DRAINAGE BOARD
JULY 12, 2010
The Fulton County Drainage Board meeting was held on Monday, July 12, 2010 at 9:00 A.M. D.S.T. in
the Commissioner/Council Room. The following were present: Chairman, Roger Rose; Vice
Chairperson, Sherry Fulton, Board Member, Stanley Musgrave; Fulton County Surveyor, Don Towne;
Assistant Surveyor, Tom Chudzynski; Drainage Board Secretary, Jean Cloud; Drainage Board Attorney,
Greg Heller; Robert and Nancy Wilburn; and Terry Lee, FEDCO Director.
It is duly noted Surveyor, Don Towne left prior to the adjournment of the AW & AH Good Hearing.
Chairman, Roger Rose, called the meeting to order at 9:10 A.M. D.S.T.
Chairman, Roger Rose, asked for any additions or corrections to the June 14, 2010 minutes. Being no
additions or corrections, Sherry Fulton made a motion to approve the June 14, 2010 minutes as presented.
Stanley Musgrave seconded the motion. Motion carried three to zero.
IN REF:
SS COLLINS
CAUSE NO. 2-2010 #806
REQUEST TO CONSTRUCT POND
WITHIN RIGHT OF WAY OF DITCH
Fulton County Surveyor, Don Towne, stated Sean Gudas is proposing to construct a quarter acre pond on
his property. The pond will be approximately fifty feet (50’) from the Collins ditch, which is a county
drain of record, which is currently not set up on maintenance.
The Surveyor sees no problem with the plans of constructing the pond within the right of way of said
ditch, no closer than fifty foot (50’). There will be an eight (8) inch or ten (10) inch overflow to the
Collins ditch.
After further discussion, Chairman, Roger Rose, entertained a motion to allow Sean Gudas to encroach
twenty-five (25) feet within the SS Collins ditch right of way. Sherry Fulton made a motion to allow
Sean Gudas to encroach twenty-five (25) feet within the SS Collins ditch right of way. Stanley Musgrave
seconded the motion. Motion carried three to zero.
Drainage Board Attorney, Greg Heller, asked Drainage Board Secretary, Jean Cloud to send a written
consent to the landowner allowing the encroachment in the right of way.
IN REF:
JOSEPH LEASURE TILE
CAUSE NO. 5-1983 #577
UPDATE ON RECONSTRUCTION
Fulton County Surveyor, Don Towne, reported Ingram will be starting the project today and the road cut
on State Road 17 will be done on Monday, July 19, and the State Road will be closed for approximately
three (3) days. The work on the State Road is being done according to the State’s specifications, and the
Drainage Board will pay the contractor and the State will reimburse the Drainage Board.
A permit was obtained to the do the work, and Mark Kelly is the contact person at INDOT at Monticello.
1
DRAINAGE BOARD
JULY 12, 2010
IN REF:
BRYANT LEININGER SYSTEM
CAUSE NO. 3-1993J #708
LANDOWNER INQUIRY
Robert Wilburn commented they have a tile on their farm on the County Line, located in Fulton County
between County Road 200 N and 300 N. Bob explained the upstream side of the tile is to the east of
County Road 900 and runs under County Road 900 E going in a southwesterly direction, and believes it
outlets into the Bryant Leininger ditch. Mr. Wilburn asked if tile is under maintenance.
Fulton County Surveyor, Don Towne, stated the tile was repaired on the Stafford farm a few times.
Mr. Wilburn commented additional tile was installed on the Koscuisko County side and understands it
drains into this tile.
After brief discussion, Mr. Wilburn asked if there was money in the maintenance fund.
Don Towne commented it is the Bryant Leininger System and several of the tiles and open ditches in the
area are included in the maintenance.
Drainage Board Secretary, Jean Cloud, commented there is $38,415.55 in the maintenance fund.
IN REF:
PROPOSED GUIDELINES
FOR STORM DRAINAGE
DISCUSSION
Chairman, Roger Rose, commented Assistant Surveyor, Tom Chudzynski, presented the proposed
guidelines for Storm Drainage at the last Board meeting.
Tom Chudzynski commented he did research and it stated it could be set up as a Policy Statement or an
Ordinance.
Tom commented they would primarily like to have a handout to give to people for a general guideline.
There was further discussion on this issue and no action was taken at this time, but the consensus of the
Board was the Surveyor office could use the Storm Drainage as a guideline to handout to landowners as
requested.
Chairman, Roger Rose, called for a recess at 9:30 A.M. D.S.T.
Chairman, Roger Rose, called the meeting back to order at 10:05 A.M. D.S.T.
2
DRAINAGE BOARD
JULY 12, 2010
IN REF:
L N BAIR OPEN
CAUSE NO. 1-1970 #507
HEARING PUBLISHED:
ORDER MADE
Chairman, Roger Rose, opened the said hearing at 10:05 A.M. D.S.T.
Landowners/Representatives present: Robert and Nancy Wilburn; Terry Lee, FEDCO Director; Dave
Clauson; Joe Beyers; Jim and Pam Eikenberry; Jeff and Wendy Zent; Wallace Dove; Dennis Barkman;
Tim Goode; Glen Smith; Nedra Wilson; W. Earl Gaerte; Shirley Needham; Bob Ulerick; Randy Hardesty;
Chuck and Donna Williams; W. Todd Hudkins; Terri Johnson; and Lois Ulerick.
Purpose of the Hearing: Reconstruction and increase maintenance rate
Landowner letters mailed on June 2
Legal Publication was July 1
Watershed: 1510.49 benefited acres
Parcels: 140
Landowners: 107
Proposed Reconstruction Rate: $25.00 per benefited acre/$25.00 Minimum
Present Maintenance Rate: $.90 per benefited acre/$5.00 Minimum
Proposed Maintenance Rate: $3.00 per benefited acre/$10.00 Minimum
Surveyor’s Report:
The proposed plan is to start the work north of County Road 300 N a few hundred feet. The work will
continue southeast to the end of the open ditch. There are three (3) private crossings that will need to be
lowered and the railroad crossing also needs lowered, in order for the open to drain properly.
Surveyor, Don Towne, commented the estimated cost to the do the project would be approximately
$45,000.00 and $10,000. 00 of FEDCO money is being applied to the project, so approximately
$35,000.00 is being passed on to the landowners.
Don further explained the project is considered a reconstruction, because approximately three feet (3’)
will be taken out north of the railroad, and the upstream will have approximately four and a half feet (4
½’) taken out.
The Good tile drains into the open upstream, and the Wagoner Schuler drains into the system at the very
upper end. The work will also benefit future work on the Wagoner Schuler.
After brief discussion, Chairman, Roger Rose, opened the floor for public comments.
Don Towne commented the plans for the open ditch has not changed since 2003.
Jim Eikenberry: Why is this necessary all of sudden?
Don Towne responded: The Good Tile and Wagoner Schuler Tile drains into this open ditch, so that is the
reason the open needs to be dug deeper. The open is cleaned from the railroad to the upper end quite
frequently, because it is so flat.
3
DRAINAGE BOARD
JULY 12, 2010
Don further commented there is a proposal to reconstruct the Good Tile.
Bob Wilburn: In the Drainage Board minutes of May 10th there was no mention of the Wagoner Schuler
tile. Bob further commented that the L N Bair hearing is prior to the AW & AH Good tile hearing and
assume the Board will revisit the L N Bair if the Good Tile is not approved.
Don Towne responded: The Board will not make a decision until after the Good Tile hearing.
Bob Wilburn commented he is addressing the Board, as Don is a non-voting member.
After brief discussion, Chairman, Roger Rose, commented the Board would not make a decision until
after the Good Tile hearing, and the proper procedure is to have the outlet hearing first.
Bob Wilburn: There is confusion as to what work is going to be done on the L N Bair. The minutes of
May 10th, June 22nd Surveyor Reconstruction Report and the LN Bair Open plans on file in the Surveyor’s
office are all different, the work needs to be clarified. The Surveyor has made an attempt to clarify the
work.
Bob addressed the following questions to Board member, Sherry Fulton, because Sherry had made the
motion to move the project forward and set a hearing.
What is the total cost of the construction project?
Sherry responded: $45,000.00 as stated by the Surveyor, and FEDCO has put in $10,000.00, so
$35,000.00 to the landowners.
Bob asked if this pledge is verbal or in writing. Chairman, Roger Rose, commented the Commissioners
have been told by FEDCO.
Bob Wilburn asked if the Board had been provided with the breakdown of the cost of the project.
Sherry commented the fall on the ditch needs to be made better, and the Surveyor can give the specifics.
Chairman, Roger Rose, explained the Board’s job is to set policy, and the technical expertise is provided
by the Surveyor.
Bob Wilburn commented the code makes certain statements and the Surveyor is a non-voting member and
will not be liable afterwards, but the Board will be liable for their decision.
Bob Wilburn thanked the Board for their public service and stated he is here to represent the taxpayer and
landowner and also to protect them. Bob commented the taxpayer and landowner are theoretically paying
the Board for their time being here. Bob further commented he is a detailed person and he is not directly
attacking any one person in this meeting.
Bob further commented this meeting is about procedures and landowners and taxpayer’s rights.
Sherry commented she does understand ditch assessments, and the cost is based on cost per foot.
4
DRAINAGE BOARD
JULY 12, 2010
The estimate is supported by the plan drawn up by the Surveyor.
Bob Wilburn: Is the railroad owner paying half the cost of the pipe work at the railroad crossing?
Bob commented this was not mentioned in the previous itemized documents.
Sherry stated State Statute requires the landowner to pay half.
Bob Wilburn: What is the estimated cost of the railroad crossing pipe work?
Sherry Fulton responded: We rely on the Surveyor to give us the numbers and breakdowns on everything.
Bob Wilburn commented maybe you are not getting all the numbers, prior to your vote.
Chairman, Roger Rose, commented they are told what needs to be known in making our decision. Roger
further commented they are decision makers on policy. If there are any questions, we go to the Surveyor,
same as the landowner.
After brief discussion, Bob Wilburn commented that none of the plans state what portion of that cost is
going to be paid by the railroad.
Bob Wilburn asked if the railroad crossing cost was subtracted from the cost like the FEDCO amount in
the landowner notices.
Chairman, Roger Rose, commented that FEDCO is a special assessment. and we are accountable for that,
because FEDCO money is under the control of elected officials.
After brief discussion, Sherry Fulton commented they have the plans and their decision is based on the
plans and the knowledge the Surveyor gives them.
Bob Wilburn further commented that he would like to see a separate bid for the work being done at the
railroad.
Terry Lee asked if the estimates are preliminary, not by a contractor.
Don Towne responded they are his estimate and are usually high.
Chairman, Roger Rose, commented that most of the bids have been coming in under the Surveyor’s
estimate.
Jim Eikenberry asked if this is normal for FEDCO to help on a project, or what is their interest?
Chairman, Roger Rose, stated FEDCO wanted to make this project more feasible for the landowners.
Roger further stated between the two (2) projects, FEDCO is putting up $150,000.00.
5
DRAINAGE BOARD
JULY 12, 2010
Shirley Needham commented she has always understood that the purpose of the Drainage Board is to
benefit the farmers. It was to drain the land so that the land could be farmed. Shirley commented when
she received the notice, she thought the land upstream was wet.
Shirley asked, “What is the purpose of this project, because she does not hear farmers complaining?”
Chairman, Roger Rose, stated the purpose is to provide drainage within the watershed.
Shirley asked who is complaining and is there farm ground flooding upstream.
Chairman, Roger Rose, referred the question to the Surveyor.
Don Towne responded there is farm ground that is very low and wet, Dr. Hoff’s and farm ground adjacent
to Victory Garden.
Don further commented there is an old county tile in the area that does not work.
Shirley asked again if someone is complaining. Don Towne responded he has a petition from
landowners.
Shirley asked if they were landowners in Victory Garden. Don responded some of them. Shirley
proceeded to ask if the landowners in Victory Garden had water in their basements. Don replied some of
them. Shirley also asked, “Does it not state clearly on their surveys they were not to have basements?”
Don responded it is written on the plat of the subdivision.
Shirley commented because people put basements in, then the people downstream have to pay.
Don commented the county tile is bad, because the outlet of the tile cannot be found at the LN Bair Open.
After brief discussion, Don Towne commented a hearing was held in 2003 and the Board turned it down;
then in 2008 a petition was brought in and was not brought before the Board at that time because we tried
to get stimulus money. We did not get the stimulus money, so we are bringing it through now.
Wallace Dove commented he lives at Victory Garden, and was told that farmers had filled in those
ditches.
Tim Goode stated he feels this project is going to benefit the landowners at Victory Garden and this dirt
ready project that FEDCO is undertaking and asked to be corrected if this is not right.
Chairman, Roger Rose, stated it will benefit everyone in the watershed.
After brief discussion, Chairman, Roger Rose, commented this is typical for the people on the low end of
the project to feel they do not benefit from the project.
After further discussion, Terry Lee, FEDCO Director, commented he had a site request for an auto
assembly, but does not have the infrastructure to offer.
6
DRAINAGE BOARD
JULY 12, 2010
There was further discussion on roads, railroads and industry coming into Rochester.
There was discussion about the County having a Long Range Plan on County Drains.
Don Towne explained the County Drains are classified according to maintenance, reconstruction or to be
abandoned and whether the drain is on maintenance or not.
Bob Wilburn commented the drains are to be set up according to priority of work.
Don Towne commented the Statute reads that way, but some Counties have one assessment for ditches,
but in our County each ditch stands on its own.
Drainage Board Attorney, Greg Heller, commented the County does have a Long Range Plan, and it is
brought up to date on annual basis and brought before the Board.
After further discussion, Bob Wilburn commented if the project goes forward he would challenge the
issue.
Nancy Wilburn asked if the FEDCO money is in an escrow account.
Terry Lee commented that FEDCO has the money, but it is not all ear marked for this project. The money
is in the Community Investment Fund.
There was further discussion.
Shirley Needham made further comments and asked if there were any farmers complaining about the Bair
Open.
Don Towne responded, “No”, then commented that Hank Riffle and Slisher farms ground adjacent to the
open and complained about the tiles not draining.
After further discussion, Terry Lee asked if the rates on the Bair are set up on use, such as agricultural,
residential and commercial.
Don Towne responded there are no tier rates on the L N Bair, just one rate.
Jeff Zent, representing the railroad, was told he will be assessed $16,000.00 and asked why the amount
was not on the notice he received.
Don Towne commented the FEDCO assessment and the railroad crossing cost, which is half the cost
owed by the landowner, were not included on the landowner notices.
Jeff Zent commented had the notice said $16,000.00, he would have probably sent a letter of objection,
and he commented he is not against progress, but does not feel the railroad crossing needs to be lowered.
Jeff commented the bulk of the project is for FEDCO.
7
DRAINAGE BOARD
JULY 12, 2010
Roger Rose commented the project is about drainage in the watershed, and FEDCO initiated with a
pledge of some money to make it more economical.
Jeff further commented he understands the work is being done in order to reconstruct the Good Tile.
Jeff further commented he does not feel the open needs to be lowered in order run a tile to State Road 25.
After further discussion, Don Towne commented the problem is on the Hoff farm and Victory Garden,
and in 2003 FEDCO was against the project.
Jeff further commented his other concern is putting in bigger tiles for industry, which is the same problem
on Minnow Creek, and there is no money to take care of the drain. Jeff asked if there will be money to
clean the ditch in the future when needed.
Roger commented that is the purpose of increasing the maintenance rate, and whoever owns the ground in
the industrial park will be paying an assessment.
Terry Lee commented the $150,000.00 is to keep the project moving forward, as he understands the
project has been on the agenda for about ten (10) years.
After much further discussion, Bob Wilburn commented he is not against the project, just wants fairness.
There was discussion about the railroad crossing and private crossings.
Roger also commented the plans for this project were approved and stamped by an engineer.
After brief discussion, Bob Wilburn feels it is a conflict of interest with Roger Rose serving on the
FEDCO Board.
Glenn Smith commented we are here to talk about a ditch, and the ditch needed to be fixed for the last
twenty-five (25) years ago.
After further discussion, Drainage Board Attorney, Greg Heller, commented the Board can proceed with a
decision or adjourn to a date certain. Greg also commented the Board can vote on the proposed rate or
amend the rate.
Being no further discussion, Chairman, Roger Rose, entertained a motion to adjourn the hearing and
continue after the conclusion of the AW & AH Good Tile Reconstruction and Maintenance Rate hearing.
Sherry Fulton made the motion to adjourn the hearing and continue after the conclusion of the AW & AH
Good Tile Reconstruction and Maintenance Rate hearing. Stanely Musgrave seconded the motion.
Motion carried three to zero.
8
DRAINAGE BOARD
JULY 12, 2010
IN REF:
AW & AH GOOD TILE
CAUSE NO. 3-2010 #787
HEARING PUBLISHED:
ORDER MADE
Chairman, Roger Rose, opened the Reconstruction and Establish a Maintenance Rate for the said drain at
11:50 A.M. D.S.T.
Landowners/Representatives present: Robert and Nancy Wilburn; Terry Lee, FEDCO Director; Dave
Clauson; Joe Beyers; Jim and Pam Eikenberry; Jeff and Wendy Zent; Wallace Dove; Dennis Barkman;
Tim Goode; Glen Smith; Nedra Wilson; W. Earl Gaerte; Shirley Needham; Bob Ulerick; Randy Hardesty;
Chuck and Donna Williams; W. Todd Hudkins; Terri Johnson; and Lois Ulerick.
Purpose of Hearing: Reconstruction and Establish a Maintenance Rate
Landowners Letter Mailed on June 6
Legal Notice Published on July 1
Watershed: 239 Acres
Parcels:39
Landowners: 32
Proposed Reconstruction Rate:
Commercial
Light Commerical/ Farm + Commercial Potentional
Farm
Residential East of Petty Drive
Residential West of Petty Drive
$ 700.00 per benefited acre
$ 500.00 per benefited acre
$ 350.00 per benefited acre
$1700.00 per lot
$ 850.00 per lot
Proposed Maintenance Rate
Commerical
Light Commerical Farm + Commercial Potentional
Farm
Residential East of Petty Drive
Residential East of Petty Drive
$6.00 per benefit acre/$10.00 minimum
$3.00 per benefited acre/$10.00 Minimum
$3.00 per benefited acre/$10.00 Minimum
$10.00 per lot/$10.00 Minimum
$10.00 per lot/$10.00 Minimum
Surveyor Report:
The outlet of the old existing tile cannot be found at the open drain.
The existing tile goes through a lot of trees at the railroad.
The proposal is to replace the old existing tile with a twenty-four (24) inch tile from the open ditch up to
just south of County Road 200 N and run an eighteen (18) inch tile through the Blacketor area, and a
fifteen (15) inch tile on up to State Road 25.
The proposal is to follow the old route of the existing tile through Dr. Hoff’s farm and by Victory Garden.
The proposed outlet for the tile is east of the railroad. The old existing outlet is west of the railroad.
Chairman, Roger Rose, asked Surveyor, Don Towne, to explain how he developed the rate schedule.
9
DRAINAGE BOARD
JULY 12, 2010
Mabel Blacketor north line projected to the highway, which is off the Williams property line down to the
south to almost Fort Wayne Road is Commercial-$700.00/benefited acre; the ground north is between
Commercial and Farm-$500.00/benefited acre; Victory Garden – east side of Petty Drive -$1700.00 a lot;
Victory Garden – west side of Drive - $850.00 a lot; and everybody else from County Road 200 N is
handled as farm ground at $350.00 an acre.
Total cost of the project is estimated at $261,000.00 and apply $116,000.00 from FEDCO, leaving
$245,000.00. The $24,000.00 left to be applied to the project.
Bob Wilburn asked the Surveyor what the present use of the ground is that was added into the watershed.
Don responded, “Half farm ground and other half has ball diamonds, future church site, and Hardesty’s.
There was discussion the area is mainly grass area, which does not create a water problem.
Bob referred to the Surveyor’s June 22 reconstruction/maintenance report, and commented the
assessments were based upon proposed land use.
Bob referred to IC 36-9-27-50 & 112, and commented these codes do not cover the proposal made.
Don commented the overall picture was considered when figuring the equation, and not saying it is right,
but that was the way he did it.
Bob feels the proposed rates were not figured correctly according to code.
Don commented the Board approved the proposed rates.
After brief discussion, Chairman, Roger Rose commented once utilities and services are extended into an
area, the potential area is changed for potential development.
Nancy Wilburn asked, “What utilities?” Chairman, Roger Rose, commented the proposed sewer project
will be put into the Blacketor area.
Chairman, Roger Rose, also commented the closer the property is to city utilities and more infrastructure,
there is more potential for development.
There was further discussion on this issue.
Glenn Smith asked for explanation on what Wilburn is talking about being moved from one ditch to
another.
Don Towne explained that the existing Good Tile stops on Mabel Blacketor’s low ground. The proposal
is to extend the tile up to State Road 25, which is on the south side of Wilburn’s property. Don further
explained for future development, the retention/detention areas can drain into the tile.
10
DRAINAGE BOARD
JULY 12, 2010
Don further explained currently Wilburn’s property and some of the William’s property, and the Hardesty
property, some the ball diamonds and the church currently drain east into the Wagoner Schuler watershed.
Chairman, Roger Rose, commented the extension of the Good Tile, changes the watershed.
After further discussion, Don commented if the Bair Open is not reconstructed, then there is no point to
reconstruct the Good Tile.
After further comments from Bob Wilburn, he stated he is not against the Bair project, but is against what
FEDCO is trying to do, and this is covered under IC 36-9-27-75.
Bob Wilburn commented the tile should be replaced with whatever will take care of the watershed. Bob
further commented if FEDCO wants to continue with the Industrial plan, then they could buy the land and
pay their fair share over and above the cost of replacing the existing ag tile.
Chairman, Roger Rose, commented FEDCO does not own any of the property at present; they are giving
the money as a gift to help the people in the watershed.
Charles Williams commented his property has no water problems, and he would like to see a study done
on the tile size that is proposed to be installed. Mr. Williams commented he would like to see the town
progress and asks if FEDCO would be willing to put up more money for the project. Mr. Williams
further commented he feels the cost is excessive, because he will not benefit from it. Mr. Williams
commented when the tile is put in, it will probably take part of his ground.
Don Towne commented the tile is not on Mr. Williams property, it will be put in south of his property.
Glenn Smith asked about maintenance fees on tile, and why do we wait until it cost thousands of dollars
to fix.
Don Towne explained hearings must be held in order to set drains up on maintenance.
Chairman, Roger Rose, commented limitations are set by Statute for drains on maintenance. Maintenance
assessments are collected until there is four (4) times the annual assessment in the fund.
There was further discussion on all drains should be set up on maintenance.
After further discussion, Don Towne, commented an Engineer has approved the Good Tile sizes. Don
further commented if any development in the future, they would be required to put in detention areas.
Stan Musgrave asked Terry Lee if FEDCO could put more money into the project.
Terry Lee commented this would be up to the FEDCO Board, and commented he would need more
information before presenting it to his Board.
Terry commented he would need the specifics of the assessment to land in the watershed.
11
DRAINAGE BOARD
JULY 12, 2010
Joe Beyers commented he lives in Victory Garden and does not have a water problem. Mr. Beyers further
commented there is a water issue there, and it needs to be addressed.
There was discussion on the numbers on the letters were not correct.
Chairman, Roger Rose, commented the Drainage Board Secretary, Jean Cloud, stated the original letters
had percentages figured on total acres instead of total cost, so revised letters had been sent out reflecting
the correct percentage.
There was further discussion.
Randall Hardesty commented it was generous of FEDCO, and is there other federal grant money or
stimulus money available for the project.
Chairman, Roger Rose, commented this is very unusual to have any outside money. Roger commented
on this particular project, we did not qualify for a grant, because we did not meet the requirement for the
low-moderate income study.
Bob Ulerick commented the work needs to be done; the longer we wait the more it will cost.
After further discussion, Chairman, Roger Rose, asked for further public comment.
Being no further public comment, the Drainage Board discussed the issue among themselves.
Stan Musgrave commented he was interested in Terry Lee’s response about FEDCO doing more if they
were convinced there were inequities in the way it is being done. Stan also commented he has concern
about how the church and sports complex is going to pay for their assessments.
After further comments by Stan, he concluded to say he would like to see the project move forward and
there has been deterioration in the community’s industrial base since he moved here forty-five (45) years
ago and would like to see this come back around and feels he is sitting in a position where he could start
to do something about that. Stan commented he would like to be fair as possible in order to do that.
Sherry Fulton asked the Surveyor if there was any room to adjust the proposed reconstruction rate.
Don Towne responded the $24,000 from FEDCO is not figured in the cost.
Bob Wilburn requested the attorney make a statement to the Board under what section of the code
specifically the Board is allowed to assess the project by varying rates.
Drainage Board Attorney, Greg Heller, stated Section 112 lays out all the different criteria that the Board
can look at in determining what the rates are and how to manage them.
Greg further commented that this issue always comes up in a hearing on the distribution and percentages.
Greg further gave his interpretation of the Statute referring to proposed use.
12
DRAINAGE BOARD
JULY 12, 2010
After much discussion among the Board members, Chairman, Roger Rose, called for a short recess at
around 1:45 P.M. D.S.T.
Chairman, Roger Rose, called the hearing back to order at approximately 2:07 A.M. D.S.T.
Chairman, Roger Rose, stated the Board feels additional information is needed before a final decision can
be made.
Chairman, Roger Rose, commented the Board has decided to continue the hearing on the AW & AH
Good Tile in order to obtain additional information, which will be pertinent in order to make a final
decision.
Bob Wilburn asked if notices would be sent out to landowners as to the continued date. Drainage Board
Attorney, Greg Heller, commented the adjournment can be made today with a certain date. Bob Wilburn
feels everyone in the watershed should be notified. Greg commented that is the reason for adjourning and
setting a certain date for the continued hearing so the landowners have the notification.
Chairman, Roger Rose, entertained a motion to adjourn the AW & AH Good Tile hearing and reconvene
the hearing on Monday, September 13, 2010 at 9:30 A.M. D.S.T. in order to obtain additional
information. Sherry Fulton made a motion to adjourn the AW & AH Good Tile Hearing and reconvene
the hearing on Monday, September 13, 2010 at 9:30 A.M. D.S.T. in order to obtain additional
information. Drainage Board Secretary, Jean Cloud, commented on the recommendation of the Board,
she could mail post card notices to the landowners. The Board gave the Secretary their consensus to send
out notification to the landowners. Stan Musgrave seconded the motion. Stan asked if there is a list of
specific things we need to do. Roger commented, with consultation with the Surveyor, we will need to
draft a list of specifics. Bob Wilburn asked the Board if they would entertain quotes, if he would get
outside quotes for the projects. Mr. Wilburn commented he knows the Board cannot advertise for quotes
until after the Board has made their final decision for the reconstruction. Drainage Board Attorney, Greg
Heller, commented that is exactly right, but if you would like to submit something in writing to the Board
as additional evidence, you can certainly do that before the next hearing. Chairman, Roger Rose,
commented if there are better solutions, we are willing to listen. Being no further discussion, motion
carried three to zero.
Chairman, Roger Rose, reconvened the L.N. Bair hearing, and entertained a motion to adjourn the hearing
on the L N Bair to Monday, September 13, 2010 at 9:45 A.M. D.S.T. in order to obtain additional
information. Sherry Fulton made a motion to adjourn the hearing on the L N Bair to Monday, September
13, 2010 at 9:45 A.M. D.S.T. in order to obtain additional information. Stan Musgrave seconded the
motion. Motion carried three to zero.
Drainage Board Attorney, Greg Heller, excused himself from the meeting at 2:13 P.M. D.S.T.
13
DRAINAGE BOARD
JULY 12, 2010
IN REF:
WILLIAM WALSH OPEN
CAUSE NO. 1-2010 #805
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 2011, and thereafter as required by law.
Being no further business to come before the Board, Chairman, Roger Rose, entertained a motion to
adjourn the July 12, 2010 meeting at approximately 2:14 P.M. D.S.T. Stanley Musgrave made a motion
of adjourn the July 12, 2010 meeting at approximately 2:14 P.M. D.S.T. Sherry Fulton seconded the
motion. Motion carried three to zero.
RECONSTRUCTION:
DNR-Division of Water
SS Collins Permits
$
75.00
Ammon Bucher System #521
Gast Arm #3 #542
Agnes Waite Open #672
Bryant Leininger System #708
Mud Creek #723
$3,750.00
$ 783.75
$ 932.83
$ 318.76
$1,380.00
MAINTENANCE:
Gudas Excavating
Heltzel Construction
Prairie Marsh Inc
Miami Logistics LLC
Prairie Marsh Inc
FULTON COUNTY DRAINAGE BOARD
_______________________________________
_______________________________________
_______________________________________
_______________________________________
Surveyor
ATTEST:_______________________________
Jean E. Cloud, Secretary
14
DRAINAGE BOARD
JULY 12, 2010
15