Delaware, Marion commissioners approve James watershed drainage project; deny owner exception

The Joint Board of Delaware County and Marion County Commissioners on Oct. 6 approved the James Joint County Watershed Drainage Improvement Project, affirmed the prior order, confirmed maintenance assessments and approved a payment schedule, the board said at a special session. The board also denied a written exception filed by the property owner.

Brett Bacon, deputy administrator for the Delaware Soil and Water Conservation District, summarized the final hearing report and the district's inspections. "We found that to be in good shape," Bacon said of the existing drainage infrastructure, and he told the board the district had accepted the system onto the county drainage maintenance program after a video inspection.

Bacon said the property owner, identified in filing as Stream and Wetlands Foundation, requested and completed replacement of an existing perforated tile with a nonperforated pipe to support a planned wetland mitigation bank. Soil & Water video-inspected the new installation and found it satisfactory for inclusion in the maintenance program.

The district presented a maintenance-base estimate of $31,646.14 and recommended a 5% initial annual special assessment collection to begin in 2027 to fund maintenance of the system.

The clerk acknowledged receipt of a written exception to the ditch petition filed by Stream and Wetlands Foundation asking for a zero assessment. A Soil & Water representative identified in the record as Fred recommended denying that exception, saying: "Our recommendation would be to deny this exception request." He explained that, under the Ohio Revised Code, property owners that receive benefit must share in maintenance responsibility.

Commissioner Andy Apothello moved to acknowledge receipt of and deny the exception (Resolution No. 25-05); Commissioner Bart Lewis seconded. The board conducted a roll-call vote. Commissioners Jeff Benton, Bart Lewis, Jerry Merrill, Andy Apothello and Commissioner Davidson voted "aye." The motion to deny the exception carried.

The board then proceeded to the formal finding on the improvement. The clerk read Resolution No. 25-06, finding in favor of the improvement, affirming the prior order, confirming maintenance assessments and approving the payment schedule. Commissioner Bart Lewis moved the resolution; the motion was seconded and approved by roll call with the same five commissioners voting "aye." The public hearing record shows no members of the public testified for or against the petition; the chair closed the hearing at 1:39 p.m.

The board's approvals finalize the local decisions described in Resolutions 25-05 and 25-06 and set the maintenance estimate and assessment structure described by Soil & Water. Details about individual property assessment amounts or the payment schedule language were not specified in the hearing record.

Resolutions and staff reports presented at the hearing reference the Ohio Revised Code requirements governing ditch and drainage proceedings; the specific statutory citation mentioned in the hearing record is section 6131.01 of the Ohio Revised Code.