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

Appointments

a.                   Motion to Appoint G. Kevin Bower as Law Director-One Year Term

Johnson so moved, upon roll call; Carey-Yes, Copley-Yes, Russell-Abstain, Beaumont-Yes, Lapehn-Yes, Johnson-Yes and motion carried.

b.                  Motion to Appoint Barbara J. Brooks as Clerk of Council – One Year Term

Russell so moved, all Yeas on roll call and motion carried.

Oaths

a.                   Law Director-G. Kevin Bower-One Year Term

b.         Clerk of Council-Barbara J. Brooks-One Year Term

The oaths were administered by Mayor William Robertson

Approval of Minutes – November 10, 2008

Beaumont moved to approve, upon roll call; Carey-Yes, Copley-Yes, Russell-Yes, Johnson-Abstain, Lapehn-Yes, Beaumont-Yes and motion carried.

Workshop

a.       Discussion of the 2009 Boards and Commissions

Mayor Robertson noted vacancies on the following three boards or commissions and advised if anyone was interested in serving to please provide their name for consideration and subsequent approval.

·         Fair Housing Board

·         Shade Tree Commission

·         Community Improvement Corporation

Robertson noted nominations would be taken later in the meeting to appoint the Council Representatives to various boards as required.

b.      Discussion of Section 153.07 of the Codified Ordinances Regarding the Fire

Chief’s Salary Johnson moved to remove this item from the workshop and go into executive session at the beginning of new business, as this was a personnel issue, all Yeas on roll call and motion carried.

c.       Discussion and Review of Sewer Rates and History in Conjunction with the

Request from the Apostolic Christian Nursing Home

Council was provided with a sewer cost analysis.

Copley indicated the biggest concern he had was the fee scale for cost per thousand gallons after the minimum was well below the actual cost for service. He advised he would rather see the increase in the other tiers of the fee scale than to increase the sewer rate across the board. Copley indicated this was the reason he requested figures for the number of residents charged in those different tiers and how it would impact the city.

Finance Director Mann advised she was open to suggestions, as this was the beginning of the review.

City Manager Boggs indicated the city doesn’t have a good preventative maintenance program, but has been able to only do emergency projects in recent years.

Discussion included if there was a way to determine problem areas in the sewers without televising.

Utilities Director Metcalf indicated the infiltration system by televising the sewers was vital to accurately locating problems. Metcalf indicated they have used flow meters in manholes to measure the infiltration, but it could not pinpoint specific problems.

Mann advised the sewer plant was approximately 17 years old and pumps and motors were starting to need repaired or replaced and there was significant costs coming out of the sewer surplus fund.

Johnson indicated with regards to the nursing homes request at a rate of 110% would be $237,600 for 15 years and at 125% it would be $270,000 for the next 15 years for a total of $507,600 for 30 years plus the $100,000 upfront tap-in fee. Johnson compared the 200% over 30 years at $864,000 and indicated the city would lose out on $256,400. Johnson advised he wasn’t in favor of 100% or 200% for the entire term, but suggested a fluctuating rate beginning at 100% and gradually increasing every five years hitting the 200% rate at year 21 for a total of $684,000 over a 30 year period for a difference of $76,400. He advised the city would still be losing $286,000 if we were to charge the full rate. Johnson advised based on the projections for 2010 the city could be short $600,000 and he didn’t feel this was the time to start giving up money and disagreed with allowing the highest rate charged to be 125%. Johnson indicated his figures did not include a tap-in fee.

Copley advised initially he thought it was a large expense for the nursing home to undertake, but indicated if they factor in 160 units/people it was basically the same as what a city resident currently pays for sewer service at approximately $20-25 a month. Copley indicated his concern was if they allow the discount of 125%, which brings the cost to $9-15 per (nursing home) resident meaning those outside the city would be essentially paying less for sewer service than the residents of the city. Copley advised he was not in favor of reducing the rate from the current legislation.

Russell advised he had a concern with how much would be charged for future tap-ins for others outside the city along this line and inquired if an engineer’s study has been done to determine if the 4” line was sufficient. Russell indicated he had a problem with charging residents outside the city a lesser fee than what the city residents were paying.

Metcalf indicated the sewer plant was operating at 1/3 of its maximum design capacity in answer to a question from Johnson.

Maletich indicated if the nursing home provides $100,000 tap-in fee it was his understanding those funds could be used to acquire grant monies the city wouldn’t be able to otherwise. Boggs clarified matching funds were usually required before a grant could be awarded or accepted. Maletich advised theoretically they could obtain more grant funding. Maletich clarified that of the 75 nursing home beds, 26 of them were semi-private rooms and they were only talking about 1 toilet and 1 sink for 2 people in those double occupancy rooms and he felt it wasn’t a fair comparison.

Copley added that even by dividing the 75 by 4 it would still be less than the city rate. Copley indicated Autumnwood was inside the city and were charged the city rate and were not treated differently as a nursing home facility.

Maletich reminded Council they were a not-for-profit organization and they help to care for the needs of the senior population and he felt their reputation precedes them when asking for this type of consideration.

Metcalf advised a 4” line was adequate for the nursing homes facility. He advised they would have to determine if it would be beneficial to increase the size based on projections for future use and what the EPA would allow. Metcalf agreed the 4” line would be more than adequate to cover the maximum amount of discharge from the nursing home in answer to a question from Lapehn even if the nursing home expanded noting this was a preliminary estimate. Metcalf also noted a smaller line installed would be limiting future growth for the city and the EPA would have requirements and our engineers would look out for the best interests of the city.

Lapehn indicated he didn’t see a lot of potential for income for the city for tap-ins between the nursing home and the city limits and he didn’t see any landowners in that area choosing to develop a large-scale development in the next 50-60 years. Lapehn advised he was looking at the merits of it based on the nursing home and what the residents of the city would receive for income as an extension of the sewer line and he felt it was a fair deal.

Maletich advised a resident receives Medicaid when they have exhausted their financial means in answer to a question from Lapehn, but you could not tell a difference in their care. He advised they try very hard to control costs and he felt it was very commendable. Maletich advised the homes population comes from the Wadsworth-Rittman area as a whole. Maletich indicated he sees a need for assisted living or Alzheimer’s expansion in the future in answer to a question by Russell, but advised they couldn’t make plans for anything until this sewer issue was resolved. Maletich indicated he didn’t see the neighboring properties tapping in anytime soon.

Metcalf indicated they would need to replace an existing sewer line under the railroad tracks on S. Main St. before any proposed construction for this sewer extension could be done in answer to Johnson’s question. Metcalf noted it was inherent they fix the existing line under the railroad tracks regardless.

Johnson reminded Council if this sewer line was installed to the nursing home, properties owners along this route would be forced to tap-in should their septic systems fail, as a sewer line would be available according to EPA regulations.

Pete Hessidence spoke as a former Acting City Manager and a former Council Member and current resident at the apostolic property and he indicated he didn’t see why there were a lot of qualms about passing this ordinance, as the city was short of money and they would receive $100,00 upfront with this request to invest or use as they see fit. He advised the city needs money and this was a chance to make money and he didn’t know what they were waiting on.

            Discussion included the cost of installing a 4” commercial line and if outside the city was charged double the cost. Metcalf noted the tap-in fees were for maintenance and future expansion of the sewer plant. Metcalf also noted the city negotiated a separate contract with Caraustar for their large flow.

            Copley wondered if Council would consider this request if the $100,000 was not being offered. He inquired if it was the right thing to do just because they were offering $100,000 upfront opposed to the normal tap-in fee and collect the money over time.

            Beaumont advised he felt Council empowers the City Manager to negotiate the best deal possible and the $100,000 was part of the negotiation process.

            Hessidence indicated the nursing home was paying for the line to be installed and it would become the property of the city and the city would receive 100% of the tap-in fees and inquired if the city was not willing to concede something for that free line.

            Copley advised the city has the ability to give a prorated charge when tapping into a line.

            Ben Huff of Benner Road inquired as to the cost for tapping into the sewer line as well as the rates per month for sewer service.

            The City Manager and Mayor indicated a guesstimate would be around $3,000 for outside city limits for residential and the monthly rate would be twice as much as those inside the city, which currently was $32.60.

            It was not known the number of houses with frontage on Benner who may be affected by this line in answer to a question from Dave Ramsier, although it was thought to be less than ten.

Citizens Forum

            Rick Hanlon of Olds Avenue advised he was going to comment on the sign on E. Ohio Ave. with the brick flowerbed around it and the decision of Council at the last meeting, but it was so stupid he didn’t even want to comment.

Old Business

            a.         Ord. No. 7518 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Amending Section 1163.05 Vision Clearance in Residential Districts, to Amend this Section of the Codified Ordinances of the City of Rittman and Declaring an Emergency. Third Reading. Ord. No. 7518 was read on third reading. Johnson moved to adopt, all Yeas on roll call and motion carried.

            b.         Ord. No. 7526 An Ordinance of the Council of the City of Rittman, Ohio, Wayne and Medina Counties, Authorizing Refuse Collection and Curbside Recycling Fees. Third Reading. Ord. No. 7526 was read on third reading. Copley noted contrary to an article in the paper they were increasing the rates for refuse pickup as recycling was not covering the increase from Waste Management and the rate was going up $2 to $16 per month per household/per month if this ordinance passes. Carey moved to adopt, all Yeas on roll call and motion carried.

            c.         Res. No. 7527 A Resolution of the Council of the City of Rittman, Wayne and Medina Counties, Ohio, Accepting the Plat of Grant Street and Declaring an Emergency. Third Reading. Res. No. 7527 was read on third reading. Russell moved to adopt, all Yeas on roll call and motion carried.

            d.         Ord. No. 7528 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Authorizing the Municipal Manager to Accept the Lowest and Best Bids for the Furnishing of Commodities for the Year 2009 and Declaring an Emergency. Third Reading. Ord. No. 7528 was read on third reading. Copley moved to adopt, all yeas on roll call and motion carried.

            e.         Ord. No. 7529 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. 7529 was read on third reading. Copley moved to adopt, all Yeas on roll call and motion carried.

            f.          Ord. No. 7531 Annual Appropriation Ordinance. An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, to Make Appropriations for Current Expenses and Other Expenditures of the City of Rittman, State of Ohio, During the Fiscal Year Ending December 31, 2009 and Declaring an Emergency. Second and Third Reading. Ord. No. 7531 was read on second reading. Copley moved to suspend the rules and have third reading, all Yeas on roll call and motion carried. Ord. No. 7531 was read on third reading. Copley moved to adopt, all Yeas on roll call and motion carried.

New Business

a.                   Motion to Go Into Executive Session for the Purpose of Discussing a Personnel

Issue and Include the City Manager and the Fire Chief – 7:53 pm Johnson so moved, all Yeas on roll call and motion carried.

b.                  Motion to Come Out of Executive Session – 8:30 pm

Russell so moved, all Yeas on roll call and motion carried.

c.                   Motion to Consider Compensation for the Fire Chief to Attend a Meeting in

Columbus at the Request of the City Manager for City Business Regarding 34 Hillside Lane Copley inquired if they pay the Fire Chief to attend meetings then what does the salary cover. Copley advised he was leery to vote to give the chief compensation for attending a meeting, as that was part of his responsibility. Beaumont advised the motion was to consider compensation. Copley inquired if they were not enacting anything then why even make such a motion. Beaumont advised he would like additional information and felt they needed to have on the record that compensation be considered. Russell advised he felt the salary covers running the department indicating attending this meeting was in addition to. Copley advised he felt attending meetings was part of running the department. Russell advised he felt it went beyond what the city has required in the past. Copley advised (Sweigert) was required to attend as the Fire Chief and he is paid a salary as the Fire Chief and inquired if the chief’s salary does not cover those activities then what does it cover.

Beaumont so moved, upon roll call; Copley-No, Beaumont-Yes, Russell-Yes, Carey-Yes, Lapehn-Yes, Johnson-Yes and motion carried.

Boggs advised he would bring a bill to the next meeting for consideration.

d.                  Motion to Appoint a New President of Council-One Year Term

Copley advised it has been an honor to serve as President of Council this past year and he moved to nominate Johnson for President of Council.

Lapehn moved to nominate Beaumont.

Johnson advised he believed per the Charter Beaumont could not serve as the Charter states a Council Member must serve two years before they can be President of Council.

Lapehn withdrew Beaumont’s name.

Russell moved to nominate Lapehn.

Mayor Robertson advised when their name was called they should state the name of the person they wished to vote for President of Council.

Law Director Bower in answer to a question advised the nominees could vote for themselves if they wished.

Upon roll call; Beaumont-Lapehn, Lapehn-Lapehn, Russell-Lapehn, Copley-Abstain, Carey-Lapehn, Johnson-Abstain -- and Russell’s motion carried.

Johnson advised he abstained because he was on the ballot and he felt out of respect that was how he should vote.

e.                  Motion to Appoint 2 - Council Representatives to the Firemen’s Indemnity

Board-One Year Term Beaumont moved to appoint Copley and Russell, upon roll call; Copley-Abstain, Russell-Abstain, Lapehn-Yes, Johnson-Yes, Beaumont-Yes, Carey-Yes and motion carried.

            f.          Motion to Appoint a Council Representative to the Recreation Center Board of Directors-One Year Term Russell moved to nominate Beaumont. Copley advised for continuity he would recommend they retain the same and moved to nominate Johnson. Beaumont moved to nominate Lapehn. Copley inquired of Beaumont and Lapehn if they were members of the recreation center. Beaumont advised no. Lapehn advised yes. Copley advised he felt it was in the best interest of the city to have an outside viewpoint as a non-member and he felt Johnson has done a wonderful job this last year, as he was a facilitator in helping to institute the new wellness program and the reason he would recommend him. Upon roll call; Copley-Johnson, Russell-Beaumont, Carey-Lapehn, Beaumont-Lapehn, Johnson-Johnson, Lapehn-Beaumont 2-2-2 after some discussion Law Director Bower advised the Mayor could break a three-way tie. Mayor-Lapehn -- and Beaumont’s motion carried.

g.         Motion to Appoint a Council Representative to the Planning Commission -One Year Term Johnson moved to appoint Copley, upon roll call; Carey-Yes, Copley-Abstain, Russell-Yes, Beaumont-Yes, Lapehn-Yes, Johnson-Yes and motion carried.

h.                  Motion to Appoint a Council Representative to the Recreation & Parks

Advisory Committee – One Year Term Russell moved to appoint Beaumont, upon roll call; Russell-Yes, Beaumont-Abstain, Carey-Yes, Johnson-Yes, Lapehn-Yes, Copley-Yes and motion carried.

i.                    Motion to Appoint a Council Representative to the Utilities & Refuse Rate

Board of Review-One Year Term Johnson moved to appoint Carey, upon roll call; Carey-Abstain, Copley-Yes, Russell-Yes, Johnson-Yes, Lapehn-Yes, Beaumont-Yes and motion carried.

j.        Motion to Appoint 2 – Council Representatives to the Rittman Community

Improvement Corporation – One Year Term Beaumont respectfully asked not be appointed as it was difficult with his work schedule to make the 4:00 pm meetings. Carey concurred and requested the same. Lapehn moved to appoint Johnson and Lapehn, upon roll call; Johnson-Abstain, Russell-Yes, Lapehn-Yes, Beaumont-Yes, Copley-Yes, Carey-Yes and motion carried.

k.         Ord. No. 7532 An Ordinance of the Council of the City of Rittman, Wayne

and Medina Counties, Ohio, Amending Codified Ordinance 941.05 to Increase the Rates for Sewerage Disposal from January 1, 2009 to January 1, 2010 and Declaring an Emergency. First Reading. Ord. No. 7532 was read on first reading. Copley moved to table, all Yeas on roll call and motion carried.

            l.          Ord. No. 7533 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Amending Section 941.05 to Establish Section (D) Sanitary User Charges, to Amend this Section of the Codified Ordinances of the City of Rittman and Declaring an Emergency. First Reading. Ord. No. 7533 was read on first reading. Copley advised his concern was this allows favoritism and gives Council the authority to make an exception and he would prefer the rate be changed in the ordinance for outside city limits and not on a case-by-case basis. Beaumont advised they have the ability to change the current ordinance and he clarified they weren’t saying anything here that they couldn’t with any other ordinance. Carey moved to place on second, upon roll call; Lapehn-Yes, Johnson-No, Beaumont-Yes, Carey-Yes, Russell-No, Copley-No 3-3 Mayor-Yes and motion carried.

            m.        Res. No. 7534 A Resolution of the Council of the City of Rittman, Wayne and Medina Counties, Ohio, Authorizing the Municipal Manager to Enter into an Agreement with the Apostolic Christian Nursing Home for Sewer Service. First Reading. Res. No. 7534 was read on first reading. Russell advised he could not in clear conscience give those outside the city limits a lesser rate than what the residents of the city were being charged. Copley advised given the state of our sewer fund and as an earlier ordinance was tabled because they were looking at raising the resident’s rates and now they were to consider reducing the rate for outside the city and he felt there was something wrong with that as they represent the citizens of Rittman. Copley advised if the sewer fund was well off and the city was able to extend their services at a minimal charge outside he felt that would be different, but to consider raising the rates for residents at the same meeting they were considering lowering it for outside the city he felt was wrong and he urged his fellow Council Members and if need be the Mayor to decline this Resolution. Beaumont advised he felt this was a good business decision for the city and he commended the City Manager for negotiating it on their behalf as they empowered him to do and he felt it made good business sense. Lapehn moved to place on second, upon roll call; Carey-Yes, Copley-No, Russell-No, Beaumont-Yes, Lapehn-Yes, Johnson-No 3-3 Mayor-Yes and motion carried.

            n.         Ord. No. 7535 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, to Create Chapter 739, Tree Removal Contractors, of the Codified Ordinances of the City of Rittman and Declaring an Emergency. First Reading. Ord. No. 7535 was read on first reading. It was noted, the permit was required if the person was doing the tree removal for compensation and not for those neighborly acts. Beaumont advised they were requiring those who were coming into the city to work to meet certain criteria. Lapehn moved to place on second, upon roll call; Russell-Abstain, Beaumont-Yes, Carey-Yes, Johnson-Yes, Lapehn-Yes, Copley-Yes and motion carried.

            o.         Motion to Approve a Conditional Sign Permit Request from Schar Heating & Cooling at 60 Sterling Avenue. Russell so moved, all Yeas on roll call and motion carried.

            p.         A Request that the City Solicitor Draft an Initiative Petition to Repeal Legislation Regarding the Motor Vehicle License Tax Johnson advised he felt the citizens had a right to vote on whether they would have an increase on their taxes and he would like to send it to the ballot.

            Law Director Bower advised he believed Council already adopted that tax.

            Johnson asked that something be drafted up to “un-adopt” it.

            Bower advised he felt it was past the deadline to file a referendum and they would have to do an initiative petition to repeal it.

            Mayor Robertson inquired if that would have to come from Council or a citizen.

            Bower advised Council would need to create an initiative petition to put on the ballot to repeal legislation that was adopted although he finds that to be incongruous, but he would carry out his orders.

            Johnson advised he felt this Council acted irresponsibly the first time around by not giving the citizens a right to vote as he felt they deserved a chance to decide if they should be taxed or not. He advised if Council were considering raising the income tax they would entertain the thought of letting the citizens get a chance to vote. Johnson advised most places let their citizens vote on increasing taxes and for some reason he felt the City of Rittman decided they weren’t going to do that anymore and he felt it was irresponsible of three members of this Council. 

City Manager’s Remarks 

            City Manager Larry Boggs hoped everyone had a great Thanksgiving and he wished everyone a great holiday season. He advised he appreciated working with everybody this year and he felt they accomplished a lot of good things and he was looking forward to working with Council as a team next year although they might have some tough decisions to make. Boggs advised he appreciated Councilman Copley’s leadership, as President this past year, as he was always helpful with direction when he had a question.

a.                   Finance Director’s Remarks

Finance Director Lucinda Mann wished everyone a nice holiday and hoped they have a nice break and would see them again in January.

Council Remarks

            Council Member Darrell Carey thanked everyone for coming. He hoped everyone has a great Christmas and New Years.

            Council Member Glen Russell thanked everyone for coming and hoped they would come back again and he wished everyone a Merry Christmas.

            Council Member Charles Copley thanked everyone for coming. He advised in the spirit of the holidays he reminded everyone that Santa would be at CJ’s Country store on December 6^th from 3-7 pm and to bring the kids and grandkids and get a free photo with Santa and they could tell Santa what they want for Christmas.

            Council Member James Johnson thanked everyone for coming and he appreciates the opportunity to serve on the CIC. He wished everyone a Merry Christmas and a Happy New Year.

            Council Member Lynn Beaumont had no remarks.

            Council Member Richard Lapehn thanked the Mayor and those responsible for working with the schools on the recycling program and advised it was nice to see the schools were going to jump into the program with both feet. Lapehn advised he also appreciated that some of the citizens were engaged in the recycling effort in a big way in helping to bring money back into the city by doing their part for green Ohio.

            Mayor William Robertson thanked Copley for serving as President of Council and his leadership, as he did a good job and he appreciated it and he wished Lapehn good luck in the upcoming year. Robertson advised he voted to support the Apostolic Christian Nursing project and would continue to do so because he felt they needed to support the City Manager when they sent him out to negotiate a contract and (Boggs) did his job and we should support him in that (effort). The Mayor reminded us of some upcoming events such as the Christmas Around the World celebration on Dec 6^th up and down Main Street from 3-6 pm making special note of the ice carving in front of City Hall during that event. Robertson advised Jan. 29^th would be the Wayne County Mayor’s Association Meeting at Rawiga to hear a presentation about regional economic planning and revenue initiatives. Robertson thanked Fire Chief Sweigert for his trip to Columbus and advised his testimony was absolutely critical and felt it played a key part in this whole ordeal (suspected gas well leak under 34 Hillside Lane) and the (Leatherman) family has bonded with the fire chief and he hoped the Fire Chief could continue with his involvement with this difficult situation. He congratulated Chief Sweigert on the seminar “Beyond Hoses and Helmets” held at the recreation center, as there was great representation and it shed a positive light on Rittman. He advised the Salvation Army needs bell ringers if any individuals or organizations were able to help to please contact Pastor Bud. Robertson advised the Christmas basket project kicked off today and was accepting phone calls at the Methodist Church for families in need as well as volunteers to help with organization, creation and delivery of the baskets. He advised the Rittman Safety Services were participating in the food drive in front of the IGA this and the following weekend. Mayor Robertson wished everyone a great holiday season and he thanked everyone for attending.

a.       Approval of Vouchers 49834 thru 49931 Including Then and Now

Certificates Questions were asked regarding #’s 49841, 49862 and 49909. Johnson moved to approve, all Yeas on roll call and motion carried.

Motion to Adjourn – 9:10 p.m.

Johnson so moved, all Yeas on roll call and motion carried.