ĐĎॹá>ţ˙ ¸şţ˙˙˙śˇ˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁ7 đż\ŔbjbjUU &7|7|.ź-˙˙˙˙˙˙l\\\\\\\p|9|9|98´9 Ŕ9źp“Cśˆ:ˆ:ž:ž:ž:ž:ž:ž:CCCCCCC$ID iFş8C\ž:ž:ž:ž:ž:8C`<\\ž:ž:MC`<`<`<ž:.\ž:\ž:C`<ž:C`<˛`<C\\Cž:|: ÉöCŮĺČp 8|9Ě:šCCcC0“CC#Gf;ú#GC`<pp\\\\ŮThe Fulton County Drainage Board met on the 9th of June 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; Ted Waggoner; David Tofson; Tim Smith; Bruce A. Beehler; Joyce Hanna; Harris Lease; Dan Sailors; Dorothy Lease; Harold Costello and Bob Herrold. Chairman, Roger Rose, called the meeting to order at 9:00 A.M. D.S.T. Chairman, Roger Rose, asked for any additions or corrections to the May 12, 2008 Drainage Board minutes. Richard Powell stated he had a correction to be made. Being no further additions or corrections, Chairman, Roger Rose, entertained a motion to approve the May 12, 2008 Drainage Board minutes as amended. Richard Powell made a motion to approve the May 12, 2008 Drainage Board minutes as amended. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: COUNTY ROAD WASHOUTS DISCUSSION David Tofson, County Highway Superintendent, explained to the Drainage Board two (2) weeks ago when we had the severe rains, there were several washouts on county roads. David explained on Olson Road between Old 31 and New 31 there is a drain pipe, which is not on the inventory, but the issue is we have had several wash outs and asked if there is a way the County Highway can get reimbursed for the materials used to take care of these issues in the county. Richard Powell asked David where the pipe was located. David responded the pipe is where Mill Creek runs under Olson Road. David had a picture of the washout, and stated it appears the water was coming through the pipe so fast that the dirt backwashed right around the pipe and took it back to the road surface. Chairman, Roger Rose, stated it sounds like the pipe needs to be extended. David stated the pipe extends about three (3) feet out from the road surface. Drainage Board Secretary, Jean Cloud, stated the ditch is not on maintenance, but it is a county ditch of record. David Tofson stated in order to repair the washout; the County Highway used ten (10) tons of riprap and eight (8) tons of cold mix. David stated the riprap is ten dollars and fifty-five cents ($10.55) per ton; and the cold mix is sixty-eight dollars ($68.00) per ton. David Tofson stated on County Roads 600 E & 500 N, where the new box culverts were installed, there are lots of issues. Dave stated the culverts are filled in and there are sandbars. Fulton County Surveyor, Don Towne, commented that the ditch was cleaned and the box culverts were installed. Don explained upstream there is a lot of fall coming into the culverts. Don stated normally to catch the fill a silt trap is put in, but there is so much fall and so much gravel this could not be done. Don further stated he has talked with Kirk Ingram and he is going to clean out the culverts. Chairman, Roger Rose, asked County Highway Superintendent, David Tofson, if the repair at Olson takes care of the issue. David responded, “couldn’t guarantee it”. Roger further stated he would like to look at the situation and see why it stirred around at the area, instead of going on downstream. After further discussion, Chairman, Roger Rose, entertained a motion to go ahead and reimburse the County Highway in the amount of six hundred forty-nine dollars and fifty cents ($649.50) for materials to repair washout at Mill Creek on Olson Road out of the General Drain Improvement Fund. Richard Powell made a motion to reimburse the County Highway in the amount of six hundred forty-nine dollars and fifty cents ($649.50) for materials to repair washout at Mill Creek on Olson Road out of the General Drain Improvement Fund. Mark Rodriguez seconded the motion. Motion carried three to zero. Drainage Board Secretary, Jean Cloud, asked David Tofson to bring in a bill and a claim will be submitted. It is duly noted that Drainage Board Attorney, Greg Heller, excused himself from the meeting at 9:20 A.M. D.S.T. IN REF: F.M. KING TILE DISCUSSION Fulton County Surveyor, Don Towne, stated this tile is in Aubbeenaubee Township, in the Kings Lake area. Don stated this is a legal drain of record, but is not on maintenance. Don stated a few years ago the outlet of the tile was repaired with funds from the General Drain Improvement Fund. Don stated there is another area flooded and the road is flooded and it is known where the tile crosses State Road 17. Don is proposing to go off of the State Highway right of way and put in a riser and see if that will help the situation. The tile goes through a wooded area. Don further stated that copper sulfate could be put in the tile periodically to take the roots out of the tile. Don stated the location for the proposed riser would be north of County Road 525 N about four hundred and seventy-five (475) feet. Don stated the tile under State Highway is a ten (10) inch. Don further stated by putting in a riser, it would get the water off the road. Richard Powell asks what the reason was for not trying to set this ditch up on maintenance. Don responded that the county owns half the lots in the area, and the other lots are on tax sale. Chairman, Roger Rose, asked if this was a new problem. Don responded that Mike Clark at the County Highway said he had never seen this road flood in the past. Roger stated the tree roots are probably taking over the tile, and we need to do something quick in order to save the tile. Don commented that Jesse Rude lives in the area and he would ask him if he would be able to do the work, so the cost should not be that great. After further discussion, Chairman, Roger Rose, stated it seems to be an appropriate action and the last opportunity to try to save the tile. Don stated the low end where it was repaired there are a few trees starting to grow, so we will start spiking that area because we know where the tile is located. There was further discussion about using the copper sulfate in the tile. Being no further discussion, Chairman, Roger Rose, entertained a motion to allow the Surveyor to proceed as planned. Richard Powell made a motion to use the General Drain Improvement fund money to install a surface inlet on the west side of State Road 17 on the F.M. King Tile. There was discussion on setting a maximum amount to spend for the repair. The Board decided to go to the maximum of fifteen hundred dollars ($1500.00), which is according to the IC 36-9-27-44. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: JOSPEH LEASURE TILE HEARING: ORDER MADE CAUSE NO. 5-1983 #577 NOTICE PUBLISHED Chairman, Roger Rose, opened the hearing for the Partial Reconstruction of the Joseph Leasure Tile, Cause No. 5-1983 at 9:32 A.M. D.S.T. Chairman, Roger Rose, read the following: The purpose of the hearing is for a proposed Partial Reconstruction. Landowner’s letters were mailed on April 29th. Legal Publication was on May 29th. The watershed consists of 343.84 benefited acres and there are 15 parcels and 12 landowners. The proposed rate is $300.00 per benefited acre with a $300.00 minimum. Chairman, Roger Rose, stated there are several letters both of support and objection. Bruce and Ann Beehler are in support of the project; and letters of objection are from Harold Costello, Alice Hanna, Irene Smith, Mike Smith, Harris and Dorothy Lease, William and LaVonne Sailors, and Tony and Angela Slocum. Chairman, Roger Rose, asked Fulton County Surveyor, Don Towne, to proceed and bring us up to speed on the details of this proposal. Fulton County Surveyor, Don Towne, stated the proposal for this drain is to reconstruct the low end, starting where the tile empties into the open ditch. Don further stated there is plenty of a fall from the open ditch to replace this tile. Don further stated we are approximately eighteen (18) inches lower than the existing tile on the outlet. Don stated the proposal is to continue upstream, approximately twenty-seven hundred (2700) feet at a two tenths grade with twenty-four (24) inch smooth flow tile. Don further explained back in 1983, a twenty (20) inch concrete tile was placed in this area, so the proposal is to hook on to the concrete tile with a twenty-four (24) inch smooth core tile and plus run a fifteen (15) inch tile “y” off to the catch basin on Bruce Beehler’s property. Don further explained that this would help catch all the storm water coming down through the area. Don stated there is approximately three hundred and forty (340) acres in the watershed for said tile. Don stated according to his chart, a twenty-four (24) inch smooth flow tile on that grade should handle approximately five hundred (500) acres. Don further stated there will be a fourteen (14) foot deep cut at the road, and on the east side of the road the cut would be approximately twelve (12) foot, give or take following the contours. Chairman, Roger Rose, asked, “What is the present condition of this stretch of tile?” Don responded that the tile is over a hundred years old, and as far as repairs on the tile, the majority of the repairs are made on the upper end. Chairman, Roger Rose, asked, “What is the current tile size?” Don responded the stretch is twenty (20) inch and twenty-four (24) inch at the outlet, and Don stated he was not sure of the tile size in the middle. Chairman, Roger Rose, stated the proposal is for twenty-four (24) inch smooth flow. Don confirmed Roger’s statement. Richard Powell stated there was a comment about the outlet for this tile. Don stated he had taken shots on this tile and there is plenty of fall in the short stretch of open ditch before it gets to the Leasure Open outlet, which drains into the Grassy Creek/Gault ditch. Don further commented in the three hundred (300) feet of open, there is approximately four (4) feet of fall. Don commented on big rain events in the past, it does back up because Grassy Creek is fairly flat. Harold Costello commented all the ditches are bad. Tim Smith stated it floods their place bad. Don commented that the Smith’s have a lot of muck ditches. Mike Smith stated this winter it was a lake. Don commented there were a lot of lakes in January and February. Mike stated it is still wet and you cannot farm it. Chairman, Roger Rose, stated other than when there are flood conditions, there is a good outlet. Mike Smith commented it is not just the Gault; it was all backed up through that area and everything was under water, and this project would just add to it. Tim Smith commented they are not opposed of Bruce getting rid of his water, but we are getting flooded in the process. Mike Smith commented that they all had bowls. Mike also commented everyone else has to drain their bowls to the main outlet. Vice Chairman, Richard Powell, asked, “When was the main outlet cleaned?” It was commented; it was back in the 50’s. Drainage Board Secretary, Jean Cloud, stated the main outlet ditch is the ditch that is presently in litigation. There was further discussion with the main outlet drain being bad, and they are all suffering. Don commented that they would all like to see Grassy Creek be set up on maintenance. Don further stated most of the objections are in Cass County and one in Fulton County. Board Member, Mark Rodriguez, commented he is hearing there will be minimal benefit derived from what we are recommending, until we deal with the downstream matter. Don stated at normal times the ditch will drain and be ok, but with any big rain event, it will back up. Mark Rodriguez commented this past year we have seen several ditches back up, because it has been an unusual year. Mark stated on a scale from one to ten, would this particular ditch in terms of backing up because of the inadequate flow at the lower end, is this a nine or a five? Ted Waggoner explained that this is the norm that we are talking about. Bruce gets water whether there is a big event or not. Ted further stated when it rains, he gets water, sometimes it floods out ten (10) acres, and if it is a moderate rain, it floods out twenty (20) acres. Ted further stated once he gets water, he has to wait until all the upland water drains out of the pipe, because the pipe is full. Ted further stated that he has water standing in his field for four, five and sometimes as many as ten (10) days during the normal period of time. Mike Smith asked, “What do you think we are at the other end of it?” Mike further stated we are wetter than that. Ted Waggoner commented, “But not normally.” Several commented that they are. Harold Costello commented that Bruce was farming before he was this spring. Ted Waggoner commented the Leasure ditch is not your problem, it is the Gault/Grassy Creek. Harold Costello commented that they do not want to add to the problem. Ted Waggoner commented we are looking at the watershed itself and the normal time. Tim Smith commented that their muck has drowned out the last two (2), three (3) years. Tim further stated what is normal to you is not normal to us. Ted Waggoner stated that Bruce has drowned out eighteen (18) of the last twenty (20) years. There was discussion on when Bruce put the pump in on his property. Mike Smith commented that we all have a bowl back in that area, and we pay on that drainage and we lose, too. Mike further commented we do not ask the rest of the landowners to help pay on draining our bowls. Mike also stated they drained their bowl last year and absorbed the cost our self. Mike further commented that they all had problems with bowls and that is the type of land that is in that area. After further discussion, Fulton County Surveyor, Don Towne, stated where the tile will be hooked onto the concrete tile, we will be lowering the tile about five (5) feet. Mike Smith commented if the tile is put in five (5) feet lower, then we will be losing more drainage. Mike further commented think how much longer it will take the water to get down to it. Don stated this the main tile and all the landowners can hook their laterals into. Mike asked why does his mother have to absorb all the cost of that. Mike stated his mother would take a loss, because it will take the water longer to get down to the tile. Dan Sailors asked what would their benefit be, as they are up above. Dan further commented that it would not be helping the landowners. Ted Waggoner stated that is the purpose of the watershed. Ted further stated that was the reason the Drainage Law was adopted was because people that set higher in the elevation never have a problem, gravity always took care of the problem. Ted further commented that the purpose of the main outlet to allow everybody, including the landowners in the holes, to get there water from where it is to the outlet. Dan Sailors commented the only purpose he understands, is we are lowering the tile so that Bruce does not have to pump the water. Ted responded that Bruce would probably still have to pump the water. Dan commented then what are we gaining, if he is still going to have to pump the water. Ted stated you are gaining the fact that Bruce will not have to pump it as long and that he does not lose a crop. There was a comment that everyone is paying for a tile over to his hole, and everyone else has to pay for their own tile to their bowl. After further discussion, Chairman, Roger Rose, stated it sounds like the twenty-four (24) inch section of tile is maxed out. Chairman, Roger Rose, asked the Fulton County Surveyor, Don Towne, “How much capacity does the smooth core tile add?” Don responded that the smooth core verses the old tile, would add quite a bit, it would almost double the drainage. Don stated when he originally drew up the plans, he planned on running new twenty-four (24) inch up to Bruce Beehler’s north property line, and then realized that the twenty (20) inch was put in 83, and so decided to stop and hook on to the twenty (20) inch, because everything from the north would still drain down through it down to Bruce’s pump. Don further stated the cost is less than the original plan. Mike Smith commented that no one else gets that leg off of the main tile, so why is the leg for him considered in the proposal. Fulton County Surveyor, Don Towne, stated that is his proposal. Mike Smith commented that everyone could turn in a bill for the Joe Leasure in order to drain his or her bowls. Mike Smith commented if you look at the picture, probably ninety percent (90%) of the bowl is on Bruce’s land. After further comments from Mike Smith, Ted Waggoner commented that the Drainage Board was given as part of the record that it is not all Bruce’s water obviously. Ted Waggoner commented that the other landowner’s water gets away, and Bruce’s water cannot get into the main. Ted Waggoner further commented in terms of doing a cost benefit analysis, the three hundred dollars ($300.00) sounds like a lot of money per acre, in 1983 it would have been a lot of money per acre. There was further discussion among the landowners. Ted Waggoner commented unfortunately if the drainage law does not work, that is what you encouraging people to do, to build a berm and say we are not going to take your water and that does not help anybody. Ted commented that is the other remedy if the Drainage Board does not come through. Ted also commented that Bruce does not want to do that. Bruce Beehler commented he has seventy-three (73) acres of land into the system, and if all he had to deal with was seventy-three (73) acres of water, then he could handle it; he could pump it and the tile is fine the way it is. Dan Sailors asked Bruce how many acres to the north do you have coming into the bowl. Bruce stated no one said anything about that, but there is probably another sixty (60) to seventy (70) acres, which is all mine. Tim Smith commented if that all dumps into Grassy Creek/Gault ditch, and then all you are doing is complicating the problems more for all the rest of us. Mike Smith commented if there is not an outlet, how are you going to get rid of the water. Mike Smith commented it is all about getting rid of the water; you have to start at the bottom. Ted Waggoner stated they tried to start at the bottom and that is why they are in litigation. Mike Smith commented they were losing more than what Bruce is losing. Bob Herrold commented he does not have very much, and commented that he is on both ends of this. Bob commented he is sending water onto these landowners, but on the very far end before it gets into the high ground at Don Hizer’s, there is ground that is not planted and is not going to get planted this year. Don commented that is Grassy Creek on the far end. Bob Herrold further commented that he has friends and neighbors here and don’t want to say anything either way, but he is getting hit both ways. Bob further commented that he has set in the seats where the Drainage Board is, and commented it is a bad situation. Bob also commented that we really need Grassy Creek cleaned out. Ted Waggoner commented when Grassy Creek gets cleaned out, there will be another hit, there will be cost to it, but with farm and crop prices being up, this is a better time for the hit than it would have been five (5) or six (6) years ago. Mike Smith commented that things could change pretty fast, look at the fertilizer and fuel costs, the profits is going down pretty fast. Chairman, Roger Rose, commented that there does not seem to be any disagreement that this section of ditch that we are proposing does constitute some kind of restriction on the flow for the system. Chairman, Roger Rose, asked if there was agreement to that, even though there is a question about the outlet, which apparently needs further work, but this in itself is a restriction on draining this particular watershed. Chairman, Roger Rose, commented it comes down to, is this appropriate to proceed in removing the restriction, when there still remain problems with the larger drainage system downstream. It is duly noted that Drainage Board Attorney, Greg Heller, returned to he meeting at 9:55 A.M. D.S.T. Mike Smith further commented that his mother’s property is not going to gain anything by doing this; she loses drainage out of this and charging her over thirty thousand dollars ($30,000.00). Chairman, Roger Rose, asked Mike Smith why does he feel his mother’s property is losing drainage. Ted Waggoner commented that Mike’s mother has more acreage. Mike Smith commented it takes longer for the top water to go down two (2) more feet and the reconstruction of this tile is all through a twenty (20) acre and a seventy (70) acre field diagonally, surely there is compensation for all the damages where the tile goes through. Mike asked if this is going to be done when it is not being farmed. Mike also commented that she could lose almost fifteen (15) acres until the work is done. Fulton County Surveyor, Don Towne, commented if the landowners do not want us to do the work during the crop season; we would wait until the off season. Harold Costello stated you know it will have to be left open. Fulton County Surveyor, Don Towne, commented that it would have to be left open so that it will settle. The comment was made if you are going five (5) feet, it will be twenty (20) foot deep. Don commented a lot of the cuts will be twelve (12) feet deep and at the road the cut will be fourteen (14) feet. After further discussion, Mike Smith commented they will lose a crop for at least one (1) or two (2) years, she has two hundred and fifty (250) acres she loses ninety (90) acres going diagonally. Don commented they should not lose a crop for two (2) years, and do not know of a time that it could not be farmed the next year. Harold Costello commented there would not be a crop on top of that ditch for five (5) years. Tim Smith stated the tile goes diagonally through every field they have. Don commented that is true. Mike Smith commented there is no consideration to compensation, and her assessment is thirty thousand dollars ($30,000.00). Angela Slocum commented that is an estimate, she is assuming. Angela asked, “If the contractor runs longer or there are overages, who bears that cost?” Fulton County Surveyor, Don Towne, commented the most is ten percent (10%) that we can go over the original bid. Fulton County Surveyor, Don Towne, stated he is normally a little high on the estimate, but with the increase in tile and fuel costs it could be higher by the time the work is started. Ted Waggoner commented there have been times when the bids have come in twenty (20) to twenty-five percent (25%) under the estimate. Mike Smith commented if laterals does not get hooked up, we would have to go in and pay for those. Fulton County Surveyor, Don Towne, commented that the contractor tries to hook up all laterals as he goes through on the job, but if a lateral is missed we will go back and hook it up and it will be paid for through the cost to the landowners. Ted Waggoner commented that the Drainage Law calls for if the benefit outweighs the cost the Board will determine that, and Don has made the recommendation because he believes that is so. Ted stated the argument that has been heard against it is the ones that you hear in every drainage issue, “it does not benefit me”, and the question is not me, it is the system. Ted further commented in terms of the price; the Drainage Board has to do what is right, if you don’t, just like the Gault ditch, nobody wants to find themselves in the world of litigation over what the right thing or wrong thing is. There was brief discussion on the Gault ditch. Richard Powell commented there are twelve (12) landowners, do we know what the seven (7) who object represent in acreage. It was discussed those landowners that did not send in an objection, are presumed to support the project. It was commented that Irvin Bridegroom did sign the petition. Drainage Board Secretary, Jean Cloud, commented Irene Smith has 101.79 acres, which would be approximately thirty percent (30%) of the total benefited acres, against the project and Bruce Beehler has 73.21 acres, would be twenty-one percent (21%) in favor of the project. Richard Powell commented we have not heard any comments from Harris or Dorothy Lease. Dorothy Lease commented, “If we wait until the Gault ditch goes through, will that relieve his problem?” Ted Waggoner commented the water needs to get from where he is at to the outlet. Mike Smith stated there is a restriction there. After brief discussion, Fulton County Surveyor, Don Towne, commented the Gault ditch is flat. Don further stated that cleaning Gault/Grassy Creek is not going to help Bruce’s situation. Mark Rodriguez asked Don, “If we take this action we are talking about, do we create a bigger problem for people in this room?” Don responded, "Their concern is when we get much of a rain event, Grassy Creek backs up." Don further stated that is quite a call. Don further stated if there would be a large rain event, it would hinder the landowners. Tim Smith asked, “What if this doesn’t take care of Bruce’s problem. Fulton County Surveyor, Don Towne, commented that nothing is designed for a four (4) inch rain. After further discussion, Don commented the tile is old and we are trying to get it down where it will naturally drain. Tim Smith stated they have a pocket, not far from Bruce, that drowns out, too, and the water does not get away fast. Tim Smith further commented that he does not see that big of a benefit. Bruce commented he put a surface inlet on there about a year ago and it really doesn’t help the situation. Bruce stated it makes the pressure worse and makes the water back out. Bruce stated he is going to take the surface inlet off and let the pressure of the tile stay in the tile. After further discussion, Bruce further stated the tile was intended to put the water into the Leasure open and Grassy Creek is not the topic of the day. Bruce further stated the topic of the day is the Joe Leasure Main Tile. Bruce also made the comment that the Joe Leasure Main Tile is inadequate to do the job that it was designed to do. Bruce further commented that the law has provisions for this, and that is all he is looking at. Tim Smith commented, “What about the extension, is that our responsible?” Bruce Beehler, commented, “Tear it out, tear all that twenty (20) inch cement tile out and lay what you want.” Mike Smith commented, “This is still not going to solve his problem, he will still have to pump when we get those rains.” Ted Waggoner commented that we are not distinguishing between what Don is trying to distinguish and that is the abnormal event; the four (4) inch rain is an abnormal event. Ted further stated it might be a one in twenty year event. Ted further commented it is the normal rain, the inch, inch to two inches of rain, that Don stated would take of problem. Chairman, Roger Rose, asked if the Joe Leasure Tile discharges into the Joe Leasure Open, and how far is Grassy Creek? Don stated it would be approximately a half mile. Roger commented that there is good drop over that half mile. Don stated the drop is only for about three hundred (300) feet. Don further commented that the Leasure Open is flat. Don further stated the ground is muck all the way to Grassy Creek. Don stated the fall on that short stretch is about four (4) feet. Don stated at the outlet the tile would be lowered about a foot and a half. Chairman, Roger Rose, commented the leg over to Bruce’s low spot is included in this partial reconstruction. Don showed the Drainage Board on the map, where he is proposing to put the leg in order to hook into Bruce’s pump. Chairman, Roger Rose, asked, “Why wouldn’t that be considered a lateral?” Fulton County Surveyor, Don Towne, stated that is the proposal. Bruce commented that the cement tile was installed in 1983 and there is nothing wrong with that tile. Bruce stated it is pointless to take out the cement tile and replace it with twenty-four (24) inch tile. Bruce stated it makes good common sense to stop with a twenty-four (24) inch at the end of the twenty (20) inch cement tile. Bruce further stated it would be less money to run a fifteen (15) inch spur along the side of it in order to gain the fall. Bruce stated the only other solution would is take another four hundred (400) feet of cement tile, which is perfectly good, and lay the twenty-four (24) inch. Bruce stated it is a spur that will serve to alleviate the problem. Fulton County Surveyor, Don Towne, stated he brought it back to the “y”, because it is draining into the twenty-four (24) rather than going the shortest distance to drain it. Harold Costello asked, “Why is the spur being added into the assessment?” Don stated that is how he is proposing the project. Ted Waggoner commented that the proposal is cheaper by taking a link on up from the twenty-four (24) inch, and everybody benefits, and it is probably cheaper per resident. Mark asked what are the total acres of the landowners objecting. Ted Waggoner commented that is the purpose drainage law is designed to benefit every landowner, not just one, but also not the fifty percent (50%) who dump their water on the neighbor. Drainage Board Secretary, Jean Cloud, stated the total acres of landowners objecting are approximately 232.4 acres or sixty-eight percent (68%). Board member, Mark Rodriguez, commented the preliminary discussions have been about the Gault ditch and this is an influencing factor in the overall decision. Mark stated that most of the objectors has brought this into the conversation. Chairman, Roger Rose, stated we have to keep in mind that we are looking at the management of the watershed. Roger stated what we are seeing here is very typical in all of our hearings, where there is some direct benefit and some that does not have direct benefit. Chairman, Roger Rose, asked for any further comments or statements from the landowners. Chairman, Roger Rose, asked Ted Waggoner if he had anything else. Ted commented that he felt the problem is understood, and would encourage the Board not to wait for the resolution of the Grassy Creek/Gault ditch issue, which as you know this has been looked at for twenty-five (25) years or more. Chairman, Roger Rose, stated one of the frustrations of being on this Board is we want to see to progress made through the county in terms of improving the drainage system. Roger further stated whenever there is an issue come up, there is always a division of beneficiaries within the watershed that makes it difficult to see progress made. Roger stated he personally wants to see some progress made in these issues, and this has to be kept in mind that we don’t take a pretty aggressive stance with regard to that, and then these things get bogged down for decades. Ted Waggoner commented that he would like to add that Bruce Beehler has been living with this over a decade, close to twenty (20) years, and because there are neighbors he has not done this. Ted further commented this is the right time to do it, and maybe six (6) months ago would have been a better time, because margins would have been better, but we are talking about five (5) years and three hundred dollars ($300.00) and talking about one and a half (1 ˝) and two (2) tenth of a percent of the value of each acre. Chairman, Roger Rose, stated there is a couple of issues of whether, one is there a benefit to the overall watershed, and two is there benefit of doing it now verses to waiting until something happens to the Grassy Creek situation. Chairman, Roger Rose, stated the Surveyor indicates it would be immediate benefit to the watershed even in the absence of any further progress with Grassy Creek litigation. Roger stated when we get into the high rainfall of events, the benefits get marginal. Roger stated basing this on high rainfall events is not very prudent, because in the event of a high rainfall event, everyone will be in a bad situation. Roger stated we must look at the normal situation, and will that improve the situation there and he feels in his opinion it would. Richard Powell stated he is hearing there would be more benefit in reestablishing the outlet, than there is fixing the tile. Richard Powell commented he feels all the landowners agree at some point the tile needs to be fixed, but first they need an outlet for the tile. Mark Rodriguez commented he does not know how well they have heard from Don in terms of the question that has been raised, and further commented he is on the fence. Richard Powell commented the factor that helps us make our decision is that sixty-eight percent (68%) are not in favor of the project. Chairman, Roger Rose, stated in answer to the question of the outlet, Don is proposing to drop the outlet of the tile approximately a foot and a half and there will be four (4) foot drop in the stretch of the tile. Roger commented there is a good outlet with what Don is proposing. Roger further commented there would be good drainage for this watershed, except under extreme conditions. Mark Rodriguez stated that seems to be where the question is at, because even in a minimal event there is minimal benefit being derived. Mark asked Fulton County Surveyor, Don Towne, that what he has designed, nothing has changed and he would stand behind it. After further comments from Mark, Don responded the landowner’s are the one’s that need to say the pros and cons on this project. Don further commented that the proposal is to lower the tile five (5) foot, so that it will help drain the area. Don further stated if the project were approved, he would submit his plans to an engineer to look it over. Drainage Board Attorney, Greg Heller, commented he feels this would be an appropriate time to keep on tract as to what needs to be decided by the Board and what the options are. Greg stated the Board ultimately needs to decide if the cost, expenses and damages are less than the benefits that accrued to all the landowners are going to benefit from this reconstruction project. Greg stated if the Board’s answer to this question is yes, then you adopt the reconstruction report; if your answer is no, then you dismiss the proceedings. Greg further commented that the Board could also adjourn this meeting, day to day, or a date certain if additional information is needed. Greg also commented the present recommendation can be amended. Richard Powell stated that one of the Board’s jobs is to move to a solution. Fulton County Surveyor, Don Towne, commented that he couldn’t say to go or no go on the issue. Mark Rodriguez asked Don if he had heard something here today that changed his mind. Don responded he tries to work for both sides and answer things truthfully for what he knows about what is out there. Chairman, Roger Rose, commented that everybody knows that good drainage is expensive and all these farmers know that and the heart of good drainage is a good outlet. Roger believes what we are doing here today is an improvement on the outlet for everyone here. Roger further stated by putting the tile deeper, that would improve the outlet ultimately for everyone in some respects and also increasing the flow capacity of the outlet, which is also a significant benefit. Roger stated in his opinion the benefits of this proposal would outweigh the costs. Roger stated he is willing to support it. Richard Powell does not feel the benefits outweigh the cost of the project. Mark Rodriguez stated the majority of the benefited acres are objecting. Being no further discussion, Richard Powell made a motion that the cost, damages and expenses are more than the benefits accruing to the owners of the lands benefited by the reconstruction. Mark Rodriguez seconded the motion. Motion carried two to one. IT IS NOW ORDERED, by the Fulton County Drainage that the Schedule of Assessment is denied for the partial reconstruction of the Joe Leasure Tile, Cause No. 5-1983, #577; in Wayne Township, Fulton County. The said Board orders that one notice be published in this cause of action promptly in the Rochester Sentinel and the Observer, newspapers of general circulation throughout Fulton County, which notice shall properly identify the drainage proceedings and further state the Findings and Order of said Board has been filed and is available in the Office of the Fulton County Surveyor. Fulton County Surveyor, Don Towne, stated he was questioned about the watershed acres. Don Towne stated on the Harris Lease’s property to the north there is only thirteen (13) benefited acres assessed. Don stated he ran the contours for the watershed and there is actually forty-six and one half (46 ˝) benefited to the Joe Leasure Tile watershed. Don further stated the thirteen (13) acres was set up at the time the tile was put on maintenance. Don stated nothing was changed for the hearing, but this was brought to his attention. Don discussed this issue with Dan Sailors and Dorothy Lease. The hearing was closed and Chairman, Roger Rose, stated the Board would take a recess at 10:48 A.M. D.S.T. Chairman, Roger Rose, called the Drainage Board back to order at 11:01 A.M. D.S.T. IN REF: JUD L. HUDKINS OPEN UPDATE CAUSE NO. 5-1998 #733 Fulton County Surveyor, Don Towne, stated he had talked with Troy Cowles and Bill Morris and it would be a week or two before they could get started on the relocation of the said open ditch. Don further commented that as soon as Bill Morris completes the job he is working on now, then they will start on our project, and it will only take two (2) or three (3) days to complete the project. Don stated at last month’s meeting it was discussed about getting at least two (2) quotes. Don stated he talked with Troy Cowles and he really wants to work with Bill Morris on the project. Don stated he has talked with Bill Morris and Bill is interested in the work and sounds reasonable in getting the job done. Don also stated that Troy Cowles would fill in the old ditch at no cost to us. Don stated we would only be paying for the contractor to dig the new ditch. Don stated there would be a gradual curve in the new ditch; there will be no ninety (90) degree curve like the old ditch. Chairman, Roger Rose, asked if the triangle could be farmed. Don responded that it cannot be farmed, there is not enough left to farm, but they could probably be put in CRP. Drainage Board Secretary, Jean Cloud, asked Fulton County Surveyor, Don Towne, if he had an estimate cost for the project. Don replied when he talked with Bill Morris, he indicated it would be between two (2) to three (3) thousand dollars ($3,000.00). Richard Powell asked if the ditch would be stoned. Don responded that the ditch would be dug and banks laid back. Don stated when the road was repaired there was an eighteen (18) inch pipe in under the road, and that pipe will need to be extended over to the new ditch. Don further explained if the pipe is not extended, then a side ditch would have to be put in and that is just something else to flow into the ditch. After further discussion, Richard Powell made a motion to cost share with the County Highway and the ditch maintenance fund for the extension of the eighteen (18) inch tile under County Road 100 South to the Jud Hudkins Open. Don further stated the ditch is being moved for safety reasons. Mark Rodriguez seconded the motion. Motion carried three to zero. IN REF: ALLEN & COPLEN TILE ADJUSTING WATERSHED CAUSE NO. 23-1968 #690 WILLIAM GRAHAM OPEN CAUSE NO. 4-1972 #545 Fulton County Surveyor, Don Towne, stated on the Barts & Showley has put in some new laterals and the contractor, Rich Richey, had the footage on the new tiles. Don further stated he drew in the lines and adjusted the watershed accordingly. The following adjustments need to be made to the watershed on the Allen & Coplen Tile for the Barts & Showley property, and the Helen Thompson property in care of George Krom: Allen & Coplen Tile 009-126004-01 Barts & Showley 35.30 Benefited Acres to 19.60 Benefited Acres 009-120031-00 Helen Thompson 25.70 Benefited Acres to 21.60 Benefited Acres William Graham Open 009-126004-01 Barts & Showley 100.98 Benefited Acres to 100.38 Benefited Acres 009-120031-00 Helen Thompson 25.70 Benefited Acres to 21.60 Benefited Acres Being no further discussion, Chairman, Roger Rose, entertained a motion to correct the watershed of the Allen & Coplen Tile and the William Graham Open as presented by the Surveyor. Mark Rodriguez made a motion to correct the watershed of the Allen & Coplen Tile and the William Graham Open as presented by the Surveyor. Richard Powell seconded the motion. Motion carried three to zero. IN REF: ROAD DAMAGE DISCUSSION Fulton County Surveyor, Don Towne, asked the Drainage Board about how they will handle the billing for road damage if a contractor that is working on our ditch project causes it. Don asked, “What are we going to do when our contractors are working on ditch projects, unloading and loading equipment and when they are working on an open ditch they will cross the road?” Richard Powell stated, “Whatever happened to the rubber tire concept.” Don stated the contractors try to be cautious, but if they are going to get a bill on it, we will pay for it through the ditches. Mark stated we are wearing two different hats here. Mark stated the ditch needs to bear the liability, not the average county taxpayer. Richard Powell commented that there should not be any damage, the contractor needs to be careful where they unload and load the equipment and watch how they do it. Don stated he feels the contractor will, but if the damage is assessed there will be some, it just happens, especially if it is hot. After further discussion, it was decided that letters should be sent to our contractors informing them that the Commissioners are enforcing the process of billing individuals responsible for damaging our county roads. It was also discussed that this notation be added to the specs to contractors bidding on a project. IN REF: TURNPAUGH TILE CERTIFY TO AUDITOR CAUSE NO. 4-2007 #796 RECONSTRUCTION ASSESSMENTS The undersigned of the Fulton County Drainage Board, do hereby certify the assessment for reconstruction of the above captioned drain, in accordance with the Drainage Act of 1965, and as amended, to be placed on the Ditch Duplicate and to be collected by the County Treasurer. All Assessments for the Reconstruction shall be collected over a five (5) year period as provided by law. Said Assessments to be first collected in 2010. It is duly noted that Drainage Board Attorney, Greg Heller, excused himself from the meeting around 11:00 A.M. D.S.T. IN REF: BOARD CONCERNS Richard Powell was interested in knowing if Drainage Board Attorney, Greg Heller, had sent the letter to Henry Smith. Drainage Board Secretary, Jean Cloud, stated the letter was not sent out. Jean further stated Fulton County Surveyor, Don Towne, talked with Roger Rose about this issue. Chairman, Roger Rose, stated Don called and stated he had second thoughts about sending the letter. Don further stated he had Jesse Rude go out and level the spoil on the Busenburg, because Henry’s backhoe was broke down. Don further stated the Busenburg is blocked, so Kirk Ingram is to go out and take care of that issue. After further discussion, it was decided to wait and see what happens before proceeding with sending a letter. IN REF: GRASSY CREEK/GAULT DITCH CONCERN Richard Powell commented if a letter could be sent to someone in reference to the hold up on the Grassy Creek/Gault Ditch litigation. Fulton County Surveyor, Don Towne, ask if our Board could send a letter to Cass County Board, giving our support. Mark Rodriguez stated he feels this contributed to an improvement plan that was submitted and the Grassy Creek/Gault ditch was the basis for the objectors to the project. Chairman, Roger Rose, stated he felt it would not hurt anything to let them know that their failure to move the project forward has consequences. Drainage Board Secretary, Jean Cloud, stated they had not heard anything from Cass County for several months. After brief discussion, the Drainage Board ask the secretary to draft a letter and send to the Cass County Drainage Board and a copy of the letter to John Hillis, Drainage Board Attorney expressing our concerns. Being no further business to come before the Drainage Board, Chairman, Roger Rose, entertained a motion to adjourn at 11:58 A.M. D.S.T. Mark Rodriguez made a motion to adjourn the meeting at 11:58 A.M. D.S.T. Richard Powell seconded the motion. Motion carried three to zero. RECONSTRUCTION: Fulton County Highway Mill Creek $649.50 MAINTENANCE: Jesse Rude Levi Baker Tile #509 $ 245.26 Indiana DNR Ammon Bucher Open #521 $ 225.00 Jesse Rude Peter Busenburg Open #523 $ 356.30 Jesse Rude Peter Busenburg Open #523 $ 2,455.00 Jesse Rude Davis & Beck Tile #529 $ 1,094.81 Jesse Rude Sarah Herrold Tile #553 $ 384.46 Prairie Marsh, Inc. Jackson Wagoner Open #561 $ 593.88 Prairie Marsh, Inc. Krom Stinson Open #570 $ 576.07 Howe Excavating Joseph Leasure Tile #577 $ 777.50 Prairie Marsh, Inc. Elijah Miller Open #586 $ 629.59 Ingram Excavating Emanuel Rans Open #606 $ 937.50 Jesse Rude Shafer Tile #614 $ 105.50 Jesse Rude Walsh-O’Brien Open #636 $ 240.00 Grand Excavating, LLC Walsh-O’Brien Open #636 $ 1,568.25 Grand Excavating, LLC Walsh-O’Brien Open #636 $ 1,274.00 Grand Excavating, LLC Walsh-O’Brien Open #636 $ 2,100.50 Grand Excavating, LLC Walsh-O’Brien Open #636 $17,906.00 Grand Excavating, LLC Walsh-O’Brien Open #636 $24,398.00 Grand Excavating, LLC Walsh-O’Brien Open #636 $ 4,300.50 James K. Ingram Excavating Dan Struckman Open #648 $ 976.25 Ingram Excavating E.B. Collins Open #657 $ 3,420.00 Miami Logistics LLC Robbins & Walters #670 $ 339.48 Prairie Marsh Inc. Samuel Stahl Open #671 $ 1,233.60 Jesse Rude Joseph Jeffries Tile #681 $ 485.50 Miami Logistics LLC Bair & Partridge #692 $ 304.77 Prairie Marsh, Inc. Harsh & Kesler #707 $ 180.00 James K. Ingram Excavating Bryant Leininger #708 $ 1,134.00 Overmyer Excavating LLC Troutman Hogan Open #717 $ 1,470.00 Grand Excavating, LLC Mud Creek #723 $ 1,700.00 James K. Ingram Excavating Mud Creek #723 $ 3,000.00 Grand Excavating, LLC Mud Creek #723 $ 4,485.00 Prairie Marsh, Inc. Austin Tilden Open #766 $ 631.80 Grand Excavating, LLC James Weasner Open #795 $ 2,116.50 Grand Excavating, LLC James Weasner Open #795 $ 3,735.00 CLAIMS: Board Members $ 183.00 Attorney $ 643.75 Clerical $1,830.84 Rochester Telephone Co., Inc. $ 19.30 Fine Things $ 8.55 The Observer $ 10.42 Rochester Sentinel $ 9.48 FULTON COUNTY DRAINAGE BOARD ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ Surveyor ATTEST:________________________________________ Jean E. 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