Description THURSDAY, JANUARY 12, 2006 SESSION Date 1/12/2006 Location Commissioners   Time Speaker Note 9:01:00 AM Call Meeting to Order Pledge of Allegiance Opening Prayer Roll Call Attendance - All Present Approve Minutes of January 9, 2006   Commissioner Genter made motion to approve Seconded by Commissioner Graf. Motion carried unanimously 9:02:49 AM OLD BUSINESS Resolution 2006-36 Approve Payment of Bills   Commissioner Barnaby made motion to approve Seconded by Commissioner Genter. Motion carried unanimously 9:03:19 AM Review Amended Certificates dated December 31, 2005 and January 3, 2006     9:05:24 AM Review Levy Requests from Fulton County Board of Health and EMS Resolution 2006-45 Request County Auditor Requesting Tax Levy Information - Health Dept. Resolution 2006-46 Request County Auditor requesting Tax Levy Information - EMS .25 Mill Resolution 2006-47 Request County Auditor to Provide Tax Levy Information - EMS 2.0 Mills Commissioner Barnaby made motion to approve the Health Board's request Seconded by Commissioner Genter. Motion carried unanimously Commissioner Barnaby made motion to approve Seconded by Commissioner Graf. Motion carried unanimously Commissioner Genter made motion to approve Seconded by Commissioner Barnaby. Motion carried unanimously 9:10:19 AM Letter of Request from Toledo-Lucas County Port Authority Director of Airports, Paul Toth for appointee to Toledo Express Airport - Master Plan Update Policy Advisory Committee (PAC) Resolution 2006-48 Mr. Hall thought of Shawn Ferguson due to some of the options that may come up. Commissioner Graf thought Steve Brown would also make a good choice. Steve was present and said he had sat on that committee before. The Commissioners thought perhaps it would be a good idea to have them both on Commissioner Graf made motion to approve the appointment of Steve Brown and Shawn Ferguson. Seconded by Commissioner Barnaby. Motion carried unanimously 9:13:40 AM NEW BUSINESS Resolutions: Resolution 2006-37 Approve and Certify Annual County Highway System Mileage   Commissioner Genter made motion to approve Seconded by Commissioner Graf. Motion carried unanimously 9:16:38 AM Resolution 2006-38 Transfer Appropriations for Auditor - REA Fund   Commissioner Genter made motion to approve Seconded by Commissioner Graf. Motion carried 2 to 1 with Commissioner Barnaby casting a nay vote. 9:17:47 AM Resolution 2006-39 Transfer Funds for Flu Shots   Commissioner Graf made motion to approve Seconded by Commissioner Genter. Motion carried unanimously 9:18:41 AM Resolution 2006-40 Advertise for Public Hearing for Proposed Zoning Amendment and Two (2) Zoning District Changes   Commissioner Genter made motion to approve Seconded by Commissioner Barnaby. Motion carried unanimously 9:20:05 AM Resolution 2006-41 Advertise for Joint Public Hearing for Ohio Agricultural Security Area Applications   Commissioner Barnaby made motion to approve Seconded by Commissioner Genter. Motion carried unanimously 9:21:16 AM Resolution 2006-42 Amend Appropriations for Regional Planning   Commissioner Graf made motion to approve Seconded by Commissioner Genter. Motion carried unanimously 9:22:06 AM Resolution 2006-43 Approve Then and Now Purchase Orders and Payments   Commissioner Genter made motion to approve Seconded by Commissioner Graf. Motion carried unanimously 9:24:07 AM Resolution 2006-44 Approve Purchase Orders and Travel Requests   Commissioner Graf made motion to approve Seconded by Commissioner Genter. Motion carried unanimously 10:00:07 AM Public Ditch Hearing - Private Ditch Project (Avery Group) Commissioner Graf opened the hearing and explained how this hearing would differ from other ditch hearings in that it is a mutual agreement project. This would basically be considered a final hearing. Rod Creager further explained the mutual agreement process and stated that today the maintenance assessments would be perused for approval. DRAINAGE IMPROVEMENTS BY MUTUAL AGREEMENT Ohio law provides a procedure for the construction of drainage improvements by mutual agreement that applies when one or more owners desire to join in the construction of a drainage improvement and are willing to pay the cost of the construction. The following steps are necessary to make such drainage improvements: 1.The owners involved submit to the clerk of the board of county commissioners the mutual agreement, plans approved by a registered professional engineer (or the soil and water conservation district) and the cost share schedule for the construction of the improvement. The county engineer reviews these items and may approve them or require amendments prior to approval. 2.The county engineer makes an assessment schedule for maintenance purposes. These assessments may include the cost of preparing the schedule of assessments. 3.The board of county commissioners holds a hearing on the maintenance assessment schedule. They hear evidence and may amend and correct estimated assessments and then approve the final maintenance assessment schedule. 4.The owners then contract for the construction and pay the cost of the drainage improvement as provided in their mutual agreement. This cost includes the estimated cost of maintenance for one year. 5.Construction is inspected and certified to be in accordance with the plans in a manner acceptable to the county engineer. 6.The board of county commissioners maintains the improvement with funds obtained by periodic assessments upon the benefited owners. ENGINEER'S REVIEW Avery Mutual Agreement Project Branches 7i & 7 j of Branch 7 Ten Mile Creek November 3, 2005 PROJECT INITIATION This drainage improvement was initiated through an agreement signed by the three individual land owners who currently own portions of the former Feeback farm located in the Southwest Quarter of Section 8 Town-9 South, Range-4-East in Amboy Township, on Township Road 6 just north of County Road S. Through mutual agreement, the owners have proposed the installation of two new outlet tiles along the east line and the west line of the former Feeback property, draining from the north to the south into Branch 7 of Ten Mile Creek. The filing and acceptance of this mutual agreement for the installation of these proposed tile outlets would create two new branches, 7i and 7j, of Branch 7 Ten Mile Creek. Branch 7 is publicly maintained through the county ditch maintenance program. PROJECT OBJECTIVES The drainage improvements proposed in the agreement will benefit nine (9) of the ten (10) new residential lots to be created by minor subdivision of the former Feeback farm by the three individual owners. The new lots will rely upon ponds as their source of drinking water and the proposed Branch 7i will serve as an outlet for pond overflows and excess surface water at the rear of the new lots. Branch 7j will serve as an outlet for the perimeter drains to be installed around the new septic systems at the front of the lots and will also drain excess surface water between drives along Amboy Township Road 6 and from the front yards of the new lots. The objective of the mutual agreement is to provide publicly maintained drainage outlets to insure that the proposed lots are adequately drained now and consistently maintained in the future. WORK PROPOSED The plans submitted by the landowners were prepared by R.D. Zande and Associates, Inc. and were prepared and approved by a professional engineer registered in the State of Ohio. The plans adequately depict the installation of the two new tiles. Plans call for the installation of a new 12-inch tile draining from south line of the northern most new lot, across the rear of the neighboring lots to the south to an outlet at Branch 7 of Ten Mile Creek just upstream from the railroad culvert. The tile line will have premium joints and will be either a Type E conduit installed on a natural foundation shaped to fit the conduit in a trench prepared by a wheel trencher or a Type C bedded in stone if installed with a backhoe. The line will include 2-foot diameter catch basins at every other lot line for the inlet of excess storm water and for maintenance inspection and clean out access. Rock channel protection will be installed at the tile outlet at Branch 7 to prevent erosion. A 30-foot ditch maintenance easement will be provided for access to the tile by county maintenance forces. The tile across the rear of the lots will be known as Branch 7i of Ten Mile Creek if approved for county maintenance. The tile across the front of the lots as shown on the plan submitted will begin at the south property line of the northern most lot created and continue downstream across the neighboring lots, in a southerly direction to Branch 7 of Ten Mile Creek just downstream from the Road 6 culvert. The tile will be located eight (8) feet outside the Road 6 right-of-way on an 18-foot ditch maintenance easement. The new 12-inch tile will have sealed joints and will be either a Type E conduit installed on a natural foundation shaped to fit the conduit in a trench prepared by a wheel trencher or a Type C bedded in stone if installed with a backhoe. Type B conduit will be installed through proposed drives. Type B conduit is backfilled with compacted granular material to the top of the trench. The front tile will also include 2-foot diameter catch basins at every other property line for the inlet of excess storm water from the road right-of-way and front yards. The inlet structures will also be used for ditch maintenance inspection and access. Erosion will be controlled at the outlet with rock channel protection. The tile across the front of the lots will be known as Branch 7j of Ten Mile Creek if approved for county maintenance. Only the main outlets at the front and the back of the lots will be considered for maintenance. Other work that is proposed in the plan but that will not be maintained in the future includes the relocation of a section of farm tile on the northern lot and the installation of pond overflow outlets and cleanouts. Tile lines connecting perimeter drains into the front outlet will likewise not be included for maintenance. Existing road drainage will be preserved. Only surface water from the right-of-way along the frontage of the lots will drain into the proposed Branch 7j. Existing road tiles will be maintained to drain into an existing catch basin with a separate outlet into Br. 7d of Ten Mile Creek across Road 6. The existing catch basin will be adjusted to grade and will remain in use as a junction structure. CONSTRUCTION ESTIMATE The attached construction estimate was submitted by the Avery group along with the project plans. This estimate formed the basis of the maintenance assessment schedule attached hereto. PROJECT BENEFITS AND ESTIMATED ASSESSMENTS Benefits resulting from the proposed improvements will be due to the removal of excess surface and subsurface water that can be expected on the proposed residential lots. Owners of the developed residential property will benefit from the timely removal of storm water that tends to pond around houses, buildings and on septic fields or that slowly drains from the soils around leach fields and building foundations. Rural residential properties will benefit from improved drainage by increasing or maintaining their property values. According to local real estate sources, as a general rule, properties suffering from standing water throughout their entire yards are often judged to be devalued as much as 20% to 30%. Properties with some standing water could be devalued as much as 10% to 20%. Areas that suffer even the stigma of standing water could be devalued by 5% to 10%. For this improvement the projected drainage benefit is $2,500.00 per acre. Maintenance assessments for the proposed improvement are based on the original estimate of the work plan proposed and on the potential benefits received from the necessary drainage improvements. The type and quantity of drainage runoff contributed by each owner was also a consideration. MAINTENANCE If approved for maintenance through theses proceedings both tiles would become part of the Fulton County ditch maintenance program. Since both tile lines drain the same group of lots a single maintenance assessment schedule has been prepared and therefore a single maintenance fund is proposed for this improvement. Any future maintenance on either the front tile or the back tile would be funded from the single fund. Any future maintenance assessments to replenish the fund would be collected according to the original single schedule of project benefits. SUMMARY The plans submitted by the Avery group were prepared and approved by a professional engineer registered in the State of Ohio and adequately depict the work plan proposed. Likewise, the schedule submitted with the plans is adequate and there will be no adverse effects on any other drainage improvements or on any highways in the area affected. The project proposed in the mutual agreement is feasible and will be of significant value to the development proposed. Commissioner Graf asked if there were any questions. Commissioner Barnaby asked if it would be closed system - would anyone be allowed to tap in for ponds. Mr. Creager said that there would be an easement along the back of the lots so that irrigation could be used but didn't know if much could or would be used for ponds. He added that the ponds will already be on the lots when they are sold. If a problem were to be caused by something the landowner does, they would be liable for that damage. The owner is allowed a reasonable use but not to cause damage. No one present cared to give testimony either for or against the project. 10:14:30 AM Commissioner Graf closed the hearing at this time Resolution 2006-49 approve ditch maintenance assessments, establishing the maintenance fund and approving maintenance base Commissioner Graf made motion to approve Seconded by Commissioner Genter. Motion carried unanimously 10:16:03 AM Recess to attend the ditch viewing at 11:00 a.m. The meeting will be adjourned immediately following the viewing.   10:16:51 AM ___________________________ Jack Graf ___________________________ Dean Genter ___________________________ Paul Barnaby ATTEST:___________________________ Rhonda J. Borton, Clerk     10:17:50 AM Signed Copies of the minutes, or an audio recording of the meeting, in its entirety, are available for review in the Office of the Clerk of the Board, 152 S. Fulton St., Suite 270; Wauseon, Ohio 43567-3309