Commissioners dismiss Harsh No. 480 drainage petition after petitioner opposes project

The Delaware County Board of Commissioners dismissed a petition to construct the Harsh No. 480 watershed drainage improvement after a final hearing in which the original petitioner asked the board to withdraw and landowners described private repairs and alternatives.

Brett Bacon of the Delaware County Soil and Water Conservation District summarized the final hearing report, describing the watershed (about 75 acres, roughly 48% agricultural and 45% rural residential) and an engineers’ cost estimate. Bacon presented a construction estimate of $83,994.11, an administration and engineering estimate, and a resulting maintenance base of about $119,452.17. Using state assessment rules, he gave an example average construction assessment of roughly $3,000 per parcel (not including right‑of‑way) with amortization examples for eight‑ and 15‑year payment schedules.

The board acknowledged three written objections and heard live testimony from original petitioner Thomas M. Finins, who said he now opposed the county project and preferred to pursue private repairs on portions of the watershed. Finins said some parcels already had tile replaced and that targeted work — including tree removal in a Route 37 right‑of‑way area — might address remaining problems at lower cost. He asked whether maintenance assessments were perpetual and whether the first‑year maintenance collection should be treated as part of the project estimate; Bacon said Ohio Revised Code requires collecting the first year’s maintenance as part of project costs and confirmed maintenance assessments are perpetual.

Commissioners questioned the sufficiency of testimony and weighed benefits against costs. Several commissioners noted substantial private work already completed, that original petitioners were now opposing the petition, and that private landowners often can fix localized issues more quickly and cheaply. The board concluded the projected costs equaled or exceeded benefits and voted to set aside and dismiss the petition (Resolution 26‑468). The board also approved distributing incurred hearing and survey costs (approximately $4,000) to landowners using the same assessment methodology (Resolution 26‑469).

The board closed the public hearing and recorded votes on dismissal and cost allocation. No formal construction contract will move forward for the project unless the petitioner files a new petition or conditions change.