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Minutes
5-10-10
Council Minutes |
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Rittman A Regular Meeting on Monday, May 10, 2010 at 7:00 p.m. Members Present: Richard Lapehn, Bill Workman, Darrell Carey, Rick Hanlon, Lynn Beaumont and Glen Russell Members Absent: None Presiding: Mayor William Robertson Invocation was given by: Sister Joan
Rader, Approval of Minutes – April 26, 2010Carey so moved, upon roll call; Carey-Yes, Hanlon-Yes, Russell-Yes, Beaumont-Abstain, Lapehn-Yes, Workman-Yes and motion carried. Workshopa. Discussion on the Sidewalk Improvement Program City Manager Boggs advised he and the Service Director concur that they should get bids for installation/replacement costs for concrete contractors and ask for volunteers to see if there was any interest from property owners to take advantage of a possible lower rate. He advised with the $50,000 allocated they would only be able to complete 200 linear feet of sidewalk per year. Boggs advised at Council’s request he invited Charles Copley regarding the one ordinance he was concerned about and he yielded the floor to Mr. Copley. Copley of 48 E. Ohio Ave. advised he was present regarding Ordinance No. 7601 and he was concerned as it appeared Council was looking to add to the health and safety sections of the code with a section that limits the color of the sidewalk. He advised he failed to see where the color of a sidewalk produces a non-safe environment. Copley advised he was struggling as he felt the color doesn’t matter and there were commercially available sealers with a tint, which he used and it did not affect the frictional characteristic of the concrete and was not a slip hazard. Copley advised he actually did a test area and there was no slippage. He advised he was really struggling with the purpose as to why they were limiting the color. Council Member Workman advised when driving down Copley inquired if it was distracting to have a black section of sidewalk. Workman advised he didn’t think so because black was not a bright color. Copley advised then it was a matter of brightness and not a matter of color. He advised he admits the colors he chose were bold, but he would not say they were bright. Copley advised he felt it was not Council’s place to dictate to the citizens of Rittman what color they should use. He advised he felt it was Council’s place to dictate anything that affects the public peace, health and safety and anything beyond that belongs in homeowner association bylaws and not in the codified ordinances. Council Member Hanlon advised one thing brought up at the last meeting was what was to prevent someone from painting a Rittman Indian logo or graffiti or anything else they choose on what was really the city right of way. He advised they could run into situations where if the waterline or gas line has to be replaced the contractor would be required to replace the sidewalk to its original condition including the color. Copley advised he personally was ok if the sidewalk had to be removed
for a reason that it be replaced with the original sidewalk color.
He advised he had no problem with that so if that was their concern,
it was not a problem for him. Copley advised as far as logos he
inquired as to how many property owners in the City of Hanlon advised one thing he brought up at the previous meeting since it seemed as if they were targeting a certain location was how many properties have painted sidewalks before they say they were no longer targeting. He advised once the sidewalk was painted there had to be constant maintenance and upkeep, whereas the concrete “color” had no maintenance. Hanlon inquired as to what was a good number. He advised your (Copley’s) business started it and he felt what was on business property was not the issue, as they were not here to dictate good taste, bad taste, but the fact it was on city property was what brought the issue to the table. Copley advised (Workman’s) concern was distraction and frankly (regardless of) how the ordinance goes (pass/fail) his driveway would still remain painted blue. He advised they would not be able to dictate to him what color his driveway was (painted). Copley advised so the distraction, as he (Workman) sees it, would still be there. He advised he could paint all of his property polka dot if he wanted, although he didn’t plan on it, but he felt it didn’t make a whole lot of sense for the codified ordinances to dictate the color. Council Member Beaumont advised he agreed with Copley because the intruding of government into how people want to treat their property has gone way too far. He advised if Copley wants to paint polka dots all over his sidewalk, he has a right to paint polka dots on his sidewalk. Workman inquired if he meant the city’s sidewalk. Workman advised because it was distracting when driving down Council Member Darrell Carey advised not if the driver was paying attention. Hanlon advised it was city property. Carey advised if it is city property then why does the taxpayer have to pay to have it put in. Hanlon advised because the property owner was required to maintain that property. Carey advised if he has to maintain it, then he felt he should be able to do anything he wants to it as long as it was safe and doesn’t cause any problems to anyone who walks on them. He advised it was just like the tree lawn as they (the property owner) have to maintain it, but they can’t do anything with it. Carey advised he has to agree with Beaumont and Copley on this one. James Johnson of West Hill Avenue advised according to the (proposed) ordinance they could not change anything color wise to the sidewalk and he inquired which one of them (Council Members) were going to go down and tell John Laria that he was going to have to strip the asphalt off the sidewalk he covered up several years ago. He inquired as to who wanted to take up that job and advised because they would have to do it (if the ordinance passed). Council Member Richard Lapehn advised there were two ordinances regarding sidewalks and the second was 7602. He advised he wanted to make sure he understood what the change is and the purpose of adopting this ordinance versus what requirements were already in place. Hanlon advised he felt (e) (1) was the additional section added. Lapehn inquired if it would be for those areas with empty lots and no sidewalks so, if this would pass, a letter would be sent to the lot owners requesting them to install said sidewalks or would they would be grandfathered. Boggs advised he would not say they would be grandfathered. He advised as discussed at the last meeting Council needed to set how a plan was going to be (implemented) and he felt the consensus at the last meeting was the existing sidewalks needed to be fixed before attacking those areas without sidewalks. Lapehn advised he was very much in favor of a voluntary plan and the city trying to negotiate with concrete suppliers for a cost break in the mud jacking and sidewalk repair rate so they could offer an incentive to people to replace their sidewalk. Boggs advised he didn’t go out for official bids because he didn’t feel he had the authority from Council just from the discussions. He advised he made contact with a couple contractors who thought the cost would be around $4.50 square foot, which could replace approximately 2200 linear feet of sidewalk for the allotted $50,000. Boggs advised this would be if the property owner were assessed the cost because the city would have to pay the cost upfront. He advised if we were to have volunteers come forward at a better rate…Boggs advised he has 3-4 sections of sidewalk in front of his house that need replaced and he would be charged a minimum load for the cement truck to come out to his house. Whereas, he indicated if there were several property owners who have smaller jobs the contractor could come out and pour the concrete at the same time and a better rate could be given. He advised initially they could test the waters to see if there was any interest from contractors similar to what the city does with commodity bids. Workman indicated that was what was discussed at the last meeting if there were several residents in close proximity to each other a contractor might be willing to pour several sections of sidewalk for each and give a better rate than coming out for just one property owner with a small job. Boggs advised the city will haul the existing concrete away as has been a city policy for a long time. He advised if it were the consensus of Council to start a program in this manner, the city would prepare to get bids so they would know exactly what the rate would be (charged). Hanlon inquired if the approximate $4.50 sf was taking into account that the city would be removing the existing concrete at no charge. Boggs advised he believed so. Lapehn advised he was still looking for the difference between the sidewalk regulations typed sheet (handout) and Ord. No. 7602. He inquired if it was just number of bags mixed minimum or was it the subdivisions being 70% complete. Hanlon advised he believed it was the 70% complete (e) (1). Russell advised if this ordinance (7602) were to pass he would like to see a ten-year plan and inquired as to where they planned to start. He advised he felt according to this (legislation) they could just pick and choose and go wherever. He advised he felt there should be some type of a plan rather than just jumping all over the city. Boggs advised he intended on making such a recommendation at Council’s expression at the last meeting. He advised in general discussion they thought it would begin with the numbered streets, First through Fifth, in some of the older sections of town. Boggs advised if they get volunteers they would be able to complete more sidewalk each year, as hopefully the city wouldn’t have to fund the money upfront for the volunteers. Russell inquired if the City Manager received any feedback from anyone wanting to volunteer (to replace their sidewalk). Boggs advised there were a couple letters to the editor in The Post. Russell advised he thought they also talked about installing sidewalks in areas where there weren’t any such as the property across from the recreation center, as there were a lot of children walking to and from school. He advised he felt that particular section (Saurer/Pleasant View) needed to be completed. Russell advised he realized the guy (property owner) a couple years ago came to city hall and complained, but at the same time when the street (Saurer) was originally cut it went only part of the way and he was grandfathered, but he (current property owner) was not the original owner of that house and he felt that made a difference. Russell advised he has driven around the town quite a bit and there were a lot of homes without sidewalks, but there were some that have sidewalks that look like rainbows (bowed) that he felt was a safety issue. He advised he felt a lot of the sidewalk (installation/repairs) has been taken care of because they have installed a waterline or something and have corrected the sidewalk, but there were still some that were pretty curvy. Mayor Robertson inquired if Boggs advised he could start with the walking routes to school. Hanlon indicated maybe there are others out there like the City Manager who only had a few sections of sidewalk that need replaced and would have already replaced them except the delivery charge and cost was too great for a small job. He advised he felt they needed to ask for bids and the contract can do multiple sections and areas to help keep the cost down. Boggs advised he already contracted for his to be fixed as he wanted to get going on his individual problem, but he has to wait until that contractor has a certain number of jobs in Rittman before he could do the work on his sidewalk. Russell advised he noticed there was an article in The Post where the tree roots were pushing and heaving the sidewalks up. He advised if they cut the roots the tree might decay and die and he inquired if the homeowners had permission to cut the trees before the sidewalks were installed. Boggs advised they haven’t had a meeting with the shade tree commission
on this topic, but he made a decision on a few trees in the recent
past where he felt the tree could be a danger if it fell and he
allowed them to be removed. Boggs advised he was of the opinion
that they should be allowed to take a tree down in the tree lawn
as he felt it was time. He advised some of the trees were pretty
old and if a property owner wanted to take down a tree for safety
reasons he didn’t feel the city should prevent it. Boggs advised
on Russell advised he new of residents in the past that wanted to put a sidewalk in, but were told they couldn’t remove their trees and they didn’t want to cut the tree roots and risk the tree dying. He advised he just wanted to get that (issue) clarified. Robertson inquired they would have to go to the shade tree commission for approval to remove the tree. Boggs advised his understanding was it was the city’s policy that if the tree was healthy (in the tree lawn) they (property owner) couldn’t just cut it down. He advised after a big storm they didn’t have a chance to meet with the shade tree committee and to his knowledge they have never met and he felt it was time to change that policy. Boggs advised some quick decisions had to be made on some requests and he allowed the property owners to cut down some trees (in the tree lawn). Robertson advised it seemed a better way to handle it if the homeowner came to the city manager. Shreve advised he was a little confused on the process as they were dealing with an ordinance that was going to put out requirements to put sidewalks in and inquired if they were then (after the ordinance was passed) going to set a program that the ordinance would abide by because the ordinance change states lots in subdivisions that needed to be installed. Russell advised that was part of his question as he thought they would be getting a ten-year plan stating what would be done within the ten-year period. He advised he agreed with Mr. Shreve that (Council) needed a plan before they could completely vote on this (legislation) and (adopt) it. Shreve advised he was wondering because right now the ordinance
here doesn’t have a goal, it doesn’t have a final project; it doesn’t
have anywhere they were heading with it. He advised at least what
( Boggs advised he agreed there should be a better plan, but they currently have an ordinance that the city could already enforce sidewalk repairs although they have never really done so. He advised the ordinance (7602) would fix the problems of empty lots in areas that have remained idle (as far as development) for years and he felt it would be up to Council whether or not it was enforced right away. Boggs advised what he was hearing was they start at the schools and work out from there and fix whatever the need was whether a non-existent sidewalk or one that needed replaced. He advised that would be the plan he could bring back to Council at a future meeting and he could try to provide a projected ten-year plan. Boggs advised as noted at the last meeting there were a tremendous amount of areas in the city that do not have sidewalks and it would be slow progress to get those installed as it would be very expensive, as there were complete subdivisions without sidewalks installed. Robertson advised he felt the ordinance puts the rules down and then once the city had something that could be enforced they develop a plan about how they would go about implementing the enforcement of that ordinance. Shreve advised he also wanted to bring to (Council’s) attention that the new developments (north of him) had 4’ width sidewalks and not 5’ sidewalks. He inquired if the vacant ones in those areas would now require 5’ sidewalks and would not match and would also be a tremendous cost difference. He advised it was just another issue to consider. Boggs advised he didn’t know if those developments were granted variances for their sidewalks or why they have 4’ sidewalks. Russell advised there could be a crunch for the homeowner to try to get their sidewalk completed even though they may want to do it, but they may not be able to come up with the money. He indicated he understood the city could apply the cost to the individual’s property taxes, but he felt that would just create another problem. Russell advised if the economy was great he would say go with it tomorrow, but he has talked to people who were struggling and having a hard time making ends meet. He advised he would hate to create a hardship on people. Boggs advised that was up to Council as there was discussion that they wanted a sidewalk program and they have held workshops the last two meetings and if Council felt this is not the time they could table these ordinances until they have a better plan. He advised they could work on a contingency plan and bring it back to Council and if they weren’t happy with the ordinances they could amend them or not pass them. Workman advised he felt this was one reason the sidewalk plan in
the late 60’s and early 70’s ended and it appeared as if it was
going to do the same now. He advised they (Council) want a program
and yet they didn’t want to do it. Workman advised he didn’t want
to create a hardship on anyone either, but he felt they were either
going to have to do it or not do it. He advised each time they say
they are not going to do it then it postpones it again and it would
never get off the ground floor. Workman advised those who have sidewalks
in (disrepair) know that their sidewalk needed to be repaired. He
advised as ( Citizens Forum – No comments.Old Business a.
Ord. No. 7595
An Ordinance of the Council of the City of and b.
Ord. No. 7601
An Ordinance of the Council of the City of 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. Second c. 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. Second Lapehn advised he would like some time to consider this ordinance further. He advised to him the thought of passing section (e) (1) and then saying they would hold off on enforcement until sometime later didn’t seem to make sense. Lapehn advised to pass an ordinance with the purpose of putting in sidewalks on lots that have no sidewalks in between lots that do and then say they were going to hold off on enforcement didn’t make sense. He advised he would prefer to come back in two weeks or in the summer and say here is our plan, we have a quote from a contractor, they were going to do the volunteer program and we have these funds set aside for this plan and would be starting at a certain section of the city. Hanlon advised what was currently on the books allowed for sidewalks to be repaired, but inquired if it allowed for new sidewalks to be installed where none exist without passing this ordinance. Russell indicated by the high school was a critical area because there were a lot of children walking to and from school. Beaumont advised he agreed with Lapehn as he felt they needed to have the whole thing (in place) and be able to report to people this was the ordinance and this was our plan and what we were going to do and how we were going to do it. Russell advised we need a ten-year plan. Workman advised that was the reason they waited until the development would be 70% complete. Russell advised he disagreed with the statement about the contractors having to drive their trucks over the sidewalk, as they would have to cut the driveway anyway when the home was built. He advised he has also seen where dirt was placed over the sidewalk and the equipment drives over top without damaging the sidewalk. Hanlon inquired if two weeks was enough time to come up with a plan if this legislation were placed on third. Boggs advised it would depend on what else might happen between now and then, as he didn’t believe they would want a super rush job that wouldn’t have a good analysis. He advised he hesitated to say something could be ready by the next meeting because he wasn’t sure it could be, but if Council wished they could go out for bids seeking cement contractors. Boggs advised he didn’t have a problem if Council tabled this ordinance and studied it further. He advised he brought it for workshop discussion and from what he heard Council tell him was they wanted to see it done and the discussion was healthy. Boggs advised the season (for pouring sidewalks) was short and they were already into it and the only logical thing in his opinion was a voluntary program. He advised if they were to serve notices now nothing would be done until the following year anyway. Russell indicated he felt they already have an ordinance concerning sidewalk replacement and that the City Manager could notify the homeowner that their sidewalk was in disrepair. Boggs advised if Council wanted to pursue that route they would try to identify some of the areas in need of repair and notify them of the city’s voluntary program and see what kind of response they receive. Hanlon advised he felt they were talking about two different things as they already have something on the books where sidewalks exist and this (ordinance) would cover areas where there were no sidewalks. He advised he didn’t see the need to table this ordinance at this point. Workman advised he didn’t know how some areas got away with not installing sidewalks and streets when they built, but they did. He indicated some developers were to install sidewalks in the whole development once it was 70% developed and not just where the houses existed, but also on the empty lots and he indicated there were measures that could be taken to avoid busting the sidewalk. Russell advised he thought when his street was developed no one told them to put sidewalks in, but all the property owners volunteered to put their own sidewalks in. Workman advised the developer was told to do it. Russell advised the developer didn’t do it, but the property owners paid for it. Lapehn moved to table, upon roll call; Workman-No, Hanlon-No, Beaumont-Yes, Carey-Yes, Russell-Yes, Lapehn-Yes and motion carried. New Business a.
Proclamation – Mayor William Robertson proclaimed May 16 thru May 22, 2010 as Emergency Medical Services Week in the City of b. Ord. No. 7603 An Ordinance of the Council of the City
of Rittman, Ohio, Authorizing the Municipal Manager to Accept the
Renewal Rates of Wichert Insurance Agency,
Inc., Cuyahoga Falls, Ohio on Behalf of Selective Insurance Company
for Errors and Omissions Coverage, for all Members of the Fire Department,
Property and Casualty, Auto, General Liability, Ambulance Malpractice
Insurance, Law Enforcement Liability and Public Officials Insurance
Subject to a Yearly Audit, for a Term of One (1) Year Effective
June 1, 2010 and Ending May 31, 2011 and Declaring an Emergency.
Three Boggs advised if Council wished to increase the blanket umbrella coverage from $5 million to $10 million they would need to amend this ordinance to increase the premium by $2,588. Carey inquired if quotes were obtained from any other agencies. Boggs advised no they didn’t go out for bids, but they could. He advised it was one of those things where the city has been happy with the agency and they have done a good job for the city and he hasn’t felt the need to go out for bids. Carey inquired if it would be possible to get rate quotes sooner and compare to see if Wichert was actually in the ballpark. Boggs advised they might not have the same rating from another agency. He advised as they discovered from the healthcare quotes a couple years ago the city’s current agent could get the same quote another agent was providing. Boggs advised it was extremely hard to try to rate and rank the specifications from the insurance companies, as they would almost have to hire a consultant. Workman advised the rate came down from last year. Boggs advised it came down every year since he became City Manager, but he believed the market was down. Carey inquired if there were any claims last year. Boggs advised he didn’t believe so. He advised we met with the agent this afternoon and he went over the claims for the last eight years and he didn’t believe there has been a claim the last couple of years. Robertson inquired if there was any interest in increasing the umbrella coverage. Russell indicated he believed they were asked that same question last year and they didn’t have any interest in increasing it then nor did it appear they did now. Russell moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried. Ord. No. 7603 was read on second and third reading. Russell moved to adopt, all Yeas on roll call and motion carried. c. Motion to Seek Bids from Contractors for a Sidewalk Program d. Motion to Go Into Executive Session for the Purpose of Discussing Personnel, Land Acquisition and Pending Litigation and Invite the City Manager, the Law Director and the Finance Director – 8:08 p.m. Carey so moved, all Yeas on roll call and motion carried. e. Motion to Come Out of Executive Session – 8:50 p.m. Russell so moved, all Yeas on roll call and motion carried. f. Motion to Provide a 2% Increase to the City Manager’s Salary Effective May 1, 2010 Carey advised this (action) was in line with the recent increases provided to salary ranges for all the city employees, union and non-union. Carey so moved, all Yeas on roll call and motion carried. City Manager’s RemarksCity Manager Larry Boggs thanked Council for the cost of living increase as it was appreciated. He advised they would start working on a plan for the sidewalks. Boggs advised they would try to get bids and provide Council with the information as soon as possible. He advised they have been delayed with the healthcare insurance and he hoped to have something ready for the next meeting (5/24) for Council’s approval, as it needed to be approved by June 1, 2010. Boggs indicated a super majority would need to be present at the next meeting in order to get the legislation passed by the deadline. Finance Director’s Remarks Finance Director Barbara Rissland advised Council had the April financial report in their packet and as they discussed earlier it appeared like the property tax ended up almost 2%. She advised right now the income tax was up almost 12% although she felt some of it was due to timing with one of our big companies and the real increase was somewhere closer to 5%, which was still very positive given what was going on in the economy overall. a. Motion to Approval the Financial Report for April Carey so moved, all Yeas on roll call and motion carried. Council Remarks Council Member Lynn Beaumont had no remarks. Council Member Richard Lapehn had no remarks. Council Member Bill Workman had no remarks. Council Member Rick Hanlon advised he was glad to hear they would
be getting a sign at the intersection of (W. Sunset and Council Member Glen Russell had no remarks. Council Member Darrell Carey had no remarks. Mayor William Robertson advised the upcoming Memorial Day activities
were at the a. Approval of Vouchers 53125 thru 53200 Including Then and Now Certificates A question was asked regarding #53173. Russell moved to approve, upon roll call; Hanlon-Abstain, Russell-Yes, Lapehn-Yes, Workman-Yes, Beaumont-Yes, Carey-Yes and motion carried. Adjourn: - 9:00 p.m. Russell moved to adjourn, all Yeas on roll call and motion carried. ________________________________Mayor __ ______________________ Clerk of Council
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