A homeowner in the Wagon Wheel area with extra dirt on his property is affecting water flow in the area.
Two residents from the Wagon Wheel area in Andover readdressed their concerns with the Butler County Commission Tuesday about a homeowner in the area with extra dirt on his property which is affecting water flow in the area.
Resident Joe Ammond said he has been waiting on something on the issue, but has has not heard anything on the levee or grade work on the neighboring property.
"I would like to ask the commissioners to come out to my house and look at it," Ammond said.
Commissioner Dan Woydziak said it was his understanding they were waiting on a study on the grade from the engineer.
"We are waiting on a comparative analysis from Goedecke Engineering," said Eric Triplett, Butler County flood plain administrator. "They will do a comparison to the state data. At that point, he will proceed with the final grading of the lot."
Woydziak told Ammond when they get the survey back they will address it at that time.
But Ammond still had questions.
"I am still questioning what I got from planning and zoning," he said. "They told me that the dirt would be hauled out after the footings were put in and that never happened. Now his whole property drains toward our property. I was asked last week if it's OK if I use Burt's dirt to make a drain levee. They are trying to squeeze over on our property now and drain all the water through our property."
County Administrator Will Johnson said they went out and looked at the property and there was a drainage area between the two properties to the east along the fence line that has to be removed.
That statement brought up another question for Ammond.
"What is the deal on the fence?" he asked. "I have received no letters saying anything about my fence, but I was told over and over the fence has to come out."
Triplett said that decision was part of a community action visit the state conducted in 2010 stating the fence needs a flood plain permit, and that was just an issue they have not dealt with yet.
"There is still a foot of dirt up on my fence," Ammond said. "Who tells him to pile stuff on my fence?"
Commissioner Jeff Masterson said when he was out at the property there was nothing on the fence.
"I think you have already made up your mind," Ammond said.
He went on to ask who told the contractor they could dump stuff along the river. He said last time he complained they took out three loads of materials.
Triplett said they can dump concrete or riprap along the creek but there cannot be any metal in it.
"Our inspector has handled this professionally, Joe," Masterson said. "Just because you're not happy, he has handled it professionally. We've had this conversation several times, Joe."
Ammond went back to the issue of his fence, saying, "I'm here to say if my fence is illegal, then I need that document."
Triplett said the fence needs a notarized certification saying it doesn't raise the flood water or it will have to be taken out.
"I am fairly certain there is nothing we are going to do that is going to make you happy in this situation," Woydziak said.
He said he was offended Ammond would say the inspector is taking sides and not being professional.
"If you don't like the way things are going you can either A. file a suit or B. you can comply with whatever is being asked," Woydziak said.
Masterson also pointed out this was not really a case for the commission and Triplett was handling it.
They also heard from David Woods, whose mother lives in Wagon Wheel and his permanent address is there although he does not reside there.
He reviewed some of the history of the area.
He said regulations state individual citizens cannot regulate building or construction priorities for communities without oversight.
"All of this is about disaster relief costs," Woods said.
He said the house in question was built in 1998 and was given a permit, but it is not legal in the floodway because it is not one foot above the base flood elevation.
"This is an ongoing thing," he said. "Now we have another one at 12722 SW Wagon Wheel Rd," he continued.
He thought that one had a base below flood elevation also.
"Why we're here is because this is an ongoing issue and it affects every citizen in Butler County who has flood insurance," Woods said. "If they drop Butler County from flood insurance no one will be able to sell a house in a flood plain. I don't think as a citizen I should have to enforce this."
The commission put the issue on the agenda for Oct. 29, as long as they have the written report by then because they cannot move ahead without that.