Minutes 5-27-08 Council Minutes
Rittman City Council Met in
A Regular Meeting

on Tuesday, May 27, 2008 at 7:00 p.m.


Members Present:  Glen Russell, Charles Copley, Darrell Carey,
  James Johnson,
Lynn Beaumont and Richard Lapehn
Members Absent: None
Presiding:

Mayor William Robertson

Invocation was given by: Barbara Brooks, clerk followed by the Pledge of Allegiance.

Workshop

a. Discussion of Advertising for Bids for the Rehabilitation of the Milton Road
Lift Station

City Manager Boggs advised approximately a year ago Council approved hiring an
engineer to rehabilitate the Milton Road Lift Station and those plans were finally complete. He advised originally it was thought the project would cost approximately $93,000 and the engineers project $111,000. Boggs advised they were hopeful with the economy being slow we might receive a competitive bid and still fall within the anticipated budget. Boggs advised tonight he was asking Council for permission to advertise to receive bids and those would be brought to Council after they were opened. He advised they hoped to get this project underway and complete by the fall of this year.
Mayor William Robertson advised Council would consider a motion under new business.
No discussion.

b. Discussion of the 2009 Proposed Recreation Center Budget
Recreation Director Garrick DiSalvo advised Council was provided his proposed budget for
the recreation center and had time to review it and he was available to answer any questions.
Council Member Charles Copley inquired as to the increase in part-time salaries.
DiSalvo advised they estimated high as it was hard to determine whether all the funds would be needed for the year, as the many programs offered were increasing. He advised such as the soccer program where two more employees were brought in to help with the seventy children signed up for soccer.
Boggs indicated last year with the pool being closed the budget in that area was dropped due to the lack of need for lifeguards and with the pool being open again the part-time salaries were more widely used.
Council Member Glen Russell inquired as to why the increase in lifeguard salaries.
DiSalvo indicated last year the pool was closed and there wasn’t a need for lifeguards.
Russell inquired regarding special program fees for the softball tournament as to how many teams.
DiSalvo advised there were seven girls’ teams.
Russell inquired if the parents contributed to the cost of travel.
DiSalvo advised their gas money to get to the facility. He advised they have contributed to the maintenance of the field and helping with concessions.
Russell inquired regarding office supplies if everyone in Rittman now had a pair of scissors.
DiSalvo advised they use that account for other things, but he wanted to explain by providing a list such as scissors and hole punches, etc.
No further questions.

c. Discussion of the 2009 Proposed EMS Budget
EMS Chief Andy Baillis advised as Council could see from their proposal that the (EMS)
budget overall has not increased 2.46% until you add our new ambulance in and then it looks like it increases quite a bit. Baillis advised we needed to consider keeping with our vehicle and maintenance upkeep program, which was replacing an ambulance every fifteen years out of service and moving one back after ten years of service to a reserve status. He advised this year we are destined to that by our plan and the quote came in around $136,000. He advised in the past two years when we purchased the last (ambulance) since establishing this program the price has increased dramatically. Baillis advised we could look at an increase of another $5,000 if we don’t start trying to move this process along and take delivery right after the first of the year. He advised with metals and fuel surcharges, etc. and the chassis increase in August. He advised this would possibly need to be considered in the next couple of meetings. Baillis advised he was available for any questions from Council.
Russell inquired regarding part-time salaries, as there was an increase.
Baillis advised this past year they added a second daytime person and after two years this past year there was the passage of a raise to maintain the level of coverage necessary. He advised they use a portion of that fund to pay the billing clerk Trudy Arnold who was also an EMT, which he believed was cheaper than hiring out the billing.
Council Member Lynn Beaumont inquired as to the cost for a run.
Baillis advised roughly $350 to $400.
Beaumont inquired as to what we charge.
Baillis advised right now an ALS run was $465, which was competitive with others. He advised mileage rates they were at $3 a mile now and the average was about $8 a mile. Baillis advised according to Medicare/Medicaid rules they are able to bill prevailing rate and we collect up to 80% of that (amount). He advised about 2 years ago Council approved a change in wording to charge one rate, which allows us to bill the insurance companies for the full amount and the residents are credited so they saw no increase in their bill and some actually had no secondary insurance charge at all. Baillis advised possibly Council should look at adjusting mileage charges especially with the cost of fuel currently.
Beaumont inquired as to the history of collecting on what insurance doesn’t pay.
Baillis advised collecting overall was about 83%, which was extremely high in this field. Baillis advised Ms. Arnold takes care of billing and was currently training Ms. Fetter to take over as she has more duties in the Finance Department. He advised they bill consistently and use a software system called Lytec that helps in billing properly with the correct codes and she was very good at what she does and has a very good collection rate. Baillis advised if we bill out $100,000 we are able to collect up to $80,000 based on Medicare rates and some additional comes in from secondary insurance. He advised residents by ordinance receive a $200 credit for their tax dollars.
Council Member Richard Lapehn inquired as to where he was with capital improvements this year.
Baillis advised they had to ask for an appropriation amendment to do the station modification and they have approximately $8,000 left in the account for this year or about 60% out of the total budget for the year.
Lapehn advised you have spent about $25,000 for this year so far.
Baillis advised that was correct.
He advised and he was budgeting $25,000 for 2009 because you won’t have a big ticket item this coming year.
Baillis advised that was correct. He advised over the last several years we have redone the roof, redone the kitchen, remodeled the door and done some electrical work. He advised the only major thing he felt they could anticipate in a twenty-year old building was the possibility of having to redo the HVAC system.
Lapehn inquired if the furnace was o.k.
Baillis advised the last time he had a service representative look at it, he said it was o.k. for now, but parts were becoming harder to find for it. He advised he did get a quote approximately two years ago and that $25,000 has that amount included should the need arise.
Russell inquired as to how many part-time and how many full-time employees.
Baillis advised he was the only full-time and there were 28 other members of the department that were considered part paid. He advised of those 28 there were about 12 that work the daytime shifts to fill 12 hours a day 7 days a week.
Russell inquired as to how many were required on a run.
Baillis advised by state law they have to have 2 certified EMT’s or greater to the transport to the hospital.
Boggs inquired if the driver could be one of them.
Baillis advised as long as he holds the certification, yes.
Copley advised there was an additional fund for recruitment and inquired if he was anticipating additional recruitment.
Baillis advised they were probably getting to the point where based on runs where they were going to have to go out and advertise versus just word of mouth.
Copley advised this was due to an increase in call volume and not just an increase in personnel.
Baillis advised absolutely. He advised we have the same line of personnel and there was more work and it was becoming harder for them to give up their personal lives to do this.
Russell inquired as to uniform replacement and the life of a uniform.
Baillis advised generally once a year and they have had to replace some due to blood borne pathogen exposure. He advised they (EMS) don’t have a true uniform allowance like the police department does in their contract, but they figure about $200 per person per year to maintain the uniform level. Baillis advised that includes coveralls, winter coats, pants and shirts.
Robertson advised it was good to see a savings on the health insurance line item.
Baillis advised that was the first time he could ever remember it.
No further discussion.

Citizens Forum
Rick Hanlon of Olds Avenue advised a couple weeks ago he asked James Johnson to state where he lives in Rittman. He advised he was guessing since he went the next day and changed his voter registration that you were probably going to tell me West Hill Avenue.
Council Member James Johnson advised that was correct.

Old Business

a. Ord. No.7484 An Ordinance of the Council of the City of Rittman, Ohio, Wayne and Medina Counties, Declaring it Necessary to Establish a Municipal Motor Vehicle License Tax Upon Municipal Residents who have Registered Motor Vehicles in Medina County. Third Reading.
Ord No. 7484 was read on third reading. Lapehn moved to adopt, upon roll call; Carey-Yes, Copley-Yes, Russell-No, Beaumont-Yes, Lapehn-Yes, Johnson-Yes and motion carried.

b. Ord. No.7486 An Ordinance of the Council of the City of Rittman, Wayne and
Medina Counties, Ohio, Authorizing the Municipal Manager to Obtain the Release of Permissive Tax Funds from the Wayne County Engineer for the Improvements of West Sunset Drive and DeCourcey Road and Declaring an Emergency. Third Reading.

Ord. No. 7486 was read on third reading. Copley moved to adopt, all Yeas on roll call and motion carried.

c. Res. No. 7488 A Resolution of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Declaring it Necessary to Improve Part of Ohio Avenue by Planing and Milling the Existing Surface and Installing a New Asphalt Surface, All Together with the Necessary Appurtenances Thereto and Declaring an Emergency. Third Reading.
Res. No. 7488 was read on third reading. Copley moved to adopt, upon roll call; Carey-Yes, Copley-Yes, Russell-Yes, Johnson-Yes, Lapehn-Yes, Beaumont-No and motion carried.

d. Ord. No. 7489 An Ordinance of the Council of the City of Rittman, Ohio, Authorizing the Municipal Manager to Accept the Rates of Hatcher Insurance Agency, Agent for Principal, Plan 1274, Rittman, Ohio, for Employee and Dependent Hospitalization, Surgical and Major Medical Coverage for a Period of One (1) Year Commencing June 1, 2008 and Declaring an Emergency. Third Reading.
Ord. No. 7489 was read on third reading. Russell moved to adopt, all Yeas on roll call and motion carried.

e. Ord. No. 7490 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Amending the Salary and Wage Ordinance No. 7467, Pursuant to the Attached Exhibit and Declaring an Emergency. Third Reading.
Ord. No. 7490 was read on third reading. Copley moved to adopt, upon roll call; Beaumont-Yes, Lapehn-Yes, Johnson-Yes, Copley-Yes, Russell-Abstain, Carey-Yes and motion carried.

f. Ord. No. 7491 An Ordinance of the Council of the City of Rittman, Wayne
and Medina Counties and State of Ohio, Amending Section 1329 Flood Control and to Provide for the Renumbering of the Subsequent Sections Pursuant to the Attached Exhibit “A” and Declaring an Emergency. Third Reading.

Ord. No. 7491 was read on third reading. Russell moved to adopt, all Yeas on roll call and motion carried.

g. Res. No. 7479 A Resolution of the Council of the City of Rittman, Ohio
Granting Tax Abatement to Tony and Cathy Thompson for Thompson Services and Declaring an Emergency. Second Reading.

Res. No. 7479 was read on second reading. Copley moved to amend by accepting the addition of section two, “The abatement is contingent upon the fact that no exemption from the requirement of flood insurance on the improvement is obtained.” upon roll call; all Yeas on roll call and motion carried. Russell moved to suspend the rules and have third reading, Lapehn-Yes, Beaumont-Abstain, Carey-Yes, Copley-Yes, Russell-Yes, Johnson-Yes and motion carried. Ord. No. 7479 was read on third reading. Russell moved to adopt as amended, upon roll call; Johnson-Yes, Russell-Yes, Copley-Yes, Carey-Yes, Beaumont-Abstain- Lapehn-Yes and motion carried.

h. Ord. No. 7493 An Ordinance of the Council of the City of Rittman, Ohio, Wayne and Medina Counties, Declaring it Necessary to Establish a Municipal Motor Vehicle License Tax Upon Municipal Residents who have Registered Motor Vehicles in Medina County. Second Reading.
Ord. No. 7493 was read on second reading.
Johnson advised his motion would remove this from the agenda so the citizens could have a chance to decide what they want in accordance with what we will be voting on in new business.
Johnson moved to table indefinitely, upon roll call; Russell-Yes, Carey-No, Beaumont-No, Johnson-Yes, Copley-Yes, Lapehn-No, (3-3), Mayor-No and motion failed.
Lapehn moved to place on third, upon roll call; Russell-No, Carey-Yes, Beaumont-Yes, Johnson-No, Copley-No, Lapehn-Yes, (3-3), Mayor-Yes and motion carried.

i. Ord. No. 7494 An Ordinance of the Council of the City of Rittman, Ohio, Wayne and Medina Counties, Declaring it Necessary to Establish a Municipal Motor Vehicle License Tax Upon Municipal Residents who have Registered Motor Vehicles in Wayne County. Second Reading.
Ord. No. 7494 was read on second reading.

Copley moved to table, upon roll call; Copley-Yes, Beaumont-No, Russell-Yes, Carey-No, Lapehn-No, Johnson-Yes, (3-3), Mayor-No and motion failed.

Russell advised he felt some of the residents were under the misunderstanding that if this $5 tax passes that their street when paved would be paid for and that should be cleared up.
Beaumont advised people have asked him if this passes and they pay an extra $5 where does that money go. He advised he has actually copied the statute and gave it to people so they understand this is not discretionary money. He advised this money would stay in Rittman, be used in Rittman by our municipal government specifically for the use of the streets.
Russell advised there was no assurance their streets were going to be paid for next year (or when paved).
Beaumont advised at some point when their street would be paved, that $5 would be used out of that street fund. Beaumont advised people have told him they were willing to pay the $5 if they knew the money would be used to pave the streets. He advised it absolutely would, as the statute does not allow any of us to say the money could be used somewhere else, the money had to be used for the streets. He advised he gets the same questions and responses that the $5 was not bad if they knew it was going to stay in Rittman and it would.
Copley advised he felt they needed to be clear that if this passes and they (residents) were charged the additional $5 it does not mean the assessments would end. He advised this $5 collected on each tag would not be enough to offset the cost of the assessments and he felt they should be clear on that (point).
Beaumont advised that was true, as it has been Council’s policy. He advised after talking with Cindy (Finance Director) it was his understanding that Salt Street was paved and the property owners were not assessed, but generally speaking the policy of the city has been that if you have an improved street there will be assessments. He advised we weren’t changing policy or making new rules, but were doing the same thing from what he understands from talking to the people who have been involved with this for years. Beaumont advised this would give them the ability to collect an additional $5 to help us (city) with the paving projects.
Johnson advised he has talked with people as well on State St., Medina St., Seneca St., College St. area and they were heavily against this. He advised they go well when it comes time to renew my license that $5 could be used somewhere else and he agrees with them. He advised people needed to keep as much money as they could with the way the economy was going right now. Johnson advised our street paving program ran very well years prior and he didn’t see a need to say, “Oh, the state let’s us do it, let’s go ahead and do it”, as he didn’t feel that was a good thing to be doing. He advised he was also hearing that our neighbors are doing it, “so, let’s do as our neighbors and not think for ourselves”. He advised basically it sounded like to him that we have half of a City Council sitting up here saying let’s do like everyone else and not let Rittman be its own community. Johnson advised we were voted by the people to serve them, which was the reason under new business there was an ordinance for the election in November. He advised he felt the citizens should be the one deciding this and not us. Johnson advised we are a split Council and a split Council should not be making a decision that could range from $5 to $25 depending on (how many vehicles you own). He advised the average citizen does not own (just) one vehicle, as the average citizen in the United States of America owns three (vehicles). Johnson advised listening to “Oh, we need the money…Oh, we need the money” let’s look at our budgets first before we go after the citizens for money. He advised let’s go through the budget review process and there might be an opportunity to decide can we use some money or not. Johnson advised let’s not go straight for the citizen that looks bad. He advised that looks very bad as a Council. He advised street repairs was a place we need money obviously, let’s try to find money before we tax the citizen. Johnson advised he felt this was a bogus ordinance and in his personal opinion it should have never come back. He advised now was not the time to be taxing the citizen especially considering how the gasoline national average was $3.94 and the City of Rittman was $3.99 a gallon. He advised that $5 by next year was going to be a gallon of gas.

Lapehn moved to place on third, upon roll call; Johnson-No, Lapehn-Yes, Carey-Yes, Russell-No, Beaumont-Yes, Copley-No, (3-3), Mayor-Yes and motion carried.

j. Res. No. 7495 A Resolution of the Council of the City of Rittman, Wayne and Medina Counties, Ohio, to Provide for Municipal Services for the Proposed Annexation by the Property Owner of Approximately 5 Acres in Milton Township, County of Wayne and State of Ohio and Declaring an Emergency. Second and Third Reading. Res. No. 7495 was read on second reading.
Lapehn inquired if adjoining property owners received notification and do they have a voice in the process.
Bower advised they have received notification, as the statute requires they be notified as well as notification to our clerk and the Milton Township Clerk.
Lapehn inquired if we heard back such as a voice of opposition.
Bower advised one property owner called him today saying he was opposed because he was of the impression the city was going to go out and annex him against his will. He advised this property owner was not in the parcel Mr. Faber owns.
Robertson advised the only concern he has heard was the city was going out and doing this rather than people coming to us and requesting it. Robertson inquired if this property owner was o.k. once it was explained to him.
Bower advised he didn’t know. He advised him this was the law that he wasn’t making it up and he (property owner) called the county commissioners and confirmed same.
Beaumont moved to suspend the rules and have third reading, all Yeas on roll call and motion carried. Res. No. 7495 was read on third reading.
Copley moved to adopt, all Yeas on roll call and motion carried.

New Business

a. Res. No. 7497 A Resolution of the Council of the City of Rittman, Wayne and Medina Counties, Ohio, Authorizing the Municipal Manager to File an Application with the State of Ohio, to Participate in the FY08 Small Cities Community Development Block Grant Downtown Revitalization Program and to Enter into an Agreement with the State and Declaring an Emergency. First Reading.
Res. No. 7497 was read on first reading.
Russell inquired as to what this was really concerning and how much money were they going to be tied down with, how much was it going to cost the city.
Boggs advised if this (grant) application was awarded it was a $30,000 grant with a 50/50 match and we would have to come up with $15,000. He advised it was his intention to spread that (amount) out with $7,000 paid by the city, $5,000 from the CIC and $3,000 from the Chamber.
Russell inquired if the downtown businesses were going to “kick in” on this at all.
Boggs advised the businesses normally “kick in” on phase II or Tier II. He advised what this was the planning and development phase, which designs the plan. He advised there would be community meetings with business people and citizens and hopefully Council as well and the entire plan would be put together. He advised in phase II the business owners would assist (financially) to help refurbish their storefronts and interiors. Boggs indicated some of the phase II grant money would be handled through the city to help assist these businesses with their initial renovation projects.
Robertson advised we couldn’t move forward without this plan in place. He advised they couldn’t request any other grant money or start helping the businesses until they have the plan.
Russell inquired as to what would this really do for the city.
Boggs advised hopefully we could begin to see (downtown improvement) such as what Orrville and Doylestown and Wadsworth have done.
Russell advised he was a little disappointed with some of the storefronts and he didn’t know if there would be any draw for customers.
Robertson advised they needed support. He advised if we put together a plan that says this was what the citizens of Rittman agree they would like their downtown to look like and take that plan to the property owners. He advised the property owners would be given a standard of what their property should look like such as sidewalk repairs, repaving, better curbs, lamp posts, etc. He advised some of it would be up to the property owners to fix their buildings and set some standards. He advised some of the absentee landlords would be encouraged sell to people who would market the property better and would bring new business downtown.
Russell inquired what if some of these businesses don’t want to follow through.
Robertson advised it becomes a public pressure type issue. He advised he didn’t feel they would have any legal grounds, but in some cases there were ways to go ahead and make the changes and assess the building owners for the changes.
Russell inquired if a business or businesses didn’t want to do it, would it hold the project up.
Boggs advised yes, that could kill it.
Robertson advised it would be done a part at a time. He advised there were several business owners who were very interested in improving and they would go ahead with their work and their properties become more lucrative and provide commerce in the downtown area.
Boggs advised this phase had to be done before they could obtain other grants. He advised if we can’t get our act together after this plan, it would probably die on the vine.
Russell advised in other words we would be spending $30,000 and it would not get us any place.
Boggs advised that was up to the community. He advised there had to be community support. Boggs advised he felt they have been talking about doing something for as long as he can remember they have had some downtown committees. He advised he felt it was important for the community to get this thing “kick started”. He advised he felt they had a good chance of this (being successful) if the citizens and the downtown merchants support it, but we have to have a plan. Boggs advised if we don’t have a plan we weren’t going to go anywhere.
Robertson advised some of the grant money could be matching for the business owners as well. He advised they would be offered let’s say $10,000 to improve if they put in $10,000 of their own funds. He advised you might be surprised how that would jump start renovations to a building, if someone were handing them money.
Russell advised it sounded good, but he would like to see more on paper.
Robertson advised that was what the plan was and what they were talking about putting the money into.
Copley inquired if the Chamber and the CIC were onboard with the proposal.
Boggs advised it was his understanding the Chamber has already budgeted that money for this purpose and there was an upcoming meeting with the CIC (6/05).
Copley advised you say some of the downtown business owners were onboard and he inquired as to what percentage were onboard.
Chamber Executive Director Kimberly Springer advised there were quite a number of them in favor of it and Kelley’s Auto Service has been talking about redoing a car wash and if this grant money was available, why not try and get it.
Robertson advised he didn’t know of a building owner that was opposed to it at this point.
Springer advised they actually have a Rittman Improvement Committee that was made up of building owners and business owners and they made a motion to move forward with this grant application and there were 9 members who serve on that committee.
Copley advised he believed there would always be the business owners that as long as they were receiving rent, wouldn’t be interested and there was absolutely no incentive for them to do anything. Copley advised if we could improve some part of downtown hopefully that would encourage others to do the same, but he agreed they needed to get the program in place.
Springer advised she felt an incentive would be to encourage the businesses to work with this program, as that was better than saying they would be assessed. She advised she felt it was better to say we can help the businesses with money from the state and other cities have said this approach works well.
Beaumont has a branch office in Doylestown and he heard that many criticized the program (in the planning phase) and just to look at that downtown now it was very nice and every storefront was full and they weren’t hearing the criticism now. Beaumont indicated there would always be complaints from people when a project was going on giving you their opinion of what should and shouldn’t be done. He advised he felt the same would look nice in Rittman and we should try.
Robertson advised he felt the timing was right as it would dovetail the Rails to Trails project and would bring opportunity to Rittman whether we were ready for it or not.
Boggs inquired if they couldn’t have emergency three readings tonight do to time constraints, as he needed it before the end of June if that was the wish of Council.
Russell advised he felt he didn’t have enough information to be able to say that he wanted to spend $30,000 for the downtown revitalization. Russell advised maybe it was fine and he has seen Doylestown and it does look fine, but he felt he was in the dark on what they were doing in order to justify spending this type of money. He advised he wasn’t against the program he was just saying he doesn’t see where we are going with that.
Robertson clarified the city would be committing $7,000 to this phase of the project.
Russell advised it was $30,000 total.
Robertson advised every community was unique in what they decide for their downtown look and really try to get community involvement.
Russell advised you have been on the committee and know what you have been working on and he felt he was sitting in the dark and really doesn’t know what they have talked about.
Johnson advised he doesn’t like the idea of saying we (city) were only committing to $7,000, as we don’t know yet if the CIC was onboard yet.
Boggs advised if the CIC pulls out he anticipates they would “pull the plug” on this project.
Copley moved to suspend the rules and have second and third reading, upon roll call; Copley-Yes, Russell-No, Lapehn-Yes, Johnson-Yes, Beaumont-Yes, Carey-Yes and motion carried.
Res. No. 7497 was read on second and third reading.
Lapehn moved to adopt, upon roll call; Carey-Yes, Beaumont-Yes, Johnson-Yes, Lapehn-Yes, Russell-No, Copley-Yes and motion carried.

b. Motion to Advertise for Bids for the Rehabilitation of the Milton Road Lift Station Beaumont so moved, all Yeas on roll call and motion carried.

c. Ord. No. 7498 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Amending Section 505.13 Certain Animals Prohibited, to Amend this Section of the Codified Ordinances of the City of Rittman and Declaring an Emergency. First Reading.
Ord. No. 7498 was read on first reading.
Carey inquired as to who decides if it was a nuisance and what is a nuisance.
Boggs advised according to the ordinance the City Manager.
Carey advised obviously if they (bees) were flying down the sidewalk stinging everyone that was pretty much a nuisance, but just flying around my yard.
Boggs advised he had a conversation with Dr. Meade and he was very well educated on this topic and discussed some of the ordinances in surrounding municipalities. He advised he personally would like a clause stipulation some kind of fence around the hive to protect a child wandering on the property. He advised other than that he didn’t have a problem with allowing such. Boggs advised Dr. Meade said Orrville had something similar to what was being proposed and if they have problems they declare it to be a nuisance. He advised if it wasn’t taken care of properly or fenced in they were told to remove it.
Carey inquired if it should be amended to include some type of enclosure.
Boggs advised that was his personal preference. Boggs advised if someone wanders onto someone else’s property that was an issue in and of itself, but for added protection he would feel more comfortable with such.
Copley advised he had a fee issues with allowing beekeeping in any kind of residential area. He advised there were those who were allergic and one nuisance could be one too many. He advised to say that if they were taken care of they were not going to be a problem, but at the same time they could be a problem, as unlike a dog they could not put a leash around a bee or keep a bee on that property. Copley advised the current ordinance allows as permitted under the zoning code and he believed R-E allows agricultural and he believed beekeeping fell under agricultural classification. He advised beekeeping was allowed in the city as long as it was in a Residential Estate district, which were typically larger lots. He advised those who live in a R-E district should be fully aware that not only could there beekeeping, but farm animals for agricultural use. Copley advised if someone wants to keep bees inside the city, it was his opinion they needed to be kept in a R-E zone along with all the other agricultural avenues. He advised he didn’t feel beekeeping was o.k. when you live in a tight residential area.
Russell advised he felt our forefathers had some reason to have in the ordinance not to allow beekeeping. He advised there were people who were allergic and it could be life or death. He advised he felt it wasn’t good to say people could have bees in their backyard as he felt there would be more trouble than what we want. Russell advised he didn’t feel it was up to the City Manager to say it was a nuisance or not or how would he be able to control it. He advised if everyone put hives in their backyards that might be all he would get done was finding out what was going on with the bees. He advised he felt was shouldn’t go with this proposal.
Beaumont advised he understood the motivation behind what Dr. Meade was trying to do, but he would have a real hard time answering his neighbor when he wanted to know why he voted for allowing a beehive in backyards. He advised he understood the issues about the diseases that were affecting the population of the honeybees, but he felt it was not a good idea.
Russell advised he grew up around bees and (Mr. Meade) made a statement that you could walk up to a beehive and not be stung, but that was not true. He advised he felt it was not safe and he felt there would be some children to challenge those beehives.
Robertson suggested Council could advance it to second reading and have Dr. Meade back to discuss it some more.
Lapehn advised he was in favor of this and we have ordinances about dogs and cats and parakeets and everything else in town. He advised if there was a problem with your neighbor harboring ten cats we call the city or the police and they come and investigate and encourage that neighbor to take it back to three or whatever the ordinance says.
Johnson advised two.
Lapehn advised two of each, it was a Noah’s Ark rule he guessed. He advised he has gone to places where you buy honey and they have bees and he has walked around the beekeeping places and his understanding was the honeybees were the most harmless and least aggressive of all the bees that we would every encounter. Lapehn advised the idea of the fence he didn’t know if it would affect the bee flight and the trajectory of their flight and he felt they should study that issue. Lapehn advised he didn’t see a lot of folks rushing out to be beekeepers because of their ignorance (lack of knowledge) of the trade. He advised not knowing how to why would you or do something you don’t have an interest in. Lapehn advised he felt it was a very specific ordinance that would benefit Dr. Meade and he claims would benefit the ecosystem of bees and other things in the area. He advised there was a lot of scientific support for his viewpoint and he didn’t know of (except on fictional T.V.) where people were running over a hive and getting stung. He advised it wasn’t something he has read in the newspaper. Lapehn advised that was why he placed it on second and that was why he will vote in favor of moving it to second.
Carey advised according to what Copley stated about the current ordinance (R-E) they could do it anyway.
Copley advised this proposed ordinance would allow anywhere in the city.
Lapehn moved to place on second, upon roll call; Carey-No, Copley-No, Russell-No, Beaumont-No, Lapehn-Yes, Johnson-No and motion failed.

d. Res. No. 7499 A Resolution of the Council of the City of Rittman, Wayne and Medina Counties, Ohio, to Provide an Election to Establish a Municipal Motor Vehicle License Tax Upon Municipal Residents who have Registered Motor Vehicles in Medina and Wayne Counties and Declaring an Emergency. First Reading.
Res. No. 7499 was read on first reading.
Lapehn inquired as to the cost of placing this on the ballot.
Bower advised he didn’t know, but he could find out. He advised he would think since it will be a presidential election our cost would be minimal.
Lapehn inquired if it was basically just the advertising costs.
Bower advised probably, but he could confirm such.
Robertson advised the big costs would be incurred for a special election with only one item on the ballot.
Johnson moved to place on second, upon roll call; Russell-Yes, Beaumont-No, Carey-Yes, Johnson-Yes, Lapehn-No, Copley-Yes and motion carried.

e. Ord. No. 7500 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Amending Section 1163.10 M3 Mixed Industrial Use, to Amend this Section of the Codified Ordinances of the City of Rittman and Declaring an Emergency. Three Readings.
Ord. No. 7500 was read on first reading. Copley moved to place on second, all Yeas on roll call and motion carried.

City Manager’s Remarks
City Manager Larry Boggs had no remarks

a. Finance Director’s Remarks
Finance Director Lucinda Mann was on vacation.

Council Remarks
Council Member Lynn Beaumont advised at the last meeting he wasn’t quite sure what the law was regarding the sale of the city lot next to the ditch by the shopping center. He advised he looked up and read the statute and talked to Kevin (Bower). He advised he had some misconceptions as to what the rules were for the sale of that lot, as to what we can and cannot do. Beaumont advised he would like to have a memo as to what our options were if we were to sell said lot. He advised whether it was sealed bids, an auction, whether we have to accept the bids so we have a better idea if we wanted to reconsider the sale we would know the rules we were functioning under. Beaumont advised regarding the issue of placing the permissive tax on the ballot and if Council votes to do that then obviously we were going to do that. He advised he has a problem with it as he felt it was like they don’t know what to do so they just pass the buck and never make the decisions they were elected to make. He advised sometimes they were hard decisions, but he felt they have to sit here every other Monday having evaluated the information, which the City Manager and the Law Director take a long time to provide to us. Beaumont advised he believed the citizens elected us to make decisions and they were not always going to be easy decisions. He advised they were elected to evaluate everyone’s position and make the decision they feel was best for the whole town. He advised we have had a lot of discussions about making sure we assess the people on Ohio Avenue because we don’t want to pick and choose who we assess and he totally agrees with that (reason). Beaumont advised his motivation for saying we should incur was because he believed the road to be unsafe and not to favor property owners, but allow us to make that area of the road safer. He advised for us not to make a decision and one way or another they were going to wait until November and advertise and spend money to have people give their opinion he believed was us not doing our job. Beaumont advised James (Johnson) was right when he said let us speak for ourselves and that was exactly what he believed they were elected to do to make decisions. He advised let’s make those decisions and not wait until November to allow someone to do that. Beaumont advised he calls people randomly just to ask them their opinion and 90% of those people were in favor of doing that (adding the $5 license plate tax). He advised he felt it was their job to find out what the people want. He advised call your neighbors, ask people in your church or the people in your group like the Lion’s Club or the Rotary so we can make an intelligent decision and vote the way we believe the citizens want us to vote. Beaumont suggested the Mayor write about it in his column and ask people to call us. He advised anyone who wants to call and talk to me about issues here or things he has said or how he has voted can call or email or come see him. He advised he felt that was their job. Beaumont advised he felt they were going down the wrong road by saying this was a tough decision and let’s not make a decision, but pass it on to the voter. He advised he felt it was our job to make those decisions. Beaumont advised he voted for it and he has given the reasons for it and if it doesn’t pass he wasn’t going to ask to have it put on the ballot, as that was the decision of the Council and they would simply move on. He reiterated it was their job to make those tough decisions. Beaumont advised he has sat in the audience in years past when Council was discussing assessments and he listened. He advised they (some of you included) had a lot of patience to listen to all the comments. He advised on a much smaller scale he felt this was the same thing as they were asking people to pay $5 and that was a tough decision. Beaumont advised let’s assess the citizens views on this (issue) and vote accordingly.
Council Member Darrell Carey thanked everyone for coming and he thanked EMS Chief Baillis for his budget for next year as he felt he did an excellent job.
Council Member James Johnson thanked everyone for coming and he thanked the EMS Chief for his budget report. Johnson advised he would like to give a brief update on what has been going on with the recreation center board, as he hasn’t been getting back to Council as often as he feels he should. Johnson advised there was a new board member Mr. (Orville) Ullman who was appointed by the school board. Johnson advised the recreation center recently purchased (3) spin bikes for a class that he understood was very well (attended). Johnson advised in response to Mr. Beaumont he agreed they were elected to make decisions for the citizens and we shouldn’t be “tossing” everything to the citizen at an election. He advised his reasoning for wanting this (tax issue) placed on the ballot was because of the split Council. He advised he felt if Council was split 3-3 they shouldn’t be making the decision and at that point the citizen should be involved in the decision making process. Johnson advised by voting no to place this on the ballot he felt he was going to hear that there were two members sitting on Council who don’t want the citizens to have a voice for what is going on in their town. He advised he found this weekend in Wadsworth at the square Thurs. thru Sun. they would have a mini Vietnam Memorial Wall available to the public. Johnson advised from what he understood it was very moving.
Council Member Richard Lapehn advised in response to James (Johnson) statement, the great thing was that every four years the citizens get to vote and say yes or no whether or not that Council Member represents their view points. Lapehn advised historically as there was an issue about three or four years ago Councilman Russell and he voted in the minority against placing an item before the people and that was for a credit for the tax. He advised so Councilman Russell and he previously voted against putting something in front of the people. He advised when you (Johnson) say there were two people who don’t want the people to vote on things, he would encourage people to read all the minutes from previously years. Lapehn thanked Garrick (DiSalvo) for his enthusiasm for the recreation center and Chief Baillis for pushing for the ambulance as he felt it was a good idea.
Council Member Glen Russell advised in response to Mr. Beaumont he has been on Council for twelve years and he takes his job very seriously and he also talks with the citizens. He advised maybe he doesn’t hear from the same group and he believed there were lots of different groups they were each associated with. He advised every vote he has ever voted he honestly and sincerely voted for the benefit of the residents and that was why he was here and hopefully this was where he would continue to be. Russell advised he would continue to represent the residents to the best of his ability and as honest as he possibly could, but he appreciates his comments. He advised just because he voted no doesn’t necessarily mean that he was offended because he voted yes it was just that the people he has talked to wanted him to vote that way. Russell advised he doesn’t have any business to promote and he didn’t have any axes to grind he was just here as himself voting for the residents. He advised he would to commend the city crews for doing an excellent job on the cemetery. He advised the report he had a couple weeks ago about the grave the lady said the city did an excellent job with it and wanted him to pass along the message. Russell advised there were some issues on W. Sunset Dr across from Rufener St. regarding complaints from a neighbor as the lawn needs mowed, the fence was falling over and he felt that issue needed to be addressed although he didn’t know what they would do. Russell advised there was also a lawn out on Rufener Street that needed mowed. Russell advised there was a letter from a citizen concerning the alleys and trash pickup. He advised he felt it would be better if all the residents put their out in front of their house and eliminate the alley pickup. He advised those trucks were huge and it was hard for them to get down some of those alleys. Russell described some of the situations facing these trucks in these alleys. Russell advised he would like for Council to take a look at it and maybe the City Manager could write a letter and tell everyone to put their garbage out front as that would save time for Waste Management. He advised when we get ready to renew our (waste hauling) contract maybe we could remind them we saved them money since they don’t have to go down those alleys.
Robertson inquired if there was a reason someone could not put his or her trash out in front.
Russell advised he wasn’t aware of any and he felt they should make it standard for everyone.
Copley advised there could be some properties where the front was someone else’s area.
Russell advised he also felt some were putting their recyclables in the front and their garbage in the back by the alley. He advised they should be sent a letter from the City Manager.
Boggs advised there were alleys all over the city. He advised he called Waste Manager after Councilman Russell contacted him and they (WM) would love it if we had the residents put their trash out front, as it was very difficult for them to get down the alleys especially in the winter month. He advised they wouldn’t go as far to say we would get a discount on our next contract. Boggs advised he didn’t go out and count houses or see how many have a tree lawn, but he could drive through the main alleys and see what problems we might encounter and bring it back to Council at the next meeting.
Copley advised he would prefer it be looked into before we make a decision.
Russell thanked Chief Baillis for his report and the Recreation Center Director for his report and he thanked all those who came to the meeting and invited them to come back.
Council Member Charles Copley thanked everyone for coming. He advised in response to Councilman Beaumont’s remarks he would say Council did make a decision and unfortunately two members were absent, but Council did vote no on both of those (license tax ordinances). Copley advised it was from the insistence of Councilman Beaumont that they were brought back so to sit here and say the three that were voting no do not want to make a decision was false. He advised the three who were voting no were agreeing with what Council said before and that no on those two ordinances. Copley advised for him to say that if these were voted down you wouldn’t push to place them on the ballot. He advised he felt they have seen over the past couple meetings the likelihood of this Council voting it down was slim to none. He advised (Beaumont) was an intelligent person and after several votes on the matter he had a pretty good feeling that they were going to pass. Copley advised he takes offense to him (Beaumont) saying that the three members who were voting no were doing so without talking to anybody.
Mayor William Robertson congratulated the VFW on the Memorial Day parade they organized and was held yesterday as he has heard some nice comments regarding the parade. He advised a resident provided some pictures if anyone was interested in looking at them and it was a very moving ceremony at the Rittman Cemetery with approximately 100 people in attendance. He advised the band, the scouts, VFW and Legion all participated. Robertson advised the Fire Dept., EMS and safety forces were in the parade so there was a lot of participation and quite a few came to watch and appreciated the efforts. Robertson advised the Western Reserve National Cemetery had a wonderful service on Sunday afternoon and he would encourage anyone who has never attended to do so as there were approximately 500 to 1,000 people in attendance with skydivers, flybys and a very moving ceremony. Mayor Robertson advised he would like to encourage Council to attend the Communication Meeting this Thursday, May 29, 2008 at 7:00 p.m. in the Chamber Office and there would be a lot of discussion on the Sleepwalker Festival and they could use the help. He advised on June 6th and 7th the IGA would celebrate their one-year anniversary in town. He advised on the 6th Friday from 1-4 p.m. Super Joe Charboneau would be signing autographs and interacting with the kids. He advised he was the 1980 rookie of the year. He advised on June 7th Saturday evening from 5-8 there would be a concert in the parking lot and bring your chairs and enjoy some music. Robertson advised Donny and Bob Foutty owners were very excited about being in Rittman and they continue to improve their products and services they provide. He inquired if they wanted a workshop item on the sale of city property.
Beaumont advised just so we all know what the rules and regulations were on it.
Johnson advised it didn’t matter to him what the rules were as he still would not be in favor of selling city property when we could use it for something else. He advised he didn’t see the need to bring yet again something else back that failed.
Robertson advised he wasn’t talking about a vote.
Beaumont advised it wasn’t a vote, but a little bit of knowledge.
Johnson advised he didn’t feel there was a need for workshop as he felt he could read it on his own time.
Robertson advised the workshop was his idea.

a. Approval of Vouchers 48641 thru 48755 Including Then and Now
Certificates Russell moved to approve, all Yeas on roll call and motion carried.

Motion to Adjourn – 8:35 p.m.
Russell so moved, all Yeas on roll call and motion carried.

 


 

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