ($15,000.00). Don stated the final phase of the project would cost approximately thirteen thousand dollars ($13,000.00). Don further stated that the bids normally come in a little under his estimate. Don stated at the end of 2008, the fund would be approximately ten thousand dollars ($10,000.00) in the red. After a brief discussion, Don stated we would collect the same amount in 2008 and 2009, and the Board could review the fund and lower the maintenance rate in 2010. Chairman, Roger Rose, asked what the rate is on the said drain. Don replied fifteen dollars ($15.00) per benefited acre on the open and seventy-five dollars ($75.00) per benefited acre on the tile. Don stated the landowners are paying extra in order to get the work done in a timely manner. After brief discussion, the Drainage Board gave the Fulton County Surveyor, Don Towne, the consensus to proceed to continue with Phase III of the project. IN REF: DECEMBER 10, 2007 DRAINAGE BOARD MINUTES Chairman, Roger Rose, stated the December 10, 2007 minutes would be tabled to the February agenda. IN REF: HENRY GUISE ARM #1 TILE CONTINUED HEARING CAUSE NO. 6-2007 #798 Chairman, Roger Rose, called the continued reconstruction and establish a maintenance rate on the Henry Guise Arm #1 Tile hearing to order at 9:31 A.M. E.S.T. Landowners/representatives present were: Loren Loehmer; Tony and Twyla Bean; Suzanne Guise; Alan Wentzel; Paul Guise; Phil Kline; and Gary Kline. Chairman, Roger Rose, asked the Fulton County Surveyor, Don Towne, to give an overview on this project. Fulton County Surveyor, Don Towne, stated it was brought up at the last meeting to move the tile to the west away from the fence line, and also the check the watershed at the north end. Don stated he reviewed the watershed and removed the Bean property from the watershed, which is 15.49 benefited acres and removed 8 benefited acres from the Loren Loehmer property. Don then stated the proposal is to move the tile over on the Paul Guise property, which would add 1.5 benefited acres to the watershed on the low end. Don stated the Bean and Loehmer benefited acres would be added the joint ditch with Pulaski County. Chairman, Roger Rose, asked the Surveyor, Don Towne, the reason for the watershed change. Don replied that the Bean’s and Mr. Loehmer had asked him to look at the watershed. Fulton County Surveyor, Don Towne, stated in moving the tile to the west, it would add approximately one hundred foot (100’) of twelve (12) inch tile. Don further stated there would be some trees taken down in the fencerow and the stumps would be left. Don further stated that the tile would be moved to the west of the fence line in Paul Guise’s property and curve back to the east of Mr. Guise’s north fence line. Don stated there would be a deep cut on Mr. Guise’s property, so the tile will need to be stoned. Don stated if the tile is moved to the west of the fencerow and curve up to the south end of Wentzel’s woods, which would be twelve inch (12”) tile, and then the five thousand dollars ($5,000.00) for the new tile through Wentzel’s woods; the approximate cost would be twenty-one thousand seven hundred and fifty-five dollars ($21,755.00). Don further stated since the acres changed, the cost per acre would be more. Chairman, Roger Rose, asked Fulton County Surveyor, Don Towne, about replacing the tile north of Alan Wentzel’s woods. Don stated after talking to Alan Wentzel, the old existing tile is a twelve inch (12”). Alan Wentzel stated he had talked with Jeff Ditmire and Todd Keller. Alan stated Jeff has farmed that ground for approximately thirty (30) years, and there is a couple surface drains that can be seen from the road, north of the woods, and Alan stated Jeff was sure that there was a tile out there that curved towards the west. After further discussion, Fulton County Surveyor, Don Towne, stated after adjusting the watershed and the project, the benefited acres in the watershed would be 130.67 benefited acres and that would be one hundred and sixty-eight dollars ($168.00) per benefited acre for the reconstruction project. Don further stated if just the lower section of the project is done, which would be approximately nine hundred feet (900’) at a cost of approximately eight thousand nine hundred fifty-five dollars ($8,955.00); that would cost approximately sixty-nine dollars ($69.00) per benefited acre. Don stated it would not include the cost of tile that was replaced in Alan’s Wentzel’s woods. Don stated the tile to be used for the project would be perforated standard tile and stone around the tile. Don further stated a tile machine would install the tile. Alan Wentzel asked if that cost included the tile on Gary Kline and the upper end on Paul Guise’s property. Don responded “no, that cost does not include that portion of tile, but the tile would be on maintenance if something needed to be done in the future”. Alan asked, “If the whole tile needs replaced, would the maintenance cover that cost? Don stated when that portion would need to be replaced, another reconstruction hearing would be held or the Drainage Board could replace the tile with money in the maintenance fund, if there is sufficient money there. There was further discussion. Loren Loehmer stated he cannot take another twenty-six hundred dollars ($2600.00) and pay for a tile that is not doing him any good. Loren stated there is a swamp between him and Gary Kline and it is two (2) to three (3) feet lower than anything around there. Loren further stated if it came out any place, it would probably come out on Gary Kline’s and if you look at the map there is a dark spot, and there is a woods out there and it would come out on the west side of the dark spot. Don stated there is so much fall in that terrain you could go either way, but going across Kline would be the best way to go. Loren agreed. Fulton County Surveyor, Don Towne, stated with the corrected watershed of 130 benefited acres and the proposed maintenance rate of two dollars ($2.00) per benefited acre; the maintenance fund would only bring in approximately two hundred and sixty dollars ($260.00) annually. Don stated four times the annual assessment would cap a little over a thousand dollars ($1,000.00) for future repairs to the tile. Don stated in the future the cost to replace that portion of tile would be approximately ten thousand dollars ($10,000.00). Don stated the Drainage Board would not let the fund go in the red for that many years. Don stated the maintenance could be raised to do the work, and then lower the maintenance rate after the work is completed. Loren Loehmer asked if the maintenance could be collected for more years. Don stated the State Statute reads we can only collect four (4) times the annual assessment. Don stated if he knows work is going to be done on a drain in the next year, the drain could be flagged to collect an additional year. There was further discussion. Richard Powell stated it is proposed sixty-nine dollars ($69.00) per benefited acre for replacement of the short strip. Don stated that is nine hundred feet (900’) on the low end. Richard Powell asked if that included Alan Wentzel’s woods that is already done. Don replied “no”. Chairman, Roger Rose, asked, “What was the advertised proposed rate?” “Was it the one hundred and forty-five dollars ($145.00)? Don and the Secretary, Jean Cloud, replied “yes”. Chairman, Roger Rose, stated then we could not do the one hundred and sixty-eight dollars ($168.00) per benefited acre. It was discussed that another hearing would have to be done if we use that figure. Richard Powell asked Fulton County Surveyor, Don Towne, what the amount would be if the portion of tile through Alan Wentzel’s was left out of the total project. Don stated that would be approximately one hundred and twenty-nine dollars ($129.00) per benefited acre. Richard Powell stated that is the reason we are here today to hear from the landowners. Don commented to Paul Guise that 1.5 benefited acres would be added to his benefited acres, because the proposal is to move the tile out of the fencerow to the west onto his property. Loren Loehmer stated he would like to see the lower portion reconstructed and raise the maintenance rate. Loren Loehmer asked if in the future something needs to be done to the tile on Gary Kline’s property, would the landowners be notified or would it be after the fact, like the last go around. Fulton County Surveyor, Don Towne, stated he does not feel there will be a problem with the tile on Gary Kline’s property, as it is dumping in the open ditch right now. Loren Loehmer asked if they would be notified before the fact. Don stated he would contact the landowners. There was discussion about raising the maintenance rate. Chairman, Roger Rose, asked if there were any further comments. Loren Loehmer stated what if the maintenance rate was raised to ten dollars ($10.00) per benefited acre. Loren stated in four (4) years that would be approximately five thousand dollars ($5,000.00). Alan stated it is going to take eight thousand (8,000) to fix it now. Alan stated he replaced the tile through his woods for five dollars ($5.00) a foot. Don stated that it was five thousand dollars ($5,000.00), for a little over six hundred feet (600’) and that included clearing. Don commented that is ok, but in order to raise the maintenance rate another hearing would have to be held, which is not a problem. Don stated if that is the wishes of the landowners that could be done. Don stated if the maintenance was raised to ten dollars ($10.00) per benefited acre, that would bring in approximately thirteen hundred dollars ($1300.00) a year. In four (4) years that would be approximately fifty-two hundred dollars ($5200.00). There was further discussion. Loren Loehmer commented that the nine hundred feet (900’) is about a nine dollars ($9.00) a foot. Don stated that includes the stone at approximately sixteen hundred and seventy dollars ($1670.00) and five hundred dollars ($500.00) for the extra cut, but the new machines will go ten feet (10’). Don further stated the 12” HighQ tile for under the road, which is approximately eighty feet (80’) and then the standard tile, animal guard and five hundred dollars ($500.00) for the brush. Loren Loehmer asked about going under the road. Don replied the work would be to the open ditch, because we are moving the tile. Don stated we won’t worry about the surface water, because the existing tile and waterway will be left as it is. Chairman, Roger Rose, asked if he was hearing some comfort level with the landowners with the idea of raising the maintenance rate. Loren Loehmer asked Fulton County Surveyor, Don Towne, when you shoot across the ditch, would there be something put there to keep the ditch from washing out. Don replied that he will probably try to put a little angle on it, but there is not much that can be done. There was further discussion. Chairman, Roger Rose, asked the landowners if they were comfortable doing the reconstruction on the low end of the drain, which is approximately nine hundred feet (900’), which would entail the setting of a reconstruction rate of sixty-nine dollars ($69.00) a benefited acre and a establish a maintenance rate of two dollars ($2.00) per benefited acre with a ten dollar ($10.00) minimum. Roger further stated with the intent of setting another hearing date to raise the maintenance rate to a proposed rate of ten dollars ($10.00) per benefited acre. Chairman, Roger Rose, asked if there was comfort with that proposal. Alan Wentzel asked about the reconstruction of the tile through the woods. Loren Loehmer stated his opinion is that the work was done as a private deal, and none of the landowners knew about it. Loren stated he did not know about it, and was sure the other landowners did not know either. Alan Wentzel made comments about the Drainage Board paying another landowner for doing a reconstruction. Fulton County Surveyor, Don Towne, stated that this had been done on other tiles. Chairman, Roger Rose, asked Don Towne about what had been done on other tiles. Don explained we picked up where the landowner recently placed new tile on their property. Paul Guise asked how much was the cost of the tile through the woods. Fulton County Surveyor, Don Towne, stated the cost was five thousand dollars ($5,000.00). There was further discussion about the proposed reconstruction rate. Fulton County Surveyor, Don Towne, stated with the low end reconstructed and adding the five thousand dollars ($5,000.00) the proposed reconstruction rate would be one hundred and seven dollars ($107.00) per benefited acre. After further discussion, Alan Wentzel stated that he had talked with Dave Kemble before he had purchased the ground and he said the water going into the pond was overflowing. Mark Rodriguez asked if there was some consensus in the room that there was a benefit derived from what Mr. Wentzel done, or is there a question about that. Alan Wentzel stated he did. Loren Loehmer stated it did not do him any good. There was further discussion. Chairman, Roger Rose, asked Fulton County Surveyor, Don Towne, what was known about this section of tile through the woods. Roger asked, “Did we participate in the decision?” Fulton County Surveyor, Don Towne, responded “no.” Roger stated it was strictly private. Fulton County Surveyor, Don Towne, stated he knew they were working on it, and it is a county ditch not on maintenance. Chairman, Roger Rose, stated his concern is that we would set a precedence that he does not really like. Roger further stated the private landowner made the decision to do work on the county tile and then forces a decision on the other landowners in the watershed. Mark Rodriguez commented it circumvents the public process in all of this and then it becomes precedence. Mark feels that was not the intention, but can see the potential for that happening. Chairman, Roger Rose, stated that is not a way that the Drainage Board could accommodate that kind of approach, but feels the Drainage Board needs to be a part of decision making process to proceed. Roger feels there would have to be some type of approval from this end, indicating the Drainage Board was willing to include in the subsequent decision. Roger stated that seems to be the piece that is absent here, that the Drainage Board had no say in this from the start. Alan Wentzel stated it had to be done. Alan commented he had talked with Jeff Ditmire who has farmed the farm ground north of the woods for the past thirty years and said there was a tile going over towards the west part of that field on the north side of the woods. Alan commented that the water drains to the south through the woods. Mark Rodriguez stated in this matter the Drainage Board does not want to set precedence, but it becomes on the part of the landowners to say if it benefited them. Mark Rodriguez directed his statement to Alan Wentzel, did everyone in this room benefit from what you did. Mark stated this is incumbent on the landowners present to say if they feel they received a benefit from what you done. Mark commented that Mr. Loehmer feels that it did not benefit him. There was further discussion on the landowner’s benefited acres. Chairman, Roger Rose, asked Gary Kline his thoughts on this, since you have the most acres. Gary Kline stated he feels the biggest thing is to get the low end fixed. Chairman, Roger Rose, stated we are in an awkward situation, and the Drainage Board does not want to set a bad precedence and yet there is a situation if there had been a little more communication on this project ahead of time, as far as the part done through the woods, and do not know what the outcome would have been, but hopefully different than it is now. Chairman, Roger Rose, asked Gary Kline what his thoughts are on including the cost of the tile through the woods as a part of the project. Gary Kline stated the water was blocked in the woods and blocked everything on the north side and my side is all open. Paul Guise stated it did not benefit him. There was further discussion. Chairman, Roger Rose, asked the landowners, “ would it be fair instead of reimbursing Mr. Wentzel a hundred percent (100%), to reimburse him for half of the cost he incurred. Instead of the five thousand dollars ($5,000.00), reimburse him twenty-five hundred dollars ($2500.00). Chairman, Roger Rose, stated the un-reimbursed portion being a penalty for not getting the advance participation in the decision. Chairman, Roger Rose, stated he is inclined to think there is justification of Mr. Wentzel doing it, but it was the way he did it, wasn’t the way the Drainage Board would like to see this type of situation done, and the Drainage Board does not want to set a precedence. Chairman, Roger Rose, stated if this would happen again after the fact, paying fifty percent (50%) would be a strong deterrent in the future for people doing that. Chairman, Roger Rose, stated by doing this, it somewhat offsets his situation, that he did do the watershed some benefit. Roger stated he feels that cannot be denied, it may not have benefited everyone equally, but does benefit the watershed. The proposed reconstruction rate would be eighty-eight dollars ($88.00) per benefited acre, which the project would be nine hundred feet (900’) on the low end and include half of five thousand dollars ($5,000.00), the cost that Wentzel paid to put the tile through his woods. There was further discussion. Richard Powell stated he feels this is a fair compromise from this side of the table, and it is a substantial penalty for doing it. Chairman, Roger Rose, stated he feels absence of opposition to that proposal to be supported, unless I hear some voice of opposition. . Loren Loehmer stated he still isn’t happy. Mr. Loehmer further stated he did not know anything about it, and it would be like me going down to reconstruct my road and sending the bill to the Commissioners. Chairman, Roger Rose, commented we are proposing to only pay half of the cost. After brief discussion, Chairman, Roger Rose, asked if there were any other comments from the landowners. Alan Wentzel stated he feels he should be paid of all of cost. Alan further commented if he shut the water off altogether, then you would find out how much it does help. There was further discussion. Loren Loehmer asked if we pay for half of the five thousand dollars ($5,000.00), do we get two (2) years interest free. Drainage Board Secretary, Jean Cloud, stated we would not be able to do that, because the State Statute allows the first year payment of a reconstruction interest free, but the next four years there is ten percent (10%) interest is charged on the balance. Loren Loehmer asked when would the reconstruction be due. Drainage Board Secretary, Jean Cloud, stated it would be billed after the work is completed, then from the time it is certified, the landowner has one year to make the first payment. Jean further stated the maintenance would start this year (2008). Chairman, Roger Rose, stated he would summarize this project and come to a conclusion. Roger further stated there is no real objection to do the reconstruction on the low end of the tile, approximately nine hundred feet (900’) at a cost of approximately sixty-nine dollars ($69.00) per benefited acre and the intermediate stretch south of the woods will be remain as is and the new reconstruction would tie into that portion of the drain and then the six hundred feet (600’) through the woods, which has been reconstructed without pre-approval from this Board, and the Board would reimburse fifty percent (50%) of that cost, which would be twenty-five hundred dollars ($2500.00) which would add an additional nineteen dollars ($19.00) for a total of eighty-eight dollars ($88.00) per benefited acre. Alan Wentzel asked if the full reimbursement could be made to him after the lower end of the tile work is completed. Suzanne Guise stated she feels it is unethical to pay for work that was not done according to the rules. Suzanne further stated the Mr. Wentzel took it upon himself to do the work without bringing it before the Board, then wants everyone else to help pay for it. There was further discussion about the work being done prior to the Board’s involvement. Chairman, Roger Rose, stated it was mentioned that this had been done before, but it did not happen while this Board has served. Fulton County Surveyor, Don Towne, stated it had been several years. Richard Powell commented that you cannot deny that the work did not benefit the watershed, but the problem was how it was done without the approval of the Drainage Board. Mark Rodriguez commented to the landowners that each one of you know what benefit the work was to you. Mark stated if you perceive it to be unethical or whatever the landowner did, the question goes back to, did the landowner improve it and then the consideration for the Drainage Board, are we setting a precedence by doing this. Mark stated paying the fifty percent would be what we would set under this scenario. Mark made a final comment that the Board is trying to be fair, but we also are trying to create a disincentive following the method that he followed. There was much further discussion. Chairman, Roger Rose, entertained a motion to approve the reconstruction and establishment of a maintenance rate on the Henry Guise Arm #1 Tile, Cause No.6-2007, #798 finding that the costs, damages and expenses will be less than the benefits accruing to the owners of the land likely to be benefited. Roger further stated the reconstruction would be done on the lower end of the tile, which is approximately nine hundred feet (900’) and include fifty percent (50%) of the cost that landowner, Alan Wentzel, replaced the six hundred feet (600’) of tile through his woods, being an amount of twenty-five hundred dollars ($2500.00) totaling eighty-eight dollars ($88.00) per benefited acre with an eighty-eight dollars ($88.00) minimum. Roger stated this motion would include establishing a maintenance rate of said tile at two dollars ($2.00) per benefited acre with a ten dollar ($10.00) minimum. Richard Powell made a motion to approve the reconstruction and establishment of a maintenance rate on the Henry Guise Arm #1 Tile, Cause No.6-2007, #798 finding that the costs, damages and expenses will be less than the benefits accruing to the owners of the land likely to be benefited. Roger further stated the reconstruction would be done on the lower end of the tile, which is approximately nine hundred feet (900’) and include fifty percent (50%) of the cost that landowner, Alan Wentzel, replaced the six hundred feet (600’) of tile through his woods, being an amount of twenty-five hundred dollars ($2500.00) totaling eighty-eight dollars ($88.00) per benefited acre with an eighty-eight dollars ($88.00) minimum. Roger stated this motion would include establishing a maintenance rate of said tile at two dollars ($2.00) per benefited acre with a ten dollar ($10.00) minimum. Mark Rodriguez seconded the motion. Motion carried two to one. Loren Loehmer asked about the bidding on the project. Drainage Board Secretary, Jean Cloud, stated it would not be advertised in the paper, the bid opening would be on the Drainage Board Agenda. Jean further stated that we could contact you when it will be on the agenda. Fulton County Surveyor, Don Towne, stated he normally invites contractors to bid on the project. Chairman, Roger Rose, entertained a motion to close the hearing on the reconstruction and establishing a maintenance rate on the Henry Guise Arm #1 Tile, Cause No. 6-2007, #798. Mark Rodriguez made a motion to close the hearing on the reconstruction and establishing a maintenance rate on the Henry Guise Arm #1 Tile, Cause No. 6-2007, #798. Richard Powell seconded the motion. Motion carried three to zero. IN REF: HENRY GUISE ARM #1 TILE DISCUSSION ON RAISING CAUSE NO. 6-2007 #798 MAINTENANCE RATE Chairman, Roger Rose, asked the landowners present if they would like to proceed with setting up a hearing to increase the maintenance rate of said drain. After brief discussion, it was decided to leave the maintenance as is. Chairman, Roger Rose, stated the Drainage Board would take a short recess. Chairman, Roger Rose, called the meeting back to order. IN REF: FEASIBILITY STUDY ON THE AKRON STORMWATER PROJECT Steve Carter stated he and Tony Veljanoski are from Umbaugh & Associates. Steve stated they have prepared a Feasibility Study for the Akron Stormwater Project, which is part of the Planning Grant process. Steve explained the funding Alternatives, Schedule of Estimated Project Costs and Funding, Summary of Equivalent Residential Units, Estimated Revenue Requirements, Leininger Ditch and the Sears Ditch Assessment Fees. Steve stated the project to be funded would be approximately $1,826,000. Steve explained the Equivalent Residential Units and came up with $14.95 per month with a grant and $20.13 per month without a grant. Fulton County Surveyor, Don Towne, commented that industrial is handle the same as farm ground, and that is something we would not want. Don further stated the last time a reconstruction was done on the Leininger tile; industry paid twenty (20) or forty (40) times more than residential or farm ground. Don further stated there are several industrial and commercial properties on these drains. Steve stated an impervious study would need to be done and that is costly. There was discussion about a twenty (20) year payback and bonding. Chairman, Roger Rose, commented the project is estimated with a bond issue over twenty (20) years and then there are payments listed. Roger asked, “ If we would go to five (5) years, it would not increase linearly, would it”? Steve commented it would be close. After further discussion, Chairman, Roger Rose, stated he is trying to see what we will get out of the Public Hearing, and one objective is how much is industry going to subsidize this project and will it be feasible to do. Richard Powell stated we would need that number before the hearing, on the 24th. Roger stated we need some kind of estimate to be able to put these numbers in perspective. Richard Powell stated we cannot be changing numbers; we have to go into the hearing with the correct numbers. Steve stated the purpose of the public hearing is not to set rates, but to hear comment on the project. There was much further discussion. Drainage Board Attorney, Greg Heller, stated the public hearing is a requirement for the grant. In conclusion of this discussion, Chairman, Roger Rose, stated there is going to be a lot unknowns, but we are proceeding with the grant requirements. After some further discussion, Drainage Board Secretary, Jean Cloud, explained the public hearing is to fulfill the requirements for the Planning Grant that had been awarded to us. The requirements were to have an engineering study, feasibility study and an environmental study. Jean further stated we have not applied for a reconstruction grant at this time. Jean further stated the thirty thousand dollars ($30,000.00) has been received, and we have paid Banning, and Umbaugh and Shannon will be submitting bills for their services and that will be paid out the Planning Grant money. Shannon McLeod will be conducting the Public Hearing on the 24th of January, and she needs the Drainage Board there to hear the reports and sign the resolution papers to end this process of the Planning Grant requirements. Jean further explained that would close the Planning Grant, and then we move to the next step. Richard Powell stated we want to benefit from every dollar of that Planning Grant that we possibly can and part of it, we want numbers on businesses from somebody. Rich stated we need those numbers before we go forward. Mark Rodriguez stated he is hesitant, because he does not want to get caught up in one presentation, if this is planning and if this is what is going to happen down the road. Mark stated when we get down the road; it seems to be a little inconsistent with what our expectations are to look like at the funding standpoint. Mark stated he is a little uneasy. Richard Powell commented that it is incomplete planning. Chairman, Roger Rose, commented that we are jumping through hoops to comply, even though it is not furthering the interest of the project. After further discussion, Chairman, Roger Rose, stated Shannon McLeod, our Grant Administrator, needs to be contacted and let her know the Board’s concern on this issue. Steve Carter stated he would be in his office all afternoon. The Drainage Board thanked Steve Carter & Tony Veljanoski for attending today’s meeting. Drainage Board Secretary, Jean Cloud, stated she would contact Shannon and explain the Board’s concern with the Feasibility Study and asked if the Public Hearing could be postponed. Richard Powell made a motion to recess for lunch at 12:30 P.M. E.S.T. Mark Rodriguez seconded the motion. Motion carried three to zero. Chairman, Roger Rose called the meeting back to order at 2:17 P.M. E.S.T. IN REF: JACKSON & WAGONER OPEN SPRAY BID RECEIVED: CAUSE NO. 8-1970 #561 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FT. LUMP SUM The Daltons $.17 $1717.00 Shideler Spray Inc. $.125 $1262.50 Prairie Marsh, Inc $.098 $ 989.80 Right of Way Management $.243 $2454.00 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh with his low bid of nine hundred eighty-nine dollars and eighty cents ($989.80). Richard Powell made a motion to award the spray project for the Jackson & Wagoner Open, Cause No. 8-1970, #561; to Prairie Marsh for his total bid of nine hundred eighty-nine dollars and eighty cents ($989.80); and being low bid. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: GUISE OVERMYER SPRAY BID RECEIVED: CAUSE NO. 3-1996 #726 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FT. LUMP SUM The Daltons $.19 $ 627.00 Shideler Spray Inc. $.085 $ 280.50 Prairie Marsh Inc. $.129 $ 425.70 Right of Way Management $.243 $ 801.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. with their low bid of two hundred and eighty dollars and fifty cents ($280.50). Richard Powell made a motion to award the spray project for the Guise Overmyer, Cause No. 3-1996, #726; to Shideler Spray Inc. for their total bid of two hundred and eighty dollars and fifty cents ($280.50); and being low bid. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: LEWIS BAILEY (MYERS & BALL) SPRAY BID RECEIVED: CAUSE NO. 2-1984 #505 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FT. LUMP SUM The Daltons $.19 $ 708.70 Shideler Spray Inc. $.12 $ 447.60 Prairie Marsh Inc. $.134 $ 499.82 Right of Way Management $.164 $ 611.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. with their low bid of four hundred forty-seven dollars and sixty cents ($447.60). Mark Rodriguez made a motion to award the spray project for the Lewis Bailey (Myers & Ball), Cause No. 2-1984, #505; to Shideler Spray Inc. for their total bid of four hundred forty-seven dollars and sixty cents ($447.60); and being low bid. Richard Powell seconded the motion. Motion carried three to zero. IN REF: CHAUNCEY OVERMYER OPEN SPRAY BID RECEIVED: CAUSE NO. 15-1967 #686 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FT. LUMP SUM The Daltons $.17 $1904.00 Shideler Spray Inc. $.124 $1388.80 Prairie Marsh Inc. $.125 $1400.00 Right of Way Management $.164 $1836.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc with their low bid of thirteen hundred eighty-eight dollars and eighty cents ($1388.80). Richard Powell made a motion to award the spray project for the Chauncey Overmyer Open, Cause No. 15-1967, #686; to Shideler Spray Inc. for their total bid of thirteen hundred eighty-eight dollars and eighty cents ($1388.80); and being low bid. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: SAMUEL S. STAHL OPEN SPRAY BID RECEIVED: CAUSE NO. 3-1988 #671 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FT. LUMP SUM The Daltons $.16 $3289.60 Shideler Spray Inc. $.11 $2261.60 Prairie Marsh Inc. $.10 $2056.00 Right of Way Management $.173 $3566.00 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh Inc. for his low bid of two thousand fifty-six dollars ($2,056.00). Mark Rodriguez made a motion to award the spray project for the Samuel S. Stahl Open, Cause No. 3-1988, #671; to Prairie Marsh Inc. for his total bid of two thousand fifty-six dollars ($2,056.00); and being low bid. Richard Powell seconded the motion. Motion carried three to zero. IN REF: AMMON BUCHER OPEN SPRAY BID RECEIVED: CAUSE NO. 27-1981J #521 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FT. LUMP SUM The Daltons $.17 $2397.00 Shideler Spray Inc. $.097 $1367.70 Prairie Marsh Inc. $.135 $1903.50 Right of Way Management $.24 $3384.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. for their low bid of thirteen hundred sixty-seven dollars and seventy cents ($1367.60). Richard Powell made a motion to award the spray project for the Ammon Bucher Open, Cause No. 27-1981J, #521; to Shideler Spray Inc. for their total bid of thirteen hundred sixty-seven dollars and seventy cents ($1367.60); and being low bid. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: HARTER CURTIS OPEN SPRAY BID RECEIVED: CAUSE NO. 2-1999 #755 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.16 $2880.00 Shideler Spray Inc. $.095 $1710.00 Prairie Marsh Inc. $.175 $3150.00 Right of Way Management $.24 $4320.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. for their low bid of seventeen hundred and ten dollars ($1710.00). Richard Powell made a motion to award the spray project for the Harter Curtis Open, Cause No. 2-1999, #755; to Shideler Spray Inc. for their total bid of seventeen hundred and ten dollars ($1710.00); and being low bid. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: REED OLMSTEAD & DEWEESE ARM SPRAY BID RECEIVED: CAUSE NO. 3-1991 #679 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.15 $5103.00 Shideler Spray Inc. $.095 $3231.90 Prairie Marsh Inc. $.107 $3640.14 Right of Way Management $.104 $3538.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. for their low bid of thirty-two hundred and thirty-one dollars and ninety cents ($3231.90). Mark Rodriguez made a motion to award the spray project for the Reed Olmstead & DeWeese Arm, Cause No. 3-1991, #679; to Shideler Spray Inc. for their total bid of thirty-two hundred and thirty-one dollars and ninety cents ($3231.90); and being low bid. Richard Powell seconded the motion. Motion carried three to zero. IN REF: MUD CREEK SPRAY BID RECEIVED: CAUSE NO. 10-1980 #723 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.15 $ 9720.00 Shideler Spray Inc. $.092 $ 5961.60 Prairie Marsh Inc. $.104 $ 6739.20 Right of Way Management $.194 $12571.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. for their low bid of fifty-nine hundred and sixty-one dollars and sixty cents ($5961.60). Richard Powell made a motion to award the spray project for the Mud Creek, Cause No. 10-1980, #723; to Shideler’s Spray Inc. for their total bid of fifty-nine hundred and sixty-one dollars and sixty cents ($5961.60); and being low bid. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: JOHN KING OPEN SPRAY BID RECEIVED: CAUSE NO. 2-1972 #567 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.19 $684.00 Shideler Spray Inc. $.12 $432.00 Prairie Marsh Inc. $.125 $450.00 Right of Way Management $.143 $514.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. for their low bid of four hundred and thirty-two dollars ($432.00). Mark Rodriguez made a motion to award the spray project for the John King Open, Cause No. 2-1972, #567; to Shideler Spray Inc. for their total bid of four hundred and thirty-two dollars ($432.00); and being low bid. Richard Powell seconded the motion. Motion carried three to zero. IN REF: SMITH-PETERSON OPEN SPRAY BID RECEIVED: CAUSE NO. 2-1986 #655 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.15 $4573.50 Shideler Spray Inc. $.10 $3049.00 Prairie Marsh Inc. $.105 $3201.45 Right of Way Management $.22 $6707.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. for their low bid of three thousand forty-nine dollars ($3049.00). Richard Powell made a motion to award the spray project for the Smith-Peterson Open, Cause No. 2-1986, #655; to Shideler Spray Inc. for their total bid of three thousand forty-nine dollars ($3049.00); and being low bid. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: PETER BUSENBURG OPEN SPRAY BID RECEIVED: CAUSE NO. 10-1966J #523 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.17 $2235.50 Shideler Spray Inc. $.09 $1183.50 Prairie Marsh Inc. $.11 $1446.50 Right of Way Management $.104 $1367.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. for their low bid of eleven hundred and eighty-three dollars and fifty cents ($1183.50). Richard Powell made a motion to award the spray project for the Peter Busenburg Open, Cause No. 10-1966J, #523; to Shideler Spray Inc. for their total bid of eleven hundred and eighty-three dollars and fifty cents ($1183.50); and being low bid. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: AUSTIN BLUE SPRAY BID RECEIVED: CAUSE NO. 1-1999J #776 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.18 $1314.00 Shideler Spray Inc. $.09 $ 657.00 Prairie Marsh Inc. $.14 $1022.00 Right of Way Management $.16 $1168.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. for their low bid of six hundred and fifty-seven dollars ($657.00). Mark Rodriguez made a motion to award the spray project for the Austin Blue, Cause No. 1-1999J, #776; to Shideler Spray Inc. for their total bid of six hundred and fifty-seven dollars ($657.00); and being low bid. Richard Powell seconded the motion. Motion carried three to zero. IN REF: ELIJAH MILLER OPEN SPRAY BID RECEIVED: CAUSE NO. 8-1980 #586 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.18 $1276.20 Shideler Spray Inc. $.16 $1134.40 Prairie Marsh Inc. $.148 $1049.32 Right of Way Management $.15 $1063.00 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh Inc. for his low bid of one thousand and forty-nine dollars and thirty-two cents ($1049.32). Richard Powell made a motion to award the spray project for the Elijah Miller Open, Cause No. 8-1980, #586; to Prairie Marsh Inc. for his total bid of one thousand and forty-nine dollars and thirty-two cents ($1049.32); and being low bid. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: ELIJAH MILLER ARM #1 OPEN SPRAY BID RECEIVED: CAUSE NO. 9-1982 #587 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.18 $1035.00 Shideler Spray Inc. $.085 $ 488.75 Prairie Marsh Inc. $.17 $ 977.50 Right of Way Management $.15 $ 862.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. for their low bid of four hundred eighty-eight dollars and seventy-five cents ($488.75). Mark Rodriguez made a motion to award the spray project for the Elijah Miller Arm #1 Open, Cause No. 9-1982, #587; to Shideler Spray Inc. for their total bid of four hundred eighty-eight dollars and seventy-five cents ($488.75); and being low bid. Richard Powell seconded the motion. Motion carried three to zero. IN REF: ELIJAH MILLER MAIN ARM OPEN SPRAY BID RECEIVED: CAUSE NO. 11-1982 #589 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.19 $894.90 Shideler Spray Inc. $.16 $753.60 Prairie Marsh Inc. $.17 $800.70 Right of Way Management $.15 $706.00 Chairman, Roger Rose, entertained a motion to award the spray project to Right of Way Management for their low bid of seven hundred and six dollars ($706.00). Mark Rodriguez made a motion to award the spray project for the Elijah Miller Main Arm Open, Cause No. 11-1982, #589; to Right of Way Management for their total bid of seven hundred and six dollars ($706.00); and being low bid. Richard Powell seconded the motion. Motion carried three to zero. IN REF: CLIFF MCGEE OPEN SPRAY BID RECEIVED: CAUSE NO. 3-1969 #581 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.18 $1472.40 Shideler Spray Inc. $.123 $1006.14 Prairie Marsh Inc. $.13 $1063.40 Right of Way Management $.28 $2290.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. for their low bid of one thousand and six dollars and fourteen cents ($1006.14). Richard Powell made a motion to award the spray project for the Cliff McGee Open, Cause No. 3-1969, #581; to Shideler Spray Inc. for their total bid of one thousand and six dollars and fourteen cents ($1006.14); and being low bid. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: J E OVERMYER OPEN, DUKE SPRAY BID RECEIVED: CAUSE NO. 11-1970 #600 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.18 $1288.80 Shideler Spray Inc. $.10 $ 716.00 Prairie Marsh Inc. $.12 $ 859.20 Right of Way Management $.25 $1790.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. for their low bid of seven hundred and sixteen dollars ($716.00). Mark Rodriguez made a motion to award the spray project for the J E Overmyer Open, Duke, Cause No. 11-1970, #600; to Shideler Spray Inc. for their total bid of seven hundred and sixteen dollars ($716.00); and being low bid. Richard Powell seconded the motion. Motion carried three to zero. IN REF: STEINKE WILSON,ARM #2, SPRAY BID RECEIVED: ELIAS MILLER, KERSEY FINNEY PROJECT AWARDED CAUSE NO. 3-1985 #649 The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.15 $8791.50 Shideler Spray Inc. $.092 $5392.12 Prairie Marsh Inc. $.097 $5685.17 Right of Way Management $.096 $5626.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. for their low bid of five thousand three hundred and ninety-two dollars and twelve cents ($5392.12). Mark Rodriguez made a motion to award the spray project for the Steinke Wilson, Arm #2, Elias Miller, Kersey Finney, Cause No. 3-1985, #649; to Shideler Spray Inc. for their total bid of five thousand three hundred and ninety-two dollars and twelve cents ($5392.12); and being low bid. Richard Powell seconded the motion. Motion carried three to zero. IN REF: JUD L HUDKINS OPEN SPRAY BID RECEIVED: CAUSE NO. 5-1998 #733 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.17 $1864.90 Shideler Spray Inc. $.10 $1097.00 Prairie Marsh Inc. $.097 $1064.09 Right of Way Management $.096 $1053.00 Chairman, Roger Rose, entertained a motion to award the spray project to Right of Way Management for their low bid of one thousand and fifty-three dollars ($1053.00). Mark Rodriguez made a motion to award the spray project for the Jud L Hudkins Open, Cause No. 5-1998, #733; to Right of Way Management for their total bid of one thousand and fifty-three dollars ($1053.00); being low bid. Richard Powell seconded the motion. Motion carried three to zero. IN REF: COSTELLO CLARY OPEN SPRAY BID RECEIVED: CAUSE NO. 14-1970 #678 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.15 $5367.00 Shideler Spray Inc. $.13 $4651.40 Prairie Marsh $.125 $4472.50 Right of Way Management $.14 $5009.00 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh Inc. for his low bid of four thousand four hundred seventy-two dollars and fifty cents ($4,472.50). Richard Powell made a motion to award the spray project for the Costello Clary Open, Cause No. 14-1970, #678; to Prairie Marsh Inc. for his total bid of four thousand four hundred seventy-two dollars and fifty cents ($4,472.50); and being low bid. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: J COSTELLO OPEN SPRAY BID RECEIVED: CAUSE NO. 7-1983 #527 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.16 $2777.60 Shideler Spray Inc. $.10 $1007.36 Prairie Marsh Inc. $.11 $1909.60 Right of Way Management $.11 $1909.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. for their low bid of one thousand and seven dollars and thirty-six cents ($1,037.60). Mark Rodriguez made a motion to award the spray project for the J Costello Open, Cause No. 7-1983, #527; to Shideler Spray Inc. for his total bid of one thousand and seven dollars and thirty-six cents ($1,037.60); and being low bid. Richard Powell seconded the motion. Motion carried three to zero. IN REF: AUSTIN TILDEN SPRAY BID RECEIVED: CAUSE NO. 13-1999 #766 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.17 $1790.10 Shideler Spray Inc. $.10 $1053.00 Prairie Marsh Inc. $.10 $1053.00 Right of Way Management $.14 $1474.00 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh Inc. for his low bid of one thousand fifty-three dollars ($1053.00) and being a local contractor. Mark Rodriguez made a motion to award the spray project for the Austin Tilden, Cause No. 13-1999, #766; to Prairie Marsh Inc. for his total bid of one thousand fifty-three dollars ($1053.00) and being a local contractor; and being low bid. Richard Powell seconded the motion. Motion carried three to zero. IN REF: KROM STINSON OPEN SPRAY BID RECEIVED: CAUSE NO. 4-1984 #570 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.18 $1382.40 Shideler Spray Inc. $.16 $1228.80 Prairie Marsh Inc. $.125 $ 960.12 Right of Way Management $.28 $2150.00 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh Inc. for his low bid of nine hundred and sixty dollars and twelve cents ($960.12). Richard Powell made a motion to award the spray project for the Krom Stinson Open, Cause No. 4-1984, #570; to Prairie Marsh Inc. for his total bid of nine hundred and sixty dollars and twelve cents ($960.12); and being low bid. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: LITTLE YELLOW CREEK SPRAY BID RECEIVED: CAUSE NO. 1-2000J #768 PROJECT AWARDED The Drainage Board determined that proper notice has been given to bid on the spraying of said drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS COST PER FOOT LUMP SUM The Daltons $.17 $1708.50 Shideler Spray Inc. $.10 $1005.00 Prairie Marsh Inc. $.139 $1396.95 Right of Way Management $.16 $1608.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. for his low bid of one thousand five dollars ($1005.00). Richard Powell made a motion to award the spray project for the Little Yellow Creek, Cause No. 1-2000J, #768; to Shideler Spray Inc. for their total bid of one thousand five dollars ($1005.00); and being low bid. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: JOE LEASURE TILE RECONSTRUCTION CAUSE NO. 5-1983 #577 REQUEST Fulton County Surveyor, Don Towne, stated landowner, Bruce Beehler, is requesting to have part of the said tile reconstructed. Don stated we are in the process of working on this. Richard Powell asked, “What happened to the time where they had to carry a petition?” Fulton County Surveyor, Don Towne, stated we can have that done. Chairman, Roger Rose, stated he would like to see a little more buy in, than just one individual. Roger stated we are going to a lot of work, if there is only one landowner on the ditch that wants the work done. It was discussed that the drain is located east of Grass Creek. Fulton County Surveyor, Don Towne, stated Bruce Beehler, the Smith’s, owns the majority of the farm ground and Harris Lease has some ground on it. After further discussion, Fulton County Surveyor, Don Towne, stated he would have Bruce Beehler carry a petition. IN REF: PLANNING GRANT Drainage Board Secretary, Jean Cloud, stated she was not able to contact Shannon McLeod about the Board’s concern on the public hearing. Jean stated she left a message on her voice mail. Jean stated she pulled the file on the Planning Grant Agreement. Jean stated under the term of the Grant agreement, states that all work and services must be completed by January 31, 2008. After further discussion, the Drainage Board feels that the public hearing needs to be postponed and extension filed. Jean stated she would get back to the Board as soon as she receives a call back from Shannon. IN REF: JUD L HUDKINS OPEN DISCUSSION CAUSE NO. 5-1998 #733 Fulton County Surveyor, Don Towne, stated they had been out there before the road gave out. Don stated you could see the ditch had already blown out and all the water was coming north across the road. Don stated he did not know why Troy Cowles had plugged the ditch. Don stated that forced all the water back into the pit. Don stated it just took everything out. Chairman, Roger Rose, asked Fulton County Surveyor, Don Towne, “What was the sequence of events there?” Fulton County Surveyor, Don Towne, stated he was not real clear. Fulton County Surveyor, Don Towne, showed the Drainage Board a map of the area. Don stated the ditch runs along County Road 100 South and turns. Don stated the water was not going down the ditch at all; it was going into the pit. Fulton County Surveyor, Don Towne, stated Troy Cowles blocked it, and thought he was protecting something. Don further stated in turn it blew the whole road, ditch and the pipes, and everything was flowing back into the pit. There was further discussion on this situation. Fulton County Surveyor, Don Towne, stated if a vehicle had been going down the road at the time it gave away, you would have ended up in the ditch and down in the pit. Fulton County Surveyor, Don Towne stated he is not sure what did happen and neither did County Highway Interim Superintendent, Mike Clark. IN REF: BALL GINTHER SHADEL UPDATE ON WORK CAUSE NO. 1-2006 #790 Drainage Board Secretary, Jean Cloud, stated she had received a letter from the Contractor, Henry Smith stating he hopes to have the project completed by April 1, 2008. In the letter he states he just got his excavator repaired. IN REF: LANDOWNER CONCERN Chairman, Roger Rose, stated that Richard Fox had contacted him about a ditch north of County Road 700 North. Roger further stated that Bill Lewis has the portion of the ditch cleaned out on his property and stated he understands the ditch needs cleaned out north of County Road 700. Chairman, Roger Rose, asked Fulton County Surveyor, Don Towne, if Bill Lewis had said anything about this. Don stated when Gene Horn had the landfill; he dipped out a portion of that ditch, because the landfill drained it to that drain. Fulton County Surveyor, Don Towne, stated the drain is on his property, and Don stated he would have to pay for the clean out if it is done. Don stated it is a county ditch, but it is not on maintenance. Richard Powell suggested that we put in on maintenance. Don stated that Bill Lewis has most of the acres, and he probably wouldn’t go for it. Don stated he tried to get the tile that goes up through his property and Bill Lewis’ property drains into the tile, and Don stated at the time he had talked with the landfill and it could have been done for a song, reconstructed the whole tile, and Bill Lewis would not go along with it. Don stated that is something he would like to do, but never had the extra money to do the clean out. Don further stated that it is the Shetterly Ditch. There was further discussion. IN REF: CONCERNS Chairman, Roger Rose, commented that the contractor had not been out to his property to try to locate a tile. Fulton County Surveyor, Don Towne, commented he had the Contractor on another project, and the Contractor had also been on vacation. Don also commented the weather has not been the best either. IN REF: JUD L HUDKINS OPEN FURTHER DISCUSSION CAUSE NO. 5-1998 #733 Vice Chairman, Richard Powell, asked if the gravel pit and ditch issue needs to be more defined. Fulton County Surveyor, Don Towne, commented that Troy Cowles did get closer to the ditch than we wanted him to. Don also commented that they said they would fix it all, and Don stated we would expect them to do that. Richard Powell stated they also said they would fix the road. Richard Powell stated the work should be done in a joint effort, which Richard was referring to the County Highway, in reference to the road. There was discussion that IMI has the gravel, and Don stated they were to start working on it today, but do not know if they meant the road or the ditch. There was further discussion on this issue. Being for further business to come before the Drainage Board, Chairman, Roger Rose, entertained a motion to adjourn the January 14 Drainage Board meeting at 4:20 P.M. E.S.T. Mark Rodriguez made a motion to adjourn at 4:20 P.M. E.S.T. Richard Powell seconded the motion. Motion carried three to zero. MAINTENANCE: Treasurer of Pulaski County 2007 Settlement $9,407.42 Treasurer of Miami County 2007 Settlement $ 616.92 Treasurer of Marshall County 2007 Settlement $ 562.32 Treasurer of Kosciusko County 2007 Settlement $2,023.86 Treasurer of Cass County 2007 Settlement $ 888.30 Enyart Contracting LLC James Weasner Open #795 $4,233.00 Enyart Contracting LLC Walsh-O’Brien #636 $ 153.00 Heltzel Construction Graham Arm #3 #546 $ 138.00 Treasurer of Fulton County Upper Mill Creek #762 $ 431.50 RECONSTRUCTION: Treasurer of Pulaski County 2007 Settlement $ 1.00 CLAIMS: Board Members $ 183.00 Clerical $1,830.84 Attorney $ 643.75 Rochester Telephone Co., Inc. $ 22.87 Rochester Sentinel $ 25.02 The Observer $ 30.26 FULTON COUNTY DRAINAGE BOARD ________________________________________ ________________________________________ ________________________________________ ________________________________________ Surveyor ATTEST:_________________________________ Jean E. Cloud, Drainage Board Secretary DRAINAGE BOARD JANUARY 14, 2008  PAGE 30 .0éƒëƒŒŒ Œ,Œ/Œ9Œ*,8;D'”3”5”A”D”L”?˜K˜M˜Y˜\˜d˜bœnœpœ|œœ‡œC O Q ] ` h O¤Z¤\¤i¤l¤v¤O¨Z¨]¨j¨m¨w¨uŹ€ŹƒŹŹ“ŹŹ›°Ś°Š°ś°š°Ă°Ÿ´Ş´Ź´š´ź´Ć´›¸Ś¸¨¸ľ¸¸¸Á¸ľźŔźÂźĎźŇźŰź­Ŕ¸ŔşŔÇŔĘŔŇŔÍÄŘÄÚÄçÄęÄňÄÉ%É'Éýýýűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűűű>*H*cĽŚ§ţ˙ŘŮ1 2 Š Ş Ť Í Î Ą ˘ Ô Ő ; < = > b ‰ Š ¨ýýýýýýýýýýýýýýýýýýýýýýýýýýýýýQ  ýý¨ŠľśČÉAB˜™\]•–Ţß &'?`€ýýýřřýýýýýýýýîýýýýýýýýýýýýý „Đ„0ý^„Đ`„0ý$a$‚˛ĺœdetuŸ DElm   =>˘Ł¤Řńýýýýóýýýýýýýýýýýýýýýýýýýýýýý „€„Đ^„€`„Đńň$%ŽHI›œ  ą ˛ K!L!V"W"ş"ť"$$]$^$.%/%w&x&ýýýýýýýýýýýýýýýýýýýýýýýýýýýýýx&Ł'¤'%)&)Î)Ď), ,(,),.. .Ą.Ž11ż2Ŕ2ß2ŕ2ü3ý35€5Ž66č6é6Ą7ýýýýýýýýýýýýýýýýýýýýýýýýýýýýýĄ7Ł788Ď8Đ8{9|9é9ę9$:%:f:g:L<M<>>2>3>@@AA˜A™A¤BĽBÄBĹBýýýýýýýýýýýýýýýýýýýýýýýýýýýýýĹBěDíD3E4E€EEYFZFĂFÄFGGÂGĂG H 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