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Record of Resolutions
Resolution No.: 2002-15
Passed: June 10, 2002
A RESOLUTION FOR THE EXPRESSION OF SUPPORT AND THE FUTURE
ACCEPTANCE OF WET LANDS UPON SATISFACTORY COMPLETION OF REGULATORY REQUIREMENTS
AND FEASIBILITY AND DECLARING AN EMERGENCY
WHEREAS, Mr. Dan Eggan with Mr. Don Brown, Mr.
Ed Meyers, and Commissioner Grant Daugherty presented to Village Council at
the regular meeting of May 20, 2002 the details of the wetlands project;
WHEREAS, The existence of this project is the result
of being required by law to replace some wetlands that Coshocton Landfill,
Inc., owned by Waste Management Inc., will be destroying;
WHEREAS, the options open to Waste Management are
to purchase the required 1 or 2 acres from the Ohio Wetlands Foundation to
use as a replacement or to actually develop a wetlands area;
WHEREAS, Mr. David Gallagher of Coshocton Landfill,
Inc., felt it would be more responsible to commit the company’s resources
to developing an area locally, even thought the cost to them would be significantly
higher;
WHEREAS, the bottomland next to the new Ridgewood
High School, owned by Mr. Ed Myers, has been a problem area for several years
in regards to drainage, but would be an excellent location to develop a wetlands
area;
WHEREAS, the property has to be given to someone
or to some entity five years after the start of the project and satisfactory
development and completion of the project under applicable governmental regulations;
WHEREAS, the individual or entity will then be
responsible for maintaining the area as a wetland;
WHEREAS, originally it was thought that the Ridgewood
Local School District might be that entity, but the Board of the Ridgewood
Local School District has been hesitant to commit to the project;
WHEREAS, the plan would be for the Coshocton Landfill,
Inc., and Waste Management to commit their resources along with any donations
and/or available grants to develop the area, which at this time could range
from 1.5 to 6 acres; the local high school would have access to the area to
be used as an environmental classroom for the biology and agricultural departments;
in return and as part of the educational experience the students and faculty
would undertake the responsibility of monitoring and maintaining the area;
the area would be come the property of the Village after five years; the project
would also help in the correction of the long time drainage problem in the
area; Mr. Brown and Commissioner Daugherty explained some of the work that
has been towards replacing an 18" drain line with a 24" sometime
in the future;
WHEREAS, it was argued in the discussion at the
meeting that the exposure to liability would be the same as any Village owned
park;
WHEREAS, it was argued in the discussion at the
meeting that wetland maintenance expense is minimal because of the nature
of the area; it is meant to be an ecosystem and more or less self-sustaining;
WHEREAS, it was argued that as part of the educational
experience the high school students would be involved in the monitoring and
maintenance of the area and the cost of maintaining the drains would be born
by those who benefit from the drains;.
WHEREAS, it was argued that in regard to an insect
(mosquito) problem, since the land would be an ecosystem, this environmental
area will be self-regulating in regards to insect, animal, and plant populations;
the animals present will feed on the mosquito larvae thus reducing the potential
population; thus there will probably be less of a potential nuisance;
WHEREAS, it was argued that this would be a public
area for the benefit of the entire community; and this would be an environmentally
positive action to solve a long standing drainage problem;
WHEREAS, it was argued that this would create a
beautiful natural setting that would be for the pleasure of the community
as well as the pride of the community;
Now, therefore, BE IT RESOLVED by the Council of
the Village of West Lafayette, State of Ohio, as follows:
1. The Village of West Lafayette, Ohio, shall herewith
express its support of this project;
2. The Village of West Lafayette, Ohio shall monitor
the progress on the plan by the Coshocton Landfill, Inc., owned by Waste Management;
3. The Village of West Lafayette, Ohio, shall
await the successful development and completion of the proposed wet lands
project in full compliance with all present and future applicable regulations
and laws the by Ohio and federal Environmental Project Administrations and
other governmental departments and entities having jurisdiction over the wetlands
and the project;
4. The Village of West Lafayette, Ohio, shall
accept the proposed wetlands project upon its completion as stated above,
subject however to the following conditions and stipulations;
a. The Village of West Lafayette, Ohio,
at the time of acceptance must under present and future laws and regulations
concerning permissible entities for receiving and owning such wetlands be
such a suitable recipient;
b. The Village of West Lafayette, Ohio,
at the time of acceptance must have the fiscal, economic, technical, personnel,
and administrative resources to allow it to accept and operate the proposed
wetlands project without undue impairment to its ability to perform its other
normal municipal functions and duties;
c. The acceptance of the wetlands upon
the successful completion of the plan must not present excessive burdens,
costs, and potential liabilities to the Village of West Lafayette, Ohio, not
at present foreseen in regard to the project;
5. This resolution shall be an emergency resolution,
the emergency being the need to meet the time schedule required to begin the
wetlands plans in a timely manner in accordance with the requirements of the
Coshocton Landfill, Inc., and Waste Management, in order to protect the environment
and reduce mosquito problems thereby promoting and protecting the health,
lives and safety of the residents of the Village of West Lafayette, Ohio,
and shall therefore take effect immediately upon passage by Council.
PASSED IN COUNCIL THIS 10th day of June, 2002.
_____________________________________
Jack L. Patterson, Mayor
ATTEST:
_________________________________
Bruce E. Fouch, Clerk-Treasurer
APPROVED AS TO FORM:
__________________________________
R. Q. BAKER, III
Solicitor for the
Village of West Lafayette, Ohio
DC\WL-86044.029.DOC
I, Bruce E. Fouch, Clerk of the Village of West Lafayette,
Ohio, do hereby certify that the foregoing is taken and copied from the
Records of Proceedings of said Council meeting; that
the same has been compared by me with the Ordinance / Resolution on said
record and that it is a true and correct copy therefore.
Witness my Signature this _____ day of ____________
2002.
____________________________
Bruce E. Fouch, Clerk
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