Invocation was given by: Dr. Richard Lapehn, Pastor followed by the Pledge of Allegiance.

Approval of Minutes – July 14, 2008
Johnson so moved, all Yeas on roll call and motion carried.

Workshop

a. Discussion of the 2009 Proposed Utilities Department Budget
Utilities Director Cary Metcalf advised the salary accounts look off because there would be 27 pays in 2009. Metcalf advised they were pursuing some waterline projects that need done and were applying for Issue II funds. He advised they have some quotes on those projects and they were hoping to get some funding toward and this was in line with the latest Water Distribution Analysis. He advised some of the work would be done in-house which enhances our chances for funding. Metcalf advised as for wastewater in the capital improvement account they allotted money for replacement of a 1915 sewer line that has eroded underneath the railroad at South Main Street. He advised they were waiting on some engineering estimates on getting that replaced and they were going to try to bore under the tracks across the alley and try not to interrupt traffic and save some costs and they have been in contact with CSX.
Council Member Russell inquired as to how deep they would have to (bore).
Metcalf advised it depended on where they bore, but probably at least 9 to 10 feet. He advised he felt it would be best to go down the alley.
City Manager Boggs advised they were estimating it could be in the area of $150,000 due to the railroad crossing. He advised they had a staff meeting last week and it was decided this project needed to be completed before if and when the nursing home should tie-in to our sewer line. He advised the Issue II grants were due in September and they thought it was worth trying for some funding for this project as well as approximately $300,000 of waterline replacement. He advised there was legislation on the agenda tonight for Council’s authorization to apply for (OPWC) funding.
Metcalf advised they have budgeted (2009) for a new service truck, as the current one was a 1996.
Correct figures weren’t available for all line items and it was discussed the Utilities Department Budget would be brought back with those figures provided at a later date.
Council Member Lapehn inquired if we would be retiring some of the debt in the water/sewer department anytime soon.
Finance Director Mann advised no. She advised the safety services building would be going off this year.
Council Member Johnson inquired if they still planned on replacing the sewer jet in the near future.
Metcalf advised there was a line item in the sewer department for future capital improvement projects of $50,000, as they were trying to earmark funds and in his mind those funds would go toward the replacement of the sewer jet. He advised he was hopeful they could replace it in five years if they continue to accumulate money in this account. Metcalf advised the sewer jet was a valuable piece of equipment. Metcalf advised they would also like to install some screens at the wastewater treatment plant at least in the influent channel although they have done some modifications by hand, which was a big help.
Council Member Copley inquired if a number of these projects they were anticipating engineering costs for would be done this year (2008).
Boggs advised the engineer costs would be next year.
Metcalf advised it was based on what type of projects they were anticipate doing. He advised realistically 15% of a project was engineering costs and it could fluctuate higher based on the project.
Boggs advised the grant he was working on currently for over $300,000 the engineering was estimated at a little over $33,000.
Copley inquired as to what was the outside maintenance account in the water department.
Metcalf advised that account and technical services was a tough one to budget for because outside maintenance was typically when they have to hire an outside contractor and repair something or work on something. He advised there was also the equipment repair account when they send the equipment out for repairs. Metcalf advised those accounts fluctuate dependent on what equipment breaks down each year and it was hard to gauge.
Lapehn advised the water and sewer fund accounts were separate as such and then they share the cost of salaries figures and PERS and the like and he inquired if the same rang true for contract maintenance agreements if half was water and half sewer.
Metcalf advised he believed it truly was split between the water and sewer.
Boggs advised if it was an actual expense on the wastewater they charge the wastewater account and water they charge it to water. He advised it was an accurate accounting.
Lapehn advised the sewer fund has exactly the same figure for maintenance agreements as the water fund.
Mann advised the one in administration was actually the radio contract and that was split evenly within the departments. She advised maintenance agreements for the water plant were strictly out of the water fund and there were some which were strictly from the sewer fund.
No further discussion.

b. Discussion of City Waste (Refuse) Hauling
City Manager Boggs advised Councilman Copley several months ago wanted us to take a
look at the city doing its own waste hauling. He advised the current contract with Waste Management would be expiring at the end of this year. Boggs advised it was extremely difficult, but he tried to put together some estimates to institute this program and maintain it. He advised he sent the same spreadsheet to the (Stark-Tuscarawas-Wayne) Solid Waste Management District a few weeks ago and he has yet to hear their comments. Boggs advised the Solid Waste District provided him the name of a possible consultant if Council wished to pursue this further to ensure the data was correct before implementing such a program. He advised he could try to answer any questions Council might have on the study.
Copley thanked the City Manager for his work as it looked to be pretty thorough. He
advised he would like to see a consultant look at it as the biggest expense would be the vehicle and the biggest unknown would be the fuel costs. Copley advised they would be paying for the fuel whether they haul it or pay someone else to haul it with the biggest difference being if we do the hauling we won’t pay the markup for the fuel or taxes.
Russell advised he biggest concern was the dumping situation with the landfill as there were some issues and if those would be settled they might look at it then, but he felt with those issues bearing down on the landfill it could cost the city a lot of money. Russell advised Waste Management picks up everything in one day, but if the city were to (haul its own refuse) there would be trash out on the streets everyday as there would be different zones. He advised he doesn’t like that they would be seeing trash out everyday. Russell advised he didn’t know what the costs would be to have someone come in and give us advice. He inquired if they had any figures on what it would cost.
Boggs advised no he has held off calling as they don’t like to give a (quote) over the phone, but want to come make a presentation and he thought he would wait to see what Council’s direction would be before he called a consultant.
Russell advised he felt the only thing that would be good for us would be the negotiating part with Waste Management. He advised if we could show it could be done for less they might be able to negotiate, but he had mixed emotions about changing.
Council Member Carey inquired about the dumpsters if the city would have to purchase those.
Boggs advised that was one of his questions and he wasn’t sure how they would address it, but he guessed they had two options to either try to handle the dumpsters (ourselves) or let them (customer) rent or purchase on their own. He advised he was assuming that would continue, as this proposal was bare bones. Boggs advised another concern was do they really have enough employees. He advised the Finance Director was concerned about the increase in our Workers Compensation and he doesn’t have any idea as to what those costs would be. He advised Councilman Copley was right because in some respects we would be paying one way or the other. He advised if the landfill closes and they have to haul it further we would pay the extra fuel costs. Boggs advised if Council would like he can contact the consultant and find out what they would charge.
Council Member Beaumont advised he didn’t believe they could make a decision without all the facts and there were issues for which they don’t have any knowledge. He advised he didn’t know if it would be cost prohibitive and there seemed to be a consultant for everything so there might as well be one for garbage.
Boggs indicated he would get a price quote for a consultant at the next meeting.

Citizens Forum
Marilyn Watson of W. Sunset Dr. advised she came to beg Council to please change the rules on property maintenance. She advised she has a neighbor whose property was deplorable and she realized the (city administration) couldn’t do a thing without cooperation from Council. Watson advised she thought a committee (for property maintenance) was being formed about three years ago and they were going to work on these issues and nothing has been done. She advised her neighbors yard has been mowed only three times in the front and two in the back (this season) if you call that mowing and only because she was cited. Watson advised this neighbor would wait until the very last day, as she is given 5 days and then would start mowing at 8:30 pm. Watson advised there were thistles in the back that were 6’ tall and when those go to seed it looks as if it snowed in her own yard. Watson advised her husband is out in their yard everyday trying to get those up and it was redundant to have the lawn care company come service their yard. Watson advised this neighbor holds a flashlight while the yard is being mowed. Watson advised she wished everyone on Council would come look at her neighbor’s backyard, as it was absolutely unbelievably horrible. She advised she knew none on Council would want this next door to them and they would change the rules. Watson advised this neighbor doesn’t even live there and as a taxpayer Watson felt she wasn’t being represented and to her this neighbor wasn’t even a taxpayer. Watson advised the police have been there and documented everything. She advised this neighbor was a very vindictive very nasty woman and the other neighbors have had clashes with this neighbor as well. Watson advised this has got to stop as it has been going on for more than three years and even when this neighbor was living there it looked like a hog pen and it still does. She inquired of Council if there was anything that could be done.
Boggs advised he got the feeling from the majority of Council that they were not in favor of pursuing a property maintenance code so he did not push the chairman for that reason. Boggs advised part of what Mrs. Watson was talking about they didn’t need a property maintenance code. He advised the thistles were definitely defined in the ordinance. Boggs advised he told the police department to document it very well because every time they have taken this neighbor of Mrs. Watson’s into court and this neighbor has challenged them and it has been about 50/50 on the results. Boggs advised one of the problems he was very concerned about was the Wayne County Criminal Justice System as there were a lot of new prosecutors. He advised for example they recently ran into a situation on a junk vehicles that probably have been sitting for a couple of years behind a fence. He advised the owner defiantly refused to remove them and he advised the officer to issue a citation and the prosecutor threw it out because they didn’t have the VIN number. Boggs advised he has been doing junk cars for 20 years and he has never had to have a VIN number on a car and besides this was behind a locked fence and there were weeds growing out of the wheel wells. He advised the ordinance simply says if it is an inoperative or unlicensed vehicle and it was clear it was inoperative. Boggs advised currently he was very concerned about the county assisting them in city ordinance cases and the reason the (Rittman Police) were taking pictures documenting everything to make sure they had a solid case as they don’t want to lose it, but he doesn’t believe they need a property maintenance code to enforce thistles.
Watson advised this neighbor was really “wacko” and claims these (weeds) were flowers. She advised she searched online and in Canton they were not messing with these kinds of people and quite frankly Rittman shouldn’t be messing with it either. Watson advised this neighbor was devaluating her (Watson’s) property as it was a nice neighborhood and wasn’t like it was a “crappy part of town”. She advised actually a “crappy part of town” probably looks better than this, as this was just over the top bad. She advised it was just awful. Watson advised she couldn’t believe this was healthy with all the stuff floating around up there. She advised they come at night and feed all the feral cats living there, as that was a whole other problem.
Mayor Robertson advised so somewhere in the plan is to take it to court.
Boggs advised if need be, but he wanted to make sure they had all their “T’s” crossed and “I’s” dotted.
Police Chief Burg advised he believed a citation was issued last week.
Boggs advised a citation would actually be like a traffic ticket and they would be summons into court.
Watson advised this neighbor waits until the fifth day and then mows in the dark with a flashlight.
Carl Watson advised it was his understanding with one of the citations this neighbor was issued she asked for an extension because she claimed she didn’t have time to (comply). Watson indicated he believed the reason she asked for an extension was because the thistles in her backyard were getting ready to go to seed and she wanted them to blow over into their yard where they would reseed. Watson advised if they come out and look at his yard he has to dig thistles out about once a week. Watson advised he understood there was a state law that thistles were weeds and they weren’t allowed to have them in their lawn area. Watson advised if there was a state law the city should be doing something about it. He advised if it were your neighbors you would be looking into this (situation).
M. Watson advised if you go out in the country you don’t see thistles like you do at this property. She advised this neighbor pulled a bunch of the thistles and then leaves them lay to rot, but she left the one still seeding so when the wind blew it would blow onto her (Watson) property. Watson advised the surrounding neighbors were getting them as well. She advised it was unbelievable.
Mayor Robertson advised it sounded as if we have done what we could as a city by issuing a citation, but we needed the Wayne County Courts to back us up.
C. Watson inquired if they could check to see if it was a state law regarding thistles (not allowed) in a residential area.
Boggs advised Chief Burg to let him know the status of the court case.
M. Watson advised she appreciated anything they could do for them.
Russell advised maybe they could go into executive session after new business to discuss this further. He advised this has been going on approximately 3 or 4 years and he felt it was time something was done. Russell advised they were sitting back and letting that property completely deteriorate. He advised he knew it was private property, but it was bringing the tax valuation down on the surrounding homes. Russell advised if we sit back on our laurels and don’t do anything other people would see it and say if they can do it we can do it too. He advised he felt that was one of the issues they were going to have to take a look at too. He advised he knew it was some hard looks, but they were going to have to set their feet down and make a move and he would like to talk about it to Council at a later time in today’s meeting.
Mayor Robertson advised he didn’t know if that was a valid reason to go into executive session.
Russell advised well he felt they needed to discuss it. He advised he didn’t know how many people on Council had actually seen the lot they’re talking about. Russell advised there were weeds and the fence, he didn’t know, but something needed to be done.
Beaumont advised why don’t they ask Kevin (Solicitor) to check on the status of the case file and let them know which prosecutor has it and that way we could contact the prosecutor.
Boggs advised there was the possibility they may have paid a waiver, as it was waiverable as a minor misdemeanor, but they could check the status of it. Boggs advised even if she paid the waiver if the (offense) still exists they could issue another citation.
Beaumont inquired if everyday would be a separate violation.
Boggs advised yes.
Beaumont advised if they have a solid case they should file everyday.
Russell advised if this situation were next door to any of them here he felt they would probably be pulling their hair out and they would be bothering City Hall everyday. Russell advised he felt Mrs. Watson has been very patient, a lot more patient than he would be.
Fred Rastorfer of Louise St. advised over the years he has come to Council talking about sidewalks. He advised they all know there were some absolutely terrible sidewalks in this city and have been for many years and nothing has been done about it. He advised another one of his pet peeves was Home Street and its lack of sidewalks. Rastorfer advised he does not consider Home Street to be a side street as he has lived on Louise Street for 30 years and he has been up and down Home Street thousands of times. He advised he sees people with strollers and children walking in the street summertime and wintertime and he didn’t believe it would be tolerated on Ohio Avenue or Metzger Avenue or Sunset Drive or Main Street. Rastorfer advised he didn’t like to force people to pay for sidewalks, but somehow some of these dangerous sidewalks and Home Street needs a sidewalk desperately.
Russell advised this issue has been brought up and discussed, but they have never done anything officially. He advised he believed it was discussed with a previous budget, but that was as far as it got.
Robertson inquired if the current policy was the city pays for the sidewalks or the homeowners.
He was advised it was the homeowner’s responsibility.
Russell advised he believed at one time they were going to try to get a grant for Home Street.
Robertson advised he recalls a lot of issues about that time when one of the school levies didn’t pass and busing was cut and parents were complaining because there were several areas around town kids had to walk in the street.
Copley inquired if it was still the policy of the city to remove the sidewalk.
Boggs advised they would remove the sidewalk and haul it away, but it was up to the property owner to replenish it. He advised many years ago he volunteered the police department as it was kinda his pet peeve as well regarding the sidewalks especially the condition of some in the city. Boggs advised he had his officers to document all the problem areas in the town at that time, but that particular Council didn’t want to take any action as far as enforcement. He advised it wasn’t just Home Street, but there were whole sections of sidewalk that were not installed. Boggs advised he would have liked to of had that done a long time ago, but there just wasn’t the support for it at that time.
Mayor Robertson inquired if it was a matter of telling the homeowner to install the sidewalk or the city would do it and assess the property owner.
Boggs advised he felt they have the ordinance to enforce the sidewalks that were bad, but one of the problems was that would have to look at passing some legislation for the sidewalks that were nonexistent.
Russell advised several years ago they talked about some sidewalks, and they were still there, that look like a mountain. He advised he believed he went on record at that time that if somebody gets hurt he would have to be their first witness because it was brought to City Hall three or four years ago and those sidewalks were still terrible.
Boggs advised he believed one of the worst sidewalks in town was Fairlawn Avenue where kids walk (to school) and we just received a grant to replace those sidewalks. He advised the sidewalks on Orchard Avenue were bad too.
Russell advised he felt some of the sidewalks on Liberty Street were replaced, but there were still some bad ones there.
Boggs advised the grant for the Fairlawn Avenue sidewalks wouldn’t be done until next year.
Russell advised he believed West Salem received a grant to install some new sidewalks it wasn’t for repair, but for the installation of new sidewalks.
Boggs advised they just received approval for a grant for sidewalks on Medina Street.
Beaumont advised he owns property in Barberton and a few years ago he received a letter from the city that they received a grant along with a list of approved contractors and the city would pay for half of the cost of replacing your sidewalk. He advised the criteria was provided along with the specifications that needed to be met. Beaumont advised he felt it was too good to be true because the city would tear out the old and a contractor would install a new sidewalk and he would only have to pay for half. He advised if the property owner didn’t pay their half upfront it would be assessed to their property. Beaumont advised he felt it was great and everyone did it and this was an area of average homes. He advised he didn’t know if the city should pay everything, as it would really be improving someone’s property. Beaumont agreed in some areas the sidewalks were in really bad condition.
Russell advised he couldn’t figure out why anyone doesn’t want a sidewalk. He advised when he built up there (Hilty Dr.) he couldn’t wait to get sidewalks in although he has noticed some walk in an area where there are sidewalks and they don’t walk on the sidewalks, but they walk in the street.
Carey advised maybe they were afraid they would be (uneven).
Russell advised not in “our” territory it shouldn’t be, as the sidewalks there were pretty level.
Boggs inquired if Council wanted him to enforce the sidewalk ordinance as written.
Beaumont advised he wasn’t personally familiar with the sidewalk ordinance.
Boggs advised the issue would be that there would be some unhappy homeowners because they would be getting some letters that say they have to replace some sidewalks and that would cost money. He advised and if they don’t he felt they would have to look at assessing.
Beaumont advised he felt they could do a job and he didn’t believe that job was to make everybody happy. He advised he felt they could do their job and placate some of the people who aren’t happy. Beaumont advised he believed this was the second Council meeting where someone has mentioned the sidewalks and he didn’t really notice them until he looked at them and some were really bad.
Russell advised he really felt it was a safety issue not just for the city, but for the homeowner as well. He advised if someone get hurt he felt not only would the city be responsible because we were aware of it, but the homeowner would be responsible because they were aware as well. He advised he hoped no one ever gets hurt, but he felt there would come a time when it would happen.
Copley inquired if the current ordinance was specific enough.
Boggs advised he didn’t know, they were probably going to have to add sections as he believed they could cite them in court, but he didn’t believe it gives details on how they could assess or not assess (property owners). He advised he hasn’t read it in awhile, but he felt that would be where they would need some “beefing up”.
Copley advised he believed there was some vagueness to the current legislation, but he couldn’t recall it specifically.
Utilities Director Metcalf advised he believed some of the complications were, as he was in attendance at a number of those Council Meetings, that some areas required extensive landscaping. He indicated in certain places, like on Grandview, a neighbor could put in his sidewalk and the next house could have property that contours more and they would have more involved in the installation/replacement of their sidewalk. Metcalf advised in areas where the trees were pushing up the sidewalk someone had to be responsible for not only to take the old sidewalk out, but there wasn’t a flat area and they would have to cut trees down or cut tree roots out. He advised there were all kinds of complicated issues and there wouldn’t be continuity throughout the city to be able to put sidewalks in everywhere. Metcalf advised there were so many variations and some residents came to Council and said if they were going to be made to install sidewalks they would have to spend $10,000 in landscaping on an embankment to be able to have a sidewalk for people to walk on because of the contour of his land. He advised someone else would say they were going to have to cut two large trees down and who would pay the expense of his tree removal. Metcalf advised the gasline or waterline could be damaged when removing the trees and there were numerous issues and complications. He advised those were just some of the complications discussed in the past and it was hard to have some continuity on how they were going to address all of the site issues. Metcalf advised if it was just a flat area it was a no brainer, but there were a lot of areas like Liberty Street and the reason they weren’t done was because of issues.
Russell advised he believed there was several residents on Orchard Street who wanted sidewalks put in, but they were told they couldn’t do it because if they cut the roots it would kill the trees. Russell advised for some reason there was an issue with the trees and they wouldn’t allow them to do it and in the meantime no one has done anything. He advised he felt that was one of the big issues.
Mayor Robertson advised and Mr. Rastorfer brought up areas where there were no sidewalks and then there were sidewalks in disrepair.
Lapehn advised there were a variety of codes in place as developments have gone in as there were improved streets with no sidewalks such as Home Street and for some reason sidewalks were not installed and possibly the code didn’t specify when that allotment was being built all those years ago. He advised he knew there was a home across the street from the High School where they weren’t made to install a sidewalk because (the road dead-ended at that time and) it didn’t make sense to force them to install a sidewalk saving them money. Lapehn advised he believed Creston went through this same issue and he believed they sent letters around after the city received a grant similar to Barberton’s with a time frame to complete it or the city would hire someone and they would be assessed.
Russell advised he believed Shreve recently tore out all the big trees and put all new sidewalks in and planted pear trees and he didn’t know their issues, but it looked good.
Johnson advised he remembers the issue with the house across from the High School and he believed the resident who has a house on Cheyenne Dr didn’t have a sidewalk installed along the side on Saurer St. and was forced to put it in (sidewalk). He advised the (abutting) property behind who also has a side yard on Saurer St. didn’t have to put one in because the code didn’t specify such when that house was built and so we have a sidewalk running up Saurer St. from Cheyenne Dr. to the edge of his property and it ends there and from (that point) on Saurer St. to (Pleasantview) there was no sidewalk.
Russell indicated Saurer Street used to dead-end with the property on the corner of Pleasantview and Saurer St. Russell advised when they cut the street on down through there (Hills-n-Dales Allotment) he (property owner on Pleasantview) should have been forced to put the sidewalk the rest of the way (along his side yard on Saurer St.) to connect. He advised he agreed (it wasn’t consistent) as there were people who walk (that area) who have to go into the street just until they get to the corner.
Boggs advised one of the problems they have had with grant monies with the county controlling the CDBG monies was it had to be in a low-income (LMI [low and moderate income]) area. He advised they had to fight for Fairlawn Avenue because on the map it indicated it was moderate to higher income levels on that street. Boggs advised they got around it because it was a main access to the middle school and the only reason the grant was approved for sidewalk replacement on Fairlawn Avenue. He advised if we start requesting the same in areas such as Orchard Street they were not going to get grants.
Beaumont advised he felt they had to have some kind of a plan and his feeling was to install sidewalks where there weren’t any before they start repairing old ones. He advised maybe they could put together a plan like they have with the streets and do so many a year and everyone in town would know at some point it would be their turn.
Boggs advised he didn’t know the story was with Home Street as it has been that way for years and he wasn’t sure if the utility poles wouldn’t be in the way. He advised he felt it was more challenging, but that whole area was rental properties in most of the cases.
Johnson advised he felt they needed to first get a plan in place. He advised he felt they should start in areas where there were no sidewalks. Johnson advised he felt they should come up with a five-year or ten-year plan and let people know their turn would be coming.
Metcalf suggested they consider the terrain too and whether they would have to do a considerable amount of landscaping. He advised in some instances it wasn’t as simple as putting in a sidewalk.
Boggs advised he would try to come up with some possible ordinance language for Council and start working on scenarios. He advised he would try to come up with a policy and get Council’s support if they receive complaints.
Lapehn inquired if they were talking about an assessment program like they currently have in place for street assessments. He inquired if the city would set money aside like we do for streets and say our hope was to do four blocks of sidewalks this year. He advised they could send people a letter in October of this year advising them by October of 2009 they would be engineering the sidewalks and they could expect to be assessed for the repair and maintenance or installation.
Beaumont advised or they could provide the option if someone were to say they don’t want their property assessed that they would do the work themselves and the city would provide the specifications, which needed to be met. He advised if they were in agreement they should all commit to making it a practice so the first few groups of people who would be hit with this expense would feel confident that those in another area would have their turn.
Lapehn inquired if he was suggesting they make this a priority like they have the street paving program.
Beaumont advised he didn’t know if it was as much a priority as the streets, but he believed it was pretty close. He advised he agreed they should come up with a plan, but he felt the areas where there were no sidewalks should be addressed first and at the same time, work on a plan as to how they would replace those in disrepair. Beaumont advised he felt they should come up with a set of criteria.
Copley advised he agreed they needed to set some kind of criteria because at some point he felt they had to say there were too many cracks where weeds were growing up through and part of that criteria could include too much elevation change. He advised he believed that was in the code for criteria for replacement.
Shawn Vallery of Joshua Dr. advised she wanted to speak in support of Mrs. Watson and what she was trying to do. He advised she visited some of Mrs. Watson’s other neighbors and they were saying the same thing about this property. Vallery advised she checked on the property taxes for this property (430 W. Sunset Dr.) and they were behind. Vallery advised she also noticed they were receiving the owner occupied discount and she didn’t see why they should be receiving that 10% discount when they were certainly living elsewhere.
M. Watson advised she never lived there, ever. She advised the only thing there now were cats.
Vallery advised she couldn’t imagine someone having a home that you take pleasure in and they were being deprived of their perceived happiness because of this property next door. Vallery advised regarding the discussion of the trash hauling as part of the city versus being privatized as it was now and she wondered if any comparable community had been contacted regarding when they do it themselves vs. when they privatize. She inquired as to the cost of this service in similar areas. Vallery advised she has seen communities go from doing it themselves to privatizing it, but she hasn’t seen it go the other way. She advised sometimes someone else has already done the legwork and we could find out what is going on out there. Vallery advised those trucks could break down and they cost “an arm and a leg” and she wouldn’t want that burden on her.
No further comments.
Mayor Robertson thanked all those in attendance for coming to the meeting.

Old Business

a. Ord. No. 7502 An Ordinance of the Council of the City of Rittman, Wayne
and Medina Counties and State of Ohio, Amending the Annual Appropriation Ordinance No. 7466, As Amended According to the Attached Sheet(s) and Declaring an Emergency. Third Reading.
Ord. No. 7502 was read on third reading. Copley moved to adopt, all Yeas on roll call and motion carried.

New Business

a. Res. No.7506 A Resolution of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Approving the Report of the Assessment Equalization Board for the 2008 Street Improvement Program and Declaring an Emergency. First Reading.
Res. No. 7506 was read on first reading. Johnson moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried. Res. No. 7506 was read on second and third reading.
Russell inquired if there were any (appeals).
Boggs advised there was one who filed a letter requesting a hearing and they met with that person.
Copley moved to adopt, all Yeas on roll call and motion carried.

b. Ord. No. 7507 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Declaring it Necessary to Proceed with the Improvement of Part of Ohio Avenue by Removing the Existing Asphalt Surface and Installing a New Asphalt Surface, All Together with the Necessary Appurtenances Thereto and Declaring an Emergency. First Reading.
Ord. No. 7507 was read on first reading. Johnson moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried. Ord. No. 7507 was read on second and third reading. Copley moved to adopt, all Yeas on roll call and motion carried.

c. Ord. No. 7508 An Ordinance of the Council of the City of Rittman, Wayne
and Medina Counties and State of Ohio, Authorizing the Municipal Manager to Purchase a 2008 Ford E-450 Road Rescue Ambulance from Burgess Hearse and Ambulance Sales of Loudonville, Ohio for a Sum Not to Exceed $135,670.00 and Declaring an Emergency. Three Readings.
Ord. No. 7508 was read on first reading. Johnson moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried. Ord. No. 7508 was read on second and third reading. Russell moved to adopt, all Yeas on roll call and motion carried.

d. Res. No. 7509 A Resolution of the Council of the City of Rittman, Ohio,
Granting Tax Abatement to Jeremy J. Larrison and Declaring an Emergency. First Reading. Res. No. 7509 was read on first reading.
Copley inquired if this garage was already built.
Boggs advised yes.
Copley inquired as to when it was built.
Boggs advised several months ago. He advised he held the application for a couple of months as he thought he would have some other applications to consider.
Copley advised if it was built this year he didn’t see where a zoning permit was issued.
The clerk indicated he was approved by the Board of Zoning Appeals for a variance to build in the floodplain and subsequently applied for and was issued a zoning permit.
Copley advised the permit must have been issued in the previous year.
The clerk advised that was possible, she would have to check.
Cary inquired if it (detached garage) has been up a couple of months already.
Boggs advised yes it has been many months.
Carey inquired if this (the location of this garage) was in the same area as Mr. Thompson’s house we (Council) did abatement for previously.
Boggs advised no.
It should be noted, Thompson’s property for which he requested CRA abatement was located on Frederick St. and this detached garage was located at 99 N. Seneca St.
It was noted, Thompson was granted 50% abatement.
Carey indicated he would have a problem with granting Larrison 100% abatement when they only granted Thompson 50% abatement.
Beaumont advised he thought the decided the rule was they couldn’t come in after it was built. He inquired if the application was filed before it was built.
Boggs advised there was no rule, which says before or after it was built that he was aware of.
Beaumont advised he thought that was what they told (Thompson). He advised when we tell someone don’t count on getting your abatement and the reason he came and said he wanted to build and he needed to know whether (Council would approve such a request).
Mayor Robertson advised he believed that was his (Thompson’s) choice.
Boggs concurred.
Russell advised he (Thompson) already had the basement in when he brought it to us.
Johnson advised he (Thompson) wasn’t going to build without the abatement, but that was his choice.
Beaumont advised so you can build and then five years later come back and request abatement.
Boggs advised he advised people against that (practice), as he has been asked that question periodically. He advised there were several who complete the project while awaiting their abatement request. Boggs advised with this particular one it (garage) was built before the application came in to his office, as he was not aware of the CRA. Boggs advised Larrison wanted to fill out the application and he held it since the project was already completed and he was waiting on a couple other requests so several months passed before it was present to the CRA Committee. He advised it was freshly built when he received the application in his office.
Copley advised the abatement request would be based on the increased valuation. He advised this ordinance was stating it was for capital costs made between March 1, 2008 and March 1, 2009 and it appeared the capital costs were made prior to March 1, 2008.
Beaumont advised he needed to review all the rules and regulations as he wasn’t understanding how they could expend the funds and then come in and ask for abatement as he felt there had to be some time perimeters.
Boggs advised they could make that local policy, but he saw no regulation saying they couldn’t come in after the fact.
Robertson advised in this case he (Larrison) didn’t know about CRA abatement.
Russell advised and the board of zoning approved it.
The clerk advised that was correct. She advised they were granted a variance to build in the floodplain.
Russell advised the board of zoning approved it to be built.
Copley advised that was approval to be built, but not for an abatement. He advised people build stuff everyday, it didn’t mean they have a right to abatement. Copley inquired how someone building a garage revitalizes the community, as that was what he understood the CRA to be for and that was where he was struggling.
Beaumont inquired as to the purpose of the CRA in relation to this request and advised this guy was spending $6700 to improve his property and apparently he thought that was worthwhile. He advised if it improves the value of his property they wanted to encourage people to do this.
Boggs advised he believed the committee would do whatever Council’s wishes were, but they didn’t have any direction. He advised if Council doesn’t want us to take action on certain things then they need direction. Boggs advised revitalization could be your own definition.
Johnson advised a couple of months ago we told someone who wanted to build a new house that he could only have 50% abatement and now someone was building a garage of a lesser value and we are being asked to grant 100% abatement. Johnson advised he didn’t believe that was fair to Mr. Thompson. He advised they should at least evaluate the percentage and the number of years as he felt they cut both for Mr. Thompson.
Carey inquired if they didn’t also put a condition on it if he (Thompson) sells the property the abatement would not go to the next owner.
Boggs advised he believed that was discussed, but it does carryover to the next owner.
Lapehn advised he agreed they needed to be consistent. He advised he does believe that a brand new garage in the designated CRA zone would improve the property value and provide incentive for neighbors to see that it could be done and they hear about tax abatement issues and policies and word spreads and people have more incentive to do so to their own property. Lapehn advised this (garage) happens to be on Seneca Street and some beautiful new additions were created. He advised regarding Mr. Thompson’s abatement he believed it was 10 years and 50% abatement, was what rings true with him and certainly line this one up with that one if this was something they were going to pass. Lapehn advised the CRA Committee only met for 5 minutes according to the minutes, other than looking at the properties on their own, and were basically passing it to Council to say what’s your pleasure.
Beaumont inquired if they do these case by case.
The Mayor advised it was approved by the CRA Committee.
Boggs advised he believed part of (the confusion) was his fault as he forgot about the Thompson (property), as he should have realized Council already set policy for residential (properties) at 50% and he didn’t disagree. He advised he would recommend we table this (legislation) and amend it bring back what was approved for Thompson.
Russell inquired if they couldn’t just have it go to second reading and have it amended for the next meeting.
Boggs advised yes they could.
Russell advised he felt that would be better.
The Mayor advised this amount would not affect the schools a great deal.
Boggs advised he knew Kevin (Bower) talked to the auditor and on this garage it was roughly about $125 a year.
Lapehn advised Charles (Copley) viable point was if they wanted to say they were looking at living space at 50% for 10 years. He advised if they say storage space or garage space they don’t consider living space or an improvement to the area then they would be getting into a lot of charts and graphs as to what fits (the criteria), but that could be a variable for the amount granted abatement.
Boggs advised what he hears Council saying was they wanted to keep the residential areas the same as (what they approved for) Thompson and that would be no problem.
Russell moved to place on second, upon roll call; Johnson-Yes, Copley-No, Beaumont-No, Carey-No, Russell-Yes, Lapehn-No and motion failed.

e. Res. No. 7510 A Resolution of the Council of the City of Rittman, Ohio,
Granting Tax Abatement to Bill Bolumen for A. G. Bolumen and Declaring an Emergency. First Reading.
Res. No. 7510 was read on first reading. It was noted the location for this request was on the right hand side of the road going south on S. Main St. it was the cement slab wall that was cracked in about three sections and looks as if it was about ready to fall.

Johnson inquired he was requesting abatement for a broken cement wall.
Boggs advised he tried to explain to the owner that replacement of an existing would not (increase his property valuation) and wouldn’t gain him anything. He advised Mr. Bolumen was insistent as he was entitled to apply being in the CRA zone and he wanted approval before he would begin construction (repair).
Carey inquired if it (the retaining wall) was falling down.
Boggs advised yes as he sent him a letter (asking for it to be repaired) last year. He advised the owner came in and said he couldn’t get a contractor at that time. Boggs advised the owner came to him this year and wanted the CRA abatement and he tried explaining that it probably wasn’t going to get him any tax break whether Council passed it or not because it was maintenance.
Carey advised if it was falling in it has got to be a hazard of some sort.
Copley advised he was o.k. with the abatement, but he didn’t feel it would get him anything because it would not change the value of his property.
Boggs advised he tried to explain that (to the property owner).
Carey inquired if we give him the abatement would he fix it (the retaining wall).
Boggs advised he was hoping he fixes it (regardless).
Beaumont advised the consistency wasn’t very specific as they just told a guy no on a $6,700 garage and now we were (considering) abatement for fixing a wall. He advised he felt every landlord in town would be in (requesting abatements) for the CRA.
Russell advised he agreed if they couldn’t do it for a garage he didn’t feel they should do it for a wall.
Copley moved to place on second, upon roll call; Lapehn-No, Beaumont-Abstain, Carey-No, Copley-Yes, Russell-No, Johnson-No and motion failed.

f. Ord. No. 7511 An Ordinance of the Council of the City of Rittman, Ohio to
Approve the Editing and Inclusion of Certain Ordinances as Parts of the Various Component Codes of the New Matter in the Updated and Revised Codified Ordinances; to Provide for the Publication of Such New Matter; to Repeal Ordinances and Resolutions in Conflict Therewith; and Declaring an Emergency. First Reading.
Ord. No. 7511 was read on first reading. Russell moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried. Ord. No. 7511 was read on second and third reading. Russell moved to adopt, all Yeas on roll call and motion carried.

g. Resolution No. 7512 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. Three Readings.
Res. No. 7512 was read on first reading. Copley moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried. Res. No. 7512 was read on second and third reading. Johnson moved to adopt, all Yeas on roll call and motion carried.

h. Res. No. 7513 A Resolution of the Council of the City of Rittman Wayne and
Medina Counties, Ohio, Authorizing the Municipal Manager to Prepare and Submit Applications to Participate in the Ohio Public Works Commission State Capital Improvement and /or Local Transportation Improvement Program(s) and to Execute Contracts as Required and Declaring an Emergency. First Reading. Res. No. 7513 was read on first reading.
It should be noted this grant application was for the replacement of waterlines on Fairlawn, Home, Douglas and Bauman streets.
Russell inquired from Third St to the alley on Douglas Dr. if they were going to the back alley or just going to from Third Street up to the…
Boggs advised he believed they were going clear to the alley, but a portion of it they were doing themselves.
Russell inquired regarding Bauman Street it was a short street, but…
Boggs advised they were going to do that one ourselves as well. He advised that was how they get more points on the grant applications when they show they do some of the work in-house as part of the monetary contributions they have to list for their share of the grant. Boggs advised the grant application deadline was September 15, 2008.
Copley moved to place on second, all Yeas on roll call and motion carried.

i. Res. No. 7514 A Resolution of the Council of the City of Rittman, Wayne and
Medina Counties and State of Ohio, Amending Resolution No. 7460 to Read as Follows and Declaring an Emergency. First Reading.
Res. No. 7514 was read on first reading.
Lapehn inquired as to who was the housing officer.
Boggs advised he was. He advised the County Auditor requested clarification and wanted the word existing in the (ordinance language) per his discussion with the Law Director for the Towsley abatement. He advised it was his understanding this (amendment) would satisfy the auditors request.
Russell moved to place on second, all Yeas on roll call and motion carried.

j. Res. No. 7515 A Resolution of the Council of the City of Rittman, Wayne and Medina Counties Ohio, Authorizing the Municipal Manager to Prepare and Submit Applications to Participate in the Ohio Public Works Commission State Capital Improvement and/or Local Transportation Improvement Program(s) and to Execute Contracts as Required and Declaring an Emergency. First Reading.
Res. No. 7515 was read on first reading.
It should be noted this grant application was for the resurfacing of North and South Main St., E. Ohio Avenue and Sunset Dr.
Carey inquired if there was a time frame for this as well.
Boggs advised the deadline was September 15th. He advised he would need the other two readings at the next meeting or suspend the rules tonight.
Beaumont moved to place on second, upon roll call; Lapehn-Yes, Johnson-Yes, Beaumont-Yes, Carey-Yes, Russell-Yes, Copley-Abstain and motion carried.

k. Res. No. 7516 A Resolution of the Council of the City of Rittman, Wayne and Medina Counties Ohio, Authorizing the Municipal Manager to Prepare and Submit Applications to Participate in the Ohio Public Works Commission State Capital Improvement Program(s) and to Execute Contracts as Required and Declaring an Emergency. First Reading.
Res. No. 7516 was read on first reading.
It should be noted this grant application was for the replacement of the South Main Street sewer lines.
Russell moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried. Res. No. 7516 was read on second and third reading. Carey moved to adopt, all Yeas on roll call and motion carried.

l. Motion to Approve the City Manager Attending the Ohio Municipal League Conference in Columbus.
Copley so moved, all Yeas on roll call and motion carried.

m. A Request to Prepare Legislation Regarding Establishing Penalties for Failure to Comply with Approval for a Conditional Sign Permit.
Johnson advised he believed currently if someone doesn’t comply with the current sign permit regulations they just have to come in and pay the usual fee and there was no penalty for not following the ordinance before placing a sign for a business to advertise.
Boggs advised he wasn’t aware of any (business) who didn’t comply.
Johnson advised he would discuss it with him after the meeting. He advised he felt this Council needed to look into (establishing) a penalty if someone does not comply with a conditional sign permit. Johnson advised if the City Manager comes across a business that does not comply they should have to pay a penalty and not just the same (amount) as those who followed the law.

n. Motion to Go Into Executive Session for the Purpose of Discussing a Personnel Matter and Include the City Manager. – 8:55 p.m.
– Russell so moved, all Yeas on roll call and motion carried.

o. Motion to Come Out of Executive Session – 9:12 p.m. – Lapehn so moved all Yeas on roll call and motion carried.

City Manager’s Remarks

City Manager Larry Boggs advised he visited Wadsworth last week and had a nice chat
with the Service Director and they were very willing to help us on a couple of issues he wanted to discuss with Council in the future. Boggs advised (Wadsworth) provided him with their airport expansion plans, which was pretty impressive if they are awarded the grant and he believed it would help Rittman as well.
Boggs advised he spoke with the owner of the Verizon store today and they plan on opening this Thursday (8/14). He advised so we will now have a Verizon store in town.
Boggs advised they have two of Rob Riley’s warehouses full on S. Main St. and he has contracts on those and they were still working on the third one. He advised even though there were some problems with the electric rates the rent was still lower (for a new business to relocate here) and they were hopefully this deal would still go through. He advised if it does they would have the buildings full down on S. Main St., which would be a nice touch for Rittman.
Boggs advised there was a business looking around downtown and have been working with that individual and would hopefully have another vacant building filled soon.
Boggs advised he had two more CRA abatement requests coming to Council at the next meeting. He advised they were in the business district and were Rob Riley’s and were for these prospective businesses. He advised they were proposing some restroom remodeling and office space at the warehouses.

a. Approval of Financial Report for July
Finance Director Mann responded to a question from Russell regarding the numbers in parenthesis. She advised those numbers on the revenue report mean they have received more money than expected. Mann advised on the expenditure report those negative amounts would be corrected with the appropriation amendment and cleaned up with line item transfers.
Copley moved to approve, all Yeas on roll call and motion carried.

b. Finance Director’s Remarks
Finance Director Lucinda Mann had no remarks.

Council Remarks
Council Member Richard Lapehn thanked the City Manager for the bottled water provided for them at the meeting.
Mayor Robertson advised the Chamber purchased them from GFS warehouse with the custom label (city logo) for the Sleepwalker Festival and these were leftover and were $1 a bottle.
Lapehn advised they did a great job. He complimented the Chamber on the great Sleepwalker Festival as he felt it was good with good weather and a good parade. He advised he felt it was a wonderful representation of the city. Lapehn gave kudos to the recreation center again and advised people had their opinions about the wrestling matches held there, but there was a resident of the City of Rittman who organizes those events, which have been used around the region and the Rittman Recreation always seems to have a good turnout for the wrestling. Lapehn advised he believed there were over 200 people who turned out for the event in July. He advised people were spending money hand over fist at the concession stand and he was sure some bought gas or Burger King on their way out of town so that was something to be said for our rec center bringing folks in (to Rittman). Lapehn complimented Garrick (DiSalvo, Director) on the good work he was doing there (rec center). He advised there were over 50-60 kids in the pool today who were from the Great Oaks Bowling League (Wadsworth). He advised throughout the winter there was a homeschooled group from Wadsworth Township and Chippewa and such using our center one day a week for their PE requirement. Lapehn advised Garrick has seen that it was made available to them and was bringing more and more people into the community through that venue. He complimented all those involved with the good things that were happening at the recreation center. Lapehn requested they bring back the Seneca Street garage abatement and indicated he would like a chance for it to be reconsidered.
Council Member Darrell Carey thanked everyone for coming and those who were still in attendance for staying so long. He advised regarding the chipper truck he felt it was a good investment for the city and would be used a lot in the future. He advised he knew the list tripled from the first to the second month they offered this service.
Boggs advised they had over 80 customers that signed up this last time and it took three days to complete. He advised the word was getting around so they have a pretty big mulch pile. Boggs advised they have decided to use some of the mulch in our parks next spring, but they were getting so much of it they may consider selling it or giving it away, whatever Council wanted to do with the excess mulch.
Council Member Lynn Beaumont advised he agreed with Lapehn that the Sleepwalker Festival/Parade was really good. He advised he felt the director was a “ball of fire” and did a very good job. Beaumont advised he felt they all knew from the City Manager’s Memo that he has a lot on his plate right now, but maybe we could add weeds, junk cars and sidewalks to his list. Beaumont advised we have been talking about fixing our streets and sidewalks. He advised regarding sidewalks he felt they needed to send a message by telling people they were serious about enforcing the ordinances already on the books. Beaumont advised people want to fix up their properties and if they know the city is behind them to enforce our laws he felt that would go a long way towards building a working relationship with the community.
Council Member James Johnson thanked everyone for coming. He congratulated now Captain Kyle McDonald of the Fire Department on his promotion.
Council Member Glen Russell had no remarks.
Council Member Charles Copley echoed Councilman Johnson’s congratulations to Kyle McDonald. Copley advised regarding income tax forms, as he liked the idea of not spending the money for postage to send them out. He advised based on personal experience he didn’t like the format that was currently on the city website. Copley advised he felt if they could have it in a pdf it would be cleaner for a download and even better if they could make it a form to fill out online and send it in.
Boggs advised he was sure they could do a pdf, but he didn’t know beyond that and he was looking at some alternatives for our website. He advised he didn’t know if any of them have seen the new police department website, but they have a different format and the guy who helped them offered to help him with the city’s site, but he indicated it wouldn’t be until the fall.
Carey advised he felt a pdf file would be good enough.
Boggs advised the tax department would be sending out reminder cards.
Copley advised the other item, as he sees the EMS Chief was present although the Fire Chief was not, regarding the Fire and EMS merger and he didn’t know where he or anyone else stands on that (issue), but if it makes sense from a cost standpoint or other standpoints then maybe they should look at it. He advised he just didn’t know where he stands (on this issue).
EMS Chief Andy Baillis advised basically the discussion was when they were looking at cost saving measures for Council and Chief Sweigert and he asked themselves was there a cost saving to it and there was no yes or no answer to that question. Baillis advised they were a rarity in this area that they were a third (police, fire, EMS) service compared to most fire departments who provide EMS. He advised it has been what the city has known for the last 25, 26 years. He inquired was there a way they could save money by combining and advised it was maybe the way to look, but whether this would happen…who knows. Baillis advised it was just something they wanted to seek Council’s impression as to what direction they wanted to head.
Boggs advised if we form a committee he would like to have at least one Council Member on it if anybody would like to volunteer.
Mayor William Robertson congratulated Cindy (Finance Director) on the successful audit and he thanked here for all her hard work.

a. Approval of Vouchers 49082 thru 49286 Including Then and Now
Certificates
Questions were asked regarding #’s 49088, 49116, 49128, 49183, 49211, 49227, 49234, 49259, 49171 and 49172. Johnson moved to approve, all Yeas on roll call and motion carried.

Motion to Adjourn – 9:34 p.m.
Russell so moved, all Yeas on roll call and motion carried.