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Council approves moratorium on water, sewer rates

Lead Summary
By
Caitlin Forsha-crforsha@gmail.com
Hillsboro City Council members approved a 30-day moratorium on water and sewer rates after hearing a proposal to establish “an enterprise fund for storm water infrastructure improvements” from safety and service director Todd Wilkin.

Wilkin said that he is preparing an official report for council members, after which the utilities committee will meet to review the plan. According to Wilkin, the report will outline “a proposed change of the current water and sewer legislation.”

“Currently, each citizen pays an $8 surcharge in their sewer bill,” Wilkin said. “It’s built in. Fifty-four percent of that $8, which is $4.32, goes into the Sewer Debt Retirement Fund, while 46 percent of it, which is $3.68, goes toward sewer improvements. The city collects approximately $255,000 per year with this surcharge.

“I would like for council and the committee to consider changing the surcharge to $6 for sewer debt and improvement and create a new enterprise fund for storm water infrastructure improvements.”

As citizens currently pay an $8 surcharge, there would be “no change to the rates,” Wilkin said. The proposed enterprise fund would be used to correct ongoing infiltration/inflow problems in the city.

“On a yearly average, the water treatment plant pumps 730,000 gallons a day,” Wilkin said. “The wastewater treatment plan, again on a daily average, treats 1.3 million gallons of water a day. These numbers, as you’ll see, they indicate a significant number of I/I [infiltration/inflow], and it’s an issue that the city must try to remedy.

“The issue is I/I – water that’s getting into our system through storm water, through sewer systems that are leaking and a storm system that simply doesn’t exist. On Aug. 9, one day after council met last month, the water treatment plant pumped 860,000 gallons of water, but the wastewater treatment plant treated 2.8 million gallons of water on that day. We received, on that day, two and a half inches of rain. So that’s telling you that we are treating rainwater – a lot of it.”

According to Wilkin, the new $2 surcharge for the proposed enterprise fund would yield “approximately $64,000 a year.”

“That money would be utilized for storm system improvement if we create the enterprise fund, which means there will have to be legislation changes, and we’re going to have to really dive in and figure this out,” Wilkin said. “But our storm water infrastructure either is nonexistent, or it’s in a state of disrepair. With these repairs, we can in the first year map our current system. Once we have the map, then we can go after grants to make improvements to the system.”

Wilkin asked council for “a temporary moratorium on the water and sewer rates until after we can have the utilities committee meeting and discuss this in more detail.”

Council voted unanimously to approve the moratorium.

• • •

In his report, Hillsboro mayor Drew Hastings asked the finance committee to reconsider his request to increase funding to the Highland County Visitors Bureau.

As previously reported in The Highland County Press, Hastings asked council to consider increasing the city’s contribution to the organization from “about $4,000 a year to about $15,000 to $16,000 a year.” Hastings had proposed giving the Visitors Bureau 50 percent of the city’s lodging tax, instead of the 12.5 percent it currently contributes.

Last year, council put a one-month moratorium on the lodging tax, saying they would seek an opinion from the Ohio attorney general.

However, according to a statement from the Ohio Attorney General’s Office on July 21, 2015, the city did not request an opinion on the lodgings tax. A 2015 audit of the Highland County Convention and Visitors Bureau stated the city’s tax “should not have been levied.”

Highland County Prosecutor Anneka Collins also told the city of Hillsboro in August 2013 that the city tax was inappropriate since the county lodging tax pre-dated the city tax by several years, referencing a March 29, 2013 opinion by Ohio Attorney General DeWine.

Hastings said that he had attended the open house hosted by the Visitors Bureau board and new director Destiny Bryson at their Welcome Center.

“Because I’m confident that the Visitors Bureau is now in capable hands, I would like to re-approach the finance committee with my request to provide more funds to the Visitors Bureau,” Hastings told council Monday.

Hastings also announced that he plans to meet with Senator Bob Peterson and Speaker Cliff Rosenberger to “discuss the possibility of amending the Ohio Revised Code to allow qualified individuals from around Highland County – and not just city residents, which is how it’s currently structured – to be considered for commissions and boards.”

“It’s something that I think will absolutely benefit Hillsboro, as well as other municipalities around the state,” Hastings said.

Hastings also said that the city is working to redesign its website to make it “much more interactive and easier to read.” Council president Lee Koogler later asked council members to give him their input on council’s page on the city website.

At the conclusion of Hastings’ report, council member Tracy Aranyos asked the mayor to begin including information on grants being written by city employee Kirby Ellison.

“I know that’s what she did before, and that’s what she’s currently more or less working on,” Aranyos said. “Just to keep everybody in the loop, I was just wondering if we could every month get an update.”

“The grant writer reports to the safety and service director,” Hastings said.

Wilkin said that he could begin including the information in his report.

• • •

Property maintenance and restoration committee chair Ann Morris spoke about the committee’s plans for the Colony Theatre.

Morris said that she and other council members, along with an architect, recently took another tour of the Colony Theatre. The group determined that “the facade was in good condition, with some tough work needed on the top of the brick work.” The architect will be presenting estimates “for construction and restoration” to the committee, Morris said.

“The committee is recommending that the front part of the Colony Theatre be refurbished,” Morris said. “A proposed mini-park and a large parking lot are in the discussion for possible areas to be constructed behind the Colony lobby area.”

After council heard the second reading of a resolution to authorize the Hillsboro Area Economic Development Corporation (HAEDC) to demolish the entire Colony Theatre and to declare an emergency, members asked to
remove the legislation from the agenda while the issue is being considered by council committees.

“It says to demolish the entire Colony Theatre,” council member Claudia Klein said. “I think we, as a whole body, have kind of decided we can salvage the front part of it. Therefore, the whole Colony doesn’t have to be [demolished].”

In addition to the Colony project, the property maintenance and restoration committee has been considering several topics over the past month, including blighted and vacant properties. The committee is also researching legislation for “identifying unsightly cars on properties” and adding a “designated stand-alone paragraph in our existing ordinance addressing this issue” for both residential and commercial areas.

Morris also told Koogler that the recently updated sign ordinance “mistakenly left out a paragraph that referred to temporary signs” and asked about the procedure to add it to the ordinance.

“It will have to be a new piece of legislation,” Koogler said.

• • •

Wilkin informed council that the Ohio Department of Transportation has reached out to the city regarding a signal timing project to ensure “all the lights are talking to each other, so that traffic can flow through Hillsboro properly.”

“The engineer will finish up the drawings here this month,” Wilkin said. “That will go, as ODOT says, out to sale. They’re hoping to secure and award the bids in, believe it or not, March of next year, so it is a little bit of a slow process. Hopefully, in April of next year, the contractor will be performing the work.”

ODOT will be updating signals at intersections “that do not currently have the same technology as other intersections,” Wilkin said.

Council voted 7-0 to approve a resolution (preliminary consent legislation) granting consent to ODOT to perform the signal retiming project within the City of Hillsboro on US Route 50, US Route 62 and state Route 73 in the fiscal year 2017 (PID 103831).

Wilkin updated council on bids for several city projects:

• The city received four quotes for health insurance on Aug. 29, which the city rejected, and new bid proposals are due Sept. 13.

• The proposed Hillsboro dog park project “has been advertised for bids,” which are due Sept. 14.

“We’re hopeful to receive good pricing and get the dog park done this year, utilizing the ODNR funds that were secured via a grant last year,” Wilkin said.

• No bids were received for the Colony Theatre electrical work project, and the city “will be soliciting proposals from local contractors to perform that work.”

Wilkin also told council that city is awaiting a conciliators report from their negotiations with the FOP after the two parties “came to an agreement.”

• • •

Street and safety committee chair Justin Harsha discussed the Festival of the Bells committee’s meeting and asked council to consider approving the dates for the 2017 festival.

“I’m not sure what he’s asking on behalf of,” Hastings said.

“The festival committee,” Harsha said.

“The festival committee, but not as a board – you’re on the board of the festival also, but you’re asking on behalf of the council committee?” Hastings asked.

“I’m asking council to approve the dates for next year’s festival,” Harsha said.

“But shouldn’t we be clear on how that’s coming to us?” Hastings said.

“Well, I won’t be voting on it, but the typical way is to ask council for the dates,” Harsha said. “I’m on the Festival of the Bells committee, and they asked me if I could ask for the dates from city council.”

Council member Bill Alexander said that council should approve the dates for the committee “to find talent at a reasonable rate” for the festival’s annual concerts and moved to approve the dates. Council voted 6-0, with Harsha abstaining, to approve July 6, 7 and 8 as the 2017 Festival of the Bells dates.

• • •

Klein reported that the community enhancement committee met to discuss plans for the proposed dog park. During their meeting, committee members heard a presentation from Wilkin on plans for the dog park, including trees, water and benches as well as parking.

• • •

Council voted 7-0 to approve an ordinance to amend Hillsboro Code Section 144.03 to provide for mobile food vehicles and to amend the fee schedule for applications for permits, after hearing the ordinance’s third reading.

As discussed at the July council meeting, the proposed changes include updating the fee to $200, restricting vendors from “setting up within 200 feet of a similar permanent business location” and ensuring the vendor’s location is “safe for pedestrians and traffic,” according to finance committee chair Dick Donley.

There was no discussion prior to the vote.



• • •

Council members received a letter of appeal from uptown business owner Rory Ryan regarding a proposed sidewalk project affecting the 100 block of South High Street.

As previously reported in The Highland County Press, business and property owners between 122 South High Street and 142 South High Street received a letter from Wilkin in late August stating that the city “has initiated a sidewalk replacement program in your area.” The letter said that the program would include “upgrades to ADA ramps at crossings and intersections” and “laying the infrastructure for street lights to be placed in front of your storefront.”

“Property owners are responsible for all costs incurred for the sidewalk replacement process, per City of Hillsboro Ordinance 96.15,” Wilkin said in the letter. “The expense for the sidewalk replacement will be based on the street frontage of the property.”

“Mr. Ryan is asking us, essentially, to look at the issue and see whether or not council agrees with the decision to move forward in the 100 block … with the sidewalk project,” Koogler told council.

Wilkin said he didn’t understand “what Mr. Ryan is appealing.”

“The letter I sent him wasn’t a demand to repair his sidewalks,” Wilkin said. “It was a letter asking for a meeting to be established so we could talk about the sidewalk replacement program.

“I’ve met with six of 10 property owners along South High Street, as time has allowed, and in those discussions, it’s been very clear that yes, there is upfront money available to pay the contractor, but ultimately the business or property owner would be responsible for the cost. I’m not even sure that we have enough money to do that project right now.”

Koogler asked if the city had sent formal notice to the business owners asking them to repair the sidewalks at this time.

“The letter that was sent to them was just a letter asking to meet with them, again, so we could build a budget to replace the sidewalks,” Wilkin said.

Law director Fred Beery said that the appeal was “not ready for council to hear at this time” but asked Wilkin to “report back.”

“Let us know next month in regards to it, and we’ll consider any appeals that are made to council,” Koogler said.

• • •

Council members heard from a local business and rental property owner, David Brown, who came to dispute a mowing bill from the city after one of his rental properties was said to be in violation of the tall grass ordinance.

Brown said that a notice was placed at his rental property on Aug. 12, and he received a bill on Aug. 22 “to pay for the mowing of the grass.”

“I don’t live at this residence. It is a rental property,” Brown said. “When the original notice was placed on the door, there was also an eviction notice in the door at the time this was placed. When they mowed the grass was on the sixth day after posting this notice, and according to the ordinance, I should have been notified personally – which I wasn’t. Second of all, I should have had 10 days to get the grass mowed, and it was done in six days, which I think is inappropriate.”

Koogler asked Brown if he had spoken with city administrators on the matter.

“I talked to [city code enforcement officer] Phil Lutton, and he told me I had to come out here, because once he filed the papers, it’s out of his hands,” Brown said. “He said there’s nothing he could do about it.”

Koogler asked Beery if there was an appeals process, to which Beery responded that Brown would have to go through Wilkin, not council. Koogler asked Wilkin to meet with Lutton to discuss the issue.

• • •

Hastings reported that the Hillsboro Planning Commission continued discussions on updating the city’s zoning code.

“The zoning code diagnosis was completed in May of this year and was far under budget, leaving approximately $20,000 to start the zoning code update in 2016,” Hastings said. “Additional funds will be appropriated in the 2017 budget. The estimated total for the zoning update is about $37,000 and will be completed in four parts over the course of the next 12 to 18 months.”

Anyone who wishes to serve on the zoning committee should contact commission member Buck Wilkin, Hastings said.

• • •

In other action, council members approved the following resolutions, each by a 7-0 vote:

• A resolution authorizing the City of Hillsboro to prepare and submit an application to participate in the Ohio Public Works Commission (OPWC) State Capital Improvement and/or Local Transportation Improvement Program(s) and to execute contracts as required (Phase II North East Street reconstruction).

• A resolution authorizing the City of Hillsboro to prepare and submit an application to participate in the OPWC State Capital Improvement and/or Local Transportation Improvement Program(s) and to execute contracts as required (Wastewater Treatment Plant belt press).

• A resolution accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the county auditor.

• Council also voted 4-3 to approve four members of the Design Review Board as appointed by Hastings. To read more, go to http://highlandcountypress.com/Content/In-The-News/In-The-News/Article/Council-split-on-Design-Review-Board-appointments-council-member-questions-necessity-of-board/2/20/34814.

• • •

After the meeting, Koogler distributed proposed modifications to the tax code to council members to be discussed in the coming weeks.

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