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Commissioner Short
convened the view at the site of the proposed improvement at
County Road 1 between Road D and EF, Commissioner Genter, Chief
Deputy Engineer, Rod Creager, Ron Holdeman and James Leu,
Swancreek Township Trustees were present together with various
landowners named in the petition.
Commissioner Short
turned the meeting over to Rod Creager. Mr. Creager explained
that a petition had been filed by Donald Anderson to install new
storm drainage along Township Road 1. An aerial map of the
proposed improvement area was presented, together with documents
outlining ORC 6131.
He explained that
the entire area used to be farmland that has been developed over
the years, which can sometime cause drainage issues. It was his
understanding that Mr. Anderson was ordered by the Court to hook
up to the tile on the road which is what he is trying to
accomplish through this petition.
Two landowners
present, Richard Kern and Tom Burzynski, also signed the
petition however informed Mr. Creager that when they signed it,
they were led by Mr. Anderson to believe it was only to put in a
series of catch basins and run tiles through the back of the
woods. They alleged that the issue being discussed today along
the road is not what was proposed to them by Mr. Anderson. Mr.
Creager explained that the petition can always be amended.
Commissioner Short
asked Mr. Holdeman and Mr. Leu, Swanton Township Trustees, what
their policy was as far as tying into the road. Mr. Holdeman
stated that they received a prosecuting attorney’s opinion
stating that natural running water can automatically go into the
catch basin however not anything that is pumped into it because
it is only put in for the purpose of road drainage.
A landowner
mentioned that Mr. Anderson is legally required to drain his own
water and that he would have to create an outlet. Mr. Creager
explained that this is what Mr. Anderson is trying to accomplish
by the filing of this petition. Another landowner stated that
he was required by court order to fill in this ditch 14 years
ago and that there were not water problems until he opened it up
again. Mr. Creager explained that to create the outlet, he
would have to go across 2 other properties and by permit of the
township trustees. A landowner explained that Mr. Anderson is
responsible for the North and South and doesn’t feel the others
should have to pay for him to satisfy his own legal
requirements. There were also concerns expressed by the
landowners that should this project move forward that Mr.
Anderson would be granted to perform the work. Mr. Genter
explained that these projects are publicly bid and that it would
be a conflict of interest for Mr. Anderson to bid on the
project.
The view took place
of the catch basin and the area of the proposed improvement.
They walked across CR 1 to find that water was laying in the
ditch. The walked to view the area of the pond and to the area
beside Mr. Anderson’s pond were fill had been dumped. A
landowner presented pictures showing water seepage on her
property from Mr. Anderson’s pond. Next they walked the
treeline and located the catch basins.
Mr. Creager
explained that Mr. Anderson only came in to their office after
he wasn’t able to hook up to the tile in the road. He explained
that the one of the purposes of the view is to find out if any
others are having any problems. Many landowners stated that
they do have water issues out back of the property, however they
are not concerned with it. He stated that they need to decide
the best way to address the prayer of the petition and how to
get Mr. Anderson to an outlet.
The 1st
hearing on this matter will be held in the Board Room of the
County Commissioners on Thursday, July 2, 2009 at 10:00 a.m.
The view concluded
at 11:30 a.m. |
