March 2019 Meeting Minutes

REGULAR MEETING

COUNCIL OF THE VILLAGE OF ANTWERP

MARCH 18, 2019

THE REGULAR MEETING OF THE VILLAGE OF ANTWERP COUNCIL WAS CALLED TO ORDER AT 5:30 P.M. BY MAYOR RAY DELONG.  COUNCIL PERSONS PRESENT: KENNETH REINHART, DEAN RISTER, MIKE ROHRS, KEITH WEST, RUDIE REEB AND JAN REEB.

 

ALSO IN ATTENDANCE: SOLICITOR MELANIE FARR, ADMINISTRATOR SARA KEERAN, POLICE CHIEF GEORGE CLEMENS, EMS CLERK ASHLEY MCDOUGAL, AND EMS COORDINATOR RANDY SHAFFER.  MEDIA PRESENT: NONE. VISITORS PRESENT: JAYVIN LANDERS AND OFFICER DEPUTY SHANE DYSON FROM THE PAULDING COUNTY SHERIFF’S OFFICE.

 

MINUTES FROM THE REGULAR COUNCIL MEETING HELD FEBRUARY 20, 2019, WERE REVIEWED.

 

•   MOTION MADE BY RISTER, SECONDED BY WEST, TO ACCEPT THE MINUTES FROM THE FEBRUARY 20, 2019, REGULAR COUNCIL MEETING. 6 YEAS, 0 NAYS.  MOTION CARRIED AND APPROVED.

 

THE FEBRUARY DISBURSEMENTS WERE REVIEWED.  DISCUSSION ON EXPENSES.

 

•   MOTION MADE BY REINHART, SECONDED BY WEST, TO APPROVE THE FEBRUARY RECONCILIATION REPORT.  6 YEAS, 0 NAYS.  MOTION CARRIED AND APPROVED.

 

VISITORS

JAYVIN LANDERS – OBSERVE FOR HIGH SCHOOL GOVERNMENT CLASS.  DEPUTY SHANE DYSON TO DISCUSS THE ISSUANCE OF GRANT FUNDS FOR MARCS RADIOS.

 

POLICE REPORT

POLICE CHIEF CLEMENS PROVIDED A WRITTEN REPORT SHOWING 97 CALLS FOR SERVICE FOR THE MONTH OF FEBRUARY WITH 15 OFFENSES.  DEPUTY DYSON AND CHIEF CLEMENS NOTIFIED COUNCIL REGARDING THE GRANT AWARDED TO THE PAULDING COUNTY SHERIFF’S OFFICE AND THE ISSUANCE OF 6 PORTABLE RADIOS AND 3 MOBILE RADIOS TO THE VILLAGE POLICE DEPARTMENT IN ORDER TO USE THE COUNTY-WIDE DISPATCH SYSTEM.  THE GRANT MONIES ALLOW THE COUNTY AGENCIES TO PURCHASE MARCS PORTABLE AND MOBILE RADIO UNITS, WHICH IS PREFERABLE FOR DISPATCHING PURPOSES TO AVOID THE NEED TO MONITOR VARIOUS CHANNELS.  THERE IS A $20.00 PER MONTH USER FEE PER RADIO BUT A CURRENT GRANT REDUCES THIS MONTHLY USER FEE TO $10.00 PER RADIO.  THE VILLAGE WILL BE RESPONSIBLE FOR PAYING THIS MONTHLY USER FEE FOR EACH RADIO.  THIS FEE IS PAYABLE TO MARCS FOR MAINTAINING THE TOWERS.  THE USE OF THESE RADIOS COUNTY-WIDE GOES INTO EFFECT THIS WEEK.  THE RADIOS HAVE A FIVE YEAR WARRANTY AND THE PAULDING COUNTY SHERIFF’S OFFICE WILL OWN THE RADIOS FOR TEN YEARS PER THE TERMS OF THE GRANT AND THEN OWNERSHIP OF THE RADIOS WILL TRANSFER TO THE VILLAGE OF ANTWERP.  THE VILLAGE WILL NEED TO MAINTAIN THE RADIOS RECEIVED AND MAKE THEM AVAILABLE FOR INSPECTION PER THE TERMS OF THE MEMORANDUM OF UNDERSTANDING.  DEPUTY DYSON CONFIRMED THAT THE VILLAGE MAY OPT OUT OF USING THE RADIOS ISSUED TO THE VILLAGE POLICE DEPARTMENT AND RETURN THE RADIOS TO THE PAULDING COUNTY SHERIFF’S OFFICE AT ANYTIME PRIOR TO THE TRANSFER OF OWNERSHIP.

 

EMS REPORT

EMS CLERK ASHLEY MCDOUGAL PROVIDED A WRITTEN REPORT SHOWING COLLECTIONS OF $8,948.77 FOR THE MONTH OF FEBRUARY, WITH A YEAR-TO-DATE TOTAL COLLECTED OF $21,675.65.  THERE WERE 25 EMS RUNS FOR FEBRUARY.

 

EMS COORDINATOR RANDY SHAFFER DISCUSSED THE PROPOSAL TO RETAIN OHIO FIRST RESPONDER GRANTS, LLC TO PERFORM THE GRANT WRITING FOR THE EMS DEPARTMENT TO PROCURE CARDIAC MONITORS AND AUTOMATED CPR DEVICES.  DISCUSSION HAD ON THE TERMS OF THE GRANT APPLICATION WRITING CONTRACT, INCLUDING WHETHER THE SUBJECT SHOULD ALSO INCLUDE THE GRANT WRITING FOR THE EMS DEPARTMENT TO PROCURE PROTECTIVE GEAR.  RANDY SHAFFER CONFIRMED DURING THE MEETING THAT THE GRANT APPLICATION WRITING CONTRACT AS SUBMITTED IS CORRECT, SEEKING ONLY TO PROCURE CARDIAC MONITORS AND AUTOMATED CPR DEVICES AT THIS TIME.  THE GRANT MUST BE SUBMITTED IN THE VERY NEAR FUTURE.  RANDY SHAFFER ALSO NOTIFIED COUNCIL THAT THE NEW AMBULANCE WILL BE IN THE VILLAGE THIS COMING FRIDAY.

 

 

FISCAL OFFICER’S REPORT

SECOND READING OF 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)

 

SECOND READING OF 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)

 

EMERGENCY READING OF 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 AN EMERGENCY

 

•   MOTION MADE BY ROHRS, SECONDED BY RISTER, TO SUSPEND THE RULES REGARDING RESOLUTION NO. 2019-03. 6 YEAS, 0 NAYS.  MOTION CARRIED AND APPROVED.

 

•   MOTION MADE BY WEST, SECONDED BY REINHART, TO ACCEPT RESOLUTION NO. 2019-03. 6 YEAS, 0 NAYS.  MOTION CARRIED AND APPROVED.

 

EMERGENCY READING OF 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 RADIOS UNITS TO BE UTILIZED BY VARIOUS AGENCIES IN PAULDING COUNTY, INCLUDING THE VILLAGE OF ANTWERP POLICE DEPARTMENT, AND DECLARING THE SAME AN EMERGENCY

 

•   MOTION MADE BY WEST, SECONDED BY JAN REEB, TO SUSPEND THE RULES REGARDING RESOLUTION NO. 2019-04. 6 YEAS, 0 NAYS.  MOTION CARRIED AND APPROVED.

 

•   MOTION MADE BY ROHRS, SECONDED BY RUDIE REEB, TO ACCEPT RESOLUTION NO. 2019-04. 6 YEAS, 0 NAYS.  MOTION CARRIED AND APPROVED.

 

RITA REPORT REVIEWED NOTING $28,469.15 COLLECTED IN MARCH WITH AN INCREASE OVER MARCH OF LAST YEAR OF $7,325.40 AND AN INCREASE YEAR-TO-DATE COMPARED TO LAST YEAR OF $13,725.17.

 

ADMINISTRATOR’S REPORT

WATER TREATMENT PLANT IMPROVEMENT UPDATE:

CONTRACTOR HAS INSTALLED THE AIR PIPING AND NEW FILTER MEDIA IN ONE OF THE FILTER VESSELS AND IT HAS PASSED COLIFORM TESTING.  THE SECOND VESSEL HAS BEEN FILLED AND WE ARE AWAITING TEST RESULTS.  THIS SHOULD COMPLETE THE PROJECT.

 

FORMER LIBERTY FUEL STOP ACQUIRED BY PAULDING COUNTY LAND BANK:

THE PAULDING COUNTY LAND BANK ACQUIRED THE FORMER LIBERTY FUEL STOP, 504 E. RIVER STREET, WHICH IS LOCATED IN FRONT OF DOUG BRAGG’S TRAILER PARK.  THIS SITE HAS UNDERGROUND FUEL TANKS AND IS ON THE STATE OF OHIO’S BUSTER LIST, WHICH QUALIFIES IT FOR FUNDING THROUGH THE OHIO DEVELOPMENT SERVICE AGENCY’S ABANDONED GAS STATION CLEANUP GRANT.  TETRA TECH WILL BE COMPLETING THE APPLICATION AND OVERSEEING THE GRANT.  THE PROJECT CAN BE COMPLETED WITHIN A YEAR AFTER AN AWARD IS MADE AND DEPENDING ON THE LEVEL OF CONTAMINATION AT THE SITE.  MAUMEE VALLEY PLANNING ORGANIZATION WILL KEEP THE VILLAGE UPDATED ON THE PROGRESS OF THE GRANT AWARD.

 

ODOT TRANSPORTATION ALTERNATIVE GRANT:

THE VILLAGE RECEIVED NOTIFICATION THAT IT HAS BEEN APPROVED TO SUBMIT A 2019 TAP PROJECT APPLICATION FOR EXTENSION OF SIDEWALKS FROM WATER PLANT DRIVE TO DOLLAR GENERAL.  A FULL APPLICATION IS DUE TO ODOT BY MAY 17, 2019.  GRANT AWARD ANNOUNCEMENT IS EXPECTED IN THE FALL.  ESTIMATED PROJECT COST IS $63,232.40.  ODOT WOULD PAY FOR 95% OF THE PROJECT WITH THE VILLAGE BEING RESPONSIBLE FOR 5%, OR APPROXIMATELY $3,262.00.  UNFORTUNATELY, THIS GRANT, IF FUNDED, WOULD NOT BE AVAILABLE UNTIL 2023.  THE VILLAGE WILL CONTINUE TO LOOK AT OTHER FUNDING IN THE MEANTIME.

 

RIVERSIDE PARK DRAINAGE PROJECT SET TO GO TO BID BY END OF MARCH:

THE VILLAGE’S CDBG PROJECT TO INSTALL STORM DRAIN LINE AND CATCH BASINS AROUND THE PLAYGROUND AND MAIN PAVILION IS SET TO GO TO BID BY THE END OF MARCH.  THE VILLAGE WAS AWARDED $25,575.00 FROM PAULDING COUNTY FROM THEIR FORMULA ALLOCATION PROGRAM AND THE VILLAGE IS RESPONSIBLE FOR $3,836.25.

 

S. MAIN / CANAL WATERLINE PROJECT IS FUNDED:

THE ADMINISTRATOR RECEIVED CONFIRMATION FROM OPWC THAT THE S. MAIN / E. CANAL WATERLINE REPLACEMENT PROJECT IS BEING FUNDED THROUGH THE OHIO PUBLIC WORKS COMMISSION.  THE AWARD WILL BE RELEASED AFTER THE STATE’S NEW BUDGET YEAR OF JULY 1, 2019.  THE VILLAGE RECEIVED $305,000.00, WITH 50% BEING GRANT AND 50% BEING LOAN.  THIS PROJECT WILL REPLACE OLD WATERLINE ON S. MAIN STREET FROM DAGGETT STREET TO THE END OF S. MAIN STREET AND E. CANAL FROM S. ERIE STREET TO WATER PLANT DRIVE WITH NEW 8” PLASTIC PIPE.  BOTH OF THESE SEGMENTS OF LINE HAVE WATERLINE BREAKS ALL YEAR LONG.

 

CITY OF TOLEDO PASSES THE LAKE ERIE BILL OF RIGHTS & HOW IT COULD AFFECT THE VILLAGE:

IN A SPECIAL ELECTION HELD IN FEBRUARY, TOLEDO VOTERS PASSED THE LAKE ERIE BILL OF RIGHTS (LEBOR).  THE VILLAGE COULD BE IMPACTED IF THE CITY OF TOLEDO OR CITIZENS OF TOLEDO BRING LEGAL ACTION FOR AN ALLEGED VIOLATION OF LAKE ERIE’S LEGAL RIGHT.  ONE EXAMPLE OF A LAWSUIT COULD BE THAT THE VILLAGE’S SANITARY SEWER PERMIT ISSUED BY THE EPA COULD BE DEEMED INVALID TO THE EXTENT THEY CONFLICT WITH A CITIZEN’S CONCEPTION OF THE LEBOR’S PROVISION.  THE LEBOR INCLUDES ALL OF NORTHERN OHIO THAT DRAINS INTO LAKE ERIE.  ANOTHER EXAMPLE OF A LAWSUIT COULD BE THAT VILLAGES AND/OR MANUFACTURERS WITH A SANITARY SEWER SYSTEM WOULD HAVE TO REDUCE OR ELIMINATE ANY ORGANIC OR CHEMICAL THAT IS DISCHARGED INTO THE WATERSHED THAT CONTRIBUTES TO THE ALGAE BLOOM IN LAKE ERIE.  THIS COULD RESULT IN OHIO FARMERS, TAXPAYERS, GOVERNMENT ENTITIES AND BUSINESSES FACING THE PROSPECT OF COSTLY LEGAL BILLS FIGHTING OVER A MEASURE THAT LIKELY WILL BE FOUND UNCONSTITUTIONAL AND UNENFORCEABLE.  A LAWSUIT CHALLENGING THE LAW HAS ALREADY BEEN FILED AND MORE ARE ANTICIPATED.

 

FARMERS HAVE BEEN ENCOURAGED BY THE OHIO FARM BUREAU FEDERATION (OFBF) TO PLACE THEIR FARMLAND IN AGRICULTURAL DISTRICTS WITH THE HOPE THAT THIS WOULD GIVE SOME PROJECTION FROM LAWSUITS.  CONSEQUENTLY, HARVEST FARM MANAGEMENT AND KEITH AND SUSAN WIESEHAN, TRUSTEES, WHO FARM LAND INSIDE THE VILLAGE CORPORATION LIMITS HAVE EACH FILED WITH THE VILLAGE AN APPLICATION FOR PLACEMENT OF FARMLAND IN AN AGRICULTURAL DISTRICT.  THIS APPLICATION IS ALLOWABLE UNDER OHIO REVISED CODE SECTION 929.02.  THE PROCESS IS AS FOLLOWS:

 

ANY PERSON WHO OWNS AGRICULTURAL LAND MAY FILE AN APPLICATION WITH THE COUNTY AUDITOR AND THE CLERK OF THE MUNICIPAL CORPORATION IF THE LAND LIES WITHIN A MUNICIPAL CORPORATION TO PLACE THE LAND IN AN AGRICULTURAL DISTRICT FOR FIVE YEARS IF, DURING THE THREE CALENDAR YEARS PRIOR TO THE YEAR IN WHICH THE PERSON FILES THE APPLICATION, THE LAND HAS BEEN DEVOTED EXCLUSIVELY TO AGRICULTURAL PRODUCTION OR DEVOTED TO AND QUALIFIED FOR PAYMENTS OR OTHER COMPENSATION UNDER A LAND RETIREMENT OR CONSERVATION PROJECT UNDER AN AGREEMENT WITH A FEDERAL AGENCY.  THE TOTAL AMOUNT OF LAND FOR WHICH APPLICATION IS MADE MUST NOT BE LESS THAN TEN ACRES OR MORE OR THE ACTIVITIES CONDUCTED ON THE LAND PRODUCED AN AVERAGE YEARLY GROSS INCOME OF AT LEAST $2,500.00 DURING THAT THREE YEAR PERIOD OR THE OWNER HAS EVIDENCE OF AN ANTICIPATED GROSS INCOME OF THAT AMOUNT FROM THOSE ACTIVITIES.

 

ONCE THE APPLICATION IS FILED WITH THE VILLAGE, A PUBLIC HEARING IS SCHEDULED WITHIN 30 DAYS OF RECEIPT OF THE FILING.  THE FARMLAND OWNER IS SENT A CERTIFIED NOTICE NO LATER THAN 10 DAYS PRIOR TO THE HEARING.  WITHIN 30 DAYS OF the HEARING, COUNCIL MAY APPROVE, MODIFY AND APPROVE AS MODIFIED, OR REJECT the APPLICATION.  THE CLERK WILL THEN SEND A COPY OF THE DECISION TO THE COUNTY AUDITOR.

 

THERE ARE ONLY A FEW REASONS WHY AN APPLICATION CAN BE REJECTED OR MODIFIED BY THE MUNICIPALITY; COUNCIL MUST BE ABLE TO DEMONSTRATE THAT HAVING THE LAND PLACED IN AN AGRICULTURAL DISTRICT WOULD CREATE A SUBSTANTIAL ADVERSE EFFECT ON:

 

1.       THE PROVISION OF MUNICIPAL SERVICES WITHIN THE MUNICIPAL CORPORATION;

2.       EFFICIENT USE OF LAND WITHIN THE MUNICIPAL CORPORATION;

3.       THE ORDERLY GROWTH AND DEVELOPMENT OF THE MUNICIPAL CORPORATION; OR

4.       THE PUBLIC HEALTH, SAFETY OR WELFARE (ORC 929.02(B)).

 

THE VILLAGE COUNCIL WILL HOLD A PUBLIC HEARING ON THE FIRST APPLICATION FOR HARVEST FARM MANAGEMENT ON WEDNESDAY, MARCH 20, 2019, AT 5:30 P.M. AND A PUBLIC HEARING ON THE SECOND APPLICATION FOR KEITH AND SUSAN WIESEHAN ON WEDNESDAY, MARCH 27, 2019, AT 5:30 P.M.  BOTH HEARINGS WILL TAKE PLACE AT TOWN HALL.  THE APPLICATIONS WILL BE PRESENTED TO COUNCIL TO APPROVE, MODIFY AND APPROVE AS MODIFIED, OR REJECT AT THE APRIL 15, 2019, COUNCIL MEETING.

 

DISCUSSION ON POTENTIAL OF NUISANCE CLAIMS AND LIVESTOCK OPERATION DEVELOPMENTS IN THE FUTURE.

 

COMMITTEE REPORTS

PARK BOARD REPORT GIVEN BY WEST.  MARK GREENWOOD HAS A GROUP OF VOLUNTEERS WILLING TO REMOVE CEMENT IN PARK IN CENTER NEAR OLD MONUMENT AND RE-SEED THE AREA.  THE SIDEWALK AND BRIDGE TO THE PARK STATION WOULD REMAIN.  THE CANNON WOULD BE REMOVED.  AFTER DISCUSSION, THE TIME CAPSULE WOULD REMAIN AS WELL.  THE VOLUNTEERS WOULD DONATE THEIR LABOR AND MATERIALS REQUIRED TO REMOVE THE CEMENT AND RE-SEED THIS AREA.

 

•   MOTION MADE BY WEST, SECONDED BY ROHRS, TO APPROVE THE REMOVAL OF CEMENT AND RE-SEED AREA IN CENTER OF PARK NEAR OLD MONUMENT AS DESCRIBED ABOVE WITH VOLUNTEERS TO PROVIDE LABOR AND MATERIALS FOR PROJECT AT NO COST TO THE VILLAGE. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.

 

FINANCE COMMITTEE WILL MEET ON MARCH 28, 2019, AT 7:30 A.M. TO DISCUSS HEALTH INSURANCE.

 

MAYOR’S REPORT

MAYOR’S COURT BROUGHT IN A TOTAL OF $2,630.00 IN THE MONTH OF FEBRUARY WITH $1,953.00 GOING TO THE VILLAGE, $650.00 GOING TO THE STATE, AND $27.00 GOING TO THE INDIGENT DRIVER’S FUND.

 

NEW BUSINESS

NONE

 

•   MOTION MADE BY JAN REEB, SECONDED BY WEST, TO ADJOURN THE MEETING. 5 YEAS, 1 NAY.  MOTION CARRIED AND APPROVED.  MEETING ADJOURNED AT 6:51 P.M.

 

 

 

MAYOR_________________________________________

 

FISCAL OFFICER___________________________________                            DATE________________