Ordinance 2019-07: Dedication of Water Plant Drive

ORDINANCE NO. 2019-07

AN ORDINANCE RATIFFYING THE ACCEPTANCE OF THE DEDICATION OF WATER PLANT DRIVE AS A PUBLIC STREET AND ALL UTILITY EASEMENTS ASSOCIATED WITH THIS STREET, AND DECLARING THE SAME AN EMERGENCY

 

WHEREAS, Water Plant Drive was conveyed to the Village of Antwerp and dedicated to the Village of Antwerp as a public street and the Village of Antwerp accepted this dedication; and

 

WHEREAS, the Council of the Village of Antwerp desires to ratify the acceptance of the dedication of Water Plant Drive as a public street and all utility easements associated with this street.

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, County of Paulding, State of Ohio:

 

Section 1.  The Village of Antwerp, Ohio, accepted the dedication of Water Plant Drive as a public street and acknowledges that Water Plant Drive has been a public street for all intents and purposes since such dedication.  The Council previously accepted such dedication by common law established by the public use and by the act of the Village authorities in maintaining and improving Water Plant Drive.  The Council hereby ratifies such acceptance in accordance with Ohio Revised Code § 723.03, and acknowledges the acceptance of Water Plant Drive as a public street and all utility easements associated with Water Plant Drive.

 

Section 2.  It is found and determined that all formal actions of the Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements.

 

Section 3.  This Ordinance is deemed an emergency measure necessary for the preservation of the public health, safety and welfare and for the further reason to ratify the acceptance of the dedication of Water Plant Drive as a public street within the Village of Antwerp, and this Ordinance shall take effect and be in force immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

Passed: __________________, 2019

 

 

____________________________________

Ray DeLong, Mayor

Attest:

 

________________________________

Aimee Lichty, Fiscal Officer

Resolution 2019-02: Necessity To Levy Fire Truck Tax

COUNCIL OF THE VILLAGE OF ANTWERP

PAULDING COUNTY, OHIO

RESOLUTION NO. 2019-02

A RESOLUTION OF NECESSITY TO LEVY A TAX THAT IS A RENEWAL

OF AN EXISTING LEVY IN EXCESS OF THE TEN-MILL LIMITATION

FOR THE PURPOSE OF PROVIDING AND MAINTAINING FIRE APPARATUS, APPLIANCES, AND EQUIPMENT INCLUDING A PUMPER/TANKER FIRE ENGINE AND FIRE GEAR FOR FIREFIGHTING PERSONNEL

(R.C. §§ 5705.03, 5705.19(I), 5705.191, 5705.192, and 5705.25)

 

The Council of the Village of Antwerp, Paulding County, Ohio (“Council”), met in regular session on ______________, 2019, with the following members present:

 

Rudie Reeb

Kenneth Reinhart

Dean Rister

Mike Rohrs

Keith West

Jan Reeb

 

________________________ moved the adoption of the following Resolution:

 

 

PREAMBLE

 

WHEREAS, the amount of taxes that will be raised within the ten-mill limitation will be insufficient to provide for the necessary requirements of the Village of Antwerp, Paulding County, Ohio (“Village”); and,

 

WHEREAS, it is necessary to levy a tax in excess of the ten-mill limitation; and,

 

WHEREAS, the levy would be for the purpose of providing and maintaining fire apparatus, appliances, and equipment including a pumper/tanker fire engine and fire gear for firefighting personnel, said purpose being authorized by R.C. § 5705.19(I); and,

 

WHEREAS, a resolution declaring the necessity of levying a tax that is a renewal of an existing levy, pursuant to R.C. § 5705.19(I), outside the ten-mill limitation must be approved and certified to the Paulding County Auditor (“Auditor”) in order to permit the Council to consider the levy of such a tax and must request that the Auditor certify to the Council the total current tax valuation of the Village, and the number of mills required to generate a specified amount of revenue, or the dollar amount of revenue that would be generated by a specified number of mills.

 

 

 

RESOLUTION

 

NOW THEREFORE, BE IT RESOLVED, by the Council, at least two-thirds (2/3rds) of all of the members of the Council concurring, as follows:

 

1.                  The amount of taxes that will be raised within the ten-mill limitation will be insufficient to provide for the necessary requirements of the Village.

 

2.                  It is necessary to levy a tax in excess of the ten-mill limitation.

 

3.                  Pursuant to R.C. § 5705.03(B)(l):

 

a.                   The purpose of the tax is as follows:  To provide and maintain fire apparatus, appliances, and equipment including a pumper/tanker fire engine and fire gear for firefighting personnel in the Village.

 

b.                  The type of levy is as follows:

 

________        additional levy

 

X                renewal levy:   ______increase   ______decrease

 

________        replacement levy:        ______increase   ______decrease

 

c.                   The sections of the Revised Code authorizing submission of the question of the tax are R.C. §§ 5705.03, 5705.191, and 5705.25 and the following:

 

§ 5705.19(I)

 

d.                  The term of the tax is as follows (in years or continuing):

 

5 years

 

e.                   The territory where the tax is to be levied is as follows:

 

X                Upon the entire territory of the Village

 

_______          If authorized by the Revised Code, the following described portion of the territory of the Village:

 

______________________________________________________.

 

f.                   The date of the election at which the question of the tax shall appear on the ballot is as follows:

 

November 5, 2019

 

g.                  The territory where the ballot measure is to be submitted is as follows:

 

X                Upon the entire territory of the Village

 

________        If authorized by the Revised Code, the following described portion of the territory of the Village:

_____________________________________________________.

 

h.                  The tax will be first levied and collected as follows:

 

The tax year in which the tax will first be levied is 2020; and

 

The calendar year in which the tax will first be collected is 2021.

 

i.                    The Village has territory in Paulding County and each of the following listed counties:  None other than Paulding County.

 

4.                  Pursuant to R.C. § 5705.03(B)(l), the Fiscal Officer is hereby directed to certify a copy of this Resolution to the Auditor. The Council hereby requests that the Auditor certify to this Council the following:

 

a.                   The total current tax valuation of the Village; and

 

b.                  The number of mills required to generate the following amount of revenue; or,

 

$________________________

 

c.                   The dollar amount of revenue that would be generated by the levy of the following mills: 2.63 mills.

 

5.                  All formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of the Council, and all deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including R.C. § 121.22.

 

6.                  This Resolution shall be in full force and effect immediately upon adoption.

 

______________________________ seconded the motion.

 

Voted on and signed this ____ day of ___________, 2019, Village of Antwerp, Paulding County, Ohio.

 

 

 

________________________________________________

RAY DELONG, MAYOR OF THE VILLAGE OF ANTWERP

 

ATTEST:

 

 

________________________________

AIMEE LICHTY, FISCAL OFFICER

 

First Reading: ____________________

 

Second Reading: __________________

 

Third Reading: ___________________

 

 

State of Ohio

Paulding County

 

I, the undersigned Fiscal Officer of the Village of Antwerp, Paulding County, Ohio, hereby certify that the foregoing Resolution No. 2019‑02 is taken and copied from the record of proceedings of the Council of the Village of Antwerp, Paulding County, Ohio, and that it has been compared by me with the Resolution on the record and is a true and accurate copy.  Further, I certify that the adoption of such Resolution occurred in an open meeting held in compliance with R.C. § 121.22.

 

Date:  _______________

 

__________________________________________

Aimee Lichty, Fiscal Officer of the Village of Antwerp, Paulding County, Ohio

Resolution 2019-01: Necessity to Levy Current Existing Tax

COUNCIL OF THE VILLAGE OF ANTWERP

PAULDING COUNTY, OHIO

RESOLUTION NO. 2019-01

A RESOLUTION OF NECESSITY TO LEVY A TAX THAT IS A RENEWAL

OF AN EXISTING LEVY IN EXCESS OF THE TEN-MILL LIMITATION

FOR THE PURPOSE OF CURRENT EXPENSES

(R.C. §§ 5705.03, 5705.19(A), 5705.191, 5705.192, and 5705.25)

 

The Council of the Village of Antwerp, Paulding County, Ohio (“Council”), met in regular session on ______________, 2019, with the following members present:

 

Rudie Reeb

Kenneth Reinhart

Dean Rister

Mike Rohrs

Keith West

Jan Reeb

 

________________________ moved the adoption of the following Resolution:

 

 

PREAMBLE

 

WHEREAS, the amount of taxes that will be raised within the ten-mill limitation will be insufficient to provide for the necessary requirements of the Village of Antwerp, Paulding County, Ohio (“Village”); and,

 

WHEREAS, it is necessary to levy a tax in excess of the ten-mill limitation; and,

 

WHEREAS, the levy would be for the purpose of current expenses, including street lighting expenses, said purpose being authorized by R.C. § 5705.19(A); and,

 

WHEREAS, a resolution declaring the necessity of levying a tax that is a renewal of an existing levy, pursuant to R.C. § 5705.19(A), outside the ten-mill limitation must be approved and certified to the Paulding County Auditor (“Auditor”) in order to permit the Council to consider the levy of such a tax and must request that the Auditor certify to the Council the total current tax valuation of the Village, and the number of mills required to generate a specified amount of revenue, or the dollar amount of revenue that would be generated by a specified number of mills.

 

RESOLUTION

 

NOW THEREFORE, BE IT RESOLVED, by the Council, at least two-thirds (2/3rds) of all of the members of the Council concurring, as follows:

 

1.                  The amount of taxes that will be raised within the ten-mill limitation will be insufficient to provide for the necessary requirements of the Village.

 

2.                  It is necessary to levy a tax in excess of the ten-mill limitation.

 

3.                  Pursuant to R.C. § 5705.03(B)(l):

 

a.                   The purpose of the tax is as follows:  To provide for current expenses, including street lighting expenses in the Village.

 

b.                  The type of levy is as follows:

 

________        additional levy

 

X                renewal levy:   ______increase   ______decrease

 

________        replacement levy:        ______increase   ______decrease

 

c.                   The sections of the Revised Code authorizing submission of the question of the tax are R.C. §§ 5705.03, 5705.191, and 5705.25 and the following:

 

§ 5705.19(A)

 

d.                  The term of the tax is as follows (in years or continuing):

 

5 years

 

e.                   The territory where the tax is to be levied is as follows:

 

X                Upon the entire territory of the Village

 

_______          If authorized by the Revised Code, the following described portion of the territory of the Village:

 

_____________________________________________________.

 

f.                   The date of the election at which the question of the tax shall appear on the ballot is as follows:

 

November 5, 2019

 

g.                  The territory where the ballot measure is to be submitted is as follows:

 

X                Upon the entire territory of the Village

 

________        If authorized by the Revised Code, the following described portion of the territory of the Village:

_____________________________________________________.

 

h.                  The tax will be first levied and collected as follows:

 

The tax year in which the tax will first be levied is 2020; and

 

The calendar year in which the tax will first be collected is 2021.

 

i.                    The Village has territory in Paulding County and each of the following listed counties:  None other than Paulding County.

 

4.                  Pursuant to R.C. § 5705.03(B)(l), the Fiscal Officer is hereby directed to certify a copy of this Resolution to the Auditor. The Council hereby requests that the Auditor certify to this Council the following:

 

a.                   The total current tax valuation of the Village; and

 

b.                  The number of mills required to generate the following amount of revenue; or,

 

$_____________________

 

c.                   The dollar amount of revenue that would be generated by the levy of the following mills: one-mill.

 

5.                  All formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of the Council, and all deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including R.C. § 121.22.

 

6.                  This Resolution shall be in full force and effect immediately upon adoption.

 

______________________________ seconded the motion.

 

Voted on and signed this ____ day of ___________, 2019, Village of Antwerp, Paulding County, Ohio.

 

 

 

________________________________________________

RAY DELONG, MAYOR OF THE VILLAGE OF ANTWERP

 

ATTEST:

 

 

________________________________

AIMEE LICHTY, FISCAL OFFICER

 

First Reading: ____________________

 

Second Reading: __________________

 

Third Reading: ___________________

 

 

State of Ohio

Paulding County

 

I, the undersigned Fiscal Officer of the Village of Antwerp, Paulding County, Ohio, hereby certify that the foregoing Resolution No. 2019‑01 is taken and copied from the record of proceedings of the Council of the Village of Antwerp, Paulding County, Ohio, and that it has been compared by me with the Resolution on the record and is a true and accurate copy.  Further, I certify that the adoption of such Resolution occurred in an open meeting held in compliance with R.C. § 121.22.

 

Date:  _______________

 

__________________________________________

Aimee Lichty, Fiscal Officer of the Village of Antwerp, Paulding County, Ohio

Resolution 2019-04: Antwerp PD With PC Sheriff Marcs Radios

RESOLUTION NO. 2019-04

A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE VILLAGE OF ANTWERP AND THE PAULDING COUNTY SHERIFF’S OFFICE FOR THE USE OF GRANT FUNDS TO PURCHASE MARCS PORTABLE AND MOBILE RADIO UNITS TO BE UTILIZED BY VARIOUS AGENCIES IN PAULDING COUNTY, INCLUDING THE VILLAGE OF ANTWERP POLICE DEPARTMENT, AND DECLARING AN EMERGENCY

 

WHEREAS, the Paulding County Sheriff’s Office has been awarded grant funds from the Home Land Security to purchase MARCS portable and mobile radio units that may be utilized by various agencies in Paulding County, including the Village of Antwerp Police Department; and

 

WHEREAS, the Paulding County Sheriff’s Office agrees to provide the Village of Antwerp with six (6) portable radios and three (3) mobile radios to be utilized by the Village Police Department.  These radio units will be owned by the Paulding County Sheriff’s Office for ten (10) years and thereafter ownership shall be transferred to the Village of Antwerp consistent with the terms of the grant; and

 

WHEREAS, this Council now wishes to approve the acceptance of these radio units with the understanding that the Village agrees to provide all maintenance for the radio units received and shall pay the monthly user fee to MARCS, and the Council wishes to authorize the execution of any necessary documents, including a Memorandum of Understanding (“MOU”) with the Paulding County Sheriff’s Office to this effect.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Antwerp, County of Paulding County, State of Ohio:

 

Section 1. This Council formally approves the acceptance of the six (6) portable radios and three (3) mobile radios to be utilized by the Village of Antwerp Police Department in accordance with the grant awarded to the Paulding County Sheriff’s Office.

 

Section 2. This Council further authorizes and directs the Mayor of the Village to execute any documents necessary, including a Memorandum of Understanding with the Paulding County Sheriff’s Office, in substantially the same form as set forth in Exhibit A, attached hereto and incorporated herein by reference, to effectuate the acceptance of these radio units with the condition that ownership will transfer to the Village in ten (10) years and, in addition, the Village will provide all maintenance for the radio units received and pay the monthly user fee to MARCS.

 

 

Section 3. It is hereby found and determined that all formal actions of this Council concerning or relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.

 

Section 4.  This Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village and for the further reason that the Village needs to receive the radio units from the Paulding County Sheriff’s Office in order to participate in the county-wide dispatch system, and this Resolution shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

Passed this ____ day of March, 2019.

 

_____________________________________

Ray DeLong, Mayor

 

Attest:

 

_______________________________

Aimee Lichty, Fiscal Officer

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution 2019-03: Agreement With Ohio First Responders Grants LLC

RESOLUTION NO. 2019-03

A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A GRANT WRITING SERVICES AGREEMENT ON BEHALF OF THE VILLAGE OF ANTWERP EMS DEPARTMENT WITH OHIO FIRST RESPONDER GRANTS, LLC, AND DECLARING THE SAME TO BE AN EMERGENCY

 

WHEREAS, the Village of Antwerp desires to provide adequate EMS services for the residents of the Village of Antwerp; and

 

WHEREAS, the Village of Antwerp desires to engage the services of Ohio First Responder Grants, LLC to complete and submit a grant application to procure cardiac monitors and automated CPR devices for the Village EMS Department; and

 

WHEREAS, Council desires to obtain such financing and authorizes the Mayor to enter into the proposed Grant Writing Application Agreement with Ohio First Responder Grants, LLC.

 

NOW THEREFORE, BE IT RESOLVED by the Council of the Village of Antwerp, County of Paulding, Ohio:

 

Section 1. That the Mayor be and is hereby authorized to enter into the Grant Writing Application Agreement with Ohio First Responder Grants, LLC for the completion and submission of a grant application to procure cardiac monitors and CPR devices on behalf of the Village of Antwerp EMS Department, a copy of such Agreement attached hereto as Exhibit A.

 

Section 2. It is hereby found and determined that all formal actions of this Council concerning or relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.

 

Section 3. This Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village and for the further reason to obtain the financing necessary to procure the cardiac monitors and CPR devices on behalf of the Village of Antwerp EMS Department, and this Resolution shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

 

 

 

 

Passed this _____ day of March, 2019.

 

 

 

__________________________

Ray DeLong, Mayor

Attest:

 

___________________________

Aimee Lichty, Fiscal Officer

Ordinance 2019-06: Amend Personnel Manual

ORDINANCE NO. 2019-06

AN ORDINANCE ADOPTING AMENDMENTS TO THE PERSONNEL MANUAL

FOR THE VILLAGE OF ANTWERP, OHIO, SPECIFICALLY, AMENDMENTS TO THE CREDIT CARD POLICY (SECTION 9.06(C)) AND THE SICK LEAVE POLICY (SECTION 10.02(G), SECTION 10.05(B), AND ADDING PARAGRAPHS C AND D TO SECTION 10.05), AND DECLARING THE SAME AN EMERGENCY

 

WHEREAS, the Council of the Village of Antwerp desires to amend the Personnel Manual for the Village of Antwerp, Ohio.

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, County of Paulding, and State of Ohio:

 

Section 1.  The Council of the Village of Antwerp, Ohio, amends the Personnel Manual, and adopts a revised credit card policy as required by Auditor of State Bulletin No. 2018-003. The revised credit card policy at Section IX, Section 9.06, paragraph C, adopts the compliance officer model and includes the criteria as required by Bulletin No. 2018-003.  The sick leave policy at Section X is also amended, specifically Section 10.02, paragraph G to limit the unused balance of accumulated sick leave when an employee transfers from one public agency to another to one-half (½) of such balance; Section 10.05, paragraph B on the length of active service to elect a cash payment of accrued but unused sick leave at the time of retirement to clarify that to be eligible, Employee must have ten (10) years of contiguous active service with the Village; and Section 10.05 to add paragraphs C and D to clarify that Employee can elect a cash payment of accrued but unused sick leave only when Employee is eligible for retirement as defined in the Personnel Manual. A copy of the amendments to the Personnel Manual is attached hereto and made a part hereof as Exhibit A.

 

Section 2.  It is found and determined that all formal actions of the Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements.

 

Section 3.  This Ordinance is deemed an emergency measure necessary for the preservation of the public health, safety and welfare and for the further reason to modify the Personnel Manual effective upon passage of this Ordinance, and this Ordinance shall take effect and be in force immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

Passed this ______ day of February, 2019.

 

Attest:                                                               ____________________________________

Ray DeLong, Mayor of the Village of Antwerp

_____________________________

Aimee Lichty, Fiscal Officer

EXHIBIT A

 

SECTION IX:  HOURS, COMPENSATION AND BENEFITS

 

Section 9.06 Expense Reimbursement

 

C.        Credit Card Policy

 

1.    The Village adopts the Compliance Officer Model for the Village’s credit card usage.  The Mayor shall have the authority to appoint the compliance officer.  The compliance officer will not be the treasurer and/or fiscal officer and will not be an authorized user of the card credit.

 

2.    The credit cards issued in the name of the Village may be used only by or at the direction of officers and positions authorized to use such credit cards.  The following officers and positions have control of a Village credit card and are authorized to use and/or provide authorization for the use of the Village’s credit card:  Chief of the Police Department, Village Administrator, Treasurer and/or Fiscal Officer, Mayor, EMS Coordinator, EMS Clerk, Clerk of Mayor’s Court, and Water/Sewer/Street Superintendent.

 

3.    The credit card may be used for the following expenses:  stamps / postage, supplies, equipment, rental equipment, training, and travel expenses, including but not limited to hotel accommodations, meals, and gas purchases.  Travel expenses does not include the purchase of movies or video games, or other unauthorized expenditures while a guest in a hotel and traveling for Village purposes, and any alcohol and gratuities for meals purchased.

 

4.    At the beginning of each calendar year, each authorized user of a Village credit card must complete a form identifying whether said authorized user is in possession of a credit card and such form must be kept on file in the Village.  This form must also be completed when any new credit cards are re-issued due to the expiration of the same or any other reason which may require the Village to have new credit cards issued.

 

5.    Other than for the blanket purchases of postage for each department, the authorized users of the credit card must complete a PNC Credit Card Purchases Itemization form, which sets forth the date of purchase, Employee making the purchase, name of vendor, amount charged, description of purchase, which department is to be charged with such purchase, and include a copy of the receipt of such purchase and submit the same to the fiscal officer.  The fiscal officer must complete a Purchase Order for each purchase, and the itemization, receipt, and purchase order for each such purchase must be maintained by the fiscal officer.

 

6.    On a monthly basis, the fiscal officer will provide the credit card statements to the compliance officer for review, along with the completed itemization forms, receipts, and purchase orders for each credit card purchase set forth on the monthly statements.  Once the statements and supporting documents are reviewed and approved by the compliance officer, the compliance officer will sign or initial the monthly statements to memorialize such review and approval.

 

7.    On a quarterly basis, the compliance officer must review the number of cards issued, the number of active cards issued, the cards’ expiration dates, and the cards’ credit limits.

 

8.    At the termination of an officer’s term of service or termination of employment of an authorized user, the officer or authorized user must return the credit card to the Department Head and a receipt will be completed memorializing the return of such card.  The fiscal officer shall prepare and submit the necessary form to remove the name of an authorized user of the credit card to the issuing credit card company and add any new authorized users as necessary.

 

9.    Any lost or stolen credit card must be reported to the treasurer and/or fiscal officer who shall report the same to the credit card company.

 

10. The credit limit for each Village credit card shall not exceed $7,500.00.

 

11. The purchase of any item not in compliance with this policy will be considered a misuse of the credit card and subject to review by the Department Head.  Any misuse of a credit card shall be subject to discipline as set forth in this Manual, which may include but is not limited to the reimbursement to the Village of the monies expended for any unauthorized purchase and/or the return of such credit card.

 

SECTION X:  SICK LEAVE

 

Section 10.02           Crediting of Sick Leave

 

G.        The previously accumulated sick leave of an Employee who has been separated from the public service shall be placed to the Employee’s credit upon the Employee’s re-employment as a full-time Employee with the Village, provided that such re-employment takes place within ten (10) years of the date on which the Employee was last terminated from public service.  This ten-year period shall be tolled for any period during which the Employee holds elective public office, whether by election or by appointment.  An Employee who transfers from one public agency to another shall be credited with one-half (½) of the unused balance of the Employee’s accumulated sick leave.

 

Section 10.05           Payment for Unused Sick Leave

 

B.        A current full-time Employee of the Village may elect, at the time of retirement from active service with the Village, and with at least ten (10) contiguous years of full-time service with the Village, to be paid in cash for one-half (½) the value of the Employee’s accrued but unused sick leave credit.  The payment shall be based on the Employee’s rate of pay at the time of retirement and eliminates all sick leave credit accrued but unused by the Employee at the time payment is made.  An Employee may receive one (1) or more payments under this section.

 

C.        If a current full-time Employee dies, instead of any cash payment of accrued but unused sick leave credit being payable to the Employee’s estate, the Village provides a life insurance policy for each full-time Employee that provides a death benefit to be paid to any beneficiaries designated by the Employee.

 

D.        Employees who do not retire but who terminate Village employment, or whose Village employment is terminated for any reason, or who transfer employment, shall not be eligible for such any cash payment of accrued but unused sick leave credit as described in this section.

 

 

 

Ordinance 2019-05: Adopting Ohio Basic Code

ORDINANCE NO. 2019-05

AN ORDINANCE APPROVING, ADOPTING AND ENACTING AMERICAN

LEGAL PUBLISHING’S OHIO BASIC CODE, 2019 EDITION, AS THE CODE

OF ORDINANCES FOR THE VILLAGE OF ANTWERP, OHIO, AND

DECLARING THE SAME AN EMERGENCY

 

WHEREAS, the present general and permanent ordinances of the Village of Antwerp, Ohio (“Village”) are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the Village and for the proper conduct of its affairs; and

 

WHEREAS, the American Legal Publishing Corporation publishes a Code of Ordinances suitable for adoption by municipalities in Ohio; and

 

WHEREAS, it is necessary to provide for the usual daily operation of the Village and for the immediate preservation of the public peace, health, safety and general welfare of the Village that this Ordinance take effect at an early date.

 

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF ANTWERP, COUNTY OF PAULDING, STATE OF OHIO:

 

Section 1.        American Legal Publishing’s Ohio Basic Code, 2019 Edition, as reviewed and approved by the Council of the Village, is hereby adopted and enacted. Any prior version of the Ohio Basic Code which may have been previously adopted by the Village is hereby repealed as obsolete and is hereby replaced in its entirety by this Ohio Basic Code, 2019 Edition.

 

Section 2.        One copy of American Legal Publishing’s Ohio Basic Code, 2019 Edition, certified as correct by the Mayor and Fiscal Officer of the Village, as required by Ohio Revised Code § 731.23, shall be kept in its initial form on file in the office of the Fiscal Officer of the Village and retained as a permanent ordinance record of the Village.  The Fiscal Officer of the Village is authorized and directed to publish a summary of all new matters contained in the Code of Ordinances as required by Ohio Revised Code § 731.23. Such summary is attached hereto and marked as “Exhibit A.”

 

Section 3.        All ordinances and resolutions or parts thereof which are in conflict or inconsistent with any provision of the Ohio Basic Code, 2019 Edition, as adopted in Section 1 hereof, are hereby repealed as of the effective date of this Ordinance, except as follows:

 

(A)       The enactment of the Ohio Basic Code, 2019 Edition, shall not be construed to affect a right or liability accrued or incurred under any legislative provision prior to the effective date of such enactment, or an action or proceeding for the enforcement of such right or liability.  Such enactment shall not be construed to relieve any person from punishment for an act committed in violation of any such legislative provision, nor to affect an indictment or prosecution therefor. For such purposes, any such legislative provision shall continue in full force notwithstanding its repeal for the purpose of revision and codification.

 

(B)       The repeal provided above shall not affect:

(1)        The grant or creation of a franchise, license, right, easement or privilege;

(2)        The purchase, sale, lease or transfer of property;

(3)        The appropriation or expenditure of money or promise or guarantee of payment;

(4)        The assumption of any contract or obligation;

(5)        The issuance and delivery of any bonds, obligations or other instruments of indebtedness;

(6)        The levy or imposition of taxes, assessments or charges;

(7)        The establishment, naming, vacating or grade level of any street or public way;

(8)        The dedication of property or plat approval;

(9)        The annexation or detachment of territory;

(10)      Any legislation enacted subsequent to the adoption of this Ordinance; and

(11)      Any legislation enacted prior to the adoption of this Ordinance and said legislation was enacted to supersede prior ordinances adopted by the Council of the Village, including a provision contained in prior versions of the Ohio Basic Code.

 

Section 4.        Whenever reference is made in any documents, publications, or signs of the Village, including but not limited to traffic tickets and traffic-control signs, to a section as it existed in a former edition of the Ohio Basic Code, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered.

 

Section 5.        It is found and determined that all formal actions of the Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements.

 

Section 6.        This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health safety and general welfare of the people of the Village, and shall take effect at the earliest date provided by law.

 

 

Date Passed:  _______________, 2019

 

____________________________________

Ray DeLong, Mayor

Attest:

 

___________________________________

Aimee Lichty, Fiscal Officer

Ordinance 2019-01: Transfer To Severance Pay Reserve Fund

ORDINANCE NO. 2019-01

AN ORDINANCE AUTHORIZING THE VILLAGE FISCAL OFFICER TO

TRANSFER $13,500.00 FROM THE GENERAL FUND TO THE SEVERANCE PAY

RESERVE FUND, AND DECLARING THE SAME AN EMERGENCY

WHEREAS, the Village Fiscal Officer has determined that it is necessary to transfer certain funds from the General Fund to the Severance Pay Reserve Fund to accumulate the necessary resources for the payment of accumulated benefits as may be appropriate, which may include accumulated sick leave and/or vacation leave, and/or for payments in lieu of taking compensatory time off, payable upon the termination of employment or retirement of officers and employees of the Village of Antwerp, Ohio; and

 

WHEREAS, the Village Council, pursuant to Ohio Revised Code Section 5705.13(B), may transfer money to this special revenue fund from any other fund of the Village; and

 

WHEREAS, the Village Council desires to transfer funds from the General Fund to the Severance Pay Reserve Fund to accumulate the necessary resources for the purposes set forth in Ohio Revised Code Section 5705.13(B).

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, Paulding County, Ohio:

 

Section 1.  The Village Fiscal Officer is hereby authorized to transfer the sum of Thirteen Thousand Five Hundred and 00/100 Dollars ($13,500.00) from the General Fund to the Severance Pay Reserve Fund.

 

Section 2.  The transfer of these funds from the General Fund to the Severance Pay Reserve Fund is necessary to accumulate the resources for the payment of accumulated benefits as may be appropriate, which may include accumulated sick leave and/or vacation leave, and/or for payments in lieu of taking compensatory time off, payable upon the termination of employment or retirement of officers and employees of the Village of Antwerp, Ohio.

 

Section 3.  It is found and determined that all formal actions of the Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions of Section 121.22 of the Ohio Revised Code.

 

Section 4.  This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village and for the further reason that the Village must accumulate the necessary resources for the reasons set forth hereinabove and this Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

Date: __________________                          _______________________________

Ray DeLong

Attest:                                                                          Mayor of the Village of Antwerp

 

______________________________

Aimee Lichty, Fiscal Officer

Ordinance 2018-25A: Fourth Addendum To Agreement For Collection And Disposal Of Residential Solid Waste

Fourth Addendum to Agreement for the Collection, Transportation and Disposal of Residential Solid

Waste within the Corporate Limits of the Village of Antwerp, Ohio

 

 

THIS FOURTH ADDENDUM is to amend an Agreement for the Collection, Transportation and Disposal of Residential Solid Waste within the Corporate Limits of the Village of Antwerp, Ohio between the Village of Antwerp, Ohio, and Real Waste Disposal, LLC (“Agreement”), which Agreement was entered into as of the 6th day of February, 2015.

 

The initial term of this Agreement was for a one (1) year period beginning on April 1, 2015, and ending on March 31, 2016, which Agreement has been renewed for three (3) successive one (1) year periods beginning on April 1, 2016, and ending on March 31, 2017, beginning on April 1, 2017, and ending on March 31, 2018, and beginning on April 1, 2018, and ending on March 31, 2019.  The Village elects to extend the Agreement for another one (1) year period as provided in Section 1.1 of the Agreement. The Agreement is amended to reflect the term of the Agreement is extended for a one (1) year period beginning on April 1, 2019, and ending on March 31, 2020.

 

All other terms and conditions of the Agreement shall remain in full force and effect.

 

IN WITNESS WHEREOF, the parties hereto have executed this Fourth Addendum to the Agreement this ____ day of __________________, 20____.

 

________________________________

Ray DeLong, Mayor

Attest:                                                                 Village of Antwerp

 

__________________________

Aimee Lichty, Fiscal Officer

Approved as to Form:

 

 

____________________________

Melanie L. Farr, Village Solicitor

Real Waste Disposal, LLC

 

By:_________________________________

 

Name:_______________________________

 

Title:________________________________

Ordinance 2018-25: Addendum To Real Waste Disposal Agreement

ORDINANCE NO. 2018-25

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO FOURTH ADDENDUM TO AGREEMENT FOR COLLECTION, TRANSPORTATION AND DISPOSAL OF RESIDENTIAL SOLID WASTE WITHIN THE CORPORATE

LIMITS OF THE VILLAGE OF ANTWERP, OHIO

 

WHEREAS, the Village of Antwerp entered into an Agreement with Real Waste Disposal, LLC for the collection, transportation and disposal of residential solid waste within the corporate limits of the Village of Antwerp, Ohio (the “Agreement”), for an initial term of one (1) year beginning April 1, 2015, and ending on March 31, 2016; and

 

WHEREAS, the Agreement provides that in its sole discretion, the Village of Antwerp may extend the term of the Agreement for four (4) successive one (1) year periods; and

 

WHEREAS, the Council authorized the first extension of this Agreement for a one (1) year period beginning April 1, 2016, and ending on March 31, 2017; and

 

WHEREAS, the Council authorized the second extension of this Agreement for a one (1) year period beginning April 1, 2017, and ending on March 31, 2018; and

 

WHEREAS, the Council authorized the third extension of this Agreement for a one (1) year period beginning April 1, 2018, and ending on March 31, 2019; and

 

WHEREAS, the Council authorized written notice of the Village’s intention to renew the Agreement for a fourth term of another one (1) year period at the council meeting conducted on November 19, 2018; and

 

WHEREAS, the Village desires to extend the Agreement for another one (1) year period beginning April 1, 2019, and ending on March 31, 2020; and

 

WHEREAS, the Council of the Village of Antwerp authorizes the Mayor to enter into a Fourth Addendum to the Agreement for the one (1) year period extension.

 

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF ANTWERP, COUNTY OF PAULDING, OHIO:

 

Section 1.  That the Village of Antwerp elects to extend the one (1) year period of the Agreement with Real Waste Disposal, LLC for the collection, transportation and disposal of residential solid waste within the corporate limits of the Village of Antwerp, Ohio, for a one (1) year period beginning on April 1, 2019, and ending on March 31, 2020, and the Mayor is authorized to enter into a Fourth Addendum to the Agreement for this extension, which Addendum is attached hereto and incorporated herein by reference.

 

Section 2.  That if any other prior ordinance or resolution is found to be in conflict with this Ordinance, then the provisions of this Ordinance shall prevail.  Further, if any portion of this Ordinance is found to be invalid, only that portion shall be held invalid and the remainder shall be in full force and effect.

 

Section 3.  It is found and determined that all formal actions of the Council concerning or relating to the passage of this Ordinance were adopted in an open meeting of the Council, and that all deliberations of the Council and any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions in Section 121.22 of the Ohio Revised Code.

 

Section 4.  This Ordinance shall be in full force and effect from and after the earliest period allowed by law.

 

 

Enacted this ______ day of _______________, 20____.

 

 

________________________________

Ray DeLong, Mayor

 

Attest:

 

_______________________________

Aimee Lichty, Fiscal Officer

 

 

First reading: ____________________

 

Second reading: __________________

 

Third reading: ____________________