ࡱ> SUR7 %=bjbjUU *b7|7|8Ql,,,,,,,@8 $4@Sddzzzzzz$  ),zzzzzl,,zz lllz:,z,zlzlfl,,zX 0, O?@:#0S~l@@,,,,The Fulton County/Miami County Joint Drainage Board met on Tuesday, October 14, 2008 at 9:00 A.M. D.S.T. in the Commissioners/Council Room in the Fulton County Office Building. Those present were Chairman, Roger Rose; Vice Chairman, Greg Deeds; Richard Powell; Gary Hawley; Don Towne, Fulton County Surveyor; Tom Chudzynski, Fulton County Assistant Surveyor; Joint Drainage Board Attorney, Greg Heller; and Joint Drainage Board Secretary, Jean Cloud. It is duly noted that Fifth Member, Mike Tiede and Miami County Surveyor, Jeff Harvey were absent. Chairman, Roger Rose, opened the hearing at 9:00 A.M. D.S.T. Landowners/Representatives present are as follows: Ella Lockwood; Gilbert B. Keller; Carl Ault; James L & Ethel M. Fall and Robert Taylor. IN REF: LUCENIA SMITH OPEN HEARING:ORDER MADE CAUSE NO. 1-2008J #797 NOTICE PUBLISHED Roger stated the hearing is for the Lucenia Smith Open, Cause No. 1-2008J; the purpose of the hearing is to establish a maintenance rate on the legal drain of record. Roger further stated that Miami County has 1031.44 benefited acres and Fulton County has 2839.708 benefited acres. The proposed maintenance rate is $8.00 per benefited acre with an $8.00 minimum on 890.23 benefited acres in Miami County and 115 benefited acres in Fulton County, and $13.00 per benefited acre with a $13.00 minimum on 141.21 benefited acres in Miami County and 2724.708 benefited acres in Fulton County. Roger further commented there was an error found in the watershed acreage and corrections will be made with additional acres in the amount of 39.14 for a parcel of land that was missed; and remove 98.98 benefited acres to correct two (2) parcels. Roger further stated there are letters of concern from James and Ethel Mae Fall and Anne Toman; and there are no letters of objection at this time. Chairman, Roger Rose, asked for any additions or corrections to the July 22, 2008 minutes. Being no additions or corrections, Greg Deeds made a motion to accept the July 22, 2008 minutes as presented. Richard Powell seconded the motion. Motion carried four to zero. Chairman, Roger Rose, asked Fulton County Surveyor, Don Towne, to explain the proposed project. Fulton County Surveyor, Don Towne, stated the Lucenia Smith Open system would include the open arms draining into the Lucenia Smith Open. The open arms included in the system are the Miller Arm, Hannah DuBois, Weaver Davis, and an arm to the Hannah DuBois. Don further commented his proposal is to brush one side and dredge the ditch. Don further stated there is one road crossing that is too high, so it will need to be lowered, and there are a few private crossings that are bad and will need to replaced. Don further commented if the hearing goes through today, he would contact the landowners and let them know what will need to be done on their crossings. Don explained the Lucenia Smith Tile is on maintenance and the proposed rate for those property owners is eight dollars ($8.00) per benefited acre. Don stated he had a landowner ask about brushing both sides of the drain, and Don stated that could be done. Don explained the proposed plan would go out three (3) years, and then the Board could review the maintenance fund and possibly lower the maintenance rate. Don stated if the decision is made to brush both sides, then it would take an additional year, before the Board would review the rate. Don stated his estimates for projects are usually high, but with fuel costs we dont know what bids will come in at for the project. Chairman, Roger Rose, asked if there were any questions from the public. Carl Ault asked, When do you propose to do the work? Don commented he would like to do the work in the summer. Don also commented that most landowners do not like the work to be done in the summer, but it would make a nice job for a contractor. Don further commented it would be discussed if the project will be let so just one contractor would do the work, or it could be let into two (2) phases. Ella Lockwood asked if local contractors would do the work. Don commented since Miami County is involved, he would ask them if they have any contractors they would like us to invite along with our local contractors. Don further stated there are only a couple of contractors in our county that would bid on a project of this size, and there are a couple of contractors in Pulaski County that bid regularly on our projects. Don told the landowners if they had a contractor they would like us to invite, we could look at them. Gilbert Keller asked Greg Deeds if Miami County had any contractors. Greg responded there would be a couple contractors. Greg commented he presumed sealed bids would be taken. Don responded yes. Don stated his estimate for cleaning and dredging is approximately $126,000.00 plus some money for spraying. Carl Ault asked about the road crossing. Don stated it is on County Road 250 E, the big multiplate, it is set right on top and it is affecting everybody on the arms upstream because it is higher than the pipes on the arms. Don commented that the landowners on the Hannah DuBois Arm #2 are already on maintenance, and that drain will become part of the Lucenia Smith Open system. Don stated the landowners will be credited back in some fashion and that will be decided later at our regular Drainage Board meeting. Chairman, Roger Rose, asked for any further questions or comments. Carl Ault commented he would like to see both sides of the ditch cleaned. Ella Lockwood also agreed. After further discussion, Fulton County Surveyor, Don Towne, stated if we clean both sides it would take another year before the Board could review and possibly lower the rate. Vice Chairman, Greg Deeds, commented that the work is done out of the maintenance fund and the proposal was to collect for three (3) years and then the Board review and lower the rate, with doing both sides it will add another year before the review could be done. There was further discussion. Gilbert Keller asked what the policy was on spraying. Don responded the drain is looked at and if there is money in the fund, we put the drain on a two-year program. Gilbert Keller stated it would be smart if the farmer would do the spraying. Don stated we have had some requests, but not all landowners will do that. Carl Ault commented when Mud Creek was cleaned out, Miami County landowners did not pay anything. Fulton County Surveyor, Don Towne, stated a Joint Board was not formed at that time and it was not Miami Countys fault. After further discussion, Don stated no one upstream of the Nyona Lake or South Mud Lake dams are in the watershed. Mrs. Fall asked, When was the last year that this drain was cleaned out on the scale that is proposed today? Don replied the last time this was cleaned was in 1975 & 1976 and that was when Mud Creek was cleaned, but there will be more work done on it this time. Chairman, Roger Rose, commented that the letters of concern have been addressed. Fulton County Surveyor, Don Towne, commented yes, but there was a concern about the small tracts of ground. Drainage Board Secretary, Jean Cloud, commented William Livingston was in the office and he did not send a letter in, but was concerned that he was being assessed minimums on his small tracts and asked if they could be combined. Chairman, Roger Rose, asked, What has been our policy in past? Jean commented we have done it the past on some ditches. Jean stated she had included a map in the packet showing the layout of his parcels. Jean commented he is being charged a minimum on each of these parcels on Mud Creek assessment. After further discussion on this issue, Greg Deeds commented in their county if someone had three (3) or four (4) lots, we combine them into acreage and base the assessment on acreage. After brief discussion, Chairman, Roger Rose, asked the Board their opinion on this issue. Greg Deeds commented he looked through the assessment role and there would only be a couple of landowners that this would affect. Greg Deeds made a motion to apply the rule of combining parcels and assessment be based upon acreage with minimum being applied, whichever be the highest. Richard Powell seconded the motion. Motion carried four to zero. Chairman, Roger Rose, asked if there were any other questions or comments. Mrs. Fall asked about her property, which has a road and two (2) ditches running through the property, and asked if that is all considered as benefited acres on the assessment. Fulton County Surveyor, Don Towne, commented all the acres are included in the benefited acres for the assessment. There was brief discussion on this issue, and Don commented that the County Highway is assessed for the County Roads involved in this watershed. Greg Deeds commented that the County Highway would be responsible for the road crossing; it will come out of their funds. Fulton County Surveyor, Don Towne, stated at the big road crossing we would try and roll the pipe out and set in back in at original grade or correct grade. Mr. Fall stated he would be in favor of having both sides of the ditch cleaned. Fulton County Surveyor, Don Towne, commented that Larry Friedrich would also like to have both sides of the drain cleaned. Greg Deeds asked if there had been any resistance from conservation groups for cleaning both sides of the drain. Fulton County Surveyor, Don Towne, commented if it is a ten-mile ditch and DNR is involved with it from day one. Don further stated any ditch the landowners have requested cleaning both sides, we have done it. Being no further questions or comments, Chairman, Roger Rose, asked the Board for their decision on the project. Roger further commented there was a lot of landowner support for cleaning both sides of the drain, and that is a good policy in general. Richard Powell made a motion to establish the maintenance rate on the said drain with the two (2) different rates, eight dollars ($8.00) per benefited acre with an eight dollar ($8.00) minimum and thirteen dollar ($13.00) per benefited acre with a thirteen dollar ($13.00) minimum. Richard also stated that the watershed would be corrected, adding 39.14 benefited acres, which was a parcel missed, and removing 98.98 benefited acres to correct to parcels. Also included in the motion would be that both sides of the drain be brushed. Greg Deeds seconded the motion. Motion carried four to zero. Fulton County Surveyor, Don Towne, asked the Board how they wanted the job to be done. Richard Powell stated he would like to see one contractor do the project. Greg Deeds asked for the length of the entire project. Don commented it is approximately 34,500 feet. After further discussion, Drainage Board Secretary, asked the Miami County Drainage Board members if they wanted to be included in the bid letting. Greg Deeds and Gary Hawley commented that Fulton County could have the bid letting and then send them notices. There was further discussion on how to bid the project. Greg Deeds commented if he was a landowner he would prefer have one bid for the complete project. Roger Rose commented he liked that concept also. Richard Powell commented it could limit the number of bidders for the project. After further discussion on the bidding issue, the Board decided to bid the project both ways. Vice Chairman, Greg Deeds, commented that the work is being done in Fulton County and Miami County landowners are supplying part of the money for the project. Greg Deeds commented at their next Drainage Board meeting, they will discuss this issue and we will probably waive their rights to the bidding process and let Fulton County make that decision. Greg further commented a letter would be sent on this recommendation. Drainage Board Secretary, Jean Cloud, asked the Joint Board about the maintenance fund for the Hannah DuBois Arm #2 Open. Jean further commented that there is two thousand five hundred seventy-four dollars and fifty-two cents ($2,574.52) in the maintenance fund, which we will not be collecting on in the future, because it will be included in the Lucenia Smith Open System, and decided how the fund will be distributed back to the landowners affected. After brief discussion, Greg Deeds made a motion to accept the maintenance fund of the Hannah DuBois and those landowners of that drain be credited accordingly on the Lucenia Smith Open. The Fulton County Drainage board then will make the decision on how the fund will be distributed among the Hannah DuBois watershed landowners. Richard Powell seconded the motion. Motion carried four to zero. IT IS NOW ORDERED, by the Fulton County/Miami County Drainage Board that the Schedule of Assessment has been approved to establish the maintenance rate of the Lucenia Smith Open, Cause No. 1-2008J, #797; in Allen Township, Miami County, Indiana; and Rochester Township and Liberty Township; Fulton County, Indiana. The said Board orders that one notice be published in this cause of action promptly in the Rochester Sentinel, The Observer, and the Peru Tribune, news papers 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. Chairman, Roger Rose, entertained a motion to close the establishing a maintenance rate on the Lucenia Smith Open at 10:18 A.M. D.S.T. Gary Hawley made a motion to close the establishing a maintenance rate on the Lucenia Smith Open at 10:00 A.M. D.S.T. Richard Powell seconded the motion. Motion carried four to zero. Chairman, Roger Rose, entertained a motion to adjourn the meeting of the Fulton County/Miami County Drainage Board at 10:00 A.M. D.S.T. Gary Hawley made a motion to adjourn the meeting of the Fulton County/Miami County Drainage Board at 10:00 A.M. D.S.T. Motion carried four to zero. FULTON COUNTY/MIAMI COUNTY DRAINAGE BOARD _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Fulton County Surveyor ATTEST:_____________________________________________ Jean E. Cloud, Drainage Board Secretary FULTON COUNTY/MIAMI COUNTY JOINT DRAINAGE BOARD OCTOBER 14, 2008  PAGE 5 ==== =!=%=0JmHnHu0J j0JU*+,jk*XY 6 7 8 F G H DEJKp<$=pqBC%&,-qr\]Z[LMWXY  !C!D!4"5"""$$$$$%%#&$&&&2'3'''"(#((())))**>-?-----K.L.Q/Q/R/////!0"0r0s000|2}2C4D4558899;;;3;4;A<B<<<<<<<<<<<<<<<<<<<<<<===="=#=$=%=$a$$a$(&P1/ =!"#$% i8@8 NormalCJ_HaJmH sH tH <A@< Default Paragraph Font,@, Header  !, @, Footer  !&)@& Page Number%9b*+,jk*XY678FGH D E J K p q BC%&,-qr\]Z[LMWXYCD45 !!#"$"""2#3###"$#$$$%%%%&&>)?)))))K*L*Q+R+++++!,",r,s,,,|.}.C0D01144557773747A8B8888888888888888888889999"9&900000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000@0@0@0@@0 DDPPPS%=)p$Q/<%=*,-./0$=+DKMS!T}8>8#9&98>-o..8#9&9333 DWy} MSW\I+,JR03458+!-!""####J%R%&(+(..@888889999!9&9 qC:\Documents and Settings\jcloud.FULTONCOUNTY\Application Data\Microsoft\Word\AutoRecovery save of FCMC101408.asd qC:\Documents and Settings\jcloud.FULTONCOUNTY\Application Data\Microsoft\Word\AutoRecovery save of FCMC101408.asd qC:\Documents and Settings\jcloud.FULTONCOUNTY\Application Data\Microsoft\Word\AutoRecovery save of FCMC101408.asd H:\FCMC101408.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\FCMC101408.doc qC:\Documents and Settings\jcloud.FULTONCOUNTY\Application Data\Microsoft\Word\AutoRecovery save of FCMC101408.asd qC:\Documents and Settings\jcloud.FULTONCOUNTY\Application Data\Microsoft\Word\AutoRecovery save of FCMC101408.asd SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\FCMC101408.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\FCMC101408.doc SC:\Documents and Settings\jcloud.FULTONCOUNTY\Desktop\Drainage Board\FCMC101408.doc@P/P/XDP/P/%9@@UnknownGz Times New Roman5Symbol3& z Arial"qhʦJ,f8.c!20d92^The Fulton County/Miami County Joint Drainage Board met on Tuesday, October 14, 2008 at 9:00 A  Oh+'0 $0@ LX t  _The Fulton County/Miami County Joint Drainage Board met on Tuesday, October 14, 2008 at 9:00 Ahe  e e e Normalt rm3rmMicrosoft Word 9.0i@V@6@,>?8.՜.+,0H hp|  ' uc9 _The Fulton County/Miami County Joint Drainage Board met on Tuesday, October 14, 2008 at 9:00 A Title  !"#$%&'()*+,-./013456789:;<=>?@ACDEFGHIKLMNOPQTRoot Entry F XO?V1Table2WordDocument*bSummaryInformation(BDocumentSummaryInformation8JCompObjjObjectPool XO? 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