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. |