ĐĎॹá>ţ˙ `bţ˙˙˙_˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁ7 đż.WbjbjUU &t7|7|S,˙˙˙˙˙˙l‚‚‚‚‚‚‚–ZZZ8’ ž\–?#śž"Ŕ"Ŕ"Ŕ"Ŕ"Ŕ"Ŕ"$ő# &şä"‚ä"‚‚ů""‚‚ž"ž".ž"‚‚ž"ú €şrŢÄČ–ÄZ>^ž"ž"#0?#ž"Ď&œôĎ&ž"––‚‚‚‚ŮThe Fulton County Drainage Board met on the 12th of May 2008 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, Richard A. Powell; and Board Member, Mark J. Rodriguez. Also present were, Don Towne, Fulton County Surveyor; Tom Chudzynski, Assistant Surveyor; Jean Cloud. Drainage Board Secretary; and Greg Heller, Drainage Board Attorney. Chairman, Roger Rose called the meeting to order at 9:06 A.M. D.S.T. Chairman, Roger Rose, asked for any additions or corrections to the April 14, 2008 Drainage Board minutes. After additional information was added to the April 14, 2008 Drainage Board minutes, Chairman, Roger Rose, entertained a motion to accept the April 14, 2008 Drainage Board minutes as amended. Richard Powell made a motion to accept the April 14, 2008 Drainage Board minutes as amended. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: INDIAN CREEK/GRASSY CREEK DISCUSSION Fulton County Surveyor, Don Towne, stated Randy Sommers had contacted him about the double pipes on the Indian Creek/Grassy Creek on his property had collected a lot of trash and was asking about cleaning them out and ask if the Drainage Board would pay to have this done. Fulton County Surveyor, Don Towne, stated the ditch is not set up on maintenance. Don further stated that this is the drain we are trying to set up on maintenance, but it is presently in litigation. Don further stated he knows Cass County has spent a few dollars pulling out beaver dams. Don further stated we had Kirk Ingram clean out the pipes and trash on George Hendrickson, which is only a mile or two from this point. After further discussion, Chairman, Roger Rose, entertained a motion to go ahead and clean the obstruction out of the culverts on County Road 1000 W on Randy Sommers property and pay the claim out of the General Drain Improvement Fund. Richard Powell made a motion to go ahead and clean the trash out of the pipes on County Road 1000 W on Randy Sommers property and pay the claim out of the General Drain Improvement Fund. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: ROUCH DITCH #2 TILE HEARING SET:INCREASE CAUSE NO. 4-1971 #604 MAINTENANCE RATE Fulton County Surveyor, Don Towne, stated the present rate on said drain is one dollar and forty cents ($1.40) per benefited acre with a five dollar ($5.00) minimum. Don stated he is proposing to increase the maintenance rate to five dollars ($5.00) a benefited acre with a ten dollar ($10.00) minimum. Don stated on County Road 600 South and County Road 150 W and on the corner is Kathy Rentschler’s property. Don further stated there are a couple trees in her yard and the county tile is located near the trees on her property. Don further stated about five (5) years ago we took down several trees, but they stopped them from taking all of the trees. One tree was left for shading her home. Don stated we were working with the County Highway at the time the trees were removed. Don stated the tile is plugged and he had Jesse Rude go out and see if he could find where the tile was plugged. Don stated Jesse ran a jet router up through the tile a couple of times. Don further stated that the tree needs to be taken down, but the landowner does not want to lose her tree. Don stated normally we just take the tree down and don’t say too much, but since the tree is in her yard, I am trying to work around that as best as possible. Don stated this was to be a few hours project and ended up a three (3) day project. Don also stated there is also soil problems and the Fulton sewer lines and the utilities are also in this area. Don stated we have spent several dollars and still have a problem. Don stated he would like to start at the riser and replace the old tile with solid tile. Don stated he would like to do the work in August, when it is dry and bypass the tree. Don further stated the maintenance fund for said drain will be in the red over a thousand dollars ($1,000.00) with the work that was just done. Drainage Board Secretary, Jean Cloud, stated the annual assessment is approximately three hundred and forty-nine dollars ($349.00) a year. Jean further stated the fund has not been assessed for several years. Fulton County Surveyor, Don Towne, stated the neighbors want to get the new tile put in, but their argument will be to remove the tree and not reroute the tile. Don further stated he was just trying to get the tile opened for the farmers and save the tree for the landowner. After further discussion, the Drainage Board decided to set a hearing date to increase the maintenance rate on the said drain. Chairman, Roger Rose, entertained a motion to set the hearing to increase the maintenance rate on the Rouch Ditch #2 Tile, Cause No. 4-1971; #604; in Liberty Township, Fulton County; to be held on Monday, August 11, 2008 at 9:30 A.M. D.S.T. in the Conference Room of the Fulton County Office Building. Richard Powell made a motion to set the hearing to increase the maintenance rate on the Rouch Ditch #2 Tile, Cause No. 4-1971; #604; in Liberty Township, Fulton County; to be held on Monday, August 11, 2008 at 9:30 A.M. D.S.T. in the Conference Room of the Fulton County Office Building. Mark Rodriguez seconded the motion. Motion carried three to zero. COMES NOW, the Fulton County Surveyor presents to the Drainage Board a report for the purpose of increasing the maintenance rate for the Rouch Ditch #2 Tile, Cause No. 4-1971; #604; Liberty Township, Fulton County. Richard Powell made a motion to propose an increase in the maintenance rate from one dollar and forty cents ($1.40) per benefited acre with a five dollar ($5.00) minimum to five dollars ($5.00) per benefited acre with a ten dollar ($10.00) minimum. Mark Rodriguez seconded the motion. Motion carried three to zero. The Drainage Board now prepares its Schedule of Assessments which schedule contains a description, which has been taken from the Surveyor’s Report. The said Schedule of Assessments as passed by the Drainage Board in the captioned drain, which is attached hereto and made a part hereof, shows the percent of the estimated cost for the increasing the maintenance rate for the landowners of the drain to be assessed against each of the said tracts of land which percentage being based upon the benefit of each tract of land for such proposed increase in the maintenance rate. The percent allocated to all land benefited one hundred percent. Notices to be sent as per Indiana Statute, the hearing date to be set for Monday, August 11, 2008 at 9:30 A.M. local time in the Conference Room in the Fulton County Office Building. IN REF: JUD L. HUDKINS OPEN UPDATE CAUSE NO. 5-1998 #733 Fulton County Surveyor, Don Towne, asked Drainage Board Attorney, Greg Heller, about the Grant of Easement. Greg stated John Hancock Life Insurance representatives came back with several additions and he had reviewed the changes. Greg stated he added at the end on the one paragraph the following: “except as enumerated in our drainage statute”. Greg stated he wanted to make sure that we still have the seventy-five (75) foot right of way as stated per Statute. Greg further stated that Drainage Board Secretary, Jeanie Cloud, would email the easement with the additional information back to them. Greg stated he does not feel the additional statement would create any problems. There was further discussion on when to do the work. The consensus of the Board is to proceed with the work once we get the signed easement back from the property owner. There was further discussion as to what needs to be done with the signed agreement once it is returned to us. Drainage Board Attorney, Greg Heller, stated once we get the signed easement back, it would need to be recorded. Vice Chairman, Richard Powell, asked if we need to get someone lined up to do the work. Fulton County Surveyor, Don Towne, stated that IMI has offered to do the work. Chairman, Roger Rose, commented the Drainage Board is giving the Surveyor the green light to proceed with the work once we have the signed agreement back. Fulton County Surveyor, Don Towne, asked the Board if they wanted him to get a couple of estimates for the project. Chairman, Roger Rose, stated it would be best to have a couple of estimates. Being no further discussion, Chairman, Roger Rose, entertained a motion to approve the modification that Drainage Board Attorney, Greg Heller, made to the Grant of Easement to the John Hancock Life Insurance to the Fulton County Commissioners for the purpose of relocating the section of the Jud L. Hudkins Open on their property. Mark Rodriguez made a motion to approve the modification made by Drainage Board Attorney, Greg Heller, to the Grant of Easement to the John Hancock Life Insurance to the Fulton County Commissioners for the purpose of relocating the section of the Jud L. Hudkins Open on their property. Richard Powell seconded the motion. Motion carried three to zero. Fulton County Surveyor, Don Towne, stated that another expense on this project would be to extend the eighteen (18) inch culvert under the road on over to the ditch. IN REF: J DAY DITCH UPDATE Fulton County Surveyor, Don Towne, stated at last month’s meeting he had asked to spend fifteen hundred dollars ($1500.00) out of the GDI Fund. Don further stated that he had asked Kosciusko County if they would help pay on the ditch, since the ditch is set up on maintenance in their county. Don stated Kosciusko County decided not to help fund the project, because they do not have plentiful funds on the drain in their county. Don further stated if Groninger does not help pay on the clean out of the ditch, we will not be able to do all the work. Don stated we will do part of the ditch in order to protect the Bucher Open. Don further stated that Kosciusko County would help us in setting up our portion of the ditch on maintenance, but Don stated in his opinion he could not justify setting up the entire system. Don further stated the portion of ditch in our county is their outlet. There was further discussion that the drain in their county is on maintenance, under a different name, but if we set the ditch in our county up on maintenance, then the landowners in their county would also be in the watershed and be required to pay maintenance on our portion also. IN REF: ALLEN AND COPLEN TILE & OPEN DISCUSSION CAUSE NO. 23-1968 #690 Fulton County Surveyor, Don Towne, stated a landowner did some tiling and changes need to be made to the landowners’ assessments, but we need to do some investigating on what was done. Don stated he would bring this back to the Board at next month’s meeting. IN REF: ELIJAH MILLER OPEN DISCUSSION CAUSE NO. 8-1980 #586 Fulton County Surveyor, Don Towne, explained that the said drain goes over to Eddy Creek. Don explained that a portion of the drain was cleaned out a few years ago. Don stated that landowner, Larry Burch, came into the office asking about the arm south off of the said drain. Don explained what started this situation was that landowner, Luke Riley, had horses in the field and now Don stated that his Dad, Bryon Towne, now has cows in the field and both the horses and the cows are in the ditch. Don stated there is also an argument between Riley and Burch about putting in a new fence. Don stated that Larry Burch stated back in the 80’s the ditch was cleaned under maintenance. Don stated it is a gray area as to when the ditch was set up, what arms were included in the maintenance. Don stated we went back in the minutes and found there was a comment made at that time to go ahead and clean the south arm and the cost was going to be approximately six hundred dollars ($600.00), and the Drainage Board at that time passed to do the work, but we could not find in the records where we paid for the work done. After much discussion, Don stated he had talked with Chairman, Roger Rose, about this situation, and with the situation being a gray area, it was discussed to go ahead and clean out the six hundred (600) feet and using money out of the GDI Fund and making it very clear that this will be done one time only. Don stated he got in touch with contractor, Kirk Ingram, and he has cleaned the six hundred (600) feet of open ditch. After further discussion, Don stated the ditch is right down the property line of Burch and Riley. Don further stated now that the ditch is cleaned the new fence will go on Riley’s side to keep the cattle out of the ditch, the length of the ditch, then it will go back on the property line. Chairman, Roger Rose, stated his understanding from Don is that the landowners were told, once the ditch is cleaned out, the new fence would need to be installed. Don stated the Richland Township Trustee is involved in the fence situation. After further discussion, Chairman, Roger Rose, entertained a motion that the clean out of the south arm of the Elijah Miller Open was a one time only authorization by Chairman, Roger Rose, with the provision that the property owners involved install a fence to exclude livestock from the ditch for the future. The ditch hereafter will be considered a private arm of the open ditch. Fulton County Surveyor, Don Towne, and Chairman, Roger Rose, stated the work on the arm has been completed per their previous discussion. Mark Rodriguez made a motion to approve the decision made by the Fulton County Surveyor and the Chairman of the Drainage Board, and that the work done on the now called private arm and will be paid for out of the GDI Fund this one time only. Richard Powell seconded the motion. Motion carried three to zero. IN REF: LUCINDA SMITH OPEN UPDATE Drainage Board Secretary, Jean Cloud, stated she received a letter from the Miami County Drainage Board stating they want the Joint Board meeting to be held on June 17th at 9:00 A.M. local time. Jean further stated she would contact the Pulaski County Drainage Board and ask if they would appoint someone from their Board to serve as a Fifth Member on our Joint Drainage Board. IN REF: RESOLUTION FOR REVIEW AND ADOPT INTRA-COUNTY RESOLUTION 051208 Drainage Board Secretary, Jean Cloud, stated the County Auditor, Denise Chandler, in reference to the County Council asking to borrow money from our GDI Fund, had contacted her. Jean further stated the Council meets on Tuesday, May 13 and would like to have an adopted resolution from the Drainage Board allowing the County Council to borrow money in the event money is needed in County General to pay claims, because the 2007 tax billing payable 2008 has not been done at this time. Jean further stated she had discussed this issue with Chairman, Roger Rose, and agreed upon that up to eight hundred thousand dollars ($800,000.00) could be loaned to County General and must be repaid by December 31, 2008 at an interest rate of 0% per annum. There was discussion about what was borrowed last year. Jean stated she had drafted a resolution allowing the County Council to borrow money from the GDI Fund, and she had Drainage Board Attorney, Greg Heller, review the Resolution. After further discussion, Chairman, Roger Rose, entertained a motion to adopt the Resolution for Intra-County Loan Resolution 051208. Richard Powell made a motion to adopt the Resolution for Intra-County Loan Resolution 051208. Mark Rodriguez seconded the motion. Motion carried three to zero. RESOLUTION FOR INTRA-COUNTY LOAN RESOLUTION 051208 WHEREAS, the County has not been able to do tax billing for the year of 2007 payable 2008 and; WHEREAS, Fulton County has dedicated funds which may be borrowed for intra-governmental loans upon resolution; and WHEREAS, said loans shall be paid from tax receipts distributed by county officials by December 31, 2008. BE IT THEREFORE ORDAINED that the Fulton County Drainage Board approves the loan of a maximum of eight hundred thousand dollars ($800,000.00) from the General Drain Improvement Fund payable not later than December 31, 2008 for the County General Fund. BE IT FURTHER ORDAINED that the Fulton County shall pay the principal plus interest at the rate of 0% per annum. Approved by the Fulton County Drainage Board adopting this Resolution #051208 this 12th day of May 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: PLANNING GRANT UPDATE Drainage Board Secretary, Jean Cloud, stated she had received an email from Shannon McLeod asking for me to review the minutes. Shannon stated she would be mailing a copy of the Environmental Study and her invoice within the next couple of weeks to me. Jean also stated she had received an email from Jeff Healy asking about how soon he needed to get figures me on the Akron project. Jean stated she had responded to Jeff that this would be discussed at today’s meeting and she would then get back to him. After further discussion, the consensus of the Drainage Board decided to set a public hearing date for sometime after the first week of November. There will be more discussion at a later date. IN REF: BOARD CONCERNS Richard Powell asked the Surveyor, Don Towne, if he had a cost scale to know if the contractor is not over or under charging on a job. Don responded to the inquiry by saying the contractor doing the repairs for us at the present is in that window, and we are glad we have someone to have someone do the repairs for us. Don further stated that the last two (2) weeks Jesse Rude and Kirk Ingram has been working on repairs. Richard Powell stated that Alan Wentzel had asked about a ditch that O-Henry does not have done yet. Drainage Board Secretary, Jean Cloud, stated it is the Ball Ginther Shadel that O-Henry has not been completed. The work was to be completed over a year ago. Richard Powell asked, “What are our options?” After further discussion, Drainage Board Attorney, Greg Heller, stated it should be covered in the contract that the contractor signs. Fulton County Surveyor, Don Towne, commented that if we take the work away from O-Henry and re-bid the project, it would probably be more money. Don further stated the arm of the ditch is what is not completed. After further discussion, it was decided to have Drainage Board Attorney, Greg Heller, to send a letter to O-Henry. IN REF: PRATER PROPERTY UPDATE Chairman, Roger Rose, stated he went and looked at the sinkhole. Roger stated he had talked with several people and in his opinion the sinkhole is not the result of a drain breakdown. Roger stated he feels something has been buried at that location and it has collapsed. Roger further stated the area is very pronounced and seen no indication of an underground channel, ditch or tile or anything that was moving enough fluid. Chairman, Roger Rose, stated the Drainage Board would not have any responsibility, but Roger stated he did look at the situation and that would be his assessment of the area in question. Being no further business to come before the Board, Chairman, Roger Rose, entertained a motion to adjourn the May 12, 2008 Drainage Board meeting at 10:50 A.M. D.S.T. Mark Rodriguez made a motion to adjourn the May 12, 2008 Drainage Board meeting at 10:50 A.M. D.S.T. Richard Powell seconded the motion. Motion carried three to zero. MAINTENANCE: Jesse G. Rude Catherine Arnold Tile #501 $ 1,019.49 Animal Control Service L Bailey Open Et al #505 $ 225.00 Jesse G. Rude Wagoner Schuler Tile #506 $ 891.00 Ingram Excavating George Barkman Open #510 $ 1,330.50 Jesse G. Rude Wm. Gottschalk Tile #547 $ 231.32 Jesse G. Rude Nathan Hinesley Arm #1 #555 $ 1,169.71 Jesse G. Rude Nathan Hinesley Arm #2 Tile #556 $ 1,987.72 Ingram Excavating Mikesell & Mahoney Open #585 $ 3,160.50 Jesse G. Rude Rouch #2 Tile #604 $ 2,615.50 Jesse G. Rude Rouch #2 Tile #604 $ 268.62 Overmyer Excavating LLC Dan Struckman Open #648 $ 625.00 Ingram Excavating E B Collins Open #657 $20,912.85 Miller Farm Drainage LLC Allen & Coplen tile #690 $ 378.60 James K. Ingram Excavating Mud Creek $18,725.00 Grade A. Excavating & Bulldozing James Hines Open #764 $34,925.00 Ingram Excavating Little Yellow Creek #768 $ 304.00 CLAIMS: Board Members $ 183.00 Attorney $ 737.50 Clerical $1,830.84 Rochester Telephone Co. $ 22.38 Webbs Electronics/Radio Shack $ 9.99 Rochester Sentinel $ 13.64 FULTON COUNTY DRAINAGE BOARD __________________________________________ __________________________________________ __________________________________________ __________________________________________ Surveyor ATTEST:__________________________________ Jean E. 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