Author Archives: Bill O'Connell

Fulton County Press Release

FOR IMMEDIATE RELEASE

On April 27, 2022, the Sixth District Court of Appeals will hear oral arguments in Fulton County for the first time since 2013.

The Ohio courts of appeals are established in the Ohio constitution and their primary function is to decide appeals from the common pleas, municipal, and county courts.   The state is divided into twelve appellate districts.  The Sixth District Court of Appeals has its courthouse in Toledo and decides appeals from all trial courts across Erie, Fulton, Huron, Lucas, Ottawa, Sandusky, Williams, and Wood counties.  All cases are heard and decided by a three-judge panel, comprised of judges who are elected to their position by voters within this same region.  There are five elected judges on the Sixth District Court of Appeals: Presiding Judge Myron Duhart and Judges Mark Pietrykowski, Thomas Osowik, Christine Mayle and Gene Zmuda.

The Sixth District Court of Appeals functions much like the Ohio or United States Supreme Court in that it determines whether the decision of the lower court should be affirmed or reversed, and its decisions become binding law, or precedent, for future cases within its eight-county territory.

The Sixth District Court of Appeals normally hears oral arguments at its courthouse in Toledo.  On April 27, 2022, the court will hold a special session of oral arguments in the renovated Fulton County courthouse. The following cases will be heard, beginning promptly at 10:00 a.m.:

Row v. Row

Case No. L-21-1231

State of Ohio v. Rafael Sepeda

Case No. L-21-1123

Henry County Bank v. Dudley

Case Nos. L-21-1192 & 1254

The three-judge panel for these cases will consist of Presiding Judge Myron Duhart and Judges Christine Mayle and Gene Zmuda.  

These arguments are open to the public.  Attendees are encouraged to arrive at the courthouse twenty minutes ahead of time.

Questions regarding the April 27th session may be directed to Sixth District Court of Appeals Court Administrator Jason A. Hill.  Mr. Hill may be reached at (419) 213-4577.

Village of Swanton Welcomes New Finance Director

M. Jason Vasko, recently hired as the Village’s new Finance Director, was introduced to last night to the Swanton Village Council at their regularly scheduled Council meeting.  His hiring fills the void left by Jennifer Harkey who resigned earlier this year to take a similar position with the City of Maumee.

Mr. Vasko was born and raised in Metamora and graduated from Evergreen High School. He studied Accounting and Business Management at Defiance College and has a Master’s in Business Administration from Lourdes University.

Jason resides in Archbold, Ohio with his wife and three sons, where he is the Scoutmaster for Boy Scouts of America (BSA) Troop 63. When not working, he enjoys spending his time camping or with his family.

Pictured:  Swanton’s new Finance Director, M. Jason Vasko

Swanton School Board Meets New Head Football Coach

At the March meeting of the Swanton Board of Education (BOE), Superintendent Chris Lake introduced Eric Keller as the Bulldog’s new head football coach.  Coach Keller is an alum of Swanton High School and has an extensive high school coaching background in both football and track.  His football coaching resume includes 15 years as the head coach at Sylvania Northview and many years as an assistant at Northview, Rossford and, for the past two years, here at Swanton.  Mr. Keller recently retired after 36 years of teaching high school science but still occasionally teaches as a substitute.

“Two weeks ago,” was the response Coach Keller gave when asked when the next football would begin.  He has started weight training session for athletes not involved in baseball or track.  “They have to get used to my style and the way I run the weight room and they way I run the program,” said Keller.  “Once the Spring sports are over and the summer starts, I’m looking for that buy-in and to get the community and everyone on board.”

The Bulldog football program is looking to bounce back from several lean years, including a 0-10 record in 2021 but Coach Keller is enthusiastic and optimistic about the future.  “I’m really excited about our coaches.  Having done this so long and knowing myself, I’m really confident with what I’m doing and I think I’m pretty good working with kids,” he said.

Pictured: New Swanton Head Football Coach Eric Keller

Village of Delta Moves to Redevelop Bunting Bearing Property

The Delta Village Council unanimously approved the First Reading of Resolution 22-06, authorizing the Village Administrator to enter into a cooperative agreement with the Fulton County Land Bank, Bunting Bearing Inc. and the Village of Delta for the transfer of property, environmental testing, remediation and redevelopment of the Van Buren Street properties.  The company has relocated it’s Delta operations to their manufacturing facility in Holland, Ohio.

Village Administrator Brad Peebles informed Council members that his office had worked out the majority of the details with the Fulton County Commissioners and Fulton County Land Bank for the use of state funds to acquire the property, demolish the existing structure, clean up the grounds and prepare it for resale.

“The intent and the thought process for future use of the area would be to make apartments in that area and possibly even incorporate land to the north of that as a larger area for redevelopment,” explained Mr. Peebles.  “In that agreement, the Village is responsible for compensating Bunting Bearing to the tune of $250,000 over a three-year term for a portion of their relocation expenses.  In turn, they will donate the property to the Land Bank.  When it is tested and remediated, the property will be sold, at which time the Village will recoup a portion of their funds.”

Mr. Peebles also said that the Village will retain all scrap value from the demolition of the buildings which is estimated will be between $50,000 and $80,000 when it becomes available in approximately 12 to 18 months and it maybe another year before it is ready to redevelop.  According to Ohio law, because the property will be owned by the Land Bank, the Village may purchase it without have to engage in a bidding competition.

In the Administrator’s Report, it was stated that a letter is being prepared to send to all residents of Delta letting them know the Village plans to focus this year on alley conditions and zoning issues that are noticed while traveling these alleys.  Overgrown bushes and shrubs along these alleys will be addressed as well as such things as trailers and vehicles being parked along and within the alley right-of-way.

Bids were received for the repaving of North Madison Street from Main Street to Fernwood Street.  The lowest bid came in at $50,000 compared to an estimated cost of $75,000 and a budgeted amount of $100,000.  The project is due to be complete by July 31, 2022.

The Village was recently approached by several individuals asking for consideration to allow a multi-congregational “Worship in the Street” event in a field close to the Delta Police Station.  The event would take place on September 24, 2022 from 1:00 p.m. to 8:00 p.m. and include bands and children’s activities.  No alcohol would be allowed.

In other news.  The Utility Billing Clerk identified a significant water leak within the Wastewater Plant property with the metering indicating a loss of 181,000 cubic feet or 1,375,000 gallons.  Crews were sent to identify and repair the leak.

Pictured:  Delta’s Bunting Bearing property.

Swanton’s Lathan Pawlowicz Signs with ONU

The Ohio Northern University (ONU) Polar Bears football program has officially added Swanton Bulldog senior Lathan Pawlowicz to their list of incoming recruits for the 2022-2023 academic school year.  Lathan signed his National Letter of Intent yesterday in front of family, friends and fellow Bulldog athletes at Swanton High School.

“They’ve been talking to me since my junior year.  The coaches there really believe in me.  Ever since I went to their camp back in May of last year, they knew I was going to be their guy.  That’s what they kept telling me,” said Lathan, explaining his decision to attend ONU.  From his discussions with the Polar Bear coaches, Lathan believes he will be playing the tight end position as they look to expand their passing game.

Moving on to play at the next level allows Lathan to realize a life-long dream.  “Ever since I was a little kid, I wanted to play college football.  It was my dream,” he said. 

When Lathan heads to Ada and the ONU campus this summer, he hopes to reunite with Swanton alumni Xavier Williams who also went to ONU to play football and is still involved with the program.  Lathan plans on majoring in Manufacturing Technology.

Pictured:  Lathan signs with his parents, Dale and Erin, to his right and brother Carson to his left.

Swanton Village Council Looks to Remove “Excessive” Penalty from Tree Ordinance

In 2009, the Swanton Village Council approved an ordinance establishing a Street Tree Commission.  Ordinance 2009-24 also established planting and maintenance guidelines, laws and penalties for all trees or shrubs within the Village limits on both private and public property.  Work has been done to update and clarify this ordinance to give residents a better understanding of what is expected from tree ownership.

“I have, along with Rosanna (Administrator Hoelzle) and the agreement of the Tree Commission, have drafted a new Tree Ordinance and a new Tree Commission,” said Mayor Neil Toeppe.  “Currently, the Tree Ordinance and the Tree Commission are inextricably intertwined.  My objective is to separate the Ordinance (law) from the Tree Commission (advisory group).  I plan to present this to council in the near future.”

At their March 14th meeting, Council members also discussed dangerous trees on private property that had been determined by the Tree Commission to be removed or trimmed in the interest of public safety.  In cases where property owners do not comply, the Ordinance gives the Village the legal right to remove the tree(s) and bill the owner.  It also allows the Village to impose a fine equal to the cost of the tree removal.

Under Section Six: PRIVATELY OWNED TREES, Paragraph Three, the Ordinance reads, in part: Should the property owner or occupant fail to comply, it shall be lawful for the Village Administrator or his agent to enter upon the property and cause such action.  The property owner or occupant shall be charged double the cost of the work and cash payment shall be made within thirty days or double the actual cost of the work shall be assessed to their property taxes.

 A situation recently occurred where the Village contracted to have a dangerous tree on private property removed at the cost of $2,500.  Subsequently, the property owner was sent an invoice of $5,000.  In previous Council meetings, the fine was referred to as “excessive” and even “punitive”.

In determining what may be a fair and reasonable fine, Councilwoman Diane Westhoven recommended assessing a fine of five to ten percent of the work cost to cover administrative expenses incurred when managing the issue.  After more discussion, Council voted to levy a 10 percent fine which will be spelled out in the new ordinance.

Breaking the Brass Ceiling in Fulton County

According to the Nation Fire Protection Association (NFPA), there are approximately 1.1M firefighters today “manning” America’s almost 30,000 firehouses and of those million-plus first responders, only eight percent, or about 88,000 are women.  From that small nation-wide group, the NFPA estimates that only 150 women have been chosen to pin the brass badge of leadership on their uniforms.

In December of 2021, Jessica Geer joined the ranks of that elite group when she was promoted to the position of Fire Chief of the Metamora Amboy Volunteer Fire Department (MAVFD) after serving for three months in that position on an interim basis.  For the American firefighting community, the hiring was rare but not unprecedented.  For Fulton County, however, it was historic.  Jessica, Evergreen High School Class of ’98, a wife, a mother of two, and a 17-year veteran of the MAVFD become the first women appointed to the position of fire chief in the history of Fulton County, Ohio. 

Chief Geer built a solid foundation of education and training followed by years of experience that made her an attractive and qualified candidate for such a post.  She did post-secondary studies at Lourdes University during her Junior and Senior years of high school, received an Associate’s Degree in Physical Therapy from Owens Community College and worked as a Rehab Manager at facilities in Sylvania and Toledo.

Jessica joined the MAVFD as an Emergency Medical Technician (EMT) and many years later was promoted to Assistant EMS Director in 2018.  With that promotion came her desire to become more knowledgeable about the firefighting side of things.  “In that role I have a strong belief that you should have both sides,” she explained.  “If an issue comes from anyone you should be able to field it whether it’s EMS related or fire related.  So, I felt the need to know what the other side was doing.”  The Assistant EMS Director then completed her Volunteer Firefighter training quickly followed by becoming a certified Firefighter I.

In 2021, the Chief of MAVFD was experiencing some medical issues which left him physically unable to perform all the requirements of the job which led to Ms. Geer taking over on an interim basis.  When it was determined the Chief would not be returning, she was offered the position.

Starting a new job always comes with a little apprehension and when that job suddenly places you in a leadership role in charge of all your co-workers, it can present somewhat of a scary and daunting challenge.  It can be even more of a challenge when one of those co-workers happens to be your husband, as in Fire Captain Brent Geer.  Not only does the climate change at work but the family dynamics enter into uncharted waters.

“It does makes it a little bit interesting, said Chief Geer laughingly.  “But we’ve actually been married for 20 years, been together for 27 years.  We were high school sweet hearts so, it’ll be okay.  We come here.  We do what we have to do then we go home.”  Her family also includes her daughter Samantha who graduated from Evergreen last year and son Andrew, a junior at Evergreen who is showing an early interest in the family business of firefighting.

The challenges on the job for the new Chief will be many as she works to learn the position, then works to improve the department, all while keeping her community as safe and protected as possible.  Like every small municipality in the area, proper staffing is one of the largest issues that requires the most attention.  “Obviously, we’re trying to attract people to work for us.  Everyone is trying to make each individual department attractive so then you have to compete with your neighbor and that makes it a little more difficult,” explained Chief Geer.  To further complicate the situation, she also has to compete against the “big towns” like Toledo, Perrsyburg and Sylvania that can offer better wage and benefit packages.

The responsibility of maintaining fire engines and other related equipment and gear is another area where Geer is now fully involved.  “I have to make sure I know what is going on with those red fire trucks out there.  There’s lots of equipment here.  We have been very blessed by our supporters and our voters,” she said.  “They always are so gracious with our levies, which is great.”

Chief Geer says she has a lot of people within the department she can rely on to keep everything running smoothly.  “I have a good core group of dedicated people who are willing to be the full-time staff here, who come in every third day and do what needs to get done,” said the Chief.

She also has support from outside the department that is very much appreciated.  “All of the Fulton County Chiefs have been great,” she remarked.  “They have been willing to answer the phone and answer my questions.  Because not everyone does it the same way but everyone has the same rule.  So, how do you get to that rule?  How do you apply that and how do you get your people to do that as well?  They are a good group to work with.”

You do not work that many years on the same job within the same community and greater area without developing a reputation based on your job performance, work ethic and accomplishments.  This was quickly evident when, while attending January’s meeting of the Fulton County Fire Chiefs Association (FCFCA), she saw on the docket she had been nominated to be the groups’ President.  So now, Chief Geer can add the honor of being the FCFCA’s first woman president to her already impressive resume.

It is still very early in Jessica’s tenure as Fire Chief but she has been very busy actively planning the MAVFD’s future for the next few years to stay current with vehicles, equipment, gear and the ever-changing rules, regulations and procedures.  A major part of her plan will be communication and transparency of her goals and methods to ensure everyone in the MAVFD is on the same page with respect to providing Metamora and the rest of Amboy Township with the best possible fire protection and EMS service.

Pictured:  Metamora Fire Chief Jessica Geer

Delta Chamber’s “Dancing in the Street” Moving to Community Park

At their March 7th meeting, the Delta Village Council passed a motion to allow the Delta Chamber of Commerce (DCC) to relocate their “Dancing in the Street” event from the empty lot on the corner of Main and Monroe Streets to the Delta Community Park.  The request by the DCC for the change was brought about because to the reduced space of the lot due to the construction of the new Open Door facility and the limited downtown parking.

The general consensus of the Council, along with Village Administrator Brad Peebles, was that anywhere in the downtown area was no longer conducive for this particular event.  “My recommendation to this Council would be to consider use of the park,” said Mr. Peebles.  “It’s a Chamber activity.  We support the Chamber.  We support the activities that they do to support the businesses in town.  I think the park is more amenable for that type of activity.”

Much of the discussion on the issue centered around the sale and consumption of alcohol in the park which can only be allowed by the Council for special events.  Police Chief Nathan Hartsock said he would not object because the alcohol would be served and consumed in a contained area. The motion passed 4-1 with Tony Dawson voting against.  “I just don’t want to see alcohol in the park,” said Mr. Dawson.

In legislative news, Emergency Resolution 22-05, authorizing the Village Administrator to execute an agreement with Jones & Henry for drainage improvement preliminary design and estimated cost to petition the Fulton County Commissioners for drainage improvements needed to eliminate surface water flooding.

In his letter to Mayor Frank Wilton and the Council members, Administrator Peebles stated, “This office, in conjunction with the public services department, have been dealing with surface water flooding of properties along Taylor Street, north of Eastwood Avenue, for years.  As the primary source of surface water is generated from land outside the Village, a petitioned drainage improvement is required to assess the properties and acreage benefited by such an improvement.

Following discussions with the Fulton County Engineers office, part of the petition process requires the preparation of a design and cost for improvements.  To expedite the process, the recommendation is the Village have these items prepared in advance of a petition knowing the Village will have some financial liability in the improvement.  The cost of these services will be applied to the Village’s share of the costs.”

Mr. Peebles also reported that the Street Department staff have started patching potholes resulting from the winter freeze thaw temperatures.  This year appears to be the worst in the past several years.  With the preparation of this report, crews have distributed 7.5 tons of cold mix, with a significant portion of the Village still to be addressed.  This doubles the total used for 2021.

The next Council meeting will take place on Monday, March 21, 2022, at 5:30 p.m. in Memorial Hall.

Delta Village Council Discusses Marijuana-Business Letter from PDY Superintendent

At last night’s Village Council meeting in Delta, the Council members briefly discussed a letter sent to Village Administrator Brad Peebles from the Superintendent of Pike-Delta-York Local School District, Dr. Ted Haselman, regarding a potential medical marijuana (MMU) business locating within the Village limits.  The letter, dated February 23, 2022, read as follows:

Dear Mr. Peebles:

This letter is written on behalf of the Pike-Delta-York Local School District Board of Education. At the February 22, 2022 Board of Education meeting, board members conducted a discussion about the Village of Delta’s marijuana initiative, and specifically a document labeled “Ballot Initiative” provided to me around the end of October 2021 by Mayor Wilton.

This document states the Village of Delta will share the licensing/renewal fee paid to the Village by the marijuana businesses with the Pike-Delta-York Local School District. The Board takes issue with the Village’s unauthorized use of the Pike-Delta-York Local School District’s name and unexpected attempt to tie the District to the Village’s initiative.

The Board is expressing their wishes to the Village of Delta to not use the District’s name or any reference to the school district in your initiative.  Additionally, the Board is in agreement they would not accept the marijuana money as the use of this money “for drug education and awareness for student population,” as stated in the initiative, seems extremely hypocritical. Should you have any questions, please feel free to reach out to my office.

During previous Council meetings, in 2021, where the MMU issue was debated, Mr. Peebles stated that an annual licensing fee of $1M could be applied to any company operating an MMU business.  He suggested that the fee could be evenly split, $500,000 each, between the Village and PDY Schools with the stipulation that $100,000 of the school’s share would be used for substance abuse education for students.

Responding to Dr. Haselman’s letter, Mr. Peebles, recognizing that the school was “adamantly opposed to it” and Village Law Director Kevin Heban said the ballot language regarding the MMU issue has been finalized and there was no mention of PDY Schools or any associated licensing fees.  The ballot language for the issue in the May 3, 2022, election reads as follows:  ADVISORY QUESTION – Shall the Village allow the cultivation, processing and/or wholesaling, retailing, and dispensing of medicinal marijuana in the Village of Delta.  Voters may select “YES” or “NO” or choose neither.

According to officials at the Fulton County Board of Elections, the purpose of the issue being labeled as an Advisory Question is to determine the Village’s next step in the process based on the outcome of the vote.  If there is a higher percentage of “YES” votes, more legislation will be required and, possibly, another issue placed on the ballot if the Village decides to pursue it.

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