ࡱ> GIF7 7bjbjUU *L7|7|30l,,,,,,,@8 4@88NNNNNN      $? _.,NNNNN.,,NNCN.,N,NN,,N, >HU@t|vY0#$#@@,,,,The Fulton County Drainage Board met on the 10th of November 2008 at 9:00 A.M. E.S.T. in the Conference Room of the Fulton County Office Building. Board members present were Chairman, Roger 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; Terry W. Weiss; Dale A. Heltzel; Allen E. Heltzel; and David Tofson. It is duly noted that Greg Heller, Drainage Board Attorney, arrived at 9:15 A.M. E.S.T. Chairman, Roger Rose, called the meeting to order at 9:04 A.M. E.S.T. Chairman, Roger Rose, asked for any additions or corrections to the Drainage Board meeting minutes of October 13, 2008. Chairman, Roger Rose, commented he had one minor correction. Being no other additions or corrections, Chairman, Roger Rose, entertained a motion to accept the October 13, 2008 Drainage Board minutes as corrected. Mark Rodriguez made a motion to accept the October 13, 2008 Drainage Board minutes as corrected. Richard Powell seconded the motion. Motion carried three to zero. Chairman, Roger Rose, asked for any additions or corrections to the Joint Drainage Board meeting minutes of October 14, 2008. Being no additions or corrections, Chairman, Roger Rose, entertained a motion to accept the minutes of October 14, 2008. Mark Rodriguez abstained from the vote, as he was not a member of the Joint Drainage Board. Richard Powell made a motion to accept the Joint Drainage Board minutes of October 14, 2008. Roger Rose seconded the motion. Motion carried two to zero. IN REF: DUMPLINS RESTAURANT DRAINAGE PLANS Drainage Board Secretary, Jean Cloud, stated the restaurant is owned by Kristen Field Jackson and is located in Kewanna. Jean further commented that the Technical Review Committee for the Area Plan Commission required the Drainage Plans. Fulton County Surveyor, Don Towne, explained to the Board that there was an existing store at the location and then added on to the building for a restaurant. Don explained the parcel had to be rezoned, and when property is rezoned, the Area Plan Commission requires a drainage plan. Don stated that Terry Weiss has drawn up a Drainage Plan, and the plan is being presented today. Fulton County Surveyor, Don Towne, explained a half dome water storage would be put north of the building between the alley. Don further explained the dome would have stone all around it. Don stated it is not on the plans, but we recommend that all down spouts be hooked into this dome. There was discussion that the dome would be underground in the parking lot. Don explained the dome would be forty-nine feet (49) wide and the lot width is sixty-three feet (63) wide. Don explained there is no positive outlet for the dome; the water will just perk away. After further discussion, Don stated Kewanna does not have anything in their ordinance stating a specific amount of parking spaces for a business. Vice Chairman, Richard Powell, asked if there was another option. Terry Weiss stated the other option would be to put in three (3) twelve hundred (1200) gallon dry wells. Terry commented they would not have sufficient space to do the dry well option. Vice Chairman, Richard Powell, asked who would be overseeing this project. Don stated Jackson will probably be putting in the system, but he would want to be notified when the job is being done to make sure the down spouts are tied into the system. After further discussion, Chairman, Roger Rose, entertained a motion to accept the drainage plans for the Dumplins Restaurant with the following conditions: 1) down spouts from the building being tied into the half dome water storage; and 2) the Fulton County Surveyor being notified when the work is in progress. Richard Powell made a motion to accept the drainage plans for the Dumplins Restaurant with the following conditions: 1) down spouts from the building being tied into the half dome water storage; and 2) the Fulton County Surveyor being notified when the work is in progress. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: PRIVATE TILE DISCUSSION Fulton County Surveyor, Don Towne, explained that Allen and Dale Heltzel and County Highway Superintendent, Dave Tofson is here today to discuss how to handle private tiles crossing a county road. Fulton County Surveyor, Don Towne, stated there is nothing in State Statute addressing this situation. Don commented if the tile is a county regulated drain and it crosses a county road, state highway or railroad; it is the responsibility of the county highway, state highway or railroad to put the tile across the road at their expense. Don stated in past we have always worked with them in those situations. Don further stated there is nothing in the State Statute on how to handle a private tile, whether it is a new or existing tile. Don further commented that he had talked with the White County Surveyor and the Marshall County Surveyor, and they agreed there was nothing in the Statute covering a private tile. Don stated the situation we have at hand is a private tile, which County Highway Superintendent, Dave Tofson, stated is open under the road, but the Contractor, Allen Heltzel, wants to lower the tile under the road. Don commented each situation would be different, so it would be hard to set a policy. Chairman, Roger Rose, stated the Board needs to review the particulars on this situation. Allen Heltzel stated something that should be considered on a county regulated tile, the county is paying an assessment for the drainage off of their roads, and the Statute states the county would replace tiles underneath the road. Allen commented consideration on a private tile, much the same as the two (2) tiles that go under Division Road, and the County does not want to accept any responsibility on them at this point. Allen stated the County Highway capped into two (2) private tiles with standpipes to help get rid of their water. Allen commented the County did not pay anything on this private tile, and were not assessed. Allen further commented the Countys consideration should be greater on a private tile than on a county regulated tile, because the county has not paid any assessment on the private tile. Allen further commented that there is one mile of road that dumps water on him, and the County has never paid anything. Allen commented that a past County Highway Superintendent did furnish sand, and realized that drainage is to everyones best interest. After further comments from Allen Heltzel, he concluded to say that the County has gotten a free ride for many years on these privately owned tiles. Allen commented in the past, the County Highway Superintendents were very cooperative. Allen further commented it needs to be a totally cooperative effort and reasonable on everybodys part. Chairman, Roger Rose, asked Allen if this is a new private tile. Allen explained they do not know exactly where the old tile is, but if it were the same elevation out in the road as it is the field; it would only have approximately six (6) inches of cover. Allen explained the new tile would have eighteen (18) inches of cover in the field north of the road. Allen stated the pipe under the road needs to be a foot deeper. Allen stated there needs to be a ruling of how you want to take care of these type of situations. County Highway Superintendent, Dave Tofson, stated there needs to be some type of policy in place to allow us some decision making. Dave commented he does not have a problem with the contractor making the road cut because the contractor knows the grade the pipe needs to be set at. Dave commented the county could support this with materials and road closed signs. County Highway Superintendent, Dave Tofson, further commented there is a policy for road cut permit fees and specifications, which was in place before he became Superintendent. Fulton County Surveyor, Don Towne, commented he would hate to see a policy too tight. Allen Heltzel commented he has never paid for a permit for a road cut for drainage. Allen explained in the past he had always called the highway superintendents and let them know he was going to make a road cut and was asked what they needed to do. Chairman, Roger Rose, asked Allen where the conflict was in this situation. Allen Heltzel commented he found out the County Highway had requested locates. Allen stated he talked with Rick Ranstead and told him there was no reason to dig up the road, because the pipes were junk. Allen commented at that point he felt the County was going to do it their way and not cooperate. County Highway Superintendent, Dave Tofson, commented there was miscommunication on his part. Dave apologized to Allen about the miscommunication. Dave further commented if Mr. Heltzel was willing to do the work, the County Highway could support that with furnishing trucks to haul away the removed materials, and then the County could backfill the cut with the proper aggregate. Dave stated because he did not communicate in the beginning with Mr. Heltzel, the conversation did not get that far. Dave further stated there were too many people communicating in this situation. Dave commented prior to this incident, he had been communicating with Ross Fear, which was not even the property owner. Dave further commented that is was a very confusing situation. There was further discussion between Allen Heltzel and Dave Tofson. Chairman, Roger Rose, commented it sounds like there is an agreement as to what needs to be done. There was discussion that the permit issue needs to be looked at, which would involve the County Highway Superintendent and the County Commissioners. IN REF: ROUCH DITCH #2 TILE UPDATE CAUSE NO. 4-1971 Fulton County Surveyor, Don Towne, stated he had contacted Bill Widner to do the tile work on said drain. Bill contacted the Surveyors office and stated he would not be able to do the work, but recommended Rudy Heist, a contractor from Starke County, would be interested. Don stated he has contacted Rudy and he will be doing the tile work. Drainage Board Secretary, Jean Cloud, stated she would need a Certificate of Insurance. IN REF: O-HENRY EXCAVATING UPDATE ON PROJECTS Drainage Board Secretary, Jean Cloud, commented that Henry was to have the Graham Ditch completed by todays meeting. Fulton County Surveyor, Don Towne, stated Henry Smith called him before todays meeting and he has approximately three thousand (3000) feet brushed, but has not started digging. Fulton County Surveyor, Don Towne, commented on Friday landowners on each ditch came into the office questioning when the work would be done. There was discussion on paying a claim for work completed on the project. After further discussion on this issue, the Board agreed to allow the claim to be process as normal if submitted. After further discussion, Chairman, Roger Rose, asked that a letter be sent to Henry and ask him to attend the December 8th Drainage Board meeting and give the Board an update on his schedule for the projects to be completed. The Drainage Board also ask County Surveyor, Don Towne to contact Henry and let him know. IN REF: JUD L. HUDKINS OPEN UPDATE CAUSE NO. 5-1998 #733 Fulton County Surveyor, Don Towne, reported to the Drainage Board that Ron Jana had contacted the office stating the crops are out on said drain. Don stated he had contacted Bill Morris, and he will get with IMI and get started on the project. IN REF: DRAINAGE BOARD RESTRUCTURE There was discussion on what needs to be done in order for Mark Rodriguez to resign from the Drainage Board and make an appointment. Drainage Board Attorney, Greg Heller, commented that a Resolution would need to be made by the Commissioners changing the present structure of the Drainage Board. Mark Rodriguez commented he feels his resources can be better utilized on law enforcement and IT issues for the County. Being no further business to come before the Board, Chairman, Roger Rose, entertained a motion to adjourn the November 10th Drainage Board meeting at 10:30 A.M. E.S.T. Mark Rodriguez made a motion to adjourn the November 10th Drainage Board meeting at 10:30 A.M. E.S.T. Richard Powell seconded the motion. Motion carried three to zero. RECONSTRUCTION: Banning Engineering, P.C. County Line Landfill $2,950.00 MAINTENANCE: Jesse Rude Thompson Wynn Rannels $ 500.00 CLAIMS: Board Members $ 183.00 Attorney $1,287.50 Clerical $1,830.84 Observer $ 27.28 Rochester Sentinel $ 13.27 Rochester Telephone $ 25.22 Fine Things $ 113.01 FULTON COUNTY DRAINAGE BOARD _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ Surveyor ATTEST:______________________________________ Jean E. Cloud, Drainage Board Secretary DRAINAGE BOARD NOVEMBER 10, 2008  PAGE 6 .0//33V4X477777770JmHnHu0J j0JUH*,-.tuvlmn_ ` a b   8977]^_IJij OPBBC R!S!""w#x##$$%%D&E&&&(())H)I)))))********++#,$,|,},,,%-&---g.h.&/'/d0e0f0000111111Q2R222Y3t3u3v3444445555)5*5Z5[5\5]5g5h5h5555556666 6>6?66677777777777$a$$a$(&P1/ =!"#$% i8@8 NormalCJ_HaJmH sH tH <A@< Default Paragraph Font,@, Header  !, @, Footer  !&)@& Page Number3L,-.tuvlmn_`ab  8 9 ]^_IJij OPBCRSwx !!D"E"""$$%%H%I%%%%%&&&&&&&''#($(|(}(((%)&)))g*h*&+'+d,e,f,,,,-----Q.R...Y/t/u/v/000001111)1*1Z1[1\1]1g1h1111112222 2>2?222333333333000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000@0@0@0@0@0 ##///27B*1h57!"#$%7 #*,2!4F1M1223330 6 ",%,N1Y1w11111112223333333333,lW W H P ^_ch*1$$f*%+-+4+ ,c,e,e,e-W/Y/333333333 SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD111008.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD111008.doc H:\DRBD111008.doc H:\DRBD111008.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD111008.doc qC:\Documents and Settings\jcloud.FULTONCOUNTY\Application Data\Microsoft\Word\AutoRecovery save of DRBD111008.asd SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD111008.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD111008.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD111008.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD111008.doc@22hD223@@UnknownGz Times New Roman5Symbol3& z Arial"qh-t˦ft|*Z!20d,4 2KThe Fulton County Drainage Board met on the 10th of November 2008 at 9:00 A  Oh+'0, 8D ` l xLThe Fulton County Drainage Board met on the 10th of November 2008 at 9:00 Ahe  e e e Normalt rm7rmMicrosoft Word 9.0r@@C>F@*HUt|*՜.+,04 hp|   uZ,4 LThe Fulton County Drainage Board met on the 10th of November 2008 at 9:00 A Title  !"#$%&()*+,-./012345789:;<=?@ABCDEHRoot Entry F >HUJ1Table'#WordDocument*LSummaryInformation(6DocumentSummaryInformation8>CompObjjObjectPool >HU >HU  FMicrosoft Word Document MSWordDocWord.Document.89q