ĐĎॹá>ţ˙ ikţ˙˙˙h˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁ7 đżš`bjbjUU *†7|7|ˆ\0˙˙˙˙˙˙l,,,,,,,@ŕŕŕ8 $\@ #śŒŒ˘˘˘˘˘˘Š"Œ"Œ"Œ"Œ"Œ"Œ"$Á# á%°°",˘˘˘˘˘°"$,,˘˘Ĺ"$$$˘v,˘,˘Š"$˘Š"$f$Š",,Š"˘€ @öćŔÍPĘ@ ŕúŠ"Š"Ű"0 #Š"‘&‘&Š"$@@,,,,ŮThe Fulton County Drainage Board met on Monday, August 10, 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; Natalie Gehrich; and Jasper Dulin. Chairman, Roger Rose, called the meeting to order at 9:09 A.M. D.S.T. Chairman, Roger Rose, asked for any additions or corrections for June 18, June 23 and July 13. Roger commented that Sherry submitted corrections prior to today’s meeting, and they will be incorporated in the minutes presented. Stan had a correction to the minutes. Being no further additions or corrections, Chairman, Roger Rose, entertained a motion to approve the minutes of June 18, June 23, and the amended July 13 minutes. Sherry Fulton made a motion to approve the minutes of June 18, June 23, and the amended July 13 minutes. Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: CONDO GARAGE BAYS DRAINAGE PLANS Chairman, Roger Rose, asked Fulton County Surveyor, Don Towne, to present the Drainage Plans for the Condo Garage Bays for Manitou Holding Group. Don explained the location of the project would be where Smitty’s Garage use to be. Don stated the “x” on the drawing shows an existing city storm drain, which runs to the north into the lake. Don further explained inside the catch basin is an eight (8) inch tile that comes from the east and there is also one that comes from the west. Don commented the drain to the lake is also an eight (8) inch tile. Don commented the area does flood on storm events. Don also commented the area to west is high, so there is a lot of surface water that comes from the area. Fulton County Surveyor, Don Towne, commented the lot is clear and the plans are to build a garage, and the lot will be impervious. Don further commented there would be one (1) building with six (6) garage bays. Don Towne stated the plans are to do perimeter drains and hooking in downspouts, and hooking into the existing storm drain. Don commented the storm drain is too small, because it cannot handle the storm events they have now. Don commented the area is zoned residential. Don commented to the east of the proposed building site are apartments, and across the street are condos. Don commented there is a lot of drainage in the area. Natalie Gehrich commented there would be no living quarters in the proposed garage; it will strictly be used for storage. After further discussion, Fulton County Surveyor, Don Towne, commented there needs to be an upgrade done to the drainage system. Don commented the eight (8) inch tile to the lake needs to be upgraded to a fifteen (15) inch tile or try to store the water somewhere. Fulton County Surveyor, Don Towne, commented the neighbors are all right with project, but are concerned about the water drainage in the area. Don commented the city storm drain is inadequate. Natalie Gehrich asked if the project would cause any additional drainage than when Smitty’s was there. Fulton County Surveyor, Don Towne, responded when Smitty’s was there, there were small cottages on the lake side, and the housing to the west did not exist at that time. Don commented everything has been improved, and now things need to be upgraded. Natalie Gehrich commented the apartments to the east are having some major problems, and in Ball Court there is water sitting there and that should go towards the channel to the south. Fulton County Surveyor, Don Towne, commented the developer needs to talk to the city about replacing the tile to the lake in that area. Don feels there should be a joint effort in correcting the problem. After further discussion, Fulton County Surveyor, Don Towne, commented that Manitou Holdings also owns the property across the street from the proposed garage, and therefore, now would be the time to address the problem. Fulton County Surveyor, Don Towne, commented the proposal for the garage is to have five (5) inch downspouts tied into the eight (8) inch tile, and there are already two (2) eight (8) inch tiles, now there will three (3) eight (8) inch tiles draining into the catch basin, plus the storm water will be coming in on top of that, and the outlet is only an eight (8) inch tile. There was discussion about the east and west tile and if there are additional inlets on it. Fulton County Surveyor, Don Towne, commented he did not know anything about the east or west tile. There was discussion on who would supervise to make sure the work was done. Fulton County Surveyor, Don Towne, commented it is a city storm drain, so the city would need to supervise the project. Natalie Gehrich commented whether the building sets there or not, the flooding problem needs to be addressed. Natalie further commented she does not feel the developer should have to bear the cost to improve the situation for all the homeowners. Chairman, Roger Rose, commented the negotiation should be between the city and the developer to correct this situation. Being no further discussion, Chairman, Roger Rose, entertained a motion to approve the drainage plans submitted by Manitou Holdings for the Condo Garage Bays at Wolf Point with the condition that the eight (8) inch existing tile between the catch basin and the lake be upgraded to a fifteen (15) inch tile. Sherry Fulton made a motion to approve the drainage plans submitted by Manitou Holdings for the Condo Garage Bays at Wolf Point with the condition that the eight (8) inch existing tile between the catch basin and the lake be upgraded to a fifteen (15) inch tile. Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: AGNES P. WAITE OPEN SURFACE DRAINS CAUSE NO. 6-1980 #672 Fulton County Surveyor, Don Towne, showed pictures on Jerry Baker property where he installed catch basins in the ditch. Don further commented if the landowner has filter strips or grass buffers, the Board had agreed to pay fifty percent (50%) on the installation of the catch basins. The Board took this action quite some time ago in order to encourage landowners to put in the filter strips and grass buffers. Fulton County Surveyor, Don Towne, commented a claim for half the cost of the total bill in the amount of thirteen hundred and sixteen dollars ($1316.00) would be turned in for payment to the landowner. IN REF: LOS COMPADRES RESTAURANT DRAINAGE PLANS Fulton County Surveyor, Don Towne, presented drainage plans for the Los Compadres Restaurant. Don explained at present the water sheets off the parking lot and through a lot that Jasper Dulin owns and behind the Tire Store and ends up in the lake. Fulton County Surveyor, Don Towne, stated the owners want to pave the parking lot, so they want to control the water. Fulton County Surveyor, Don Towne, commented Terry Weiss drew up plans to install three (3) twelve hundred (1200) gallon drywells. Don commented the drywells will handle about a two (2) inch rain and rest of the water will sheet on over the natural waterway. Don commented the difference between a ten year event and a hundred year event is about two (2) inches. Don stated a ten year event is four (4) inches and a hundred year is five and a half (5 ˝) inches. Don commented on a big event the water would still follow the existing path. After further discussion, Fulton County Surveyor, Don Towne, commented the three (3) bigger catch basins would improve the property. Don Towne commented the drywells will be stoned in around them, and there will a tile between each drywell, which will be bedded in stone and wrapped, so silt will not leak through and plug the tiles. Jasper Dulin commented he actually has nothing in the project, just the neighbor, the Tire Store next door. Jasper further commented the Rochester City Board of Zoning has issued them a variance for the set back from the road. Jasper stated his concern is from a growth process in Rochester. Jasper further commented at looking for the original drainage plans to accommodate a hundred year rain event, there is a 40 x 100 retention pond for the lot plus two (2) small drywells and that is not feasible in Rochester, with the size of lots we have. Jasper commented if we are going after the merchant at such a degree, then the city has to get involved and do their share. Jasper commented the lots in Rochester are too small to retain the water we are talking about. This is not the ideal situation, the owner of the restaurant has worked really hard and has done a lot to the building. Jasper commented if we cannot make something work, he will not pave and that does not help anyone in the community. Jasper commented the parking lot has been a hard surface forever, and the water runs off of it now and right down the road. Jasper stated he is here as an advocate, because he wants to see good things happen, that makes sense to the community. Jasper also commented this is a big step in the right direction, and it may not be the total answer, but it will be a big help because we want to see people do the right thing. Jasper commented he does not want to see a 40-x100 retention pond along the property because it will look horrible, and if it is not maintained there could be potential problems. Jasper further stated he would much rather see the three (3) drywells installed, and let the runoff go where it has been going. There was further discussion. Being no further discussion, Chairman, Roger Rose, entertained a motion to approve the Drainage Plans for the Los Compadres Restaurant as presented with installing the three (3) drywells. Sherry Fulton made a motion to approve the Drainage Plans for the Los Compadres Restaurant as presented with installing the three (3) drywells. Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: GENE HIATT’S POND DISCUSSION SWEETGUM ROAD Fulton County Surveyor, Don Towne, commented we had received no input from the landowner. Chairman, Roger Rose, stated he went to the site by invitation from the landowner. Roger commented that Gene and Michael Hiatt were both there, and gave him a tour of the property. Chairman, Roger Rose, asked for the Surveyor’s thoughts on this situation. Fulton County Surveyor, Don Towne, commented there is one neighbor complaining, and Don commented he knows the tile across the street is not good. Don commented there is approximately one hundred and fifty (150) acres that drains into that area. Sherry Fulton asked if any of the people along that area have had problems with water in their basement. Don commented they have in the past. Don commented with the big rain events we had, everyone has had problems. Fulton County Surveyor, Don Towne, commented if the pond overflows it would sheet across the road. Chairman, Roger Rose, asked about the overflow at the pond. Don commented there is a six (6) inch overflow and I am not worried about that as much as the height of the pond. Don commented the height of the pond is seven (7) foot above the ditch. Don further commented there should be something there if the pond overflows to shoot to the ditch and not to the road on a big rain event. There was discussion about that a swale should have been put in behind the trees and let the water run toward the ditch, and the swale could have been made so it could have been mowed. Chairman, Roger Rose, commented at the property line at Baxter’s there is a catch basin. After further discussion, Don commented he assumes Hiatt put that tile in to help Parke Baxter’s drainage, but it is just laid on top of the ground and covered it on their side. Don commented it could not have been previously existing because it is lying on top of the ground, and it is running vertically. After further discussion, Stanley Musgrave, asked if there had been a complaint on this issue, or is someone applying for a permit. Drainage Board Secretary, Jean Cloud, commented that Parke Baxter came in and voiced a complaint and brought in pictures. Fulton County Surveyor, Don Towne, commented there are no county tiles on the property, but there is a pond and if there were any tiles that went through the area they are destroyed. Don commented there are pieces of tile on the banks. Chairman, Roger Rose, commented the question is whether the existing design is sufficiently conservative to address likely future events. Fulton County Surveyor, Don Towne, commented there is no freeboard on the pond to keep the water from going out to the road. Don commented the problem is the tile at the riser. Don further commented the pond elevation is two (2) foot above the bottom of this tile. Don commented he is talking about the riser at the northeast corner of the subdivision. After further discussion, Fulton County Surveyor, Don Towne, commented he talked with Dick Belcher and there was a big tile ran from Fox Run and down through that area. Don commented they would have been all private tiles. Chairman, Roger Rose, commented Hiatt had made a comment that when he was digging the pond the tiles he hit were old and did not work. Fulton County Surveyor, Don Towne, stated Hiatt’s statement could be true, but now the water is seven (7) foot above the ditch. Fulton County Surveyor, Don Towne, commented he had received complaints about how the property looked as they were constructing the home and pond, but did not address anything at that time. Don commented he normally waits until the project is completed to see what it looks like at that time. After much further discussion, Stanley Musgrave, asked about Hiatt’s attitude about lowering the pond. Chairman, Roger Rose, commented Mr. Hiatt is not receptive to that idea at all. Chairman, Roger Rose, commented the Drainage Board needs to do something to be responsive to the problem, but we do not want to over respond in such a way that we have an adverse impact on what is a very nice development. Chairman, Roger Rose, commented he had talked with Parke Baxter about his problem, and Parke commented that a tile needs to be put in down to the ditch, and that would handle his concerns. Fulton County Surveyor, Don Towne, commented he looked at that issue, and Hiatt would have to put a tile in around the pond one way or another in order to get to the ditch. Chairman, Roger Rose, asked if the south end of the pond area would be the shortest distance. Don commented he is not sure if it would be any shorter than the other, because they still have to go around the pond. Don commented it would need to be perforated tile so everything would drain, but if it would be close to the pond it should be solid tile in order to not drain the pond. Don further commented he would recommend running the tile through the front yard, because it is the wettest part of the property, and run it to the ditch, that way it would keep the front yard drained. After further discussion on the issue, Don commented the issue is the water sheeting across the road and a swale behind the trees to the ditch would help that situation. Chairman, Roger Rose, stated he would like to avoid disturbing the pond elevation, because it is part of the aesthetics of the property. Roger commented he feels the tile and swale are reasonable issues. Chairman, Roger Rose, commented this issue needs to be discussed with them at a sit down meeting. Board Member, Stanley Musgrave commented since he is not asking for a permit, do we have any clout to say this is what needs to be done, and we expect it to be done. Assistant Surveyor, Tom Chudzynski, commented the fact he has taken out existing tile; it is just like an obstruction issue. Fulton County Surveyor, Don Towne, and Assistant Surveyor, Tom Chudzynski, stated the pond is an obstruction in the watershed. Don further commented this type of issue is covered in the State Statute, and came about in 1996 because people were damming up private tiles or changing a natural watercourse. Stan commented whether we know or don’t know if there are tiles in the area; we do know the pond stands between the drainage of the people and the ditch. Fulton County Surveyor, Don Towne, responded “yes, but none of the people are complaining about their drainage and that may not happen for a while. After further discussion, Stanley Musgrave asked if it would be of benefit to write a letter of the Drainage Board’s concerns about crossing the road with water and blocking the drainage to the landowners west of the property, and if the concerns become a reality, then the issues would need to be addressed. After more discussion, Chairman, Roger Rose, commented a letter should be composed stating the nature of the problem and the development constitutes a blockage of existing drainage in the watershed, and the remedies would be the construction of an overflow swale on the north side of the pond to the ditch, in order to keep the overflow off of the roadway; and also the construction of new tile from the existing catch basin and the property line, Parke Baxter property, and go across the area west of the new home and then go across the north end of the pond to deal with the drainage concerns of Parke Baxter and areas to the west. Roger further commented by sending the letter, we are putting the landowner on notice that these are concerns of the Drainage Board now, and should these concerns turn into reality, then at that time the Drainage Board would expect the landowner to put these corrective measures in place. Fulton County Surveyor, Don Towne, commented that Parke Baxter has a problem now, so this is not addressing anything for him today. Don commented the tile that is there now is to keep surface water off of his property, and only surface water. Fulton County Surveyor, Don Towne, asked Drainage Board Attorney, Greg Heller, if something would come up on this issue in ten (10) years or so, the Drainage Board go refer back to this discussion that the issue was acknowledged at that time. Drainage Board Attorney, Greg Heller, responded by stating the Statue covers this issue; and a petition could be filed by landowners about the obstruction. Greg further commented it is in the record that the Drainage Board acknowledged the issue at that time. After further discussion, Chairman, Roger Rose, asked the Surveyor to compose a letter to be sent to the landowner, and ask that they come into the Drainage Board meeting on September 14 around 10:30 A.M. to further discuss this issue. IN REF: JAMES B. MAHAFFLEY TILE UPDATE Fulton County Surveyor, Don Towne, commented he talked with Don Kandl about the tile behind the post office on east Ninth Street. Don stated Mr. Kandl commented the post office had received all their permits and everything was done as proposed when the post office was built. After brief discussion, Don asked the Board if they wanted to spend any money to investigate the upper end of the tile. Chairman, Roger Rose, commented he would say “no”, and there is only one landowner complaining. After further discussion, the consensus of the Drainage Board was to do nothing at this time. Fulton County Surveyor, Don Towne, commented he would contact the individual with the findings on the issue. IN REF: BALL GINTHER SHADEL UPDATE ON WORK CAUSE NO. 1-2006 #790 Fulton County Surveyor, Don Towne, stated the contractor, Henry Smith, is up to County Road 400. Don commented Henry has reset two (2) pipes for landowners. Don further commented he has about a quarter of mile to finish. Don commented Henry was concerned that the hydraulics was going to go out on his machine, so he has rented a John Deere excavator. Don commented it is probably the easiest quarter of mile to do. After brief discussion, Don commented he is doing all this work by himself. The comment was made to wait and see if he has the work done by the next Drainage Board meeting. IN REF: J E OVERMYER DISCUSSION CAUSE NO. 11-1970 #600 Fulton County Surveyor, Don Towne, commented Alan Wentzel came in about an old pipe, and stated he had asked the County Highway to replace the pipe because the pipe is falling apart on the ends. Don further explained the ends are extended on both sides of the road so that his cattle can cross it with walking through the ditch. Don commented the Wentzel’s are willing to pay half on pipe. Alan stated the highway says they will put the pipe in, if the Surveyor tells them to. Don commented it not his decision to replace the pipe, he only recommends to the county highway what size needs to be installed if the pipe in undersized. After further discussion, Chairman, Roger Rose, commented he would follow up on this issue with the Highway Superintendent. IN REF: TOWN TILE AGREEMENT Drainage Board Secretary, Jean Cloud, stated Drainage Board Attorney, Greg Heller, had updated the agreement, and is asking today if the Drainage Board wants to go ahead and sign the agreement and send it on to Allied Waste. After further discussion, the Drainage Board signed the Town Tile Agreement, and Drainage Board Secretary, will send it on to Allied for signatures. Fulton County Surveyor, Don Towne, the agreement means terms have been met with the Drainage Board and Allied Waste. Don further commented the continued hearing on Town Tile will be on September 14th and the Drainage Board will make their decision at that time if the project proceeds or not. Being no further business to come before the Drainage Board, Chairman, Roger Rose, entertained a motion to adjourn the August 10, 2009 Drainage Board meeting at 11:20 A.M. D.S.T. Sherry Fulton made a motion to adjourn the August 10, 2009 Drainage Board meeting at 11:20 A.M. D.S.T. Stanley Musgrave seconded the motion. Motion carried three to zero. RECONSTRUCTION: Gudas Excavating Little Yellow Creek $1,500.00 MAINTENANCE: Gudas Excavating Elijah Miller #1 Arm Open #587 $ 1,050.00 Priority Project Resources, Inc. Isaac Sears Tile #612 $ 1,650.00 Lewis Backhoe Service Daniel Terry #627 $ 2,098.39 Priortiy Project Resources, Inc. Lewis Leininger Tile #661 $ 1,650.00 Jerry Baker Agnes P. Waite Open #672 $ 658.08 Jesse Rude DBA G & R Excavating Allen & Coplen Tile & Open #690 $ 360.30 Jesse Rude DBA G & R Excavating Nelson Bowen Tile #710 $ 3,939.74 Miami Logistics LLC Mud Creek #723 $ 6,961.16 Overmyer Excavating LLC Lucenia Smith Open # 797 $24,000.00 CLAIMS: Board Members $ 183.00 Clerical $1,837.36 Attorney $ 672.41 Hometown Electronics $ 72.52 Jean E. Cloud $ 5.54 Indiana Farm Bureau Inc. $ 50.00 Banning Engineering, P.C. $ 963.75 Priority Project Resources $ 510.00 Quill Corp. $ 66.72 U.S. Post Office $ 132.00 Rochester Telephone Co., Inc. $ 25.29 The Observer $ 10.79 Rochester Sentinel $ 9.10 FULTON COUNTY DRAINAGE BOARD ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ Surveyor ATTEST:___________________________________ Jean E. 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