ĐĎॹá>ţ˙ ‘ţ˙˙˙Ž˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁ7 đżcˆbjbjUU *ş7|7|4„.˙˙˙˙˙˙l,,,,,,,@>/>/>/8v/Š/¤@q8ś:0:0P0P0P0P0P0P0đ7ň7ň7ň7ň7ň7ň7$'9 G;ž8,P0P0P0P0P08n3,,P0P0+8n3n3n3P0‚,P0,P0đ7n3P0đ7n3fn3Ô7,,Ô7P0.0 0qŤˇÉ@ţ->/Ň0˛Ô7Ô7A80q8Ô7<„1ę<Ô7n3@@,,,,ŮThe Fulton County Drainage Board meet on Monday, March 9, 2009 at 9:00 A.M. D.S.T. in the Conference Room of the Fulton County Office Building. Board members present were Chairman, Roger D. Rose, Vice Chairman, Sherry S. Fulton and Board Member, Stanley Musgrave. Also present were Tom Chudzynski, Assistant Surveyor; Jean Cloud, Drainage Board Secretary, Greg Heller, Drainage Board Attorney; Bruce Beehler; John A. Jones; Terry W. Weiss; Claudia Bailey; and Rick Gardner. It is duly noted that Don Towne, Fulton County Surveyor, was absent. Chairman, Roger Rose, called the meeting to order at 9:10 A.M. D.S.T. Chairman, Roger Rose, asked for any additions or corrections to the Drainage Board minutes of February 9, 2009. Being no additions or corrections, Chairman, Roger Rose, entertained a motion to approve the minutes of February 9, 2009 as presented. Stan Musgrave made a motion to approve the minutes of February 9, 2009 as presented. Sherry Fulton seconded the motion. Motion carried three to zero. IN REF: JOE LEASURE MAIN TILE DISCUSSION CAUSE NO. 5-1983 #577 Assistant, Tom Chudzynski, commented at last month’s meeting, our Attorney, Greg Heller, commented that a petition would not be required because it is for the reconstruction of a tile, which is classified on the long range plan as such. Chairman, Roger Rose, recapped the discussion from last month’s meeting. Roger stated our Attorney informed the Board there was no issue of having another hearing. Roger stated the other question is a practical matter, is it reasonable to think that there would be a different outcome? Roger further commented there are two (2) new Board members, and they are receptive to a new hearing. After further discussion, Chairman, Roger Rose, commented the intent of the Board is to schedule a hearing for the reconstruction of the tile, and it would probably be sometime during the summer months. After further discussion on the issue, Board Member, Stan Musgrave, commented it was mentioned about the Board going out to the site and look at the situation. Chairman, Roger Rose, commented this would be done after the hearing date is set and after receiving information from the Surveyor on the project. IN REF: CHARLES TOWN TILE UPDATE CAUSE NO. 2-2008 #800 Rick Gardner was in attendance to asked if said drain was going to be discussed. Drainage Board Secretary, Jean Cloud, commented the continued hearing for said drain would be on April 13. Jean also commented that notices would be sent out to landowners. IN REF: C B MASTELLAR OPEN BIDS RECEIVED: CAUSE NO. 19-1968 #689 WORK AWARDED The Drainage Board determined that proper notice has been given to bid on this drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: Chairman, Roger Rose, commented the Surveyor’s estimate is $14,000.00 with a completion date of May 1, 2009. CONTRACTOR LUMP SUM Ingram Excavating $13,500.00 Assistant Surveyor, Tom Chudzynski, explained one area of the ditch that was cleaned the last time, which was several years ago, the spoil was not leveled, so that will need to be done before the contractor can do the work this time. Tom also explained that a dragline will be used to clean out the ditch and there must be a level surface before work can be started. Tom further explained that is the reason the estimate is higher, than was originally discussed at the hearing. Claudia Bailey asked about which side of the ditch the contractor would be working on. Tom commented the contractor commented he would be working on the south west side on the Bailey property and then when he starts working on Carmen Smith’s property he would work on the opposite side of the ditch. Tom further explained that there is one section of the ditch which will be cleaned using one step removal, which means no spoil can touch the bank. The spoil must be put in a truck and hauled away from the area. Being no further discussion, Chairman, Roger Rose, entertained a motion to award the C B Mastellar Open, Cause No. 19-1968, #689 to Ingram Excavating for the total bid of $14,000.00. Sherry Fulton made a motion to award the C B Mastellar Open, Cause No. 19-1968, #689 in Henry Township; to Ingram Excavating for their total bid of $14,000.00 and being low bid and the only bid. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: E B COLLINS SPRAY BID RECEIVED: CAUSE NO. 16-1967 #657 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 $5,016.00 Prairie Marsh Inc. $.079 $2,085.60 Shideler Spray Inc. $.115 $3,036.00 Right of Way Management $.104 $2,745.60 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh, Inc. with his low bid of two thousand eighty-five dollars and sixty cents ($2,085.60). Sherry Fulton made a motion to award the spray project for the E B Collins, Cause No. 16-1967, #657; to Prairie Marsh, Inc. for his total bid of two thousand eighty-five dollars and sixty cents ($2,085.60); and being low bid. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: BALL GINTHER SHADEL OPEN SPRAY BID RECEIVED: CAUSE NO. 1-2006 #790 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 $2,053.90 Prairie Marsh, Inc. $.147 $1,589.07 Shideler Spray Inc. $.34 $3,675.40 Right of Way Management $.104 $1,124.24 Chairman, Roger Rose, entertained a motion to award the spray project to Right of Way Management with his low bid of one thousand one hundred twenty-four dollars and twenty-four cents ($1,124.24). Stan Musgrave made a motion to award the spray project for the Ball Ginther Shadel Open, Cause No. 1-2006, #790; to Right of Way Management for his total bid of one thousand one hundred and twenty-four dollars and twenty-four cents ($1,124.24); and being low bid. Sherry Fulton seconded the motion. Motion carried three to zero. IN REF: LEWIS BAILEY 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 $2,878.50 Prairie Marsh, Inc. $.094 $1,424.10 Shideler Spray Inc. $.206 $3,120.90 Right of Way Management $.11 $1,666.00 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh, Inc. with his low bid of one thousand four hundred twenty-four dollars and ten cents ($1,424.10). Sherry Fulton made a motion to award the spray project for the Lewis Bailey, Cause No. 2-1984, #505; to Prairie Marsh, Inc. for his total bid of one thousand four hundred and twenty-four dollars and ten cents ($1,424.10); and being low bid. Stan Musgrave 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 FT. LUMP SUM The Daltons $.19 $4,273.10 Prairie Marsh, Inc. $.087 $1,956.63 Shideler Spray Inc. $.15 $3,373.50 Right of Way Management $.12 $2,698.00 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh, Inc. with his low bid of one thousand nine hundred fifty-six dollars and sixty-three cents ($1,956.63). Stan Musgrave made a motion to award the spray project for Mud Creek, Cause No. 10-1980, #723; to Prairie Marsh, Inc. for his total bid of one thousand nine hundred and fifty-six dollars and sixty-three cents ($1,956.63); and being low bid. Sherry Fulton seconded the motion. Motion carried three to zero. IN REF: ISREAL LANDIS(BUCHER SYS) 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 $.19 $2,280.00 Prairie Marsh, Inc. $.169 $2,028.00 Shideler Spray Inc. $.205 $2,460.00 Right of Way Management $.15 $1,800.00 Chairman, Roger Rose, entertained a motion to award the spray project to Right of Way Management with his low bid of one thousand eight hundred dollars ($1,800.00). Sherry Fulton made a motion to award the spray project for Isreal Landis (Bucher Sys), Cause No. 27-1981J, #521; to Right of Way Management for his total bid of one thousand eight hundred dollars ($1,800.00); and being low bid. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: NATHAN PONTIOUS SPRAY BID RECEIVED: CAUSE NO. 6-1970 #601 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 $1,713.80 Prairie Marsh, Inc. $.119 $1,073.38 Shideler Spray Inc. $.12 $1,082.40 Right of Way Management $.18 $1,623.60 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh, Inc. with his low bid of one thousand seventy-three dollars and thirty-eight cents ($1,073.38). Stan Musgrave made a motion to award the spray project for the Nathan Pontious, Cause No. 6-1970, #601; to Prairie Marsh, Inc. for his total bid of one thousand seventy-three dollars and thirty-eight cents ($1,073.38); and being low bid. Sherry Fulton seconded the motion. Motion carried three to zero. IN REF: ADAM GRUBE OPEN SPRAY BID RECEIVED: CAUSE NO. 1-1985 #550 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 $8,519.60 Prairie Marsh, Inc. $.079 $3,542.36 Shideler Spray Inc. $.135 $6,053.40 Right of Way Management $.088 $3,945.92 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh, Inc. with his low bid of three thousand five hundred forty-two dollars and thirty-six cents ($3,542.36). Sherry Fulton made a motion to award the spray project for the Adam Grube Open, Cause No. 1-1985, #550; to Prairie Marsh, Inc. for his total bid of three thousand five hundred forty-two dollars and thirty-six cents ($3,542.36); and being low bid. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: ANANIAS BAKER OPEN SPRAY BID RECEIVED: CAUSE NO. 3-1984 #508 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 $10,362.60 Prairie Marsh, Inc. $.087 $ 4,744.98 Shideler Spray Inc. $.122 $ 6,653.88 Right of Way Management $.088 $ 4,799.52 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh, Inc. with his low bid of four thousand seven hundred forty-four dollars and ninety-eight cents ($4,744.98). Stan Musgrave made a motion to award the spray project for the Ananias Baker Open, Cause No. 3-1984, #508; to Prairie Marsh, Inc. for his total bid of four thousand seven hundred forty-four dollars and ninety-eight cents ($4,744.98); and being low bid. Sherry Fulton seconded the motion. Motion carried three to zero. IN REF: AGNES WAITE OPEN SPRAY BID RECEIVED: CAUSE NO. 1-1989 #672 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 $3,739.20 Prairie Marsh, Inc. $.079 $1,554.72 Shideler Spray Inc. $.09 $1,771.20 Right of Way Management $.088 $1,734.84 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh, Inc. with his low bid of one thousand five hundred fifty-four dollars and seventy-two cents ($1554.72). Sherry Fulton made a motion to award the spray project for the Agnes Waite Open, Cause No. 1-1989, #672; to Prairie Marsh, Inc. for his total bid of one thousand five hundred fifty-four dollars and seventy-two cents ($1,554.72); and being low bid. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: BRYANT & LEININGER OPEN SPRAY BID RECEIVED: CAUSE NO. 3-1993J #708 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 $7,384.35 Prairie Marsh, Inc. $.097 $3,769.91 Shideler Spray Inc. $.152 $5,907.48 Right of Way Management $.11 $4,275.00 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh, Inc. with his low bid of three thousand seven hundred sixty-nine dollars and ninety-one cents ($3,769.91). Stan Musgrave made a motion to award the spray project for the Bryant & Leininger Open, Cause No. 3-1993J, #708; to Prairie Marsh, Inc. for his total bid of three thousand seven hundred sixty-nine dollars and ninety-one cents ($3,769.91); and being low bid. Sherry Fulton seconded the motion. Motion carried three to zero. IN REF: E TIPPY OPEN SPRAY BID RECEIVED: CAUSE NO. 45-1967 #629 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 $1,911.40 Prairie Marsh, Inc. $.137 $1,378.22 Shideler Spray Inc. $.18 $1,810.80 Right of Way Management $.14 $1,408.40 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh, Inc. with his low bid of one thousand three hundred seventy-eight dollars and twenty-two cents ($1,378.22). Sherry Fulton made a motion to award the spray project for the E Tippy Open, Cause No. 45-1967, #629; to Prairie Marsh, Inc. for his total bid of one thousand three hundred seventy-eight dollars and twenty-two cents ($1,378.22); and being low bid. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: THOMPSON,WYNN, RANNELS OPEN SPRAY BID RECEIVED: CAUSE NO. 45-1987 #664 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 $ 756.20 Prairie Marsh, Inc. $.097 $ 386.06 Shideler Spray Inc. $.15 $ 597.00 Right of Way Management $.15 $ 597.00 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh, Inc. with his low bid of three hundred eighty-six dollars and six cents ($386.06). Stan Musgrave made a motion to award the spray project for the Thompson, Wynn, Rannels Open, Cause No. 45-1987, #664; to Prairie Marsh, Inc. for his total bid of three hundred sixty-six dollars and six cents ($386.06); and being low bid. Sherry Fulton seconded the motion. Motion carried three to zero. IN REF: WILLOW CREEK SPRAY BID RECEIVED: CAUSE NO. 2-1995 #714 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 $6,441.00 Prairie Marsh, Inc. $.089 $3,017.10 Shideler Spray Inc. $.112 $3,796.80 Right of Way Management $.097 $3,288.00 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh, Inc. with his low bid of three thousand seventeen dollars and ten cents ($3,017.10). Sherry Fulton made a motion to award the spray project for the Willow Creek, Cause No. 2-1995, #714; to Prairie Marsh, Inc. for his total bid of three thousand seventeen dollars and ten cents ($3,017.10); and being low bid. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: JONAS ROUCH OPEN SPRAY BID RECEIVED: CAUSE NO. 5-1997 #732 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 $2,403.50 Prairie Marsh, Inc. $.087 $1,100.55 Shideler Spray Inc. $.155 $1,960.75 Right of Way Management $.088 $1,113.20 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh, Inc. with his low bid of one thousand one hundred dollars and fifty-five cents ($1,100.55). Stan Musgrave made a motion to award the spray project for the Jonas Rouch Open, Cause No. 5-1997, #732; to Prairie Marsh, Inc. for his total bid of one thousand one hundred dollars and fifty-five cents ($1,100.55); and being low bid. Sherry Fulton seconded the motion. Motion carried three to zero. IN REF: EMANUEL RANS OPEN SPRAY BID RECEIVED: CAUSE NO. 2-1991 #606 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 $1,314.80 Prairie Marsh, Inc. $.117 $ 809.64 Shideler Spray Inc. $.127 $ 878.84 Right of Way Management $.195 $1,349.40 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh, Inc. with his low bid of eight hundred nine dollars and sixty-four cents ($809.64). Sherry Fulton made a motion to award the spray project for the Jonas Rouch Open, Cause No. 2-1981, #606; to Prairie Marsh, Inc. for his total bid of eight hundred nine dollars and sixty-four cents ($809.64); and being low bid. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: MCCAUGHEY & MCKESSEY SPRAY BID RECEIVED: CAUSE NO. 1-1997 #734 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 $ 410.40 Prairie Marsh, Inc. $.139 $ 300.24 Shideler Spray Inc. $.115 $ 248.40 Right of Way Management $.24 $ 518.40 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. with his low bid of two hundred forty-eight dollars and forty cents ($248.40). Stan Musgrave made a motion to award the spray project for the McCaughey & McKessey, Cause No. 1-1997, #732; to Shideler Spray Inc. for his total bid of two hundred forty-eight dollars and forty cents ($248.40); and being low bid. Sherry Fulton seconded the motion. Motion carried three to zero. IN REF: JAMES HINES OPEN SPRAY BIDS RECEIVED: CAUSE NO. 3-2007 #764 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 $3,228.10 Prairie Marsh, Inc. $.079 $1,342.21 Shideler Spray Inc. $.146 $2,480.54 Right of Way Management $.11 $1,868.00 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh, Inc. with his low bid of one thousand three hundred forty-two dollars and twenty-one cents ($1,341.21). Sherry Fulton made a motion to award the spray project for the James Hines Open, Cause No. 3-2007, #764; to Prairie Marsh, Inc. for his total bid of one thousand three hundred forty-two dollars and twenty-one cents ($1,341.21); and being low bid. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: JAMES WEASNER OPEN SPRAY BIDS RECEIVED: CAUSE NO. 2-2007 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 $4,761.40 Prairie Marsh, Inc. $.079 $1,979.74 Shideler Spray Inc. $.113 $2,831.78 Right of Way Management $.11 $2,430.82 Chairman, Roger Rose, entertained a motion to award the spray project to Prairie Marsh, Inc. with his low bid of one thousand nine hundred seventy-nine dollars and seventy-four cents ($1,979.74). Stan Musgrave made a motion to award the spray project for the James Weasner, Cause No. 2-2007, #795; to Prairie Marsh, Inc. for his total bid of one thousand nine hundred and seventy-nine dollars and seventy-four cents; ($1,979.74) and being low bid. Sherry Fulton seconded the motion. Motion carried three to zero. IN REF: ALLEN & COPLEN TILE & OPEN SPRAY BIDS RECEIVED: CAUSE NO. 23-1968 #690 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 $535.80 Prairie Marsh, Inc. $.197 $555.54 Shideler Spray Inc. $.12 $338.40 Right of Way Management $.25 $705.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. with his low bid of three hundred thirty-eight dollars and forty cents ($338.40). Sherry Fulton made a motion to award the spray project for the Allen & Coplen Tile & Open, Cause No. 23-1968, #690; to Shideler Spray Inc. for his total bid of three hundred thirty-eight dollars and forty cents ($338.40); and being low bid. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: DURKES & ORR SPRAY BIDS RECEIVED: CAUSE NO. 2-2006 #791 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 $630.80 Prairie Marsh, Inc. $.127 $421.64 Shideler Spray Inc. $.12 $398.40 Right of Way Management $.25 $830.00 Chairman, Roger Rose, entertained a motion to award the spray project to Shideler Spray Inc. with his low bid of three hundred ninety-eight dollars and forty cents ($398.40). Stan Musgrave made a motion to award the spray project for the Durkes and Orr, Cause No. 2-2006, #791; to Shideler Spray Inc. for his total bid of three hundred ninety-eight dollars and forty cents ($398.40).; and being low bid. Sherry Fulton seconded the motion. Motion carried three to zero. IN REF: DEAN NEFF OPEN SPRAY BIDS RECEIVED: CAUSE NO. 6-1985 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 $13,119.50 Prairie Marsh, Inc. $.085 $ 5,869.25 Shideler Spray Inc. $.115 $ 7,940.75 Right of Way Management $.088 $ 6,076.40 Chairman, Roger Rose, entertained a motion to award the spray project to Prarie Marsh, Inc. with his low bid of five thousand eight hundred sixty-nine dollars and twenty-five cents ($5,869.25). Sherry Fulton made a motion to award the spray project for the Dean Neff Open, Cause No. 6-1985, #653; to Prairie Marsh, Inc. for his total bid of five thousand eight hundred sixty-nine dollars and twenty-five cents ($5,869.25); and being low bid. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: SWEETGUM ROAD WATER PROBLEM Assistant Surveyor, Tom Chudzynski, stated Plan Director, Casi Cramer, had received an email from an individual complaining of water on the road at Kuert Concrete. Tom further explained there is no detention area at their facility. Tom further explained that it would have been grandfathered in when zoning came into effect, because it was an existing business. Tom commented this is on Sweetgum Road. Tom stated they had gone out and looked at the situation and there was water on the road. Tom commented he feels if the County Highway could put a side ditch along the side of the road, it would help the situation. Chairman, Roger Rose, asked if there had been problems in this area before. Tom commented he was not aware of any problems, but whoever sent the email to the County Highway commented that is was a regular occurring problem. After brief discussion, Tom commented he wanted the Board to be aware of this issue. Chairman, Roger Rose, commented the first step in taking care of this issue is to talk with the County Highway and see if there is anything they can do to help eliminate the problem. IN REF: ROADING CROSSINGS DISCUSSION ON DITCH PROJECTS Assistant Surveyor, Tom Chudzynski, commented the County Highway Superintendent, Dave Tofson, had concerns about the County Highway paying for road crossings on ditch projects. Assistant Surveyor, Tom Chudzynski, and Secretary, Jean Cloud, commented there is a State Statute that covers this issue. The Statute states whoever owns the public road is responsible for the expense. Jean commented she had contacted Tammy White at the State Board of Accounts, and she responded that we must follow the guidelines and IC 36-9-27-71, and the commented that the County Highway Departments are limited as to what monies can be used for construction, reconstruction and maintenance of county highways. IN REF: BUCHER OPEN UPDATE CAUSE NO. 27-1981J #521 ON BID WORK Assistant Surveyor, Tom Chudzynski, reported Henry Smith has almost all the brushing done on said drain. Tom commented since all the ditches are running full from the recent rains, Henry will have to wait until the water goes down before he can start dredging. Tom further commented that Henry has his excavator and he will be renting another excavator, so Henry will have two (2) excavators on the job. IN REF: BALL GINTHER SHADEL LANDOWNER CONCERN CAUSE NO. 1-2006 #790 Assistant Surveyor, Tom Chudzynski, commented Don VanHorn was in the office prior to today’s meeting inquiring when the work was going to be completed on said drain. IN REF: UPPER MILL CREEK UPDATE CAUSE NO. 9-1999 #762 ON BID WORK Assistant Surveyor, Tom Chudzynski, commented Kirk Ingram has the work almost completed, except for the leveling of the spoil. IN REF: MILL CREEK ARM #2 & FRY DITCH UPDATE CAUSE NO. 1-1994 #712 ON BID WORK Assistant Surveyor, Tom Churdzynski, commented that LDP Excavating has the work almost completed, except for the leveling of the spoil. IN REF: LITTLE YELLOW CREEK UPDATE CAUSE NO. 1-2000J #768 ON BID WORK Assistant Surveyor, Tom Chudzynski, commented Jesse Rude is working on the project. Tom commented the Harsh and Kesler Arm, which dumps into Little Yellow Creek, needed some work done on it, so Jesse has that work completed. Tom stated Jesse would be renting a longer stick for his excavator in order to finish the work on Little Yellow Creek. IN REF: MILL CREEK Board Member, Stan Musgrave, asked if there were two (2) Mill Creeks in the County. Assistant Surveyor, Tom Chudzynski, explained there are actually three (3) in the County. Tom explained Mill Creek runs through the town of Fulton, which is a conservancy, and runs through our County and ends up in Pulaski County. Tom explained a different Mill Creek also goes through Rochester, and then there is Little Mill. Jean Cloud commented Little Mill is also called Willow Creek. There was discussion on conservancies. IN REF: CHARLES TOWN TILE UPDATE ON CAUSE NO. 2-2008 #800 AGREEMENT Drainage Board Attorney, Greg Heller, commented he wants to apologize that he does not have the agreement drafted. Greg stated he would try and get it done by the end of the week. IN REF: MARTIN ULERICK OPEN JOINT W/CASS COUNTY #632 Drainage Board Secretary, Jean Cloud, stated she had received an email from Cass County Surveyor. Jean explained that the said drain is a joint drain with Cass County and Cass County is doing a project in their county and wants to raise the maintenance on the drain by twenty-five percent (25%) per State Statute 36-9-27-42. Cass County Surveyor is asking that we allow them to go ahead and raise the maintenance and waive holding a joint board meeting to do the increase. Being no further discussion, Chairman, Roger Rose, entertained a motion to allow Cass County Drainage Board to raise the maintenance on said drain by twenty-five percent (25%) per IC 36-9-27-71 and waive our rights to hold a joint meeting on said drain. Sherry Fulton made a motion to allow Cass County Drainage Board to raise the maintenance on said drain by twenty-five percent (25%) per IC 36-9-27-71 and waive our rights to hold a joint meeting on said drain. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: HANNAH DUBOIS ARM #2 OPEN DISTRIBUTION OF CAUSE NO. 2-1982 #532 MAINTENANCE FUND Drainage Board Secretary, Jean Cloud, commented when the Lucenia Smith Open was set up on maintenance this drain was included in the system. Jean explained the Joint Board decided that the maintenance fund be distributed to the landowners. Jean stated there were 219.65 benefited acres in said watershed and a total of $2,574.52 in the maintenance fund. Jean stated she figured a percentage and the money will be applied to the first year assessment (2009) for the landowners on said ditch, which will be paying on the Lucenia Smith Open. Being no further business to come before the Board, Chairman, Roger Rose, entertained a motion to adjourn the March 9, 2009 Drainage Board meeting at 11:38 A.M. D.S.T. Sherry Fulton made a motion to adjourn the March 9, 2009 Drainage Board meeting at 11:38 A.M. D.S.T. Stan Musgrave seconded the motion. Motion carried three to zero. MAINTENANCE: Gudas Excavating Stephen Bruce #519 $ 3,803.75 Ogle’s Backhoe Service Isaac Sears Tile #612 $ 1,356.57 Jesse Rude Harsh & Kesler Tile & Open #707 $ 1,880.00 LDP Excavating Mill Creek Arm #2 Open & Fry Arm $15,920.50 Overmyer Excavating LLC Mud Creek #723 $28,156.50 Gudas Excavating Fouts Open #754 $ 3,989.50 O-Henry’s Backhoe & Exc. Bucher Open #521 $ 8,000.00 CLAIMS: Board Members $ 183.00 Attorney $ 672.41 Clerical $1,837.36 Quill Corp. $ 90.45 Rochester Telephone Co., Inc. $ 23.20 FULTON COUNTY DRAINAGE BOARD __________________________________________ Roger D. Rose, Chairman __________________________________________ Sherry S. Fulton, Vice Chairman __________________________________________ Stanley L. Musgrave, Board Member __________________________________________ Surveyor ATTEST:__________________________________ Jean E. 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