ĐĎॹá>ţ˙ …‡ţ˙˙˙ƒ„˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁ7 đżŒbjbjUU *˛7|7|Y‹2˙˙˙˙˙˙l,,,,,,,@ě!ě!ě!8$" 0"t@.ś°"°"Ć"Ć"Ć"Ć"Ć"Ć"’-”-”-”-”-”-”-$É. é0¸-,Ć"Ć"Ć"Ć"Ć"¸-ě&,,Ć"Ć"Í-ě&ě&ě&Ć"Ś,Ć",Ć"’-ě&Ć"’-ě&Śě&’-,,’-Ć"¤" 6-<–?É@Ź ě!l#â’-’-ă-0.’-Ť1N$žŤ1’-ě&@@,,,,ŮThe Fulton County Drainage Board met on the 13th of October 2008 at 9:00 A.M. D.S.T. in the Conference Room of the Fulton County Office Building. Board Members present were Chairman, Roger D. Rose; Vice Chairman, Richard A. Powell; and Board Member, Mark J. Rodriguez. Also present were Don Towne, Fulton County Surveyor; Tom Chudzynski, Assistant Surveyor; Jean Cloud, Drainage Board Secretary; Greg Heller, Drainage Board Attorney; and Henry Smith. It is duly noted that Drainage Board Attorney, Greg Heller, excused himself from the meeting at 9:40 A.M. and returned before the adjournment of the meeting. 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 September 8, 2008 Drainage Board minutes. Being no additions or corrections, Chairman, Roger Rose, entertained a motion to accept the September 8, 2008 Drainage Board minutes as presented. Richard Powell made a motion to accept the September 8, 2008 Drainage Board minutes as presented. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: WILLIAM GRAHAM OPEN UPDATE CAUSE NO. 4-1972 #545 AMMON BUCHER OPEN CAUSE NO.27-1981J #521 BALL GINTHER SHADEL CAUSE NO. 2-2006 #790 Chairman, Roger Rose, stated Contractor, Henry Smith, is here today to report on the status of the projects. Henry Smith explained to the Board when the economy was good, he had bid several jobs and was awarded several projects and got way behind. Henry further stated he is starting to get caught up and stated by the next Drainage Board meeting he should have the Graham ditch completed and at least fifty percent (50%) completed on the Bucher ditch, and shortly after that the Shadel ditch should be started. Henry further commented he should have all three (3) projects completed by the end of the year. Henry further commented that the Bucher and the Shadel has a lot of brushing, but the Graham ditch should not take that long because there is not that much brush on it. Vice Chairman, Richard Powell, asked which ditch was he the furthest behind on. Fulton County Surveyor, Don Towne, stated it would probably be the Ball Ginther Shadel. Don further commented there are permits on the Bucher, so we don’t want to get to far out on it. Henry Smith commented there are still crops in the field on the Bucher, and Henry talked to a couple of the landowners the other day and they would like for him to wait a couple of weeks in order to get their beans harvested. Henry Smith stated that is the reason he is going to get the Graham ditch done, because there are no crops to be affected. Drainage Board Secretary, Jean Cloud, reported to the Board that the Ball Ginther Shadel was to be completed on April 15, 2007; Graham completed December 15, 2007; and Bucher was to be completed May 1, 2008. Fulton County Surveyor, Don Towne, commented the permits on the Bucher are good for two (2) years. Henry Smith commented he has work started on the Bucher and the Shadel. Henry commented he is probably a third of the way done on the Bucher and the Ball Ginther Shadel is over halfway done, just haven’t done the branch. Mark Rodriguez asked the Surveyor if he was ok with the time line on the projects. Fulton County Surveyor, Don Towne, commented he was all right with the time line, if the Board was ok with the time line. Vice Chairman, Richard Powell, asked Henry Smith if he had other projects that would interfere with the time line. Henry Smith commented he had everything else out of the way. Drainage Board Secretary, Jean Cloud, commented that Henry Smith had been paid a partial payment on the Ball Ginther Shadel. Jean further commented the original bid was twenty thousand five hundred dollars ($20,500.00) and he was paid eight thousand dollars ($8,000.00). Jean further stated there has been no work done on the Graham, so therefore; no payments have been made to the contractor. Drainage Board Secretary, Jean Cloud, commented Henry did receive the letter the Drainage Board sent, and has been in contact with Fulton County Surveyor, Don Towne, and myself. Drainage Board Secretary, Jean Cloud, further commented that Henry had contacted her and wanted to come into the Board meeting today and let the Board know where he was on the projects, which Jean further commented we do appreciate that. Chairman, Roger Rose, commented to Henry that the Board has been debating for several months of what to do in this situation, because we do not like to set precedence where we let contractors go beyond their deadlines. Chairman, Roger Rose, commented to Henry that they appreciated his efforts to catch up, because the Board does not want to be the bad guy. Henry further commented he hoped to have the Graham ditch completed by the next Drainage Board meeting and be on the next project. Henry also commented that he had told Fulton County Surveyor, Don Towne, that once he got on the job, he would stay on them until they were done. Mark Rodriguez commented to the contractor that the plan sounds good, and if you deviate from the proposed plan, let the Surveyor know. Henry stated he would keep in touch with the Surveyor. Chairman, Roger Rose, thanked Henry Smith for the update. IN REF: COUNTY LINE LANDFILL PRESENTATION BY EXPANSION JEFF HEALY Jeff Healy from Banning Engineering commented he had sent a copy of the evaluation of the project earlier for your review. Jeff stated Fulton County Surveyor, Don Towne, had sent plans of the County Line Landfill Expansion to him for review. Jeff Healy commented the landfill is along US 31 on the west side, State Road 110 on the north, County Road 700 North on the south side and Old US 31 on the east side. Jeff further stated the landfill is active and has been for quite some time. Jeff Healy commented the landfill has been impacting on the drainage area for quite some time, which consists of a tile that extends from the landfill and extends south and then east and outlets into the Charles Town Open, when extends on over to another open ditch. Jeff Healy commented he had included in the report, the Shaw Environmental design of the expansion, for documentation purposes. Jeff gave a computer presentation and showed the Drainage Board where the regulated drain was located and commented that the regulated drain is a twelve (12) inch tile according to the old records. Jeff commented the year of the record is 1904, which indicates that the tile has been the ground around one hundred and four (104) years. Jeff commented usually a condition evaluation is done; we usually walk or use an ATV to completely look at a tile to see if there are any blowholes and any thing else. Jeff commented when the review came in, the area was in crop and the landfill occupies a lot of the area. The landfill has retention areas and a dry basin along the county highway. Jeff further commented that the landfill is already impacting the drainage way. Jeff further commented that the Fulton County Surveyor, Don Towne, is familiar with the area, and the tile is breaking down, as far as the condition of the materials, which could be from overcapacity, which is part of the issue, and also the age of the clay tile has reached its useful life expectancy. Fulton County Surveyor, Don Towne, commented the tile is twelve (12) inch all the way, but once the tile leaves the landfill there is six tenths grade and at the low end there is three tenths grade which puts a tremendous amount of pressure on the low end. Jeff also commented that there are some surface inlets on the tile, so when you look at the condition evaluation, it is probably barely adequate for using a normal agricultural drainage condition. After further comments made by Jeff, Jeff commented that Don had contacted him and stated that the Charles Town Open also needed to be looked at. Jeff stated he has not looked at the open, but according to what Don has reported and what can be seen on the aerials, Jeff further commented that the open is in pretty good shape as far as needing cleared. Jeff further commented that Don has stated he personally going to have some work done on the ditch yet this year. Don commented he has talked with Kirk Ingram and he is going to be doing the work, and also just recently harvested the beans off of the area. Don further commented if there is a big rain event, the ditch north of Tiosa floods. Don further commented that he had talked with landowner, Bill Lewis, and there is concern because of the area flooding and it does affect some of the homes at edge of Tiosa. Don further stated there is a five (5) foot pipe under the railroad then goes a short distance and turns a ninety at four (4) foot pipe under County Road 700 North. Don further explained that he owns the remainder of the property on the low end, which he is planning on cleaning out. Don stated that the County Highway has been looking and talking about putting a six (6) foot pipe under County Road 700 N, which would help offset the ninety turn, which would help. Jeff Healy commented he would encourage the six (6) foot pipe being installed under the County Road. Jeff Healy commented that one of things that brought us to this point, was not only the age of the tile and the increase or expansion of the potential landfill, but some of the water in the south western portion drains to another lateral and down to 31 until it gets to the Thompson Wynn Rannels ditch. Jeff further commented the water all gets to the same outlet at the intersection point and get backs into the same watershed before it gets to the river, but part of the issue is that approximately seventy-two (72) acres of land that drains to the west at present and it is being proposed with the landfill expansion would end up at the intersection of Old 31 and County Road 700 North. Don further stated that this does not include the development at the north end of the landfill, which has changed and we are not sure what percent of water is coming to the south from that area. Jeff Healy further commented the original proposal was they would match the existing conditions, hydrology, with their new development. Jeff stated in other words they were planning on discharging what they were now according to Shaw calculations. Jeff further stated they were proposing a new retention pond, wetland mitigation and other proposals for the area at the south. After brief discussion, Vice Chairman, Richard Powell, asked if Shaw is drainage people. Jeff commented that they have used the appropriate methodologies and have used the same hydrologic software that we use to do design work, and the methods are appropriate and the curved numbers are right, there pipe flow and orifice flow computations appear to be pretty good. Jeff commented he did not have problems with their methodology, other than they were still proposing even in their initial proposal to replace the dry basin and a pond on the east side with a retention pond, which they say would be at least ten (10) years and maybe fifteen (15) before this is all active. Jeff stated that is the proposed wetland mitigation, which has been permitted with IDEM and Army Corp to move some, of their other wetlands on site to that point and then it would discharge right into the intersection. After further discussion, Jeff commented that they were proposing to discharge as much as 35 cfs in a hundred year storm. Jeff stated and we have a twelve (12) inch, hundred year old tile, and that would be the primary outlet with no surface drain, other than the roadside ditch, and a surface swale on top of the ground. Jeff further stated they were not considering the downstream condition or capacity. Jeff stated he commented he advised them that they must consider the downstream condition, and at that time they redesigned and came back with a much-reduced discharge, which went from 35 cfs to 6 cfs. Jeff commented with all the acres coming down between Old 31 to New 31 and State Road 110 and County Road 700 North, the majority of water will hit the Charles Town Tile and the Charles Town Open. Jeff commented that they are using the right design for the retention pond, but still proposing a discharge of 6 cfs in a hundred year storm event, which would be a huge restriction. Jeff further discussed the hydrographs with the Board. Jeff Healy then explained the three (3) alternatives for the project. #1 Alternative would be replacing what is there: excavating the same alignment, distance, capacity, and size. Jeff stated there would still be the challenge with grade. Jeff stated the existing clay would be replaced with HiQ, which would give a little improvement. Jeff further stated the proposed cost for this alternative would be approximately $82,300.00. Jeff stated if a one-time assessment would be done, there is approximately 438 benefited acres with Allied Waste owning approximately 239 benefited acres. Jeff stated the proposed rate would be $188.00 per benefited acre. Jeff explained if that was spread out over five (5) years as allowed by ordinance at ten percent (10%) interest that would allow $49.52 per acre per year for five years. Jeff stated that would be allowed under maintenance because it is technically the same size tile with the same grades. Drainage Board Secretary, Jean Cloud, explained if this would be set up under maintenance there would be no interest. There was further discussion on this issue. #2 Alternative would be replacing the existing twelve (12) inch, with a range of tile, beginning near the intersection of County Road 700 and Old 31 with a fifteen (15) inch tile at the landfill outlet and transitioning to an eighteen (18) inch at Old 31 then ultimately to a twenty-four (24) inch downstream. Jeff further commented that would provide a conveyance capacity of about two thirds of what the landfill would be discharging in a hundred year storm event, plus the additional capacity for other drain laterals coming into this at various locations. After further discussion, Jeff stated that cost would be approximately $178,900.00, which would definitely be reconstruction. Jeff further commented that the cost would be approximately $408.00 per acre. #3 Alternative is sized virtually the same as alternative 2, but looked at the land use and soils in the area and proposed landfill discharge. Jeff stated he allowed the landfill to discharge their entire 100-year event and keep it underground in a pipe and a pipe large enough to take the 6cfs. Jeff further explained alternative 3 to the Board. Jeff stated the proposal for this alternative would start with an eighteen (18) inch tile at the road and then transitions into a twenty-four (24) inch downstream. Jeff stated the approximate cost of this alternative would be $161, 400, which would also be a reconstruction, with a cost per acre of $368.00. Chairman, Roger Rose, asked, “how on alternative 3 we are starting out with a larger tile and there is less cost than with alternative 2?” Fulton County Surveyor, Don Towne, responded they would be taking advantage of the grade and running the eighteen (18) inch farer and using fewer twenty-four (24) inch on the low end. There was much further discussion. Jeff discussed with the Board about the landowners paying the $37,471 for replacing the tile and Allied Waste pay the remainder. After much further discussion, Jeff recommended Alternative 3 with a proposed rate of $188.00 per benefited acre for the landowner’s acres and $518.00 per benefited acre for Allied Waste. Don commented that he is on the low end, so he is the one having all the breakdowns, so the neighbors aren’t being hurt. Fulton County Surveyor, Don Towne, commented that a hearing needs to be set for the Charles Town Tile and Charles Town Open. After further discussion, Fulton County Surveyor, Don Towne, commented whichever plan we go with the tile, should be less impact on the open ditch. Jeff Healy commented it should handle it, but the county should go ahead and put in a six (6) foot culvert at County Road 700 North. Jeff Healy further commented that a maintenance assessment should be considered on the open ditch. After further discussion, Jeff commented he figured at least two dollars ($2.00) per benefited acre for the maintenance for the open ditch. Jeff Healy commented he is recommending the Alternative 3 for the reconstruction of the tile and setting up the open on maintenance at two dollars ($2.00) per acre. Fulton County Surveyor, Don Towne, stated the hearing is also to see if the landowners are ok with letting the landfill bring into the tile an additional seventy-two (72) acres. Vice Chairman, Richard Powell, asked if the landfill could go ahead and put the additional acres into the watershed. Jeff Healy commented the County does not have an ordinance to match what they are doing now, as far as discharging. The comment was made, because they are adding additional water in a watershed they are required to bring this to the Drainage Board for approval. There was discussion that the Board has leverage with the regulated drain IC 36-9-27. Don stated the landfill does not feel that the Statute applies to their situation. Drainage Board Secretary, Jean Cloud, commented a letter has been sent to IDEM expressing the Drainage Board concern with this expansion project. Jeff Healy commented that if we see a permit has been issued, it could be challenged. After further discussion, Chairman, Roger Rose, stated he feels that Shaw Environmental needs to be contacted before the hearing to get their reaction on the alternatives that has been discussed. Jeff Healy commented that he could send them a copy of the report. After much further discussion, Mark Rodriguez, stated there are benefits other than drainage that needs to be considered in this situation. Mark Rodriguez commented the benefits beyond drainage are the relationships with the neighbors with the large corporation. Vice Chairman, Richard Powell, commented they need to look at everything that will fuel the angry. There were further comments made on this issue. Mark Rodriguez also commented there is a big risk, because the Surveyor is a landowner. Chairman, Roger Rose, commented that has been anticipated and it has been discussed that Jeff Healy would conduct the public hearing. Jeff Healy commented under the Drainage Code he can act as a contracted Deputy Surveyor. After further discussion, Jeff Healy commented he would contact Marty Fallon at Shaw Environmental. There was further discussion on this issue and Jeff Healy further commented that 60% of the watershed benefits from the legal drain. Jeff further stated if the area did not have the artificial drain, it would not grow row crops. Mark Rodriguez further commented that the landfill’s point of contact would be with Jeff. Jeff Healy asked Fulton County Surveyor, Don Towne, to let him know when the crops are harvested, and he will go over every foot of tile and open before the hearing. Chairman, Roger Rose, called for a recess at 10:50 A.M. Chairman, Roger Rose, called the meeting back to order at 11:07 A.M. IN REF: CHARLES TOWN TILE HEARING SET:INCREASE CAUSE NO. 2-2008 #800 WATERSHED ACRES AND RECONSTRUCTION AND ESTABLISH A MAINTENANCE RATE Chairman, Roger Rose, entertained a motion to set the hearing to increase watershed acres and reconstruction and establish a maintenance rate for the Charles Town Tile, Cause No. 2-2008, #800; in Richland Township, Fulton County; to be held on Monday, December 8, 2008 at 9:30 A.M. D.S.T. in the Commissioners/Council Room in the Fulton County Office Building. Richard Powell made a motion to set the hearing to increase watershed acres by 72 acres more or less, and reconstruction and establish a maintenance rate for the Charles Town Tile, Cause No. 2-2008, #800; in Richland Township, Fulton County; to be held on Monday, December 8, 2008 at 9:30 A.M. D.S.T. in the Commissioners/Council Room in the Fulton County Office Building. Mark Rodriguez seconded the motion. Motion carried three to zero. COMES NOW, the Fulton County Surveyor presents to the Drainage Board a report for the purpose of increasing the watershed acres by 72 acres more or less, and doing a reconstruction and establishing a maintenance rate for the Charles Town Tile, Cause No. 2-2008, #800; Richland Township, Fulton County. Richard Powell made a motion to propose a reconstruction rate of five hundred and eighteen dollars ($518.00) per benefited acre for Allied Waste, as an exceptional benefit, with a five hundred and eighteen ($518.00) minimum and one hundred and eighty-eight dollars ($188.00) per benefited for all other landowners. The proposed maintenance rate for said tile will be two dollars ($2.00) per benefited acre with a ten dollar ($10.00) minimum for all landowners. Mark Rodriguez seconded the motion. Motion carried three to zero. The Drainage Board now prepares its Schedule of Assessments which schedule contains a description, which has been taken from the Surveyor’s Report. The said Schedule of Assessments as passed by the Drainage Board in the captioned drain, which is attached hereto and made a part hereof, shows the percent of the estimated cost for the increasing of the watershed and doing a reconstruction and establishing a maintenance rate for the landowners of the drain to be assessed against each of the said tracts of land which percentage being based upon the benefit of each tract of land for such proposed reconstruction rate and maintenance rate. The percent allocated to all land benefited one hundred percent. Notices to be sent as per Indiana Statute, the hearing date to be set for Monday, December 8, 2008 at 9:30 A.M. local time in the Commissioners/Council Room in the Fulton County Office Building. IN REF: CHARLES TOWN OPEN HEARING SET: INCREASE CAUSE NO. 3-2008 #801 WATERSHED ACRES AND ESTABLISH A MAINTENANCE RATE Chairman, Roger Rose, entertained a motion to set a hearing to increase the watershed acres and establish a maintenance rate of the Charles Town Open, Cause No. 3-2008, #801; Richland Township, Fulton County; to be held on Monday, December 8, 2008 at 9:30 A.M. D.S.T. in the Commissioners/Council Room in the Fulton County Office Building. Richard Powell made a motion to set a hearing to increase the watershed acres by 72 acres more or less, and establish a maintenance rate of the Charles Town Open, Cause No. 3-2008, #801; Richland Township, Fulton County; to be held on Monday, December 8, 2008 at 9:30 A.M. D.S.T. in the Commissioners/Council Room in the Fulton County Office Building. Mark Rodriguez seconded the motion. Motion carried three to zero. COMES NOW, the Fulton County Surveyor presents to the Drainage Board a report for the purpose of increasing the watershed acres by 72 acres more or less, and establishing a maintenance rate for the Charles Town Open, Cause No. 3-2008, #801; Richland Township, Fulton County. Richard Powell made a motion to propose a maintenance rate of two dollars ($2.00) per benefited acre with a ten dollar ($10.00) minimum. Mark Rodriguez seconded the motion. Motion carried three to zero. The Drainage Board now prepares its Schedule of Assessments which schedule contains a description, which has been taken from the Surveyor’s Report. The said Schedule of Assessments as passed by the Drainage Board in the captioned drain, which is attached hereto and made a part hereof, shows the percent of the estimated cost for the increasing the watershed acres and establishing a maintenance rate for the landowners of the drain to be assessed against each of the said tracts of land which percentage being based upon the benefit of each tract of land for such proposed maintenance rate. The percent allocated to all land benefited one hundred percent. Notices to be sent as per Indiana Statute, the hearing date to be set for Monday, December 8, 2008 at 9:30 A.M. local time in the Commissioners/Council Room in the Fulton County Office Building. IN REF: AKRON COMMUNITY CENTER DISCUSSION Fulton County Surveyor, Don Towne, stated the Drainage Plans were approved for the center. Don further stated the proposed plans were to put in a closed loop geothermal heating system. Don stated they would like to save money and run it into a detention area instead of a closed loop. Don further explained if all the units were running at a maximum that would produce 86 gallons of water per minute. Don stated in the detention area there is a six (6) inch outlet hooked into the tile. Don further commented that a dry well would be put in the detention area in order to help the area perk quicker. After further discussion, Chairman, Roger Rose, asked the Surveyor who his contact was on this project. Don responded “Brovont”. The Board’s decision was to tell the contractor “no”, because there is already a potential problem. IN REF: CHIPPEWANUCK CREEK UPDATE Fulton County Surveyor, Don Towne, stated he had SEA 368 meeting and this will be a joint drain with Kosciusko County. Don commented that the project was initially going to start at railroad, which is about a half mile from the river and go to Lake 16. Don stated when we had our meeting with DNR and IDEM, the area is flood plains and wetlands and instead of floating that area to be dredged, we moved the starting point for the project a thousand feet west of County Road 450 East. Don stated the upper end of the creek is close to the Ammon Bucher Open and that is where the project will stop. Don further explained in the wetland area, one-step removal would have to be done. Don stated there are farm fields in the area so we will be able to dump the spoil in the fields. Don stated he will talk to the landowners about doing this, and it should not be a problem because it will be in the off -season. Don stated there is a lot of trees to be removed and also we will be taking a lot out of the creek in several areas, because it is filled in. Don stated near the Fort Wayne Road there will quite a bit of spoil taken out to meet any culverts or bridges. Don further stated it is about a tenth grade through out the whole project. There was discussion on if the work would be done with a crane or a hoe. Don further stated the proposed cost would be from four (4) to six dollars ($6.00) per acre, depending on how many years we go out. After further discussion, Don further stated the creek will be cleaned, brushed and sprayed. Drainage Board Secretary, Jean Cloud, asked if this work would be done in phases. Don replied it would be done in two or three years in phases. Don further stated that Barr Lake, Lake 16, Town Lake and Rock Lake are included in the watershed, and feels this would come up in the hearing because the landowners go through several other lakes before it gets to the drain. Chairman, Roger Rose, asked what needed to be done today. Don stated we need to think about setting up a joint board and move forward. Chairman, Roger Rose, stated we would discuss this more after the first of the year. IN REF: JACKSON WAGONER OPEN HEARING SET:INCREASE CAUSE NO. 8-1970 #561 MAINTENANCE RATE Fulton County Surveyor, Don Towne, stated Jim Kline contacted him and wants the drain cleaned out. Don stated the drain is set up on maintenance, and there is approximately three hundred and forty-eight dollars ($348.00) in the fund. Don stated the open is a short stretch of about thirteen hundred (1300) feet. Don stated the drain does need cleaned, and there is large county tile that drains into this open and it is blowing out a lot, because the open is over the tile. Don stated Jim would like to have it cleaned out right a way. Don asked the Board if they would be ok with going in the hole until we get the maintenance raised. Chairman, Roger Rose, asked what the estimate would be. Don stated that Jim wanted Bill Widner to do the work and it would probably be somewhere between thirteen (13) to sixteen hundred dollars ($1600.00). After further discussion, Chairman, Roger Rose, stated he does not want to go out that far, before a hearing is done. Fulton County Surveyor, Don Towne, asked if the Board would approve paying five hundred dollars ($500.00) and the landowner pay the remainder and then if we have a hearing we could reimburse him the remainder. The Board agreed to paying five hundred dollars ($500.00) out of maintenance and then after the hearing we would reimburse the landowner. Chairman, Roger Rose, stated we need to set a hearing to increase the maintenance rate. After brief discussion, Chairman, Roger Rose, entertained a motion to set a hearing to increase the maintenance rate on the Jackson and Wagoner Open, Cause No. 8-1970, #561; in Aubbeenaubee Township; to be held on Monday, January 12, 2009 at 9:30 A.M. local time in the Commissioners/Council Room in the Fulton County Office Building. Mark Rodriguez made the motion to set a hearing to increase the maintenance rate on the Jackson and Wagoner Open, Cause No. 8-1970, #561; in Aubbeenaubee Township; to be held on Monday, January 12, 2009 at 9:30 A.M. local time in the Commissioners/Council Room in the Fulton County Office Building. Richard Powell seconded the motion. Motion carried three to zero. COMES NOW, the Fulton County Surveyor presents to the Drainage Board a report for the purpose of increasing the maintenance rate for the Jackson and Wagoner Open, Cause No. 8-1970, #561; in Aubbeenaubee Township, Fulton County. Mark Rodriguez made a motion t propose an increase in the maintenance rate from thirty-four cents ($.34) per benefited acre with a five dollar ($5.00) minimum to two dollars ($2.00) per benefited acre with a ten dollar ($10.00) minimum. Richard Powell seconded the motion. Motion carried three to zero. The Drainage Board now prepares its Schedule of Assessments which schedule contains a description, which has been taken from the Surveyor’s Report. The said Schedule of Assessments as passed by the Drainage Board in the captioned drain, which is attached hereto and made a part hereof, shows the percent of the estimated cost for the increasing the maintenance rate for the landowners of the drain to be assessed against each of the said tracts of land which percentage being based upon the benefit of each tract of land for such proposed increase in maintenance rate. Notices to be sent as per Indiana Statute, the hearing date be set for Monday, January 12, 2009 at 9:30 A.M. local time in the Commissioners/Council Room in the Fulton County Office Building. IN REF: C B MASTELLAR OPEN RESCHEDULE HEARING CAUSE NO. 19-1968 #689 Drainage Board Secretary, Jean Cloud, stated the hearing to increase the maintenance rate on said drain needs to be rescheduled. Jean further stated the hearing was originally set for November 10, but she did not get the landowners notices done in order to meet the statute requirements for mailing. Chairman, Roger Rose, entertained a motion to reschedule the hearing to increase the maintenance rate on said drain from November 10 to January 12, 2009 at 10:00 A.M. local time. Richard Powell made a motion to reschedule the hearing to increase the maintenance rate on said drain from November 10 to January 12, 2009 at 10:00 A.M. local time. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: A.W. AND A.H. GOOD TILE DISCUSSION CAUSE NO. 4-2003 #787 Fulton County Surveyor, Don Towne, stated at last month’s meeting we discussed the Statute pertaining to this tile, and feel the wrong Statute was looked at the time we were discussing the petition. Don stated the drain is already a regulated drain; we just want to set the drain up for maintenance. Drainage Board Secretary, Jean Cloud, stated the Statute that would pertain to this situation would be 36-9-27-36, which states that ten percent (10%) of the landowners is required for the reclassification of the regulated drain. After further discussion, Drainage Board Attorney, Greg Heller, agreed if it is already a regulated drain, then ten percent (10%) of the landowners would be the requirement to change the classification of the drain. Chairman, Roger Rose, stated if the petition meets statutory requirements then the Surveyor could proceed. IN REF: ROUCH DITCH #2 TILE UPDATE CAUSE No. 4-1971 #604 Fulton County Surveyor, Don Towne, stated he had contacted Jesse Rude to see if he would be interested in doing the work, and he stated he was busy with harvest at this time. Don stated he had contacted Kirk Ingram. Drainage Board Secretary, Jean Cloud, asked Surveyor, Don Towne, if he had given Kathy Rentschler a dollar amount that she would be responsible for replacing the tile. Don replied he had told her four hundred dollars ($400.00). Chairman, Roger Rose, commented the tile would be replaced with PVC and Kathy Rentschler has agreed to pay four hundred dollars ($400.00). IN REF: LITTLE MILL CREEK UPDATE Vice Chairman, Richard Powell, asked if the letter had been sent to Pulaski County. Drainage Board Secretary, Jean Cloud, stated she had sent a letter to the Pulaski County Drainage Board and Surveyor in reference to the small pipe being installed in said drain. Jean further stated that Don had talked with Joyce and she was going to talk with her Board on the situation. As of to date we have not heard any more on the issue. Fulton County Surveyor, Don Towne, commented that the landowner asked if we would push the issue, and explained to him that it is a neighboring county and we had pointed out to them that the pipe was too small and should be removed, and we did a follow up on the situation because we thought they was reading the wrong Statute. Being no further business to come before the Board, Chairman, Roger Rose, entertained a motion to adjourn the October 13, 2008 meeting at 12:22 P.M. D.S.T. Mark Rodriguez made a motion to adjourn the October 13, 2008 meeting at 12:22 P.M. D.S.T. Richard Powell seconded the motion. Motion carried three to zero. MAINTENANCE: Shideler Spray, Inc. Ammon Bucher Open #521 $ 820.62 Shideler Spray, Inc. Elijah Miller Arm #1 Open #587 $ 293.25 Shideler Spray, Inc. Elijah Miller Main Open #589 $ 452.16 Jesse Rude Isaac Sears Tile #612 $ 375.00 Jesse Rude Thompson,Wynn Rannels #664 $1,865.00 Shideler Spray, Inc. Mud Creek #723 $3,576.96 Widner & Sons Excavation, Inc. Guise Overmyer #726 $ 300.00 Shideler Spray, Inc. Harter Curtis Open #755 $1,026.00 DNR Permit for Upper Mill Creek $ 200.00 Shideler Spray, Inc. Little Yellow Creek #768 $ 603.00 Shideler Spray, Inc. Austin Blue #776 $ 394.20 CLAIMS: Board Members $ 305.00 Clerical $1,830.84 Jean E. Cloud $ 12.44 Postage Reimbursement Banning Engineering, P.C. $1,592.50 Rochester Telephone Co. $ 32.66 Rochester Sentinel $ 16.68 Peru Tribune $ 19.45 FULTON COUNTY DRAINAGE BOARD ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ ATTEST:___________________________________ Jean E. Cloud, Drainage Board Secretary DRAINAGE BOARD OCTOBER 13, 2008  PAGE 14 }~„…‡ˆŒřőříř0JmHnHu0J j0JUĹĆfgŽŻ°Z[\‚ ĄľÓÔë z {     n o ) ýýýýýýýýýýýýýýýýýýýýýýýýýýýýýY‹ţţ) *  ˆ‰YZžżžňóno !1Ź­_`NO+,¸šĎýýýýýýýýýýýýýýýýýýýýýýýýýýýýýĎĐYZ’“ÎĎĐ#$žńňĄ˘Ń Ň Ô!Ő!›"œ"ýýýýýýýýýýýýýýýýýýýýýýýýýýýýýœ"s$t$''('ß'ŕ'F(G(ž+ż+9-¸0š0ü1ý1â3ă3š4›4Ó4Ô455‹8Œ8991929ýýýýýýýýýýýýýýýýýýýýýýýýýýýýý2939c;d;1<2<\=]=Ć>Ç>T?U? @@2@3@´@ľ@rAsAíAîAkBlBCC‡CˆCěCíCýýýýýýýýýýýýýýýýýýýýýýýýýýýýýíCzD{D E!EÓEÔEQGRGüGýGH‘HčHéHŽIŻIóIôIJ‚J˙JKcK”K•KîKďKvLwLýýýýýýýýýýýýýýýýýýýýýýýýýýýýýwLŃLŇL7M8MNNxNyNO O!OZO[OĄO˘OŁO¤OÖOP&P?P@PeSfS¨VŠV1Z2Zýýýýýýýýýýýýýýýýýýý÷ýýýýýýýý„€^„€2Z3ZfZ–ZˇZÄZĹZż]Ŕ]Ł_¤_übýbţb+c,cčcéceŽeffyfzf{f fĄfgg2jýýýýýýýýýýýýýýýýýýýýýýýýýýýýý2j3jĂjÄj€kkËkĚkQlRlŻl°lmmCmDm'n(nąn˛no o o>olomoĐoŃoXpYpýýýýýýýýýýýýýýýýýýýýýýýýýýýýýYpKqLqđqńqÂrĂrÄr;sl>??‡?ˆ?ě?í?z@{@ A!AÓAÔAQCRCüCýCD‘DčDéDŽEŻEóEôEF‚F˙FGcG”G•GîGďGvHwHŃHŇH7I8IJJxJyJK K!KZK[KĄK˘KŁK¤KÖKL&L?L@LeOfO¨RŠR1V2V3VfV–VˇVÄVĹVżYŔYŁ[¤[ü^ý^ţ^+_,_č_é_aŽabbybzb{b bĄbcc2f3fĂfÄf€ggËgĚgQhRhŻh°hiiCiDi'j(jąj˛jk k k>klkmkĐkŃkXlYlKmLmđmńmÂnĂnÄn;oź>DAKAŸFťF2`K`­d­d%e-e6e;eŁeŚelfofŤh­h7iBinioiyi‡iŇj×jłk¸koo p˜p||'}-}1}:}€……†?‹X‹Y‹Y‹{‹}‹ˆ‹‹˙˙ qC:\Documents and Settings\jcloud.FULTONCOUNTY\Application Data\Microsoft\Word\AutoRecovery save of DRBD101308.asd qC:\Documents and Settings\jcloud.FULTONCOUNTY\Application Data\Microsoft\Word\AutoRecovery save of DRBD101308.asd qC:\Documents and Settings\jcloud.FULTONCOUNTY\Application Data\Microsoft\Word\AutoRecovery save of DRBD101308.asd H:\DRBD101308.doc H:\DRBD101308.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD101308.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD101308.doc qC:\Documents and Settings\jcloud.FULTONCOUNTY\Application Data\Microsoft\Word\AutoRecovery save of DRBD101308.asd SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD101308.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD101308.doc˙@€ŠŠĐDŠÖ‰Œ‹p@˙˙Unknown˙˙˙˙˙˙˙˙˙˙˙˙G‡z €˙Times New Roman5€Symbol3& ‡z €˙Arial"1ˆđĐh_,Ëf_,Ëf(ćr:ő!đ  ť‚€0d2ƒđ˙˙JThe Fulton County Drainage Board met on the 13th of October 2008 at 9:00 A  ţ˙ŕ…ŸňůOhŤ‘+'łŮ0¤˜ěř, 8D ` l x„Œ”œäKThe Fulton County Drainage Board met on the 13th of October 2008 at 9:00 Ahe  e e e Normalt rm2rmMicrosoft Word 9.0r@@ęĄ-–?É@ęĄ-–?É(ćrţ˙ŐÍ՜.“—+,ůŽ04 hp|„Œ” œ¤Ź´ ź ä uő:  KThe Fulton County Drainage Board met on the 13th of October 2008 at 9:00 A Title  !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYţ˙˙˙[\]^_`abcdefghijklmnopqrţ˙˙˙tuvwxyzţ˙˙˙|}~€‚ţ˙˙˙ý˙˙˙ý˙˙˙†ţ˙˙˙ţ˙˙˙ţ˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙Root Entry˙˙˙˙˙˙˙˙ ŔFń1<–?Ɉ€1Table˙˙˙˙˙˙˙˙˙˙˙˙ZŤ1WordDocument˙˙˙˙˙˙˙˙*˛SummaryInformation(˙˙˙˙sDocumentSummaryInformation8˙˙˙˙˙˙˙˙˙˙˙˙{CompObj˙˙˙˙jObjectPool˙˙˙˙˙˙˙˙˙˙˙˙ń1<–?Éń1<–?É˙˙˙˙˙˙˙˙˙˙˙˙ţ˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ţ˙ ˙˙˙˙ ŔFMicrosoft Word Document MSWordDocWord.Document.8ô9˛q