ĐĎॹá>ţ˙ „†ţ˙˙˙‚ƒ˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁ7 đżڂbjbjUU *Ş7|7|¨~1˙˙˙˙˙˙lhhhhhhh|"$"$"$8Z$ f$||2śî$î$%%%%%% 2222222$C3 c5ź22h%%%%%22,hh%%G2,,,%Vh%h% 2,% 2,ň,ř1hhř1%â$ °ű˜rĘ|Ś""$Z'Ćř1ř1]202ř16 )ć6ř1,||hhhhŮThe Fulton County Drainage Board met on Monday, October 13, 2009 9:00 A.M. D.S.T. in the Commissioner/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; and Greg Heller, Drainage Board Attorney. Chairman, Roger Rose, called the meeting to order at 9:10 A.M. D.S.T. Chairman, Roger Rose, stated there are two (2) sets of minutes, August 10, 2009 and September 14, 2009. Roger commented that Sherry Fulton had sent corrections prior to today’s meeting and those have been incorporated in the August 10th minutes. Being no further additions or corrections, Chairman, Roger Rose, entertained a motion to approve the August 10, 2009 minutes as amended, and approve September 10, 2009 as presented. Sherry Fulton made a motion to approve the August 10, 2009 minutes as amended and September 14, 2009 minutes as presented. Stanley Musgrave seconded the motion. Motion carried three to zero. IN REF: GENE HIATT’S POND UPDATE Fulton County Surveyor, Don Towne, showed pictures to the Drainage Board of new problems at Hiatt’s. Don commented there is surface drainpipe on the west side of Sweetgum Road, and the neighbors complained water is not getting away on a storm water event. Don commented the corrugated pipe was covered up on the east side of the road in Hiatt’s yard. Don commented the entire yard has been filled in approximately thirty (30) to thirty-six (36) inches. Don commented the county highway went out an uncovered the tile. The county highway called the Plan Commission. Don further commented the tile was plugged, and in order for water to come through the tile, it would have to boil up approximately thirty (30) inches, and the water would have to come up in the neighbors yard before it would start coming out of the pipe. Chairman, Roger Rose, stated he went out to the site and looked at the situation and there is flags around the hole in the ground. Don further commented the Plan Commission has sent a letter to the landowner, and if the problem is not corrected in so many days they will be fined. After further discussion, the Drainage Board will discuss this with Mr. Hiatt at the November meeting. IN REF: JOHN R. BAKER OPEN HEARING SET:ESTABLISH CAUSE NO. 3-2009 #803 A MAINTENANCE RATE Fulton County Surveyor, Don Towne, stated he has a petition to set up said drain on maintenance. Don further explained that the said drain drains into Lake Bruce. Don stated the proposed plan is to clean approximately six thousand feet (6,000’). Don further commented the drain was shot in the past and the landowners went together and cleaned it. Don commented the drain is very flat, and permits will be needed. Don further commented mats will need to be used in order to clean the said drain, and one-step removal will have to be done. Don commented his estimate to clean the ditch is ninety-six hundred dollars ($9600.00). There is approximately three hundred and ninety-nine (399) benefited acres in the watershed, with a proposed maintenance rate of eight dollars ($8.00) per benefited acre with a ten dollar ($10.00) minimum. COMES NOW, the Fulton County Surveyor presents to the Drainage Board a report for maintenance of the John R. Baker, Cause No. 2-2009, #803 in Union Township. Chairman, Roger Rose, entertained a motion to set the proposed maintenance rate at eight dollars ($8.00) per benefited acre with a ten dollar ($10.00) minimum. Sherry Fulton made a motion to set the proposed maintenance rate at eight dollars ($8.00) per benefited acre with a ten dollar ($10.00) minimum. Stan Musgrave seconded the motion. Motion carried three to zero. The Drainage Board now prepares its Schedule of Assessments which schedule contains a description, which has been taken from the Surveyor’s Report. The said Schedule of Assessments as passed by the Drainage Board in the captioned drain, which is attached hereto and made part hereof, shows the percent of estimated cost for the reconstruction for the landowners of the drain to be assessed of each tract of land for such proposed reconstruction rate. The percent allocated to all land benefited totals one hundred percent. Notices to be sent as per Indiana Statute, the hearing date to be set for Monday, January 11, 2010 at 9:30 A.M. E.S.T. in the Conference Room in the Fulton County Office Building. IN REF: CHARLES TOWN TILE CONTINUED CAUSE NO. 2-2008 #800 RECONSTRUCTION & ESTABLISH A MAINTENANCE RATE HEARING CHARLES TOWN OPEN CONTINUED CAUSE NO. 3-2008 #801 ESTABLISH A MAINTENANCE RATE HEARING Chairman, Roger Rose, opened the continued hearing on said drains at 9:31 A.M. D.S.T. Landowners/Representatives present were: Dave Tofson, Fulton County Highway Superintendent; Brock Schwenk; Tom Schwenk; Bill Lewis; Linda Swick; Jeff Healy from Banning Engineering, and Jamie Paschke, representing Republic. Chairman, Roger Rose, commented the hearing had been continued to get the paperwork in order. Chairman, Roger Rose, gave a review of the proposal on the Charles Town Tile. The proposal was to add approximately seventy-two (72) acres to the watershed, reconstruct the tile and establish a maintenance rate. Roger further stated on the Charles Town Open the proposal was to increase the watershed by approximately seventy-two (72) acres and establish a maintenance rate. Chairman, Roger Rose, further stated that the watershed in the Town Tile has approximately four hundred and thirty-eight (438) benefited acres, and the Town Open has approximately eight hundred and seventeen (817) benefited acres. Roger then gave the proposed rates on the Charles Town Tile and Charles Town Open. Proposed Reconstrution Rates on the Charles Town Tile: Allied Waste-$518.00 per benefited acre with a $518.00 Minimum All other landowners-$188.00 per benefited acre with a $188.00 Minimum Proposed maintenance rate on the Charles Town Tile: $2.00 per benefited acre with a $10.00 minimum. Proposed maintenance rate on the Charles Town Open: $2.00 per benefited acre with a $10.00 minimum. Chairman, Roger Rose, stated all of this has been discussed in the previous hearing, and since that time negotiations have been made with the landfill. Chairman, Roger Rose, asked Jeff Healy from Banning Engineering to give an overview of the project. Jeff Healy commented this initially started with the Landfill making application to IDEM for an expansion. Jeff further commented the outfall for the landfill development would enter the Charles Town Tile and eventually enter into the Charles Town Open. Jeff further commented there is maintenance needs on the tile and the open drain. Jeff commented individual landowners have taken care of some of the maintenance needs on the drain downstream. Jeff commented Allied Waste has been bought out by Republic, and Republic has agreed to fund the entire reconstruction project on the tile on their terms. Jeff further commented the agreement has been negotiated and signed by the Drainage Board and Republic. Jeff further explained the tile will be reconstructed by Republic and the Fulton County Surveyor will maintain oversight and all supervision on the reconstruction of the tile. Jeff further commented the tile would be reconstructed according to the specifications that Fulton County typically uses and prepared by the Fulton County Surveyor, and the exhibit is attached to the agreement. Jeff further explained the work on said drain will be performed within the seventy-five (75) foot right of way, and no work will not be done during the cropping season (May 1 through November 1) unless written approval is received by the affected landowners. There is other legal language incorporated into the agreement, which was prepared by Drainage Board Attorney, Greg Heller. Jeff then commented Republic agreed to have the Reconstruction project completed within eight (8) years of the effective date of the agreement, in the event activity begins on the expansion of the permit or cell that adds the additional acres, then the reconstruction will be done at that time. Jeff commented it is also included in the agreement, that if the landfill ceases operation, then the reconstruction project will be included in the closure plan. Jamie Paschke, Operations Manager for Republic, commented the original agreement had asked for fifteen (15) years to complete the project, and this number was brought down to eight (8) years and is part of the agreement. Jamie Paschke commented the daily tonnage is within a hundred tons a day, and for future reference they see no significant difference in tonnage for at least a couple of years. Jamie Paschke asked for any questions from the Board or the public. Chairman, Roger Rose, commented the landfill would pick up the cost for the reconstruction, and there was also discussion about the landfill paying maintenance rate. Jamie Paschke commented Republic has agreed to the pay their share of the maintenance rate on the said drain even after the reconstruction. Tom Schwenk asked what the maintenance rate is for the tile. Drainage Board Secretary, Jean Cloud, responded two dollars ($2.00) per benefited acre with a ten dollar ($10.00) minimum is the proposed maintenance rate. Jeff Healy commented that is most important for the interim period, between now and when the tile is reconstructed. The Board thanked Jamie Paschke for his attendance. Chairman, Roger Rose, asked Jeff Healy if he had any further comments. Jeff commented there have been rain events this year and there is no doubt they resulted in flooding downstream, and does not feel the conditions have changed since the last time. Jeff further commented he knows there were several letters of objection received, and also several public comments. Jeff commented the concern of the public was adding more water to the watersheds. Jeff further commented that Allied Waste’s (Republic) design has accounted for the extra water, by increasing the retention areas. Jeff commented the upsizing of the tile to an eighteen (18) and twenty-four (24) inch from the existing twelve (12) inch tile will keep the majority of water underground and keep the capacity for agricultural drainage. Jeff further commented the maintenance assessment on the open is for cleaning and bank stabilization. Bill Lewis commented there are problems now and there will be more water coming down through there. Bill further commented it floods out Foxes property and also his field, as he lost crop last year. Bill commented if there is more water coming down through there how are you going to take care of it, you don’t take care of it now. Chairman, Roger Rose, commented it takes it a lot better than it did before, because north of County Road 700 N, Don Towne cleaned out the portion of open on his property. Chairman, Roger Rose, commented he personally observed the conditions before and after the clean out of that portion of ditch. After further discussion, Bill Lewis commented the water still overflows the road. Bill commented on his west place it took out his structure. Chairman, Roger Rose, commented the reason for the flooding of the roadway was because of an obstruction in the culvert. After further discussion, Roger commented it was your structure inside the culvert, and that blocked the drainage. Linda Swick asked “What is going to happen when all the excess water comes from the landfill?” Linda Swick commented Bill has his portion cleaned and then there will be additional water coming from the landfill. Chairman, Roger Rose, commented it will be better than it is now, because they will be regulating the flow off of the landfill because they will have a larger detention area, and there will be an orifice to control the flow into the tile, which they do not have any control of the water flow at the landfill at present. Bill Lewis asked if there can be any control over the water that comes out of the ponds along Old US 31. Bill further commented the water runs out of the ends of the ponds now and runs across Brock Schwenk’s property into to his ditch, and the water is nasty. Chairman, Roger Rose, was not aware of the quality of water. After further discussion, Bill asked if there could be control of the ponds, so it does not overflow. Bill further commented he does understand why part of that water could not be run to the west. Bill further commented the landfill is obviously going to run more water, because the proposal is to put in a twenty-four (24) inch tile. Jeff Healy responded that the twelve (12) inch tile is basically for agricultural drainage. Jeff commented when you introduce surface water runoff; the tile gets full and is surcharged and that is one of the reasons the tile is breaking down, plus the tile is old. Jeff further commented when the water is surcharged, there is more runoff across the ground, and there is evidence of that. After further discussion, Jeff commented that the purpose of the tile was not for runoff. Jeff further commented that the landfill has gotten a permit from IDEM to expand. Jeff further commented we are looking out as to what is going to happen downstream, so we are trying to eliminate the runoff and make them run part of the runoff underground. Bill commented it will run underground down to his property line, where the open drain starts. Jeff stated the quantity of water that the twenty-four (24) inch tile will carry is approximately fifteen cubic feet a second, and the open ditch and road crossings will carry a lot more than that. There was further discussion on this issue. Bill Lewis asked about if the structure is washed out, who will take care of it. Chairman, Roger Rose, commented on a private structure, it is the landowner’s responsibility. Bill commented the ditch is being petitioned and feels the structure is part of the ditch. Bill commented when the ditch will not take the water, he put a structure through the bank so the water could back into it, but it has washed out; it is not a crossing. Jeff Healy commented that varies from county to county on how that is handle; the Statute is not crystal clear on who is responsible for the structures. Jeff stated each county handle both private crossing and side inlets differently, and typically side inlets are considered private. Bill stated he put the structure in ditch to handle the overflowing. Bill commented if he puts the structure back, is the county going to take care of it if it washes out again. Chairman, Roger Rose, commented if the crossing is causing the problem, then the crossing needs to be corrected. Bill asked, If a bigger culvert is going to be put in at Tiosa?” Chairman, Roger Rose, commented the Surveyor indicated that was not an undersized culvert. There was discussion that the structure had blocked the culvert and previous years the road overflowed because the drain on Don Towne had not been cleaned. After further discussion, Bill Lewis commented when Don Towne cleaned his portion of the drain on his property that did wonders and also when the new culvert was put down the road and the gooseneck taken out of road, and that really helped. Bill further commented he has cleaned the ditch several times and no one has paid him, and now it is petitioned and he hopes it is cleaned as good as he cleaned it and also if it washes structures out, he feels the county should pay for replacing them. Chairman, Roger Rose, commented he would not be comfortable to make a commitment to do anything particular to the structures, but would leave that open for consideration when the situation arises. Drainage Board Attorney, Greg Heller, commented Statute 36-9-27-72 (d) addresses private crossings and it is the responsibility of the landowner. After brief discussion on if the structure is too small, Drainage Board Attorney, Greg Heller, commented that is also addressed in the Statute. Greg read Statute 36-9-27-72 (a), (b):     (a) When, in the reconstruction or periodic maintenance of a regulated drain, the county surveyor determines that a private crossing will not adequately handle the flow of water from the drain or will be endangered by such flow, he shall in his plans call for the removal of the crossing.     (b) The replacement of a private crossing, when necessary, may be accomplished as a part of the work of the reconstruction or maintenance. The estimate by the county surveyor of the cost for the replacement shall be assessed against the land that would otherwise be deprived of ingress and egress. However, when a private crossing has been lawfully established and maintained, the board may assess any part of the cost of its replacement against all affected lands. After brief discussion, County Highway Superintendent, Dave Tofson, commented the pipe was changed out on County Road 700 N and also took out the ninety-degree turn. Stan Musgrave commented when he was out at Bill Lewis’ property, the ditch makes a ninety degree turn where the crossing is and then another ninety-degree turn. There was discussion about straightening out the open ditch, and Bill commented the water would flow through there faster. Bill commented the jog slows the water down, and Fulton County Surveyor, Don Towne, agreed with this and further commented there is a “T” on Bill’s property where two (2) ditches comes and with the storm water events it is like a river coming from both directions, and that is a lot of the problem. After further discussion, Tom Schwenk, stated he can understand that the large detention pond and the slow release will be helpful, but between now and then will still have the same water. Jeff Healy commented there is currently no proposed changed. Bill Lewis commented we will still have the overflow from the retention ponds. Chairman, Roger Rose, commented that this Board has no control over that. There was a comment made about the overflowing of the leaching ponds coming down Old 31 to County Road 700 North entering the stream. After further discussion, Jeff Healy commented when they start their expansion project, the tile must be reconstructed, and it cannot go past the eight (8) years for the reconstruction of the tile. Tom Schwenk commented if the landfill closes, will they still put the retention pond in. Jeff Healy commented that is not addressed in the agreement, but would have be addressed in the closure plan. Jeff commented the trigger for the retention pond would be either be activating their permit or the closing of the landfill. After much further discussion, Bill Lewis commented he put a standpipe in the retention pond, and there was also to be a two (2) inch orifice in the bottom of the retention. Tom Schwenk and Bill Lewis both commented they do not see water in the retention pond, and the comment was also made that it is full of silt. After further discussion on this issue, Jeff Healy commented the Drainage Board could make a request to the landfill stating that their storm water retention losing capacity because of sediment. The retention pond needs to be maintained, reconstructed or upgraded. There was also discussion about the leaching pond in the southeast corner running over. Chairman, Roger Rose, commented the positive side of this is that the landfill will be paying for the entire reconstruction cost of the project. Chairman, Roger Rose, commented the two (2) issues about the overflow of the leaching pond and overflow from the retention pond needs to be addressed during this intervening period. Chairman, Roger Rose, asked the Board for their thoughts. Sherry Fulton commented something needs to be done or it is just going to get worse. Stan Musgrave commented he feels the proposal is as good as we can get. Stan commented he would like to see the problems addressed. Chairman, Roger Rose, commented the issues with the ponds need to be addressed with the landfill. Being no further discussion, Chairman, Roger Rose, entertained a motion to approve the modified proposal for the Reconstruction of the Charles Town Tile, Cause No. 2-2008 finding that the costs, damages and expenses of the proposed reconstruction of the tile will be less than benefits accruing to the owners of land likely to be benefited and the entire cost of the reconstruction project will be the responsibility of Republic Services, Inc, an indirect subsidiary of the County Line Landfill Partnership. Stanley Musgrave made the motion to approve the modified proposal for the Reconstruction of the Charles Town Tile, Cause No. 2-2008 finding that the costs, damages and expenses of the project will be less than benefits accruing to the owners of land likely to be benefited and the entire cost of the reconstruction project will be the responsibility of Republic Services, Inc, an indirect subsidiary of the County Line Landfill Partnership. Sherry Fulton seconded the motion. Motion carried three to zero. Chairman, Roger Rose, entertained a motion to approve the Reconstruction Agreement with Republic Services, Inc. as provided and signed by the Fulton County Drainage Board and Republic Services, Inc. Sherry Fulton made a motion to approve the Reconstruction Agreement with Republic Services, Inc. as provided and signed by the Fulton County Drainage Board and Republic Services, Inc. Stanley Musgrave seconded the motion. Drainage Board Secretary, Jean Cloud, commented she would record the agreement for official purposes. Motion carried three to zero. (A copy of the agreement is attached.) Chairman, Roger Rose entertained a motion to establish the maintenance rate of two dollars $2.00 per benefited acre with a ten dollar ($10.00) minimum on the Charles Town Tile. Sherry Fulton made a motion to establish the maintenance rate of two dollars $2.00 per benefited acre with a ten dollar ($10.00) minimum on the Charles Town Tile. Stanley Musgrave seconded the motion. Stan asked what the annual assessment would be on said drain. Drainage Board Secretary, Jean Cloud, commented $917.40 a year. Motion carried three to zero. Chairman, Roger Rose, entertained a motion to establish a maintenance rate of two dollars ($2.00) per benefited acre with a ten dollar ($10.00) minimum on the Charles Town Open. Sherry Fulton made a motion to establish a maintenance rate of two dollars ($2.00) per benefited acre with a ten dollar ($10.00) minimum on the Charles Town Open. Stanley Musgrave seconded the motion. Stan asked if the acreage is the same as the tile. Drainage Board Secretary, Jean Cloud, commented there is 817.17 benefited acres in the watershed with annual assessment of $1973.42. Motion carried three to zero. IT IS NOW ORDERED, by the Fulton County Drainage Board that the Schedule of Assessment has been approved to Reconstruct and establish the maintenance rate on the Charles Town Tile, Cause No. 2-2008, #800; in Richland Township; Fulton County, Indiana. The said Board orders that one notice be published in this cause of action promptly in the Rochester Sentinel and The Observer, newspapers of general circulation throughout Fulton County, which notice shall properly identify the drainage proceedings and further state the Findings and Order of said Board has been filed and is available in the Office of the Fulton County Surveyor. IT IS NOW ORDERED, by the Fulton County Drainage Board that the Schedule of Assessment has been approved to establish the maintenance rate on the Charles Town Open, Cause No. 3-2008, #801; in Richland Township; Fulton County, Indiana. The said Board orders that one notice be published in this cause of action promptly in the Rochester Sentinel and The Observer, newspapers of general circulation throughout Fulton County, which notice shall properly identify the drainage proceedings and further state the Findings and Order of said Board has been filed and is available in the Office of the Fulton County Surveyor. Chairman, Roger Rose, asked if there was anything else to be considered before closing the hearing. Linda Swick asked about the assessing of her property, because she has several parcel numbers and the assessment is the minimum on each one. Drainage Board Secretary, Jean Cloud, commented Mrs. Swick has four (4) parcels and these could be combined. Jean further commented the parcels can be combined by going to the Auditor’s office and filing the paperwork. Jean further commented the lot must not be a build able lot and should be contiguous properties in order to be combined on one parcel number. Being no further discussion or comments, Chairman, Roger Rose, entertained a motion to close the hearing on the Charles Town Tile and Charles Town Open. Stanley Musgrave made a motion to close the hearing on the Charles Town Tile and Charles Town Open. Sherry Fulton seconded the motion. Motion carried three to zero. Chairman, Roger Rose, called for a recess at 10:45 A.M. D.S.T. Chairman, Roger Rose, called the meeting back to order at 11:00 A.M. D.S.T. IN REF: C B MOORE OPEN HEARING SET: CAUSE NO. 4A-1970 #659 INCREASE WATERSHED Fulton County Surveyor, Don Towne, commented the area north of the Fulton County Airport is in the Wagoner Schuler Tile watershed, which drains into the L.N. Bair watershed. Don Bauman and David Clauson want to tile the area to the south into the C.B. Moore Open. Don further commented there is approximately one hundred twenty-six (126) acres, and there should be a hearing because of adding the additional acres to the watershed. Don stated he does not have a problem with the landowner tiling to the south into the C.B.Moore Open. Don stated the acreage is close enough to the outlet that it will not hurt the watershed, and where they are hooking into the C B Moore Open, where the C B Moore dumps into a pond area. Being no further discussion, Chairman, Roger Rose, entertained a motion to set a hearing to increase the watershed of the C B Moore Open, Cause No. 4A-1970 #659 on Monday, January 11, 2010 at 10:30 A.M. E.S.T. Sherry Fulton made a motion to set a hearing to increase the watershed of the C B Moore Open, Cause No. 4A-1970 #659 on Monday, January 11, 2009 at 10:30 A.M. E.S.T. Stanley Musgrave seconded the motion. Motion carried three to zero. Notices to be sent, the hearing date to be set for Monday, January 11, 2010 at 10:30 A.M. D.S.T. in the Conference Room in the Fulton County Office Building. IN REF: JOSEPH LEASURE MAIN TILE UPDATE ON BIDDING CAUSE NO. 5-1983 #577 Fulton County Surveyor, Don Towne, stated it had been discussed to take bids on the said drain for work to be done this fall, but Mike Smith is willing to go ahead and plant wheat and do the work next summer. Don commented the bids would be taken in December for work to start on July 15, 2010. Don commented this would give the contractor a greater opportunity to get the work done under better conditions. Don explained if bids were taken now, the blacktop plants only have a limited time of being open, depending on the weather. The weather would have to be perfect to get it done in the next few weeks. Don stated two (2) of the contractors could not bid this quick, and next summer would be better window of opportunity and a better job. Chairman, Roger Rose, commented for the record, “Bruce Beehler does not want the work done in summer, because he feels he will potentially lose some crops to the flooding next summer due to the delay”. There was discussion if we need to be concerned about this issue, in reference to pay for damages. Don commented he does not feel there is any concern, because we must do a decent project and give the contractors a decent window to do the project. Roger also commented the majority of the work is being done on another landowner, and if that landowner does not want it done this fall, then this must be taken into consideration. After brief discussion, Stan Musgrave asked if we committed to do the work this fall. Don responded, “That was the intent to do it this fall after harvest, but lot of harvest has not been done, and it is going to be a rough year”. After brief discussion, Chairman, Roger Rose, stated as long as the landowner is in agreement. There was discussion about the road cut on State Road 17. IN REF: CLASSIFICATION OF APPROVE LEGAL DRAINS Fulton County Surveyor, Don Towne, presented the updated Long Range Plan for the classification of legal drains for Board approval. IN REF: INDIAN CREEK UPDATE Jeff Healy commented he had seen a letter regarding the Indian Creek watershed, and the court decided the Board was constituted inappropriately. After brief discussion, Drainage Board Secretary, Jean Cloud, commented the Statute states that the County Surveyor is to contact the Drainage Board Chairman in the other counties by a letter sent certified return receipt mail. IN REF: CLASSIFICATION OF APPROVE LEGALS DRAINS Chairman, Roger Rose, entertained a motion to approve the classification of legal drains as presented by the Surveyor. Sherry Fulton made a motion to approve the Classification of Legal Drains as presented. Stan Musgrave seconded the motion. Motion carried three to zero. (Classification of Legal Drains attached) IN REF: CHARLES TOWN TILE FURTHER DISCUSSION CAUSE NO. 2-2008 #800 Fulton County Surveyor, Don Towne, asked the Board about surface drains being included with the maintenance on said drain. There was further discussion on this issue, but the Board made no decision at this time. Being no further discussion, Chairman, Roger Rose, entertained a motion to adjourn the Drainage Board meeting at 11:35 A.M. D.S.T. Sherry Fulton made a motion to adjourn the Drainage Board meeting at 11:35 A.M. D.S.T. Stanley Musgrave seconded the motion. Motion carried three to zero. MAINTENANCE: Shideler Spray, Inc. Lewis Bailey(Myers & Ball)#505 $ 179.04 Shideler Spray, Inc. Ammon Bucher Open #521 $ 547.08 Shideler Spray, Inc. Peter Busenburg Open #523 $ 473.40 Shideler Spray, Inc. J Costello #527 $ 402.94 Shideler Spray, Inc. John King Open #567 $ 172.80 Shideler Spray, Inc. Elijah Miller Arm #1 Open $ 195.50 Shideler Spray, Inc. Elijah Miller Main Open #589 $ 301.44 Shideler Spray, Inc. J E Overmyer #600 $ 286.40 Shideler Spray, Inc. Steinke Wilson Arms #649 $ 2,156.85 Shideler Spray, Inc. Smith Peterson Open #655 $ 1,219.60 Shideler Spray, Inc. Reed Olmstead & DeWeese Arm #679 $ 1,292.76 Shideler Spray, Inc. Chauncey Overmyer #686 $ 293.63 Shideler Spray, Inc. Allen & Coplen #690 $ 203.04 Gudas Excavating Mud Creek #723 $10,200.00 Shideler Spray, Inc. Guise Overmyer #726 $ 112.20 Shideler Spray, Inc. McCaughey & McKessey #734 $ 99.20 Shideler Spray, Inc. Little Yellow Creek #768 $ 402.00 Shideler Spray, Inc. Austin Blue #776 $ 262.80 Shideler Spray, Inc. Durkes & Orr #791 $ 239.04 Miami Logistics LLC Lucenia Smith Open & Arms #797 $ 611.40 Overmyer Excavating LLC Lucenia Smith Open & Arms #797 $ 6,600.00 Overmyer Excavating LLC Lucenia Smith Open & Arms #797 $22,906.50 DNR-Divison of Water Chippewanuck Creek #799 $ 225.00 US Post Office Chippewanuck Creek #799 $ 36.30 CLAIMS: Board Members $ 305.00 Replace Board Members $ 61.00 Clerical $1,837.36 Attorney $ 672.41 Hometown Electronics $ 4.99 Jean E Cloud $ 19.80 Observer $ 169.26 Rochester Sentinel $ 83.71 Times Union $ 45.00 FULTON COUNTY DRAINAGE BOARD ____________________________________________ ____________________________________________ ____________________________________________ ____________________________________________ Surveyor ATTEST:____________________________________ Jean E. Cloud, Drainage Board Secretary DRAINAGE BOARD OCTOBER 13, 2009  PAGE 2 ő÷ŐCŘĈ͂ӂԂՂւڂýůňďňçň0JmHnHu0J j0JU5\H* żŔÁ  {|}Ą˘l m á â ă ä h i  h i j k l Ÿ Í Î ýýýýýýýýýýýýýýýýýýýýýýýýýýýýý¨‚Ů‚ýýÎ tuňó01ôőřJj€„ĽŘîďđG()‰ŠîýýýýýýýýýýýýýýýýýýýýýýýýýýýýýîďCD{|ť89jk ĄŇÓlmŇÓÔŐ–— ž ¤#Ľ#Í$ýýýýýýýýýýýýýýýýýýýýýýýýýýýýýÍ$Î$p%q%N&O&''F'G'î'ď'|(}(ť(ź(Y)Z)Ď)Đ)**O*P*++Ď+Đ+0-1-ýýýýýýýýýýýýýýýýýýýýýýýýýýýýý1-—-˜-ç.č.•/–/00Š0Ş0˜1™1ř1ů1o2p2ą3˛3¸4š4ř4ů4`5a5Á5Â5M6N6×7ýýýýýýýýýýýýýýýýýýýýýýýýýýýýý×7Ř76979]:^:‹:Œ:Ţ:ß:=;>;š;›;E<F<e=f=>>>Ž>Ď>Đ>,?-?Ë?Ě?ž@ż@ýýýýýýýýýýýýýýýýýýýýýýýýýýýýýż@˝AžA„B…BCCŇCÓCŃFŇFxGyGHHšH›HÇIČI†JˆJĆJÇJKKcKdKëKěK´Lýýýýýýýýýýýýýýýýýýýýýýýýýýýýý´LľL}M~MüMýM­NŽN7š7›7E8F8e9f9:::Ž:Ď:Đ:,;-;Ë;Ě;ž<ż<˝=ž=„>…>??Ň?Ó?ŃBŇBxCyCDDšD›DÇEČE†FˆFĆFÇFGGcGdGëGěG´HľH}I~IüIýI­JŽJ?@ABCDEFGHIJKLMNOPQRSTUţ˙˙˙WXYZ[\]^_`abcdefghijklmnopqţ˙˙˙stuvwxyţ˙˙˙{|}~€ţ˙˙˙ý˙˙˙ý˙˙˙…ţ˙˙˙ţ˙˙˙ţ˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙Root Entry˙˙˙˙˙˙˙˙ ŔF°l ˜rʇ€1Table˙˙˙˙˙˙˙˙˙˙˙˙V6WordDocument˙˙˙˙˙˙˙˙*ŞSummaryInformation(˙˙˙˙rDocumentSummaryInformation8˙˙˙˙˙˙˙˙˙˙˙˙zCompObj˙˙˙˙jObjectPool˙˙˙˙˙˙˙˙˙˙˙˙°l ˜rĘ°l ˜rĘ˙˙˙˙˙˙˙˙˙˙˙˙ţ˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ţ˙ ˙˙˙˙ ŔFMicrosoft Word Document MSWordDocWord.Document.8ô9˛q