ࡱ> GIF7 v4bjbjUU *L7|7|C02l,,,,,,,@FFF8~ 4@$ ,,,,,nr,,r w#ӏ@Frr0rxr@@,,,,The Fulton County Drainage Board met on Monday, December 14, 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; Vice Chairman, Sherry S. Fulton; and Stanley Musgrave. Also present, were: Don Towne, Fulton County Surveyor; Tom Chudzynski, Assistant Surveyor; Jean Cloud, Drainage Board Secretary; Greg Heller, Drainage Board Attorney; Bruce Beehler; and Mike Smith. Chairman, Roger Rose, called the meeting to order at 9:00 A.M. E.S.T. Chairman, Roger Rose, asked for any additions or corrections to the minutes of November 9, 2009. Being no additions or corrections, Chairman, Roger Rose, entertained a motion to approve the November 9, 2009 minutes as presented. Sherry Fulton made a motion to approve the November 9, 2009 minutes as presented. Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: JOSEPH LEASURE MAIN TILE BIDS RECEIVED CAUSE NO. 5-1983 #577 NO AWARDING Chairman, Roger Rose, stated there is one letter pertaining to this bidding. Chairman, Roger Rose, commented based upon his discussion with the County Attorney, who is not present today, the County Attorneys recommendation be that the bids be open and taken under advisement. Fulton County Surveyor, Don Towne, commented he would recommend that the bids not be opened because the contractors bids are based upon them purchasing the tile right a way. Don further commented if we hold the bid, the tile prices would not be good. Chairman, Roger Rose, asked the Fulton County Surveyor what the schedule is for doing the work. Fulton County Surveyor, Don Towne, commented the work would be done in the summer. Don further commented he knows that some of the contractors tile prices are tied into this year, so if the letting gets postponed this will affect the contractors bidding. After brief discussion, Chairman, Roger Rose, asked what will happen if we wait until the first of the year. Tom Chudzynski commented he heard the tile prices are going to change in February. There was further discussion of scheduling the letting for the project at a later date. Secretary, Jean Cloud, commented if we reschedule the letting we are looking at February in order to advertise the letting. Chairman, Roger Rose, commented that should not cause any problems in terms of what we are envisioning as a schedule for construction. Stanley Musgrave asked how many bidders did we have on the project. Secretary, Jean Cloud, responded there were four (4) bidders and could have been five (5), but the one contractors did not get his bid in on time. Bruce Beehler asked if the Attorney gave any reason for not awarding the project. Chairman, Roger Rose, responded because some issues have been raised with regard to the specifics of the project and the Board has not decided what the best resolution is at this time. Chairman, Roger Rose, entertained a motion to cancel the bid letting on said project and re let the project on February 8, 2010. Secretary, Jean Cloud, commented she would have to return all the bids to the contractors. Stan Musgrave asked if we re let the project, would it be bid with the same specs. There was discussion that the issue would have to be discussed with the Attorney. Chairman, Roger Rose, commented there has been some legitimate points raised with regards to what we decide to do, and it could have an affect on the outcome of the project. Chairman, Roger Rose, commented we need to postpone this process until the legal issues are resolved, and we know what the specs will be for the project. After further discussion on the issue, Sherry Fulton made a motion to cancel the bid letting scheduled today for the Joseph Leasure Main Tile, Cause No. 5-1983, and reschedule the letting for Monday, February 8 because there are some legal issues to be resolved. Stanley Musgrave seconded the motion. Motion carried three to zero. Landowner, Mike Smith, asked, What are the legal issues? Fulton County Surveyor, Don Towne, commented it is about extending the twenty-four (24) inch tile. Mike Smith feels the landowners should have a voice in the issue, because there was strong opposition against the project. Mike further commented there were landowners on the other end of the project that were against it, and one landowner wanted to hire a lawyer and fight it, and Mike commented he told him he did not want to fight it. Mike commented if the project was going to do them good, and they would gain from it; but all of us are opposed to the project, except one. Mike also commented there will be a hundred and thirty thousand dollars ($130,000.00) spent for five (5) acres, and none of the rest of us are going to benefit from the project. Chairman, Roger Rose, commented the Board has already decided to commit the money to the project, and Roger commented from his point of view it is his responsibility to make sure the money is spent as wisely as possible. Roger further commented, that is the issue that must be resolved. After further discussion, the comment was made that this issue will be on the January 11 Drainage Board agenda. Mike Smith asked if the other landowners will be notified of the change in the proposal. Secretary, Jean Cloud, commented it is not a hearing. Chairman, Roger Rose, commented it is not a hearing; it is only discussion from the Board on what the strategy will be for the issue that is before the Board. Secretary, Jean Cloud, commented it is a public meeting and advised Mike Smith that he could let the other landowners know. Jean further commented since it is not a hearing, she does not have to legally notified all the landowners. After brief discussion, Jean commented that there is a website and the Drainage Board agenda will be posted there, and also all Drainage Board minutes are posted on the website. IN REF: CHRISTINA KEHRER-SEIFERT TILE HEARING DATE SET: CAUSE NO. 4-2009 #804 RECONSTRUCTION AND ESTABLISH A MAINTENANCE RATE Fulton County Surveyor, Don Towne, stated he has a signed petition that was carried by Art Gudas, and the county drain of record is located in Union Township. Don further commented the tile drains into Willow Creek. Don commented there is good fall in the tile. Don commented the tile is made up of eighteen (18) inch, twelve (12) inch and ten (10) inch on the high end. Don commented he is proposing reconstruction on the tile and also proposing to establish a maintenance rate on the tile. Don commented the high end of tile ends at the intersection of County Road 1050 West and County Road 100 South. Don commented there is approximately 3500 feet of tile to be replaced. The proposed reconstruction rate is three hundred and fifty dollars ($350.00) per benefited acre with a three hundred and fifty dollar ($350.00) minimum. The proposed maintenance rate is three dollars ($3.00) per benefited acre with a ten dollar ($10.00) minimum. COMES NOW, the Fulton County Surveyor presents to the Drainage Board a report for reconstruction and establish a maintenance rate on the Christina Kehrer-Seifert Tile, Cause No. 4-2009, #804 in Union Township. Chairman, Roger Rose, entertained a motion to set the proposed reconstruction rate at three hundred and fifty dollars ($350.00) per benefited acre with a three hundred and fifty dollar ($350.00) minimum and a proposed maintenance rate of three dollars ($3.00) per benefited acre with a ten dollar ($10.00) minimum. Sherry Fulton made a motion to set the proposed reconstruction rate at three hundred and fifty dollars ($350.00) per benefited acre with a three hundred and fifty dollar ($350.00) minimum and a proposed maintenance rate of three dollars ($3.00) per benefited acre with a ten dollar ($10.00) minimum. Stan Musgrave 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 Surveyors Report. The said Schedule of Assessments as passed by the Drainage Board in the captioned drain, which is attached hereto and made part hereof, shows the percent of estimated cost for the reconstruction for the landowners of the drain to be assessed of each tract of land for such proposed reconstruction rate. The percent allocated to all land benefited totals one hundred percent. Notices to be sent as per Indiana Statute, the hearing date to be set for Monday, February 8, 2010 at 9:30 A.M. E.S.T. in the Conference Room in the Fulton County Office Building. IN REF: GEORGE RENTSCHLER ARM #4 OPEN MAINTENANCE WORK CAUSE NO. 10-1999 #763 WILLOW CREEK-LITTLE MILL CREEK CAUSE NO. 2-1995 #714 DEAN O NEFF OPEN (GOSS OPEN) CAUSE NO. 6-1985 #653 Fulton County Surveyor, Don Towne, stated they have taken shots on the above mentioned ditches. Don commented the Rentschler Open is in the Fulton area, and his proposal is to clean the entire drain, which is approximately 21,400 feet. Don stated his estimate on the project is approximately $32,100.00 and that is the balance in the said drain fund. Don stated the Goss Open, which is part of the Neff System, which is 6500 feet to be cleaned, with an estimate for the project to be approximately $9,100.00. Don also stated the other drain is Willow Creek, which the proposal is to clean approximately 25,100 feet. Don commented he does not have it drawn up, but is proposing to clean the entire drain. Don commented his estimate is approximately $44,000.00 and there is approximately $58,000.00 in the fund. Don commented all three (3) drains have money in the fund to cover the cost of cleaning them. Don commented these have all been cleaned in the past. Don commented this will be the second time the entire drain has been cleaned on the Rentschler and Willow Creek, and probably the third time for the Goss Open. Chairman, Roger Rose, asked why the third time on the Goss. Don explained the low end is muck, and where it outlets into the Neff Open has probably been done five (5) or six (6) times. Don commented Aaron Ramer cleaned the Neff Open, where the Goss Open outlets into. Stan Musgrave asked if the landowners asked for the drains to be cleaned. Don responded yes. Don stated Jack Zimpleman requested the cleanout on the Rentschler Open; Roger Vigar requested cleanout on the Goss Open; and Luhnows and Rudes requested the cleanout on Willow Creek. Bids will be taken on all three (3) drains at the January Drainage Board meeting. Being no further business to come before the Drainage Board, Chairman, Roger Rose, entertained a motion to adjourn the Drainage Board meeting at 9:45 A.M. E.S.T. Sherry Fulton made a motion to adjourn the meeting at 9:45 A.M. E.S.T. Stanley Musgrave seconded the motion. Motion carried three to zero. RECONSTRUCTION: Banning Engineering, P.C. Joe Leasure Main Tile #577 $ 280.00 Banning Engineering, P.C. County Line Landfill Expansion $ 1,050.00 MAINTENANCE: Heltzel Construction David Clevenger Tile #525 $ 96.99 Gudas Excavating Adam Grube Open #550 $17,595.00 Prairie Marsh, Inc. Emanuel Rans Open #606 $ 788.88 Gudas Excavating Mud Creek #723 $ 1,800.00 Ulerick and Brunlett Ditching Jenkins & Kelly Tile #757 $ 177.00 Prairie Marsh, Inc. James Weasner Open #795 $ 1,187.84 Overmyer Excavating LLC Lucenia Smith Open & Arms #797 $20,983.50 Treasurer of Pulaski County 2009 Fall Settlement $ 583.77 Treasurer of Miami County 2009 Fall Settlement $ 684.08 Treasurer of Marshall County 2009 Fall Settlement $ 232.35 Treasurer of Kosciusko County 2009 Fall Settlement $ 424.02 Treasurer of Cass County 2009 Fall Settlement $ 164.88 CLAIMS: Board Members $ 183.00 Attorney $ 672.49 Clerical $2,756.04 Observer $ 63.60 Rochester Sentinel $ 126.10 Times Union $ 71.90 FULTON COUNTY DRAINAGE BOARD ________________________________________ ________________________________________ ________________________________________ Attest:___________________________________ Jean E. Cloud, Secretary DRAINAGE BOARD DECEMBER 14, 2009  PAGE 2 h4i4o4p4q4r4v40JmHnHu0J j0JU=>   m n 2 3 mnC4u4n{|KL:;fg;<=wxyST##%%%&,&3&T&o&p&&&& ''((((())C*D*++++.,/,,,K-L----....+/r/s//////:0l000<1112I2222222223233343536373U3V30414142434445464=4>4?4@4A4B4C4S4f4g4h4s4t4u4v4$a$$a$ !(&P1/ =!"#$% i8@8 NormalCJ_HaJmH sH tH <A@< Default Paragraph Font,@, Header  !, @, Footer  !&)@& Page Numberv0L=> mn23 m n { | KL:;fg;<=wxyST!!!","3"T"o"p"""" ##$$$$%%C&D&''''.(/(((K)L))))****++r+s+++++:,l,,,<---.I........./2/3/4/5/6/7/U/V/00102030405060=0>0?0@0A0B0C0S0f0g0h0s0w00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000@0@0@0@0@0 0%%1114v4n(/14v4!"#$%u4 %,.4!T38 #*#+ +++++++,,:,?,l,s,x,,,,,,--C0t0w0F L +*+f+q+++-,9,`,k,,,,,r-~----.;.G.|........ //&/1/C0t0w0333333333333333333 & ) F L tu  rx'/9BINXyy ,","3"""106060B0C0f0h0r0w0 qC:\Documents and Settings\jcloud.FULTONCOUNTY\Application Data\Microsoft\Word\AutoRecovery save of DRBD121409.asd H:\DRBD121409.doc H:\DRBD121409.doc H:\DRBD121409.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD121409.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD121409.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD121409.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD121409.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD121409.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\DRBD121409.doc!w0@Dv0@@UnknownGz Times New Roman5Symbol3& z Arial"qh7+F;e'T$20d0n 2QKThe Fulton County Drainage Board met on Monday, December 14, 2009 at 9:00 A  Oh+'0, 8D ` l xLThe Fulton County Drainage Board met on Monday, December 14, 2009 at 9:00 Ahe  e e e Normalt rm7rmMicrosoft Word 9.0r@ @30@ӏ'՜.+,04 hp|   uT0 LThe Fulton County Drainage Board met on Monday, December 14, 2009 at 9:00 A Title  !"#$%&()*+,-./012345789:;<=?@ABCDEHRoot Entry Fp{#ӏJ1Table'WordDocument*LSummaryInformation(6DocumentSummaryInformation8>CompObjjObjectPoolp{#ӏp{#ӏ  FMicrosoft Word Document MSWordDocWord.Document.89q