DRAINAGE BOARD
SEPTEMBER 14, 2009
The Fulton County Drainage Board met on Monday, September 14, 2009 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, 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; Jeff Paulson with Hurley & Stewart, LLC; and Mark Mattox.
Chairman, Roger Rose, called the meeting to order at 9:15 A.M. D.S.T.
It is duly noted the August 10th minutes were not presented at this meeting.
IN REF:
DOLLAR GENERAL
DRAINAGE PLANS
Fulton County Surveyor, Don Towne, presented Drainage Plans for the Dollar General Store
proposed to be built at the corner of Noyer Street and State Road 14, which is on the west side of
Akron.
Fulton County Surveyor, Don Towne, stated the plans indicate a detention pond will be at the
south end of the proposed building.
Don stated there is an old county tile, Curtis & McCloud, which is not on maintenance, and
drains into the Leininger tile and runs into Town Lake. Don further stated they are proposing to
put an orifice into the Curtis & McCloud, but do not know the condition of the outlet.
Don further commented the proposed plan is to store the water in the detention area and there
will be a slow release. Don further commented on a major storm event it will overflow on the
north side of the highway.
Board Member, Stan Musgrave, asked Fulton County Surveyor, Don Towne, if he had any
reservations about the plan. Don responded, “No”.
There was further discussion on the project.
Jeff Paulson from Hurley and Stewart commented in reference to the overflow there is extra
capacity above and beyond. Jeff commented the likelihood of the pond overflowing is very low
because the detention was created over three times greater than the hundred year event.
Board Member, Stan Musgrave, asked about the depth of the pond. Jeff commented the pond
would be approximately two (2) feet deep. Jeff commented as long as the area is maintained it
will be dry.
Fulton County Surveyor, Don Towne, commented there is good fall to the outlet tile.
There was discussion about the maintenance on the detention area.
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DRAINAGE BOARD
SEPTEMBER 14, 2009
Jeff Paulson commented there is a riser pipe choked with stone in order to trap the sediment and
not clog up the existing tile, which will have to be maintained and cleaned every spring.
Chairman, Roger Rose, asked who would be responsible to maintain and clean the riser pipe.
Jeff Paulson commented it would be the responsibility of the property owner to do the
maintenance.
After further discussion, Chairman, Roger Rose, entertained a motion to approve the Drainage
Plans as presented for the Dollar General Store at Akron, Indiana. Roger Rose also commented
in the motion we need to include that the maintenance on the inlet needs to be the responsibility
of the property owner. Stan Musgrave made a motion to approve the Drainage Plans for the
Dollar General Store at Akron, Indiana with the maintenance of the inlet is the responsibility of
the property owner. Sherry Fulton seconded the motion. Motion carried three to zero.
IN REF:
WAYNE TOWNSHIP FIRE DEPARTMENT
ADDITION AND COMMUNITY ROOM
DRAINAGE PLANS
Fulton County Surveyor, DonTowne, presented Drainage Plans for the Wayne Township Fire
Department project. Don commented the proposal is to add on the east side of the fire station.
Don further commented the drainage is going to a detention pond to the east and outlets into a
field tile. Don commented all the downspouts would drain into this area.
Don commented he is ok with the drainage plan as drawn.
The comment was made that there will be a detention pond also on the south side of the building.
After brief discussion, Chairman, Roger Rose, entertained a motion to approve the Drainage
Plans for the Wayne Township Fire Department Addition and Community Room as presented.
Sherry Fulton made a motion to approve the Drainage Plans for the Wayne Township Fire
Department Addition and Community Room as presented. Stan Musgrave seconded the motion.
Motion carried three to zero.
IN REF:
GENE HIATT POND
UPDATE
Chairman, Roger Rose, commented Gene Hiatt could not be here today. Roger commented a
letter was sent to Gene Hiatt with the details and needs to be included in the minutes for future
reference.
Chairman, Roger Rose, further commented Mr. Hiatt could not attend our October meeting, so
we will schedule him to come to the November 9th Drainage Board meeting.
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DRAINAGE BOARD
SEPTEMBER 14, 2009
The following letter was sent to Mr. Hiatt:
2/12/2016
Nelson Gene and Jo Ruth Hiatt
377 Sweetgum Road
Rochester, IN 46975
Dear Mr. and Mrs. Hiatt,
RE: Pond located east of Sweetgum Road and south of 3rd St., on Gene Hiatt property.
All elevations sited here in are based on using the bolt on the east face of a fire hydrant near the
intersection of Sweetgum and Ridge Rd. as a Benchmark and calling its elevation 100.00. All
other elevations are relative to this Benchmark.
The Fulton County Drainage Board has received a complaint from the Baxter’s
concerning surface and subsurface water backing up on their property due to the approximately 2
or more feet of fill placed on your south property line adjacent to the Baxter property. All the fill
dirt placed on your property has diverted the natural flow of surface water without providing an
outlet for the Baxter property.
As of June, 2009, the relative ground elevation in Baxter’s northeast corner was 92.41
with the top of the riser/tile at an elevation of 92.76. Comparatively the elevation of the pond
was 92.68. Your ground elevation adjacent to the fence between you and Baxter’s has been built
up to 94.61; some 2.2 feet higher than Baxter’s.
The riser/tile to the northwest, at the intersection of Ridge Rd and Sweetgum has a
bottom elevation of 90.49; and has 2.25 ft. of water in it because the pond elevation is 92.68.
The ground north of the pond adjacent to 3rd St., where the pond would overflow during a
major rain event has an elevation of 93.59, being only .9 ft above the level of the pond. Surface
water overflowing from the pond on a major rain event would sheet across 3rd St. to the
fairground before it would ever get to Minnow Creek. The creeks bottom elevation at the culvert
on the south side of 3rd St is 85.81. That makes your ponds surface elevation 6.87 ft above the
creeks elevation.
The watershed for the area that drains through your property from the west is over 100
acres. This water used to flow over the ground, or through tile, to Minnow Creek. Surface water
will now flow over the ground to the pond, which will then overflow to the road at 3rd St. before
it ever gets to the creek.
The ground water which flows through the tile west of Sweetgum may not even have an
outlet anymore after all the excavation for the pond.
All these factors lead to the conclusion that on a major rain event of critical duration the
pond will most likely act as an obstruction to the natural flow of surface water to Minnow Creek
and will slow the natural flow of ground water through the watershed. Should this event take
place the Fulton County Drainage Board is obligated to follow the law as stated in Indiana Code
36-9-27.4, which addresses this situation. (Copy of IC 36-9-27.4 attached Removal of
Obstructions in Mutual Drains and Natural Watercourses )
The Drainage Board does not see that there is a necessity to require you to adjust the
level of your pond at this time. However; should there come a time in the future that it becomes
apparent that your pond has become an obstruction to the drainage of other landowners in the
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DRAINAGE BOARD
SEPTEMBER 14, 2009
surrounding watershed draining to the Minnow Creek ditch, the Board will expect you to remedy
the situation by providing a tiled outlet to the Minnow Creek ditch at a size and elevation to be
determined by the County Surveyor for the land owned by Baxter’s; and provide a tiled outlet, at
a size and elevation to be determined by the County Surveyor, for the tile/riser located at the
intersection of Sweetgum and Ridge Road. Also, the overflow will need to be diverted directly
to Minnow Creek across your property. A shallow grass swale that could still be mowed would
be sufficient to direct the surface flow to the ditch.
We hope that the above scenario does not take place, however; if it does Indiana Code
requires that the Drainage Board take some action. We hope that we can count on you as the
landowners to work with us, and together remedy this situation.
Sincerely,
Roger Rose
Chairman, Fulton County Drainage Board
tec /cc: Stephen Hiatt and Michael Hiatt
There was no further discussion.
IN REF:
ISAAC SEARS TILE
CAUSE NO. 10-1967
DISCUSSION
#612
Fulton County Surveyor, Don Towne, commented he had met with people involved in the Akron
Community Center project.
Don further commented the Drainage Board approved Drainage Plans for the Akron Community
Center, but at that time it was stressed to them that the said tile was an old tile and that it may
have to be replaced across their property.
Don commented now the building is built, and there has been rain and it is ponded out back of
their building that will not go away and it also backed up some of their drains.
Don further commented the contractor has uncovered the tile and realized it is bad, which we had
told them at the time it was a bad tile. Don commented they want us to spend money on the tile,
but the fund is already at least fifteen (15) years in the “red”. Don stated we have done some
minor repair on the tile and there has been costs taken out of the fund in order to apply for grants.
Don commented they want new tile around the building, and there is no money in the ditch fund
to do any work.
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DRAINAGE BOARD
SEPTEMBER 14, 2009
Don commented there was talk about moving the tile from the west side of the building to the
east side along the road. Don commented he is not concerned with them moving the tile, but the
outlet will be in the old existing tile.
Don commented they want the county to do the work, but they do not realize the people in the
community are the ones that pay for the tiles.
There was further discussion on this issue.
IN REF:
JOSEPH LEASURE MAIN TILE
CAUSE NO. 5-1983 #577
DISCUSSION
ON RECONSTRUCTION PROJECT
Fulton County Surveyor, Don Towne, commented the reconstruction plans have been submitted
to Jeff Healy at Banning. Don commented once he gets the plans back, he will proceed to take
bids on the project. Don commented he would also contact the Smith’s, as the work will be done
on their property.
Stan Musgrave asked if the work would be started this fall. Don responded “yes”. Don further
commented he hopes to take bids at the next meeting.
After further discussion, Don Towne, commented that Bruce Beehler would be paying for the
fifteen (15) inch tile, which “y’s” off of where the main tile ties into the concrete tile. Don
further commented the work would all be done at the same time. Don also commented the
fifteen (15) inch tile will be included in the maintenance of the said drain.
IN REF:
CHIPPEWANUCK CREEK
CAUSE NO. 2-2009J # 799
DISCUSSION
Fulton County Surveyor, Don Towne, commented the notices have been sent out.
Chairman, Roger Rose, asked if there were any issues with the watershed acres.
Fulton County Surveyor, Don Towne, commented the work is going to be started west of County
Road 450 E and after meeting with DNR, Don commented the landowners on the Dan
Struckman Open and downstream of that watershed will be taken off the Chippewanuck Creek
watershed. Don commented that would be corrected at the hearing.
IN REF:
BALL GINTHER SHADEL
CAUSE NO. 1-2006 #790
UPDATE
Stan Musgrave asked about the work on said project.
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DRAINAGE BOARD
SEPTEMBER 14, 2009
Drainage Board Secretary, Jean Cloud, stated that Henry Smith has completed the project, and he
has turned in an invoice for the work, which retainage will be held.
IN REF:
LEGAL COUNSEL
UPDATE
Assistant Surveyor, Tom Chudzynski, commented since our Drainage Board Attorney, Greg
Heller, has moved into his own law office, does the Drainage Board need to update their legal
counsel appointment.
After brief discussion, Chairman, Roger Rose, entertained a motion to correct the legal counsel
for the Drainage Board for the remainder of the year to Heller Law Office. Sherry Fulton made a
motion a appoint Heller Law Office as the legal counsel for the remainder of the year for the
Fulton County Drainage Board. Stan Musgrave seconded the motion. Motion carried three to
zero.
Being no further business to come before the Drainage Board, Chairman, Roger Rose,
entertained a motion to adjourn at 10:20 A.M. D.S.T. Sherry Fulton made a motion to come
before the Drainage Board, Chairman, Roger Rose, entertained a motion to adjourn at 10:20
A.M. D.S.T. Stan Musgrave seconded the motion. Motion carried three to zero.
RECONSTRUCTION:
Banning Engineering
County Line Landfill
$ 140.00
2009 Spring Settlement
2009 Spring Settlement
2009 Spring Settlement
2009 Spring Settlement
2009 Spring Settlement
Lewis Bailey #505
Harvey F Clary, Jr Tile #524
Nathan Hinesley Arm #2 #556
Nathan Pontious #601
E Tippy Open #629
Zanger Hicks Zartman Tile #644
Dean Neff Open #653
Thompson Wynn Rannels #664
Bryant Leininger #708
Mud Creek
Earl W. Bangel Tile #739
Ball Ginther Shadel #790
Ball Ginther Shadel #790
Lucenia Smith Open #797
Bryant Leininger #708
$ 178.88
$ 1,782.28
$ 341.94
$ 1,368.64
$ 790.67
$ 854.46
$
89.72
$ 342.00
$ 644.03
$ 826.93
$ 3,927.93
$ 3,521.55
$ 231.64
$ 2,261.95
$ 1,173.98
$ 330.00
$ 6,925.00
$ 1,000.00
$24,000.00
$
25.00
MAINTENANCE:
Treasurer of Cass County
Treasurer of Kosciusko County
Treasurer of Marshall County
Treasurer of Miami County
Treasurer of Pulaski County
Prairie Marsh, Inc.
Larry Reese
H.D. Sommers
Prairie Marsh, Inc.
Prairie Marsh, Inc.
Slisher Excavating
Prairie Marsh, Inc.
Prairie Marsh, Inc.
Prairie Marsh, Inc.
Prairie Marsh, Inc.
Jesse Rude DBA G & R Excavating
O-Henry’s Backhoe & Excavating Service, Inc
O-Henry’s Backhoe & Excavating Service, Inc
Overmyer Excavating LLC
Indiana DNR
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DRAINAGE BOARD
SEPTEMBER 14, 2009
CLAIMS:
Board Members
Attorney
Clerical
Rochester Telephone Co., Inc.
Jean E. Cloud
The Observer
$ 183.00
$ 672.41
$1,837.36
$ 22.44
$ 113.44
$
9.38
FULTON COUNTY DRAINAGE BOARD
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
Surveyor
ATTEST:_____________________________________________
Jean E. Cloud, Secretary
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