Rittman City Council Met in

A Regular Meeting

on Monday, April 26, 2010 at 7:00 p.m.

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

Members Absent:  Lynn Beaumont

Presiding:               Mayor William Robertson

Invocation was given by: Ezra Caynor, Elder followed by the Pledge of Allegiance.  

Approval of Minutes – April 12, 2010

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

 

Workshop

a.      Discussion from a Representative of the Wayne-Holmes Mental Health &

Recovery Board Regarding a 1.5 Mill Levy Request on the May 4 Ballot – Issue 12

Judy Wortham Wood, Executive Director of the Wayne-Holmes Mental Health Recovery Board gave a brief overview of Wayne County’s Issue 12 for a 1.5 Mill Levy on the May 4^th ballot. She urged voters to get the word out regarding funding for such organizations as The Village Network, Catholic Charities, STEPS at Liberty Center, The Counseling Center, Every Woman’s House, Christian Children’s Home, Your Human Resource Center and the Mental Health Coalition. Wood advised 95% of all levy money would go directly to these agencies providing services. She asked for support on May 4^th to help save families and help troubled children. Wood advised the levy funds if approved would provide shelter and counseling to battered women; support families coping with job losses, marital difficulties and addictions; help troubled children become solid citizens; and help older adults who are suffering from grief and depression. She advised the funds would help offset a 30% cut in state funding compounded by an increasing demand in a bad economy, and stabilize services until 2017. Wood thanked Council for their time and advised she appreciated their consideration of support on Issue 12 at the ballot.

b.      Discussion on the Sidewalk Improvement Program

City Manager Boggs advised he was given direction to try to come up with a sidewalk program for the City of Rittman, as he believed it has been discussed for years and it never got off the ground. He advised it was a major project and there were a tremendous amount of areas of the city that did not have sidewalks. Boggs advised he put together everything he could find currently in the ordinance book regarding sidewalks from a computer search. He advised they have the basic format to do something similar what Wadsworth and Barberton were doing with their sidewalk programs. He advised Rittman currently has ordinances in place, which allow the City Manager or his designees to enforce sidewalk repairs. Boggs advised the problem they ran into was what to do about areas where sidewalks are nonexistent that should have been installed when the subdivisions were created. He advised he asked the Law Director to provide in ordinance format his recommendations to Council should they wish to adopt something. Boggs noted this was only a starting point and could be changed as Council saw fit. He advised one of the recommendations he made was that once a subdivision was 70% completed and the lots have been sold sidewalks should be installed within two years from the date of purchase by the property owner whether there was a structure on the lot or not. Boggs advised the Council Clerk pointed out to him today that the Planning Commission passed a policy (6/2004) and one portion of that policy reads: “Sidewalks must be installed at the time the house was constructed or 24 months from the time the final plat was approved”. He advised a policy might be a little harder to enforce than an ordinance. Boggs advised he felt one of the problems, should Council decide to institute a program, was the availability of funds. He advised if we do a program similar to Wadsworth’s and ask for installation or replacement of sidewalks, the city was limited to the number of sidewalks that could be done a year due to the availability of funds. Boggs advised he believed the city could allocate approximately $50,000 to start off this program if Council desires. He advised the sidewalk replacement on Fairlawn Ave. cost approximately $32,000 and was both sides of the street and some tree cutting involved. Boggs noted he didn’t know offhand the actually linear foot of the project. He advised he was trying to prepare Council that if they adopt a program, and quite frankly he felt they should, that when people complain because they were assessed and not another in town yet it was because they could only implement a certain number of sidewalk repairs at a time. Boggs advised it would take time to get through the whole city with the dollar amount the city would be able to allocate towards this program.

Workman advised years ago there was a sidewalk program in place. He advised Council at that time started with Ohio Ave as there were a lot of areas without sidewalks and they caught an awful lot of flack. Workman advised at the time the biggest complaint was asking why the city didn’t take care of the sidewalks at their own properties first. He advised the city had a lot of sidewalk at that time that needed repair. Workman advised if they do get this (program) going they were going to have to look in our own backyard first.

Boggs advised there were sections of city property without sidewalks.

Hanlon advised he felt it would be good to make all the city residents aware if they were going to be affected some time in the future. He advised he liked the idea of doing it one area at a time and $50,000 doesn’t go very far and if they choose an area on city property then most or all of the money would be used for our own cleanup.

Rick Shreve of Winkler Drive advised he was in agreement that the whole city should have sidewalks. He advised one of his concerns was his vacant lot and having to tear up a perfectly good sidewalk when he builds and paying for it twice and that was his only personal opposition to completing his personal sidewalk. Shreve advised he felt if they decide to do this they should be careful to be consistent and uniform throughout the whole program. He advised with regards to the city owned areas, the city would not recoup any of those funds so, they would have to charge wisely on which direction they wanted to take. Shreve inquired of Council if it was there goal to complete the whole city. He advised he felt if they were going to attack (the issue) they needed to attack the whole city. Shreve indicated he understood it was impossible for the city to finance such a project for the whole city all at one time. He advised his biggest concern was that the city remains consistent and uniform throughout the program and he wished them luck with choosing where to start. Shreve advised it would be a challenge in how they were going to write the ordinance so they could follow through with it because it would be easier to not follow through and eventually some of the Council Members may have left their position before the project was completed. He advised he not only has a vacant lot on Winkler Dr., but there were not sidewalks at his home on the Krabill Rd. side, his mother has no sidewalks and his oldest son has no sidewalks in front of his house. Shreve advised his concern was that by the city limiting what could be improved at a time due to limited funding he felt they might have to explain to property owners why their area was chosen before another and he felt they should be careful in what they select.

Fred Rastorfer of Louise St. advised his pet peeve has always been no sidewalks on Home as he considered it a main area and not a side street. He advised there were many children forced to walk in the street and while he would like to walk his dog in that area if a car comes along he was in the grass.

Mayor Robertson advised Home Street was pretty much no sidewalks in the whole area.

Russell advised he didn’t know how they would install sidewalks on the one side as the telephone poles were in the way. He inquired about the grant the City Manager was trying to secure for this area.

Boggs advised they were still working on (the grant application) and he indicated they would probably know more by the fall as to whether or not the grant would be awarded to them for this project. He advised the one source they were hoping for grant funding from doesn’t appear to be a (viable) option right now, but they were looking for other options. Boggs advised after the Salt Street waterline replacement was completed the next area for waterline replacement would be Home Street and they are hoping to include sidewalks as part of that project.

Shreve inquired if there were specifications for sidewalks, as he knew some areas were 5’ (width) and some were 4 ½’ as well as distance from the street and so forth. He related a story of sidewalks not matching up when new ones were installed abutting existing sidewalks, as some were closer to the street than others. Shreve advised he felt those specifications should be in the ordinance.

Boggs advised it was 5’. He advised if Council wished to adopt a program they probably have to go out for bids to see what kind of pricing we could get on linear feet of sidewalk installation (at a bulk rate). Boggs advised they could ask the residents/owners on a first come first serve basis for those interested in doing said repairs on a voluntary basis using the city’s better price. He advised the city currently hauls away the existing concrete for anyone replacing a sidewalk at no charge regardless of who does the installation. Boggs advised he didn’t know how many volunteers would come forward.

Hanlon inquired if they could specify what type of concrete could be used. He advised not all concrete was the same and he would hate to see someone use Quikrete as it wouldn’t last.

Boggs advised anything could be specified in the ordinance language, but he believed there were some requirements.

Lapehn advised in a perfect world we would all have wonderful sidewalks and no weeds and level ground. He advised Mr. Shreve stated it in the perfect way when he said he wanted to see how Council was going to attack this (issue). Lapehn advised he felt if they attacked this that the attack would be coming right back at us. He advised to him it was a political will thing as much as anything and he didn’t know how many years it would take and if any of them would still be seated here by the time the sidewalk program in the City of Rittman would come to a conclusion. Lapehn advised he didn’t know what kind of swath of area he could say they were going to attack, but he would suspect they would be talking about sidewalks during Citizens Forum at every meeting for how many meetings until the sidewalk program would end. He advised he knew that when they put in the development by the recreation center, the property owner who lives directly across from the center was told to complete the sidewalk along his side property line because the city requires such and they came to Council and explained their position and his impression was the city looked like an inexpensive folding chair when the city said they didn’t want the grief or the bad press and decided not to worry about enforcing such. Lapehn advised when the newspaper writes an article about the city sending a bill to residents for $600-$700 for sidewalk repair in front of their house and he inquired if that was what they (Council) wanted to do and if they were ready for that (to happen). He advised he liked nice sidewalks and it never going to be the right time for everyone, but was it something they (Council and City Officials) were willing to (deal with if implemented). Lapehn advised new sidewalks do make a difference and people notice how nice they look, but were they ready for the political will.

Workman advised he felt it was needed and he had the political will and he could take it (the criticism). He advised there was a lot of it when he served on Council before and he said then that what was good for one was good for all. Workman advised when his term was up then the sidewalk program quit and all the other programs that he helped get started quit including when a subdivision was ¾ complete sidewalks, street and curbs were to be (installed). He advised now he was being told it was never on the books, but it was.

Russell advised he agreed with what the gentleman (Shreve) who spoke was saying, but at the same time he remembers the controversies and the arguments from the people who were forced to put sidewalks in, but if he had a new home he couldn’t wait to have a new sidewalk for the home and for the city. He advised also if we start this (program) rather than just picking certain sections he felt they should (repair) the bad sidewalks of the city first and he indicated there should be no grandfathering. Russell advised he felt the program should be citywide that they shouldn’t just pick and choose, but it should be everyone treated equal and fair. He advised it does run into a political recourse and he could imagine this place (Council Chambers) being full and he could see a lot of name calling and so forth and it was going to get hot. Russell advised he didn’t really know why as a sidewalk was an improvement and if they have a bad sidewalk they should get it repaired.

Robertson advised it sounded like two issues. He inquired if they were talking about repairing sidewalks or installing new where none exist.

Russell advised he felt it should be both if they were going to do a section of town at a time. He advised first they should do the repair of the old sidewalks and after that he felt they should force the other issues. Russell advised also at the same time as a suggestion maybe those on Council who don’t have sidewalks could be first and set the example for the rest of the residents.

Hanlon advised he felt they needed to fight this battle and they may fill this room with standing room only similar to when they were trying to choose a City Manager. He advised he didn’t feel anyone would come arguing that they would be replacing a good sidewalk, but rather they would be hearing from those who use the sidewalks and for most of them it was a safety issue. Hanlon advised he didn’t see how someone could complain about (being made to comply) with their safety. He advised he liked Boggs’ suggestion to ask for volunteers from those who have hazards and wish to get it taken care of and maybe phase 2 would be to have the city service director comb the sidewalks for (dangerous areas). Hanlon advised he has seen some areas where the sidewalks were almost overlapping each other.

Russell advised and at the same time there were people with good sidewalks who walk the street (because of the other poor sidewalks where they walk) and people say why do we have sidewalks if everyone walks on the street. He advised sometimes when driving around you have to wait for (pedestrians) to get out of the street.

Lapehn advised if they were going to do this he would like to see a comprehensive plan that would have three readings over the course of three meetings so people could have input and start the program and see it through from beginning to end. He advised his feeling would still be that in a year and a half there still might be a couple people who may take seats on Council based on their opposition to the sidewalk program and run on the basis that they would say they were going to stop the sidewalk program so elect him/her. Lapehn advised if they were going to go ahead and do it he would like to see a big enough view that the quadrants of the city were specified and in what order they would be (made to comply with the sidewalk program) one by one over the next ten years and here we go. He advised he would be afraid after we repair the bad sidewalks we would stop and say it was a good idea back in the ‘70’s and in 2010 and do it again in 2025.

Workman advised it was the same with the waterline on Rufener and Overlook, but the bids came in under the engineers estimate and they put it in and have had no problems with the line.

Bobby Warren of the Daily Record advised one of the things he didn’t fully understand was the $50,000 that the City Manager discussed. He inquired if it would be a pool of money to be used for (sidewalk replacement/installation) of the residents and they would in turn repay the city or it would be assessed on their property taxes.

Boggs advised if they adopt the program similar to Wadsworth and Barberton the city would target certain sidewalks. He advised in the other programs the property owners were given the choice of doing the work on their own or having the city do so. He advised if after a time there was no response the city could opt to do it at the city’s cost upfront and then it would be assessed on property taxes (if not paid directly to the city by a certain time frame). Boggs advised hopefully the funds would (be replenished) for re-use, but $50,000 doesn’t go very far.

It was noted, none of that money was matching funds where the city would pay a portion of the cost.

Boggs advised Council could adopt whatever program they wished, but if they install sidewalks along city property at Grandview Park it might use all $50,000 none of which would be reimbursed/replenished. He advised he agreed maybe they should start with the very worst sections of sidewalk in the town. Boggs advised this (subject) has been discussed since he served thirty years in the police department about doing some sidewalk enforcement. He advised at one point he had an officer walk the streets and log the areas where there were bad sidewalks. Boggs advised to his knowledge they have never written letters asking people to fix the sidewalks because maybe they would.

Hanlon advised the city had an ordinance that says the city manager could do so.

Workman advised he (the city manager) needed someone to back him up.

Hanlon advised he felt the biggest stumbling block Lapehn was talking about was if someone new would be on Council in two years and run on the fact that they want to stop Rittman’s new sidewalk plan and that was possible. He advised in his opinion the biggest stumbling block would be if the city ran out of finances and then the program would stop. Hanlon inquired if they could see if it could be budgeted year after year for a sidewalk program.

Rissland advised yes. She advised it would compete with the streets and she felt the $50,000 if they were talking about 25% of the income tax going into the capital projects in the capital improvement fund would probably allow for $50,000 every year. Rissland advised they were going to have to count on the assessments that would be coming back into it and probably grant monies. She advised they might apply for CDBG monies and get funding for the low to-moderate-income (LMI) areas, as anything like that would be helpful. Rissland advised maybe they could talk to the schools as far as safety for students walking to school. She advised there were different avenues they could look into.

Hanlon inquired if there was $50,000 started in the plan and the city spent such on sidewalks to be assessed to the property owners, how long would it take for that money to be back in the pool. He advised if it were five years the city would get 20% back per year.

Rissland advised yes basically, as some would pay it up front. She advised some of it was the timing of the sidewalk program if they order people to fix their sidewalks it was going to have to be during a time where they could actually fix them, which would overlap construction season. Rissland advised if they ordered them this year soon then it would be next year before they could do the program and then they have to certify the assessments to the county by the second Monday in September and if they miss that date they had to wait a whole other year. Rissland advised they have to start with when it had to be certified to the county and work backward and they had to give people a thirty-day payment period so they were talking about some time in August at the very latest to pass the assessment ordinance and they would wait over a year to get anything back.

Russell advised there was an economy crunch and they would probably be putting a burden on some people.

Hanlon advised that’s the reason he liked the suggestion where the city looks at the worst sidewalks, as it might be a slab here and a slab there rather than saying they were going to start at a certain point in the city and work through the city, as that could be a burden on anyone who many own two or three different lots.

Boggs advised if they adopt the ordinances there would be three readings and the citizens would have input. He advised he and the Service Director could try to come up with a comprehensive plan about where they would begin and end. He advised it was going to take a long time with that little of funding. Boggs advised they wouldn’t be doing the entire city at once and they would get some negative input, but he felt they were looking at very few sections a year with that amount of money. He advised in his opinion he didn’t feel it would be a large outpouring from the people because the city couldn’t afford to do it all at the same time citywide.

Russell inquired as to how Smithville got their grants to put in sidewalks.

Boggs advised they have had grants to put in sidewalks and have been doing so for years with CDBG funds at about $32,000 a year. He advised they decided to switch and use the funds for LED street lighting. Boggs advised the streetlight program would be implemented this summer and be in a section of town that should cover N. Main St. and a section of streets to the east. He advised and they hoped to do a second section of town with the $34,000 expected this year. Boggs advised the plan was to use it for streetlights, as there were a lot of complaints, but they could switch back to using the funding for sidewalk replacements in LMI areas and those areas would not be assessed for their sidewalk replacement.

Workman inquired if we start a program where we repair existing sidewalks could the city get a price quote from a contractor at a better rate than if the property owner hired them on their own.

Boggs advised if Council approves the changes to the ordinance, his recommendation would be to add the section where you can’t paint or add chemicals to the sidewalk or change colors or make it stand out in the neighborhood and the other section would be to support the planning commissions current policy. He advised he would recommend reviewing those tonight and he would work on a comprehensive plan and see if they could get a quote for a bulk rate for sidewalk installation, as the city already hauls it away for the residents then they would have a better idea if they could really start a sidewalk improvement program. He advised he could send out enforcement letters and he believed most cities were replacing the sidewalks and assessing the property owners. Boggs advised over the years they have talked a lot about sidewalks, but he didn’t feel they have ever really done anything about it.

Hanlon advised a property owner on Ohio Avenue replaced the sidewalk on his own and it looked nice and it was definitely needed.

Robertson advised the steps would be to adopt the new ordinances and working on a comprehensive plan and then possibly bidding out the concrete work and advertising to see if people would want to do their sidewalks at that reduced price.

Boggs advised maybe they could pick a section and send out letters and see what kind of response they receive.

Robertson advised maybe if it was publicized people would volunteer to have their sidewalk installed or replaced at a better price.

Russell advised maybe they could ask for volunteers to be first in the program.

Hanlon advised maybe people weren’t aware that the city would come and remove the old sidewalk at no cost to the residents.

Lapehn advised there was a good feeling citywide with the gas aggregation and the electric aggregation and now they could have a concrete aggregation program. He advised he believed a contractor would receive significant work and if it were at a decent price for the homeowner maybe a 1/3 less than if they contracted on his or her own he felt there would be some interest.

Robertson advised he could say something in his article and see what kind of a response was received.

Boggs advised most of the properties on Home Street were rentals and they were making an income off of those properties and it would improve these properties. He indicated if anyone had any ideas for the program he suggested they contact him.

Robertson advised they could have another workshop at the next meeting.

c.       Discussion on the Disposal of City Property – 62 Brookside Blvd.

City Manager Boggs advised this property was just the start as it was the first house (razed) under the Neighborhood Stabilization Program (NSP). He advised the property was in the floodway and it would take a lot of money due to the floodplain regulations to be able to build on it so it wasn’t feasible that anyone would be doing so. Boggs advised the city also torn down a house on corner of Seneca and College Streets and the problem they were running into was maintaining these properties now owned by the city and we just don’t have the manpower. He advised he would like to vacate these properties similar to an alley that the city no longer uses. Boggs advised if the abutting property owners were interested and would be responsible to pay for the survey and the legal expenses involved he thought it might be a good method of disposal. He advised he would hate to advertise for bids, as that was very expensive and he was doubtful they would receive any bids on property located in the floodplain. Boggs advised he was seeking Council’s direction on what they wanted to do with these properties. He advised there would eventually be properties on Salt Street, Hillside Drive, etc.

Hanlon inquired if there was any interest from the abutting property owners.

Boggs advised he sent a letter to the abutting property owners of 62 Brookside Blvd stating his idea to see if there was interest. He advised one was an elderly lady who was not interested and the other was definitely interested in receiving the lot.

Workman inquired about the gas pipe sticking up in the middle of the lot (Hillside).

Boggs advised the city owns the lot and they maintain it, but the State of Ohio has agreed to take care of any issues with the gas vent.

Workman clarified he was talking about Brookside. He advised it looked like a house gas connection that was sticking up in the middle of the lot.

Boggs advised there shouldn’t be as that was supposed to be leveled off, but he would take a look at it. He advised everything was disconnected at the street. Boggs advised it settled quite a bit and he would be contacting the contractor to do some leveling, as it would be tough to mow. He advised he hasn’t made contact with any of the other abutting property owners at the other sites, but he was told there were (abutting) property owners interested in the lot at College and Seneca. Boggs advised he was waiting to make contact until he knew what direction Council wanted to take.

Russell advised if these property owners accept the parcels they would be put on their tax base.

Hanlon inquired as to what was needed from a legal standpoint.

Law Director Bower advised they could get around the auction requirement if they would develop a plan of urban renewal. He advised if he has language for such a plan and once the plan was adopted the city could sell the lots without the bidding process and the cost of advertising and so forth.

Russell inquired if they wanted to give it away because it was in the floodplain and they couldn’t build.

Bower advised if they wanted to do so, but they had to have an urban renewal plan in place. He advised the city has $76 invested in Brookside and if someone offers the city that amount they could have the lot (with the urban renewal plan). Bower advised they really could not vacate the lot like an alley or a street because alleys and streets are dedicated public ways, as the abutting owner would own to the center of the street subject to the right of way. He advised therefore it was logical when the street or alley was vacated it was halved to the abutting owners, but these lots were never dedicated right of ways. Bower advised to halve it, they had to survey and split to have it creed to each abutting owner, which was more expense to get rid of basically a worthless, unbuildable lot in the floodplain.

Boggs inquired if they develop a plan of urban renewal would it be proper to put in the plan before just giving the land away that the city first accept formal bids.

Bower advised language for an urban renewal plan needed to be created and Council adopts the plan and the city would be good to go. He advised then they could sell or donate the land and it was a legal mechanism to unload the lot.

Boggs indicated he was mainly talking about lots in the floodplain where the structure was demolished under the Neighborhood Stabilization Program.

Hanlon advised there were houses built in the floodplain and he didn’t see why that lot wouldn’t have value to someone even if it was $3,000-$5,000.

Bower advised it would have to be at a pretty high grade (elevation), but it was feasible.

Russell inquired about how the house on College and Seneca was built (in recent years).

Boggs indicated the floodplain regulations weren’t as stringent at that time and FEMA recently passed new floodplain regulations in 2009. He advised the Department of Natural Resources forced them to adopt minimum standards for building in the floodplain.

Lapehn advised he felt urban renewal sounded like a good mechanism the city could explore.

Robertson agreed and advised especially if the abutting landowners would be the new owners, as they would probably want it for yard/garden and a larger lot for future resale. He advised it sounded like there was some interest.

Robertson inquired if Council was in agreement to pursue the urban renewal plan.

No opposition was stated.

Citizens Forum

            Fred Rastorfer of Louise Street advised most were familiar with the traffic light at the intersection of Sunset and Main (facing west on Sunset) going up the hill at Burger King. He said if the lead vehicle isn’t pulled up to the line the signal doesn’t know they are there. Rastorfer advised if you are three cars back and the first car wasn’t up far enough the signal was not going to change and they sit there and sit there. He advised a simple sign that says, “pull up to the light bar to activate signal” would solve the problem. Rastorfer advised it would save a lot of aggravation and he requested a sign, as he felt it was a good idea.

            Council discussed the ongoing issue that has been brought to their attention previously.

            The City Manager advised he would talk to the Service Director and see what could be done to solve the issue.

Old Business

            a.         Ord. No. 7595 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Amending Section 991.10 (f) Interment Fees and Declaring an Emergency. Second Reading. Ord. No. 7595 was read on second reading. Lapehn moved to place on third, all Yeas on roll call and motion carried.

New Business

a.                   Proclamation – Arbor Day

Mayor William Robertson proclaimed Friday, April 30, 2010 as Arbor Day in the City of Rittman and urged all citizens to support efforts to protect trees and woodlands and to support our City’s urban forestry program.

City Manager Boggs advised the city plants a few trees every year to keep our Tree City USA status and the City Service Director handles the tree planting with the Boy Scouts.

b.         Res. No. 7599 A Resolution of the Council of the City of Rittman, Ohio, to Adopt the Solid Waste Management Plan for the Stark-Tuscarawas-Wayne Joint Solid Waste Management District and Declaring an Emergency. First Reading. Res. No. 7599 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. Res. No. 7599 was read on second and third reading. Carey moved to adopt, all Yeas on roll call and motion carried.

c.         Ord. No. 7600 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Amending Section 171.53 Vacation Leave and Declaring an Emergency. Three Readings. Ord. No. 7600 was read on first reading. Workman moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried. Ord. No. 7600 was read on second and third reading.

Lapehn indicated the Exhibit “A” should be designated more clearly.

Hanlon inquired as to the current policy for part-timers. He inquired if they get vacation.

Boggs advised part-timers don’t receive benefits. He advised there was an exception to that (rule) as the police department has two dispatchers that were classified as permanent part-time and they get 32 hours a week guaranteed by contract and they receive paid vacation.

It was noted, the new calculation would be a certain number of hours per pay versus the full vacation amount at the start of the following year.

Carey advised the chart was stating if the city has someone who works here six months they would have a week’s paid vacation even if they quit.

Boggs advised yes, they earn it as you go.

Carey advised in the chart under full years service it states 1-5 / 80 hrs paid vacation and he inquired if it shouldn’t be 0-5 years.

Carey moved to amend exhibit A under years of service it should say 0-5 instead of 1-5, all Yeas on roll call and motion carried.

Hanlon inquired if the chart continues after 20 years.

Boggs indicated the paid vacation max was 200 hours at 16-20 years.

Rissland inquired if they would like a + sign after the 20.

Hanlon indicated it should be clarified, as it appears they receive no paid vacation after 20 years.

Boggs advised they could put 16+.

Hanlon advised he was ok with that.

Hanlon moved to amend exhibit A under years of service it should say 16+ instead of 16-20, all Yeas on roll call and motion carried.

Workman moved to adopt as amended, all Yeas on roll call and motion carried.

            d.         Ord. No. 7601 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Amending Section 521.06 Duty to Keep Sidewalks in Repair and Clean, to Create an Additional Section of the Codified Ordinances of the City of Rittman and Declaring an Emergency. First Reading. Ord. No. 7601was read on first reading.

            Lapehn advised it looked to him as if this were a targeted ordinance, which he doesn’t care for and he inquired if the present sidewalks that may be discolored or purposely mis-colored would be grandfathered. He also inquired if this would include children who use chalk on the sidewalk and it doesn’t rain for two weeks and he understood it was silly, but the sidewalk would be changed from its original color and it could be a site-“able” offense. Lapehn advised the targeted sense of this ordinance doesn’t sit well with him.

            Workman advised the chalk wouldn’t change the sidewalk permanently.

            Lapehn advised he knew the rain would come and wash it away, but anything that would make the sidewalk or apron a color that varies from its original color.

            Workman advised he believed you couldn’t consider it the natural color when rainwater runs down and changes it a rust color, but there was nothing they could do about it. He advised he felt what the ordinance was referring to was painting or staining or something like that which wasn’t natural.

            Lapehn advised he has a neighbor who has a (sealant) on their driveway and it was a little darker than the natural cement color.

            Hanlon inquired if they did the apron or sidewalks.

            Lapehn advised yes, they did the whole thing from the garage out to the curb. He advised it looked great, but would that be a discoloration of the sidewalk. Lapehn advised he would imagine a judgment call would be that they would never be sited. He inquired if there was a problem elsewhere in the community other than the one property in question.

            Boggs advised not that he was aware of.

            Hanlon inquired if this replaces 521.06 (b) then what would happen to the current 521.06 (b) currently in the ordinance, which states the penalty for violating the section. He inquired if the penalty section would automatically move to (c).

            Bower advised yes, it would default to (c).

            Lapehn inquired if there has been any contact with the homeowner to ask if he would remove the paint.

            Boggs advised he was responding to what he thought Council wanted from previous conversation.

            Lapehn advised he didn’t care for it and he felt it looked…it was wrong.

            Hanlon advised he didn’t care for the paint either and he would be supportive of this (ordinance). He advised he felt passing it to second reading certainly wouldn’t hurt anything. Hanlon advised they might get a bunch of objections or get no objections at all.

            Lapehn advised he would ask if this moves on to second reading that the City Manager speak to the property owner in question and ask for justification for a painted sidewalk.

            Hanlon advised he could invite him to the next Council Meeting.

            Russell inquired if the sidewalk was painted or just the driveway.

            Hanlon advised the approach, the entire sidewalk and the driveway. He advised he hated to say that target was a bad word, but he would hate for a dozen of these cases to show up and now we could pass an ordinance because he was no longer a target.

            Lapehn advised he understood and they didn’t want someone who may be an Indians fan to paint a Chief Wahoo on their sidewalk or big Rittman Indian mascot or a big Ohio State Buckeye.

            Carey advised the ordinance doesn’t say you can’t put it on your driveway.

            Hanlon advised he felt it could be considered a hazard.

            Workman advised it distracts (motorists) going down a hill and they look over.

            Hanlon advised when it was raining someone could slip and fall.

            Russell advised it would be (the property owners) responsibility if someone fell.

            Hanlon advised he felt it was their (Council’s) responsibility to say they couldn’t do that (paint the sidewalk).

Carey moved to place on second, upon roll call; Lapehn-Yes (subject to the city manager consulting with the homeowner), Workman-Yes, Hanlon-Yes, Russell-No, Carey-Yes and motion carried.

            e.         Ord. No. 7602 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Amending Section 1135.04 (e) Standards, and to Create an Additional Section of the Codified Ordinances of the City of Rittman and Declaring an Emergency. First Reading. Ord. No. 7602 was read on first reading.

            Hanlon inquired if this would effect existing subdivisions where the city manager could send a letter and ask them to install sidewalks or would they be grandfathered.

            Bower advised it would affect them (existing subdivisions).

            Hanlon advised he would like it specified as to some type of concrete used and a minimum of 4” of as not all concrete was the same.

            Boggs advised they would work on getting some (standard).

            Hanlon advised the language in the ordinance could say according to city specifications.

            Boggs advised he could check to see if that has already been addressed.

Workman moved to place on second, all Yeas on roll call and motion carried.

City Manager’s Remarks

            City Manager Larry Boggs had no remarks.

Finance Director’s Remarks

            Finance Director Barbara Rissland had no remarks.

Council Remarks

            Council Member Bill Workman thanked everyone for coming.

            Council Member Glen Russell advised he appreciated the comments from the audience members. He inquired of the City Manager regarding “Charlie’s Puddle” if there was a way to move the water so it didn’t become stagnant and he suggested a small aerator.

            Boggs advised there was no electric at the site, but his ultimate goal was a lighted fountain and he put the word out to the service organizations and was hoping one would volunteer to do it for a service project. He advised he believed there was electric at the site at one time.

            Council Member Rick Hanlon had no remarks.

            Council Member Richard Lapehn thanked Bobby Warren for the good article about our Recreation Director, Garrick Di Salvo and advised he (Warren) did a wonderful job and it was a good article. He advised he would like the Council President to request an Executive Session at the next meeting for the purpose of discussing personnel issues for the review and consideration of compensation for the City Manager and the Finance Director in light of the other employees receiving a two percent raise due to the sufficient carryover balance. He advised he felt they owed it to them to at least review and discuss it whether or not a two percent cost of living increase was given.

            Council Member Darrell Carey had no remarks.

            Mayor William Robertson advised there was also video to the article on Di Salvo on the daily record website that was pretty entertaining and fun to watch. He advised Di Salvo has a link to the article on his Facebook page as well.

a.       Approval of Vouchers 53032 thru 53110 Including Then and Now

Certificates Questions were asked regarding #’s 53043, 53045, 53061, 53089, 53106 & 53108. Workman moved to approve, all Yeas on roll call and motion carried.

Adjourn: - 8:55 p.m.

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

________________________________Mayor

__ ______________________

Clerk of Council