NORTH BALTIMORE – With a judge’s recent ruling in favor of village officials regarding the setting of
utility rates, council’s original ordinances still stand which increase water and sewer charges every
year through 2014.
During council’s meeting Tuesday, Solicitor Chet Marcin confirmed with members that they had received an
e-mail regarding Judge Robert Pollex’s decision in late March in favor of the village. At issue was a
referendum which was approved by voters in November challenging the hefty rate increases.
Village officials started the legal process in October to have the judge reaffirm their right, not
residents, to set utility rates, and in January Marcin filed a brief explaining the village’s case.
After November’s election which successfully challenged the two rate increases, council reintroduced the
rate increase ordinances, but tabled them in February after two readings, pending Pollex’s decision. On
Tuesday they took the two ordinances off the table but did not approve them as their original ones from
the summer of 2010 still stood.
After the meeting, Marcin explained that Pollex found his legal argument consistent with the state
constitution which grants municipalities the authority to set utility rates. The only issue subject to a
referendum relates to whether a municipality is going into the utility business.
"Since the 1920s the village has been in the utility business," he said. "Once in it,
legislative authorities can run it in a way that’s fiscally responsible." Marcin added residents
cannot repeal rates, but they can go to court to directly challenge rates that have been raised.
Members approved a resolution honoring Harold E. Richmond for serving 47 years with the North Baltimore
Fire Department, and Mayor Ned Sponsler presented a framed copy to him. Officials applauded Richmond and
gave him a standing ovation.
"It’s been an honor to serve the community," he said. "Thank you very much for your
gratitude."
After a brief executive session to discuss personnel and confer with Marcin, members approved the
purchase of a 2005 tanker for the fire department at a cost of $80,000, plus an additional $1,000 for a
new paint job on it. It is being purchased from Osco Tank & Truck Sales in Illinois.
Members heard a presentation from Sherry Bretz and Mike Julien about the desire of the NBHS Class of 1969
which wants to plant trees as a living memorial in honor of the group as a whole, including seven
members who have died.
Suggestions they are considering include planting some trees in the green space of the Dold subdivision,
as well as part of the landscaping at the new middle/high school which is being built.
Sherry Bretz said the class had 62 graduates in it, and the goal is to raise $6,200 to eventually plant
62 trees and have some type of rock or marker in honor of the class.
Councilman Tony Damon said officials are still working out how payment can be made with installing
lateral sewer pipes to houses.
"It does look like it’ll be cumbersome, but do-able to help people," said Sponsler.
Also during the meeting, council:
¥ Was reminded in the finance officer’s report that a representative from Central Collection Agency will
be in council chambers on April 9 from 9 a.m. to noon to help residents file their municipal income tax
returns.
¥ Approved as an emergency ordinance the authorization of the administrator to prepare the specs, then
advertise for bids for the expansion of Maplewood Cemetery.
¥ Heard from Fire Chief Doug Ebright that the fire department did not get the grant he applied for from
the Ohio Department of Commerce for new equipment. The program received 581 applications, totaling over
$6 million in requests, when it only had a little over $1 million to give away.
¥ Gave a first reading to a resolution accepting the annexation of land in Henry Township, to the
village, owned by Howard Hotaling.
¥ Approved writing off $25,000 in unpaid EMS runs stemming from insurance and Medicare adjustments and
employees.
¥ Saw in Police Chief Allan Baer’s report there were 365 calls for service in March, with 60 traffic
complaints, 17 suspicious persons, 11 assists, 60 house checks and 11 disturbances.