Description

Minutes of Meeting

Date

2/19/2009

Location

Commissioners Session Room

 

Time

Speaker

Note

9:00:05 AM

Call Meeting to Order

Pledge of Allegiance

Opening Prayer

Roll Call Attendance - All present

 

9:01:25 AM

Resolution 2009-155 Approve Minutes of January 17, 2009

Commissioner Genter made the motion and Commissioner Barnaby seconded the motion. Motion carried unanimously.

9:01:33 AM

Resolution 2009-156 Approve Agenda As Presented or
Amended

Commissioner Barnaby made the motion and Commissioner Short seconded the motion. Motion carried unanimously.

9:02:01 AM

OLD BUSINESS:
· Resolution 2009-157 Approve Bill Payment

Commissioner Short made the motion and Commissioner Genter seconded the motion. Motion carried unanimously.

9:02:26 AM

·Review Dog Warden Report for Week Ending 2/14/2009

 

9:03:11 AM

· Execute Proclamation for Mental Retardation and Developmental Disabilities Awareness Month March 2009

The Board Proclaimed March 2009 as Mental Retardation and Developmental Disabilities Awareness Month.

 

Commissioner Short read the Proclamation into the record as follows:

 

9:05:51 AM

· Resolution 2009-158 Authorize Board President to Execute & Direct Submittal of Neighborhood Stabilization Plan Grant Application to the Ohio Department of Development

Mr. Dennis Miller, from Maumee Valley Planning was present for the discussion.  He stated that as the lead entity in the 6 entity district, Fulton County must authorize, on behalf of the district, the submittal of the NSP application.  He stated that this application is due to the State by February 27, 2009 and he is expecting to get a grant agreement back already by the end of March.  He anticipates that around the first of April they will have focus areas in place.  He stated that Steve Brown, Regional Planning Director, already has 2 potential areas in Fayette, 1 for demo and 1 for purchase and renovation. 

 

Commissioner Genter made the motion and Commissioner Short seconded the motion. Roll call vote:  Barnaby, yes; Genter, yes; Short, yes.  Motion carried unanimously.

9:09:21 AM

Recess to process paperwork

 

9:13:27 AM

· Resolution 2009-159 Cancel March 9, 2009 Session

Session for March 9, 2009 is cancelled due to having no quorum.  Commissioner Genter and Commissioner Short will be attending a NACo Legislative Conference in Washington D.C.  Commissioner Genter made the motion and Commissioner Short seconded the motion. Motion carried unanimously.

9:13:59 AM

· Resolution 2009-160 Approve Then and Now Purchase Orders

Commissioner Barnaby made the motion and Commissioner Genter seconded the motion. Motion carried unanimously.

9:14:44 AM

· Resolution 2009-161 Approve Purchase Orders and Travel Requests

Commissioner Barnaby made the motion and Commissioner Genter seconded the motion. Motion carried unanimously.

9:15:04 AM

Recess until Hearing on Township Road KL

 

9:30:22 AM

FINAL HEARING on Proposed Road Vacation KL

 

 

 

 

 

 

Resolution 2009-162  Approve Vacation of Existing Public Road KL in Franklin Township, Fulton County, Ohio

Commissioner Short opened the hearing and turned the discussion over to the Clerk for a brief overview of the project.  The Clerk then read the Engineer’s Recommendation into the record.  The discussion was then turned over to the Engineer for additional comments.  Mr. Onweller stated that if the average person would drive down SR66 it would appear that it was a private drive.  There is no adverse affects on adjacent property and it is solely used by the property owner.  He recommends vacation of the road.

 

Commissioner Genter stated that Mr. Heer will need to acquire property from the school to continue to keep the driveway where it is.

 

The hearing was closed at  9:35:14 AM

 

After deliberations, the Board found that such vacation will serve the public convenience and welfare.  Commissioner Barnaby made the motion to approve the petition and Commissioner Genter seconded the motion. Motion carried unanimously.

9:35:53 AM

Recess until Final Hearing on Ditch 2105-Eyer

 

10:00:05 AM

FINAL HEARING on Ditch Improvement 2105-Eyer

Commissioner Short opened the hearing and turned the discussion over to Rod Creager, Chief Deputy Engineer.  Mr. Creager explained the ditch petition process pursuant to the laws and code that must be followed, ORC Chapter 6131.

 

He stated that a view of the area was conducted by the Board of Commissioners on January 8, 2008 and based upon the evidence at the view, the Board found a need for improvement and ordered the Engineer to prepare the plans and schedules required to meet the prayer of the petition.  Upon the preparation of such, a public hearing must be held in the matter before a final decision is made by the Board of Commissioners.  Mr. Creager then presented his report:

 

 PROJECT INITIATION

 

This drainage improvement was initiated through a single county drainage petition filed by Mr. Eric Eyer, as Trustee of Faith Baptist Church, Larry Neuenschwander, Clinton Township Trustee and landowner Scott Aeschliman on December 14, 2007.  The petitioned calls for the installation of a single new storm water drainage outlet and appurtenances to replace two failing outlet tiles draining the upper Turkeyfoot Creek watershed in Sections 22 and 23, T-7-N, R-6-E in Clinton Township, Fulton County, Ohio. 

 

The proposed improvement is petitioned to begin approximately 700 feet east and 1160 feet south of the north quarter corner of Section 22, T-7-N, R-6-E, in Clinton Township.  That point is approximately 600 feet west of Enterprise Ave in the City of Wauseon which is also known as Road 15-1 in Clinton Township.  The improvement is intended to begin at the junction of three existing outlet tiles draining from the west and northwest, on the North Clinton Mennonite Church property and the north City of Wauseon/NORTA right-of-way line.  From there the improvement is petitioned to proceed downstream to the east, following the existing outlet, replacing the existing tiles as necessary along the north right-of-way of the abandoned rail bed, crossing to the south side of the City /NORTA right-of-way about 200 feet west of Enterprise Avenue.  From there, the outlet will be replaced as necessary up to and through the Enterprise Avenue right-of-way.  Originally it was thought that the existing storm sewer through Enterprise Avenue was a 24-inch conduit that could remain in service but it was determined that the existing pipe is only a 21 inches in diameter and is not large enough.  Beginning at a catch basin on the east side of Enterprise Avenue, a new storm sewer will be installed on the City/NORTA right-of-way for a distance of 275 feet to a point just past the Clinton Township maintenance garage.  From that point an open ditch will be constructed to the east for a distance of 500 feet, terminating at the existing 72-inch diameter pipe inlet of the recently constructed Booth Detention Basin in the City of Wauseon.  Catch basins, junction structures, and other appurtenances will be installed as required.

 

The last official records of improvement on this section of Turkeyfoot Creek date back over one hundred years.  The original 12-inch drain tile that served as the outlet was installed through a county ditch petition in 1902.  The capacity of the system was increased in 1949 when an 18-inch drain tile was installed through ditch petition downstream from the Wabash Railroad to the DT&I Railroad in Wauseon.  Later the capacity of the upstream tile was supplemented through a 1956 ditch petition when a second tile was installed upstream from the railroad to Road 16.  The tiles involved through this petition were installed prior to the ditch maintenance requirement of the Ohio Revised Code and have been a constant maintenance problem for the adjacent landowners for the last twenty-five or thirty years.  The recently completed Booth Detention Basin removed the old petitioned drains crossing the Booth property between the Clinton Township property and the abandoned DT & I Railroad, replacing them with a new 72-inch storm sewer that directs the upstream runoff through the Booth Detention basin.     

 

PROJECT OBJECTIVES

 

The primary objective of this project is to install a modern storm water drainage system to replace existing tile outlets that have exceeded their useful life.  The existing tiles no longer provide the drainage capacity required to convey upland storm water as originally designed.  As a consequence water stands in the upper reaches saturating septic fields, flooding house lots and reducing crop yields.  Excess storm water also ponds on public rights-of-way and flows across roadways from time to time.

 

Another objective of this project will be to place the improved drain on a consistent maintenance program to protect it from deterioration and extend its useful life.

 

PROBLEMS OBSERVED

 

The two existing clay tiles east and west of Enterprise Avenue are partially obstructed by tree roots.  Both tiles are butt joint clay drain tiles, typically used in open farm fields.  The tiles are set close together but rely on the slight gap between tiles to drain ground water along their route.  The gaps at the tile joints that allow ground water to enter the outlet also allow tree roots to enter the tiles.  Larger tile are not often completely obstructed by roots but their capacity can be reduced and their integrity can be greatly affected.  The older 12-inch tile installed in 1902 is almost completely obstructed and the sixty year old 18-inch tile has to carry the bulk of the storm water.  The 18-inch alone is not large enough.  The trees and brush growing over both existing tile lines is an obvious maintenance and capacity issue.

           

Other problems have been reported with the existing system.  The catch basin east of Enterprise Avenue overflows frequently during larger storm events.  This is probably due to the restricted downstream capacity of the two old clay tiles.  When water can’t get away downstream the system begins to backup.  Water can’t get away from the City’s detention basin on the west side of Enterprise Avenue and it overflows into the swale along the south side of the old railroad west of Enterprise.  That flooding holds water back on the north side of the railroad and of course holds back the flow from the three upstream tiles draining to the abandoned rail right-of-way.

 

Several holes have been observed along the route of the petition.  That suggests that the tile system has some broken tile and consequently some capacity problems.

       

WORK PROPOSED

 

The work plan proposed includes the removal of brush along the line of existing tiles and swales, the installation of a new single storm sewer and appurtenances, the re-grading of existing swales and ditches along the abandoned railroad.  Temporary and permanent erosion control measures to protect water quality will be included.

 

The plan calls for opening the three tiles at the upper terminus into new catch basins so that each tile has a visible open outlet and can be more easily monitored and maintained.  From the new catch basins a new single 18-inch storm sewer will replace the both existing 12-inch tiles to the east, to the existing cross-over through the abandoned rail bed.  A catch basin will be installed and a new single 18-inch cross-over will be installed to a new basin on the south side of the old rail bed.  From there, a new 24-inch will extend to the east to Enterprise Avenue.  A new 30-inch cross-over will be installed through Enterprise Avenue because the existing 21-inch cross-over is too small.  The existing 21-inch cross-over through Enterprise Avenue will remain in service as the outlet for the city detention pond on the west side of Enterprise.  The existing catch basin on the 21-inch on the east side of the street will be replaced and an 18-inch outlet will be directed north to a new basin on the new 30-inch outlet.  The new 30-inch storm sewer will be extended 275 feet to the east to a point beyond the township maintenance garage.

 

Beginning at the outlet of the proposed new storm line, the existing open ditch along the south right-of-way will be brush cleaned and reconstructed with stable side slopes to drain to the east to the 72-inch inlet to the Booth Detention Basin.

 

Brush will be cleared and grubbed from the area over the proposed storm sewer and the reconstructed open ditch.  Brush and stump disposal will be included in the work plan.  Rock channel protection will be placed at the outlet of the new 30-inch at the open ditch and at other points where erosion can be expected.  All disturbed areas will be seeded to reestablish sod cover.

 

Existing tiles upstream from Enterprise Avenue will be capped and abandoned in place.  The existing 21-inch storm sewer through the street will remain in use.  The existing 12‑inch tile installed east of Enterprise in 1902 will be capped outside of the basin but left in service to drain what it can.  The existing 18‑inch tile installed downstream from the street in 1949 will be capped and will remain in service to provide extra outlet capacity until such time as it finally fails.  An outlet pipe with animal guard will be placed on both existing clay tiles near the lower terminus.

 

The ditch along the north side of the Wauseon/NORTA right-of-way will be brush cleaned and graded to drain through existing cross-overs to the reconstructed open ditch to the south.  The ditch drains approximately 1000 feet of property along the north right-of-way including some street drainage from Enterprise Avenue.  It also serves as an overflow outlet for drainage along the north right-of-way west of the street.

 

A temporary construction easement will be established along the line of the improvement.  

 

 

ESTIMATING DESIGN DISCHARGE 

 

The existing drain currently outlets into the City of Wauseon’s Booth Detention Basin via the old 12-inch and 18-inch clay tiles behind the Clinton Township property.  At the time the basin was designed, the concern of the upstream owners was that the basin would not be able to accommodate runoff from upstream.  The project consultant delineated the watershed of record and sized the basin accordingly.  Elevations of existing drains upstream from the basin were also checked to allay concerns that drainage would be obstructed.  The basin was designed to accommodate about 790 acres of upland drainage area using the Rational Method of estimating runoff.  The watershed of this proposed improvement is 555 acres of those 790 acres. 

 

The Rational Method of runoff calculation is more reliable for smaller watersheds, usually less than 6 acres.  For larger watersheds, such as the one under consideration, statistical methods of estimating runoff are more often used.  This petition called for replacing existing drains for upland agricultural and rural residential drainage so for this project, runoff was determined using USGS and NRCS/SCS methods. 

 

Storm drain sizes for this project were based upon the flows determined using SCS Engineering Field Manual, Ohio Supplement Exhibit OH 14-2 (Rev) 10/78 for agricultural drains with open inlets.  This yields smaller pipe sizes than would be expected when sizing city storm sewers but it does more closely answer the prayer of the petition under consideration by providing for improved agricultural and rural residential storm drainage. 

 

The Booth Detention Basin was designed for much larger flows than were used to design the proposed improvement and should not be adversely affected by the upstream work proposed.  The outlet proposed will not meet the City criteria for storm sewer design if the City expands in the future and needs a storm sewer for typical industrial or residential development.

           

CONSTRUCTION ESTIMATE

 

The attached construction estimate is based on information that was obtained through drainage project records, aerial photos, field observations and the engineering survey conducted in 2008. The estimated cost for the construction of the proposed storm sewer, its appurtenances, and reconstructing the open ditch is $151,334.53 including engineering and administrative costs. 

 

The final detailed construction estimate was used to determine the estimated assessments for each parcel.

 

PROJECT BENEFITS AND ESTIMATED ASSESSMENTS

 

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%.

 

Assessments for the proposed improvement were based on the benefits received from the drainage improvements.  The type and quantity of drainage runoff contributed by each parcel was considered as well as the location of each parcel relative to the location of the improvement work.

 

It is expected that the benefits derived from the proposed improvement over 20‑years will be greater $261,000.00 and will exceed the estimated project costs.  Parcel assessments for the project are estimated to range from about $411.00 per acre for fully developed lots using most of the improvement to $156.00 per acre for less developed lots using only the lower reach of the improvement.  Public rights-of-way were assessed at about $479.00 per acre.  The City of Wauseon was specially assessed for the removal and disposal of brush from the abandoned Norfolk and Southern right-of-way that they now own.   

 

MAINTENANCE

 

The Ohio Revised Code requires that all drainage improvement projects be placed on a permanent maintenance program.  Maintenance activity is limited to the maintenance of the items originally constructed.  Maintenance is paid for by periodic ditch maintenance assessments to the parcels in the watershed.  The amount of the maintenance assessment is in proportion to the original ditch assessment for each parcel.

 

The revised code provides for the right of access to drainage lines and open ditches to perform maintenance activities.  The permanent maintenance access easement for the storm sewer portion of the improvement will be fifty feet in width centered on the line of the storm sewer.  The maintenance access easement width along the open ditch will be twenty-five in width measured from the top of the open ditch bank.

 

 

APPARENT FAVORABLE FACTORS

 

1.      Periodic flooding will be reduced.

2.      Crop yields will be maintained and improved.

3.      Property values will be improved or protected.

4.      Erosion control measures at the open ditch will reduce erosion and protect the open channel and the Booth Detention Basin from deterioration.

5.      Having the storm sewer placed on permanent maintenance will insure that the drain can be kept clean and free flowing and will protect the investment in this proposed improvement.

 

APPARENT UNFAVORABLE FACTORS

 

1.      Temporary lawn and landscaping damage can be expected during construction

2.      Periodic production loss and inconvenience may result from future maintenance activity.

 

PROJECT FEASIBILITY

 

This project work plan is feasible and can be economically completed through the drainage improvement petition process.

 

 

Mr. Creager then answered questions from those in attendance.

 

At 11:04:32 a.m. Commissioner Short conducted a swearing in of all in attendance and opened the hearing for any testimony, for or against the project.

 

Commissioner Short noted for the record that 2 written objections were filed in this matter with the Clerk as follows:

 

On February 17, 2009 from Janice Pennington

On February 19, 2009 from William Shoop and  Kelly Shoop, aka Kelly Baird

 

Verbal testimony from the following was taken:

 

Belinda Hayse – opposed to project

“Can see a need for improvement but feels that at the time, the economy and timing is horrible.  All other means should be exhausted before assessing the landowners like state and federal funding or levies to involve everyone in the county.

Mark Sanchez – opposed to project

Representing the Wauseon New Life Church and asks how a non-profit organization can recover these monies.  Feels the need for the improvement, however there is no constant flow of money for the organization to pay the assessment”

Kelly Shoop – opposed to project

Feels the Board should proceed to see if there are other options available”

Jack Fry – for the project

is upstream on the north side and since the pond was put in it meters in under a lot of pressure and the tile has slowed down.  Problem is where it is blocked off now and is slowing everyone up.  If it can’t get away at the bottom that tile upstream doesn’t do any good.  Some may not see the benefit now because it is going into a holding pond but that has been a problem throughout the years.”

Len Richer – for the project

“is a Clinton Township trustee and also on the cemetery board.  There has been an issue for a long time across Rt 2.  They used to have water over Rt 2 and the graves and backyards, until the city fixed Enterprise.  That has helped but something still has to be done to get rid of the water in the holding pond.”

Paul Andre – for the project

Thank you to the city for the money they have put in to help so far.  It is a good time to do the project.  There are a lot of contractors that really want to be working and are bidding low.  It is a good time to act.  Drainage improvements, improve the neighborhood.”

Lowell Richer –for the project

own land and farm land that this drains into and thinks this improvement will help”

Dave Grieser – for the project

‘nobody likes the assessments but it is something that is needed.”

 

Commissioner Short closed the hearing at 11:19:18 a.m.

 

Mr. Creager explained the process of assessments if it is approved and the process of payment of those assessments.

 

During deliberations, Commissioner Genter stated that Wauseon has done their share to provide an outlet to retain the water and that is appreciated.  Trees do not bode well in waterways especially when there is tile underneath them.  If they are able to open up those tiles, there will be improved drainage.  He feels it is viable project.

 

Commissioner Short stated that he recognizes and appreciates the extensive work and that has been done by the City of Wauseon, the township and landowners.  In this case the useful life of the tiles is essentially over and they need to open things up. 

 

Commissioner Barnaby stated that we live in the Black Swamp and Fulton County has the 2nd most ditches in the state.  He further stated that you have to have adequate draining otherwise we will go back under water.  He believes the project has to move forward.

 

Commissioner Barnaby made the motion to affirm their prior order dated February 7, 2008 and Commissioner Genter seconded the motion.  Roll call vote:  Barnaby, yes; Genter, yes; Short, yes.  Motion Carried unanimously. 

 

The Board further ordered that the assessments will be paid over a period of 5 years.

11:31:51 AM

Adjourn

Commissioner Genter made the motion and Commissioner Short seconded the motion.  Motion Carried unanimously.

 

Approved:

 

 

Joseph D. Short

 

 

Dean Genter

 

 

Paul Barnaby

 

 

Attest:

 

Jennifer L. Connors, Clerk

 

 

A signed copy of the minutes or a recording of the meeting in it’s entirety can be obtained in the office of the Clerk of the Board at 152 S. Fulton St, Ste 270, Wauseon, Ohio  43567.