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

Approval of Minutes – April 13, 2009

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

Workshop

a.      Discussion of the 2010 Tax Revenue Budget

Lapehn advised it appeared they were being extremely cautious with the expectations for

2010. He inquired if any line items were being decreased.

Finance Director Lucinda Mann advised real estate collections were decreased according to

the county auditor’s schedule B, although she wasn’t sure of the reason.

            Lapehn advised the property tax was increased and inquired as to why the city was collecting less.

            Mann advised she wasn’t certain although last year it was estimated lower as well and they ended up collecting quite a bit more. Mann advised she wasn’t sure as to what the thinking was there and she would be requesting an explanation from the auditor. Mann advised with regards to the city income tax she reduced it from the 2009 budget figures basing it more on 2008, as the 2009 collections have not been showing any kind of gain. She advised they were going to really have to tighten things down and she hasn’t begun to look at expenditures, but she had a feeling it was not going to work out real well. Mann indicated this was a good time to begin to look at it, as it was early in the year. She advised what we do this year may make a difference on next year. Mann advised she included some figures for the street assessments for E. Ohio and S. Main and if the project were completed this year it could be sent to the auditor in 2010 for collections. Mann advised she was also working on bonds for the W. Ohio project and the interest amount (for the properties who have not paid in full) needed to be set before being sent to the auditor’s office to be placed on the tax duplicates.

            Copley inquired if the sewer collections were based on the new rates.

            Mann advised yes.

            Copley advised the water collections were left the same.

            Mann advised yes because she didn’t have a concrete figure to base it on and she would rather do it later on.

            No further questions.

Citizens Forum

            Sandra Harding of Beech Street advised she would appreciate something being done about the condition of the road as she has had her tire re-inflated twice while driving on North Main Street when turning off Eastern Road because she has gone into potholes. She advised she has had to take the car to have the tire repaired at least three times recently and she has only been back from vacation since Thursday of last week. Harding advised there was also a big hole on Beech Street right in the middle of the road and she inquired if they could do something to repair it please.

            Acting City Manager Dave Simpson indicated he was making notes and would take care of her request.

Old Business

a.                  Ord. No. 7545 An Ordinance of the Council of the City of Rittman, Wayne

and Medina Counties and State of Ohio, Amending Chapter 941.05 (b) (1) (2) and (3) Sanitary User Charges and 941.05 (b) (6) Rates for Sewage Disposal Service for Users Outside City Limits of the Codified Ordinances. Third Reading. Ord. No. 7545 was read on third reading.

            Russell advised, “I realized that we dropped the one and one half times for the disposal use for outside the city limits, but also at the same time I really can’t see how that they’re going to be saving any money if we raised the rates with the gallons and so forth that we have…so, that’s all I have to say”.

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

b.                  Res. No. 7546 A Resolution of the Council of the City of Rittman, Ohio, to

Provide an Election to Approve a Five (5) Year 2.3 Mil Renewal Levy Effective January 1, 2010 (Calendar Year 2011) and Expiring Tax Year December 31, 2014 (Calendar Year 2015) for the Purpose of Providing Ambulance and Emergency Medical Services and Declaring an Emergency. Second Reading. Res. No. 7546 was read on second reading. Copley moved to place on third, all Yeas on roll call and motion carried.

            c.         Res. No. 7547 A Resolution of the Council of the City of Rittman, Wayne and Medina Counties, Ohio, to Provide an Election to Replace a Five (5) Year 1.0 Mil Levy Commencing Tax Year 2010 (Calendar Year 2011) and Expiring December 31, 2014 (Calendar Year 2015) for the Purpose of Providing Minimum of Twenty-Five Percent (25%) for the Capital Improvement and the Remainder for the Maintenance and Operation of the Fire Department and Declaring an Emergency. Second Reading. Res. No. 7547 was read on second reading. Russell moved to place on third, all Yeas on roll call and motion carried.

New Business

a.         Ord. No. 7548 An Ordinance of the Council of the City of Rittman, Wayne

and Medina Counties and State of Ohio, Amending Chapter 1505.05 Additional Requirements and Restrictions on Open Burning of the Codified Ordinances. First Reading. Ord. No. 7548 was read on first reading.

            Johnson advised regarding section one, item three-recreational fires and he inquired how they control the definition of other recreational purposes. He inquired if that would be at the discretion of the fire official or what as he could think of recreational uses other than cooking.

            Fire Chief Don Sweigert advised that (phrase) was added in the 2007 addition of the state fire code as it used to say only food for human consumption or for cooking, but everyone had their package of hot dogs and pretended like they were cooking something so the state added recreational fires which means 3’ x 3’ fire in your backyard. He advised that could be interpreted by any fire officer, but as long as it fell within those perimeters it would be approved.

            Carey advised it states 50’ from a structure and he inquired if the fire department felt that was a necessary distance.

            Sweigert advised this was where it becomes a little “iffy” because the last sentence in section (i) Recreational Fire Size and Duration it states, “A recreational fire shall not be conducted within 50 feet of a structure or combustible material unless it is contained in a structure designed to contain a small fire from spreading”.  He advised and then in section (i) (1) Material it states, “A recreational fire shall comply with division (e) in reference to location of fires”.  Sweigert advised section (e) Location states, “Fires in approved containers shall be permitted, provided that such fires are not less than 15’ from any structure”.

            Carey inquired if a fire pit was an approved container.

            Sweigert advised he said that would be up for interpretation, as he knew some people use cement blocks turned on their sides so you can see the fire through an 8” block and the fire could escape through those holes. He advised if they turn them on their other side it was like your basement wall and then it prevents the fire from getting out.

            Carey inquired if a hole in the ground was enough.

            Sweigert advised no, he believed section (i) stated, “A containment area shall be created by the use of a continual surround of brick, block or other non-combustible surround”.

            Carey advised 15’ from any structure with an approved surround.

            Sweigert advised yes, that would be what he would say.

            Carey advised in driving around town he didn’t see many places where they would have 50’ from any structure.

            Johnson inquired if the Fire Chief was comfortable with 15’ in an approved container.

            Sweigert advised they were going by the EPA regulations, which did not limit the number of feet. He advised you had to remain away from your neighbor’s structure, but you could be right up on your own structures.

            Johnson inquired he didn’t see anything about duration in section (i) Recreational Fire Size and Duration. He inquired if they could have a fire from 10 pm until the next morning.

            Copley advised as long as someone was present.

            Sweigert advised that begs another question of competent person.

            Russell inquired if that would be the owner of the home.

            Sweigert advised he would presume it would be an adult who was not partaking in alcoholic beverages.

            Russell inquired regarding the 15’ and that might be ok or the 50’ from the home, but he felt it was also saying within 15’ of the lot line and there could be the danger of the trees catching fire or doing damage to trees. He advised he felt that needed to be addressed if they wanted to have a bonfire or a recreational fire they should be back far enough so as not to do damage to the other homes or other trees or lawns. Russell advised he felt the air quality should be addressed as well for the safety of the neighborhood. He advised he has seen some bonfires that if they had gotten into some pine trees there would have been “a heck of a good fire” and might have gotten the whole street.

            Sweigert advised this is the reason the ordinance states within 50’ of a non-combustible material as well. He advised he has spoke with other Fire Chief’s who have interpreted trees as combustible materials understanding that pine trees could possibly be more combustible than a maple tree. Sweigert advised as far as air contamination he believed that was why they get it (legislation) states dry seasoned firewood because it would provide cleaner smoke than a freshly cut tree of green limbs. He advised the biggest issue when someone has a fire was when a neighbor was complaining and there was a dispute between them and they get calls every time a neighbor has a little campfire in their backyard. Sweigert advised the fire department doesn’t want to get involved in neighborhood disputes, but certainly they need to enforce to the letter of the law everywhere and the reason the police department could help with the neighborhood disputes.

            Copley advised they didn’t consider that a police officer could enforce this (ordinance) as well and he inquired if the police chief was comfortable with doing so in some circumstances.

            Police Chief Burg advised they have done so in the past and they could decide whether the fire department needed to be called.

            Beaumont advised he would like to know what as to the definition of silvicultural.

            Law Director Bower advised the burning of forests for management purposes.

            Beaumont inquired as to how many citations they have issued for these (open burning).

            Burg advised it was a minor misdemeanor and he didn’t know how many, but he knew of one.

            Beaumont inquired if it was safe to say this was not a major problem in the city.

            Burg advised he would say it was a problem, but he didn’t know if it was a major problem. He advised they go on a lot of calls where they don’t issue a citation as often times after they arrive people comply. He advised they get a lot of calls, but it was not a problem to the extent that they receive numerous calls to the same place or when they are called people comply.

            Beaumont inquired as to what he police chief would classify as more of a problem barking dogs, junk cars or open burning.

            Burg advised in order barking dogs, junk cars and open burning.

            Carey inquired if the majority of the calls were actually for the recreational fire or the noise that goes along with it.

            Burg advised he would say it was due to the smoke (bothering neighbors).

            Sweigert advised the fire department has gone on 24 open burning complaints with most of them being in the month of March and April. Sweigert advised he would recommend the police go out as long as they are available that way they could assess the situation and issue the citations and if it ends up being a hostile fire then the fire department could be called out. He advised any fire outside of the 3’ radius would need a permit.

            Carey inquired of the 24 calls were they mostly due to smoke issues or because of the size of the fire.

            Sweigert advised many of them were when people were burning leaves and they were advised to stop.

Johnson moved to place on second, upon roll call; Johnson-Yes, Copley-Yes, Beaumont-No, Carey-No, Russell-Yes, Lapehn-Yes and motion carried.

Carey inquired if the vote didn’t fall below the 75% needed to pass as it has been discussed previously.

Lapehn advised and Law Director Bower confirmed that to pass on to second reading needed only a simple majority.

b.              Ord. No. 7549 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, 2009 and Declaring an Emergency. Three Readings. Ord No. 7549 was read on first reading. Johnson advised he would like to see Exhibit A before he would feel comfortable with the rules being suspended. Acting City Manager Simpson advised City Manager Boggs expressed in his memo to Council that it would be a 6.2% increase versus the 14% they were expecting and he was sure that would be reflected in the Exhibit A (once available). Finance Director Mann advised it was the same policy with a slight increase. It was noted, if at least five members were present they could suspend the rules for second and third reading at the next meeting, as this legislation needed passed by May 31^st. Russell moved to place on second, upon roll call; Lapehn-Yes, Beaumont-No, Carey-Yes, Copley-Yes, Russell-Yes, Johnson-Yes and motion carried.

            c.         Res. No. 7550 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 South Main Street by Planing and Milling the Existing Surface and Installing a New Asphalt Surface, Altogether with the Necessary Appurtenances Thereto and Declaring an Emergency. Three Readings. Res. No. 7550 was read on first reading.

Johnson inquired exactly what part of South Main Street was included.

Simpson advised there was a bit of a gray area as when (the City Manager) applied for Issue 2 funds and called it the Rittman Through-Street Project defined from the square going east to the city limits on S. Main St. He advised when the estimates came from the engineer’s office they omitted the portion of road from the square to the railroad tracks and included the estimate from the railroad tracks to the city limits in two parts (to Milton Rd and after Milton Rd). Simpson advised when the mistake was discovered the City Manager spoke with Issue 2 and they said we could include from the square to the railroad tracks in the project because it was originally defined as such and the engineer’s estimate was the part that was not correct. He advised it was asked that we bid it as an alternate bid. Simpson advised the main bid would be the railroad tracks to the city limits as well as E. Ohio Ave. from the city limits to the square and an alternate bid, which would include S. Main St. from the square to the railroad tracks. Simpson advised the funding from Issue 2 is available for that project.

Johnson inquired if this project would affect or interfere with the sewer line replacement underneath the railroad tracks on S. Main St.

Simpson advised the sewer line project would be boring under the road and part of the reason they were bringing this legislation tonight was they weren’t able to do anything with Issue 2 funds until July 1^st and they got a phone call last week saying the schedule had been moved up and they would like to see it bid in May and constructed in June if at all possible. He advised they were trying to follow Issue 2 guidelines and spend their money as they would like to see it spent. Simpson advised another issue for passing this resolution was they needed to get the assessment procedure in gear as soon as possible.

Lapehn clarified that the reason for the earlier bid date was due to the current lower asphalt prices.

Simpson concurred and advised when he spoke with Columbus they indicated they wanted to get these projects going because the bids have been coming in really low for the asphalt projects.

Carey inquired if this was something City Manager Boggs would like to see passed right away.

Simpson advised yes.

Copley moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried. Res. No. 7550 was read on second and third reading. Copley moved to adopt, all Yeas on roll call and motion carried.

            d.         Res. No. 7551 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, Altogether with the Necessary Appurtenances Thereto and Declaring an Emergency. Three Readings. Res. No. 7551 was read on first reading. Johnson moved to suspend the rules and have second and third reading, upon roll call; Copley-Abstain, Beaumont-Yes, Russell-Yes, Carey-Yes, Lapehn-Yes, Johnson-Yes and motion carried. Res. No. 7551 was read on second and third reading. Carey moved to adopt, upon roll call; Johnson-Yes, Lapehn-Yes, Carey-Yes, Russell-Yes, Beaumont-Yes, Copley-Abstain and motion carried.

            e.         Motion to Pursue the Grant Application Process to Replace the Dispatch Console for the Police Department from the USDA Police Chief Burg advised this purchase was through a grant from the USDA to replace the radio console in dispatch. He advised the existing console was given a 20 year lifespan and it has lasted 28 years. Burg advised one problem with the existing was it was older technology and when it breaks they can’t find parts to repair it.

            Mann advised currently the USDA is asking for a copy of the minutes or newspaper article, which demonstrates the proposed project has been discussed in public. She advised the cost of the project was going to be $116,867.50. Mann advised the current share from the grant was $40,000 and the balance would be supplied by the city. She advised basically the city would be taking a loan from USDA for 15 years at 4.5% interest and could be paid off early without penalty. Mann advised there was a possibility they may receive some FEMA funds in conjunction with this grant and if that is realized the USDA funds would be reduced to approximately $30,000, but it would be very nice to have two grants toward this project. She advised the bond counsel estimated the life for communications equipment at 15 years. Mann advised an ordinance would be brought for the purchase when the grant was finalized.

            Johnson inquired as to how long they anticipated the 9-1-1 system would be down.

            Burg advised the system would not be down, but it would roll over to Orrville.

            Mann inquired as to how long they thought it would take to get into place.

            Burg advised Orrville replaced theirs last year with the order being placed in March and it was installed in September. It was believed Orrville’s dispatch console was paid for partly through a FEMA grant.

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

            f.          Discussion of the Purchase of a Gator to be used by the Recreation Center for Plowing Snow off the Sidewalks at the Center and to Maintain the Ball Fields.

Johnson inquired as to the cost of this purchase.

Simpson advised he believed it was in the neighborhood of $12,300.

Johnson inquired in the winter when it would be used for plowing purposes would a city union employee being operating this Gator or would it be a recreation center employee.

Simpson advised it was planned to have a recreation center employee (perform the work).

Johnson advised he was worried about the union filing a grievance against that (task being performed by a non-union employee).

Simpson advised he didn’t believe that would be a problem because the recreation center employees have cleaned the sidewalks since the facility opened and they would not be clearing any parking lots with this machine and it has not been a union function in the past and he didn’t see it being a problem in the future.

City Manager’s Remarks

            Acting City Manager Dave Simpson advised City Manager Boggs indicated in his memo to Council that Shredder Day would again be held the Saturday after the Sleepwalker Festival on July 25^th. He advised a commercial shredder would be available behind City Hall from 8:30 am until noon for any residents and businesses of Rittman that would like to bring their documents to be shredded free of charge. Simpson advised it helps in our recycling tonnage and could be credited toward the recycle grants.

            Simpson advised Boggs also mentioned the bids for the new school project came in lower than originally expected and they would be able to install all the roads and parking lots that were proposed originally and a copy of the traffic impact study was available for review if they were interested.

a.       Approval of Financial Report for March

Copley moved to approve, all Yeas on roll call and motion carried.

b.      Finance Director’s Remarks

Finance Director Lucinda Mann advised they would be preparing the amounts to be

sent to the auditor for the W. Ohio Ave. paving project and the interest was not specified in the ordinances, but states as normally would be charged if we had to borrow the money ourselves. Mann advised she believed the last time they did a street assessment it was at 5 percent and she didn’t know where Council wanted to set the percentage rate. She advised if she had to borrow the money through a note it would be at 6.2 percent according to National City Bank, but the USDA loan was at 4.5 percent.

            Copley inquired if historically they have gone with the 5 percent.

Mann advised it has been up and down as she looked at one from 8 or 9 years ago that was 6.5% and she saw one that was 5.5% and the last one was 5 percent. She advised we were not borrowing money, but basically use money that normally would be used for investing.

            Council was in general agreement to go with 5 percent.

Mann advised she would not be at the next meeting due to a presentation that same

night for her husband who is getting an award from scouts. She advised she planned on asking the department heads to be at the Council meeting to answer any possible questions on the tax budget expenditure side. Mann advised they could go over any questions not answered at a later meeting and a motion didn’t need passed until the first meeting in July.

Council Remarks

Council Member Lynn Beaumont advised when the paving was done to W. Ohio Ave. there was an issue about parts of the road being wider in some areas than others and he inquired as to an explanation for residents.

Acting City Manager Simpson advised the resolutions just passed specifically states the city would only assess for a 24’ width and anything over that 24’ width the city would bear that cost.

Council Member Glen Russell appreciated everyone for being here and he thanked them for coming and invited all to come back.

Council Member Charles Copley thanked everyone for coming. He advised with the news that Pontiac was going to be taken away he was wondering as to how that would affect Premier and he requested the inquiry be passed on to the City Manager to see how it might affect Rittman.

Council Member Darrell Carey thanked everyone for coming. He commended Council on passing the sewer (rate) adjustment, as he felt in the long term it would be a benefit to the city.

Council Member James Johnson thanked everyone for coming. He advised regarding parking for the schools use at the water tower property on N. Metzger Ave. and he inquired if that request was approved.

Simpson advised he didn’t know if it was approved by this body but city officials met with school officials, who wish to widen the driveway directly across from North St. to install a second lane and they would need to move the water tower fence over to accomplish such at their expense, and he believed the City Manager agreed that it could happen.

Johnson advised he believed it needed to be a Council decision as it was city property and he felt it would be considered distributing city property.

Beaumont inquired if they knew where the property line was located.

Simpson advised he believed it was the current location of the fence.

Russell advised he didn’t know where the property line was, but he believed the fence had been moved over once before.

Copley advised he knew it was discussed and there were no clear objections at the time and the reason why it was…He advised he felt it was not a matter of the city giving up the land (as the city would still own it).

Lapehn advised the two lanes would allow parking on one side and emergency access on the other.

Copley advised and through traffic.

Johnson advised he felt it should come before Council as he objected to it previously.

Lapehn inquired if he shared those concerns with the City Manager.

Johnson advised he was doing that right now on Council floor about the objection of getting rid of city property as he could think of other uses for it.

Carey inquired such as.

Johnson advised we could get into that later if it comes before Council, but it has been brought up though and he wasn’t for it when it was originally discussed and the reason he asked if (Council) actually approved it or not.

Lapehn inquired if the May 11^th meeting would be acceptable.

Johnson advised sure, we can do it at the next meeting.

Simpson inquired as to what he would like to see prepared.

Johnson advised he didn’t know as he felt they were getting rid of city property in a way. He advised he felt if they don’t actually give up the property (the city) would be responsible for the road because it sits on city property.

Beaumont advised we aren’t giving it away, but giving them the right to use it.

Johnson advised that don’t matter though because the road falls on our property and we would actually be responsible and that’s why he felt they needed to have something in writing designating who is responsible for what.

Copley advised he felt if they could have a letter stating the school would be responsible for maintenance. He advised he felt that would satisfy the request.

Simpson inquired if a letter from the schools would satisfy the request.

Russell advised he felt something from the city such as a letter of understanding stating we were going to let them have that land.

It was clarified use the land.

Copley advised something for Council to approve that way they were all on the same page. He inquired if that would meet Johnson’s requirement.

Johnson advised cool, yep.

Acting Mayor Richard Lapehn advised the date for the second meeting in May would be on Memorial Day. Lapehn advised they could wait and decide at the next meeting at see what was on the Agenda if it would be necessary to hold a second meeting.

a.       Approval of Vouchers 50811 thru 50894 Including Then and Now

Certificates Questions were asked regarding #’s 50879 and 50894. Johnson moved to approve, all Yeas on roll call and motion carried.

Adjournment: 8:21 pm

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

________________________________Mayor

__ ______________________

Clerk of Council