January 2022 Meeting Minutes

REGULAR MEETING
COUNCIL OF THE VILLAGE OF ANTWERP
JANUARY 19, 2022

THE REGULAR MEETING OF THE VILLAGE OF ANTWERP COUNCIL WAS CALLED TO ORDER AT 5:30 P.M. BY MAYOR JAN REEB. COUNCIL PERSONS PRESENT: BRYCE STENIER, JASON FRANKS, STEVE JORDAN, KENNETH REINHART, DEAN RISTER, AND BRYAN SMITH.

ALSO IN ATTENDANCE: SOLICITOR MELANIE FARR, VILLAGE ADMINISTRATOR BRIAN DAVIS, FISCAL OFFICER AIMEE LICHTY AND POLICE CHIEF GEORGE CLEMENS. VISITORS: BILL BOYLAN, GAYLE RISTER AND KATRYNA FISH.

MINUTES FROM THE REGULAR COUNCIL MEETING HELD DECEMBER 20, 2021, WERE REVIEWED. DISCUSSION ON MEETING MINUTES.

• MOTION MADE BY RISTER, SECONDED BY REINHART, TO ACCEPT THE MINUTES FROM THE DECEMBER 20, 2021, REGULAR COUNCIL MEETING. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.

COUNCIL MEMBER STEINER ASKED ABOUT STATUS OF SCHEDULING PUBLIC HEARING ON AMENDMENTS TO ZONING MAP. ADMINISTRATOR DAVIS SAID THAT THERE ARE STEPS THAT MUST BE TAKEN BEFORE A PUBLIC HEARING IS SCHEDULED. STEINER ALSO ASKED ABOUT THE WOOD FROM TREES REMOVED AT VETERANS PARK BEING OFFERED TO RESIDENTS. ADMINISTRATOR DAVIS SAID THAT THE PIECES WERE TOO LARGE.

MINUTES FROM THE SPECIAL COUNCIL MEETING HELD DECEMBER 30, 2021, WERE REVIEWED.

• MOTION MADE BY REINHART, SECONDED BY RISTER, TO ACCEPT THE MINUTES FROM THE DECEMBER 30, 2021, SPECIAL COUNCIL MEETING. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.

THE DECEMBER DISBURSEMENTS WERE REVIEWED.

• MOTION MADE BY REINHART, SECONDED BY FRANKS, TO ACCEPT THE DECEMBER RECONCILIATION REPORT. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.

VISITORS
VISITORS PRESENT TO OBSERVE ONLY.

POLICE REPORT
POLICE CHIEF CLEMENS PROVIDED A WRITTEN REPORT SHOWING 61 CALLS FOR SERVICE FOR THE MONTH OF DECEMBER WITH 7 OFFENSES. COUNCIL MEMBERS RISTER AND JORDAN BOTH RECEIVED COMPLAINTS ABOUT A FLAG DISPLAYED ON WOODCOX STREET. CHIEF CLEMENS HAS SPOKEN WITH THE HOMEOWNER AND THE COUNTY PROSECUTOR. DISCUSSION ON POSSIBLE RESOLUTIONS.

EMS REPORT
EMS COORDINATOR-CLERK ASHLEY MCDOUGALL PROVIDED A WRITTEN REPORT SHOWING 197 OUTSTANDING RUNS. EMS HAD 31 RUNS IN DECEMBER. COLLECTIONS IN DECEMBER WERE $4,737.14. A YEAR-TO-DATE TOTAL OF COLLECTIONS IS $76,413.38 WITH A YEAR-TO-DATE RUN TOTAL OF 327 RUNS.

FISCAL OFFICER’S REPORT
FURST READING OF ORDINANCE NO. 2022-01: AN ORDINANCE AUTHORIZING THE MAYOR OF THE VILLAGE OF ANTWERP TO ENTER INTO A DELINQUENT DEBT COLLECTION AGREEMENT BETWEEN THE OHIO ATTORNEY GENERAL AND THE VILLAGE OF ANTWERP

COUNCIL MEMBER STEINER ASKED ABOUT TIMEFRAMES FOR COLLECTION EFFORTS. THESE TIMEFRAMES WERE PRESENTED AT THE REGULAR DECEMBER 2021 COUNCIL MEETING. SOLICITOR FARR WILL PROVIDE THOSE TO FISCAL OFFICER LICHTY TO INCLUDE WITH THIS ORDINANCE AND FOR COUNCIL TO REVIEW PRIOR TO NEXT REGULAR COUNCIL MEETING.

EMERGENCY READING OF ORDINANCE NO. 2022-02: AN ORDINANCE AUTHORIZING THE VILLAGE FISCAL OFFICER TO TRANSFER $114,000.00 FROM THE GENERAL FUND TO THE POLICE FUND, AND DECLARING THE SAME AN EMERGENCY

DISCUSSION ON PURPOSE OF THIS ORDINANCE AND NEED TO PASS AS EMERGENCY. THE MONEY FOR THE POLICE DEPARTMENT IS PART OF THE 2022 BUDGET; HOWEVER, THE FUNDS MUST BE TRANSFERRED FROM THE GENERAL FUND TO THE POLICE FUND BY THE PASSAGE OF AN ORDINANCE BY COUNCIL. THE POLICE FUND NEEDS THIS FUNDING IN ORDER TO OPERATE THE POLICE DEPARTMENT, WHICH NECESSITATES THE EMERGENCY PASSAGE BEING REQUESTED.

• MOTION MADE BY RISTER, SECONDED BY REINHART, TO SUSPEND THE RULES REGARDING ORDINANCE NO. 2022-02. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.
• MOTION MADE BY RISTER, SECONDED BY REINHART, TO ACCEPT ORDINANCE NO. 2022-02. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.

FIRST READING OF ORDINANCE NO. 2022-03: AN ORDINANCE AUTHORIZING THE VILLAGE FISCAL OFFICER TO TRANSFER $4,173.00 FROM THE GENERAL FUND TO THE SEVERANCE PAY RESERVE FUND

EMERGENCY READING OF ORDINANCE NO. 2022-04: AN ORDINANCE ADOPTING THE PERSONNEL MANUAL FOR THE VILLAGE OF ANTWERP, OHIO, INCLUDING ANY AND ALL AMENDMENTS THERETO AND ALL APPLICABLE STATEMENTS ATTACHED THERETO, FOR CALENDAR YEAR 2022, AND DECLARING THE SAME AN EMERGENCY

• MOTION MADE BY RISTER, SECONDED BY FRANKS, TO SUSPEND THE RULES REGARDING ORDINANCE NO. 2022-04. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.
• MOTION MADE BY RISTER, SECONDED BY REINHART, TO ACCEPT ORDINANCE NO. 2022-04. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.

DISCUSSION ON AGREEMENT WITH REAL WASTE DISPOSAL LLC FOR RESIDENTIAL GARBAGE COLLECTION. COUNCIL DISCUSSED SERVICES PROVIDED AND NO COMPLAINTS KNOWN. COUNCIL APPROVED RENEWING THIS AGREEMENT FOR A ONE-YEAR TERM LAST YEAR. COUNCIL AGREES THAT THE AGREEMENT SHOULD BE RENEWED FOR ANOTHER ONE YEAR TERM. THE RENEWED ONE YEAR TERM WILL BE FOR THE PERIOD OF APRIL 1, 2022, TO MARCH 31, 2023.

• MOTION MADE BY RISTER, SECONDED BY JORDAN, AUTHORIZING ADMINISTRATOR DAVIS TO SEND LETTER OF INTENTION TO RENEW AGREEMENT FOR ONE-YEAR TERM TO REAL WASTE DISPOSAL LLC. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.

FIRST READING OF ORDINANCE NO. 2022-05: AN ORDINANCE AUTHORIZING THE VILLAGE ADMINISTRATOR TO ENTER INTO SECOND ADDENDUM TO THE AGREEMENT FOR COLLECTION, TRANSPORTATION AND DISPOSAL OF RESIDENTIAL SOLID WASTE WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF ANTWERP, OHIO

FIRST READING OF ORDINANCE NO. 2022-06: AN ORDINANCE AUTHORIZING THE VILLAGE FISCAL OFFICER TO TRANSFER $7,500.00 FROM THE GENERAL FUND TO THE STREET LIGHTING FUND

FIRST READING OF RESOLUTION NO. 2022-01: 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 PROVIDING AND MAINTAINING FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES (R.C. §§ 5705.03, 5705.19(I), 5705.191, 5705.192, AND 5705.25)

RITA TAX COLLECTION FOR THE MONTH OF DECEMBER, PAID IN JANUARY, WAS $22,555.54.

THE NEW WEBSITE OF THE VILLAGE, VILLAGEOFANTWERP.COM, IS UP AND RUNNING. APRIL LITZENBERG AND AIMEE LICHTY RECEIVED TRAINING ON UPDATING THE WEBSITE LAST WEDNESDAY. THERE ARE STILL A FEW LITTLE TWEAKS THAT NEED TO BE MADE TO THE SITE. ONE NEW FEATURE THAT IS AVAILABLE IS THE IRIS EMERGENCY ALERT SYSTEM AND THE ABILITY TO SIGN UP FOR EMERGENCY AND NON-EMERGENCY ALERTS. ON THE HOME PAGE OF THE VILLAGE SITE YOU CAN SELECT THE LINK FOR IRIS ALERTS AND SIGN UP TO BE ALERTED FOR EMERGENCY ALERTS SUCH AS WATERLINE BREAKS. THIS IS ONLY AVAILABLE FOR PEOPLE WHO LIVE IN THE VILLAGE AND HAVE A UTILITY BILL IN THE VILLAGE. YOU WILL HAVE TO REFERNCE YOUR VILLAGE UTILITY ACCOUNT NUMBER WHEN SIGNING UP. EACH LOCAL ADDRESS IS ABLE TO SIGN UP FOR THREE PHONE NUMBERS AND 2 EMAIL ADDRESSES. YOU CAN THEN CLICK IF YOU WANT A TEXT OR A CALL FOR THE PHONE NUMBERS OR BOTH. THERE IS ALSO ANOTHER ALERT LINK FOR LOCAL NEWS. YOU CAN SIGN UP FOR THIS TO BE NOTIFIED ON VILLAGE MEETINGS, EVENTS, ETC.

ADMINISTRATOR’S REPORT
ERIE STREET SIDEWALK
WE HAVE ENGAGED BELL ENGINEERING TO COMPLETE THE ENGINEERING WORK FOR THE SIDEWALK PROJECT AT A COST OF $5,500. THIS WILL BE SUBMITTED BY JANUARY 31, 2022, TO ODOT.

RAILROAD STREET
WE HAVE ENGAGED BELL ENGINEERING TO COMPLETE THE ENGINEERING WORK FOR THE RAILROAD STREET PROJECT AT A COST OF $8,020. THIS PROJECT WILL BE SUBMITTED FOR THE PAULDING COUNTY CDGB FUNDING CYCLE IN MARCH.

SHAFFER ROAD
WOULD COUNCIL CONSIDER REMOVING THE AFFECTED PORTION OF SHAFFER ROAD IN LIEU OF RECONSTRUCTING THE BANK? THE PROJECT IS ESTIMATED AT $1.7 MILLION. THE VILLAGE WOULD BE OBLIGATED TO SECURE A LOAN IN THE AMOUNT OF $500,000 PROVIDED WE ARE ABLE TO SECURE $1 MILLION IN GRANT FUNDING. THOUGH THE LOAN WOULD BE AT ZERO PERCENT INTEREST, THE MONTHLY OBLIGATION WOULD BE $1,389 PER MONTH. OBVIOUSLY, THE COST TO REMOVE, CURB, GRADE, AND SEED WOULD BE A FRACTION OF THE COST. SHOULD COUNCIL FIND VALUE IN THIS APPROACH, THE ADMINISTRATOR WILL SECURE A COST ESTIMATE TO HAVE THE WORK PERFORMED. DISCUSSION WITH COUNCIL ON THIS OPTION. ADMINISTRATOR DAVIS WILL DISCUSS WITH AFFECTED HOMEOWNERS.

VILLAGE INTERNET FIBER
METALINK TECHNOLOGIES HAS REQUESTED RIGHTS TO THE PUBLIC RIGHTS-OF-WAY THROUGH THE VILLAGE FOR DEPLOYMENT OF FIBER TO THE HOME CONNECTIVITY BUILDOUT. METALINK’S SISTER COMPANY QUALSTAR COMMUNICATIONS, INC. IS A LICENSED COMPETITIVE LOCAL EXCHANGE CARRIER, UNDER THE PUBLIC UTILITIES COMMISSION OF OHIO. THEY WILL BEGIN BURYING FIBER ON MAIN STREET JUST NORTH OF THE VILLAGE HALL BEGINNING THE WEEK OF JANUARY 24TH WEATHER PERMITTING.

SOLAR ENERGY
THE ADMINISTRATOR MET WITH TWO SOLAR COMPANIES. HE IS LEARNING WHAT THEY OFFER, AND THEIR APPROACH TO INSTALLING A FIELD HERE IN THE VILLAGE.

WELL #4
WE HAD A PUMP AND MOTOR FAILURE AT WELL 4. THESE ITEMS HAVE BEEN REPLACED WITH NEW, AND THE WELL IS BACK ON.

• MOTION MADE BY REINHART, SECONDED BY JORDAN, TO ENTER INTO EXECUTIVE SESSION AT 6:10 P.M. TO CONSIDER THE PURCHASE OF PROPERTY FOR PUBLIC PURPOSES. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED. EXIT EXECUTIVE SESSION AT 6:32 P.M. NO ACTION TAKEN DURING EXECUTIVE SESSION.

COMMITTEE REPORTS
PLANNING AND ZONING COMMITTEE MET ON JANUARY 5, 2022, TO DISCUSS ZONING OF DOWNTOWN. ANOTHER MEETING IS SCHEDULED FOR FEBRUARY 2, 2022, 6:15 P.M. AT TOWN HALL.

NEW BUSINESS
COUNCIL MEMBER STEINER REFERRED TO MEETING TIME AND PLACE ORDINANCE FROM 2020 THAT DIRECTS RESIDENTS TO A WEBSITE ADDRESS THAT HAS CHANGED WITH THE LAUNCH OF OUR NEW WEBSITE. FISCAL OFFICER LICHTY WILL RESEARCH THIS ISSUE AND MAKE SURE THAT AN AMENDMENT TO THE ORDINANCE BE READY FOR NEXT COUNCIL MEETING IF NECESSARY. COUNCIL MEMBER STEINER ALSO PROVIDED A COPY OF ORC 7.10 ON PUBLISHING LEGAL NOTICES IN A NEWSPAPER ON MEETINGS OF VILLAGE COUNCIL. DISCUSSION HAD ON THIS ISSUE AND IT WILL BE RESEARCHED TO ENSURE COMPLIANCE.

OLD BUSINESS
SOLICITOR FARR WAS ASKED AT THE DECEMBER 2021 REGULAR COUNCIL MEETING TO OBTAIN AN ATTORNEY GENERAL OPINION ON A COUNCIL MEMBER DOING BUSINESS WITH THE VILLAGE. SOLICITOR FARR PROVIDED HER RESEARCH RESULTS. THE PROPER PROCESS APPEARS TO BE FOR THE AFFECTED COUNCIL MEMBER TO OBTAIN AN OPINION FROM THE OHIO ETHICS COMMISSION. ORC 731.12 PROHIBITS A COUNCIL MEMBER FROM HAVING ANY INTEREST IN A CONTRACT WITH THE VILLAGE. OHIO ETHICS COMMISSION ADVISORY OPINION NO. 2000-02 DEALT WITH A CITY COUNCIL MEMBER SEEKING AN OPINION ON BIDDING ON CITY CONSTRUCTION CONTRACTS. ANALYSIS OF COMMISSION DEALT WITH VARIOUS PROVISIONS OF ORC 2921.42, INCLUDING SUBSECTION (I) DEFINING A PUBLIC CONTRACT, SUBSECTION (A)(4) PROHIBITING INTEREST IN PROFITS OR BENEFITS OF PUBLIC CONTRACT AND CRITERIA FOR AN EXCEPTION UNDER SUBSECTION (C), SUBSECTION (A)(1) PROHIBITING AUTHORIZATION OF PUBLIC CONTRACT, AND SUBSECTION (A)(3) PROHIBITING COUNCIL MEMBER FROM OCCUPYING POSITION OF PROFIT IN PUBLIC CONTRACT. THIS OPINION ALSO DISCUSSED ORC 102.03(D) AND (B) ON CONFLICT OF INTEREST AND DISCLOSURE OF CONFIDENTIAL INFORMATION.
DISCUSSION ON HANDLING OF THIS ISSUE IN THE PAST WITH A COUNCIL MEMBER ASKING ABOUT HIS COMPANY, FOR WHICH HE IS AN EMPLOYEE, HAVING A CONTRACT FOR SERVICES WITH THE VILLAGE. THIS COUNCIL MEMBER WAS INFORMED THAT THIS WAS NOT ALLOWED PER ORC 731.12 AND AN ATTORNEY GENERAL OPINION THAT PROVIDED THAT A COUNCIL MEMBER THAT WAS AN EMPLOYEE OF THE INSURANCE COMPANY THAT CONTRACTS WITH CITY CANNOT AT THE SAME TIME BE A MEMBER OF THE CITY COUNCIL.
BASED ON THE RESEARCH AND PRIOR REVIEW OF THIS ISSUE, SOLICITOR FARR RECOMMENDED THAT THE VILLAGE NOT HAVE A CONTRACT OR PURCHASE SUPPLIES OR SERVICES FROM ANY COUNCIL MEMBER OR ANY BUSINESS HE IS AFFILIATED WITH, INCLUDING AS AN EMPLOYEE.
DISCUSSION BY COUNCIL ON THIS ISSUE.

• MOTION MADE BY RISTER, SECONDED BY FRANKS, FOR THE VILLAGE OF ANTWERP TO CEASE DOING BUSINESS WITH ANY MEMBER OF VILLAGE COUNCIL. 5 YEAS, 1 NAY. MOTION CARRIED AND APPROVED.

DISCUSSION ON NEWSPAPER OF GENERAL CIRCULATION IN VILLAGE BEING PAULDING PROGRESS.

MAYOR’S REPORT
COMMITTEE APPOINTMENTS CIRCULATED.

ELECTION OF PRESIDENT PRO TEMPORE:
BOTH DEAN RISTER AND JASON FRANKS WERE NOMINATED. THERE BEING NO OTHER NOMINATIONS, NOMINATIONS WERE CLOSED.

• MOTION MADE BY JORDAN, SECONDED BY RISTER, TO CLOSE NOMINATIONS FOR PRESIDENT PRO TEMPORE. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.
• MOTION MADE BY STEINER TO ELECT JASON FRANKS AS 2022 PRESIDENT PRO TEMPORE. MOTION WAS NOT SECONDED.

DISCUSSION ON NOMINATIONS. STEINER WITHDREW HIS MOTION TO ELECT JASON FRANKS AS 2022 PRESIDENT PRO TEMPORE.

• MOTION MADE BY JORDAN, SECONDED BY REINHART, TO ELECT DEAN RISTER AS 2022 PRESIDENT PRO TEMPORE. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.

MAYOR’S COURT BROUGHT IN A TOTAL OF $1,941 IN THE MONTH OF DECEMBER 20221 WITH $1,561.00 GOING TO THE VILLAGE, $366.50 GOING TO THE STATE, AND $13.50 GOING TO THE INDIGENT DRIVER’S FUND.

• MOTION MADE BY RISTER, SECONDED BY REINHART, TO ADJOURN THE MEETING. 6 YEAS, 0 NAY. MOTION CARRIED AND APPROVED. MEETING ADJOURNED AT 7:11.

MAYOR_________________________________________

FISCAL OFFICER___________________________________ DATE________________