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Benton County drainage hearings continue after notice and workmanship disputes on CD 9 and 14
Summary
After multi-year repair proceedings, the Drainage Authority accepted parts of contractor work but continued formal acceptance and assessment-setting for County Ditches 9 and 14 to allow staff to re-notify some affected landowners, re-check inspection quantities and verify incomplete clearing in specific reaches. The CD9 acceptance hearing was set for March 4 at 6 p.m.; CD14 was continued to June 3 at 6 p.m.
A lengthy Drainage Authority session on CD 9 and CD 14 on Feb. 4 focused on closing a multi-year repair process that included record reestablishment, a redetermination of benefits and contractor work in 2023–24. County-hired engineer Joe (Houston Engineering) gave a detailed technical and cost overview, and the authority and attendees debated notice requirements, the adequacy of contractor performance and how additional administrative steps will affect final assessments.
Joe summarized the process used to reestablish historical channel records and showed field borings and plan/profile drawings used to calculate sediment accumulation and original channel depth. He said CD 14’s repair report estimated a project cost of about $979,000 with a construction contract of roughly $520,000 (including wetland credits and engineering), and that CD 9’s engineer estimate was about $636,000 with construction bids below estimate (the low bidder performed both projects). "Within our repair report, we estimated a total project cost of $979,000," Joe said for CD 14.
County counsel’s guest attorney Hannah Shackle Jansen told the authority that the notice for the CD 9 contract-acceptance hearing was defective — "the CD 9 notice that was sent out was not, sent to everyone as is required by statute" — and advised the board to re-notify affected landowners on outlet systems (including CD 12 and CD 14 landowners) and to set a new date for contract acceptance so those owners may appear. The authority directed staff to mail additional notices and set a new contract-acceptance hearing date for CD 9 on March 4 at 6 p.m.
Because members of the public raised concerns about specific areas where clearing or mowing appeared incomplete and asked the authority to verify inspection quantities, the board continued the CD 14 acceptance and assessment item to June 3 at 6 p.m. Staff and the county’s engineer will re-check inspection records, on-site conditions (including photos/drone footage where helpful) and whether the contractor was paid for any areas not completed; the authority noted that extra inspections, mailings or engineering work would be charged to the ditch system and could change assessment numbers.
Numerous landowners testified about perceived benefits, vegetation left in easements, past private maintenance and how the redetermination of benefits led to large assessments on some parcels. The authority reminded landowners that the redetermination proceeding established the benefit percentages (the allocation method), while today’s acceptance and order would set final assessment dollar amounts based on the actual contract price and any verified extra work. The board recorded motions to set the CD 9 hearing (March 4, 6 p.m., location at county offices) and to continue the CD 14 hearing to June 3, 6 p.m., and asked staff to prepare updated notices and inspection summaries before those dates.
