Transcript

26 meeting of the Delaware County Board

of Commissioners. Would you please rise

and join me in the pledge of allegiance?

>> I pledge allegiance to the flag of the

United States of America and to the

republic for which it stands, one nation

under God, indivisible, with liberty and

justice for all.

>> All right. Uh, thank you very much. Uh,

it's good to see a big crowd. We got a

big agenda this morning. A lot to go

through. A lot of really important

topics this morning. Um, I'll start with

introductions. I'm Jeff Benton,

president of the board this year. Um,

normally to my right is our vice

president and fellow commissioner Gary

Merrell, but he's absent today. To my

left is fellow commissioner Barb Lewis,

our administrator Tracy Davies, and

deputy administrator Don Houston. Uh,

Chris Bats is standing in for our

council. So, we appreciate Chris being

here, and our clerks, uh, Kathy Melvin

and Jennifer Wolver, we can begin.

Resolution number 26-445

in the matter of approving electronic

record of proceedings from regular

meeting held June 22nd 2026.

>> So move

>> second discussion vote

>> vote on motion 26-445.

Mrs. Lewis

>> I.

>> Mr. Ben

>> I.

>> We do not have any public comment today.

That brings us to item number three,

resolution number 26-446

in the matter of approving purchase

orders and announced certificates and

payments of warrants in batch number CM

ABR0626

and memo transfers in batch number

MTBR0626.

>> So move

>> second discussion vote

>> vote on motion 26-446

Mrs. Lewis

>> I.

>> Mr. Mr. Benton.

>> Hi.

>> Resolution number 26-447

in the matter of a new liquor license

request from TOA Training Centers

Columbus LLC and foring to the Ohio

Division of Liquor Control with no

objections and no requests for a

hearing.

>> So move second discussion.

>> Vote.

>> Vote on motion 26-447.

Mr. Benton.

>> I.

>> Mrs. Lewis

>> I. Resolution number 26-448

in the matter of granting annexation

petition from agent for the petitioner

Laura McGregor Comquire requesting

annexation of 4362

acres of land in Delaware township to

the city of Delaware.

>> So move

>> second discussion

vote please

>> vote on motion 26-448

Mrs. Lewis

>> I.

>> Mr. Benton

>> I. Resolution number 26-449

in the matter of granting annexation

petition from agent for the petitioner

Laura McGregor comcquire requesting

annexation of 58.558

acres of land in Delaware township to

the city of Delaware

>> so move

>> second discussion vote please

>> vote on motion 26-449

Mrs. Lewis

>> I

>> Mr. Mr. Benton.

>> Hi.

>> Resolution number 26-450,

a resolution of necessity to levy an

additional tax in excess of the 10 mil

limitation for the purpose of

developmental disabilities programs and

services.

>> So move.

>> Second discussion.

>> Good morning, commissioners. Uh my name

is Christine Hodgej. I'm the

superintendent of the Delaware County

Board of Developmental Disabilities. I'm

serving for the last 11 years. Um, the

reason I'm here today is to request your

approval of a resolution of necessity

for a levy for the Delaware County Board

of Developmental Disabilities for the

purpose of operation of community

programs and services operated by DCBD.

Um, this uh this levy request is for a

1.8 mil additional levy for a 5-year

term. Um, as you all know, our prior

levy was defeated on May 5th and uh,

after tremendous review and analysis,

our board has passed a resolution uh, to

put this forward to you all. So, as you

know, um, we serve or about 2,300

eligible individuals in Delaware County

are our biggest budget driver is how we

fund services, which is through the

Medicaid match. that match our levy

funding has grown from 4 million in 2015

to about 18 million this year in 2026.

Um without this money, we will not be

able to continue serving people. We will

begin having to make um severe cuts to

our programs and our services to people.

Um we serve through early intervention,

through case management, and through

family support services. Um, on the

upside, we recently received a

three-year accreditation from the state

of Ohio, which is the highest

accreditation award that a board can

receive. So, we're proud of what we do

and the services we provide to our

community. We believe that these

services are vital to people with

developmental disabilities and their

families in Delaware County. So, on

behalf of our board, um, I'm requesting

your support of this levy request, um,

and this resolution of necessity 1.8 mil

additional.

I'd be happy to answer any questions.

>> And the existing levy would expire,

>> correct? Um, it actually expired at the

end of 25 and the last collections are

this year in 26.

>> Okay.

>> Yes. I mean, you've you provide

excellent services, vital services to

families and uh definitely support your

request. Thank you.

>> Yeah. Um uh Chris, we we've spent a lot

of time working on this. It's a tough

one. Um it is uh is asking for

additional dollars from from our

community and that's that's always a

challenge. Um the the May 5th levy was

very close. You know, I think it was

what 600 votes or something out of I

don't know 40,000 votes. I mean, so it

was very close. I think people

understand the value and the importance

of of the services you provide. Um, so

appreciate the board and you and your

team, you know, going back and learning

and and pivoting and and presenting a

different proposal. So, um, so anyway,

appreciate the the work and it is a

vital service. No, no doubt about it.

And I think our committee will support

at this time.

>> Thank you, commissioners.

>> Yep.

>> Any other comments? Vote. Jennifer,

>> vote on motion 26-450.

Mr. Benton,

>> I.

>> Mrs. Lewis,

>> I. Resolution number 26-451

in the matter of approving the 2027

budget for the Delaware County Veteran

Service Commission and authorizing the

necessary levy to raise the amount

approved.

>> So moved.

>> Second discussion.

>> Good morning, commissioners. Uh Brian

Gallagher with the County Veteran

Service Office. Uh you know, before you

is our 2027 budget. Um you've seen by

the numbers um that you know we we

presented you know we're still

increasing as far as you know demand but

it looks like it may be starting to

level off from you know where it's we

started you know 5 6 years ago to where

we are now you know our transportation

is you know tfold greater than what we

started off uh you know what we do for

services as far as helping with

disability claims and things like that

it's four to five times higher so It's

it's continuing to grow, but you know,

the the it's starting to look like the

leveling off. So, that's a that's a good

thing. Um you know, it's great that we

you know, we're able to help more and

more veterans. Um but it's also great to

see things to where maybe we're we're

finally starting to uh you know, level

off a little bit to where we know what

we're going to be going into the future.

>> Okay.

Comments. Uh once again, uh vital

services are provided to our vets and uh

you have a great staff and great

leadership, Brian, on on your part, on

Bill Ptorik's part and uh many others

and uh on on staff. So uh um and and I

think too you you've you've really been

able to help people in doing many new

things, providing you know so much more

as you said. as was provided uh few

years ago. So, so um I definitely

support the uh budget.

>> Yeah. Um yeah, thank you, Brian. Thanks,

thank the board and your whole team. I

know they do an outstanding job of

taking care of our veterans who need

need help for various reasons. And uh

it's really great to see, you know,

since when did you start in your

position? 20

>> 2020.

>> 2020. Okay.

>> Yeah. Late 2020.

>> Okay. It's been great to see, you know,

the the additional services provided to

our veterans who who who've earned it.

Um, so,

uh, again, and you went through the

highlights. Transportation, I know, is a

big part of of the services you provide,

uh, helping, uh, helping veterans with

their filing their claims and processing

their claims and so on. So, I know, you

know, and again, you've done a nice job

of of increasing the usage and and

helping our veterans. Um so um and you

do have a new location coming up next

fall. That's right.

>> Yes sir. That'll be great. It'll be

great also to be uh

>> you know out there with mental health DD

JFs

>> because we we do you know share a lot of

the same programs. So you know I've used

this time and time again. We just last

week had somebody coming in

>> uh you know looking for uh wanted to

hire veterans and somebody looking for a

job. And rather than us handle it, I

just, you know, send them over to the

Ohio Means Jobs with JFS. It'll be great

to to where they're they're going to be

right across the hallway from us.

Actually, the I think the Ohio Means

Jobs is going to be right across the the

actual door to it's going to be right

across from us, I believe. So, yeah.

>> Yeah.

>> Yeah. And that was a big part of why we

put those four agencies together is is

there is a lot of collaboration and

cooperation among the agencies. So, it's

great to see that.

>> And really, we found too with with uh so

many of these services, you can tell

someone, okay, go here and there and all

this, but somehow they don't make it

there.

>> And this way, it's it's just so easy for

them to find.

>> Yeah.

>> So,

>> okay. Um Jennifer, let's vote.

>> Vote on motion 26-451.

Mrs. Lewis,

>> I.

>> Mr. Ben,

>> I thank you. Thank you, Brian.

Resolution number 26-452

in the matter of approving the child

placement services contract first

amendment second amendments between the

Delaware County Board of Commissioners

the Delaware County Department of Job

and Family Services and Child Placement

Providers ODAS

Healthc Care Recovery Services and Ohio

MHS

Belmont Pines Hospital and RTC.

So moved.

>> Second discussion.

>> Good morning, commissioners. Bob

Anderson with Job and Family Services.

And that's only one contract. That's one

provider. Uh this is a contract for a

specific youth that's in our custody. Uh

high needs uh they work with the youth

on his daily needs and also independent

living.

>> Okay. And nominal increases?

>> Uh 2.78 for this increase.

>> Yeah. And placements with these

agencies,

>> it this one is just one. This is one

agency and one youth.

>> Okay. Okay. Very good. Any other

questions, comments?

>> No. Okay.

>> Vote Denver.

>> Vote on motion 452.

Mrs. Lewis

>> I.

>> Mr. Benton.

>> I.

>> Resolution number 26-453

in the matter of approving a transfer of

funds and a supplemental appropriation

for family children's first council.

>> So move.

>> Second discussion.

>> And this is our monthly transfer once we

reconcile our family children first

council funds. And also we were um lucky

enough to receive unspent funds from

Brown County and we're doing a

supplement to appropriations to expend

those funds.

>> Okay.

>> Boy, this they have they have really

grown too in in the services. They do an

excellent job.

>> Thank you.

>> Okay. Um vote please gentlemen.

>> Vote on motion 26-453.

Mr. Benton

>> I.

>> Mrs. Lewis.

>> I.

>> Thank you.

>> Thanks Bob. Resolution number 26-454

in the matter of accepting the sheriff's

office budget estimating the cost of

operating the jail and beating its

inmates for 2027.

>> So move

>> second discussion.

>> Good morning. Melroy, finance director,

Delaware County Sheriff's Office. Um

this um is just the estimated budget for

2027 for the cost to care for the

inmates um medical and um food.

>> Looks pretty consistent. No significant

changes between the the two years.

>> Not that we're anticipating.

>> Yeah. Good. Um, any questions or

comments? Vote, please.

>> Vote on motion 26-454.

Mrs. Lewis,

>> I.

>> Mr. Benton,

>> I.

>> Resolution number 26-455

in the matter of approving the first

addendum to the agreement between the

Delaware County Sheriff's Office, the

Delaware County Board of Commissioners,

and Flock Group Incorporated. So moved.

>> Second discussion.

>> Um this addendum would allow for the

installation of six additional cameras

to the um flock cameras that are already

installed and in use.

>> Okay. Um any other questions, comments?

Vote, please.

>> Vote on motion 26-455.

Mr. Benton,

>> I.

>> Mrs. Lewis,

>> I.

>> Thank you.

>> Thanks, M.

>> Thanks, Muel. Resolution number 26-456

in the matter for approving the FY2025

urban county community development block

grant program subsriate agreement

between the board of commissioners

Delaware County Ohio and the village of

Orander

>> so moved

>> second discussion

>> morning commissioners Justin Avi

director of finance and this item would

uh authorize a subreient agreement with

the village of Orander and the funding

will be used for improvements to the

intersection of Main Street and West

North Great.

>> Yeah, this is a a nice program. Good to

see Orander taking advantage of these

these funds that are available and going

to be a nice improvement to downtown

Ora. So, appreciate that they were able

to make this work.

>> Yes.

>> Um Jennifer, let's vote.

>> Vote on motion 26-456.

Mrs. Lewis,

>> I.

>> Mr. Batton,

>> I.

>> We're on page 252. Resolution number

26-457

in the matter of approving the FY2025

urban county community development block

grant program subsriant agreement

between the board of commissioners

Delaware County Ohio and people in need

of Delaware County Ohio.

>> So move second discussion.

>> Thanks commissioners. Uh this secondary

item would also authorize a subreient

agreement with people in need and it'll

fund a food access transit program.

>> Yeah. Again, another another example of

local agency in this case, nonprofit

taking advantage of these this unique

program that's available. We got

representatives from the transit board

here today, so I know it's a partnership

with them.

>> And again, I they're serving Orange

Count, Orange Township and those trans.

>> Correct. That's correct.

>> Yeah. So, I know we've tried to get the

word out that there is more funding

available through this program. Um, and

hopefully we can we can uh get even more

more projects done in the future.

>> Sure. Uh, thanks, Commissioners. We

actually have four other jurisdictions

signing up this year.

>> Oh, okay. So, they're in process,

>> right?

>> Okay, great. Great.

>> It's good to hear. Uh, questions or

comments? Vote, please.

>> Vote on motion 26-457.

Mrs. Lewis,

>> I.

>> Mr. Ben,

>> I.

>> Great. Thank you.

>> Thanks, Justin. We're on the bottom of

page 267, resolution number 26-458

in the matter of approving the owner's

agreement for Arrowhead at Evans Farm,

section 1, phase B.

>> So, second discussion.

>> Good morning, commissioners. Lee Boddar

with the engineers office for your

consideration. This is a standard owners

agreement for road and drainage

installations at Arrowhead at Evans

Farm, which is a 56 lot subdivision

located on the northwest corner of Piatt

Road in Hollandback Road in Berlin

Township. And we recommend your

approval.

>> Okay. Questions, comments, vote, please.

>> Vote on motion 26-458.

Mr. Benton,

>> I.

>> Mrs. Lewis,

>> I. Resolution number 26-459

in the matter of one approving a partial

vacation of existing drainage easement

and two accepting a replacement easement

on lot 200 in Pike Null subdivision

number two Berlin Township Delaware

County Ohio

>> second discussion

>> yes commissioners again for your

consideration the Pine Null subdivision

uh originated back in 1974 so it's a

very early subdivision. Uh section two

is located uh east off of Dunham Road uh

and south of 3637 in Berlin Township. Uh

this drainage vacation was requested by

the property owner and after review we

were uh able to uh negotiate a uh

partial uh vacation and a replacement

easement that will address the drainage

concerns and also meet the request of

the property owner. And we recommend

your approval. Thank you.

Thank you. Uh questions, comments, vote,

please.

>> Vote on motion 26-459.

Mr. Benton,

>> I.

>> Mrs. Lewis,

>> I.

>> Resolution number 26-460

in the matter of accepting the roads,

approving recommended speed limits,

establishing stop conditions, and

releasing the maintenance bonds for

Evans Farms Marketplace West section 4

phase A, Dublin Court, and Howard Farms

section 4. settlement.

>> Second discussion.

>> Yes, commissioner. For your

consideration, this releases the

maintenance bond, accepts 937 miles of

roadway, and establishes the 25 mph

speed limit, and establishes three stop

conditions within the uh at the required

locations within the Evans Farm

Marketplace West section 4 phase A, the

Dublin Court, and Howard Farm section,

which is located off Lewis Center Road

and Orange Township. And we recommend

your approval.

Questions, comments. Vote, please.

>> Vote on motion 26-460.

Mr. Benton,

>> I.

>> Mrs. Lewis,

>> I.

>> Resolution number 26-461

in the matter for approving right away

work permit summary sheet.

>> Some move.

>> Second discussion.

>> Yes, commissioners. Only 10 standard

utility rightway utility permits.

>> Yep. A lot more fiber work being done.

There is there is we receive a number of

calls in that regard and and we're able

to help people understand the uh the

accutramont thereof.

>> Right.

>> Right. Any questions, comments? Vote,

please.

>> Vote on motion 26-461.

Mr. Benton,

>> I.

>> Mrs. Lewis,

>> I.

>> Resolution number 26-462

in the matter of approving a relocation

agreement with Ohio Power Company A.

>> So moved.

>> Second. Discussion. Yes, commissioners.

For your consideration, this is an

agreement with a for the relocation of

transmission lines that are in relation

to the homeroad railroad overpass

project. Uh they will relocate them and

get them out of the way so that that

project can continue and we recommend

your approval to move forward.

>> Okay. Uh questions, comments, vote,

please.

>> Vote on motion 26-462.

Mr. Benton.

>> I.

>> Mrs. Lewis,

>> I. Resolution number 26-463

in the matter of one terminating the

contract with Commercial Land Management

Systems for 2026 2027 Roadside Milling

North and two awarding a bid and

approving a contract between the

Delaware County Commissioners and

Running G. Farms for 2026 2027 Roadside

Millowing North.

>> Second discussion.

>> Yes, commissioners for your

consideration. This resolution and the

next resolution that follows are in

relation to the 2026 north and south

mowing contracts. Uh we are seeking to

terminate the initial mowing contract

due to nonperformance and approving a

new contract that will cover the same

areas and scope of services with running

G Farms. Uh they were the second lowest

bidder for this project early on when

this went out to bid and we recommend

your approval to move forward.

>> Okay.

>> Okay. Very good. Questions or comments?

Vote, please.

>> Vote on motion 26-463.

Mr. Batton.

>> I.

>> Mrs. Lewis.

>> I. Resolution number 26-464

in the matter of one terminating the

contract with commercial land management

systems for 2026 2027 roadside mowing

south and two awarding a bid and

approving a contract between the

Delaware County Commissioners and

running G farms for 2026 27 roadside

mowing south.

>> So moved.

>> Second discussion. Not a whole lot more

to add. This is this the north or this

is the south part.

>> Correct.

>> Okay. Uh, vote please.

>> Vote on motion 26-464.

Mr. Benton,

>> I.

>> Mrs. Lewis,

>> I.

>> Thank you, Commissioner. Good.

>> Thanks, Lee.

>> I ju I just like to thank Lee

especially.

>> He's he's a busy guy.

>> Back.

>> Yes. Uh, so many calls have come in.

some of those calls uh regarding the

fiber installation and people um were

really frustrated and you handled those

calls beautifully. you put them in touch

with the right people, right companies

and then others who who uh contact you

regarding I think some people do travel

around the county and point out things

that they feel need to be changed and

some of these can't be changed. they get

into right away

and what the county can do and then you

can't always

we have to follow the law and absolutely

and uh stay within our our our rightways

and so so explaining to people all this

Lee requires a heck of a lot of time and

expertise and I know just with the calls

that I receive I just want to thank you

for taking care of them. Yeah.

>> Well, it's certainly our pleasure at the

engineers's office to address any

concerns that the public has. Um, nine

out of 10 calls are are basically

educational sharing. We share the

information that people understand.

There's a lot of assumptions, a lot of

false assumptions, who's responsible for

the particular right away and on and on

and on. And we feel that that's very

important to help people understand. And

so, we don't shy away from it. We

gravitate towards that. So, thank you.

uh because we do rely on the residents

to let us know things. They're our

second set of eyes and help us to see

what maybe needs to be addressed or how

we could help.

>> So, thank you very much, Commissioner,

for your help. You're welcome. Doing a

great job.

>> Okay, Jennifer.

>> Resolution number 26-465

in the matter of approving a real estate

sale and purchase contract.

>> So, move.

>> Second. Discussion.

>> Good morning, commissioners. Dana

McDaniel representing the Office of

Economic Development. So, as the clerk

stated, this resolution authorizes the

purchase of plus or minus 140.179

acres. This property is located in the

vicinity of US 42 and Smill Parkway. The

purchase of this property would be for

economic development purposes, intended

to position the property to attract new

businesses and jobs. As you know, the

county's 2023 economic development

strategy identified this area as one of

Delaware County's primary growth

corridors because of its access,

existing utilities, proximity the

Delaware Municipal Airport, existing

nearby industrial employers, and room

necessary for commercial and industrial

expansion. This primary growth corridor

is also very much the result of the

county's own investment, previous

investment in the extension of Sawmill

Parkway. This public investment combined

with recent investments by the city of

Delaware to extend utilities along the

site located in this vicinity

significantly adds to the site's overall

readiness. Purchasing this site supports

several specific recommendations of the

2023 strategy, which repeatedly

emphasizes creating a stronger inventory

of competitive development sites,

focusing investment along recommended

growth corridors, improving overall site

readiness, coordinating transportation,

utilities, and land use, attracting

employers that diversify the tax base,

and maintaining Delaware County's

competitive position not only within the

Columbus region, but also well beyond

this immediate area has also had a lot

of attention lately by potential

development. I'll go further and say

that the long-term economic benefits of

of uh if developed consistent with the

strategy would likely result in or

include attracting a large corporate

campus or advanced manufacturing

facility, supporting a mixeduse

employment center with office industrial

and commercial uses, generating

additional property income and sales tax

revenues, creating higher paying jobs

closer to where people live, and

preserving flexibility for future public

and private investment.

In effect, the county's purchase of this

property significantly helps to set the

conditions by which the county can and

likely will work with the private sector

to develop the site and again attract

new businesses and jobs.

This is all consistent with your e with

your own economic development strategies

emphasis on proactive economic

development and for these reasons staff

recommend purchase this property and

I'll try to answer any questions you may

have. Okay.

>> Okay.

>> Very important topic,

>> right? It it really is. I'm just so so

glad that you've done an excellent job,

Dana, and uh in in leading us and

leading our economic development

department. And uh this is this is this

is proactive getting getting out ahead.

So the land is there so it can be

developed and and it's such a crucial um

land and the placement of that land the

location. Could you could you mention a

little bit again about where the land

is?

>> Yes. So it's generally on the at the

south southern corners both west side

and east side of Sawmill and US 42 and

then there's another that's about 40

acres and then there's another 100 acres

a little bit further to the west on the

south side of US 42.

>> Okay. Right. Just a key key part of the

county and developing it is extremely

important the right development.

So, so jobs can be provided and uh um

thank you.

>> Yeah. Um yeah, and you've touched on

most of the points I was going to make.

Um this is a key part of our economic

development strategy and strategic plan

we put in place a couple years ago and

one of the key areas. Um and I mean this

is a major statement. you know, the the

county is committed to economic

development uh and proactively doing it

as you mentioned in key areas. Um, as we

all know, um, having the infrastructure

in place or nearly in place or right

right there is so important in economic

development and this this uh this area

has has those in place. And secondly,

the the probably the bigger challenge

we've had over the years is land

control. And uh this gives us control

over 140 very important acres for the

development of the southwest uh area of

the city of Delaware and and honestly

beyond that. I mean it'll continue to

develop beyond that. Um and so it's it's

very important for that. Um also, you

know, we spent I don't know it was 38

million, I think, on the Sawmill Parkway

corridor. Um and you know this sort of

investment just uh enhances the value

and and

you know it it finishes the vision you

know that we had for that corridor when

we when we developed it when we built

that parkway um so that we could provide

the economic development activity that

would diversify the tax base attract you

know really good employers and and so on

help the economy. So again, I think I

want to compliment you, Dana. I saw Nick

Langford here from the city of Delaware.

Great to see Nick joining us as well

today because this is a great

partnership with the city. Um all this

land is located within the city. Um but

you it shows we're working together and

we're going to attract some really

really strong employers and uh add

significantly to the county economy. So

great partnership with the city of

Delaware as well. Um, so with that, I

don't know if a lot of people worked on

this. Uh, Dana, you and your team I know

have spent a lot of time on Chad White.

Uh, Tracy spent a lot of time on this.

Uh, Eric Costeller, who's not here

today,

>> Eric did a great job putting this.

>> Yeah, great. It's it's a team effort and

really a big announcement for the county

and the city and and really the region.

I think a lot of the the employers we

attract will benefit the region,

obviously, not just the city and the

county. So, um, all right, I will I will

stop because I've talked enough. Um, but

it's it's a big deal. I'm really really

pleased to see this. This is a big

statement for for the county.

>> Um, Jennifer, let's vote for it. So,

I'll shut up.

>> Vote on motion 465.

>> Mr. Benton,

>> I.

>> Mrs. Lewis,

>> I.

>> Okay. Thank you very much.

>> Thank you.

Resolution number 26-466

in the matter of creating the Delaware

County Regional Transit Authority.

>> So moved.

>> Second.

>> Thank you so much, Commissioners. Andy

Vonick with Delaware County Transit. Uh

for your consideration and approval, DCT

is looking to become a regional transit

authority. This is in response to the

growth in ridership and the growth in

population as we look to continue to

serve more portions of our county. We

will serve the county. We will continue

to provide the service that we see. This

provides a legal framework for us to

execute that and improve upon the

service that has already seen massive

improvements. We do seek your approval

of this measure. I'm open to questions,

comments, or concerns.

>> Okay.

>> Thank you. Any questions, comments?

>> No, I I think you said it. You know, the

growth in in readership,

writership, I'm sorry. um uh one of the

fastest growing if not the fastest

growing county in the state and uh and

and the numbers that you show us each

month uh Andy bears this out and uh we

need to make sure that that uh we're

moving ahead and so we can serve

everyone in in the excellent manner in

which you're doing.

>> Thank you, ma'am. Yeah, this is more of

an administrative procedure, you know,

to reorganize the the transit board uh

legally so that we can uh you know

continue to grow and and structure the

board, the transit agency to provide

those growing amount of services. Uh

Jennifer, let's vote.

>> Vote on motion 26-466.

Mrs. Lewis,

>> I.

>> Mr. Bettton,

>> I

>> Mr. Merrell is absent. Sorry.

>> Still not here.

>> Thank you, Commissioner. Yeah, thank

you.

>> Thanks, Annie.

>> It is past 10 o' So, we start our

hearing.

>> Go ahead the hearing. Sure. Let's open

the hearing.

>> Yep. Um, we'll just note the time of

10:03.

>> All right. The next item on the agenda,

we're scaring a lot of people away.

>> We are. Yeah.

Um this is very important too. But

anyway um next item on the agenda is the

final hearing of the uh harsh number 480

drainage improvement project. I will um

go through the procedures today. Um I

want to welcome everyone to the final

hearing for the consideration of the

harsh 480 watershed drainage improvement

project. There's a sign-in sheet

circulating the room. We ask that you

please sign the sheet to indicate your

attendance and I'll go through what

we'll do today. We'll first hear a

summary of the final hearing report from

the county engineer and the soil and

water conservation district. U following

the summary presentation, there'll be a

time for questions from the board. After

board questions, the board will hear

from any interested owners that wish to

testify. Those speaking for or against

the petition must be an owner as defined

in section 613101 of the Rise Code.

We've had problems with that in the

past. you actually have to be the owner

or an attorney um who who speaks on

behalf of the owner. Um the board will

acknowledge receipt of any landowner

written testimony before hearing live

testimony. We'll first call all those

wishing to testify in favor of the

project. We will then call all those

wishing to testify in opposition to the

project. Before testifying, you will be

asked to take an oath. After all those

wishing to testify for or against the

project have been heard, there will be

an opportunity for responsive or

rebuttal testimony. The board will close

the public hearing. After all testimony,

evidence has been presented. After

listening to testimony in the report,

the engineer, the board will decide

whether to find in favor of the

improvement, affirm the previous order,

confirm the assessments, and approve the

payment schedule or the board may

dismiss the petition and set aside the

previous order. The board will consider

must consider the following factors in

making its decision. whether the

proposed improvement is necessary,

whether the proposed improvement will be

conducive to the public welfare, and

whether the cost of the proposed

improvement will be less than the

benefit the the improvement provides.

Okay. Um so with that, we will uh first

hear the summary of the final hearing

report and we have uh Brett Bacon from

the Soil and Water Conservation District

to lead us through that.

>> Good morning, commissioners. Brett

Bacon, deputy administrator, soil and

water. Uh, I will do the brief

presentation on the project and then be

happy to answer any questions the board

may have.

The harsh number 480 petition

specifically states in Delaware County,

Sciota Township within the harsh number

480 watershed and generally following

but not limited to the course and

termini of the existing improvements.

Further states to generally improve the

drainage both surface and subsurface to

a good and sufficient outlet by

replacing, repairing or altering the

existing improvements as required and or

creating new surface and subsurface

drainage mains or laterals as requested

by this petition. We have found and

repaired several broken and plugged tile

on this property as well as on parcel

number 20004

001

06800 0 and parcel number 2000400

01

03300

0 0. We have requested access to parcel

number 20004001

032000000

to repair any broken or plugged tile and

we have been denied access to this

property. We are willing to repair these

tile on other properties if we could

have access.

This petition was filed on September

8th, 2021 by Thomas M. and Christine

Lfin. On December 20th, 2021, the view

was held and on March 14th, 2022, the

first hearing was held.

The wershed is approximately 75 acres.

It is 48% agricultural, 45% rural

residential, 2% woods, and 4% road

rightway. The original petition was

signed by two individuals representing

one of the 25 parcels in the wershed.

proposed work, surface drain shaping and

grading, subsurface drain tile

replacement, erosion control measures,

drive culvert installations, clearing

and snagging, seating and mulching, and

additionally a portion of the subsurface

drain installed privately is proposed to

be accepted onto drainage maintenance.

Cost estimate the construction cost

$56,8369.

Administration survey and engineering

$3,68411.

Construction layout and inspection

$3,500. First year drainage maintenance

payment $4,973.91

and contingency $15,000 for a total

estimated construction cost of

$83,994.11.

The value of the uh subsurface drain to

be taken on to maintenance gives us a

total estimated maintenance base of

$119,452.17.

The revised code instructs the county

engineer to calculate the assessments to

individual property owners based on

benefits that are derived. The code goes

on to say uh specifically lands that

have been removed from their natural

state by deforestation, cultivation,

artificial drainage, urban development,

or other man-made causes shall be

considered as benefited by an

improvement required to dispose of the

accelerated flow of water from the

uplands.

Assessments are calculated by taking the

acres benefited times a land use factor

times percent use to give a parcel

assessment factor. The parcel percent

share then is the parcel assessment

factor divided by the sum of all the

assessment factors. And the parcel

assessment then is the percent share

times the total estimated cost.

Landowners may pay their assessment in

full upfront within 30 days of the final

hearing. They can also choose to have

the assessment placed on their property

taxes as a special assessment. Choosing

this option will incur uh interest fees

and an auditor treasurer's 2% collection

fee.

Quick amortization example. Our total

estimated construction cost of

$83,99411.

Average assessment, not including right

ofway, is $3,000 or a 3.6% share of the

project. 8-year repayment interest would

be $720 total. 8-year total construction

assessment then would be $3,720.

15-year repayment interest would be

$1,350

total for a total assessment of $4,350.

See the auditor treasures fees $74 uh

for 8 years and $87 for 15 years for a

total assessment 8 years $3,794

and 15 years $4,437.

This breaks down into uh eight-year

payments of $237.112

per half and 15-year payments of $147.90

per half.

All approved projects are advertised for

public bid with the lowest and best bid

to be awarded the contract. Bids may not

be acce accepted that are in excess of

the final hearing engineers estimate and

the final schedule assessments would be

reduced proada by the difference between

the estimated cost and the final cost if

the project ends up costing less. In

this case, upfront payments would

receive a refund.

Revised code 6137 requires completed

projects to be placed on drainage

maintenance with the purpose of

maintenance to be keep the project

operating at its designed capacity.

Maintenance funds are also collected as

a special assessment and common

maintenance activities include

inspections, seating, repairs, and

erosion control.

Maintenance assessments are determined

based on the final schedule of

construction assessments with most

projects averaging between 2 and a half

to 5% collection annually. Collection

percentage can vary depending on the

maintenance uh needs of the project and

drainage maintenance is perpetual.

Looking at our construction assessment

of $3,000 times a 3% maintenance

collection plus the auditor treasurer's

fees, this would give us a $91.80

annual maintenance assessment or $45.90

per half.

The benefits of drainage improvements

exist for both agricultural and

residential parcels. The benefit to

agricultural parcels is realized by the

increased yield as a result of good

drainage. Estimated yield increases

given the soils in the area would

average 46 bushels per acre for corn and

14 bushels per acre for soybeans.

Using USDA USDA average crop prices from

2021 to 2025 of 499 per bushel for corn

and 1226 per bushel for soybeans. And I

would like to point out um I altered

these numbers from what is in the final

hearing report just to reflect the most

current numbers. So, uh, this would be

the most, uh, up-to-date use of these

numbers. Uh, 36 acres of the land in the

wershed is currently agricultural. Uh,

this would produce an average annual

benefit of $8,263

for corn and $6,179

for soybeans for an average annual

benefit of $7,221

and a potential 20-year return of

$144,420.

These figures do not take into account

individual farm management practices and

are meant to provide a broader overview

of the benefits of improved drainage.

Individual properties may see more or

less than the average benefits based on

a variety of factors including farm

management practices, utilization of the

improved drainage, and seasonal

fluctuations. The provided examples do

illustrate the fact that good drainage

is a key factor in farm profitability

and would reflect positively when

considering a costbenefit analysis for

the individual sections of this project

as well as the project as a whole. It is

also fair to consider uh potential

benefits as potential losses if the

system ceases to function as a good and

sufficient outlet.

Benefits to residential parcels focus on

quality of life, neighborhood

perception, and homesite sewage

treatment systems. A failed homesite

sewage treatment system can cost $15,000

to $25,000 to repair or replace. New

developments uh average $16,000 per lot

spent on providing adequate drainage

outlets. With eight residential parcels

in the wershed, this would equal a

potential benefit of $128,000.

Decisions approval of the project is

also approval of accepting the existing

infrastructure onto drainage

maintenance. If the decision is to deny,

it is recommended to distribute costs

incurred to this point to the land

owners in the same ratio as determined

by the final schedule of assessments.

These estimated costs to date equal

$4,000.

Engineers recommendation. Based on all

of the information gathered and

generated, I believe this project as

proposed is technically feasible and

would serve as an adequate outlet for

the drainage needs of the wershed.

Furthermore, the parcel assessments for

this project are within the range of

assessments that can be expected for a

project of this scope. The testimony

brought to the board of commissioners by

the land owners as to whether the

benefits of this project exceed the

costs should be given significant

consideration in the decision to move

forward with this project.

>> Okay. Thank you, Brett. Uh, at this

point, do we have any questions for

Brett?

>> No, I don't either. Very, very thorough

report. Thank you, Brett. Um, okay. Now,

we will acknowledge the receipt of

landowner written testimony before we go

to live testimony. We did receive three

letters, two of which were from the same

same parcel.

>> We aren't permitted to um accept an

email. So, that's how that we ended up

with two. One of them they turned in a

letter. We received um objections from

Joseph Craft and Allison Craft and we

received objections from Brandon and

Nelly Petri.

>> Yep.

>> Okay. So, we acknowledge those receipts

of objections.

Um at this point, next would be to

call on anyone who wishes to testify in

favor of the project.

>> Yes. There was a resolution to

acknowledge.

>> Oh, we can we can acknowledge receipt of

those resolution. Thank you, Mr. Vets.

>> Resolution number 26-467

in the matter of the Delaware County

Board of Commissioners acknowledging

receipt of the written objection

exception to the assessment in the

proceedings for the harsh number 480

watershed drainage improvement project.

>> So, second discussion. Thank you, Chris,

for pointing that out. Good, good to

acknowledge that. Vote, please, member.

vote on motion 26-467.

>> Mrs. Lewis,

>> I

>> Mr. Bent,

>> I

>> Okay, now we will move on to uh testifi

testifying and first we'll do those uh

if anyone again you don't have to if

you're here um first call all those

wishing to testify in favor of the

project.

Uh, okay. We will ask one more time.

Anyone wishing to testify in favor of

the project?

Okay, we will move on to those wishing

to testify in opposition to the project.

Okay, come on up.

We will

we'll swear you in. If you could first

identify, give us your name and address

and which parcel number on the map if

you if you know which one it is.

>> Okay. Um, my name is Thomas M. Finins.

Uh, it's parcel number 20004

00001063002.

>> I think you're number seven.

>> Number

field.

>> I believe that is correct. Number yes,

number seven.

>> Okay.

>> Yes.

And I'm the original practitioner.

>> Okay.

>> Of the project.

>> All right. We've identified you. Well, I

will swear you in. You solemnly swear

the testimony you're about to give is

the truth, the whole truth, nothing but

the truth. So, hope you got it.

>> I do.

>> Okay, proceed.

>> Okay. Well, um well, first of all, I I

guess I would like to ask um if it's

possible to withdraw the petition at

this point in time, or are we too far in

the process to uh uh to do that?

>> I think the short answer, it isn't

possible at this point.

>> It's not not possible. It's in motion.

Pardon me.

>> It's in motion. We're at the final

hearing. It's either going to be

approved or deny or or continue going.

>> I I just wanted to

>> sure

>> basically put on the record that I I

requested to withdraw the petition. Um

looking at the petition and looking at

the costs and everything. Uh it really

it really appears like I I I saw the

numbers and everything and it it really

is a substantial amount of cost uh to do

the project. Um, initially our the

reason we submitted the petition was we

were struggling trying to get access to

different parses uh parcels to be able

to correct some of the issues that were

going on. Um, since this time uh and as

you're aware, it was originally filed

back in 2021. There's been substantial

amounts of improvements and changes to

the project since then. Uh two of the

parcels have already replaced uh a large

section of the the tiling that has gone

on in there. Um we have also replaced on

on parcel 7 and parcel 13 um different

uh different areas of the tile fix those

those areas. There are um some pieces of

the project that that really needs to be

done. Um, we've talked to the land owner

uh regarding that and that would be land

owner number 11. Um, and he has part of

uh the

parcel where it's the road rightway for

Route 37 where there's a substantial

amount of trees and and everything

that's blocking the the tile. and we

feel like that's probably the the most

significant deterrent to this project at

this point in time as far as uh the

drainage moving forward. Um we'd like to

request and we've talked to that loan

land owner to uh to be able to do that

process ourselves. I mean, we're willing

to um bear a large portion of the cost

and and fix that area and we feel like

we can do that at a substantially less

uh amount of cost than what's been

proposed uh in this whole project. So,

um, based off of that, that's that's one

of the reasons why we're recommending

that you potentially turn this down. Uh,

as as far as a overall project because,

um, again, it's a it's a substantial

cost to even the land owners around in

the area. It's a it is a it is a big big

cost. I was uh

surprised at the the large amount of the

cost. Uh the other question, one

question I did have is for the annual

maintenance cost. Um how how is that

being charged again and how long does

that go on? Is that a perpetual cost? Is

that

um does that get that maintenance happen

on a reg an annual basis? I mean is that

being charged on an annual basis as far

as for the whole project and and things

like that? I wanted to kind of get some

some additional information there. Um,

and then as far as the total cost of the

the project, I saw in there um your

total estimated maintenance base value

that includes the first year maintenance

payment, which I'm not sure why that's

included as your initial cost. Shouldn't

the cost instead of 119452

actually be 114478?

that annual maintenance is why would

that be part of the original project as

as far as that's that's concerned? Um

and let's see if this project's approved

um what are what would we be looking at

as far as a turnaround time as far as

getting this done? Again, this is

something if we took on the project or

and the project may not be look the same

as what obviously they're proposing, but

certainly we would make it so that it it

would would be sufficient. Um, we feel

like we could do it in a a lot more

timely manner than what what the

proposal would be at this point in time

because I know you've got to go through

the bidding process, the approval

process, then then scheduling. And I

mean it took 4 and 1/2 years basically

to get to this point. Are we looking at

another 2 to 3 4 years before even

anything is being done on the on the

project? We want to make sure that um

things are getting done a little more

timely than that as far as that's

concerned. So,

>> sure.

>> Um, and let's see. Um, another question

that I had relating to these this total

cost. Um, what is it with the road right

away for Route 37? What is the state's

obligation for maintaining that road

right away? Again, what we feel like

what's what's been the biggest culprit

of this whole drainage issue is the

trees and and everything that have grown

up in the rightway there. Um, I'm not

sure that's the property owner's

responsibility to take care of that. Is

it the state's responsibility? What

obligation do they have as far as

handling any of that kind of

information? So,

um I guess that would be

>> that's it.

>> That would be it as far as that's

concerned. So,

>> okay. Yeah,

>> good good questions, good good comments.

Um

>> I'll ask Brett to come up. I know one of

your Brett's the real expert on how the

allocations are are calculated, the

assessments and so on. But, um it is

>> perpetual

>> is perpetuity,

>> right? So, and then as far as the state

right away, how the maintenance

assessments are calculated and so on.

And oh, and timeline to get it done.

Brett can answer those, I'm sure.

>> So, I'm I'm going to try to remember all

the questions here. Um, the the high

revised code directs us to uh collect

the first year's maintenance and

consider that a cost of the project. So,

we're just following state law in in

doing that. Um, yes, drainage

maintenance assessments are perpetual.

uh maintenance funds can grow to 20% of

the original uh value of the project

unencumbered.

Um the question about the state

rightaway is a question for ODOT. I

can't answer um what ODOT takes on as

responsibility for maintaining that part

of their rightway. I will say that as a

general rule, uh rightaways are

maintained to keep water off the road.

They're not typically maintained a, you

know, to be optimum as private drainage

outlets. So I that would be a purely a

question for ODOT. So

>> no they but they are charged their share

of the

>> they they do have an assessment for the

for the project. It's it's not very much

because they're on the extreme

downstream end of this project. But

>> okay does that help?

>> Thanks. Um okay

any other comments questions? We'll turn

it over to the any other speakers then.

Anybody else want to speak in

opposition?

All right, one more chance. Anybody else

want to speak in opposition to the

petition?

Okay.

All right. We will move to questions

from the board. Any questions or

comments? Commissioner Lewis?

>> Oh, we'll close the public hearing. We

will note the time as 10:25. The hearing

is closed to the public.

>> Okay, that's the next step. Then um now

we decide in favor or and affirm the

previous odor, confirm the assessment

and approve it or to dismiss the

petition set aside. So Commissioner W.

>> Well, there's not much testimony today,

only one uh the original petitioner. Um

certainly

having large sections I believe that's

what was stated large sections of the

tile already uh replaced

and uh mentioned was made also of other

solutions. So, so um and also

substantial cost

I guess in unless Brett did you want to

add any comments? Okay. Okay. Uh it

seems to me that the costs then are

going to exceed the benefits.

>> Yeah. Yeah. That's where I am as well.

um since the original petitioners are

now opposing the petition and um have

done substantial work to improve the

drainage situation

um and have have plans or you know ways

to fix the remaining problems to a large

extent anyway. Um I I I agree I don't

think this is a petition that should be

approved. Um, so, um,

>> can ask the clerk to I'll ask the clerk

then to, uh, to, uh, read the motion,

>> uh,

>> denying the petition.

>> Okay. Resolution number 26-468

in the matter of the commissioner

setting aside the order for and

dismissing the petition for the harsh

number 480 watershed drainage

improvement due to the following

reasons. the cost is equal to or exceeds

the benefit of the improvement. The

improvement is not necessary and the

improvement is not conducive to public

welfare.

>> Okay. So, second um further discussion,

I would just add that uh we always

prefer that the private land owners

solve these problems themselves if they

can. Sometimes it just isn't possible.

So it sounds like the the landowners in

the wershed have worked out a solution

that

takes takes away the need for this this

special this

>> it looks as though the timing on this

even though it took a long time may have

come up with a with a solution certainly

that the land owners

>> yeah the private land owners generally

can do it quicker and cheaper and and

often times even better although our our

soil and water does an outstanding job

maintaining the 600 and some programs

that we have in place. Um, okay. Vote,

Jennifer.

>> Vote on motion 26-468.

Mr. Benton,

>> I.

>> Mrs. Lewis,

>> I. Resolution number 26-469

in the matter of ordering that the cost

for the proceedings of the harsh number

480 watershed drainage improvement

project including the cost incurred by

the board of commissioners the county

engineer and the Delaware County soil

and water conservation district in

making surveys plans reports and

schedules be distributed to the land

owners in the same ratio as determined

in the final estimated assessments

presented at the final hearing. So move

>> second further discussion. I would just

add that we have incurred some costs. I

think it was 4,000 B what you estimated

to date that will be allocated based on

the same methodology used for the

projection allocation of the cost of the

construction.

>> So u with that let's vote

>> vote on motion 26-469.

Mrs. Lewis

>> I.

>> Mr. B.

>> I.

>> Okay.

>> All right. Thanks everyone.

>> Next for participating. Oh, next on our

agenda is administrative reports.

>> Yeah, administrative reports.

>> Good morning. Tracy Davies,

administrator. Just uh happy 4th of July

coming up as we celebrate 250 years. I

thought I'd take a moment and thank all

of our America 250 committee members.

They've been working hard on

coordinating planning events over the

past two years now, I think, and will

continue throughout the the remainder of

the year. So, just want to take an

opportunity to thank them. Very, very

nice. Very well put, Mr. Lewis.

>> Well, uh, boy, 250 years. No nation has

had, uh, the freedoms that we have for

250 years. I mean, this is something

that that it's so easy to take for

granted. Uh

the freedoms that we have in our nation

and those who have died and served in

order to keep those freedoms and all the

work that is done throughout the years

and the Declaration of Independence, my

gosh, that we're uh celebrating. And I

mean it it it's just it's just a

beautiful statement of of uh of freedom,

equality. Um it's it's something we all

need to to to read again and to ponder

over after the Declaration of

Independence was passed on July 4th,

1776. Then the constitution was approved

in 1787

and uh which but the declaration of

independence really uh was the

foundation then for the constitution.

So, so it's it's important that we stop

and and realize how how very blessed

that that this nation is and uh we need

to uh to keep it going and we need to re

to continue to fight for that freedom

and and uh

>> wow,

>> very very well put. And um I I uh I went

along with my husband to the uh

Preservation Parks Foundation Gala uh

the other night and the work that

Preservation Parks is doing throughout

this county is is amazing and uh they

have new parks planned and improving

what they have too. So, so, uh, if you

ever looking for something to do and you

want to just go out and walk, do it. I

mean, they they showed, of course, um, a

lot of a lot of video of the parks and

everything and and uh, it's easy to

forget they're out there and and uh, we

should take advantage of it. That's it.

>> Okay. Yeah, the Preservation Parks does

an outstanding job. Um, and they they're

they're pretty well diversified across

the county. They are

>> their their parks are all over the

county. Um their last levy they laid out

a real real plain straightforward

strategy on how they were going to if

they if the voters approve their funding

to how they would deploy those funds and

the parks they would add and the

improvements and so on. They've done

exactly that. So just a great

organization very well run very well

led.

>> Yeah.

>> And well funded thanks to the voters of

Delaware County. Um we had a subco board

meeting on Friday and we are changing

the wellness program significantly going

forward. Details to be uh disclosed here

shortly but next year's wellness program

will be different. It'll be kind of the

same but different thresholds and so on.

So so stay tuned. I don't want we don't

have all the details worked out but we

had regional planning Thursday night so

I wasn't able to go to the the

preservation parks Gayla but um a lot of

activity as we all know in Delaware

County and a lot of good things going on

we got a land bank meeting this

afternoon at 1:30 to adopt a cyber

security policy so it should be a quick

one um and that is it also wanted to

just say I wore my American flag tie in

honor of our 250th since we don't have

session Thursday and and Saturday is the

4th. I just had to wear it today. So,

um, we do need to do executive session,

Jennifer.

>> We do. Resolution number 26-470

in the matter of a journey into

executive session for consideration of

employment discipline of a public

employer, public official, and for

collective bargaining.

>> So move.

>> Second discussion. Vote.

>> Vote on motion 26-470.

Mr. Benton

>> I.

>> Mrs. Lewis.

>> I.

>> All right. We are now adjourned into

executive session.