╨╧рб▒с>■  KM■   J                                                                                                                                                                                                                                                                                                                                                                                                                                                ье┴7 Ё┐Є4bjbjUU *P7|7|┼0,      l\\\\\\\pммм8ф ЁDp╟╢@@VVVVVVFHHHHHH$} Э╝l\VVVVVl$\\VVБ$$$V.\V\VF$VF$"$F\\FV4 0цэ▓tя╔p<мДRFFЧ0╟FY ╓NY F$pp\\\\┘The Fulton County Drainage Board meet on Monday, May 11, 2209 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 Chairperson, Sherry S. Fulton, and Board Member, Stanley Musgrave. Also present were: Don Towne, Fulton County Surveyor; Tom Chudzynski, Assistant Surveyor; and Jean Cloud, Drainage Board Secretary. Greg Heller, Drainage Board Attorney arrived at 9:07 A.M. D.S.T. Chairman, Roger Rose, called the meeting to order at 9:03 A.M. D.S.T. Chairman, Roger Rose, asked for any additions or corrections to the Drainage Board minutes of April 13, 2009. Being no additions or corrections, Chairman, Roger Rose, entertained a motion to approve the April 13, 2009 Drainage Board minutes as presented. Sherry Fulton made a motion to approve the April 13, 2009 Drainage Board minutes as presented. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: AMMON BUCHER OPEN UPDATE ON WORK CAUSE NO. 27-1981J #521 BALL GINTHER SHADEL CAUSE NO. 1-2006 #790 Fulton County Surveyor, Don Towne, stated Henry Smith has the Bucher Open completed except on Mrs. StrongТs property. Don explained that her property has a hay field and she did not want the spoil leveled at this time. Don also commented she wants the spoil hauled away, because she did not want it leveled in her hay field. Don commented Mrs. Strong would do this on her own. Fulton County Surveyor, Don Towne, commented the Ball Ginther Shadel is not done. Drainage Board Secretary, Jean Cloud, commented she had called Henry Smith on Friday and asked him where he was on the Ball Ginther Shadel. Jean commented that Henry told her he was working on it, and he would let me know on Monday before Drainage Board meeting. Jean commented Jenny called this morning and Henry asked her to call and let me know that he would have the work done by the end of the week. Fulton County Surveyor, Don Towne, commented Henry had moved equipment to the Ball Ginther Shadel after the last meeting and had done a little work, but there is no way he will be able to finish it by the end of the week. There was further discussion on this issue. There was discussion on the specifications and contract of services that are given to the contractor. After further discussion, Drainage Board Attorney, Greg Heller, stated he would review the specifications and contract of services and possibly there needs to be language added. Stan Musgrave stated he would be in favor of not paying the contractor any more money until the work is completed if this is possible. Drainage Board Secretary, Jean Cloud, stated the bid on the project was $20,500.00 and he has been paid $10,000.00 as a draw, so there is $10,500.00 left to be paid on the bid. Chairman, Roger Rose, asked Drainage Board Attorney, Greg Heller, if this can be done. Drainage Board Attorney, Greg Heller, commented he would like to have a copy of the contract of services and specifications to review. IN REF: JAMES B. MAHAFFLEY TILE Fulton County Surveyor, Don Towne, stated this is a county tile of record and the outlet for said tile is Mill Creek southeast of the Rochester Foundry and then meanders south to behind the post office on Ninth Street. Don commented when the post office was built, all the water drains to the back corner and affects the neighbors in that area. Don further commented there was no drainage plans for this project. Don commented on the development plans there was to be a catch basin put in and there was none installed. After further discussion, Don commented the tile drains poorly and the outlet needs some work done on it. Don commented it is a county tile of record and not on maintenance. Don further commented when a drain is within a municipality; we normally do not do any thing with them. Don commented the gentleman that came in, stated he had contacted the Mayor and the Supervisor for the Water Department and they do not want to fix the problem. There was further discussion. Stanley Musgrave asked if a camera could be run up through the tile and see where the problem is. Fulton County Surveyor, Don Towne, commented this could be done, but it is expensive and if the water is murky and would not be able to see anything. After further discussion, Deputy Surveyor, Tom Chudzynski, stated the post office did give the gentleman claim forms to turn in for property damages. After further discussion, the decision was made for the Surveyor to set up a meeting with someone from the Board of Works, the Postmaster, and a Drainage Board member and discuss the problem. Fulton County Surveyor, Don Towne, asked the Board if the landowner should also attend. The Board felt the landowner would not need to attend the meeting. After brief discussion, Drainage Board Secretary, Jean Cloud, commented the gentlemen that was in asking about the issue, is not the actual landowner, he is speaking for the landowner. IN REF: EDDY CREEK DISCUSSION OF EROISON PROBLEMS CAUSE NO. 3-1999J #756 Fulton County Surveyor, Don Towne, commented on Rick GardenerТs property the banks are eroding. Chris Gardener works for NRCS, and NRCS has looked at the situation and they have given an estimate on cabling logs on that area, the estimate is approximately $6,000.00. Fulton County Surveyor, Don Towne, commented someway they cable logs and trees in an eroded area, but stated he is not familiar with how it is done. Chris Gardener is asking if the Drainage Board would help pay on the project. Fulton County Surveyor, Don Towne, commented the ditch banks are normally the landowners responsibility, but due to the heavy rains we have had, we have been trying to work with the landowners. Don commented the ditch needs cleaned out and reshaped. After further discussion, Don commented this would probably be a cost share project with NRCS. Don further commented he has no problem paying some on this project. The Board made no decision at this time. Addition at 6/8/09 meeting IN REF: SAMUEL STAHL OPEN DITCH DAMAGE CAUSE NO. 3-1988 #671 Fulton County Surveyor, Don Towne, commented he had Bill Widner touch up the ditch because the bank had given away in several places. Don explained on Fawnda FaganТs property the bank is giving away on the south side. Don stated this area is in a wooded area. Don further commented the bank is almost like quick sand. Don also commented he talked with the contractor to see if he had any suggestions on how to fix the banks to keep them from eroding. Don commented someone suggested a tile could be put inland on the bank and catch the water before it hits the bank and dump it in the ditch. Don stated that would be costly. Don further explained to the Board there is seepage in the bottom of the ditch, and commented the ditch is getting wider and sloppier. Drainage Board Secretary, Jean Cloud, commented she had also talked with Fawnda Fagan, and she had commented she was losing her driveway. Don stated her driveway is along the south side of the ditch bank and there is nothing we can do about it. Don further commented that pictures were taken of the damage and sent in with the other damages, which EMA had asked for all our ditch damages. After further discussion, Chairman, Roger Rose, commented the situation is the same as we discussed with the landowner before. Don responded, Уyes, the excessive rains we have been having it making it worse. Chairman, Roger Rose, commented we had told her at that time there was nothing we could do. There was much further discussion on the issue. IN REF: LITTLE YELLOW CREEK SMYTHE PROPERTY Board Member, Stan Musgrave, asked if the work had been done on the Smythe Property. Drainage Board Secretary, Jean Cloud, and Surveyor, Don Towne, commented no work has been done at this time. Drainage Board Attorney, Greg Heller, commented he has a Hold Harmless Agreement drafted. Drainage Board Secretary, Jean Cloud, commented the contractor has contacted the landowner and she wants additional work done. Jean commented the contractor gave her an estimate of $2500.00, which is a $1000.00 over what the Board agreed to pay. Jean commented she advised the contractor not to do any work until we have the Hold Harmless agreement signed. IN REF: BID LETTING Fulton County Surveyor, Don Towne, commented he would have bids on various ditches for next monthТs meeting. IN REF: CLAIMS Fulton County Surveyor, Don Towne, commented there are several tile repairs. Jesse Rude and Sean Gudas done most the repairs. There was further discussion. IN REF: INDIAN CREEK/GRASSY CREEK Drainage Board Secretary, Jean Cloud, commented she had talked with Cass County Commissioner, Dave Arnold. Dave said he would be with their Attorney and ask him to talk to the Judge and get this moving. Jean commented she had told Dave that we had taken a logjam out of Grassy Creek and paid for the work out of GDIF. IN REF: JOINT BOARD MEETING CHIPPEWANUCK CREEK Addition 6/8/09 Drainage Board Secretary, Jean Cloud, reminded the Board of the Joint Board organizational meeting on June 8 at 1:00 P.M. Jean commented she would contact Pulaski County to ask them for a Fifth Member to serve on the Joint Board. Surveyor, Don Towne, commented there would be a regular meeting immediately following the organizational meeting. IN REF: TOWN TILE LANDFILL AGREEMENT CAUSE NO. 2-2008 #800 Drainage Board Secretary, Jean Cloud, commented that Drainage Board Attorney, Greg Heller, had sent the agreement to her, and she had sent it on to Jeff Healy. Jean commented that Jeff was out of the office last week, and just received a response back from him this morning. Once he reviews it, he will get back with me, and then I will send it on to Marty Fallon at Shaw Environmental and the County Line Landfill. IN REF: GRANTS AVAILABLE Fulton County Surveyor, Don Towne, commented there is some grant money available, so he has worked up three (3) projects, the LN Bair, which includes the Wagoner Schuler Tile and the Good Tile; Minnow Creek; and the Sears and Leininger Tile. There is a $1,000,000.00 available for each project. Being no further business to come before the Board, Chairman, Roger Rose, entertained a motion to adjourn the May 11 Drainage Board meeting at 10:55 A.M. D.S.T. Sherry Fulton made a motion to adjourn the May 11 Drainage Board meeting at 10:55 A.M. D.S.T. Stan Musgrave seconded the motion. Motion carried three to zero. RECONSTRUCTION: Jesse Rude Grassy Creek $ 572.50 MAINTENANCE: Gudas Excavating Bailey Open Etal #505 $ 1,136.00 Gudas Excavating Stephen Bruce Tile #519 $ 537.28 Gudas Excavating Peter Busenburg Open #523 $ 1,200.99 Jesse Rude David Clevenger Tile #525 $ 431.60 Jesse Rude Davis & Beck Tile #529 $ 403.20 Gudas Excavating A A Gast Arm #3 Tile #542 $ 745.50 Gudas Excavating Wm Graham Open #545 $ 603.00 Gudas Excavating Wm Gottschalk Tile #547 $ 561.40 Jesse Rude Harsh Open #552 $ 515.00 Jesse Rude Nathan Hinesley Arm #1 #555 $ 388.30 Jesse Rude Nathan Hinesley Arm #3 #557 $ 423.50 Jesse Rude George King #568 $ 600.00 Ulerick and Bruntlett Ditching Joe Leasure Main Tile #577 $ 547.50 Jesse Rude Theodore J White Tile #634 $ 255.60 Widner & Sons Excavation, Inc. Stahl Open #671 $ 570.00 Jesse Rude Josephy Jeffries Tile #681 $ 237.40 Widner & Sons Excavation, Inc. Allen & Coplen Tile #690 $ 2,707.50 Heltzel Construction Bryant Leininger System #708 $ 259.00 Ulerick and Bruntlett Ditching McCaughey & McKessey #734 $ 658.25 Jesse Rude Little Yellow Creek #768 $ 470.00 Overmyer Excavating LLC Lucenia Smith #797 $24,000.00 CLAIMS: Board Members $ 183.00 Attorney $ 672.41 Clerical $1,837.36 Webbs Electronics/Radio Shack $ 17.58 Rochester Telephone Co., Inc. $ 23.20 FULTON COUNTY DRAINAGE BOARD ____________________________________________ ____________________________________________ ____________________________________________ ____________________________________________ Surveyor ATTEST:____________________________________ Jean E. 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