MINUTES OF MEETING OF
IRONTON CITY COUNCIL
December 10, 2020
6:00 p.m.
A regular meeting of Ironton City Council was held on Thursday, December 10, 2020, at 6:00 p.m. via video conferencing. Present was Vice Mayor, Craig Harvey, who presided and members:
Cleary, Haney, Hock, Kline, Pierce, Rist – seven.
All persons stood for a silent prayer and then the Pledge of Allegiance to the flag.
APPROVAL OF MINUTES
The Minutes of the Finance Committee of November 23, 2020, and the Regular Meeting of November 23, 2020, stood approved as submitted.
AUDIENCE PARTICIPATION
Mr. Harvey said they have Coach Pendleton and the Ironton Fighting Tiger Seniors joining us this evening. Mayor Cramblit read the Proclamation proclaiming Saturday, November 21, 2020 as the “Ironton Fighting Tiger Football State Finalist Day” in the City of Ironton.
Mr. Harvey said they also have Mr. James Kezle with us tonight to give us an update of where we are with the EPA talks and mandates they are dealing with and the consent decree. Mayor Cramblit said he had sent to Council yesterday the proposal they had from IBI Group on our holistic feasibility study that will help the City to address the long-term integrated plan they are working on. Mr. Kezle said he and the Mayor and Kevin Wood from IBI are working to help the City navigate the current consent decree with various agencies, State and Federal, related largely to CSO’s. He said as they will recall, there was at one point a feasibility study that was proposed by E. L. Robinson. He said that was intended to look at certain components of Ironton’s combined sewer system. He said that report was never received by the City, which led to the shift towards IBI as the City’s outside consultant. He said IBI has prepared a detailed proposal for the City that includes their approach to how they would prepare a holistic, larger-scale feasibility study for the City. He said this is what the Mayor emailed Council yesterday. He said the project consists of the development of a general plan for the City to study three components of its waste water system as it relates to the consent decree and integrated planning. He said the three components are the waste water treatment plant, the combined sanitary sewer collection system, and storm water pump stations and storm drainage off of the U.S. 52 corridor. He said the importance of this is that it largely will shape how the City proposes to the agencies that they modify the consent decree. He said they currently have expectations and obligations under the consent decree to commence Projects 4 and 5. He said for various reasons they don’t think that doing that work as proposed would be a good spend for the City, namely they would be spending millions of dollars, and they think it would not lead to positive resolution of the issues contemplated by the consent decree. He said the United States Department of Justice allows for integrated planning, which is not uncommon when you have small municipalities that are governed by a consent decree. He said integrated planning allows for a modification of the consent decree obligations in a way that extends time and could lead to larger scale improvements over a period of time, as opposed to what they refer to as “band-aid” fixes that might not actually solve the issues. He said we don’t know what the best steps are to address the issue of the waste water treatment plant and some of these storm water pump stations until they complete this feasibility study. He said they have had only three or four calls with the USEPA regional office and OEPA since IBI has come into the picture on this project. He said basically their goal is to have a long-term 9-month study that will enable IBI and himself to make recommendations to Council and the Mayor about the next steps. He said the feasibility study is also important because they have nominated a number of projects for interest-free loans and potentially for grant money. He said if they are fortunate enough to receive any of those grants or stimulus funds, OEPA would expect for there to be a feasibility study that assesses the viability of the plant as it exists now and certain components of the system. So by having this done, they have made the productive efforts towards understanding how they will fix the issue, and also have these studies done in the event we are able to pursue any grant or stimulus money.
Mr. Kline asked what the time frame was on executing this contract? Mr. Kezle said the goal is that by October of next year we are delivering the feasibility study to USEPA, OEPA and ODJ. He said the study has a 9-month time frame on it, so the goal is that we have this approved and IBI can commence its efforts in January 2021 so we can keep that deadline. Mr. Kline said he would sponsor whatever legislation is needed for that. He asked Brigham if he could draft that for their next meeting? Mr. Anderson said he would get with Mr. Kezle and get that drafted. Mr. Kline asked Mr. Elam, with that contract would we typically split that three ways between storm, waste water and flood pump stations with the professional fees, between Funds 9, 40 and 42? Mr. Elam said yes, they will be able to do that where it is most feasible. Mr. Kline also asked, has ODOT given any indications as far as being open to mitigate issues that they might find? Any new updates? Mr. Kezle said yes, they need the flow data presented to the EPA and ODJ. He said once they have that flow monitoring data to the agencies, they will actually help us in engaging ODOT in discussions about potential contribution towards how we address the issue. Mr. Kline said he knows we paid a substantial amount of money for some Phase 4 and 5 planning before the integrated planning came into play, and asked if we were able to use any of that information going forward with this? And he also said at one time they looked at amortizing those costs through 0% loans, and he asked the Mayor and Mr. Elam if that was still in play and how we would proceed with that? Mayor Cramblit said right now Michael Williams is gathering everything they submitted, and he (Mayor) reached out to the Andersons also to help with that. He said it should be coming soon. Kevin Wood addressed Mr. Kline’s other question. He said the do have plans for both Phases 4 and 5 that have been developed to date. He said the Mayor has provided those to them previously so as they start digging into the study, hopefully, if it is determined that it makes sense for Phase 4 or 5 to move forward in some fashion, he would certainly hope that those plans or at least components of those plans would be able to be incorporated, rather than starting from scratch. Mr. Kline asked Mr. Elam if they are amortizing those professional fees or are they just going to keep that expensed how they have it? He said as he recalls, they were to have 0% EPA loans for planning costs with that and those were paid for just out of professional expenses from that and was never capitalized. Mr. Wood said with that loan, typically you can either pay out of pocket, as Ironton did, for the development of those plans or you can get a short-term design loan from the EPA. So if and when the plans you paid to develop move forward to construction and if you take the long-term 0% construction loan from EPA, you can also roll the corresponding design engineering plans into the long-term loan as well; but you can’t go to the EPA today and say you would like to get a 30-year loan to pay for the engineering costs that we previously paid. Mr. Haney said he remembers we had a presentation about Phases 4 and 5 in maybe September, and asked Mr. Kezle or Mr. Wood if they had a chance to look at that presentation? Mr. Kezle said he and Mr. Wood both have watched the recorded version of that. Mr. Haney asked if that was going to be helpful to us? Mr. Wood said he watched it a couple of months ago, and it was helpful to him hearing the history and how the phases were developed and what the challenges are. Mr. Haney said this had come up in MS-4 Committee, but with the EPA they have to apply for a permit and the past contractor was supposed to get on that, but he has not had any follow up since Michael Williams left regarding that permit they need. He said they had a couple of ordinances hinging on the application being approved and asked if we know any more about that? Mayor Cramblit said Randy with IBI is working on that right now. The Mayor said what Mr. Haney is referring to is our plan, which is still waiting approval from them. Mr. Haney said he was under the impression that we needed it and it was a time-sensitive issue even back then. Mayor Cramblit said the annual permit is what he is talking about right now, and they have to submit that. He asked Mr. Gumbert if he would want to join in that conversation? Mr. Gumbert said to give them a better understanding, the permit cycle is a 5-year permit cycle for the MS-4 program, and with that permit cycle, you have a plan you have to have approved by the EPA. He said their plan was lacking in their last cycle. He said they took that to Logan and presented their plan. He said they have not yet heard back yet from the plan. He said regardless of that, there is a 5-year cycle for all MS-4 programs of our kind to reapply for, so it is actually two different entities that go into one. Mr. Pierce said he has read through the consulting services agreement, and it seems pretty standard and straight forward. He was particularly was impressed with the scope of service portion of the paper. He said it is a very well thought out approach to the feasibility study and builds on logic. He said he too would like to co-sponsor any legislation. He said he has a deep passion for this and improving our City. He said he would like to be notified of any meetings he might be able to attend. Mr. Kline said he would like to invite Mr. Wood to visit us each quarter to give them an update on the many projects he is working on.
Mr. Harvey said their next invited guest is Dr. Bill Dingus, who will give a quarterly update on economic development. Dr. Dingus said considering the pandemic, things are moving very well in Ironton right now. He gave updates on various projects: Vertiv, Gateway Center, Marriott, downtown, Tim Gearheart building, Brumberg building, Staley building, Wolohan building, GTL Lumber and the riverfront. Mr. Haney asked Dr. Dingus if there was any update on the possible sporting complex project on State Route 93? Dr. Dingus said Ralph Kline has been working closely in trying to get the connector on the trails from the Vesuvius in to where that part becomes a little easier. He said additionally, there is a Capital Bill that is supposedly to come out this week or next week in Columbus, and they hope to get some money there to do at least initial engineering and development. He said it is a huge site and needs a lot of engineering and surveying, but they are pushing hard on that. He said Ralph Kline worked hard last week to get through ODOT to get money to help do the study for the trails. Mr. Harvey mentioned the artwork in the windows of the Brumberg building and asked Dr. Dingus if he could figure out a strategy to repurpose all of that work somewhere else in the City. Dr. Dingus said he would talk to John Mullens, the contractor, and try to come up with something. Mr. Harvey asked Dr. Dingus if he feels strongly that they will still possibly be included in the House Capital Bill? Dr. Dingus said he is assuming that the Capital Bill will go. He said in Ohio all the capital monies are funded with 20-year bonds, and those bonds started expiring in the spring of last year, and during this year they have had a lot of capital capacity starting to build up. He said if you go a long time without having a Capital Bill, then you have a void in payments down the road, and that fouls up the budget. But they do have the capacity to fund a Capital Bill for the next 20 years. He said it is his understanding that rather than going back to the drawing board, they took the actual Capital Bill that Larry Householder and others put together. He said we were definitely in the original Capital Bill before it was tabled. He said he knows that Bob Peterson has said that he is looking forward to the groundbreaking. He said he believes we have between $2 and $3 million in the last Bill. He said we may not end up with all of that now with COVID and the issues it has created, but he believes there will be a Capital Bill and we will get something on it. He is hoping there will be some money for the engineering of the sporting project and also help with the Welcome Center.
COMMUNICATIONS – None
REPORTS – None
ORDINANCES
ORDINANCE NO. 20-75 – CHANGING THE DATE OF THE REGULAR CITY COUNCIL MEETING FOR THE SECOND THURSDAY IN DECEMBER 2020 AND DECLARING AN EMERGENCY was read.
Mr. Cleary moved, seconded by Mr. Pierce, to suspend the rules and give Ordinance No. 20-75 second and third reading by title only. Motion passed unanimously and Ordinance No. 20-75 was given second and third reading. Mr. Cleary moved, seconded by Mr. Pierce, to adopt Ordinance No. 20-75. Motion passed unanimously. ADOPTED Mr. Harvey said this has been changed to Tuesday, December 22 at
6:00 p.m.
ORDINANCE NO. 20-76 – AMENDING THE PERMANENT BUDGET FOR THE CITY OF IRONTON, STATE OF OHIO, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2020 AND DECLARING AN EMERGENCY was read.
Mr. Cleary said this ordinance was given a favorable recommendation in Finance tonight. Mr. Cleary moved, seconded by Mr. Haney, to suspend the rules and give Ordinance No. 20-76 second and third reading by title only. Motion passed unanimously and Ordinance No. 20-76 was given second and third reading. Mr. Pierce moved, seconded by Mr. Cleary, to adopt Ordinance No. 20-76. Motion passed unanimously. ADOPTED
ORDINANCE NO. 20-77 – AUTHORIZING THE MAYOR TO ENTER INTO THE ATTACHED CONSULTING SERVICES AGREEMENT WITH IBI GROUP ENGINEERING SERVICES USA, INC. AND DECLARING AN EMERGENCY was read.
Mr. Harvey said Ordinance No. 20-77 was given a favorable recommendation this evening in Finance. Mark Dickess said he would appreciate it if this ordinance could be given second and third reading if Council is so inclined. Mr. Haney moved, seconded by Mr. Hock, to suspend the rules and give Ordinance No. 20-77 second and third reading by title only. Motion passed unanimously and Ordinance No. 20-77 was given second and third reading. Mr. Cleary moved, seconded by Mr. Pierce, to adopt Ordinance No. 20-77. Motion passed unanimously. ADOPTED
MISCELLANEOUS
Mr. Haney stated that Bobby Neiman asked him to thank all involved for the hard work on the zoning situation he had. He said Mr. Neiman said that he appreciated how the City handled the situation.
Mr. Kline said that Brigham Anderson had written a letter on October 1st concerning the AT&T contract, and he asked Mr. Anderson if he would be able to work with Mr. Elam’s office to remedy that situation? Mr. Anderson said yes, he would.
Mr. Cleary moved, seconded by Mr. Hock, to adjourn. Motion passed unanimously.
Minutes were taken by Marta Leach, Clerk.
In attendance: John Elam, Finance Director, Mayor Cramblit and Brigham Anderson.