ŠĻą”±į>ž’ éėž’’’ēč’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’ģ„Į7 šæ3bjbjUU *J7|7|’/’’’’’’l,,,,,,,@.N.N.N8fN rN@^¶‚O‚O˜O˜O˜O˜O˜O˜O‚]„]„]„]„]„]„]$¹^ Ł`¾Ø],˜O˜O˜O˜O˜OØ]W,,˜O˜O½]WWW˜OŠ,˜O,˜O‚]W˜O‚]WjW‚],,‚]˜OvO pžĀ3Ź@īL.N"Qž‚]‚]Ó]0^‚]—aĄSX—a‚]W@@,,,,ŁThe Fulton County Drainage Board met on Monday, July 13, 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 S. Fulton, and Board Member, Stanley Musgrave. Also present were: Don Towne, Fulton County Surveyor; Tom Chudzynski, Assistant Surveyor; Alan H. Wentzel; Rebecca S. VanHorn; Terry W. Weiss; Russell Egolf; Janet Egolf; and Jean Cloud, Drainage Board Secretary. Greg Heller, Drainage Board Attorney arrived at 9:11 A.M. D.S.T. 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 June 8, 2009 Drainage Board minutes. Being no additions or corrections, Chairman, Roger Rose, entertained a motion to approve the June 8, 2009 minutes as presented. Sherry Fulton made a motion to approve the June 8, 2009 minutes as presented. Stan Musgrave seconded the motion. Motion carried three to zero. IN REF: BALL GINTHER SHADEL LANDOWNERS CAUSE NO. 1-2006 #790 IN ATTENDANCE Chairman, Roger Rose, commented there are landowners in attendance with questions and comments. Rebecca VanHorn commented she and her husband, Don VanHorn own property on the drain. Rebecca also introduced Alan Wentzel, which he farms ground on the drain, and she had also talked with Clip Wamsley who owns property on the said drain. Rebecca commented she understands the work was awarded to O-Henry Excavating in April 2006 and the work was to be completed in 2007. Rebecca commented here it is 2009 and the work is still not completed. Rebecca commented there has been plenty of time to complete a project of that size. Rebecca commented she is familiar with this type of work, because they do this type of work for a living. Rebecca commented the contractor done the main drain, but did not come on their property. Rebecca commented he came up to the property line between them and Al Gudas and stopped. Rebecca commented this past spring there was a washout on the main ditch and Sean Gudas came in and did a few repairs along the area, and came about half way on their property, but the entire stretch of ditch has never been done on their property. Rebecca commented a little bit of work has been done on the arm where it enters into the lake. Rebecca commented she understands there is a beaver dam in the area, which will need to be taken out. Rebecca commented there is still about a mile of the arm to be done on the project. Rebecca commented she knows she is not telling the Board anything that they don’t already know, but wants to know what the Board is going to do about this issue. Chairman, Roger Rose, commented this is an unusual situation that we are facing with this contractor. Roger also commented the Board has tried to work with the contractor, and we do not want to be the bad guy unless we have to. Roger commented the Board has extended time to the contractor, and the Board tried to be accommodative to the situation between the contractor and the landowner. Roger commented the Board is at the point where the Board has to seriously consider if this is the appropriate time to look at alternatives. Vice Chairperson, Sherry Fulton, commented Henry Smith, the contractor, called her yesterday. Sherry commented she had called and left a message that the landowners were going to be here today to discuss the project. Sherry commented Henry told her he was working on the project. Sherry commented Henry told her he could have the majority of the work completed by the end of the week, and the entire project completed by the end of next week. Chairman, Roger Rose, commented the work could be done, if the contractor would do it, but he has told the Board this for the past two (2) years. Sherry commented Henry is supposed to be out working on the project today. Sherry asked the Fulton County Surveyor, Don Towne, if he knew anymore on this issue. Don commented Henry had called him yesterday and said he had worked on the project over the weekend and said he had talked with Sherry Fulton about the issue. Don commented he had not been to the project site recently, but the last time he was out on the project nothing had been done, which was about a week ago. After further discussion on this issue, Rebecca VanHorn commented she does not feel there is enough money left on the contract to complete the project. Rebecca also commented she understands there is only ten thousand dollars ($10,000.00) left on the contract, and there is a lot of work to be done, because it is a little over a mile to be completed. Fulton County Surveyor, Don Towne, commented there is approximately fifty-eight hundred (5800) feet. Fulton County Surveyor, Don Towne, commented the work is over three (3) years old, and Henry was low bidder. Rebecca VanHorn commented the lowest bid is not always the best bid. Rebecca commented the public wants the least amount spent on a project, but maybe one of the other bidders would have been a better choice, and maybe the Board should consider this in the future. Chairman, Roger Rose, commented the Board is taking this into consideration in terms of awarding future work. Roger commented the Board is trying to work out this situation. Rebecca VanHorn commented in all due respect that is what we have been hearing for a long time. Rebecca commented she feels the contractor should be given the opportunity of two (2) weeks to finish the project. Vice Chairperson, Sherry Fulton, commented that is her thoughts to give Henry Smith two (2) weeks to finish the project, and if the project is not done, then the work will be given to someone else. Chairman, Roger Rose, stated it is time to quit promising and start doing. Rebecca commented she feels the contractor should be given until August 1, and then what happens at that point if the work is not done. Stanley Musgrave asked for advice from the Drainage Board Attorney. Drainage Board Attorney, Greg Heller, commented the contractor would be in breach of contract, and the Drainage Board could go ahead and get another contractor to do the work, then if the cost is more to complete the work, then a judgment could be filed against the previous contractor for the extra cost. After brief discussion, Chairman, Roger Rose, commented the Board has given the contractor time to redeem himself, and now i3 the time to get results or take alternative measures. Rebecca VanHorn asked if there are other contractors to do the work. Fulton County Surveyor, Don Towne, commented the second lowest bidder on the project is not interested, but there are other contractors that could be contacted. After brief discussion, Chairman, Roger Rose, entertained a motion to allow Henry Smith until August 1st to complete the project, and if the work is not completed by that time, the Board take appropriate action in obtaining another contractor to complete the project. Roger also commented if another contractor has to be contracted to complete the work and it cannot be completed for the amount left on the contract, then the Board will proceed to take legal action to collect the difference. Sherry Fulton made a motion to allow O-Henry until the first of August to complete the project, and if not completed by that date then another contractor will be contacted to complete the work. Stanley Musgrave seconded the motion. Drainage Board Secretary, Jean Cloud, asked if a letter needed to be sent to O-Henry. Drainage Board Attorney, Greg Heller, commented to call and also send a letter, certified with a return receipt to Henry Smith. Being no further discussion, motion carried three to zero. Chairman, Roger Rose, thanked the landowners for attending and also their time and patience in this situation. IN REF: RUSSELL & JANET EGOLF DRAINAGE PLANS (HARBOR ISLES LLC) Fulton County Surveyor, Don Towne, presented Drainage Plans for Russell and Janet Egolf, which is south of Rochester back behind Wal-mart. Don indicated on the plans where the detention area is, and his concern is not bringing enough water into the detention area. The plans indicate most of the water is going to the east. Don commented the proposed plans are to put a road in from Rouch Drive to State Road 14 (18th Street). After further discussion, Terry Weiss commented the dirt from the detention area would go to the east to fill the low spot on the east side of the proposed roadway. After further discussion, Fulton County Surveyor, Don Towne, commented to get the flow of water to go over to the area indicated, the area would have to be re-contoured when it is developed. Terry Weiss commented the retention basin would go to the east to fill the low spot. Stanley Musgrave asked about the development. The response was it would probably be commercial; the main concern at present is to put in the road. Chairman, Roger Rose, asked about the road right of way. Terry Weiss commented there would be a fifty (50) foot right of way. The road will be thirty-four (34) feet with fifteen (15) foot utility easement. Fulton County Surveyor, Don Towne, commented there is an outlet for the detention for the drainage area, and there is an orifice going into the existing Robbins and Walters tile. Terry Weiss stated he will be requesting a vacate on the easement of Robbins & Walters tile in this area. After further discussion, Fulton County Surveyor, Don Towne, commented this would not need be done until the development is done east of the road. Terry Weiss commented the pipe will no longer be in use on the upper end, but the pipe will still remain in effect at the south end of Schoolview Addition. After further discussion, Fulton County Surveyor, Don Towne, commented once the tile crosses Sweetgum Road; the waters go into the Robbins and Walters Open. Terry Weiss commented again for legal purposes he is asking the Drainage Board to vacate the easement for the Robbins and Walters tile in the area that will be developed in the future. Terry Weiss further commented the tile has been located south of Enyart’s property. Terry further commented there is a riser by Sweetgum, but could not locate the tile at that location. Terry commented he was told the city extended back that way and the original drain may have been cut off when they went back to the southeast. Terry Weiss commented to be on the safe side, the proposal is to drain the area back into the retention basin on Egolf’s property. Terry commented there will be no more water being created at one time to drain into Minnow Creek. Chairman, Roger Rose, asked what the concern would be in abandoning the tile. Fulton County Surveyor, Don Towne, commented on the north line of the property there are tiles coming into the tile from Schoolview Addition. After further discussion, Terry Weiss commented he is not asking for the vacate today, but he will come back in before the area is developed to ask the Board. Fulton County Surveyor, Don Towne, asked Terry Weiss what the proposal is for the water that pools on the east side of the road at the north end of the property. Terry Weiss responded the dirt from the retention basin would be put in that area, and force the water back to the east. Don Towne commented there is no outlet into the other detention area on the east side. Don asked if an outlet was going to be put in. Terry responded the water will sheet across, once the hole is filled in. Russell Egolf commented when there is a seven inch rain the area gets approximately two (2) to three (3) feet of water in that area, and then the water migrates over to the catch pond by Wal-mart. Russell Egolf commented the area is pretty flat. Terry Weiss commented the low spot is a retention and goes to the northwest, and eventually goes into the retention basin. Terry commented there is a dip there, it is a natural flow. Russell Egolf commented if they had not put the dyke in, Enyarts and all the houses in that area would have had two (2) foot of water, so that is how we are controlling that area. The comment was made there is a detention area on Egolf and Wal-mart with a pipe between the two (2) areas as shown on the drawing. Terry commented there is an eighteen (18) inch pipe that goes out of the Wal-mart detention to the north and goes down the north end of the Peace Tree Village and dumps into a manhole on the east side of State Road 25 and goes into Minnow Creek. Russell Egolf commented in the future he is planning on enlarging his detention area whenever he starts developing the area. Fulton County Surveyor, Don Towne, commented the area to be developed is presently a farm field. There was discussion about a catch basin in the northwest corner. Russell Egolf commented there is a lateral or arm in the middle of the pond. Terry commented there is a six (6) inch field drain, and they may use it for the overflow, but does not know at this time what will be done with it or the condition of the pipe. Chairman, Roger Rose, asked the Surveyor if he is ok with the plans. Don commented for future development, they might have to do something for their own storage to take care of the drainage. Russell Egolf stated when they are ready to do that, they will come back before the Drainage Board. Terry Weiss commented the proposed plans are in order to put in the road. Terry commented since we do not know what is going in the area at this time, it is hard to give any figures at this time. Russell Egolf commented there are problems with Minnow Creek and there was a flooding problem in the Schoolview Addition. Russell commented he put the dyke in to help that situation, now the plans are to drain the west, and the pond on the east side will be made bigger. Terry Weiss commented that the proposed road would be higher than the existing ground. Terry Weiss commented the proposal could be two (2) to five (5) years down the road for all of this. Terry commented the proposal is to eliminate problems in the future. Russell Egolf commented the problem is Minnow Creek cannot be overloaded any more, and that is what we are trying to eliminate. There was discussion about Country Meadows dumping into the Robbins and Walters Open. After brief discussion, Chairman, Roger Rose, entertained a motion to approve drainage plans for Russell and Janet Egolf, Harbor Isles LLC, in order to put in a road. Sherry Fulton made a motion to approve the drainage plans as presented. Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: FOUTS DITCH DISCUSSION CAUSE NO. 9-1998 Fulton County Surveyor, Don Towne, commented the ditch drains into Nyona Lake. The ditch is in a muck area, so the ground is not very stable. Don commented when the open was cleaned a permit had to be obtained from DNR. Don further explained approximately eight hundred (800) feet from the lake, one step removal had to be done, which the dirt was loaded directly into a truck and hauled to another area. Don explained the closest place to unload the dirt was on farm ground upstream. Don stated when the truck crossed a private crossing to get to the farm ground, the pipe was smashed. Don commented the farmer’s pipe was destroyed. Don commented we do not normally pay for private crossings, but since it was damaged during the cleanout, the maintenance fund needs to pay to replace the damaged pipe. Don commented the farmer does not cross the ditch with farm equipment, only uses a four wheeler to go across the ditch. Don commented he would like to get with the County Highway and see if they have a good used pipe. Sean Gudas did the work, so he will contact him and see if he would install the pipe. Chairman, Roger Rose, asked about the size of the pipe. Don responded, “the pipe was four (4) foot, so anything close to that will work. Chairman, Roger Rose, asked the Board members if they had a problem with this. Don commented there is money in the fund. Don commented it was not a long pipe, probably twenty (20) or thirty (30) foot. There was discussion about getting a good used pipe from the County Highway, or possibly buy one, which is usually at 30% their cost, or maybe it could be purchased cheaper than that. The Board gave their consensus for the Surveyor to proceed to get a pipe for the private crossing. IN REF: AGNES P. WAITE OPEN DISCUSSION ON CAUSE NO. 1-1989 #672 SURFACE DRAINS Fulton County Surveyor, Don Towne, commented landowner, Jerry Baker, needs to put in a surface drain on his property. Don commented Jerry has a set aside strip on the west side and is going to put one in on the east side of the ditch. Don commented he has two (2) surface drainpipes that need to be installed. Don commented the landowner is not participating in the program. Chairman, Roger Rose, asked the Surveyor to explain what the landowner is doing. Don explained the landowner is going to put in set aside strips along the ditch and there are two (2) washouts and he is wanting pipes installed in those areas. Don commented he sized them, and the landowner will need to put in a fifteen (15) inch and a twelve (12) inch and forty (40) foot long. Don explained the pipes will go through the bank and come up with a riser. Don explained to encourage landowners to put in surface drains, the Board approved to pay half the cost of the pipe at one of the Board meetings. Don stated this is the first time a landowner has stepped forward to do this. Stan Musgrave commented this is something the Board has encouraged landowners to do. Don responded “yes”. Don explained some counties take care of it for the landowners, but the only ditch that we do pay for surface drains for landowners is Willow Creek, because that was in the specifications when the drain was set up. There was no further discussion. IN REF: CHARLES TOWN TILE AGREEMENT CAUSE NO. 2-2008 #800 UPDATE Drainage Board Attorney, Greg Heller, commented he had received a copy and the landfill had made some minor revisions. Drainage Board Secretary, Jean Cloud, handed out copies of the revised agreement to the Board. Drainage Board Attorney, Greg Heller, commented the revisions were very minor, and he was not concerned. They made more specific what Republic is and the subsidiary of the corporation. Greg stated he would like to draw the Board’s attention to page 2, paragraph (h) on the revised agreement. Greg commented he drafted the following on the original agreement to read as follows: “The Landfill agrees to indemnify and hold the Board and Fulton County, Indiana harmless for all work performed to effectuate this Reconstruction Agreement.” Greg commented the revised copy came back reading as follows: “Republic agrees to indemnify and hold the Board and Fulton County, Indiana, harmless for all liability and damages caused by the negligence and willful misconduct on the part of Republic or its contractors in connection with the work performed to effectuate this Reconstruction Agreement.” After brief discussion on this, Greg commented he deliberately drafted the original agreement very open, because he wanted to include every possibility, and they have now narrowed it to negligence or willful misconduct. There was further discussion on the paragraph. Chairman, Roger Rose, asked if this is a reasonable compromise. Greg commented the language is what you normally see in an indemnification clause. Stanley Musgrave asked if they had agreed to the time line. Greg commented the original time line was two (2) years, and they came back and asked for eight (8) years. Chairman, Roger Rose, commented the time line was the main issue in the agreement. Stanley Musgrave asked what happens if the company that owns it now, either sells or go bankrupt. Stan asked what will happen to the agreement at that time. Drainage Board Attorney, Greg Heller, commented a provision could be added to cover this. Greg commented normally in any sales agreement the buyer is liable for any contracts or obligations. Greg further commented he would include a clause so that it is understood that in the event of transfer of ownership; the new owner must fulfill the agreement. Being no further discussion, Greg commented he would add the clause and send it Secretary, Jean Cloud. Drainage Board Secretary, Jean Cloud, commented once she receives the revision she would email it to Jeff Healy. Greg commented he would get it done by the end of the week, and then the Drainage Board can approve it at the August meeting. IN REF: HIATT POND SWEETGUM ROAD AND THIRD STREET Fulton County Surveyor, Don Towne, commented he had not heard from the Hiatts. Drainage Board Secretary, Jean Cloud, commented she had talked with Chairman, Roger Rose, and he decided not to send out letters and felt that Jeff Healy may need to be involved in the issue. Chairman, Roger Rose, commented he felt Jeff Healy should be involved to reinforce our position. Roger also commented that we need to hear from the Hiatt’s to make this happen. After brief discussion, Drainage Board Secretary, Jean Cloud, commented that Dick Belcher owns the property to the east of Hiatt’s. Chairman, Roger Rose, asked Fulton County Surveyor, Don Towne, if he had talked with Hiatt, Don responded, “yes, and the letters needs to be sent to the landowners as was discussed at last month’s Board meeting.” Chairman, Roger Rose, commented the letter would be mailed to Steve Hiatt, Michael Hiatt and Gene and Ruth Hiatt. After further discussion, Chairman, Roger Rose, commented the letter will be mailed to the landowners. Chairman, Roger Rose, called for a recess at 10:25 A.M. Chairman, Roger Rose, called the meeting back to order at 10:39 A.M. IN REF: JOSEPH LEASURE MAIN TILE HEARING: ORDER MADE CAUSE NO. 5-1983 #577 NOTICE PUBLISHED Chairman, Roger Rose, opened the Reconstruction Hearing on said drain at 10:39 A.M. Landowners/Representatives present: Dorothy L. Lease; Harris D. Lease; Craig Hanna; Joyce Hanna; Angela Slocum; Allan Smith, Harold Costello; Tim Smith; Mike Smith; and Dan Sailors. Chairman, Roger Rose, read the following information for the hearing: Purpose of Hearing: Reconstruction of Tile Landowner’s letters mailed June 1, 2009 Legal Publication: July 2, 2009 Watershed: 343.84 Benefited Acres, which consists 15 Parcels and 12 Landowners Proposed Reconstruction Rate: $365.00 Per Benefited Acre/$365.00 Minimum Letters of Objections to Total Project: Harris & Dorothy Lease; Wm. D. & Lavonne Sue Sailors; Alice Joyce Hanna; and Harold Costello. Landowners not against the project, just paying for the arm to Bruce Beehler’s property: Irene Smith and Mike Smith. Letter in favor of the project: Bruce Beehler Chairman, Roger Rose, commented that Drainage Board Secretary, Jean E. Cloud, also included in the packet a list of repairs made on the tile for the past seven (7) years. Chairman, Roger Rose, commented there were six (6) repairs since 2002, which totals three thousand seven hundred and twenty-three dollars and thirty-one cents ($3,723.31). Roger further commented the present maintenance rate is six dollars ($6.00) per benefited acre with a ten dollar ($10.00) minimum, for an annual assessment of $2, 068.28. The ditch was not assessed in 2008 and 2009, because the fund is maxed out at this time. The ditch fund has nine thousand three hundred sixty-six dollars and seventy-one cents ($9,366.71). Chairman, Roger Rose, asked Fulton County Surveyor, Don Towne, to give an overview of the project. Fulton County Surveyor, Don Towne, commented the project did not change from the last time we had a hearing. Don commented the cost at this time reflects the current cost of tile, and normally the estimate is a little high. Don commented the proposed plan is to go from the outlet of the Leasure Open ditch up to twenty-seven hundred (2700) feet up to where the twenty (20) inch concrete tile is. Don commented the concrete tile was put in around 1985. This stretch of tile will be twenty-four (24) inch tile and hooked into the twenty (20) inch concrete. Don commented he is also proposing to run four hundred and twenty (420) feet of fifteen (15) inch tile around to Bruce Beehler’s pump area/catch basin. Don commented it is the same project as the last hearing. Chairman, Roger Rose, asked Fulton County Surveyor, Don Towne, if he had a map of the area. Don explained at the concrete tile there is a lot fall coming up the hill. Don explained the concrete tile was put in an area where there was more cover. Don commented the concrete tile is higher than what our grade is. Don further commented the new tile would be put in to meet the concrete tile, then “y” off at that point. Chairman, Roger Rose, asked the depth of the main tile. Don responded at one point it will be fifteen (15) feet deep. After brief discussion, Chairman, Roger Rose, asked how much would the drop be at the outlet. Don responded the outlet of the open ditch would be cleaned out dropping it a little over fifteen (15) inches. Sherry Fulton asked if the outlet could handle the extra water coming in to it. Don responded there is fall down to the other ditch, then flattens out. Don also commented the remainder of the ditch is muck and flat. Don also commented if there would be a big rain event, the flat area would already be full. Chairman, Roger Rose, stated then your assessment of the proposed reconstruction, would be there is a good outlet. Don commented there is good fall from the outlet of the tile to the main ditch. Don commented the plans are available when the concrete tile was installed back in 1985, and the tile was moved in order to have more cover. Stanley Musgrave asked, “What lies above the twenty (20) inch tile?” Don commented it is an eighteen (18) inch tile, which one stretch has been replaced and then the tile goes up the fencerow. Chairman, Roger Rose, commented under this proposal the twenty (20) inch is part of the main tile. Don commented the twenty (20) inch is part of the main tile. Chairman, Roger Rose, asked for comments. Stan Musgrave asked if the fifteen (15) inch tile is needed. Don responded it is a bowl that gets a lot of water in it. Chairman, Roger Rose, commented at the point where the twenty-four (24) inch tile ends, that would be approximately five (5) feet deeper. Don responded, “yes and that makes most of the ditch a fairly deep cut, especially from State Road 17 up to where we stop”. Stan Musgrave asked if the water that gets into the bowl is primarily ground water or surface water. Don commented it is surface water. Chairman, Roger Rose, asked for public comment. Mike Smith commented he is representing himself and his Mom. Mike commented they are changing their position on the project. Mike commented when the letter was due, they were reviewing the idea because of the three (3) repairs done in the spring and thought they better think about the reconstruction so went ahead and sent the letter in. Mike commented at this time he and his Mom are definitely against this reconstruction, because the cost is too high for what we will be getting out of it. Mike commented it is very evasive to the land and feel they will suffer a lot of damage through this. Mike commented we do stand against this project. Allan Smith commented back years ago his Dad dug the entire muck ditch on his own, which is the outlet for this tile. Allan commented the tile broke down consistently. Allan commented his Dad hooked the outlet of the tile into the ditch that he dug. Allan commented his Dad paid a big price for this previously, so why does our Mom have to pay. After brief discussion on this issue, Allan commented he has one hundred and sixty-four (164) acres on the Gault Ditch, which is the outlet, and have acres flooded that cannot be farmed. Allan commented the outlet needs to be fixed first. Tim Smith showed pictures of Bruce Beehler’s bean crop in the low area. Tim commented and you want to spend one hundred and fifty thousand dollars ($150,000.00) to take care of a strip about the size of two (2) pickups. Tim commented the Gault Ditch backs up enough that he gets water in his house. Tim commented he is a long ways from the Gault Ditch, but when it fills up it backs up, and you are wanting to dump more water in the area. Tim commented it is the same as last year, and we do not understand why we are going through this again. Chairman, Roger Rose, commented the Board has two (2) new members. Roger also commented the Board was approached for reconsideration of this project, and based upon the fact that it is a different Drainage Board, there could be a possible different outcome. Tim asked if this is going to be done every time there is a change in Board Members. Chairman, Roger Rose, commented in the eight (8) years he has served on the Board this has only happened once. Mike Smith commented there is one landowner representing twenty-three percent (23%) for the project, and there is approximately seventy percent (70%) that is opposed to the project. Mike asked isn’t that verbal enough to stop the project. Chairman, Roger Rose, commented the Board does not go by a show of hands; we assess costs to benefits. After further discussion, Stan Musgrave asked Tim Smith if he is withdrawing his letter. Tim commented he did not send a letter. Mike Smith commented that he and Tim represent their Mom, and Mike also commented he has another property involved. After further discussion, Mike commented Mr. Hanna and Joyce came and talked with him and they understand why I took an initial stand on this. Mike commented the project would tear up their land, and it would take four (4) to five (5) years before it would get back to where it will grow crop. Tim Smith commented he had talked with Paul Slisher and explained to him how he puts in a tile. Tim commented Harold Costello put a tile in that deep, and the ditch was open about a year and a half. Tim asked if the tile would be open for that long. Fulton County Surveyor, Don Towne, commented the ditch should not be opened that long. Don commented it would be backfilled with stone and go five (5) to six (6) feet above it, let it settle with so many rains and leave set for a season. After that then the rest of the backfill should be put on the ditch. Tim Smith commented the only person that is going to benefit is Bruce. Tim commented it makes sense that he pays for it. Chairman, Roger Rose, asked for other comments. Craig Hanna commented he had talked with FSA this morning and if Mr. Beehler would like to it could put in a wetland program, which would pay him comparable cash rent for acres that he has to pump. Craig commented it could produce income even if it is not farmed. Joyce Hanna asked if the taxpayer does not pay the entire bill, there is a ten percent (10%) penalty on the unpaid portion and you have five (5) years to pay. Drainage Board Secretary, Jean Cloud, commented it is a five (5) year payoff, and the full amount can be paid the first year, but if it is not paid in full, then there will be ten percent (10%) interest charged on the balance for the remainder four (4) years. Jean commented this is by Statute. Angela Slocum stated the comment was made last time that an engineer was going to be engaged on this project. Fulton County Surveyor, Don Towne, stated an engineer will look over the project. Angela asked who will assess that part of the cost. Don responded the cost would be part of the ditch. Angela commented that amount is not in the proposal cost. Don commented that is right. Angela commented normally engineering costs are a minimum of fifteen (15) to twenty percent (20%). Don commented the engineer we work consistently with is very reasonable. Don commented it depends on the size of the project, and the charge is normally between two (2) and five thousand dollars ($5,000.00). Angela commented the total cost of the project could be another five percent (5%), and this would not include change orders. Angela commented the project is based on existing drawings, but they do not include changes that farmers have made, so there may be additional expenses. Fulton County Surveyor, Don Towne, commented laterals are usually what we have that will add to the cost. Fulton County Surveyor, Don Towne, commented normally the bids come in lower than his estimate. Fulton County Surveyor, Don Towne, commented the cost crossing the State Road 17 will be reimbursed by the State. After brief discussion, Don commented he would not expect the bids to be more than ten (10) to fifteen percent (15%) below the estimate, as far as the low bid. Angela commented she still feels this is excessive. Stan Musgrave asked if any landowners would get paid for damages. Don commented he does not have that figured in. Tim Smith asked if the landowners had a say as to when the work would be done. Don responded “yes.” Mike Smith commented that ninety percent (90%) on this reconstruction will be done on the Smith farm, and we absorb all the damage in that area and we will gain nothing. Tim Smith commented the problem is still not be fixed, because the Gault ditch is the problem. Tim commented Bruce’s water will come down on them. Tim commented until the Gault ditch is done, none of us will benefit. Mike Smith commented when we get the four (4) or five (5) inch rain, Bruce will still be flooded out, just like us. Bruce Beehler commented what has been said is true. Bruce commented the pictures taken are just fine, but they are representing today, and it is prime farm ground and there is a good looking crop of beans. Bruce presented pictures to the Board of what the area has looked like at certain times, depending on the rainfall. Bruce commented the ponds are made up of surface water that has come off of the neighbors. Bruce further explained there is no way out for the water under the present system, except for my pump. Bruce stated he estimates there is thirty (30) billion gallons of water held in the retention ponds on this land. Bruce commented his pump only pumps four hundred and fifty (450) gallons a minute. Bruce commented it takes ten (10) or more days to pump the area, and whatever crop is on the area is destroyed. Bruce commented if it would rain three (3) inches or more tomorrow, I could actually lose that crop. Bruce commented he could lose up to twenty (20) acres. Bruce commented he knows what expenses are, he has spent money and he has lost money. Bruce commented he has paid his assessments on this tile, and the repairs have been made upstream and downstream. Bruce commented he has always been the last to receive benefits from this ditch because it is too shallow and not big enough. Bruce comments he feels everyone on the system has an obligation to the system. Bruce feels it is not any one particular landowner’s obligation to take care of singularly; we all belong to the organization or system. After further discussion, the comment was made that the Gault ditch is just going to fill up more. There was also discussion that the people upstream will probably have more blowouts because of the pressure. There was further discussion because the Gault ditch is not cleaned, and that is the outlet for this tile. Fulton County Surveyor, Don Towne, commented the Hanna’s had asked him about routing the tile over to the Costello Open, but it is about four (4) feet too high. Joyce Hanna commented they looked at the ditch and realizes that would not work. Stan Musgrave commented it was brought up about Bruce’s area being put in to a wetland. Bruce Beehler commented that Dan Rosswurm with NRCS said he would not put the area in a wetland program because it would not work. Chairman, Roger Rose, asked Bruce what the reason was. Bruce commented Mr. Rosswurm was afraid it would back up on Lease’s and to the south on Smith’s in the woods. There was further discussion on this issue. Stan Musgrave commented in Bruce Beehler’s letter to the Board, it was stated that approximately twenty-one percent (21%) of the water in the retention area was yours and the remainder was your neighbors. Stan asked Bruce how he came up with that figure. Bruce commented the assessment to each benefited landowner and that was his percentage on the assessment of the project. Bruce commented this is the percentage of benefit on the system, so I am assuming I have the same percentage of surface water going into the retention area. There was further discussion. Bruce Beehler commented when the reconstruction was done by in 1985, none of the neighbors wanted it done, so he paid twenty percent (20) percent more on the assessment. Bruce Beehler stated the law provides the means and the way for this to take place. Bruce Beehler again commented it is everyone’s obligation on the system to pay their assessed value. Drainage Board Attorney, Greg Heller, commented everyone in the watershed is benefiting from this tile. Greg further asked, “Is the cost less than the benefits for this reconstruction project?” Greg commented if this project were completed, would there be more water put on the lands below. Bruce Beehler commented they will get the water quicker, but it will be the same amount. Mike Smith commented we are the catch basins and suffer more loss than he does. After further discussion, Stan Musgrave commented this is very difficult, because all of you are partially right. Stan commented a hundred years ago or whenever the tile was put in, the landowners went out on a limb. Stan stated the comment was made that you will not gain anything from it being replaced, but you will because it will buy someone another hundred years. Stan commented the land will benefit from it, and maybe your kids or grandkids or whoever owns it. After brief discussion, Stan commented it is a difficult position that we set in and whatever decision we reach; we will not make everybody happy. Stan stated everyone has a legitimate argument, and we are going to have to sort out what we think is justice. Tim Smith asked if there would be a guarantee after this reconstruction is done, that Bruce will not have the water and we won’t get flooded and everything will be done after spending the money for this reconstruction. Stan commented he could not put a guarantee on it, but feels there would less likely be a problem if it were done. After further discussion, Chairman, Roger Rose, commented the Gault Ditch is part of the Indian Creek project and it is in litigation. Roger further commented with the situation with the Gault Ditch that creates problems for those upstream and that is part of the argument. Roger further commented that the outlet is questionable. After further discussion, Drainage Board Secretary, Jean Cloud, commented she had contacted Cass County Commissioner, Dave Arnold, last week and they want the Indian Creek Project done, because it is holding up some of their projects. Dave commented he will get a hold of their Attorney, John Hillis, and ask that he contact the Judge and see what is going on. Mike Smith commented if the Board would table this reconstruction until the Gault ditch is done, then he feels everyone will look at this situation differently. Mike commented if this is done now, there will be more problems for everyone, and only one person will be benefiting from the project. Chairman, Roger Rose, asked if that was the feeling of those present today. Mike Smith commented if the Gault ditch were cleaned out, he would change his position on this situation. Stan Musgrave asked Fulton County Surveyor, Don Towne, if he had a percentage on how much water is coming from this tile that would affect the Gault ditch. Fulton County Surveyor, Don Towne, commented it would be a small percentage. Stan asked Don if the work were done on the tile would it make a significant difference. Don commented it should help the whole area for the water to get away. Stan asked if the reconstruction would significantly impact the Gault ditch overflow. Don commented the water will get there quicker. Don commented the Gault ditch backs up for such a long stretch. Don also commented the problems does not come from the water above, it comes from the water backing up in the ditch. Chairman, Roger Rose, feels the concern of everyone is there a good outlet without the Gault ditch being cleaned. Dan Sailors commented the tile being lowered and a bigger tile is put in for one reason. Dan further commented the pocket he is trying to drain is too low, and then an arm/lateral will be put in, and we are paying for it so the landowner can pump his water. Dan commented he is upstream and the water gets away eventually, so there is no benefit and the arm is benefiting him. Dan asked if he wanted an arm put in on this property, could he just come to the Board. Chairman, Roger Rose, commented the arm is the negotiation point. There was further discussion on this issue. Craig Hanna commented when the tile was put in originally someone must have thought the area needed to be drained, so something was better than nothing. Craig asked, “is this going to be better and more benefit than what we have now?” Chairman, Roger Rose, commented the old clay tiles that are a hundred years old have limited life, and must be replaced at some point. Mike Smith commented the repair bills have been very minimal. Chairman, Roger Rose, asked, “how much life do you think this tile has?” The comment was made until the Gault ditch is cleaned out. Tim Smith commented the Gault ditch gets worse every year. Sherry Fulton commented the cost to do this reconstruction will go even higher by the time the Gault ditch is done, and it will cost you more in the long run. After much further discussion, Stan Musgrave commented in his assessment, he feels there is an outlet for this tile. After further discussion, Drainage Board Attorney, Greg Heller, commented in section 112 in the Drainage Code it lists all the factors that the Board can consider on a reconstruction project. Greg commented if there is a drain downstream that is going to be affected, then the Board can consider that factor. Greg further commented you cannot look at just one section of a Statute; the entire Statute must be looked at. After further discussion, Chairman, Roger Rose, commented the Board has heard all the arguments and now as a Board we need to decide what needs to be done. Sherry Fulton commented we need to figure out the cost versus benefits. Chairman, Roger Rose, commented the question of the outlet keeps arising in and this was also the concern in the first hearing we had on this project. Chairman, Roger Rose, commented the character of the outlet seems to be a big consideration in terms of the appropriateness for this project. The Board continued to discuss this situation. Stan Musgrave commented the Board has the authority to do something with this system, but the system downstream we do not have the authority. Stan stated it lies with the Board to determine whether we want to isolate this system and look at individually as having a proper outlet to serve this system, or look at what is on downstream. Stan Musgrave asked Mike Smith if someone would take pictures of your farmland on the Gault ditch, do you have crops growing there. Mike commented for the past three (3) or four (4) years the corn yield has been approximately seventy (70) bushel, because the muck ground is swampy because of the water retention in the area. Mike commented with the water table that high, there is approximately fifteen (15) acres of crop that only gets up so high and is stunned. Stan Musgrave asked if there is an accepted approved method of figuring cost of benefits or any guidance that we can use over a period of time to come to a more realistic, true figure. Drainage Board Attorney, Greg Heller, commented the Reconstruction Report prepared by the Surveyor has already made that determination. Greg commented the report reflects the percentage by the number of acres the landowner has in the watershed. Stan commented that does not answer the question in his mind. Stan commented he wants to know what the benefit is to do the project and then take the cost and compare the two. Stan commented we know what the cost is, but do not know what the benefit is. After much further discussion, Chairman, Roger Rose, commented there are so many variables, it is hard to predict how long a tile will last. Tim Smith commented the problem is where there is less coverage on the tile, and we are the ones having the trouble with blowouts. After much further discussion, the landowners still feel the cost of the project is excessive, and they feel the project is basically only benefiting one individual. Chairman, Roger Rose, commented the Board cannot guarantee there will be no standing water on the property that is not a part of this. Chairman, Roger Rose, stated one of the issues to be considered is it appropriate to include the cost of the arm extending to Bruce Beehler’s property as part of the project. Chairman, Roger Rose, commented that was an issue raised by some of the landowners, and the Board needs to decide if that needs to be included in the motion. Sherry Fulton asked how much of the cost is the arm. Chairman, Roger Rose, stated the arm is four hundred and twenty (420) feet. Fulton County Surveyor, Don Towne, commented he did not have the number with him, but estimates the cost to be approximately seventy-five hundred dollars ($7500.00). Chairman, Roger Rose, commented that would reduce the cost of the overall project. Drainage Board Secretary, Jean Cloud, commented the estimated cost of the entire project is one hundred and twenty-five thousand five hundred one dollar and sixty cents ($125,501.60). If you deduct the seventy-five hundred off of the estimate, then the estimated cost would be approximately one hundred and eighteen thousand dollars ($118,000.00), which does not include the engineering cost. Chairman, Roger Rose, commented he feels that would be an appropriate compromise for the project to eliminate the arm cost from the project and make the landowner bear the expense. Stan Musgrave asked if it would be appropriate to give us time to figure this or contemplate our decision. Chairman, Roger Rose, commented we do not like to drag these things out, and any way you cut this, there is a very gray proposition in terms of assessing the costs and benefits. Roger also commented any further time or consideration will not help us come to a better conclusion. Roger stated he went through this a year ago and the same argument has been presented, and it is no clearer now and there two (2) factors entering in to this in terms of computing costs and benefits that are not going to be any easier to qualify no matter how much time you spend on this. Roger commented that this is not something that wins itself to real detail quantitative analysis. Roger further commented it has to be summed all together and using two of the factors come up with a payment and that is what makes it so difficult. Drainage Board Attorney, Greg Heller, commented one of the options of the Board is the meeting can be adjourned to obtain more information. Chairman, Roger Rose, commented that would be appropriate where you have specific items of information that we lack that could be obtained. Roger further commented the Board has done that in the past, but does not feel this is one of those situations. Sherry Fulton commented this is difficult, because there are benefits. There was further discussion about there being so many variables and the fact we do not know what is going to happen in the future. Stan Musgrave asked, “What is the normal criteria for replacing a tile?” Fulton County Surveyor, Don Towne, responded it is normally landowner’s input. Stan asked, “Is the repair cost for the system, high, low or normal?” Don responded for the system it is low. Don commented the reason for the reconstruction is to lower the elevation of the tile. After further discussion, Bruce Beehler commented he feels the Board needs to consider justice as stated in Section 112. Bruce further commented as direct benefit, it appears on the surface that I am the only one, but you have to take into account the congregations of water and where it comes from. Bruce commented once this is taken into consideration then it is easier to see there are others involved. Bruce commented someday the tile will have to be replaced. Bruce commented the immediate problem is the fact of the retention ponds. Harold Costello commented we all have retention ponds, that is just the lay of the land in that area. Mike Smith asked if there is a law stating if the majority of the landowners oppose, then it can be thrown out. Drainage Board Attorney, Greg Heller, commented that is not the determining factor, there is no Statute stating the majority rules. Stan Musgrave commented the Statute talks about being reimbursed for damages. Fulton County Surveyor, Don Towne, commented if an open ditch is put in to save the landowners’ money on the project, then the landowners are paid for lost acres. Stan Musgrave commented there is no money paid to a landowner because the ground is torn up while installing a new tile. After further discussion, Chairman, Roger Rose, commented this will need to be done eventually and when it is done the certainty is that the cost will be higher. Stan Musgrave commented why should Bruce have to pay maintenance and not get drainage on his area. Stan commented over a period of time that could be quite a large amount of money, not looking at the possible profit off of the land, but just looking at the expense of paying on the ditch. Stan asked if there is any way of alleviating him from the cost, due to the fact the system does not benefit the acres and the ditch level is above his ground. After further discussion, Mike Smith asked if this is voted in, what happens to the old tile on the lower part, is it still under maintenance. Fulton County Surveyor, Don Towne, commented the old tile would be abandoned, and hopefully the contractor follows the existing route. Don commented some of the landowners do not want to use the existing route and others want the new tile laid beside the old tile. Don commented if the landowners want the existing route to be used for the new tile, then that will be indicated in the specs for bidding. After further discussion on how the tile would be put in, Fulton County Surveyor, Don Towne, commented since the work will be over seventy-five thousand dollars ($75,000.00), the work will be advertised in the paper and that will bring in outside contractors to bid on the project, besides the local contractors. After more discussion, Chairman, Roger Rose, asked what the deepest cut would be on this project. Don commented there will be a 14 ½ foot cut at State Road 17, and there will be another point out the in the field that would also be at least that deep. Don further explained how the contractor normally puts in a new tile, and stated he is proposing to use 24’ smooth flow because it will handle more water, than a standard 24” inch tile. After further discussion, Stan asked how wide of a path through the field will be disrupted to the point it would lose productivity for a period of time. Fulton County Surveyor, Don Towne, commented approximately fifty (50) foot, and the period of time would be one season. Don commented the best time to do the work is in the summer. There was further discussion on this issue. Stan Musgrave asked if this would be a proper motion to say that this would proceed once the Gault ditch is cleaned or is this an improper motion. Drainage Board Attorney, Greg Heller, commented the meeting would have to be adjourned to a date specific or a day to day, or adjourn the meeting on awaiting the decision to be made on the Gault ditch. Greg commented if the later was done, then notices would need to be sent out to everyone again. Stan asked if the project could be approved on that condition. Greg responded, “no,” the motion has to be to adjourn, or the motion has to be the costs are less than the benefits, and if you vote yes I agree with that then the project goes through, if you vote no then the project is rejected. Chairman, Roger Rose, commented that could be the basis for voting no on the project for your reasons, and the Board could take that factor into consideration if this came up again. Bruce Beehler stated he is going to disagree with Mr. Heller. Bruce states the law says the Board may consider but not bound to the assessment of benefited acres but can vary, as justice requires. Drainage Board Attorney, Greg Heller, responded by saying the Board can adjourn the meeting to obtain additional information to amend the reconstruction report that has been presented. Greg commented the Board could make adjustments to the report. Greg reiterated the Board’s options. Bruce Beehler read from Section 112 of the Drainage Law. Greg commented that is the Section that the Board can look at in making their decision. Greg further explained the Section c as to how it pertains to the Board. Bruce Beehler commented he would like to remind the Board he paid his dues for the reconstruction back in 1983. After brief discussion, Chairman, Roger Rose, commented a decision has not been made to remove the arm from the reconstruction, but that was brought up as an issue. Chairman, Roger Rose, commented it had been mentioned in several of the letters, and felt that would be an appropriate compromise. A comment was made that the arm definitely should not be a part of the project, because it is not a part of the main tile. Fulton County Surveyor, Don Towne, commented the reason the arm was put in on the project was because when shots were taken on the ditch the original route of the ditch was taken into consideration, and when the twenty (20) inch concrete was put in, the tile was moved in order to have sufficient cover. Don further commented it would save money to butt into the twenty (20) inch, and then run a spur to Bruce’s property, which would save money, instead of running a twenty-four (24) inch tile the entire distance. Drainage Board Attorney, Greg Heller, commented the Board should say they are modifying the report. Greg advised the Board if they are going to modify the report, it would be best to make a motion to modify the report, and then make a motion if the cost is less than the benefits. Tim Smith asked if that is included in the maintenance on the tile. Don Towne commented his proposal is including it in the maintenance of the tile. Don commented the twenty (20) inch is included in the maintenance, because the old tile was abandoned and that is the reason Bruce pumps his area. Don commented the old tile would have been too high through Bruce’s muck area. Don commented he is assuming that is why the tile was moved to the west and did a half moon and put in the twenty (20) inch concrete tile. Chairman, Roger Rose, commented the Board will take a brief recess at 1 PM. Chairman, Roger Rose, called the meeting back to order at 1:15 P.M. Chairman, Roger Rose, commented there has been a lengthy discussion on the pros and cons on the project. Chairman, Roger Rose, entertained a motion to take some kind of action. Stanley Musgrave made a motion to amend that the arm that goes to the Bruce Beehler’s low spot be removed from the main project and the expense of that if it is done at the same time be borne by Bruce Beehler. Sherry Fulton seconded the motion. Chairman, Roger Rose, commented the motion on the floor is to amend the proposed project in such a way that the cost of the arm that extends from the main tile to the Beehler property be excluded from the project and the cost be borne by Mr. Beehler. Being no further discussion, motion carried three to zero. Chairman, Roger Rose, stated the motion he is proposing to entertain is that the Board has found the costs, damages and expenses of the project as modified would be less than benefits accruing to the owners of the land likely to be benefited. Roger commented a yes vote to this motion would be to proceed with the project. Drainage Board Attorney, Greg Heller, commented a motion could also be made to adjourn, which is an option. Stan Musgrave made a motion finding the costs, damages and expenses of the project as modified would be less than benefits accruing to the owners of the land likely to be benefited. Sherry Fulton seconded the motion. Stan commented his observation would be that the motion is true in the long term over the life of the project, which say it is a hundred years old but who knows what it is, but in a short term it would not be. Sherry commented she is looking at the costs to do this now would be less than doing it in the future, and we know that it will need to be done eventually. Roger commented it is clear that the arm from the main tile to the Bruce Beehler property is excluded as modified in the previous motion. Motion carried two to one. Stan Musgrave voted against the motion. IT IS NOW ORDERED, by the Fulton County Drainage Board that the Schedule of Assessment is approved for the reconstruction of the Joseph Leasure Tile, Cause No. 5-1983, #577; in Wayne Township, Fulton County. 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, commented if there is no other discussion, he would entertain a motion to close the Reconstruction Hearing on the Joseph Leasure Main Tile. Sherry Fulton made a motion to adjourn the Reconstruction Hearing on the Joseph Leasure Main Tile. Stan Musgrave seconded the motion. Motion carried three to zero. It is duly noted that Drainage Board Attorney, Greg Heller, excused himself from the meeting at 1:20 P.M. D.S.T. IN REF: CLAIMS Drainage Board Secretary, Jean Cloud, explained the claims she had received from the Priority Project Resources for her services in preparation of the grant applications. IN REF: LUCENIA SMITH OPEN UPDATE CAUSE NO. 1-2008J #797 Fulton County Highway Superintendent, Dave Tofson, stated there is a pipe on the project that needs lowered. Dave commented a 16 by 9 ½ foot pipe needs to be lowered four (4) feet. Dave commented this is a flat bottom pipe under a county road. Fulton County Surveyor, Don Towne commented by looking at the old grade, someone put the pipe in without cleaning the ditch. Dave Tofson is here to inform the Board if the pipe has to be replaced the cost of the pipe will be approximately fifty-seven thousand dollars ($57,000.00). Dave commented after talking to Don if the pipe has to be replaced, it would not have to be that size. The comment was made the pipe is probably twenty-seven (27) to twenty-eight (28) years old, and it is still in pretty good shape. Dave commented he had CPI come and measure it, and we need to go at least ten (10) foot per side for the drop, because the pipe is actually short for where it is at and there are steep grades on both sides. Dave commented once they get the pipe up, then they will add on to the pipe. Dave commented an additional appropriation will need to be done out of Cum Bridge, because in order to save this pipe we will need to get a crane. The cost will be an additional five thousand dollars ($5,000.00) on the project. Dave also commented the cost to add on to the pipe will be in the range of twenty (20) to twenty-five thousand dollars ($25,000.00). Sherry Fulton asked if the pipe has to be replaced, how much smaller can we go and what would be the cost. Dave responded approximately thirty-eight thousand dollars ($38,000.00) was paid for a 10 by 70 foot pipe. Stan Musgrave asked where the pipe is located and what would happen if it this is not done. Fulton County Surveyor, Don Towne, commented it is on County Road 250 East, and it would ruin the project. Dave Tofson commented they do not know if they can add on to the pipe, and also do not know if the pipe can be taken out without damaging it. Dave commented the work would have to be done with a crane, so he would be coming to the Commissioner’s meeting to asking for an additional appropriation from the Cum Bridge Fund. Dave commented the contractor, Dale Overmyer, wanted to do the work this week, but we will not have answers that quick. Fulton County Surveyor, Don Towne, asked since this is being done through the summer months could the road be closed for a little while so the contractor can go through the area. Dave Tofson commented the road closure would be up to the Commissioner’s. After further discussion, Fulton County Surveyor, Don Towne, commented the main landowner it that area would be Carl Ault. Don commented there is also a house close by and does not feel the road closure would hurt him. Stan Musgrave asked how it could be done without closing the road. Don commented the road is always closed to put the pipe in, but since the contractor is getting close to where he will be going through the area and it would hold up project in order to take the pipe out and set it on the bank and the get the area to grade, and that could be another two (2) to three (3) weeks. Dave commented the normal road closures are usually a day or day and a half. There was further discussion on this issue. Being no further business to come before the Board, Chairman, Roger Rose, entertained a motion to adjourn the July 13, 2009 Drainage Board meeting at 2:15 P.M. D.S.T. Sherry Fulton made a motion to adjourn at 2:15 P.M. D.S.T. Stan Musgrave seconded the motion. Motion carried three to zero. RECONSTRUCTION: Banning Engineering, P.C. County Line Landfill $ 245.00 Banning Engineering, P.C. County Line Landfill $ 805.00 MAINTENANCE: Townsend Chemical Division Wagoner Schuler #506 $ 45.44 North Central Coop Wagoner Schuler #506 $ 40.00 Jesse Rude Levi Baker Tile #509 $ 115.00 Jesse Rude Levi Baker Tile #509 $ 367.40 North Central Co-op Bucher Arm #3 #520 $ 40.00 O-Henry’s Backhoe & Excavating Serv. Ammon Bucher Open #521 $ 4,346.47 Jesse Rude UE Dukes Main, Arm #1&2 Tile #533 $ 417.40 Gudas Excavating Krom Open #571 $ 2,470.00 Townsend Chemical Division Schertz Tile #611 $ 45.45 Priority Project Resources, Inc. Sears Tile #612 $ 862.50 Townsend Chemical Division Starr Tile #625 45.45 Townsend Chemical Division Torrence & Jones #630 $ 45.45 North Central Co-op John S. Wagoner #633 $ 40.00 Jesse Rude Theo J Whitle Tile #634 $ 258.75 State Central Collection Unit Smith Peterson #655 $ 3,375.00 Priority Project Resources, Inc. Leininger Tile #661 $ 862.50 North Central Co-op Pleasant View Tile #665 $ 37.50 North Central Co-op Graham Arm #1 #705 $ 40.00 Townsend Chemical Division Graham Arm #1 #705 $ 45.44 Gudas Excavating Bryant Leininger System #708 $ 1,612.65 Townsend Chemical Division Dan Kelley Tile #711 $ 45.44 Bill Morris Excavating Jud L. Hudkins #733 $ 6,480.00 State Central Collection Unit Upper Mill Creek #762 $ 5,362.50 Gudas Excavating Ball Ginther Shadel #790 $ 750.00 Overmyer Excavating LLC Lucenia Smith Open #797 $24,000.00 Claims: Board Members $ 366.00 Attorney $ 672.41 Clerical $2,756.04 Smith Office Plus, Inc. $ 115.60 Hometown Electronics/Radio Shack $ 8.79 Jean E. Cloud $ 13.05 U S Post Office $ 329.85 Rochester Sentinel $ 19.70 Rochester Telephone Co. $ 33.63 Observer $ 20.09 FULTON COUNTY DRAINAGE BOARD _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ Surveyor ATTEST:_____________________________________ Jean E. 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