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WILLIAMS COUNTY COMMISSIONERS: Right-Of-Way Appeal Decision Reversed

By Newspaper StaffMarch 23, 2025Updated:October 28, 2025No Comments4 Mins Read
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(PHOTO BY RENEA KESSLER / THE VILLAGE REPORTER)
PORT AUTHORITY … Dawn Fitzcharles is sworn in by Commissioner Terry Rummel for another term as a Williams County Port Authority member.


By: Renea Kessler
THE VILLAGE REPORTER
renea@thevillagereporter.com

In a meeting held on Thursday, March 20, Williams County Commissioner Scott Lirot reversed his crucial vote from nine days earlier and admitted he should have supported taking the case to the Ohio Supreme Court.

The commissioners voted 2-1 to take the AquaBounty right-of-way case to the Ohio Supreme Court, with Commissioner Lirot casting the deciding vote both times. On Thursday, Lirot joined Commissioner Bart Westfall in supporting the move.

Lirot reported that after their last vote to not appeal the right-of-way, he received a substantial amount of information that he has been consistently reviewing to better understand the situation.


Lirot proposed that the board allow the courts to resolve this issue. Consequently, the initial vote was rescinded for the board to conduct another vote.

The board had a 45-day deadline to decide on the appeal, expiring on March 31. Both a trial judge and a state appeals court ruled in favor of AquaBounty, stating that the water line is a public utility.

Lirot stated that the state appeals court’s ruling was focused on whether the trial judge followed proper legal procedures, rather than reviewing all facts.

Westfall maintained that the case hinges on whether the pipeline operator can be considered a public utility, given their service to private industry.

“Plain and simple, the question is if it’s a private utility,” he said. “We’re saying it’s not.”

Commissioner Terry Rummel disagreed with his dissenting vote and stated in the March 11 meeting that he feels this matter has been discussed to death.


The commissioners received an update from the Williams County Port Authority and swore in a member for another term.

Rummel administered the oath to Port Authority member Dawn Fitzcharles for another term on the board. After being sworn in, Fitzcharles provided an update on 2024 projects and discussed future plans for the Port Authority.

The Port Authority has 10 lots under development with the aim of providing workforce housing for the county.

The Port Authority is considering various housing projects for the future: a senior living facility, subdivision development, multi-family housing, single-family housing, and duplexes.

Member David Newcomer emphasized the need to build capital to start subdivisions soon. They believe addressing housing needs will require focusing on multi-family units, duplexes, and subdivisions. A senior development could also help by freeing up existing homes for families.

The authority raised nearly $1 million but needs more for future projects. Grant funding is sought for a Bryan subdivision and senior living development.


The authority requested the final $350,000 payment from the commissioners as part of their financial commitment. Rummel wants to review the authority’s financials, but the authority can submit a formal request.

The commissioners also sent a memo asking Sheriff Tom Kochert to sell older vehicles being replaced, with proceeds going to the general fund.

They also instructed him to use money from the fuel fund for new vehicles and assured they would replenish it if needed by year’s end.

Other Business
-Approved to continue taking bids for asphalt until April 15 at 10:00 a.m.

-Agreed to hire a law firm to handle legal issues for Williams County EMS.

-Approved a work permit applied for by Montpelier to upgrade power lines.


– Judge Karen Gallagher submitted to the Board of Williams County Commissioners a Professional Services Agreement, Software Maintenance Agreement and Software License Agreement between Williams County Commissioners on behalf of the Williams County Clerk of Courts and Common Pleas (Domestic Relation, General, Juvenile and Probate Divisions) Court and with CourtView Justice Solutions Inc. d.b.a. equivant at a cost not to exceed $722,815.21 with a term of April 1, 2025 through April 1, 2026.


 

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