Minutes of the Van Wert City Council

June 10, 2024

Council President Thad Eikenbary called the meeting to order at 6:30 p.m.

Pastor Bill Watson with Pentecostal Way Church gave the invocation. 

On call of the roll: Kallas, Bowers, Agler, Dettrow, Moore and Marshall were present.

Agler made a motion to dismiss Ringwald from the meeting. Marshall seconded; all concurred.

Dettrow made a motion to approve the Consent Agenda. Agler seconded; all concurred.

ADMINISTRATIVE REPORTS

MAYOR:  The mayor shared that the committee that handles requests for enterprise zones met. The committee approved a request for Alliance Automation similar to one done three years ago. Brent Stevens was introduced to explain further details on this and  another item that will require council approval. 

Stevens stated on June 3, Alliance Automation submitted an application to request a tax abatement for a 70,000 square foot addition to it’s existing building in Vision park that will add 100 new jobs. It will be recommended to the commissioners and superintendent of Van Wert to approve, as it will have to be requested to them as well. Mr. Stevens also said this is exciting for Van Wert because the company was actually looking to expand in Indiana or Michigan instead of this addition. He alluded to the fact that their request from three years ago, Alliance Automation set a goal of bringing 50 jobs and greatly surpassed that; he is anticipating a similar result with this request as well.

Stevens also mentions 2.94 acres were sold on the Northwest corner of Vision Park, corner of Production Drive and John Brown Rd., to Highway 30 Truck Wash. He is suggesting a resolution be prepared for transfer of property to the CIC. CIC will then sell the land to the truck wash. Right now the only truck washes are in Fort Wayne or Beaverdam with long wait times.

Stevens shares the spec building located out in vision park sold to a company that will add approximately 60 jobs starting production in June/July of 2025.

Lastly, Stevens reminds council members of an email he sent them in regards to July 17th jobs Ohio Site Certifications that they will make a presentation from 2:30-4:30 and asked all stakeholders in economic development to be present, so Stevens invited council members to that.

SAFETY SERVICE DIRECTOR: Fleming thanks all departments involved for a successful Peony weekend. 

There was Issue 1 money received around 18 months ago in the amount of approximately $450,000 earmarked to replace water mains going east on Main starting from Cherry. With the exponential growth of costs, the safety service director stated that they also applied for grant money last year which they ultimately did not get granted. Now, the water main project is projected to cost approximately $650,000 starting at Cherry and heading East until funds are depleted. Mr. Fleming requested the Law Director draft up an ordinance to allow him to bid that job out before they lose the Issue 1 money.

AUDITOR:  Not present.

LAW DIRECTOR: The Law Director reports speaking to Judge Worthington about moving the Law Director’s office into available space in the Municipal Court Building which is still controlled by the city. Van Wert Code of Ordinance 31.04, section C states Law Director shall maintain regular office hours during the time that the Municipal Building is open. It doesn’t necessarily say the office has to be there, but it is implied. The Municipal Court is not open the same hours, because they close at 4:00. Mr. Hatcher is asking the Judiciary and Annexation councilman, Bowers, to ask for a motion to prepare an amendment to allow his office to be moved as an emergency. Bowers made a motion to prepare the amendment. Agler seconded; all concurred. 

Dettrow asked what the moving timeframe would look like for the Law Director and he said it would be as soon as possible.

COMMENTS, COMMUNICATIONS & PETITIONS:

None

COMMITTEE REPORTS

FINANCE:  Not present.

STREETS AND ALLEYS: Mr. Kallas made a motion to request that the council table the second reading of Amended Ordinance Number: 24-04-021. This ordinance would eliminate each of the council’s seven committees. With this being a committee change, it will require 6 votes to pass; Kallas would like the full council present in order to vote. Agler seconded; all concurred.

Mr. Kallas made a motion to prepare an ordinance that will authorize the City Auditor to sign an agreement with Red Tree Investments to advise the auditor’s office in investing city funds for the city of Van Wert, Ohio and declaring it as an emergency. Agler seconded; all concurred.

Mr. Kallas made a motion to prepare an ordinance that will allow the mayor, on behalf of the city, to consent to a renewal of enterprise zone agreement with Alliance Automation Group, as an emergency. Mr Dettrow seconded; all concurred.

JUDICIARY AND ANNEXATION: No report. Law Director asks for council to review the amendments as it was prepared for Ordinance Number: 24-06-035 that Bowers intends to introduce during Resolutions and Ordinances.

PROPERTIES AND EQUIPMENT: Mr. Agler wants a meeting with Properties & Equipment to run an idea past the council on the police department. A council of the whole meeting was scheduled for 6:00 on June 24th before the next regular council meeting. Police Chief is being requested to be present.

PARKS AND RECREATION: Mr. Dettrow reiterated thanks to all departments involved in Peony weekend and streets looked great and clean for the busy weekend.

He also states he will be absent for the next 2 meetings to stay transparent with council and public. The absence entails traveling to Washington D.C. to receive an award and study the constitution to further his education as part of his full time job as a teacher.

HEALTH, SERVICE AND SAFETY: Asks for updates on blighted properties. 

Law Director reports on blighted properties. Blighted Property #1 is set for a trial the first week after labor day. Blighted Property #3 had a complaint filed, a court hearing took place where a request was made to make an adjustment to the complaint. That will be adjusted and then refiled; anticipated to be heard next month. Blighted Property #5, owner has been contacted and has been in open communication; more communication is needed to see what action needs to be taken. Blighted Property #6 was stalled, but as of May production has resumed; that owner is also a frequent communicator. Blighted Property #8 had a court hearing in which the owner appeared without council; court granted extra time to the owner to file proper paperwork. Blighted Property #11, land bank is involved again. Blighted Property #13, no update. Blighted property was defined for the public as an abandoned property that is either dilapidated or has no working utilities ran to it where the city takes initiative to work with property owners to get the houses functional or knocked down.

Mr. Agler wants action taken on old Flea Market/Variety Shop where the roof is caving in. Markward stated there are big pushes being made on these types of commercial buildings in the community.

ECONOMIC DEVELOPMENT: No report.

QUESTIONS/COMMENTS FROM COUNCIL and PUBLIC

Kallas is proposing to let public vote on marijuana issue, but there needs to be research by law director to see if it can even be put on ballot by council and timing requirements. 

Bowers shares research from places in Michigan and reports that Michigan Law Enforcement states recreational use increased crime rates in the state, but then adding the recreational dispensary increased this even more. In the school, there were many cases that were drug related. In southwest Michigan, there were similar numbers reported. 

Law Director elaborates how to obtain licensure for a dispensary and general state laws around where a dispensary can be located.

Wilbur Clymer, 694 N. Washington St., speaks in opposition to both types of dispensaries because Van Wert does have a drug problem. We have multiple facilities to rehabilitate drug addiction that wouldn’t be here if there wasn’t such a problem. Millions of dollars are being used to fund these, not necessarily by the city. He states marijuana is a gateway drug to harder drugs and that it affects our youth negatively and may send them down the wrong path. Drugs are a top reason for people not being able to get, hold or want a job at all. Clymer compares opening a dispensary would be similar to opening a bar next to an alcohol rehabilitation center. Clymer encourages council to consider not approving the dispensaries.

Robert Wilson, Scott OH, who owns a vape shop in the city, reiterates FDA is rescheduling marijuana into a class 3, the same class as Tylenol with Codeine which you can buy at Walmart. He is a cancer survivor who uses marijuana over opioid drugs that were unhealthy for him. Wilson states Marijuana is the least problematic and states that it’s safer for users to buy locally versus traveling. 

Berdita Smith, Van Wert, OH shares that she is 15 years clean from drug addiction and believes marijuana is a gateway drug and makes people lazy and unmotivated. She reiterates that the potency of street drugs has drastically increased, including marijuana. She struggles with lupus and takes no medicine or drugs for discomfort.

Mark Davis, 402 S. Tyler St., reiterates that any adult over 21 years of age can grow up to 6 plants in a locked room in their house, so banning a dispensary does not stop the drug from existing in the city, so the city needs to take action and take control.

Kannen Wannemacher, S Franklin St., shares that in high school as vapes became more and more popular and abundant that although teachers were trying to control it, students were forcing vapes and dab pens in each others faces and he saw friends go down wrong paths because of them.

Abby Wannemacher, S Franklin St., originally from Michigan, states that her sophomore year of high school is when marijuana became legal in the state of Michigan, and although the law stated 21 years of age and older for users, it “ripped and roared” through her high school and witnessed firsthand how it effected her classmates and students. She gave an example of a family friend with a medical license that openly shares with an underage family member that ultimately takes the marijuana to gatherings and parties.

Angela Foreman, Van Wert County, helped with Celebrate Recovery on Franklin St. stated that many of the clients were from Van Wert and the clients attested to marijuana is a gateway drug. Not only court ordered clients but voluntary clients as well. 

Kallas reiterates that medical marijuana is a proven drug that helps those in need. He reminds us that not having a medical dispensary will not solve the drug problem in Van Wert.

Moore states everyone should be able to advocate for themselves without outside people telling them what they can and can’t put into their bodies. Allowing medicinal marijuana is similar to prescription drugs or guns in the sense that we have to be responsible in terms of our jobs and our children. They cannot just be laid out for any person or child to access it.

Agler expresses concern of local growers selling on the streets to minors.

Brad Custis, Maxine Ln. Van Wert, asking council to lead, meaning council won’t just “do nothing” because “that means yes”. He is asking for leadership to show that if you’re for medicinal dispensaries to speak out on why you are advocating for it.

Kenny Armstrong, Delphos, OH, against drugs of any kind and takes no drugs for personal medical conditions. This is the future of our youth we are planning for who are susceptible to making mistakes.

UNFINISHED BUSINESS

Swimming Pool; public canceled meeting scheduled due to health issues.

NEW BUSINESS:  None

RESOLUTIONS & ORDINANCES

Second Reading Advisory for Number: 24-05-028; A RESOLUTION RESCINDING RESOLUTION 17-07-045 TO ALLOW THE ISSUANCE AND PROCESSING OF ANY PERMITS OR CERTIFICATES OF OCCUPANCY ALLOWING THE CULTIVATION, PROCESSING OR RETAIL DISPENSING OF MARIJUANA FOR MEDICAL PURPOSES WITHIN THE CITY OF VAN WERT. Kallas, Agler, Dettrow, Moore, and Marshall voted yes. Bowers voted no. 

Second Reading Advisory for ORDINANCE Number: 24-05-029; AN ORDINANCE TO ADD A NEW PERMITTED USE ALLOWING THE PLACEMENT OF MARIJUANA DISPENSARIES IN THE CITY OF VAN WERT OHIO, TO CHAPTER 150 SECTION 150.15 (F)(1) PERMITTED AND CONDITIONAL USES B-3 HIGHWAY AND GENERAL BUSINESS OF THE VAN WERT CITY CODE OF ORDINANCES. Kallas, Agler, Dettrow, Moore, and Marshall voted yes. Bowers voted no.

Agler made a motion to prepare an ordinance to allow the safety director to advertise, bid and award contracts for the East Main Street watermain replacement project, declaring an emergency. Kallas seconded; all concurred. Agler made a motion to introduce ORDINANCE Number: 24-06-031. Kallas seconded; all concurred. Agler made a motion to suspend statutory rules for ORDINANCE Number: 24-06-031. Kallas seconded; all concurred. Agler made a motion to pass, as an emergency, ORDINANCE Number: 24-06-031; AN ORDINANCE TO AUTHORIZE THE SAFETY-SERVICE DIRECTOR TO ADVERTISE, BID AND AWARD CONTRACTS FOR THE EAST MAIN STREET WATERMAIN REPLACEMENT PROJECT AND DECLARING AN EMERGENCY. Moore seconded; all concurred. Ordinance passed.

Agler made a motion to prepare an ordinance to authorize the mayor to sign a deed conveying 2.94 acres of ground commonly known as subdivision 458-11 in the City of Van Wert to the CIC. Kallas seconded; all concurred. Agler made a motion to introduce ORDINANCE Number: 24-06-033. Kallas seconded; all concurred. Agler made a motion to suspend statutory rules for ORDINANCE Number: 24-06-033. Kallas seconded; all concurred. Agler made a motion to pass, as an emergency, ORDINANCE Number: 24-06-033; AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN A QUIT CLAIM DEED CONVEYING 2.94 ACRES OF GROUND COMMONLY KNOWN AS SUBDIVISION 458-11 IN THE CITY OF VAN WERT TO THE COMMUNITY IMPROVEMENT CORPORATION OF THE CITY OF VAN WERT AND VAN WERT COUNTY OHIO (CIC) AND DECLARING THE SAME AS AN EMERGENCY. Kallas seconded; all concurred. Ordinance passed.

Kallas made a motion to introduce ORDINANCE Number: 24-06-032. Agler seconded; all concurred. Kallas made a motion to suspend statutory rules for ORDINANCE Number: 24-06-032. Agler seconded; all concurred. Kallas made a motion to pass, as an emergency, ORDINANCE Number: 24-06-032; AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO SIGN AN AGREEMENT WITH RED TREE INVESTMENTS TO ADVISE THE AUDITOR’S OFFICE IN INVESTING CITY FUNDS FOR THE CITY OF VAN WERT, OHIO AND DECLARING THE SAME AS AN EMERGENCY. Moore seconded; all concurred. Ordinance passed. Kallas made a motion to introduce ORDINANCE Number: 24-06-034. Agler seconded; all concurred. Kallas made a motion to suspend statutory rules for ORDINANCE Number: 24-06-034. Agler seconded; all concurred. Kallas made a motion to pass, as an emergency, ORDINANCE Number: 24-06-034; AN ORDINANCE AUTHORIZING THE MAYOR, ON BEHALF OF THE CITY OF VAN WERT TO CONSENT TO ENTER INTO A RENEWAL OF ENTERPRISE ZONE AGREEMENT WITH ALLIANCE AUTOMATION LLC/ ALLIANCE PROPERTY GROUP, LLC/ ALLIANCE CAPITAL HOLDINGS, LLC, AND TO DECLARE AN EMERGENCY. Agler seconded; all concurred. Ordinance passed.

Bowers made a motion to introduce ORDINANCE Number: 24-06-035. Agler seconded; all concurred.

First Reading Advisory for ORDINANCE Number: 24-06-035; AN ORDINANCE TO AMEND CHAPTER 150: ZONING BY ADDING CHAPTER 150.03 DEFINITIONS AND CHAPTER 150.15 PERMITTED AND CONDITIONAL USES OF THE VAN WERT CITY CODE OF ORDINANCES. All concurred.

Kallas made a motion to adjourn at 8:06 p.m.  Agler seconded; all concurred.