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MOUNT VERNON — June 20 marked the fourth anniversary of the state filing a civil suit to determine the owner of the Knox Cattle Company dam on Yauger Road.
Two Knox Pages readers asked about the dam’s status, one specifically concerned about the $1 million in American Rescue Plan Act money the county commissioners allocated toward dam repairs.
Knox County Common Pleas Judge Richard Wetzel presided over the case until the fall of 2022 when he recused himself due to a potential conflict of interest.
Visiting Judge James Kimbler presided until June of this year, when the potential conflict of interest was resolved, and Wetzel again assumed charge of the case.
The state filed the suit for the Ohio Department of Natural Resources.
A status conference is set for Sept. 23.
ARPA money
The Knox County commissioners allocated $1M in ARPA money for cattle dam repairs, but that money is now in jeopardy.
The county gave the $1M to the city to be used for “stormwater, sanitary sewer, and water supply projects.”
County Administrator Jason Booth said that from the county’s perspective, the county has complied with federal ARPA guidelines. Guidelines state the money must be allocated by Dec. 31, 2024.
Mount Vernon City Law Director Rob Broeren said the city is considered an ARPA sub-recipient and must also comply with federal guidelines.
“By Dec. 31 of this year, we must have a contract signed to do the work,” Broeren said. “The issue that we will run into is that without an owner [of the dam] to identify what that dam will look like, we can’t spend the money.”
Broeren said that if someone becomes the dam’s owner and makes arrangements to sign a contract by Dec. 31, the city can use the money for the dam.
However, if an owner is not identified by Nov. 15, the city will spend the money on another project.
“We have other stormwater projects that will benefit other parts of the city,” he said. “We told the court and people who are on the [conference] calls this two months ago.”
If the city does not identify a project and sign a contract by Dec. 31, it must return the money to the government.
Estimated repair costs for the cattle dam
In July 2022, Wetzel held public hearings to present solutions to residents. Following are the solutions and estimated costs identified:
•Repair and rehabilitate the cattle dam: $2.56 million construction, $36,500 annual maintenance
•Remove the dam: $1.39M construction, $38,500 annual maintenance (alternative scenario: $2.2M, $34200, respectively)
•Lower the height of the dam and incorporate flood-control measures: $1.61M construction, $35,700 annual maintenance
Reports vary, but construction costs increased around 3.2% and 2.3% over the last two years.
Of the initial $1M, $900,000 remains. The city used some money for Interim Risk Reduction Measures (IRRMs) and repairs.
“The city continues to monitor the dam. We recently met with ODNR to discuss further interim risk reduction measures at the dam based on current conditions,” Law Director Broeren said.
“We are hopeful that the risk reduction measures chosen will be compatible with the final solution for the dam.”
Broeren said potential IRRMs involve algae and the main pipe in the center of the dam. The lower water level affected the fish in the pond; the fish helped control algae and other plants.
A spark of optimism
Following a July 22 status conference, Judge Wetzel ordered property owners in The Landings Phase VII and Phase VIII to file copies of their title insurance.
Attorney Stephen Chappelear of Eastman & Smith represents many of those homeowners. He said Wetzel did not provide a reason.
“We’ll have a much better sense of that in the Sept. 23 conference,” he said.
Chappelear said Mullins Brothers, the State of Ohio, and homeowners in The Landings filed motions for summary judgment. A summary judgment means there is no dispute about facts; it is a matter of law.
“The judge indicated he read all of the motions pending; there were a number of them filed eight or nine months ago,” Chappelear said. “He anticipates issuing a ruling on those in short order. We’ll find out more on Sept. 23.”
Chappelear feels resolving the cattle dam case is possible by the city’s Nov. 15 ARPA deadline.
“The judge required the State of Ohio to serve the corporation that owns the real estate,” he explained. “That’s the Landings Property Owners Association Inc.”
In legal terminology, to serve means to notify of prosecution or litigation.
According to the Ohio Secretary of State’s Office, the Landings Property Owners Association Inc. was canceled in March 2015 because it failed to file a statement of continued existence.
