Rittman City Council Met in

A Regular Meeting

on Monday, February 8, 2010 at 7:00 p.m.

Members Present: Rick Hanlon, Glen Russell, Richard Lapehn, Bill Workman and Darrell Carey   

Members Absent:  Lynn Beaumont and Mayor William Robertson

Presiding:               Acting Mayor Darrell Carey

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

Approval of Minutes – January 25, 2009

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

Workshop

a.                   Discussion of a Property Maintenance Code

City Manager Boggs advised Council was provided a revised version of Orrville’s Property

Maintenance Code and he would recommend Council form a committee and go through it piece by piece. He advised he believed there were two Council Members interested and he would recommend police and fire representatives and a couple citizens and possibly a couple businessmen where they could have a few quick meetings and knock it out in a month or so and bring it back to Council with their recommendation. Boggs advised if they were to adopt something similar to Orrville’s code, they would also have to adopt chapters regarding other issues especially nuisance procedures. He advised he wasn’t aware, but the City of Rittman had apparently adopted the Ohio Building Code in 2005. Boggs advised however Council wanted to proceed was up to them, but he would recommend a committee so as not to bog down the meetings with workshops.

            Workman advised he would like to see a committee and he would like to be on that committee as well, although he knew Beaumont and Hanlon wanted to serve on such a committee.

            Boggs advised he didn’t know if there was any rule that you couldn’t have 3 Council Members on a committee, but if there were 3 Council Members they would have to declare it a Council meeting.

            Workman inquired if they would include the fire chief and the police chief on such a committee.

            Boggs advised he would like a representative from the fire department, whether it was the chief or his designee and he believed the police chief has stated he would be available to serve.

            Workman advised we needed such for the enforcement issue as we could set up the ordinance, but the departments needed to be able to explain it to the public and he believed there would be less problems that way.

            Boggs advised most of the projects that he has been involved with of this magnitude have had committees and it would still be brought to Council with their recommendations.

            Hanlon advised he wasn’t opposed to forming a committee and he would like to be on such a committee. He advised he was available Mondays and Wednesdays.

            Carey inquired if Boggs has already spoken to some people about serving on said committee.

            Boggs advised Mr. Ken Park has been attending the Council meetings and has heard a lot of the discussion and he felt Mr. Park would be a good candidate to represent the citizens. Boggs advised Rosie Blanton has wanted to serve on a committee regarding property maintenance and heard we might be forming such a committee and volunteered to serve.

            Russell advised he didn’t have any objections to a committee, as he would like such rather than have people tied up in a Council meeting. He inquired as to why they were so “gung-ho” on copying Orrville’s ordinances. Russell advised we are Rittman and why were they doing what Wooster or Orrville or Wadsworth was doing. He advised they (Rittman) had codes that concerned property maintenance and if something needed to be changed he would say change it, but he didn’t see why they should copycat Orrville’s ordinance.

            Workman advised he didn’t feel that was the reason, but he felt in checking with several areas and when we get done it will be Rittman’s and not Orrville’s.

            Russell advised he understood what they were doing, but he felt they should (enforce) the ordinances they have presently. Russell inquired as to what was wrong with going through Rittman’s “Charter” and doing the property codes that we have and if something needed to be done in that rather than copying these (Orrville’s). He advised at the last meeting it was said to let Kevin verbatim copycat Orrville’s maintenance code. Russell advised he looked through (Orrville’s) and he looked through (Rittman’s) and he really didn’t know what the problem was. He advised he knew they had some problems enforcing some things that wasn’t in our code, but it wasn’t the code in itself it was the politicians in Wooster and until they get Wooster changed he felt it didn’t make any difference what they write as it has to go through the court in Wooster and they would “flip it out” just like everything else.

            Workman inquired if he was talking about going through the court or if he was now saying they were copying Wooster.

            Russell advised no, that what he was saying was what they have in Rittman wasn’t enforced regarding some problems they had with properties in Rittman. He advised they tried to enforce it, they tried to go to court, but our prosecutor threw it out and he believed they threw it out twice. Russell advised he felt until they get some changes (in Wooster) it didn’t matter what they write.

            Workman advised he felt it was (thrown out) because we didn’t have enough teeth in our ordinance.

            Russell advised he felt they just didn’t have the right person there (Wooster) and that was the whole problem.

            Lapehn advised we do have a code that addresses many of these issues, but he didn’t feel it addressed all the issues and it doesn’t address them in a manner that all of the issues were right here in this kind of a format. He advised he felt they would have a little more strike if they turned to the courts again and had something that had been tested in court and been used by other communities to prove (our case).

            Russell advised he didn’t have a problem with the committee looking at other cities ordinances or their property code, but he couldn’t see us copying any particular city’s ordinances.

            Hanlon advised what the city (Rittman) has in its chapter 13 basically references the building code, a little bit of fire code, etc and what he was proposing and what other cities have done in addition to what they have is creating a property maintenance code. He advised we couldn’t expect a prosecutor to enforce something having to do with maintenance if we don’t have a code for it. Hanlon advised the codes we have were codes that had to be followed to build the structure and then they have to maintain them and we couldn’t expect the prosecutor to enforce codes we don’t have written yet.

            Russell inquired as to what was the problem, did we have codes, when we tried to enforce some issues.

            Boggs advised there were some problems, one was with a property maintenance code there were nuisance type problems and we have some ordinances that were very similar to ordinances Orrville has on their books right now, but the problem was it refers to the Wayne County Building Code and not Rittman ordinances even though it was in our ordinance book, it refers to that section as a Wayne County Building Code, which no longer exists. He advised even if we keep the (rule) in tact they needed to be referenced to the Rittman ordinances, similar to what Orrville has done. Boggs advised secondly, they have had some problems with casework, but the majority of the problem has been that the prosecutor’s office has been somewhat reluctant to take on cases. He advised he met with one of the assistant prosecutors along with a Rittman officer who was having problems with weed enforcement and they worked out some of those issues. Boggs advised sometimes it takes a little more effort with a meeting and sometimes it depended on whom you get. He advised he was told once by a prosecutor that it was a civil case and to tear the structure down, which he would never do without a court order. Boggs advised there have been problems with the court system, problems with case preparation and there have been problems with the way the ordinances were written.

            Workman advised he read in the paper that Orrville had a big problem with maintaining rental units with junk on the properties and such. He advised (Orrville) put “teeth” in their ordinance and went to court and won. He advised the property owner, the landlords were upset because they were ultimately the ones responsible for the cleanup.

            Russell advised he felt they should just let the committee “hammer it out” before they bring it back here (to Council).

            Discussion included who would serve on the committee.

            Boggs indicated if three Council Members were on the committee they would have to call it a Council Meeting.

            Workman advised a gentleman on Overlook indicated to him that he had an interest to serve on the committee.

            Boggs advised he would contact (this person) to confirm such and he would try to find another businessperson to be on the committee and try to set their first meeting date and go from that point.

            Boggs advised he researched the “tent garages” as requested and after talking with Orrville, Wooster and Wadsworth they have not observed such in their cities as of yet. He advised Wadsworth said they would handle such as an accessory structure and Council was provided Rittman’s accessory regulations in their packet. Boggs advised we (Rittman) could handle such as accessory structures and they would be allowed, but they would be required to be in the rear of the property (to meet zoning setback regulations). He advised we could enforce it now as an accessory structure if that was Council’s wish, but if Council wished to identify these structures specifically they would be treading on new ground.

            Workman advised he felt if they could get by with it for right now that would be all right, but he felt they should get something that was going to regulate it pretty close, unless they felt what we have was adequate.

            Discussion included the known location of several of these structures in the city.

            Russell inquired if they were parking their cars (under such structures).

            Workman advised yes, some had cars parked in them, but (his concern) was the safety issue as he felt they weren’t the best things to have pop up all over town as a strong wind storm could blow them around and they could do quite a bit of damage. He advised he believed one wrapped around a small light pole.

            Russell advised they probably didn’t have it secured.

            Workman advised they don’t have them secured when they were in their driveways either.

            Discussion included some that were previously located in a front yard or driveway and beside an existing garage as well as the backyard.

            Workman advised the complaint he received was the person didn’t like the looks of them and didn’t feel they should be popping up all over without us being able to control it and he agreed. He advised it was also a safety issue if they weren’t anchored somehow, but we don’t have any regulations stating they had to be anchored.

            Russell inquired if (these property owners) have been asked to anchor them because he felt if start enforcing things and getting hard nosed about things, but we needed to be reasonable with the homeowners. He advised they most likely have those for their cars to put them in, but they needed to be reasonable.

            Workman advised he wasn’t trying to be hard nosed and he agreed they needed to be reasonable. He inquired if Mr. Russell would like to have one next door to him and have it blow over.

            Russell advised if it were secured he wouldn’t have a problem.

            Boggs advised that (how an accessory structure was anchored) was enforced by Wayne County (Building Dept).

            Russell inquired if the city asked them to secure it.

            Workman inquired as to why he should have to ask someone to secure something like that.

            Russell advised you go ask somebody and eventually the word would get around when they get one (portable carport) and it would be secured.

            Workman inquired if that was what they were going on just letting the word go around.

            Russell advised he would much rather do that than be hard nosed about it.

            Workman advised he wasn’t trying to be hard nosed, but he was trying to get something regulated to where we would have some continuity and also have it safely. He advised if not they might as well let them put an addition on their garage, as he felt it was the same thing.

            Russell advised he felt that was extreme.

            Workman advised there was one now with the canopy up and now it had sides on it.

            Russell advised they didn’t think it was any of your business seeing what was inside.

            Workman inquired if that was what it was, Glen.

            Russell advised you made a statement at the last meeting and that was exactly right, Bill.

            Workman inquired as to what he said.

            Russell advised him to read his own minutes.

            Workman advised he did and to show him where it says that anywhere. After a moment, he advised now you don’t want to discuss it.

            Russell advised he wasn’t going to argue.

            No further discussion.

Citizens Forum

            Rosie Blanton of S. Main St. advised she would like to discuss regulations and zoning and starting enforcement. She advised she felt we needed a comprehensive zoning book that was uniformly applied. Blanton advised she felt the city doesn’t have enforcement and needed a booklet to let people know what was permitted and what was not permitted. She advised she felt that would be the way to start because as she sees it the city does not have enforcement or a comprehensive zoning book. Blanton advised if there was a small booklet the residents could pay $5 or $10 to get or when they move into town it would let them know what was allowed.

            Council Member Lapehn advised before (Blanton) arrived they were discussing a property maintenance code and forming a committee to rework and review a potential property maintenance code for the City of Rittman and spend a few weeks on it before bringing it back to Council in order to have a good book to work from as you suggested.

            Blanton advised she has an Ohio Revised Code book and a township book, but she didn’t have one for the city because also had to adhere to state regulations.

            Law Director Bower advised the city has adopted the Ohio Building Code because Wayne County forced them to since Wayne County adopted the Ohio Building Code and Wayne County enforces such code for us and to continue to enforce such in Rittman they had to adopt the Ohio Building Code and did. He advised so when it comes to Ohio Building Code issues, that was the answer. Bower advised zoning is purely local and there was nothing in the revised code on zoning issues, as it was our ballgame. He advised as stated, in addition to the basic Ohio Building Code and zoning, a property maintenance code was being considered and perhaps Council adopting after a committee look at what some other towns have done in submitting something.

            Blanton inquired as to what kind of enforcement did we (Rittman) have. She advised after going through the process she inquired as to who was going to enforce.

            Boggs advised zoning falls under the city manager’s responsibilities or his designee.

            Russell advised if they (adopt) a property maintenance code he felt the responsibility of the police was to protect the public and keep the criminals away from their homes and they (police) were busy enough without having to do something regarding property (maintenance). He advised if they had to appoint someone else or whatever, but he felt the police department shouldn’t have to do it unless they were really having problems with the property owner and then they (police) would come in.

            Blanton advised she understood that some people have different tastes and they couldn’t change that and (this code) would have to concern the health and wealth fare and property values of neighbors.

            Russell advised he has had too many arguments over the past years over property maintenance and these were some of the things they argued about years ago and he didn’t want to go into the deep details on some of those issues.

            Blanton advised she understood they couldn’t enforce bad taste, but they could enforce health, wealth fare and property values.

            Russell advised it had to be done right to begin with.

            Hanlon indicated there was a copy of the proposed property maintenance code on the reporter’s table for her information as a committee member.

Old Business -None

New Business

a.                   Ord. No. 7592 An Ordinance of the Council of the City of Rittman, Wayne

and Medina Counties and State of Ohio, Amending Chapter 993.01 of the Codified Ordinances, Rates and Declaring an Emergency. First Reading. Ord. No. 7592 was read on first reading.

Russell advised over the past several years they have raised rates for snow removal, tree removal, passed a Fire and EMS levy, raised the sewer rates. He advised in the police department, EMS department, street department, water department and the administration at the last budget were all asked to freeze wages because we didn’t have the money. Russell advised when the budget was originally reviewed it appeared as if there was no money there, but it appeared to him and others that if the city really needed something, then all of a sudden they could find money to do it. He asked his fellow Councilman to really think about this (ord.) tonight. Russell advised he has always supported the EMS and he felt it was not right. Russell advised he felt if they really wanted to do something they should look at the unemployed and the senior citizens in Rittman and try to do something for them. He advised there were people working for minimum wage and they were having a difficult time whether you want to believe it or not they were and he felt they were going too fast with the way the economy was going right for us to be continuing to raise these rates.

Carey inquired as to how long has it been since they raised the rates for this service.

Russell advised since 1985, but the EMS Chief also stated the insurance companies would pay it and he felt insurance rates would increase for the individuals.

Boggs advised we haven’t provided the hospital-to-hospital transport in the past because private transport companies currently handle most of those claims and the proposed rate was slightly less than what a private transport company would charge. He advised they would not probably not be using (such service), as he wouldn’t pull a squad out of service to do a hospital-to-hospital, but should we (be prepared to handle such a call) they wanted to recoup more than just a measly $100 the chief wanted to get the same rate as the private transport were receiving.

Workman advised that part had not changed since EMS was (founded) in Rittman.

Russell advised he understood that, but he (EMS Chief) didn’t say there was a need he just wanted to do it because other people were doing it. He advised the levy passed and the public has been very supportive of the Fire Dept. and the EMS Dept., but just raising fees because you want to raise it, he just didn’t believe in it. Russell advised if the economy was good he would say fine, but he felt now was not the time to be doing these things. He advised to go ask the people what they could afford.

Workman inquired if (Russell) had insurance.

Russell advised yes I do.

Workman inquired if he pays for it.

Russell advised yes I do.

Workman advised so does he and he was also working a minimum wage job. He advised what he was trying to say was if you have insurance the insurance was going to cover the costs and the fees haven’t been raised since EMS was (instituted). Workman advised the insurance was going to pay it if they have insurance and if you don’t have insurance many times they don’t pay, as there were $160,000 in uncollected charges because of indigent people. He advised the city wasn’t pushing them for it and were trying to help.

Russell advised he didn’t feel it was trying to help them when they raise prices.

Workman advised for them to compare apples to apples and look at it real good.

Hanlon advised he had a problem with the language in section (b) (1) where it specifies $8 for transported mile would be charged and then it goes on to state that residents of the city would receive up to $5 credit for a hospital other than Wads-Rittman and up to $8 resident credit. He advised he would like to remove the words up to.

Hanlon moved to place on second as amended (removing the words up to), upon roll call; Russell-No, Carey-Yes, Workman-Yes, Lapehn-Yes, Hanlon-Yes and motion carried.

            b.         Res. No. 7593 A Resolution of the Council of the City of Rittman, Ohio, Authorizing the Municipal Manager, to Pay the Assessment for the Rittman Community Improvement Corporations Portion of the East Ohio Avenue Paving Project. First Reading. Res. No. 7593 was read on first reading.

Russell inquired as to how many feet they were talking about at this location. He inquired if it was from Industrial St to the entrance.

He was advised yes.

Hanlon advised it was his understanding that previously there was not a bill sent to the CIC (for this property) because the city did not bill for roads that did not have curb and gutter.

Boggs advised that was what previous Council policy was, but on this particular assessment project that was not the case.

Hanlon inquired if it was still Issue 2 money.

Boggs advised historically Council has not assessed properties that didn’t have improved streets. He advised we recommended and Council approved with this (project) that the entire length of the project be treated equally due to our financial situation. He advised it had nothing to do with Issue 2 funds.

Hanlon inquired if it was only on this paving project.

Boggs advised so far, yes.

Hanlon inquired if the standard chip and seal were approved for assessment.

Boggs advised no, as that was part of the city’s normal maintenance.

Workman moved to place on second, upon roll call; Carey-Yes, Hanlon-Yes, Russell-Abstain, Workman-Yes, Lapehn-Yes and motion carried.

            c.         Motion to Place Justin Daubenmire to Paid Status on the Rittman Fire Department Lapehn inquired if these two (candidates on the agenda) bring the total to 30 on paid status.

            Workman advised there were 33 on the department, but 30 paid status.

            Carey indicated it was because some were coming off of paid status.

            Fire Chief Sweigert advised one resigned and one retired and was staying on with the department on non-paid status.

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

            d.         Motion to Place Steve Hunter to Paid Status on the Rittman Fire Department

            Russell inquired if this was the person who there was a question as to him living outside city limits.

Sweigert advised it was.

Russell inquired if they have had any problems with him answering the calls and so forth.

Sweigert advised not at all.

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

City Manager’s Remarks

            City Manager Larry Boggs advised the last directive he had from Council regarding attending training seminars out of state be approved prior. He advised he didn’t have all details as yet, but possibly our Utilities Director Metcalf would have opportunity to attend training session on utility management in Louisville, KY. He advised if so Metcalf has a place to stay and would not be costing the city any lodging fees. Boggs indicated if the opportunity presents itself, it would be before the next Council meeting and he would like to obtain permission now to attend a conference out of state. Boggs advised the current city sewer jet was a pre1989 model and on it’s last leg and were quite expensive and various manufacturers of this type of vehicle would be present as well workshops he could attend on various topics regarding utilities. He advised this was a large conference that would be well attended and was a two-day event.

            No objections were voiced be Council.

            Boggs advised there were a couple of letters from a resident in The Post that he felt were somewhat misleading on the quality of our water and Mr. Metcalf put a response in the paper and Council was provided a copy in their packets. He advised Recreation Director Garrick Di Salvo has been working hard on forming a Teen Center and has received some donations. Boggs advised the recreation center had a new concept and were trying to set aside a corner area strictly for teens equipped with computers and a small lounge. He advised it was a new concept they were going to try and the community so far was responding positively and hoped to get started with it real soon. Boggs advised he felt the street department did an outstanding job for the amount of snow and blowing and drifting we received over the weekend. He advised the crews were out all night Friday night attending to the roads. Boggs advised even though most of us had to dig out of our driveways after that was accomplished he felt there was a fairly decent roadway to drive upon. He advised when going outside of town he felt there was a very noticeable difference with the road conditions than in town and they did a great job.

            Workman inquired as to how the contract was coming with the Apostolic Home regarding the sewer line.

            Boggs advised the city received the report from the home’s engineer and the city’s engineer reviewed it and found some minor issues and it was sent back to the home and the city has not received a response as yet. He advised one of the issues were regarding telemetry and they city is requesting a device installed that will communicate with our lift station to their lift station so they don’t pump at the same time causing a pressure problems on the forced line. Boggs advised the Apostolic Home was given a list of items that were concerns from our engineer and the ball was in their court and we were waiting on their response before things could be finalized.

a.                   Approval of Financial Report for January

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

Finance Director’s Remarks

            Finance Director Barbara Rissland advised the auditor’s were in this past week and spent most of week working on preliminary details and they would be back in March and finish up in June. She advised things were looking fine. Rissland advised she and the City Manager would be meeting with department heads this week to start on the five-year capital plan.

Council Remarks

            Council Member Glen Russell thanked everyone for coming. He advised maybe there were some issues brought up that people didn’t really want to hear, but he felt he has been through a lot of arguments regarding property maintenance years ago. Russell advised he appreciated those who came and invited them to come back. He thanked the workers for their efforts this past weekend (with the snowstorm). He advised the discussion between Bill (Workman) and him he felt was friendly and they were disagreements and not arguments.

            Council Member Richard Lapehn inquired as to why the approval of the financial report was prior to the Finance Director’s remarks. He advised it seemed odd to him to have the approval of the report and then ask for her remarks afterward.

            The clerk advised that part of the agenda format was not changed when the Finance Director was given it’s own agenda number.

            Lapehn advised he felt it made more sense to have the Finance Director’s Remarks first so comment could be made referencing the financial report prior to its approval if necessary. He inquired of the city manager regarding the streetscape grant if there was any word.

            Boggs advised not yet and he believed the final invitations would be sent out the first of March, if they make it that far. He advised their preliminary was done, but if they were invited to submit a secondary application in March, they would have more time. Boggs advised they had to have a preliminary letter of intent to ODOT to give them notice that we would like to apply for the grant. He advised the document would be reviewed and if they felt it was a viable project they would invite us to submit a secondary application.

            Lapehn inquired if Mr. Amstutz or Mr. Carmichael know of anyone they could speak to favorably of the fine people of Rittman. He inquired if they knew anyone at ODOT.

            Boggs advised he could try.

            Lapehn advised regarding the VA Cemetery claiming they were double taxed and he inquired as to what municipality were they already paying taxes.

            Boggs advised that was a generic statement by one of the administrators when they met with them that they felt they were double taxed. He indicated they lived in another city and was objecting to paying tax where they work as well as where they live as the city they live in does not give them credit for what they pay where they work.

            Lapehn suggested Council President have an executive session at the next meeting if a good number of Council Members were present to review our financial directors contract. He advised six months has almost passed since they voted Barbara Rissland in and it was time for Council to have their six-month review at the next meeting. Lapehn advised the recreation director advised him over 220 people attended the event Saturday night thanks to the good snow plowing in the parking area and a way to get into the center for the big wrestling match. He advised there was a lot of food sold and he was thankful for the good plow work and the work on part of the recreation center crew that made the evening possible. Lapehn advised it brought people into town and hopefully and hopefully they stopped at Burger King and the gas stations and looked at the shops downtown and thought they might like to come back to Rittman another time.

            Council Member Rick Hanlon inquired if they could use the recreation center (community room) as a meeting room (for the property maintenance code committee) rather than Council Chambers.

            Boggs indicated it should be no problem as long as it was not already rented out on the date of the meeting.

            Hanlon thanked everyone for coming. He advised he wanted to mention that the former Scoutmaster of Troop 405 recently stepped down and he thanked Ken Mann for stepping up and agreeing to be the new Scoutmaster of Troop 405.

            Council Member Bill Workman thanked everyone for coming. He thanked the city employees for doing a wonderful job with the snow removal through the snowstorm. Workman advised he hoped the people would come back (to future meetings) and they don’t always argue.

            Acting Mayor Darrell Carey thanked everyone for coming. He advised he attends the recreation center quite a bit and Garrick (Di Salvo) was really doing a good job and he felt the teen center was going to be a positive. Carey advised it would be good when the new school was completed so there would be more parking available.

a.       Approval of Vouchers 52566 thru 52620 Including Then and Now

Certificates Questions were asked regarding # 52596, 52582, 52597 and 52603. Lapehn so moved, all Yeas on roll call and motion carried.

Adjourn:  8:07 p.m.

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

________________________________Mayor

__ ______________________

Clerk of Council