KALIDA
— At the August 28, 2017 meeting of the Kalida Village Council, Jason
Birkemeier, Council President told local developer Roger Rampe the
following, “Normally, we get a proposal, a site plan, and then if we
have questions…we would have [the Village’s] engineer and solicitor get
involved…That would be step one. Get us a plan to bring to these folks,
and let us do some research.”
‘Step one,’ more than a year and a half later, has still not been cleared.
On
Sept. 5, 2017, Rampe returned to Kalida’s Council with engineered
drawings and spoke of his plan to haul in dirt from a nearby area of the
flood zone. Also discussed was the riser that Rampe had attached to the
village’s catch basin. At the time, Mayor Al Gerdeman informed Rampe
that, “We do not allow anybody to tamper with the Village’s storm sewer
system without permission.”
One year and four months later, the riser is still there.
The
plans Rampe submitted were forwarded to the Ohio Dept. of Natural
Resources (ODNR). The agency, through emailed communications with the
village, indicated that it did not have an issue with Rampe’s plan to
bring in dirt from a nearby location within the expected flood zone (new
flood zone maps were known at the time, becoming official in June of
2018, and includes the entirety of Rampe’s property). As Flood Zone
Administrator, Gerdeman then approved these initial plans. Assuming the
project continues forward, a post construction survey is also required
to ensure no significant impact to the flood zone.
Rampe
again returned to council on Mar. 19, 2018, seeking permission to begin
construction. An agreement of sorts was eventually reached. Rampe said
he would discuss the concerns regarding the riser with his neighbors.
The village indicated that should the neighbors be satisfied, the town
would be as well.
This either did not happen, or the neighbors
were not satisfied. At the Oct. 1, 2018 meeting, the first neighbor
appeared to voice their concerns. They asked pointed questions, and had
also clearly done their homework on the new flood zone ordinance passed
by council.
The wording of this legislation came almost entirely
from FEMA. Its implementation was required for village residents to be
able to access the federal flood insurance program. As such, council
quickly approved and passed the ordinance. And then, with the
legislation in place, began to understand what was in the ordinance they
had passed.
“I’m asking point blank,” this neighbor said last October. “Have [required testing]…that are in your ordinance been done?”
“No,” answered Gerdeman
“Okay, so then why is there not a ‘cease and desist’ put on there. Because right now, he is in violation of [the ordinance].”
“He hasn’t done anything more since the last meeting,” Gerdeman responded.
“But, per [Bockrath & Assoc.] he has deviated from that plan,” said the neighbor.
This
deviation now brings us to the present. At this past Monday’s Kalida
council meeting, this neighbor plus four additional appeared to express
their ongoing concerns. Their presence seemed sparked by recent actions
taken by Rampe, who was also at the meeting.
Rampe, as his
neighbors described and he readily admitted, has taken dirt placed on
the property’s high ground (which is allowed) and pushed it into a low
lying area (which is not allowed). He has also begun moving dirt into
place to ready it for construction of a driveway. The neighbors present
viewed this as a dyke which would immediately increase the likelihood of
flooding on their own properties.
“So, how far away [have you
gotten] from the proposal that was turned in.” asked Birkemeier to Rampe
this past Monday. “How much different is it?”
“Oh, not much
different,” responded Rampe. And then, through fits and starts, it
eventually became obvious that the plans were either very different, or
not set at all. Rampe contradicted himself on the number and placement
of driveways, and if access would include a common drive or even a
public roadway. At one point, he claimed that he was no longer
interested in developing three homes, and would only build one instead.
“In
order to get what you need for our ordinance, which is law,” Birkemeier
said. “There is a flood hazard area development application. To meet
the ordinance, you have to have that filled out and approved. Part of
that is [submitting] a plan…I understand where the neighbors are coming
from, because they don’t know what the plan is…We don’t know what the
plan is. They have a right to know, and we have a right to know.”
This
is not all that different from what Rampe was told in August of 2017,
and he is already an experience developer. Yet, Rampe wanted more
details on what was required to be included in the development plan. The
village promised to provide a detailed list after consulting with the
village’s Board of Public Affairs (BPA). Birkemeier also personally
promised to keep the neighbors informed of any and all developments
regarding Rampe’s project.
Following discussion, and after both
Rampe and the five neighbors had left, one of the newer members of
council asked, “Do we know what the path forward is if [Rampe] continues
doing work?”
“I’d like to make a motion to go into executive
session to discuss potential litigation,” Birkemeier said immediately,
hinting towards an answer.