ĐĎॹá>ţ˙ •—ţ˙˙˙“”˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁ7 đż bjbjUU *Č7|7|á›0˙˙˙˙˙˙l,,,,,,,@Ś&Ś&Ś&8Ţ& ę&„@Ł6śz'z'''''''"6$6$6$6$6$6$6$Y7 y9źH6,'''''H6ź.,,'']6ź.ź.ź.'˛,','"6ź.'"6ź.fź."6,,"6'n' @ }Ę@f%Ś&B( "6"6s60Ł6"65:N)n5:"6ź.@@,,,,ŮThe Fulton County Drainage Board met on Monday, November 9, 2009 at 9:00 A.M. E.S.T. in the Conference Room of the Fulton County Office Building. Board members present were Chairman, Roger D. Rose; and Vice Chairman, Sherry S. Fulton. Also present, were: Don Towne, Fulton County Surveyor; Tom Chudzynski, Assistant Surveyor; Jean Cloud, Drainage Board Secretary; Greg Heller, Drainage Board Attorney; Van H. Janovic with Territorial Engineering, LLC; Andrew Rossell, P.E. with Hurley & Stewart; Milo Shriver; Bruce Beehler; Steve Hiatt, Mike Hiatt; and Gene Hiatt. It is duly noted that Board Member, Stanley Musgrave arrived at 9:50 A.M. E.S.T. Chairman, Roger Rose, called the meeting to order at 9:08 A.M. E.S.T. Chairman, Roger Rose, asked for any additions or corrections to the minutes of October 13, 2009. Chairman, Roger Rose, commented he had one minor correction to the minutes. Being no further additions or corrections to the October 13, 2009 minutes, Chairman, Roger Rose, entertained a motion to accept the minutes of October 13 as amended. Sherry Fulton made a motion to approve the amended minutes of October 13, 2009. Roger Rose seconded the motion. Motion carried two to zero. IN REF: TERRITORIAL ENGINEERING REQUESTING PERMISSION TO WORK IN RIGHT OF WAY Van Janovic from Territorial Engineering commented the Town of Kewanna had received grant money to replace some of their storm lines. Van stated Territorial Engineering is requesting permission to work in our right of way, where several of the town storm lines come into a county legal drain (J.S.Wamsley/J.Kreamer). Van Janovic handed out several photos of where the storm lines come into the legal drain. Van further commented that it is a wooded area. Van further commented there would be no additional storm lines added to the town, just replacing the oldest lines that are beginning to fail. Van further commented the proposal is to eliminate or reduce the flow in at least three (3) of the storm lines and introducing one line. Van further commented Winamac Coil and Spring has several storm lines under their factory, and the proposal is to bypass the factory and go around it. Van commented the area is wooded, so some of the trees will be eliminated on the east side of the area. Van commented the storm lines will not be connected to the County legal drain of record, but a small basin will be constructed where the storm lines will empty. Van showed the Board a drawing in gray line of the county drain and the seven (7) storm lines coming into the area. Van further commented that the County legal drain extends on north and dumps into an open ditch. Van also commented the storm lines are coming from the south, southeast and southwest. Van commented when the trees are taken down the stumps will be left. Van commented the lines would be laid in the old railroad bed. Van commented he is here today asking that the Board grant Territorial Engineering permission to build this basin, which will be in the legal drain right of way, and also clear out some of the trees in the right of way. Fulton County Surveyor, Don Towne, commented the work does not involve our tile. Chairman, Roger Rose, commented the work would improve the area around the county tile. Van commented they are not sure what is attached to all of the lines, so they will be left there. The work will be done in the spring, with bidding this winter, and hope to have a contract in place no later than February. Being no further discussion, Chairman, Roger Rose, entertained a motion to allow Territorial Engineering, LLC to work in the right of way of the county legal drain, J S Wamsley/J Kreamer, to do their work for the Town of Kewanna storm water lines. Sherry Fulton made a motion to allow Territorial Engineering, LLC to work in the right of way of the county legal drain, J S Wamsley/J Kreamer, to do their work for the Town of Kewanna storm water lines. Roger Rose seconded the motion. Motion carried two to zero. IN REF: DOLLAR GENERAL REVISED DRAINAGE PLANS AKRON, INDIANA Andrew Rossell from Hurley and Stewart presented revised drainage plans for the proposed Dollar General Store at Akron, Indiana. Andrew Rossell stated drainage plans were presented to the Board on September 14 and approved by the Drainage Board at that time. Andrew commented the cost to put in the retaining wall was going to be very expensive, so the client has made arrangements with the adjacent landowner and has obtained a grading easement and will do away with the retaining wall at the west property line. Andrew commented the drawing indicates a dark line and hatch marks which indicates the grading easement. Andrew further commented that the entire site currently drains southwesterly and is picked up in an existing catch basin, where the tile runs under the highway. Andrew commented the only thing that they will be shutting off from that will be the side slope. Andrew commented the original plans showed the rear of the building where the water would sheet down into a swale that wrapped around the building and conveyed into the catch basin. Andrew commented the present plans adds storm gutter pipe along the back and downspouts and will redirect all the water from the back into the detention basin, which is sized for a hundred year storm event with a five year release rate into the existing catch basin. Andrew further commented there would be a grading easement agreement with the adjacent landowner. A copy of the agreement, when signed by the adjacent landowner, will be given to the Drainage Board to attach to the Drainage Plans. This will not be done until all the closing paperwork is done and there is a sure “go” on the project. Andrew Rossell commented the adjacent landowner is going to plant trees at the bottom of the slope, and there will be some type of vegetation put on the slope to help stabilization. Being no further discussion, Chairman, Roger Rose, entertained a motion to approve the revised drainage plans for the proposed Dollar General Store at Akron, Indiana. Sherry Fulton made a motion to approve the revised drainage plans for the proposed Dollar General Store at Akron, Indiana. Roger Rose seconded the motion. Motion carried two to zero. IN REF: LANDOWNER CONCERN WATER PROBLEMS SOUTH OF AKRON ON STATE ROAD 19 Milo Shriver commented he has lived south of Akron for several years and every spring when it rains hard the water runs across State Road 19. Mr. Shriver commented he knew at one point that Pike Lumber Company had a sump pump to collect surface water and then pumped it down the railroad tracks. Mr. Shriver commented a couple of years ago the Foundry was flooded, and they built a levee to make sure it went down the railroad and that is where he lives. Mr. Shriver put riprap down over his field so that it would not wash it all the time, and this is water coming across the highway. Mr. Shriver asked the State Highway to put a culvert in under the highway. Mr. Shriver commented he did landscaping this summer and put in a retaining wall. Mr. Shriver commented there is a catch basin, but there is a truck rim on the top of it, and then the Leininger tile is messed up. Fulton County Surveyor, Don Towne, commented if a pipe was put under State Road 19 that would keep the water from coming across his yard and take the water down into the low area. Don commented he had met with the State Highway and thought they were going to put a pipe in under the road, but someone got it stopped. Don commented he did not know who stopped it, whether it was the Town of Akron or Pat Walgamuth. Mr. Shriver commented that most of the water comes from the Gaerte farm, and then Pike Lumber Company leveled off the railroad property. After brief discussion, Chairman, Roger Rose, commented this is all part of the Leininger project that has been on hold. Roger further commented we have applied for grants, and the first round we were not awarded any thing, but we understand there will be another opportunity the first part of 2010. Chairman, Roger Rose, commented the Board is aware of the problem. Fulton County Surveyor, Don Towne, suggested that Mr. Shriver talk to the Town of Akron. After further discussion, Chairman, Roger Rose, commented we will have to wait and see if we get any money next year. IN REF: JOSEPH LEASURE MAIN TILE DISCUSSION CAUSE NO. 5-1983 #577 ON RECONSTRUCTION Bruce Beehler was in attendance to find out about the reconstruction on the said tile. Fulton County Surveyor, Don Towne, commented bid packets are ready, and bids will be received for the December 14th bid letting. Don further commented the plans are as approved at the hearing. Bruce Beehler commented at the end of the hearing, wasn’t it decided that the tile would be put in this fall. Fulton County Surveyor, Don Towne, commented if doable. Bruce asked why was that not done. Fulton County Surveyor, Don Towne, commented because of the timing and the crops were not out. Don further commented that the Smith’s were willing to let the work be done in the summer. Don commented he had also talked with the State Highway, and it was questionable on how long their blacktop plant would be open in November. Don further commented the work would have had to been bid and done in a very tight window. Bruce Beehler commented he talked with Tom Kasten with the State Highway, and he said there would be no problem if the work was done by the 15th of November. Bruce commented there was ample time to have that done, if the bid letting would have taken place as advertised. Fulton County Surveyor, Don Towne, commented the weather conditions would have had to been perfect in order to get it done. Don further commented only two (2) of the contractors would have been able to bid on the work. Bruce Beehler commented do you realize what happens to me with the project being delayed. Bruce commented he would have to maintain his pump system for another year, and also subjects me to further drown out for another year and crop loss and damage. Bruce commented if this had been done as what was the conclusion of the hearing, then these two (2) situations would have been eliminated. Bruce commented he is now subject to more financial stress and loss. Bruce commented it needs to be realized as to what is done and how it affects the people. Bruce commented he is the adverse affect here. Bruce commented if you go back to 1980, he has paid more than any other landowner involved. Bruce further commented it did not make him feel good when the Board decided that he had to pay for the arm being run to his property, which is another seventy-five hundred dollars ($7500.00), which will be approximately a hundred dollars ($100.00) more an acre for me to pay, but I understand and that is ok. Bruce further commented he feels he should have more say in this, because he is putting more money in the tile than anybody else. Bruce commented the additional seventy-five hundred dollars ($7500.00) on top of the original assessment, that makes approximately thirty-four thousand dollars ($34,000.00). Bruce commented the Surveyor included the arm in his proposal, which is his job to find the cheapest and most efficient way to make the project work. Bruce commented it is the law and the Surveyor did his job. After Bruce made further comments, he stated the arm serves no purpose only to him. Bruce commented the arm needs to be eliminated and the money needs to be put into the twenty-four inch (24”) main tile, and extend it further upstream and get into his property at least a hundred (100) to two hundred (200) feet. Bruce commented there are two (2) reasons why he would like to see this done: Number one, because sometime in the future someone will have to hook on to this tile and go upstream, and there is no reason to put seventy-five hundred dollars ($7500.00) in an arm that only serves one landowner. Bruce then stated the second reason is because the neighbors have ordered him off their property and have blamed him totally for the project. Bruce commented personally the neighbors did not need the project, because everyone’s water ends up in his retention pond. Bruce commented he furnished the other landowners relief, it was not the drain. Bruce commented it is costing him all the way around by getting the ditch maintained and properly functional. Bruce commented he has waited for thirty (30) years and has loss crops. Bruce concluded he will not say anymore on the delay, but the main reason he is in attendance is to ask the Board to eliminate the fifteen (15) inch arm, and he will go ahead and pay the seventy-five hundred dollars ($7500.00) towards putting in a twenty-four (24) inch on the main tile. After further discussion, Chairman, Roger Rose, asked if the seventy-five hundred dollars ($7500.00) would take care of the extension to Bruce’s property. Fulton County Surveyor, Don Towne, commented he did an estimate of extending the twenty-four (24) inch and going eighty (80) to a hundred (100) feet into Bruce’s property and came up with a fifteen thousand dollar ($15,000.00) estimated cost. Don further commented it would not be a big change in the project, because Bruce is still going to pay the seventy-five hundred dollars ($7500.00). After further discussion, Chairman, Roger Rose, commented that Bruce’s proposal makes sense, but is the dollar difference going to be an issue. Board Member, Stanley Musgrave, arrived at the meeting and Don explained to him what Bruce was proposing to the Board. Chairman, Roger Rose, commented Bruce’s proposal makes sense, but will the Board get into any legal problems. Drainage Board Attorney, Greg Heller, stated he has been looking through the Statute to see if there is any allowance for change in a reconstruction project after the Board has approved it. Greg asked if this would change the cost that was previously approved. Fulton County Surveyor, Don Towne, commented if the bids came in as to what we proposed or less, then it would be ok. Don further commented there is always additional work to a project, because of hooking up landowner’s laterals. Don also commented when a reconstruction is done sometimes the footage does not come out exactly. Greg commented he would have two (2) questions: 1) Would the additional work affect the cost that was previously approved; and 2) Does it affect other landowners? Fulton County Surveyor, Don Towne, commented it would still work; we would be replacing more of the main tile. Bruce Beehler further explained why he is asking the Board to eliminate the fifteen (15) inch tile and let him pay the seventy-five hundred dollars ($7500.00) on the main. Bruce commented the other landowners are all a part of the system, and we need the best drainage we can possibly get. Bruce commented drainage is not cheap; it is big money. After further comments from Bruce, Chairman, Roger Rose, commented he agrees with Bruce, except for the reservations that Drainage Board Attorney, Greg Heller has raised. Chairman, Roger Rose, commented he has concerns about taking bids on the project as originally planned and then modify the plan. Fulton County Surveyor, Don Towne, commented he feels the project can bid as originally proposed. Bruce Beehler asked if the Drainage Board was the governing body. Chairman, Roger Rose, commented the Board must operate within the law. Drainage Board Attorney, Greg Heller, commented the Statute does not say anything about modification of a plan after the reconstruction is already approved. Greg commented his concern is that the change is being made without a hearing to inform the other landowners. Drainage Board Attorney, Greg Heller, asked the Surveyor if changes on Reconstructions have been made in the past. Fulton County Surveyor, Don Towne, responded, “Yes, a lot of projects have been changed”. Vice Chairman, Sherry Fulton, commented work would have to stay within the perimeters of the original proposal. Fulton County Surveyor, Don Towne, commented the tile is not being moved, or changing the tile size, we are just extending the project. Greg further commented if it does not affect the overall cost, and it improves the system and does not affect any other property owners, then there should be no problem. Greg commented that makes practical sense, we do not want it to go wayside. Stanley Musgrave asked if the proposal is replacing the newer twenty (20) inch tile. Fulton County Surveyor, Don Towne, commented it would not be replacing the twenty (20) inch tile, will be putting another three hundred and twenty feet (320’) within the twenty (20) inch before hooking on. Don further commented the three hundred and twenty feet (320’) of the concrete tile would be abandoned. After brief discussion, Fulton County Surveyor, Don Towne, commented as long as the bids come in around the original estimate, we should be ok. After further discussion, Stan Musgrave, asked if the landowners downstream will be notified about the change. Fulton County Surveyor, Don Towne, commented he would contact the Smith’s and let them know. Chairman, Roger Rose, commented there is consensus of the Board to proceed with the modified proposal as long as it is not upsetting past practices. Bruce Beehler asked if the bid proposal was prepared. Fulton County Surveyor, Don Towne, responded, “yes, and some contractors have already picked up the packets.” Fulton County Surveyor, Don Towne, further commented that the State Highway would reimburse the Drainage Board for the cut across State Highway 17. Don further commented that the sixty (60) feet of tile that is in the State right of way is not included in our bid specs. The contractor that is awarded the bid will work with the State Highway and do the work under their specs. There were further comments from Bruce Beehler. Chairman, Roger Rose, commented the advantage of deferring the work until next summer, there will be more bidders and be more competitive and more down pressure on the price, so that may mean that it will be more feasible to make this commitment. Bruce Beehler commented that he might lose twenty (20) acres of crop. Chairman, Roger Rose, commented the Board would try and do what they can. Bruce Beehler commented that he appreciates that the Board understands what he is asking. IN REF: HIATT’S POND DISCUSSION Chairman, Roger Rose, stated the Board had asked the Hiatt’s to come in and discuss the pond situation at today’s meeting. Chairman, Roger Rose, commented he had been out to the site and talked with Gene and Mike Hiatt, and there has been some developments since that time. Fulton County Surveyor, Don Towne, commented there is a list of concerns. Don commented a list was mailed to you, and you also wanted a list of comments from the landowners. Don further stated the comments he had received from the neighbors was, ‘the area was muddy, sloppy, and piles of dirt and did not look good’, but any project looks that way until the work is done. Don commented at the time he had met with you at the site the only complaint about drainage was from Parke Baxter. Don stated the dirt is built up approximately 2 ˝ feet around Parke Baxter’s yard and drainage is blocked off. Don commented there is a riser up on the west side of Sweetgum Road that the tile at the bottom of it is below the pond elevation by 2 ź feet at that point. Don also commented another concern is the overflow of the pond. Don commented there is a six inch (6”) overflow going to the ditch, but if there were an emergency overflow it would sheet across Third Street. Don commented the County Highway received a call from neighbors, and the surface drain pipe under Sweetgum Road is open on the west side of the road and filled in on the east side of the road on your property. Don commented the drain is covered up with approximately thirty (30) inches of dirt. Don further commented that situation is blocking surface water coming from west to east. Don stated there were a lot of tile pieces around the pond area, and talked to you about tiles being destroyed or blocked off around the pond, and that is blocking off drainage from any landowners upstream. Mike Hiatt commented he told the Surveyor the overflow was not installed when the measurements were taken. Mike commented before the overflow was put in, the water was four (4) to six (6) inches above the tiles, now after the overflow was installed the water is at least a foot below the tiles. Mike further commented they just installed the tile from Parke Baxter’s over to their tile, and until the water gets down it will not drain off of Baxter’s. Mike further commented they had talked with Parke Baxter and told him they were working on the tile, and since then water has gone well below a foot below all the tiles and there has been no water standing on the neighbors or themselves all summer. Mike commented when the tile situation on the neighbor was discussed, you could not tell me where the tile went. Don commented he talked with the contractor that dug the pond, and he commented there were a lot of tiles that were plugged off (capped) and just dug up. Don further commented the contractor commented there was a ten (10) or twelve (12) inch tile that came up through there by the houses, and also big tile that went up towards Baxter’s. Mike commented the contractor told them about the tile going towards Baxter’s, and they already knew that. Don further commented there was even a new plastic tile at the north end. Stephen Hiatt commented he had put that tile in. Mike commented they were willing to work with him, and we had the permits from the State, and nothing was said until we had finished the work. Don commented the permits were to put the pond in, but you can’t block off anyone’s drainage. After further discussion, Fulton County Surveyor, Don Towne, commented he did not know where any of the tiles went, he is just going by what people said and what we see. Don further commented the ponds seems to be about three feet (3’) too high for the shots that we took of the area. Mike Hiatt commented at the fence line between them and Parke Baxter a catch basin was constructed, Mike further commented he had asked Parke Baxter if they could tile into his yard so the water would not stand there and he would not give us permission to do the work. Mike commented he put a tile with stone around it, which runs over to the pond in order for the water to drain. Mike commented when the Fulton County Surveyor was at the site, the water was high because the pond outlet had not been installed. Chairman, Roger Rose, asked the Hiatt’s what the status was at the culvert on the east side where it was buried, which the Plan Commission notified you of the situation. Mike Hiatt commented it would be a simple solution. Mike stated he was not aware of the culvert, and has contacted his contractor and he had not seen the culvert. Mike commented his contractor would extend the culvert or whatever it takes in order for the water to flow through it. Chairman, Roger Rose, asked if they have a deadline to do the work. Mike commented he was told to bring a plan to the Drainage Board today, and he will in turn call his contractor and the work will be done. Fulton County Surveyor, Don Towne, commented the pipe that was put in for Baxter was pond level, so his ground will fluctuate with the pond. The Hiatt’s commented water has set on Baxter’s property every spring. Gene Hiatt commented he went to Parke Baxter before he started building his home. Gene commented Parke told him at that time there was a tile from his property over to where the dirt was going to be put, and Parke commented the tile was at ground level. Parke also told Gene that he had always had problems every since he lived there. Gene further commented the people have always had water problems and feels they should not improve the problem, just because we dug a pond. Gene commented they do not intend to make it any worse for the neighbors, and Parke told him this before they even started working out there. After further discussion, Mike Hiatt commented they had offered to build the grade up on Parke Baxter’s property and also put a tile in and he did not want us on this property. After further discussion on this issue, Fulton County Surveyor, Don Towne, commented he is sure that there are drains coming down through that area to the pond, because there is approximately a hundred plus acres draining through that area. Mike Hiatt commented with the heavy rains we have a had in the past few weeks, Baxter’s field did not have water standing in it, but our ground was saturated, but there was no flooding in the fields. Mike asked if we could wait and see what happens if flooding does occur. Mike stated he does not feel that Parke Baxter’s tile goes into their pond. Fulton County Surveyor, Don Towne, commented he does not feel the fields will flood, because of the sandy soils. Don commented the concern is the neighbor’s drainage in the area, if they get water around their homes or in their basements. The Hiatt’s commented that Red O’Dell commented to them he had water in his basement for fifteen (15) years, but this year he did not. After further discussion, Fulton County Surveyor, Don Towne, commented for the tiles and outlets in the area, the pond is high. Mike commented he knows that you do not personally like the elevation of the pond, but if it is not causing damage, then why do we need to change it. Mike commented there is another pond there, and the entire time that Stephen has lived there you could dig down a foot or two and there was always water. Mike commented the water level has always been there, we just took the dirt away. Mike further commented that is not going to change hydraulic pressure or flooding. Stephen Hiatt commented before he sold the land to his Dad, that field was always flooded. Stephen further commented the dirt was put there and Baxter has always had water on this property. Stephen commented Parke had always asked him to fix the tile, and Stephen commented he does not feel he should have to pay for it because he has an easement. Stephen commented he dug from the low area on his property out to the creek and put in a tile. Stephen further commented he use to mow the property across the street, and they were always pumping water out of their basements, and that was before he bought his house. Stephen further commented there had been a problem there for at least seventeen (17) years. Stephen further commented he use to get stuck out in the field before the pond was put in. Stephen commented with all the tiles coming into the pond that was the reason the pond filled up so fast. Stephen commented he has a silo on this property, which is approximately thirty (30) feet away from the pond, but in the spring the water came up all the way up to his silo. Stephen since the overflow has been put in, the water is back to where they originally dug and there has been no water over the pond. Mike Hiatt stated the comment was made about the water over the road, but this is the highest the water has ever been and it did not go over the road. Mike commented they could put some dirt there, which would be no problem, but you are saying your calculations indicate the water would go over the road, if it didn’t this year, what kind of year would it. Fulton County Surveyor, Don Towne, commented he did not calculate what it would take to go over the road, but if it does crest that is where it will crest at. Don further commented on ponds there is usually an emergency spillway. After further discussion, Mike commented now they have an eight (8) inch tile in there to keep in from going over the road. Fulton County Surveyor, Don Towne, commented for safety purposes a gentle swale to the open ditch could have been done in order to prevent the water from crossing the road. Mike Hiatt asked what are the guidelines for a person constructing a pond, there are several ponds throughout the county that do not have outlets and are closer to the road than our pond is and the water is also higher in the pond than ours. There was discussion on the pond that was put in on Olson Road. Mike Hiatt commented if you are going to do one for one, then it should be regulated for everyone. Fulton County Surveyor, Don Towne, commented that each pond must be looked at individually. Chairman, Roger Rose, commented that Olson Road is a low point and it is always going to flood. After further discussion, Chairman, Roger Rose, commented it depends on how conservative you want the design to be, and that is Don’s concern that we would like to have the design on the conservative side because it does not reflect well on the oversight this body exercises if we do not anticipate these things and then something happens. Stanley Musgrave asked if the Roger or Don had talked with Parke Baxter late summer or fall to see how he feels about the situation now. Don commented he had not talked with Parke, and Roger stated he talked with him in the middle of summer. Chairman, Roger Rose, commented this would not be a test for anything at this time; we really need to wait and see what it does in the spring with the rain events. Mike commented he was told that the pond must be lowered six (6) feet. Don commented he remembers three (3) feet. After further discussion, Fulton County Surveyor, Don Towne, showed a watershed of the water that could be coming into the area. Don further commented he does not know how the existing tiling is in the city. Mike Hiatt also commented the other pond has been there for years and how many times has it flooded. Don responded, “He does not know anything about it, only that it is there.” After brief discussion, Don commented there are so many unknowns. Gene Hiatt commented a letter was sent to them in September about this issue and in the letter it reads that the Drainage Board does not see that there is a necessity to require us to adjust the level of the pond at this time. However, should there come a time in the future that it becomes apparent that the pond has become an obstruction to the drainage of the neighbors then we will be expected to work with that at that time. Gene commented he understands that, and it was a well-constructed letter. Gene commented he feels we need to wait and see what happens in the spring. Gene commented this spring we had an excessive amount of water, and there was no outlet in the pond when we got the excessive rains. Gene further commented when the pond was being dug, we did not anticipate that much rain. Gene commented that everything is in place and there is no problem. Gene commented he would like to wait and see if there are going to be problems, rather do things ahead of time. Gene commented he is willing to work with us, but do not feel they are responsible to make things better than what they were before. Gene further commented he is willing to do anything that they might have obstructed. After much further discussion, Stanley Musgrave commented summer is not a test, because the pond on his property if five (5) foot low. Stan commented when the letter was written to the Hiatt’s, was it not the Board’s intent to put them on notice that we were aware or had some evidence that a tile had been blocked off and the dirt put in the area may have blocked off some drainage. Stanley further commented there seems to be a lot of unknowns as to what the affect is going to be, and just wanted them to be notified that if a problem does occur in the next few years then some type of corrective action will need to be taken. Chairman, Roger Rose, commented that was the Board’s intention and having them here today was to have some dialogue so that everyone is on the same page. Roger made further comments on the issue, and commented with the dialogue we have had today, we may want to set a specific time next year after the rainy season, May or June, and look and see what developments have occurred since the interim period and better review it at that time. Roger commented that summer is not a good test period. Chairman, Roger Rose, stated he would propose to look at this situation the summer of 2010. Stanley asked the Hiatt’s if they are going to take care of the county road obstruction. Mike commented there intention is to not flood out any of the neighbors. Mike commented they were not aware of the situation and now that they know the problem they will correct it. After brief discussion, Chairman, Roger Rose, asked the Hiatt’s to understand that the Board’s obligation is to exercise proper oversight of these types of situations so there is no creation of problems in the future. Chairman, Roger Rose, commented if there is agreement with this proposal, we will revisit this issue in the summer of 2010 to see what the spring does in exasperating the problem. The other Board members gave their consensus to the proposal. Stanley Musgrave commented to the Hiatt’s that the area was a lot prettier than it had been, and it is an improvement to the community. Being no further discussion, Chairman, Roger Rose, on behalf of the Board, thanked the Hiatt’s for coming into the meeting. Chairman, Roger Rose, called for a short recess at 11:00 A.M. E.S.T. Chairman, Roger Rose, called the meeting back to order at 11:08 A.M. E.S.T. IN REF: LUEY OPEN & ARMS JT W/CASS CO BIDS RECEIVED: CAUSE NO. 9-1980J WORK AWARDED The Drainage Board determined that proper notice has been given to bid on this drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS LUMP SUM LDP Excavating $17,895.00 Ramer Excavating $10,313.50 Gudas Excavating $13,199.00 Jesse Rude $13,725.00 Overmyer Excavating LLC $11,780.00 Ingram Excavating $ 7,150.00 Fulton County Surveyor, Don Towne, commented some of the contractors thought there was only brushing and no dredging. Don further commented we evidently did not make it clear in the specs. Don further commented he had not done a plan and profile, just done an aerial and marked it as to where the work needed to be done. Fulton County Surveyor, Don Towne, commented Kirk Ingram had done work on a section of the drain, and when landowners asked if we could do more work upstream, and the landowner’s downstream came in and asked about having their portion of the ditch cleaned. Don further commented the downstream has never been done, and the other portion has been done at three (3) times. Don further commented not much needs to be taken out of the ditch bottom; it is just brushy and needs touched up. Don commented mainly six (6) inches to a foot will be taken out of the ditch. There was discussion if Ingram was aware of the dredging, and Fulton County Surveyor, Don Towne, commented he would contact the contractor and make sure he understood what work was to be done. Being no further discussion, Chairman, Roger Rose, entertained a motion to award the work on the Luey Open and Arms to Ingram Excavating for his low bid of seven thousand one hundred and fifty dollars ($7,150.00) and the Surveyor will confirm with the contractor about the dredging. Sherry Fulton made a motion to award the work on the Luey Open & Arms, Cause No. 9-1980J, #574; Boone Township in Cass County and Wayne Township in Fulton County, to Ingram Excavating for his low bid of seven thousand one hundred fifty dollars ($7,150.00). Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: AMMON BUCHER JT/KOS CO BIDS RECEIVED: CAUSE NO. 27-1981J #521 WORK AWARDED Drainage Board Secretary, Jean Cloud, commented there is no Surveyor’s Estimate, and there are four (4) contractors bidding on the project. Stanley Musgrave asked why there is no Surveyor’s Estimate. Fulton County Surveyor, Don Towne, commented because ninety percent (90%) of the project is going to be one step removal, so the contractor will need to rent machines and haul the spoil to an upland site and dump, and the furthest site is fourteen hundred feet (1400’) from the ditch, and it will take a lot of time. Don commented therefore he did not put an estimate on the project. Don further commented there is sufficient money in the ditch maintenance fund. The Drainage Board determined that proper notice has been given to bid on this drain. According to the Plans and Specifications set forth by the Surveyor, the following bids were opened and read aloud: CONTRACTORS LUMP SUM LDP Excavating $59,860.00 Gudas Excavating $24,999.00 Jesse Rude $24,999.50 Overmyer Excavating $31,615.00 Being no further discussion, Chairman, Roger Rose, entertained a motion to award the work on the Ammon Bucher to Gudas Excavating for his low bid of twenty-four thousand nine hundred and ninety-nine dollars ($24,999.00). Sherry Fulton made a motion to award the work on the Ammon Bucher Open, Cause No. 27-1981J, #521 in Franklin Township in Kosciusko County; to Gudas Excavating for his low bid of twenty-four thousand nine hundred ninety-nine dollars ($24,999.00). Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: CHIPPEWANUCK CREEK UPDATE CAUSE NO. 2-2009J #799 Fulton County Surveyor, Don Towne, commented there was no judicial review was filed. Don further commented he would like to go forth and take bids on the project, and we would need to set a joint board for the bid letting. Drainage Board Secretary, Jean Cloud, commented Kosciusko County could waive, and Jean also commented she had talked with Kosciusko County about the minutes and their Secretary was going to bring this up at their Board meeting this month. Jean further commented that she had sent the minutes to the two (2) Board members in Kosciusko County to review. Fulton County Surveyor, Don Towne, commented the project would be approximately four hundred thousand dollars ($400,000.00). Drainage Board Attorney, Greg Heller, excused himself at 11:20 A.M. E.S.T. Fulton County Surveyor, Don Towne, commented he had a couple of contractors contact him about doing the project as one big job. There was brief discussion on the issue. Being no further business to come before the Board, Chairman, Roger Rose, entertained a motion to adjourn the November 9, 2009 Drainage Board meeting at 11:25 A.M. E.S.T. Sherry Fulton made a motion to adjourn at 11:25 A.M. E.S.T. Stanley Musgrave seconded the motion. Motion carried three to zero. MAINTENANCE: O’Henry’s Backhoe & Excavation Ball Ginther Shadel #790 $3,575.00 Widner & Sons Excavation Henry Guise Arm #1 $ 711.68 Animal Control Services Carl Emery Open #674 $ 380.00 CLAIMS: Board Members $ 183.00 Attorney $ 672.41 Clerical $1,837.36 Times Union $ 50.00 Observer $ 41.67 Rochester Sentinel $ 38.28 Rochester Telephone Co., Inc. $ 21.13 FULTON COUNTY DRAINAGE BOARD ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ Surveyor ATTEST:___________________________________ Jean E. 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