MINUTES OF MEETING OF
IRONTON CITY COUNCIL
August 13, 2020
6:00 p.m.
A regular meeting of Ironton City Council was held on Thursday, August 13, 2020, at 6:00 p.m. via video conference. Present was Vice Mayor Craig Harvey, who presided and members: Cleary, Haney, Hock, Kline, Pierce, Rist – seven.
A prayer was given by Rev. Rick Sturgill from Real Life Ministries, and then for the Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
The Minutes of the Finance Meeting of July 23, 2020, the Public Utilities Committee Meeting of July 23, 2020, the Regular Meeting of July 23, 2020, stood approved as submitted.
AUDIENCE PARTICIPATION
Mr. Harvey said they have an invited guest with them this evening, Mr. Ronnie Tyree from the United States Census Bureau. Mr. Tyree said he is out of the Census Office in South Point. He said they cover 25 counties in southern Ohio to help insure a complete and accurate count. He said things have been delayed because of COVID, but they have started the non-response follow-up portion of the census work. He said this is the biggest part of the operation of the census. Mr. Tyree explained why the census is so important. He said the count is used for the apportionment of Congressional districts and is also used to guide many education decisions, business decisions and infrastructure decisions. He said not only that, it directs how the Federal funding is going to be distributed. He said every year the Federal funding averages $675 billion a year, and that boils down to about $2,000 per person/per year. He said every individual in Lawrence County who gets counted would represent $20,000 in the next ten years. So it is very important for Lawrence County to get a good, accurate complete quality count.
Mr. Harvey said he has three or four people in the last few weeks ask him about side-by-sides, and getting those on the streets in Ironton. He said that is in Ordinance No. 20-55 tonight. He said that was in response to that audience participation. He said they had talked about that in the past. He did some research on decibel levels, and it seems that the lowest decibel level is around 90, which is still above that 80 threshold for nuisance noise. So the ordinance is not drafted based on decibels, it is drafted based on time limitations, so there is a curfew–no riding those on the streets between 10 p.m. and 8 a.m. He said that was the back-up plan they had debated about. He said that doesn’t need to be passed tonight, and he can let Council digest that and be open to suggestions. He said he thinks they all have seen people riding on those already, so they might as well capture that revenue.
Chief Wagner said she wanted to say welcome to the new officer that they swore in today. She said his name is Brandon Blankenship, and he is the newest member of their Department. She said they expect that Brandon will do very well in their Department. He has been assigned to his FTO this evening, which is Patrolman McKnight; and he will move on to a Sergeant and Captain in the next few weeks. She said they are still down one person from their level of 15, and they are still in the middle of testing. Mr. Harvey said he had a compliment for her Department. He said Officer Spolgeric responded to his neighborhood with a child’s bike being stolen. He said the suspect has apprehended within the hour thanks to residents with doorbell cameras and her officer responding timely.
Brett Thomas said he wanted to address Council regarding brown water in their system. He said they have looked tirelessly for some type of turbulence that would have caused it. He said they haven’t found anything yet, but it does seem to be getting a lot better. He said it might actually even be corrected by now. He said he thinks it has exited their system somewhat. He said they are not sure what caused it. Someone may have turned on a hydrant. He said they did have a hydrant that was hit in the 9th Street area that may have caused it. He said even the heat itself could have caused it. He said he did put an article in the Tribune about it.
Dennis Gumbert said they have experienced a pump loss at Orchard Street lift station, and they are down to one pump managing the water across Storms Creek. He said there is a 6” temporary pump in place in case these severe storms hit on Saturday that they are predicting. He said he sent that pump off to the pump shop to get a quote, but he has not yet received a quote on that. He said not having a back-up pump for that station is critical. He said 70 to 110 homes would flood and go down almost immediately in the north end. He said he has two quotes, and the cheapest quote for a new pump is from the Flyght distributor in Ohio and is $14,070. He said they do have one available right now, and it wouldn’t have to be shipped in from Europe. He said if they don’t act on it, it could possibly be sold and the delivery time would be possibly in excess of 5 months. He said they also lost a $700 part that senses the flooding and heating of the pump, it kicks it out so less damage is done. He said he doesn’t have the cost to rebuild it or if it can even be rebuilt; he’s been waiting on that since last Thursday. Mr. Harvey said that is under the $25,000 limit for an emergency, and the Mayor wouldn’t have to have any special meeting or legislation for that, is that correct? Mayor Cramblit said according to Mr. Elam, they don’t have the money to do it. He said he has two quotes from Dennis, one for the new pump that is $14,000 and another one for $548, and that’s for the electrical controlling parts for Orchard Street lift station. But that’s not everything we need, there’s still one we need a quote for, right? Mr. Gumbert said yes, the rebuilt of the existing pump; and with that, they would have a back-up pump so when one would go down, they would have a pump to insert when they pull the other one out. Mayor Cramblit said in talking to John, in order to find the money to keep the ratio on the debt revenue, they are going to have to have a budget amendment for this. He said, like Dennis said, 70 to 110 homes are at risk of flooding on the north end of town because they can’t pump water across Storms Creek. Mr. Elam said there are a couple different solutions they may have to this. One of them is the Capital Infrastructure Project Fund, and monies could come out of that directly. He said if there is going to be any money left over from Rebuilt-It, those monies may be able to be used for that also. He said with the change order from Rebuilt-It, he thinks that there may not be as much expense as what they would anticipate. He said his recommendation would be for monies to come out of the Capital Infrastructure Project Fund, Fund 9. Mr. Kline asked what the total dollar amount was for the fix? Mr. Harvey said it was $14,070, plus $548 for electrical, plus roughly $700 not quoted yet for another part. Mr. Kline said then that would be a ballpark of $20,000 on that? Mr. Gumbert said yes, that should be very close to the amount to getting a new pump and a back-up pump and the $700 was a mistake for the $500 figure that the Mayor gave is for the part needed to be able to put any part back in there and have it function under protection of flooding and temperature increases. Mr. Kline asked if that was a lift station just for sewer and has nothing to do with flood? Mr. Gumbert said it does have to do with flood through the third pump in Orchard lift station because if it can’t manage the sewage across Storms Creek, it will kick on and pump it to the river. He said that station is the only station that has a flood aspect to it. Mr. Kline asked if they could use the money out of the Flood Improvement Fund, Fund 9, or possibly look at using money out of the Sanitary Sewer Equipment Replacement Fund, Fund 60? He said they have $100,000 earmarked for that fund in capital improvements that hasn’t been spent yet. Mayor Cramblit asked Mr. Elam if there was anything encumbered in that? Mr. Elam said he would run a report right now and see if there is. The Mayor said there is an actual flood pump also down there, but it is not in the same station, and asked Mr. Gumbert if that was right? Mr. Gumbert said it is in the same station. He said it may be combined sewer as a last resort from flooding. Mr. Elam said there is nothing that is encumbered in the Capital Improvement line. He said he likes Nate’s idea also with the Flood Improvement Fund, and he thinks maybe there should be a back-up pump there also, if the rebuild price is not exorbitant, is that something that should happen, or will one pump fix it all? Mr. Gumbert said he thinks with the criticalness of this station, that any pump he had could go in all three slots. He said he thinks if one goes down, they need to have one on hand to put back in the hole. He said they could spend all weekend down there pumping and having men down there manning the pump until they get through this period with the storms they are predicting. Mr. Elam asked if he was saying that it would be a smart idea to have a back-up pump, and the back-up pump or the new pump would fit all of his pump stations? Mr. Gumbert said it would fit all of the pump outlets at Orchard Street only. He said they have eight stations and none of the eight have that kind of pump. Mr. Kline said his thinking is because Funds 9 and 60 are addressing enterprise funds, that is where this money should come from. He understands the urgency of it and he thinks they should move on it, but he would like to see Fund 9 or 60, or a combination thereof. Mr. Elam said he agrees. Mr. Harvey asked Mr. Gumbert what the turn-around time is. Mr. Gumbert said they are looking at two weeks for the repair when they give him the quote, and they have a pump on hand presently and we can possibly have the new pump within a week if nobody else purchases it before us. Mr. Harvey asked Mr. Elam if he could get a budget amendment together for that. He said he doesn’t know what needs to happen first, but if Dennis gets his quote and John lets him know about timing, he will sponsor the budget amendment. He said he can call a special meeting because it is a dire emergency. Mr. Elam said he doesn’t think there would need to be a budget amendment because it is under the bid limit and there are funds available in those accounts.
Mayor Cramblit said they are going to need a new truck in Flood. He said the last one came out of gear while they were on the floodwall cutting, and it hit a tree and was totaled. So it was an unexpected cost. He said it was only covered with liability insurance. And they are going to need a new utility truck 4 x 4 for the Flood Department, which is used in flood improvement. Mr. Harvey asked if he had gotten quotes on that yet. Mayor Cramblit said they had looked around, and there are a couple of options for a used one; but the price you can get one from the State is pretty close. He asked Mike Pemberton what the State price that he quoted earlier on a new flood vehicle. Mr. Pemberton said he thinks it was around $29,000 for a ½ ton 4-wheel drive with no options. The Mayor said that should cover them for a long time and hopefully they can get it with full coverage on it. He said it was his understanding that the reason they didn’t have full coverage on this one was because it was 10 years old; and if that’s the case on these vehicles that are 10 years old, they could have a lot of unexpected costs coming down the road in every department. Mr. Pemberton said it had 260,000 miles on it. Mr. Haney asked if there was a way they could part that out and get something out of it rather than just junking it? He would say there would be at least $2,000 worth of parts on it that aren’t totaled. Mayor Cramblit said it was his understanding that the utility bed is quite new and they could still use it. He asked Mr. Pemberton if he had any other thoughts because he wasn’t sure what could be salvaged from a truck with 260,000 miles on it. Mr. Pemberton said when they get their list together, they could probably sell it in their next equipment auction. Mr. Kline asked the Mayor if he could ask Mark to put together a summary of the vehicle coverage of their fleet to make sure everything is insured properly. Mayor Cramblit said Mark just handles the benefits—he thinks that would be the Finance Department. Mr. Elam said they have that, and he will distribute that to Council.
Mayor Cramblit said he would like to have an Executive Session after this meeting with Council, the Solicitors and Mr. Elam to discuss contracts.
Mr. Pierce said a couple of weeks ago he had mentioned that there had been some vandalism at the Pavilion at the Farmer’s Market, and asked if there had been any follow-up on that? Mayor Cramblit said (to Mr. Pemberton) that when they spoke last, they talked about those fans and maybe getting some replacements there. He said he thinks Mike will have to get some quotes on that, but they have discussed what they can do to fix that. Mr. Pemberton said they should probably post some signs over there and let Sam Heighton know. He said he thinks some of the people who were in the band may have unintentionally done something or shoved something up into the fan and broke the blades on them. Mr. Pierce said what was relayed to him was that it was some of the indigents who frequent that area, and they threw things into the fan on purpose. He thinks they were observed doing that. The Mayor asked Mr. Pierce if they contacted him about this or was this his observation? Mr. Pierce said he was at the Farmer’s Market and several people spoke to him about it and showed it to him. Mayor Cramblit said they will continue to see what they can do about fixing that. He said since they were talking about that area, they had allowed Ironton Alive and Farmer’s Market to use their restroom facilities and the grant money had provided to redo and build those community restrooms. But apparently now they are wanting us to take care of it, too, and keep it up with the COVID standards, and he doesn’t feel we have the capacity to send someone over there and clean the bathrooms, especially on Saturdays because it is overtime, etc. He said his approach so far has been that if you are using it, you take care of it. He said it is their property and they are allowing them to use it. He doesn’t know what Council’s thoughts are as far as who should take care of it. He said he doesn’t know if they can generate any money from those venues either. So maybe it’s time to talk about vendor’s license so they can have the money to repair and do upkeep on these things at the Farmer’s Market. Mr. Haney said he doesn’t know if there are any type of legally binding contract, and asked if they had anything in writing or was it just a verbal agreement? He said he would be willing to sponsor some type of legally binding contract if that could resolve some of these issues, and as the Mayor said, maybe even a vendor’s license or something of that nature. But for future reference, he thinks it would be smart for them to cover their end and come together create some sort of contract or service agreement. Mayor Cramblit said for public parks and places, he doesn’t think it would be necessary, but the restrooms would be and it would be taken care of if there was a tenant there; but there is no tenant there because of COVID and the splash park being closed. Mr. Kline said he would like to invite those who are using it on the weekends, whether it is Ironton Alive or whoever, and just have a conversation or meeting to discuss some solutions and get some feedback from them. He said they do a lot in our community so he would like to see what they have to say and what their ideas are as far as moving forward. Mayor Cramblit said they could invite Sam (Heighton). He said right now it is two different facilities, and the facilities they want us to clean, he thinks in the long haul are going to be rented out. He just doesn’t know that they are generating any money to put into that repair. He said he would be glad to invite them to a Council meeting.
COMMUNICATIONS
Mr. Harvey said they have on the agenda the letter from Mr. Tordiff that he referenced at the last meeting regarding the flood fee, submitted as part of our records.
REPORTS – None
ORDINANCES
ORDINANCE NO. 20-52 – ORDINANCE AUTHORIZING EXPENDITURES FROM THE CARES FUND 06 FOR REIMBURSEMENT OF COVID-19 RELATED EXPENSES was given first reading.
Mr. Cleary moved, seconded by Ms. Rist, to suspend the rules and give Ordinance No. 20-52 second and third reading by title only. Mr. Pierce said this ordinance received a favorable recommendation by the Finance Committee. Motion passed unanimously and Ordinance No. 20-52 was given second and third reading. Mr. Cleary moved, seconded by Ms. Rist, to adopt Ordinance No. 20-52. Motion passed unanimously. ADOPTED
ORDINANCE NO. 20-53 – AMENDING THE ANNUAL OPERATING BUDGET FOR THE CITY OF IRONTON, STATE OF OHIO, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2020 AND DECLARING AN EMERGENCY was given first reading.
Mr. Cleary moved, seconded by Ms. Rist, to suspend the rules and give Ordinance No. 20-53 second and third reading by title only. Mr. Harvey also added that this ordinance was given a favorable recommendation by the Finance Committee this evening. Motion passed unanimously and Ordinance No. 20-53 was given second and third reading. Mr. Cleary moved, seconded by Ms. Rist, to adopt Ordinance No. 20-53. Motion to adopt passed unanimously. ADOPTED
ORDINANCE NO. 20-55 – AN ORDINANCE PERMITTING THE USE OF UTILITY TERRAIN VEHICLES AND ESTABLISHING CHAPTER 477.04, 477.05, 477.06 AND 477.07 OF THE CODIFIED ORDINANCES OF THE CITY OF IRONTON, OHIO AND DECLARING AN EMERGENCY was given first reading.
Mr. Harvey said he would ask that this ordinance be given three readings so Council can analyze it. Mr. Kline said he is ok with the ordinance, but he just wants to make sure that they are licensed and street legal. He said he thinks that is the biggest thing as far as safety. He is also concerned if they have the resources to enforce it. He said he sees golf carts and the side-by-sides now that are not licensed and are not street-legal on the streets. He said his vote is going to hinge on the Mayor’s and Police Chief’s recommendations, whether to go forward with it. Mr. Pierce said, as Mr. Kline said, he sees quite a few golf carts in his end of town with kids driving them, and three, four and five kids in it. He said he thinks this legislation mandates that they have to be at least 16, so he thinks they have a safety issue to think about, too. Mr. Harvey said the golf cart ordinance minimum age is 16 as well. Mr. Cleary said that is not being enforced because he agrees with Mr. Pierce, and he sees them every day go by his house, and there might be five or six young kids going as fast as they can down 4th Street. He said he has never called the Police, but maybe he should and see if they can start enforcing that 16-year-old law. He asked Chief Wagner what she thinks. Chief Wagner said they try to monitor that as best they can, however, as Council knows, they are really short-handed recently. She said they try their best, but sometimes they have limited knowledge or no knowledge of it. Mr. Haney said with the revenue, he didn’t see numbers; but they would have to create some type of service fee for their inspections because that would have to be inspected by the Police Department. Mr. Harvey said that is already in there, and it is $20. Mr. Haney asked if that goes to the Police Department fund or what fund? Mr. Elam said the General Fund. Mr. Haney said he would like to have an amendment because the Police Department is providing the inspection so he would like to maybe amend it to where the Police Department gets some of that funding for equipment or something of that nature. He said is open for discussion on this, but he thinks it would generate a little bit of extra revenue as long as they can make sure that the regulations are being followed. He said he thinks it is good that they are going to give it a couple more readings. Mr. Harvey said he is fine with that. Chief Wagner said regarding the licensing and inspections on the golf carts, they do those, however, with the COVID issue, everyone knows there are restrictions and there were things that were delayed as far as licensing for several months. And they are just now getting back in the swing of everything with that. Mr. Harvey said since the Police are in the General Fund, it may be best served into the Vehicle Replacement Fund or something along those lines so it could be dedicated to the Police. Mr. Haney said he is good with that. He said he is good with whatever recommendations Council has. Mayor Cramblit said just following up with what every Councilmember said shows that putting it into the Police Fund or putting it into the Police Equipment Replacement Fund would be great because we are also talking about them enforcing this as well.
Mr. Haney said he would like to make a motion to untable Ordinance No. 18-84. He said that ordinance is the ordinance establishing a hotel/motel lodging tax at a rate of 3%. He said this was tabled a couple of years ago. He said it is nothing on the citizens of Ironton, it is just for people staying in the hotels—it doesn’t affect the residents whatsoever. He said he did a little research and looked at some of the tax rates in cities in southern Ohio. Marietta is currently at 8% for a lodging tax, Cincinnati is 6.5%, Westchester is at 3% and also Logan is at 3%. He said he thinks the 3% in this ordinance is extremely fair, but what this does is kind of takes some burden off the citizens. He said he thinks Mr. Elam quoted that this 3% could generate around $120,000 a year in extra revenue. He said Mr. Elam could probably give us a more definitive answer on that. Mr. Harvey said he will second Mr. Haney’s motion to untable Ordinance No. 28-84, before any more discussion. Mr. Elam said he would have to go back through and look at those numbers from two years ago. He said those were actually provided by the Lawrence County Auditor’s Office, and he would like to verify those numbers. He asked Brigham Anderson if he remembered those numbers? Mr. Anderson said first of all, he thinks that a motion to take from the table comes without a debate pursuant to the charter, so he doesn’t know whether to take it from the table or not is appropriate. He said the other thing is Roberts Rules of Order on a motion to take from the table says that when a motion is laid on the table, members must take it from the table by the end of the next meeting or it dies. So he has some concerns—one is the charter and two on the motion to take from the table right now. He said no to Mr. Elam, he does not have those numbers committed to memory, but he does recall that when this motion was brought up, he recalls doing this actual ordinance. He said what he doesn’t want to happen is a vote to occur tonight, because he doesn’t know if that vote would be legal just on the motion. He thinks what would probably be appropriate would be for him (Mr. Anderson) to draft a new ordinance and set it for the next meeting. Mr. Haney said he will be willing to sponsor that. He said he thinks there are a few things in it to be amended anyway, including dates, etc. He said he would be happy to basically use the same language that they had. Mr. Pierce said he would co-sponsor that with Councilman Haney. Mr. Anderson said he will prepare that and get it out to Council tomorrow. He said Section 4 of the old ordinance said the tax shall commence on January 1, 2019. He asked if they want a commencement date in it or do they want it just available by law, depending on how many votes it gets? Mr. Haney said “available by law” would be fine. Ms. Rist and Mr. Hock also said they would sponsor the ordinance. Mr. Haney said he would rescind his motion, and Mr. Harvey said he would rescind his second to that motion.
RESOLUTIONS
RESOLUTION NO. 20-54 – RESOLUTION AUTHORIZING THE CITY OF IRONTON, OH TO ENTER INTO A MARKETING AGREEMENT WITH UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. (“USP”) D/B/A SERVICE LINE WARRANTIES OF AMERICA (“SLWA”) FOR ADVERTISEMENT TO THE CITY’S RESIDENTS OF WARRANTY PLANS FOR REPAIRS OF EXTERNAL WATER LINES, IN-HOME PLUMBING ON RESIDENTIAL PROPERTY, AND DECLARING AN EMERGENCY was read
Mr. Kline moved, seconded by Ms. Rist, to amend Resolution No. 20-54, Exhibit A, Section 5, Subsection “Background”, from $0.50 to 10%. Motion passed unanimously. Mr. Harvey added that this Resolution received a favorable recommendation from PUC tonight. Mr. Kline moved, seconded by Ms. Rist, to pass Amended Resolution No. 20-54. Motion passed unanimously. ADOPTED
Mr. Harvey asked Mr. Elam if he could work with the Andersons in drafting legislation to divert that royalty to Water Distribution and Sewer.
MISCELLANEOUS
Mr. Kline said for the next Council meeting, he would like to invite Deanna Holliday, Dr. Bill Dingus and Marty Conley from the Chamber of Commerce. He would like to request an Executive Session ahead of reading of the proposed ordinance concerning the Hotel Lodging Tax and to discuss contracts. Mr. Harvey asked Mr. Kline if he wanted them as invited guests for Audience Participation or specifically for that ordinance. Mr. Kline said specifically for that ordinance and have an Executive Session before the reading of that ordinance. Mr. Harvey said that will be difficult to facilitate in their virtual world. He said the other people who are logged on with us, such as the Clerk and the media, when they get to that point, he will have to get contact information from whoever is broadcasting their live Facebook and call and/or text to let them know when they resume out of Executive Session, just to be transparent.
Mayor Cramblit said Mr. Harvey had talked about receiving that communication from Jim Tordiff at the last meeting, and there was some misleading information in that meeting about money being moved from one fund to another. And he wanted to clear up that they got an opinion on that flood fee, just so it is transparent so everyone can understand, that that is not being done. It says, “in reviewing the ordinance, the funds were not earmarked in any particular way, therefore, unless there was a subsequent ordinance that earmarked the funds from a reading of the ordinance that created the fund, there are no such restrictions as Mr. Tordiff had claimed.” Mayor Cramblit said he wanted everyone to understand that what Mr. Tordiff was stating was completely false.
Mr. Hock moved, seconded by Mr. Pierce, to go into Executive Session with Council, the Mayor, Solicitors and Mr. Elam, to discuss contracts with no action to follow. Motion passed unanimously.
Minutes were taken by Marta Leach, Clerk.
In attendance: John Elam, Finance Director, and Mayor Cramblit.