DRAINAGE BOARD
FEBRUARY 9, 2009
The Fulton County Drainage Board meet on Monday, February 9, 2009 at 9:00 A.M. E.S.T. in
the Commissioners/Council Room of the Fulton County Office Building Board members present
were Chairman, Roger D. Rose, Vice Chairman, Sherry S. Fulton and Board Member, 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 Ervin Stacy.
Chairman, Roger Rose, called the meeting to order at 9:10 A.M. E.S.T.
IN REF:
JANUARY 12, 2009 MINUTES
Chairman, Roger Rose, stated typographical corrections had been made to the minutes of
January 12th prior to today’s meeting. Chairman, Roger Rose, asked if there were any additions
or corrections to the January 12, 2009 minutes. Being no additions or corrections to the January
12, 2009 minutes, Chairman, Roger Rose, entertained a motion to approve the minutes as
presented. Sherry Fulton made a motion to approve the January 12, 2009 minutes as presented.
Stan Musgrave seconded the motion. Motion carried three to zero.
IN REF:
JOE LEASURE MAIN TILE
CAUSE NO. 5-1983 #577
DISCUSSION
Chairman, Roger Rose, stated Bruce Beehler is attendance. Roger asked Bruce Beehler what his
concerns are today.
Bruce Beehler commented a public hearing on said drain was held last year, and there was one
(1) positive vote and two (2) negative votes for the reconstruction. Bruce Beehler commented he
felt the two (2) negative votes misunderstood the criteria of the ditch. Bruce stated he would like
to have some sort of reconsideration or a new hearing for the ditch. Bruce further commented
for the importance for himself and his farm, he would like to have the Board look at this again.
Chairman, Roger Rose, asked Surveyor, Don Towne, to give the Board some background in
terms of having another hearing after having one the previous year, is there a time limit?
Fulton County Surveyor, Don Towne, commented there is no time limit, but any hearings done
in the past, we asked the landowner to carry another petition to bring the ditch forward.
Fulton County Surveyor, Don Towne, commented last year when the reconstruction hearing was
held, the proposed rate was three hundred dollars ($300.00) per benefited acre with a three
hundred dollar ($300.00) minimum.
Don further commented the tile is over a hundred years old and the proposed plan was to start at
the open ditch and replace the tile. Don commented that Bruce has a tile in the muck area, which
goes into a tank/pumping station then pumped into the main tile.
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FEBRUARY 9, 2009
Don also explained if the tile was reconstructed and put in lower, then Bruce would not have to
use his pump to get the water into the main tile, there would be natural drainage into the main
tile.
Don explained to the two (2) new Board members where the tile is located.
Don stated at the time of the hearing, the proposal was to put in a twenty-four (24) inch tile.
Chairman, Roger Rose, commented there were several objections from landowners in the
watershed to this proposal.
After further discussion, Surveyor, Don Towne, stated the original proposal was to reconstruct
the entire tile, which would have been approximately six hundred dollars ($600.00) per benefited
acre, but then decided to back off, and the hearing was to reconstruct the low end which would
get new tile up to Bruce’s area.
Chairman, Roger Rose, commented one of the other objections to the project was because of the
outlet of the tile. Don stated the outlet is ok, but the landowners felt there was a problem
because Indian Creek is not set up on maintenance, which is the outlet for the Leasure Open.
Chairman, Roger Rose, commented Indian Creek is in litigation at the present time, and that was
a significant factor because until Indian Creek was cleaned, the landowner’s perception was that
there would not be a good outlet.
Chairman, Roger Rose, explained the litigation on Indian Creek to the new Board members.
After further discussion, Bruce Beehler commented if we use this attitude of Indian Creek, the
petition did not include anything with Indian Creek. Bruce commented the petition was to
reconstruct the Joe Leasure Tile.
Bruce Beehler commented if you look at the Surveyor’s Report, it indicates that the Joe Leasure
Open is capable of taking the water from the tile ditch. Bruce Beehler commented the Indian
Creek is another project, and it is separate from the Joe Leasure.
Bruce Beehler stated it can be looked at as a domino effect, but each watershed must be looked
at individually.
Chairman, Roger Rose, commented that the Leasure Open is not a part of the Indian Creek.
Surveyor, Don Towne, commented the Leasure Open is set up on maintenance.
Chairman, Roger Rose, commented it is a “gray area”.
Bruce Beehler stated if the Leasure Tile is left the way it is, and we don’t do anything, then he is
being damaged by the water being collected in his retention pond, which he furnishes for the
neighbor’s water. Bruce commented he does not want any battles or any war; he just wants an
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FEBRUARY 9, 2009
outlet for the water out of his retention pond. Bruce stated the neighbors are happy the way
things are, because they have a way for water to get off their land. Bruce commented he stands
alone here, and it’s not fun to spend five hundred dollars ($500.00) an acre for a corn crop and
watch four (4) feet of water come over the top of it and wipe it out. Bruce commented his
expense is a great loss to him, while he still pays his maintenance money to maintain this tile,
which is currently approximately four hundred dollars ($400.00) a year. Bruce commented any
money spent to maintain the tile further compounds the problem for him because it drains more
water upstream down to his retention pond area, because the main tile is inadequate to carry the
water downstream. Bruce further commented that it takes up to ten (10) days to get the water
off of his land and by that time his crops are wiped out.
Bruce further commented he feels the two (2) negative votes at the hearing last year
misunderstood the reason they gave for their vote.
Bruce commented he is against paying on the Joe Leasure Open, because he cannot get his water
there. Bruce commented he needs help to get those waters down to the Leasure Open.
Bruce further commented this situation puts him in a hard ugly situation, and it is hard to keep a
decent attitude.
Chairman, Roger Rose, asked Bruce Beehler how many acres of his crop land is affected by this.
Bruce commented it varies, last year was one of the finest years he has had. Bruce further
commented in normal years he may have an estimated loss of ten (10) acres, and some years he
may lose the entire twenty (20) acres.
After further comments, Bruce further commented that twenty (20), thirty (30) years ago we did
not have as many feet of tile feeding the main tile, did not have the volume of water hitting the
tile like there is now.
Bruce also commented that he use to pump the water twenty (20) to thirty (30) years ago, but is
not able to pump all the water now, and especially into a full tile.
Bruce Beehler also commented he has always been for good farm drainage and has never denied
any money being spent to maintain the tile.
Bruce Beehler asked the Surveyor how the tile is classified at this time.
Fulton County Surveyor, Don Towne, commented he does not have the paper in front of him, but
feels it is classified to be reconstructed. Bruce stated if the tile is classified that way, then a
petition is not required.
Drainage Board Attorney, Greg Heller, commented a petition is needed to set up a drain on
maintenance, but does not feel it is necessary to have a petition for reconstruction. Greg
commented the Drainage Board could ask the Surveyor for a reconstruction report for a drain.
Greg also commented he does not see anything in the Statute of a time limit for setting another
hearing on a drain.
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Greg further commented once the Surveyor has furnished the Board a report for reconstruction, it
would be the Board’s discretion to determine if there had been enough change to warrant another
reconstruction hearing on the said drain.
Chairman, Roger Rose, stated he can recall the hearing very clearly, and the situation with Indian
Creek was the significant objection of the landowners to not proceed with the reconstruction of
the said drain.
After much further discussion, Chairman, Roger Rose, commented we are talking about
spending a lot of money to move the problem downstream.
Chairman, Roger Rose, commented that if we knew there was going to be some progress on
Indian Creek, then there would be reason to believe the situation would be better.
Chairman, Roger Rose, stated it is a gray area, and if we have another hearing, we will hear the
same argument that we did before from the landowners downstream.
Chairman, Roger Rose, stated we know what the landowner’s arguments are going to be and the
situation has not changed.
After further comments, Bruce Beehler, commented that every ditch has its own assessment, and
Bruce stated he feels the Board is trying to combine all of the ditches.
Chairman, Roger Rose, stating there is a relationship between all these ditches involved, and
every ditch has an outlet, and Roger commented the outlet for this ditch is in question in the
terms of whether there is a good outlet or not. Roger stated that is where the hearing ended up
last time, because the landowners felt without Indian Creek being cleaned that it would not
actually benefit them to have the tile replaced.
After much further discussion on this issue, Bruce Beehler commented he is just asking that the
Board look at the realistic existence of the problem.
Bruce Beehler commented before this Board would cast any negative approach to this issue
again, Bruce would like to personally request that this Board make a personal appearance and
view the situation. Bruce would like to ask to the Board to ask the Surveyor to reassess and
maybe take some pictures of this situation.
Chairman, Roger Rose, commented if the Board were to have another hearing on this drain, he
would strongly suggest that the Board go the area and inspect the situation, before proceeding.
Stan Musgrave commented from the situation he has heard today, he feels Bruce has made a very
compelling argument, and that the upstream water is accumulating on your property and there is
a fix for that as far as you are concerned because there is enough fall to get the water off your
property. Stan further commented he does not know about the cost benefits or the entire
drainage and if that will work out and if it is a realistic thing to make the fix.
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Stan commented he would be sympathetic to pursue this.
Sherry Fulton commented she is concerned that the water will settle downstream on another
landowner.
After further discussion, Sherry Fulton made a motion to direct the Surveyor to put together a
report and re-assess the situation and consider another hearing. Stan Musgrave seconded the
motion. Motion carried three to zero.
IN REF:
CHARLES TOWN TILE
CAUSE NO. 2-2008 #800
CONTINUED HEARING
CHARLES TOWN OPEN
CAUSE NO. 3-2008 #801
Landowner/Representative present: Ervin Stacy.
Chairman, Roger Rose, opened the continued hearing on the said drains. Roger further
commented that the hearing was continued from December 8.
Drainage Board Secretary, Jean Cloud, handed out a letter that was received from Bill Lewis,
Chad Lewis and Ty Lewis which was received after the December 8th hearing.
Chairman, Roger Rose, commented the issue at the December 8th hearing was the costs and
benefits of a hundred year old tile approaching the end of its useful life. Roger stated there were
overwhelming objections from the property owners to the project, because they would not
receive benefits and feels the drainage is adequate for current agriculture purposes.
Chairman, Roger Rose, stated there has been talk with the landfill, and the landfill has agreed to
consider bearing the full cost of the project.
Chairman, Roger Rose, further stated a contractual agreement will be drafted, and so the plan is
to continue the hearing to April. Roger stated the agreement should be completed by that time.
Chairman, Roger Rose, asked Mr. Stacy if he any questions.
Mr. Stacy asked if they wanted every one to pay maintenance. Mr. Stacy commented we use to
pay for the maintenance and then it was taken off.
Fulton County Surveyor, Don Towne, commented that was another ditch the landowners were
paying on, but it has reached the maximum of collection and has not been collected on for a
while.
After brief discussion, Drainage Board Secretary, Jean Cloud, explained to Mr. Stacy that he
would have received a proposal in the mail prior to the December hearing, stating was the
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proposed annual assessment. Jean further explained the Board continued the hearing on both the
tile and open to today, and now they will continue the hearing to April and the Board will make a
decision at that time.
Mr. Stacy commented he is not opposed to the assessment, as it will help everybody.
Being no further discussion, Chairman, Roger Rose, entertained a motion to continue this
hearing to April 13th at 9:30 A.M. D.S.T. Sherry Fulton made a motion to continue the hearing
on the Charles Town Tile and the Charles Town Open to Monday, April 13, 2009 at 9:30 A.M.
D.S.T. Stan Musgrave seconded the motion. Surveyor, Don Towne, asked if the meeting would
be advertised in the paper. Drainage Board Secretary, Jean Cloud, commented that letters would
be mailed to the landowners of the meeting time and date. Motion carried three to zero.
IN REF:
JUD L. HUDKINS OPEN
CAUSE NO. 5-1998
#733
UPDATE
Fulton County Surveyor, Don Towne, commented Bill Morris is working on the said drain and
things are not going real well. Don explained to the two (2) new Board members that the drain
is out on County Road 100 South, east of County Road 600 West where the road gave away last
year. Don further explained the ditch is being moved away from the road and filling in the area
along the road. Don further explained the whole problem is Bill started doing work and IMI was
not ready. Don further commented they were to work together on this project. Don commented
there was a time frame where there was so much frost in the ground that Bill was limited as to
what he could do on the ditch. Don commented the work looks like it is a poor job, but once the
frost leaves; they will get in there and do it right.
Stan Musgrave asked, “What role does IMI have in this project?” Don responded that IMI
stated there is a gray area, but feel IMI was part of the problem for losing the ditch and the road.
Don stated IMI is doing good PR and is working well with us on the project.
Stan asked if we are paying IMI. Don further explained that IMI filled in the old ditch and there
was no cost involved. The work that is being done downstream to clean up the ditch and pulling
the banks, IMI will give the County five (5) to six thousand dollars ($6,000.00) in material. Don
stated he has talked with the County Highway and this will be worked out among us.
IN REF:
WILLIAM GRAHAM OPEN
CAUSE NO. 4-1972
#545
UPDATE ON BID WORK
Fulton County Surveyor, Don Towne, told the Board that contractor, Henry Smith, has the said
drain completed, except for the leveling.
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FEBRUARY 9, 2009
IN REF:
MUD CREEK
CAUSE NO. 10-1980 #723
WORK TO BE DONE
Fulton County Surveyor, Don Towne, explained that the upper end of Mud Creek starts at the
Nyona Lake Dam and South Mud Lake Dam. Don further explained that immediately
downstream from the Nyona Lake Dam with the January and February rain events that occurred
last year has caused the banks to slide in bad. Don explained he contacted contractor, Kirk
Ingram, to go out and put fifteen (15) loads of riprap in that area to protect that area.
Fulton County Surveyor, Don Towne, commented that he had talked with Chairman, Roger
Rose, about this situation prior to doing the work. Don further explained that the work needed to
be done while the ground was frozen in order to get the trucks back in the area.
Fulton County Surveyor, Don Towne, commented that the riprap would be paid for out of the
maintenance fund for Mud Creek.
IN REF:
STEPHEN BRUCE OPEN & TILE
CAUSE NO. 6-1967 #519
BIDS RECEIVED: WORK
AWARDED
FOUTS OPEN
CAUSE NO. 9-1998 #754
Fulton County Surveyor, Don Towne, commented he had to two (2) bids for work to be done on
both drains. Don commented the Stephen Bruce Open drains into Bruce Lake, and the Fouts
Open drains into Nyona Lake.
Fulton County Surveyor, Don Towne, commented he went DNR and the ditches must be cleaned
as a one step removal. Don explained IDEM has declared the ground adjacent to the property as
a wetland, so the spoil must not hit the ground. The spoil must be put in trucks and hauled
upstream.
Fulton County Surveyor, Don Towne, stated one contractor has track trucks and the other
contractor has access to a track truck. Don stated the two (2) contractors have not done any work
for us in the past. The one contractor is Larry Phillips who was awarded the Mill Creek and Fry
Arm at last month’s meeting. The other contractor is Sean Gudas, and his dad; Eric Gudas owns
ground around the said drain.
Drainage Board Secretary, Jean Cloud commented there is no Surveyor’s Estimate on the
projects, but the completion date is April 1, 2009 for both projects.
STEPHEN BRUCE OPEN
CONTRACTOR
LUMP SUM
LDP Excavating
Gudas Excavating
$7,505.00
$4,475.00
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DRAINAGE BOARD
FEBRUARY 9, 2009
Chairman, Roger Rose, entertained a motion to award the Stephen Bruce Open to the low bidder,
Gudas Excavating. Sherry Fulton made a motion to award the Stephen Bruce Open, Cause No.
6-1967, #519 in Union Township; to Gudas Excavating for their total bid of four thousand four
hundred seventy-five dollars ($4,475.00); and being low bid. Stan Musgrave seconded the
motion. Motion carried three to zero.
FOUTS OPEN
CONTRACTOR
LUMP SUM
LDP Excavating
Gudas Excavating
$6,850.00
$4,266.00
Chairman, Roger Rose, entertained a motion to award the Fouts Open to the low bidder, Gudas
Excavating. Sherry Fulton made a motion to award the Fouts Open, Cause No. 9-1998, #754 in
Liberty Township; to Gudas Excavating for their total bid of four thousand two hundred sixty-six
dollars ($4,266.00); and being low bid. Stan Musgrave seconded the motion. Motion carried
three to zero.
IN REF:
LUCENIA SMITH OPEN
CAUSE NO. 1-2008J #797
CERTIFY TO AUDITOR
The undersigned of the Fulton County Drainage Board do hereby certify the assessment for
maintenance 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 collected by the County Treasurer.
Such assessment to be first collected during the year 2009, and thereafter as required by law.
IN REF:
CHARLES TOWN TILE
CAUSE NO. 2-2008 #800
AGREEMENT
Chairman, Roger Rose, asked Drainage Board Attorney, Greg Heller, when he would have the
agreement ready to review. Greg responded he hoped to have it done by the March Drainage
Board meeting.
After brief discussion, Greg commented the Board could refer Roger to handle the negotiation on
the contract. Greg commented he would try and get something worked up in a week, and then
Roger can review it at that time.
Being no further business to come before the Board, Chairman, Roger Rose, entertained a
motion to adjourn the Drainage Board meeting at 10:35 A.M. E.S.T. Sherry Fulton made a
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DRAINAGE BOARD
FEBRUARY 9, 2009
motion to adjourn the Drainage Board meeting at 10:35 A.M. E.S.T. Stan Musgrave seconded
the motion. Motion carried three to zero.
MAINTENANCE:
Overmyer Excavating LLC
Widner & Sons Excavating
Widner & Sons Excavating
Miami Logistics LLC
Treasurer of Pulaski County
Treasurer of Miami County
Treasurer of Marshall County
Treasurer of Kosciusko County
Treasurer of Cass County
CLAIMS:
Mud Creek #723
Allen & Coplen Tile #690
Allen & Coplen Tile #690
Mud Creek #723
2008 Collections
2008 Collections
2008 Collections
2008 Collections
2008 Collections
Board Members
Attorney
Clerical
Rochester Sentinel
The Observer
Rochester Telephone Co.
Jean E. Cloud (Reimbursement)
$ 183.00
$ 672.41
$1,837.36
$ 36.38
$ 39.69
$ 23.20
$ 15.29
FULTON COUNTY DRAINAGE BOARD
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Surveyor
ATTEST:_________________________________
Jean E. Cloud, Drainage Board Secretary
9
$10,000.00
$ 1,182.04
$15,342.50
$ 4,434.25
$ 9,079.14
$ 1,937.72
$ 237.26
$ 2,382.10
$ 1,212.52
DRAINAGE BOARD
FEBRUARY 9, 2009
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