ĐĎॹá>ţ˙ ‡‰ţ˙˙˙…†˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁ7 đżŠ}bjbjUU *Ž7|7|{y-˙˙˙˙˙˙l,,,,,,,@***8N* Z*Œ@í4śň*ň*++++++l4n4n4n4n4n4n4$Ł5 Ă7ş’4,+++++’4.,,++§4...+:,+,+l4.+l4.j.l4,,l4+ć* ඁPN˙É@Ö(*B+vl4l4˝40í4l4}8¸+J}8l4.@@,,,,ŮThe Fulton County Drainage Board met on Monday, June 8, 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 Chairperson, Sherry 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 was absent. Also in attendance were Darla Greer; Sean Gudas and Keith Gudas. Chairman, Roger Rose, called the meeting to order at 9:17 A.M. D.S.T. Chairman, Roger Rose, asked for any additions or corrections to the Drainage Board minutes of May 11, 2009. Chairman, Roger Rose, had a couple of additions to the minutes to provide clarification. Being no other additions or corrections, Chairman, Roger Rose, entertained a motion to approve the May 11, 2009 minutes as amended. Sherry Fulton made a motion to approve the May 11, 2009 minutes as amended. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: CHARLES TOWN TILE DISCUSSION CAUSE NO. 2-2008 #800 Fulton County Surveyor, Don Towne, commented he and Roger had talked with Jeff Healy at Banning Engineering and the landfill wants to go ten (10) years out on this project. Don commented he and Roger reconfirmed we would like to go ahead with two (2) years, not ten (10) years. Don commented if it is a financial issue, Statute states the pay back would be five (5) years with ten percent (10%) interest after the first year. After further discussion on this issue, Drainage Board Secretary, Jean Cloud, stated the continued hearing for this project is set for July 13 at 9:30 A.M. There was further discussion on this issue. Chairman, Roger Rose, entertained a motion to change the continued hearing on said drain from July13 at 9:30 A.M. to September 14 at 9:30 A.M. Sherry Fulton made a motion to change the continued hearing on said drain from July 13 at 9:30 A.M. to September 14 at 9:30 A.M. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: JUD L HUDKINS UPDATE CAUSE NO. 5-1998 #733 Fulton County Surveyor, Don Towne, commented the Drainage Board allowed IMI encroach on our right of way, which is seventy-five (75) feet, within twenty-five (25) feet in order to strip the gravel and then once this was done they were to back fill it to thirty-five (35) feet. Don commented at present the water level in the pond is higher than the ditch. Fulton County Surveyor, Don Towne, commented he took Chairman, Roger Rose, to the site to look at the situation. Don commented they measured the pond, and at the narrow part of the pond, it measured thirteen (13) feet. Don commented IMI stated there engineer measured it being twenty-eight (28) feet. Don commented with the water level of the pit being higher than the ditch, we could lose the ditch. Chairman, Roger Rose, commented this is where County Road 100 South washed away. Chairman, Roger Rose, commented the ditch was destroyed at that time, and the ditch has been reconstructed and moved over into the neighbors property so it is not close to the road. After further discussion, Chairman, Roger Rose, commented the wave action of the water in the pond is cutting away the bank of the ditch. Roger commented there needs to be heavier material in the ditch to break the wind action. Fulton County Surveyor, Don Towne, commented the agreement was made with the former manager of IMI, who is no longer there. Don further commented the individuals from IMI stated they would honor the former agreement made with the Drainage Board. Fulton County Surveyor, Don Towne, commented he feels a letter needs to be sent to IMI reminding them of the original agreement. Don further commented he feels the pit will need to be pumped down to get below the water level of the county drain, and then install an equalizer pipe so the pit level does not get back above the drain level. Don further commented IMI then needs to start rebuilding the bank. Don further commented the drain has eroded away so much, and there is no way we can move the ditch another twenty (20) feet over on the neighbors property. Chairman, Roger Rose, commented it is IMI’s problem. Stan Musgrave asked, “What was the original agreement?” Don responded they were to put the bank of the drain back to thirty-five (35) foot, once they were completed with their excavating in that area. Don commented that IMI has completed the excavating in the area. Don commented the ditch bank is eroded to less than thirteen (13) feet. Being no further discussion, the Drainage Board asked the Secretary to draft a letter and send to IMI reminding them of the original agreement. IN REF: GOSS AND ROUCH OPEN HEARING:ORDER MADE CAUSE NO. 1-2009 #802 NOTICE PUBLISHED Chairman, Roger Rose, opened the hearing on said drain at 9:38 A.M. D.S.T. Landowner represent was Darla Greer. Chairman, Roger Rose, read the following: The purpose of the hearing is to establish a maintenance rate on said drain. A signed petition was received on January 13, 2009. Landowner letters were mailed on May 6. Legal Publication on May 28. The watershed for said drain has 690.76 benefited acres, which consists of 29 parcels and 16 landowners. The proposed maintenance rate is $6.00 per benefited acre with a $10.00 minimum. There are no letters of objection. Fulton County Surveyor, Don Towne, stated this ditch is the upper end of the Adam Grube Open which is already set up on maintenance. The maintenance on the Grube Open stops at the Goss and Rouch Open. Don commented this drain was originally a tile, but over the years the landowners has dug the tile out and it is now an open ditch. Don commented it was asked for this ditch to be set up on maintenance and a petition was carried. Don further commented if the Drainage Board approves this ditch being set up on maintenance; the landowners will be paying on the Grube and the Goss and Rouch, as well as Mud Creek. Don further commented the ditch does not have that much brush on it. Don further commented the ditch needs to be dredged to meet the pipes, which approximately two (2) feet will need to be taken out of the ditch. Don commented there is one (1) road crossing and one (1) private crossing. Don commented most the soils on this drain are muck. Stan Musgrave asked if the landowners initiated this. Don responded, “yes, we have a petition. Drainage Board Secretary, Jean Cloud, commented there were nine (9) landowners that signed the petition, and Scott Hizer was the individual that carried the petition, which he farms Darla Greer’s property. Don commented landowner, Lavon Fred, asked that his benefited acres be checked. Don commented Lavon was not able to make it to the meeting today, and he is not against the project, but feels the benefit acres is not correct for his property. Darla Greer commented that her forty (40) acres goes in to Mill Creek and would like her benefited acres also checked for correctness. Chairman, Roger Rose, commented then there would probably be some adjustment to the benefited acres in this watershed. Darla Greer commented she could clean out the portion of ditch on her property, but Hizer’s told her that would not solve the problem until the other end of the ditch is cleaned. Being no further comments from the landowner, or no further discussion, Chairman, Roger Rose, entertained a motion to establish the maintenance rate on the said drain at the proposed rate of six dollars ($6.00) per benefited acre with a ten dollar ($10.00) minimum, finding that the costs, damages and expenses will be less than benefits accruing to the owners of land likely to be benefited. Sherry Fulton made a motion to establish the maintenance rate on the said drain at the proposed rate of six dollars ($6.00) per benefited acre with a ten dollar ($10.00) minimum, finding that the costs, damages and expenses will be less than benefits accruing to the owners of land likely to be benefited. Stan Musgrave seconded the motion. Drainage Board Secretary, Jean Cloud, commented that this drain would not be assessed until 2010. Jean further commented that the Board’s action today must be advertised in the newspaper and does not become conclusive until twenty (20) days after publication. Motion carried three to zero. IT IS NOW ORDERED, by the Fulton County Drainage Board that the Schedule of Assessment has been approved to establish the maintenance rate on the Goss and Rouch Open, Cause No. 1-2009, #802; in Wayne and Liberty Township; Fulton County, Indiana. The said Board orders that one notice be published in this cause of action promptly in the Rochester Sentinel and The Observer, newspapers of general circulation throughout Fulton County, which notice shall properly identify the drainage proceedings and further state the Findings and Order of said Board has been filed and is available in the Office of the Fulton County Surveyor. Be no further discussion, Chairman, Roger Rose, entertained a motion to close the hearing on the Goss and Rouch Open at 9:45 A.M. D.S.T. Sherry Fulton made motion to close the hearing on the Goss and Rouch Open at 9:45 A.M. D.S.T. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: DEAN O NEFF OPEN DISCUSSION CAUSE NO.6-1985 #653 Fulton County Surveyor, Don Towne, commented Aaron Ramer did some cleaning on said drain on Roger Vigar and also on Roger Neff. Don further commented there was a piece of property west of Meridian Road that was bought by Dan Melton, and he put in a wetland. Don commented he did not realize it, but Dan has put a pump in the ditch to put water in the wetland area. Don commented a landowner brought in pictures of the area, and the picture shows the pump sets in the middle of the ditch. Sherry Fulton asked if the landowner had asked anyone if he could do this. Don responded “no”. Don further explained to the Board that the landowner hooks up a PTO shaft clear across the ditch on the opposite side, so therefore he has to bring a tractor in on Roger Neff’s property in order to hook up the PTO to run the pump. Don commented the pump is blocking the ditch. Don showed pictures to the Board that was brought in to him. Don commented he has called Dan Melton twice and left messages, and to date he has not returned a call. Don commented when he left a message, he did explain what he was calling about. Don explained to the Board that he had Aaron Ramer go ahead and clean off the pump, and clean approximately five (5) to six hundred (600) feet upstream of the pump, because it is a low mucky area, and stop short of the road. Don commented this could be an ongoing problem, because the ditch is wide and the pump is in the middle of the ditch. Sherry asked if there law to prevent this. It was discussed that there is a drainage law stating the ditch cannot be intentionally obstructed. Drainage Board Secretary, Jean Cloud, commented she could draft a letter stating the drainage law. Fulton County Surveyor, Don Towne, feels a letter should be sent from the Drainage Board addressing this issue. Stan Musgrave asked if an individual can pump out of a ditch without getting permission. Fulton County Surveyor, Don Towne, responded, “yes”, but there is a limit. After further discussion, Don Towne, commented that the contractor and Roger Neff had brought this to his attention, and Roger Neff brought in pictures. Chairman, Roger Rose, commented the landowner should have gotten Roger Neff’s permission to do that, because the landowner cannot use our easement to do that. After further discussion, Chairman, Roger Rose, asked the Drainage Board Secretary to draft a letter stating the Statue that applies to this situation, and work with the County Surveyor. Stan asked if the letter would be approved at the next meeting. Drainage Board Secretary, Jean Cloud, explained she normally drafts the letter and Roger reviews it and then he signs it as Chairman of the Board, if Stan and Sherry are all right with this procedure. They commented they were all right with the procedure. IN REF: HIATT’S PROPERTY ON SWEETGUM WATER PROBLEM Fulton County Surveyor, Don Towne, commented the property is on the corner of Third and Sweetgum, across from the fairgrounds. Don showed pictures to the Board, showing them how low the area is and where the pond is located. Hiatt built a new home in the area. Don commented there is an open ditch (Minnow Creek) to the east of the property. Drainage Board Secretary, Jean Cloud, commented that Fran and Parke Baxter brought in pictures of the area, and stated the water is ponding on their land, which is south of the Hiatt property. Fulton County Surveyor, Don Towne, showed the pictures to the Board showing how the area was filled in, in order to build the home. Fulton County Surveyor, Don Towne, stated a tile should be put around the pond in order to drain the area. After further discussion, Stan Musgrave asked with a project like this, where the water flow is changed, does the individual need to have plans approved by someone. Don commented the plans would have gone through the city. Drainage Board Secretary, Jean Cloud, commented the city did not bring any drainage plans to the Drainage Board. Don commented when a landowner is building a house, drainage plans are not brought in, only if it is a subdivision. Don indicated on the map, northwest of the pond, where there is a riser located with approximately two and quarter foot of water in the bottom of the riser. Don further commented the ditch is just a short distance away, so if the pond overflows the water will flow onto the road or across the road and down the road to the ditch. Don further commented the pond only has to rise a half a foot to overflow, because there is no freeboard. Roger asked if there is an overflow on the pond, and Don responded “no”. Don commented there is busted clay tile all over the area, so the tile is gone. Don commented the pond elevation is approximately eight (8) feet over the ditch (Minnow Creek). Don commented if anyone in the area had drainage, the elevation of the pond would have ruined their drainage. Don commented the elevation of the pond could be causing part of Baxter’s problem, plus the tile was cut off. Don commented his recommendation would be to lower the pond at least four (4) feet and put some type of control in to control the level of the pond. Don also commented that a tile might have to be installed around the pond to correct the problem. After further discussion, Fulton County Surveyor, Don Towne, commented the overflow should not go over the road; it should go to the ditch. There was also discussion about the blocking of water and causing problems for neighbors. After further discussion, Chairman, Roger Rose, asked the Secretary to draft a letter and send a letter. Sherry Fulton asked what authority does the Drainage Board have to correct this problem. Fulton County Surveyor, Don Towne, commented a landowner cannot obstruct a tile and cause water to back up on neighbors, and this is covered by State Statute. Don further commented if the landowner does not correct the problem, the Drainage Board could have the work done and then bill the landowner. There was discussion if we should have our attorney send a letter to the landowner. Drainage Board Secretary, Jean Cloud, commented in the past the Drainage Board sends a letter and normally the landowner will respond and take care of the issue. IN REF: COUNTRY CLUB DRIVE BUILDING PROJECT Fulton County Surveyor, Don Towne, stated the Drainage Plans for the project at Country Club Drive were approved for Dave Toppen. Don commented the concern at the time was the small cottage next door, which is below the building site. Don explained the plans were approved with them installing a drain on both sides of the home and one in the driveway so that the water would hit the drains and go towards the lake. Don explained to the Board the contractor has the dirt piled so high on the east side of the new home, the dirt and water is running down and under the small cottage. Assistant Surveyor, Tom Chudzynski, commented the dirt is also running into the lake. Fulton County Surveyor, Don Towne, commented that Plan Director, Casi Cramer, had discussed this issue with him, and her office is sending a letter to landowner. Fulton County Surveyor, Don Towne, commented that at least half of the dirt should have been hauled away. Tom Chudzynski commented that Bill Morris was doing the dirt work at the site. There was further discussion on the issue. The Board did not need to take any action on this issue, as the Area Plan Commission is sending a letter to the landowner informing them the work was not been done according to the approved Drainage Plans. Chairman, Roger Rose, called for a recess at 10:28 A.M. D.S.T. Chairman, Roger Rose, called the meeting back to order at 10:34 A.M. D.S.T. IN REF: MASTELLAR TILE ARM #1 HEARING:ORDER MADE CAUSE NO. 17-1968 #579 NOTICE PUBLISHED Chairman, Roger Rose, opened the hearing on said drain at 10:35 A.M. D.S.T. There were no landowners/representatives present. Chairman, Roger Rose, stated the purpose for the hearing is to increase the maintenance rate and correct the watershed. Landowner letters were mailed on May 6 and the legal publication was published on May 28. The original watershed was 44 benefited acres with 7 parcels and 6 landowners. The proposed corrected watershed is 91.52 benefited acres with 10 parcels and 8 landowners. The present maintenance rate is two dollars and twenty-seven cents ($2.27) per benefited acre with a five dollar ($5.00) minimum. The proposed maintenance rate is three dollars and fifty cents ($3.50) per benefited acre with a ten dollar ($10.00) minimum. There are no letters of objection. Fulton County Surveyor, Don Towne, showed the Drainage Board the original watershed, and then showed the Board the proposed watershed. Don showed the Board the proposed watershed and explained there is a lot of acreage that has to go through the tile to get to the open drain. Fulton County Surveyor, Don Towne, commented with the corrected watershed, that was the reason for only increasing the maintenance rate from two dollars and twenty-seven cents ($2.27) per benefited acre to three dollars and fifty cents ($3.50) per benefited acre. Don commented there are no plans to do any reconstruction. Don also commented some work was done on the outlet, when the open was cleaned out. Being no further discussion, Chairman, Roger Rose, entertained a motion to correct the watershed on the said drain from 44 benefited acres to 91.52 benefited acres, and increase the maintenance rate from two dollars and twenty-seven cents ($2.27) per benefited acre to three dollars and fifty cents ($3.50) per benefited acre. Sherry Fulton made a motion to correct the watershed on the said drain from 44 benefited acres to 91.52 benefited acres, and increase the maintenance rate from two dollars and twenty-seven cents ($2.27) per benefited acre to three dollars and fifty cents ($3.50) per benefited acre. Stanley Musgrave seconded the motion. Drainage Board Secretary, Jean Cloud, commented that this drain would not be assessed until 2010. Motion carried three to zero. IT IS NOW ORDERED, by the Fulton County Drainage Board that the Schedule of Assessment has been approved to correct the watershed on the said drain from 44 benefited acres to 91.52 benefited acres, and increase the maintenance rate from two dollars and twenty-seven cents ($2.27) per benefited acre to three dollars and fifty cents ($3.50) per benefited acre, Mastellar Tile Arm #1, Cause No. 17-1986, in Henry Township; Fulton County, Indiana. The said Board orders that one notice be published in this cause of action promptly in the Rochester Sentinel and The Observer, newspapers of general circulation throughout Fulton County, which notice shall properly identify the drainage proceedings and further state the Findings and Order of said Board has been filed and is available in the Office of the Fulton County Surveyor. Chairman, Roger Rose, entertained a motion to close the hearing at 10:40 A.M. D.S.T. Sherry Fulton made a motion to close the hearing at 10:40 A.M. D.S.T. Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: ADAM GRUBE OPEN BIDS RECEIVED: CAUSE NO. 1-1985 #550 WORK AWARDED Drainage Board Secretary, Jean Cloud, stated the Surveyor’s estimate is $44,000.00 and the completion date for the project is December 1, 2009. 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: CONTRACTORS LUMP SUM LDP Excavating $41,310.00 Grade A Excavating $39,250.00 Gudas Excavating $35,190.00 Jesse Rude $41,276.00 Zehner & Sons $74,950.00 Heise Excavating $38,000.00 Chairman, Roger Rose, entertained a motion to award the work on the Adam Grube Open to Gudas Excavating for his low bid of thirty-five thousand one hundred ninety dollars ($35,190.00). Sherry Fulton made a motion to award the work on the Adam Grube Open, Cause No. 1-1985, #550; in Rochester and Liberty Township, Fulton County, to Gudas Excavating for his low bid of thirty-five thousand one hundred ninety dollars ($35,190.00). Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: MUD CREEK BIDS RECEIVED: CAUSE NO. 10-1980 #723 WORK AWARDED Drainage Board Secretary, Jean Cloud, stated the work will be done from State Road 14 to County Road 400 W. The Surveyor’s estimate is $15,000.00 with a completion date of April 15, 2010. 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: CONTRACTORS LUMP SUM LDP Excavating $12,100.00 Grade A Excavating $13,700.00 Ingram Excavating $11,800.00 Gudas Excavating $11,400.00 Jesse Rude $ 9,289.00 Prairie Marsh Inc. $ 9,200.00 Overmyer Excavating LLC $11,400.00 Heise Excavating $12,500.00 Chairman, Roger Rose, entertained a motion to award the work on Mud Creek from State Road 14 to County Road 400 West to Prairie Marsh, Inc. for his low bid of nine thousand two hundred dollars ($9,200.00). Sherry Fulton made a motion to award the work on Mud Creek from State Road 14 to County Road 400 W, Cause No. 10-1980, #723 in Rochester Township, Fulton County; to Prairie Marsh, Inc. for his low bid of nine thousand two hundred dollars ($9,200.00). Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: MUD CREEK BIDS RECEIVED: CAUSE NO. 10-1980 #723 WORK AWARDED Drainage Board Secretary, Jean Cloud, stated the work will be done from County Road 100 North to State Road 14. The Surveyor’s estimate is $25,000.00 with a completion date of December 15, 2009. 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: CONTRACTORS LUMP SUM LDP Excavating $17,800.00 Ramer’s Excavating $19,995.00 Grade A Excavating $21,500.00 Ingram Excavating $21,000.00 Gudas Excavating $12,000.00 Jesse Rude $18,500.00 Overmyer Excavating $17,780.00 Heise Excavating $20,500.00 Chairman, Roger Rose, entertained a motion to award the work on Mud Creek from County Road 100 North to State Road 14 to Gudas Excavating for his low bid of twelve thousand dollars ($12,000.00). Sherry Fulton made a motion to award the work on Mud Creek from County Road 100 North to State Road 14, Cause No. 10-1980, #723 in Rochester Township, Fulton County; to Gudas Excavating for his low bid of twelve thousand dollars ($12,000.00). Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: EDDY CREEK BIDS RECEIVED: CAUSE NO. 3-1999J #756 WORK AWARDED Drainage Board Secretary, Jean Cloud, stated the Surveyor’s estimate is $43,500.00 with a completion date of April 15, 2010. 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: CONTRACTORS LUMP SUM Grade A Excavating $45,000.00 Gudas Excavating $73,150.00 Jesse Rude $38,011.00 Zehner & Son $74,650.00 Heise Excavating $36,125.00 Chairman, Roger Rose, entertained a motion to award the work on Eddy Creek to Heise Excavating for his low bid of thirty-six thousand one hundred twenty-five dollars ($36,125.00). Sherry Fulton made a motion to award the work on Eddy Creek, Cause No. 3-1999J, #756 in Richland Township, Fulton County; to Heise Excavating for his low bid of thirty-six thousand one hundred twenty-five dollars ($36,125.00). Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: CESSNA OPEN BIDS RECEIVED: CAUSE NO. 1-1986 #652 WORK AWARDED Drainage Board Secretary, Jean Cloud, stated the Surveyor’s estimate is $26,000.00 with a completion date of April 15, 2010. 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: CONTRACTORS LUMP SUM LDP Excavating $19,080.00 Ramer’s Excavating $23,395.00 Grade A Excavating $24,750.00 Ingram Excavating $22,500.00 Gudas Excavating $18,285.00 Jesse Rude $14,253.00 Overmyer Excavating LLC $22,480.00 Heise Excavating $21,000.00 Chairman, Roger Rose, entertained a motion to award the work on the Cessna Open to Jesse Rude for his low bid of fourteen thousand two hundred fifty-three dollars ($14,253.00). Sherry Fulton made a motion to award the work on Cessna Open, Cause No. 1-1986, #652 in Rochester Township, Fulton County; to Jesse Rude for his low bid of fourteen thousand two hundred fifty-three dollars ($14,253.00). Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: GOSS AND ROUCH OPEN BIDS RECEIVED: CAUSE NO. 1-2009 #802 WORK AWARDED Drainage Board Secretary, Jean Cloud, stated the Surveyor’s estimate is $10,350.00 with a completion date of April 15, 2010. 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: CONTRACTORS LUMP SUM LDP Excavating $ 8,280.00 Grade A Excavating $ 9,200.00 Ingram Excavating $ 6,750.00 Gudas Excavating $ 6,900.00 Jesse Rude $ 9,175.00 Zehner & Son $17,250.00 Heise Excavating $ 8,625.00 Chairman, Roger Rose, entertained a motion to award the work on the Goss and Rouch Open to Ingram Excavating for his low bid of six thousand seven hundred and fifty dollars ($6,750.00). Sherry Fulton made a motion to award the work on the Goss and Rouch Open, Cause No. 1-2009, #802 in Liberty Township, Fulton County to Ingram Excavating for his low bid of six thousand seven hundred and fifty dollars ($6,750.00). Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: HENRY GUISE ARM#1 TILE CERTIFY TO AUDITOR CAUSE NO. 6-2007 # 798 RECONSTRUCTION ASSESSMENT The undersigned of the Fulton County Drainage Board, do hereby certify the assessment for reconstruction of the above captioned drain, in accordance with the Drainage Act of 1965, and as amended, to be placed on Ditch Duplicate and to be collected by the County Treasurer. Such assessment to be first collected during the year 2010, and thereafter as required by law. IN REF: HENRY GUISE ARM#1 TILE CERTIFY TO AUDITOR CAUSE NO. 6-2007 # 798 MAINTENANCE ASSESSMENT The undersigned of the Fulton County Drainage Board, do hereby certify the assessment for maintenance of the above captioned drain, in accordance with the Drainage Act of 1965, and as amended, to be placed on the Ditch Duplicate and to be collected by the County Treasurer. Such assessment to be first collected during the year 2010, and thereafter as required by law. IN REF: COMMUNITY DEVELOPMENT UPDATE BLOCK GRANT Drainage Board Secretary, Jean Cloud, stated the legal notices for the Public Hearings were published in the paper. Sears Leininger Public Hearing will be at 1:00 P.M. this Thursday. Jean further commented that the public hearings for the Minnow Creek and the L.N. Bair has been canceled because the income survey in these areas does not meet the low/moderate criteria and will not qualify for grant funding. Being no further business to come before the Board, Chairman, Roger Rose, entertained a motion to adjourn the Drainage Board meeting at 11:28 A.M. D.S.T. Sherry Fulton made a motion to adjourn the Drainage Board meeting at 11:28 A.M. D.S.T. Stanley Musgrave seconded the motion. Motion carried three to zero. RECONSTRUCTION: Gudas Excavating Outlet for Kings Lake $ 450.00 Gudas Excavating A.A. Gast Main Open $ 900.00 MAINTENANCE: Widner & Sons Excavation, Inc. Lewis Bailey Open Etal #505 $4,180.00 Gudas Excavating Stephen Bruce #519 $ 671.25 Gudas Excavating Ammon Bucher Open #521 $ 900.00 Gudas Excavating Gast Arm #3 Tile - #542 $ 648.62 Gudas Excavating Gast Arm #3 Tile - #542 $ 720.02 Prairie Marsh, Inc. Adam Grube Open #550 $2,125.42 Gudas Excavating Sarah Herrold Tile #553 $ 760.42 Jesse Rude DBA G & R Excavating Cliff McGee Open #581 $1,505.00 Ramer’s Dozing Service Dean Neff Open #653 $5,255.00 Zimpleman Farms Costello & Clary #678 $1,100.00 Gudas Excavating Bryant & Leininger System #708 $ 666.80 Jesse Rude DBA G & R Excavating Little Yellow Creek #768 $l,l62.50 CLAIMS: Board Members $ 183.00 Attorney $ 672.41 Clerical $1,837.36 Rochester Telephone Co., Inc. $ 25.59 Observer $ 20.84 Rochester Sentinel $ 109.52 FULTON COUNTY DRAINAGE BOARD _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ Surveyor ATTEST:_______________________________________ Jean E. 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