May 2022 Meeting Minutes

REGULAR MEETING
COUNCIL OF THE VILLAGE OF ANTWERP
MAY 16, 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: KENNY REINHART, JASON FRANKS, STEVE JORDAN, DEAN RISTER, BRYAN SMITH, AND BRYCE STEINER.
ALSO IN ATTENDANCE: SOLICITOR MELANIE FARR, ADMINISTRATOR BRIAN DAVIS, FISCAL OFFICER AIMEE LICHTY, AND POLICE CHIEF GEORGE CLEMENS. VISITORS: ZONING INSPECTOR GABE OBERLIN, DUSTIN SENSABAUGH, MARIA KOBEE, DOUG BRAGG, BILL BOYLAN, ADAM PAPIN WITH THE PAULDING PROGRESS, AND HIGH SCHOOL GOVERNMENT STUDENTS.
MINUTES FROM THE REGULAR COUNCIL MEETING HELD APRIL 18, 2022, WERE REVIEWED.
• MOTION MADE BY REINHART, SECONDED BY FRANKS, TO ACCEPT THE MINUTES FROM THE APRIL 18, 2022, REGULAR COUNCIL MEETING. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.
THE APRIL DISBURSEMENTS WERE REVIEWED AND DISCUSSED.
• MOTION MADE BY REINHART, SECONDED BY JORDAN, TO ACCEPT THE APRIL RECONCILIATION REPORT. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.
VISITORS
ZONING INSPECTOR GABE OBERLIN UPDATED COUNCIL ON ZONING MAP AMENDMENT PROCESS AND RECOMMENDATION OF PLANNING AND ZONING COMMISSION. PUBLIC HEARING CONDUCTED AND BASED ON PUBLIC COMMENT FROM TWO (2) PROPERTY OWNERS (SHAWN DOOLEY FOR DOOLEY FUNERAL HOME AND BRYCE STEINER FOR WESTBEND NEWS), THE PROPERTIES OWNED BY THESE BUSINESSES WERE REMOVED FROM THE ORIGINAL LIST OF PARCELS FOR ZONING CLASSIFICATION CHANGES. THE PLANNING AND ZONING COMMISSION MODIFIED THEIR RECOMMENDATION AND THE REMAINING PARCELS ON THE LIST FOR ZONING CLASSIFICATION CHANGES (50 PARCELS), REFLECTED IN A LIST OF THOSE PARCELS ALONG WITH A HIGHLIGHTED ZONING MAP REFLECTING THOSE CHANGES, WERE PRESENTED TO COUNCIL FOR AN APPROVAL OF THE ZONING MAP AMENDMENT.

DUSTIN SENSABAUGH WAS IN ATTENDANCE AT THE REQUEST OF COUNCIL TO ANSWER QUESTIONS ON SPLASH PAD PROJECT THAT WERE RAISED AT APRIL MEETING, SPECIFICALLY QUESTIONS ON LOCATION OF SPLASH PAD IN PARK, COSTS TO MAINTAIN THE SPLASH PAD, AND CURRENT STATUS OF PROJECT. DUSTIN PROVIDED COUNCIL WITH WRITTEN MATERIALS ON COSTS AND MAINTENANCE OF SPLASH PAD AND TIMELINE FOR PROJECT, AS WELL AS AN UPDATED SURVEY SHOWING THE LOCATION FOR THE SPLASH PAD AND SOIL TESTING REPORT. CURRENT QUOTE FOR PROJECT IS $206,515.00, WHICH IS GOOD UNTIL THE END OF JUNE AT WHICH TIME COSTS COULD INCREASE.

DOUG BRAGG WAS IN ATTENDANCE TO ASK FOR PERMISSION TO PUT DRIVEWAY OVER VILLAGE PROPERTY. VILLAGE OWNS 35 FEET OF PROPERTY THAT RUNS ALONG HIS PROPERTY. HE WANTS TO ADD TWO DRIVES OFF WATERPLANT DRIVE, ONE TO THE HOMESTEAD THAT IS FOR SALE AND ONE TO A BARN IN BACK. THE ONE TO THE HOMESTEAD HAD BEEN STARTED AND THEN HE WAS INFORMED OF THIS ISSUE. THIS 35 FOOT AREA HAS WATER LINES, GAS LINES AND OTHER BURIED UTILITIES. THE OTHER PROPOSED DRIVEWAY WOULD ENCROACH IN A PUBLIC RIGHT-OF-WAY. COUNCIL RECOMMENDED THE UTILITY COMMITTEE MEET TO REVIEW, GET MORE DETAILS, AND THEN MAKE A RECOMMENDATION TO COUNCIL ON HOW TO PROCEED.

POLICE REPORT
POLICE CHIEF CLEMENS PROVIDED A WRITTEN REPORT SHOWING 106 CALLS FOR SERVICE FOR THE MONTH OF APRIL WITH 0 OFFENSES.

EMS REPORT
EMS COORDINATOR-CLERK ASHLEY MCDOUGALL PROVIDED A WRITTEN REPORT SHOWING 172 OUTSTANDING RUNS. EMS HAD 25 RUNS IN APRIL. COLLECTIONS IN APRIL WERE $4,848.21. A YEAR-TO-DATE TOTAL OF COLLECTIONS IS $36,447.43 WITH A YEAR-TO-DATE RUN TOTAL OF 116 RUNS.

FISCAL OFFICER’S REPORT

SECOND READING OF RESOLUTION NO. 2022-03: A RESOLUTION TO PROCEED WITH SUBMISSION OF THE QUESTION OF LEVYING 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)

A FIRST READING OF RESOLUTION NO. 2022-04 OCCURRED AT THE APRIL 18 COUNCIL MEETING. COUNCIL INSTRUCTED FISCAL OFFICER TO READ AS AN EMERGENCY MEASURE.

EMERGENCY READING OF RESOLUTION NO. 2022-04: A RESOLUTION SUPPORTING THE HOLLY BEACH SPLASH PAD PROJECT BY ANTWERP COMMUNITY DEVELOPMENT COMMITTEE INC. AND GRANTING PERMISSION FOR THE CONSTRUCTION AND INSTALLATION OF A SPLASH PAD AT RIVERSIDE VETERANS MEMORIAL PARK; AND DECLARING THE SAME AN EMERGENCY

SEE ABOVE REPORT OF DUSTIN SENSABAUGH REGARDING DETAILS ON THIS PROJECT. THE UPDATED SURVEY PROVIDED WAS ATTACHED TO THIS RESOLUTION.

• MOTION MADE BY RISTER, SECONDED BY REINHART, TO SUSPEND THE RULES REGARDING RESOLUTION NO. 2022-04. 5 YEAS, 0 NAYS, 1 ABSTAIN (SMITH). MOTION CARRIED AND APPROVED.
• MOTION MADE BY RISTER, SECONDED BY JORDAN, TO ACCEPT RESOLUTION NO. 2022-04. 5 YEAS, 0 NAYS, 1 ABSTAIN (SMITH). MOTION CARRIED AND APPROVED.

SECOND READING OF ORDINANCE NO. 2022-15: AN ORDINANCE AMENDING ORDINANCE NO. 2010-16, AN ORDINANCE TO RETAIN THE SERVICES OF A ZONING INSPECTOR FOR THE VILLAGE OF ANTWERP, PAULDING COUNTY, OHIO SPECIFICALLY TO AMEND SUCH ORDINANCE TO PROVIDE A ONE-TIME PAYMENT ON COMPLETION OF ZONING ORDINANCE UPDATE

EMERGENCY READING OF RESOLUTION NO. 2022-06: A RESOLUTION CONSENTING TO THE WAIVER OF POTENTIAL CONFLICT OF INTEREST AND AUTHORIZING THE MAYOR TO ENTER INTO A WAIVER OF THE POTENTIAL CONFLICT OF INTEREST BY AND BETWEEN THE VILLAGE OF ANTWERP, OHIO, AND NATIONAL OIL & GAS, INC. IN REGARD TO THE 102 RIVER STREET TRANSACTION, AND DECLARING THE SAME AN EMERGENCY
SOLICITOR FARR EXPLAINED THAT A PRIVATE TRANSACTION REGARDING THE PURCHASE AND SALE OF 102 RIVER STREET HAS RESULTED IN A REQUEST TO THE VILLAGE TO ASSIST IN REGARD TO ENCROACHMENTS IN THE PUBLIC RIGHT-OF-WAY AND THE WATERLINE EASEMENT LEGAL DESCRIPTION. SOLICITOR FARR’S LAW PARTNER REPRESENTS THE BUYER IN THE TRANSACTION. THERE COULD BE A POTENTIAL CONFLICT OF INTEREST, AND IN ORDER FOR SOLICITOR FARR TO BE ABLE TO REPRESENT THE VILLAGE AS TO THE ENCROACHMENTS AND WATERLINE EASEMENT, THE POTENTIAL CONFLICT OF INTEREST NEEDS WAIVED, AND A WRITTEN WAIVER OF POTENTIAL CONFLICT OF INTEREST WAS PRESENTED TO COUNCIL FOR APPROVAL.
• MOTION MADE BY RISTER, SECONDED BY REINHART, TO SUSPEND THE RULES REGARDING RESOLUTION NO. 2022-06. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.
• MOTION MADE BY RISTER, SECONDED BY FRANKS, TO ACCEPT RESOLUTION NO. 2022-06. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.
EMERGENCY READING OF ORDINANCE NO. 2022-17: AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE OF ANTWERP, OHIO, TO REZONE CERTAIN PARCELS IN THE VILLAGE OF ANTWERP, OHIO, AND DECLARING THE SAME AN EMERGENCY
SEE ZONING INSPECTOR REPORT ABOVE ON THE DETAILS OF THE ZONING MAP AMENDMENTS. HE PRESENTED THE HIGHLIGHTED ZONING MAP REFERENCED IN THE ORDINANCE, WHICH IS ATTACHED THERETO. THE ORDINANCE IS PRESENTED AS AN EMERGENCY MEASURE SINCE THE ZONING ORDINANCE PROVIDES THAT COUNCIL MUST ACT WITHIN 30 DAYS AFTER THE PUBLIC HEARING.
• MOTION MADE BY REINHART, SECONDED BY JORDAN, TO SUSPEND THE RULES REGARDING ORDINANCE NO. 2022-17. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.
• MOTION MADE BY RISTER, SECONDED BY FRANKS, TO ACCEPT ORDINANCE NO. 2022-17. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED.
EMERGENCY READING OF ORDINANCE NO. 2022-18: AN ORDINANCE AUTHORIZING THE VILLAGE’S PARTICIPATION IN THE NON-FILING DELINQUENCY PROGRAM THROUGH THE REGIONAL INCOME TAX AGENCY (R.I.T.A.) AND AUTHORIZING THE VILLAGE ADMINISTRATOR TO EXECUTE THE R.I.T.A. NON-FILING PROGRAM AUTHORIZATION AND AUTHORIZATION LETTER, AND DECLARING THE SAME AN EMERGENCY
THIS PROGRAM ALLOWS RITA TO SEND A LETTER TO NON-FILERS AND THEN AN ADMINISTRATIVE SUBPOENA IF THE LETTER DOES NOT RESULT IN THE REQUESTED INFORMATION. THE COST TO THE VILLAGE IS $1.00 PER ADMINISTRATIVE SUBPOENA ISSUED. THIS ORDINANCE IS PRESENTED AS AN EMERGENCY MEASURE SINCE THE DEADLINE TO ENTER INTO BOTH PARTS OF THE PROGRAM IS JUNE 1, 2022.
• MOTION MADE BY RISTER, SECONDED BY REINHART, TO SUSPEND THE RULES REGARDING ORDINANCE NO. 2022-18. 5 YEAS, 1 NAY (STEINER). MOTION CARRIED AND APPROVED.
• MOTION MADE BY RISTER, SECONDED BY REINHART, TO ACCEPT ORDINANCE NO. 2022-18. 5 YEAS, 1 NAY (STEINER). MOTION CARRIED AND APPROVED.
ADMINISTRATOR’S REPORT
ADMINISTRATOR BRIAN DAVIS IS WORKING ON UPDATING FLOOD MAP AND WORKING WITH ODNR TO UPDATE THE FLOODPLAIN REGULATIONS. HE HAS PASSED INFORMATION ON TO SOLICITOR FARR TO PREPARE AN ORDINANCE FOR FIRST READING AT JUNE MEETING TO ADOPT THE UPDATED FLOODPLAIN REGULATIONS.

DAVIS ALSO INFORMED COUNCIL THAT WE HAVE BECOME A VOTING MEMBER OF OHIO 811 (OUPS) TO REDUCE OUR COSTS BY 70% PER UTILITY LOCATE.

THE VILLAGE OF ANTWERP WAS AWARDED THE TAP GRANT FOR ERIE STREET SIDEWALK PROJECT. THIS GRANT IS A 95% GRANT TO 5% MATCH. THE VILLAGE WAS AWARDED UP TO $100,000 WITH MONIES BEING AWARDED IN 2024.

A GRANT WILL BE SUBMITTED AT THE END OF THE MONTH TO PAULDING COUNTY COMMISSIONERS FOR THE RAILROAD STREET PROJECT AT A REQUEST OF A MINIMUM OF $50,000. THE PROJECT ESTIMATE IS $128,000.

DAVIS ALSO INFORMED COUNCIL THAT THE WATERPLANT ENGINEERING IS DONE. THE ESTIMATION FOR A NEW WATERPLANT IS $5.325 MILLION. WITH APPROXIMATELY 720 RESIDENTS HAVING WATER AND NO FUNDING INCLUDED IN ESTIMATE, THE AMOUNT PER METER WOULD BE APPROXIMATELY $24.00 PER MONTH, FOR A 30 YEAR LOAN AT .78% INTEREST ($72.00 PER QUARTER). AGAIN, THIS IS WITHOUT ANY FUNDING INCLUDED IN THIS FIGURE. THE VILLAGE WOULD APPLY FOR GRANTS AS WELL.

WESSLER ENGINEERING IS DOING AN ENGINEERING STUDY ON REGIONALIZATION OF WATER SUPPLY. THIS WOULD BE FOR ALL POLITICAL SUBDIVISIONS IN THE COUNTY. THE COST TO THE VILLAGE OF ANTWERP FOR THEIR PORTION OF THE ENGINEERING STUDY IS $4,800.00. DAVIS WILL PROCEED IN AUTHORIZING THE VILLAGE’S PARTICIPATION IN THIS STUDY.

COMMITTEE REPORTS
STEVE JORDAN ATTENDED THE FIRE TRAINING MEETING ON MAY 4. HE INFORMED COUNCIL THAT THE FIRE DEPARTMENT HAS ONLY TWO FIREFIGHTERS IN THE VILLAGE DURING THE DAY. HE SAYS LACK OF FIREFIGHTERS IS AN ISSUE EVERYWHERE, NOT JUST ANTWERP. HE IS ASKING THAT WE THINK ABOUT WAYS WE COULD HELP GROW THIS DEPARTMENT. HE WILL BE ATTENDING THE NEXT FIRE MEETING AS WELL TO GAIN MORE INFORMATION. FISCAL OFFICER LICHTY INFORMED COUNCIL THAT WE DO GET STATE GRANT MONIES TO HELP PAY FOR FIREFIGHTER TRAINING AND TESTING.

NEW BUSINESS
NONE

OLD BUSINESS
STEINER AGAIN PROPOSED THAT COUNCIL CONSIDER ALLOWING VILLAGE RESIDENTS TO HAVE / RAISE SMALL LIVESTOCK IN THE VILLAGE. HE PREPARED AND CIRCULATED A VILLAGE OF PAULDING REGULATIONS FOR RAISING ANIMALS INSIDE THE VILLAGE FOR 4-H USE ONLY.

SOLICITOR FARR INFORMED COUNCIL THAT HOUSE BILL 124 FAILED IN DECEMBER OF 2020 AND IT ONLY DEALT WITH COUNTIES AND TOWNSHIPS, NOT MUNICIPALITIES. STEINER MENTIONED THIS HOUSE BILL IN THE APRIL MEETING IN REFERENCE TO HIS PROPOSED “ANIMAL CONTROL REGULATIONS” FOR MODIFYING R1 NEIGHBORHOODS. SOLICITOR FARR STATED THAT WE NEED TO MAKE SURE THAT WE ARE NOT RELYING ON THINGS THAT ARE NOT LAW, AND GOING FORWARD TO LET HER KNOW IN ADVANCE AND SHE CAN RESEARCH STATUS OF PROPOSED BILL. STEINER COMMENTED THAT HE SPOKE WITH CRAIG RIDEL TO GET THE INFORMATION HE PROVIDED ON HOUSE BILL 124. COUNCIL MEMBERS DISCUSSED IN DEPTH STEINER’S PROPOSAL WITH CONCERNS RAISED BY SMITH THAT STEINER IS NOT BEING TRUTHFUL ABOUT COUNCIL’S DISCUSSION ON THIS MATTER ON SOCIAL MEDIA POSTS AND THAT HE MAY BE ADVISING THE RESIDENTS TO RAISE SMALL LIVESTOCK CONTRARY TO VILLAGE ORDINANCES (RAISING A CONCERN THAT HE IS VIOLATING HIS OATH OF OFFICE). JORDAN STATED THAT HE HAS BEEN APPROACHED BY RESIDENTS THAT DO NOT WANT THE VILLAGE TO CHANGE ITS LAW ON ALLOWING SMALL LIVESTOCK IN VILLAGE LIMITS. STEINER WANTS MICHAEL SCHWEINSBERG TO ATTEND NEXT COUNCIL MEETING TO DISCUSS THIS MATTER. HE WAS REMINDED THAT ANY VISITORS NEED TO REQUEST TO BE ON THE COUNCIL MEETING AGENDA IN ADVANCE OF THE MEETING.

ALSO UNDER OLD BUSINESS, SMITH ASKED IF THERE WAS A WAY TO APPROVE FINAL PLAT FOR UNSOLD LOTS IN MAUMEE LANDING SUBDIVISION SO THAT IT WOULD NOT NEED TO BE DONE AS AN EMERGENCY MEASURE EACH TIME A LOT IS SOLD. SOLICITOR FARR REMINDED COUNCIL THAT THE PROCESS TO APPROVE A FINAL PLAT WHEN A LOT IS SOLD WAS BEING DONE AT THE REQUEST OF THE DEVELOPER TO AVOID AN INCREASE IN PROPERTY TAXES BEFORE THE SALE OF THE LOT.

MAYOR’S REPORT
MAYOR’S COURT BROUGHT IN $0.00 IN THE MONTH OF APRIL 2022

• MOTION MADE BY RISTER, SECONDED BY STEINER, TO ADJOURN THE MEETING. 6 YEAS, 0 NAYS. MOTION CARRIED AND APPROVED. MEETING ADJOURNED AT 7:00 P.M.

MAYOR_________________________________________
FISCAL OFFICER___________________________________ DATE________________