A Regular Meeting

on Monday, June 14, 2010 at 7:00 p.m.

Members Present: Darrell Carey, Rick Hanlon, Lynn Beaumont, Glen Russell and Bill Workman

Members Absent:  Richard Lapehn

Presiding:               Mayor William Robertson

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

Approval of Minutes – May 24, 2010

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

Workshop  

a.                  Discussion of a Sidewalk Safety Program

City Manager Boggs advised per Council’s request the city went out for bids on a sidewalk

replacement program and he was happy to report the bids came in approximately 50% less than anticipated. He advised he tried to set up a contingency plan and he sectioned the city into phases and he walked phase one, which was the school campus area. Boggs advised he noted, sections of sidewalks that should be replaced as well as sections where sidewalks were non-existent. He advised he provided a map highlighting the areas in question on phase one and how much it would cost and how many sections there were to replace. Boggs advised he was interested in Council’s input if this was what they were looking for in a plan and what direction they wanted to go with the sidewalk issues.

            Council Member Workman advised he believed Beaumont suggested they start at the school area and work out from there and he felt Boggs did a real good job on a plan.

            Council Member Carey advised the cost on estimated on each phase did not include areas where no sidewalks exist.

            Boggs concurred and indicated the cost of excavating etcetera was not included in the bid. He advised in phase one he identified the two areas on phase-one that do not have sidewalks (installed) with its square footage listed.

            Carey advised there was no plan for what to do about the areas with no sidewalks.

            Boggs advised that was up to Council and there was a lot of unanswered questions. He advised there were areas such as on W. Sunset west of Rufener St. where curbs, gutters and sidewalks did not exist because at one point in time that was as far as the street improvement reached. Boggs advised he felt it was obvious they would not require a farmed field to install sidewalks on the north side (of W. Sunset at DeCourcey), but inquired if they should be installed on the residential (south) side of the same section and did they improve the street first with storm sewers, curbs and gutters before requiring the sidewalks be installed. He advised it was brought to his attention that there was a new house on Krabill Rd with no storm sewers and yet they installed sidewalks. Boggs advised there were pros and cons and he felt there were going to be unique sections in the city that would have to be discussed and looked at per phase as to how they were going to deal with those particular issues.

            Carey advised the new house on Krabill Rd. was part of that allotment that would eventually all have sidewalks as houses were built.

            Boggs advised it should.

            Council Member Beaumont advised he knew this was all geared toward improvements, but he were property owner A and property owner C and he had sidewalks that needed to be repaired and property owner B in between with no sidewalk and did not have to put one in at all, he didn’t think he would be very happy. He advised it seemed to him if they were going to do this that they shouldn’t differentiate between sections that needed to be repaired and installation of a sidewalk. Beaumont advised he didn’t know who owned the property across from the recreation center, but there was a fire hydrant sitting there and he believed it would need moved. He advised if they were going to do a comprehensive program then it should be a comprehensive program. Beaumont advised if it was going to be by phases then do it by phases, but include repairs along with installation of new sidewalks so there was some uniformity. He advised he felt they had to look at it as a whole package. Beaumont advised also the original ordinance stated they had to be 5’ (wide) sidewalks and most of the areas don’t have 5’ sidewalks.

            Boggs advised it was his understanding that the Planning Commission approved some of the allotments with 4’ sidewalks.

            Beaumont advised he felt they needed a mechanism in place, whether they call it the sidewalk commission or the sidewalk board, where the property owner could come to them and their sidewalks in their area do not meet the standards and ask if they could vary from those standards. He advised he believed there were areas where they needed to allow a variance because there was some differentiation or special circumstances. Beaumont advised they were trying to make an ordinance fit uniformity and the whole town wasn’t uniform. He advised there were places with unique circumstances the city was going to have to be able to deal with and rather than lay this all on the City Manager with people lined up with their sidewalk problems, he felt they should create a board to deal with these circumstances. Beaumont advised there had to be some way to adjust the rules to fit the circumstance. He advised also, in his opinion, if the city owns property in the phase (currently being improved) the first to get done was the city puts in sidewalks. Beaumont indicated he didn’t feel they should ask the citizens to repair/install their sidewalks and the city not do likewise. He advised the city should lead the way and if the city fell under the purview of the statute then they needed to fix it. Beaumont advised they have talked about the sidewalks and got input from the citizens; lets implement a plan that makes sense, but also have an area where we can provide some flexibility with a board and the city needed to lead the way. He advised the bids were really good, but he felt they should include installation of a new sidewalk. Beaumont advised there might be citizens who will hire someone on their own, but in all fairness to them he felt they should be told this was an option and he didn’t want to drop the ball and it was a good project and would improve the city. He advised we were doing a lot of work on infrastructure, streets, brush pickup and other things to make the city look nice and he felt this was the logical next step.

            Boggs advised he felt forming a board was a good idea because it would take the heat off of one or more persons and gives an appeal process so one person doesn’t dictate every aspect of every phase.

            Workman inquired if they could change the language in the ordinance to allow either a 4’ or 5’ sidewalk.

            Beaumont advised he was sure the law director could come up with language that would be flexible enough to allow for variances.

            Boggs advised personally if they were in an area with 4’ sidewalks he felt they had to accept it as (standard for that area) he couldn’t see making someone install 5’ just to make it 5’.           

            Council Member Richard Lapehn arrived at 7:13p.m.

Council Member Hanlon advised he believed in regards to Ord. No. 7602 that they were just adding section (e) (1) for the subdivisions to install sidewalks. He advised the 5’ sidewalks were already in place so, he felt they didn’t need to say 4’ or 5’, but leave it at 5’ because he felt that applied to new developments. Hanlon advised he agreed with a board that could grant a variance for areas with existing sidewalks at 4’, as it would be senseless to put in a couple 5’ slabs that need replaced in an area with 4’ sidewalks.

            Workman advised he felt they shouldn’t have to request a variance if it was in an area that already had 4’ sidewalks.

            Boggs advised he felt the variance already existed for whole developments that installed 4’ sidewalks.

            Hanlon concurred and advised to do a replacement they would replace with 4’ to make the neighborhood look right. He inquired as to the areas with no sidewalks as he assumed the bid price would be higher, would it need to be bid separately.

            Boggs advised he wasn’t sure, but they would talk to the company who gave the lowest bid and see what could be agreed upon. He advised he was assuming they would accept the bid and use a voluntary program this year to try to get some sections of the city complete taking advantage of this low price. Boggs advised the price is good for one year and it would have to be bid each year. He advised the city would pay the contractor upfront and resident could pay the city directly within so many days and if not the cost would be assessed to their property taxes to be more affordable to the residents. Boggs advised he hasn’t had those detailed discussion regarding assessing for sidewalks yet, but he believed that was how Wadsworth and Barberton were doing (their sidewalk programs).

            Finance Director Rissland advised there was a sidewalk program where she previously worked and they assessed over a period of one year, but that city picked up 50% of the cost of the sidewalk. She advised they could assess and new sidewalks improved the value of the property so it was something for which they could assess.

            Boggs advised he hasn’t discussed with the Service Director if the city was capable of doing any of the excavation for the resident to save on costs. He advised in some areas the property might have to be surveyed and the city did not have a surveyor on staff, but maybe that was something the city could pickup the cost of surveying.

            Beaumont advised the city still tears out and hauls away (old sidewalk).

            Boggs concurred and advised that was how they received a low bid.

            Beaumont inquired as to why the city couldn’t dig it out if it needed to be.

            Boggs advised he assumed they could, but indicated he hasn’t had that exact conversation with the Service Director yet.

            Beaumont advised he felt they should do it. He advised if people on a voluntary basis were going to agree to have their sidewalk replaced/installed they ought to give them an incentive to do so. He advised the low bids were on thing and if we are doing tear outs and haul away then he felt they should do the excavation for new sidewalks. Beaumont suggested they ask surveyors for quotes. He advised he felt they didn’t have all the pieces to say legitimately what it would cost. Beaumont advised he felt the cost would be pretty hefty if they were asking the homeowner to bring in a backhoe and bring in a dump truck and pay those hourly charges when the city had the ability to do it as a service for the program. He advised he felt it would be quite an incentive to offer a property owner those services in order to get in the program and if they had to do it anyway, they might just take advantage of what the city was offering on a volunteer basis.

            Boggs advised he would talk to the Service Director, but he was assuming the city probably could do the excavating and would begin a voluntary program. He inquired as to what they should do if there were a line of houses without sidewalks and 4 wanted to participate and 5 didn’t, as it wasn’t a mandatory program as yet. Boggs advised if Council liked the contingency plan then we could eventually be in a position to make it mandatory in a year or two and they could begin letting everyone know it was coming.

            Beaumont advised he felt they should at least give people the option right now and maybe they would choose to have it assessed (rather than pay on their own up front from a private contractor they hire). He advised he knew firsthand because in the City of Barberton (where he owns property) just sends a letter and zip, boom, bang it was done.

            Boggs inquired if Council wanted him to start a voluntary program and implement it the best way they knew how or wait to finalize such at the July meeting.

            Workman advised he would say yes (to starting the voluntary program).

            Beaumont advised he didn’t see anything wrong with sending out notices advised it was the intention of Council to pursue it and he indicated they could see what kind of response they receive for the volunteer program.

            Hanlon indicated he was in agreement for the voluntary program.

            Lapehn advised he felt if they accepted the bid tonight then the voluntary program was in place for all intents and purposes.

            Beaumont clarified for replacement only.

            Lapehn agreed.

            Beaumont advised that maybe they could get a feel for how many people really were interested in doing the voluntary program. He advised if people were interested in doing the voluntary program he felt it gave them an idea as to how aggressive to be with the program. Beaumont advised he liked the phases.

            Hanlon advised if they get something in the paper about the voluntary program and get (quotes) surveying costs and the city crews could do the digging it should be the same square footage and same cost, which was a great price. He advised he would say they should pursue it even though he didn’t know if they could or should let the homeowner know that there could be additional surveying costs or maybe the city could absorb that cost. Hanlon advised he felt they should definitely go with the voluntary program if they accept the bid.

            Mayor Robertson thanked everyone for the input and advised it was a good discussion.

            Hanlon inquired if a motion from Council was needed to know which direction to go with the voluntary sidewalk program.

            Boggs advised he felt he had it and if he heard everyone correctly he would try to come up with a good voluntary program and provide general guidelines similar to other cities. He advised he intended to send out letters for phase one for sure and he was hoping on some press to get the information out there to the citizens. Boggs indicated he has heard from a few people that were thinking about participating in a voluntary program and he was hopeful it would continue beyond phase one.

            Hanlon inquired if it would be necessary to form a sidewalk committee with the voluntary program.

            Boggs advised he didn’t believe it would be necessary because at this point they were not mandating anything, but it was an opportunity to participate at a great price. He advised he would anticipate using the language that Council in all probability going to pass a mandatory program in the future. Boggs advised he would check into the capability of the city doing the excavation and possibly the cost of surveying if that was necessary.

            Hanlon advised after tonight there would only be one more reading on the ordinance regulating sidewalks for subdivisions. He advised he felt the city manager could make a determination according to individual subdivisions whether they needed 4’ or 5’ sidewalks without a committee.

            Russell inquired with regards to subdivisions if there was a particular one to which they were referring.

            Boggs advised all of them.

            Robertson inquired if any were opposed to the City Manager developing a mandatory program in the future.

            No opposition stated.

            Workman advised he was down at the ball fields a couple weeks ago and someone brought to his attention regarding the lights at the former tennis courts were unnecessary. He advised they looked as if they might fall down if a heavy rain or wind comes and he didn’t feel they were safe.

            Boggs advised he would check into it.

Citizens Forum

            Herb Gammell of N. Main St. advised he was almost 83 years old and he has lived by the creek for approximately 43 years and he indicated he was concerned about the debris building up in the creek along with it being overgrown and if they get a heavy rain his house among others could sustain some damage. Mr. Gammell presented Council with some photographs of portions of Landis Ditch including under the bridge on N. Main St. where some of these issues existed. Gammell indicated you could barely tell where the creek had been dredged several years prior. Gammell requested the city crews come out and clean up the debris. He advised if it backs up it will flood the shopping center and they won’t be able to buy a toothpick in this town and the people in the area have had enough.

            It was noted the last time the creek was dredged was probably 2005 if not before and the city paid the cost.

            Mayor Robertson inquired of the City Manager if there were regular checks by the city crews of Landis Ditch.

            Boggs advised he couldn’t say they regularly check it and there were limited things the city could even do. He advised the last time it was dredge a large amount of material was removed and they cannot do that, as there were permits to obtain from the Watershed District before they could do any deep dredging. Boggs advised they didn’t have any issues with cleaning up the loose debris.

            Robertson advised there wasn’t much else they could do as (Landis Ditch) was controlled by the Watershed District and they were concerned with the whole waterway and don’t want someone dredging one part and leaving other parts so there wasn’t a lot the city could do.

Boggs advised he believed the city crews were out this afternoon cleaning it up a little bit. He advised he believed Mr. Gammell called in late Friday afternoon and spoke with one of the clerks and they called the street supervisor and he believed they were out this afternoon cleaning up some of what Mr. Gammell was concerned about. Boggs advised every time (Gammell) has come to us and told us there were trees down in the creek, they have taken care of it and they would look into it and he has always listened to Mr. Gammell’s concerns. He advised they couldn’t dredge, but they could cleanup the debris.

Hanlon advised the city would be cleaning up the logjam and debris and that was the extent of what they could do until it gets clogged again.

Gammell advised that was all he was asking.

Mrs. Gammell advised they pay for the Watershed District on their property taxes every year.

Boggs advised none of that money comes to the city funds.

Russell advised Mr. Gammell called him Friday night and there was no one who he could contact as everyone was gone for the weekend. He advised he went down (to the creek) and took a look. Russell advised one of (Mr. Gammell’s) questions was that there was continuous water running out of the corrugated culvert pipe and he didn’t know the answer as to why. He advised (this culvert) was run to Thonen Street and he didn’t know if there was a hidden lake there or what. Russell advised he also checked in the back of Goodwill (where the creek runs) and the (creek) bank was deteriorating pretty badly and he didn’t know what they would do if that caves in.

Gammell advised all he was asking was for someone to walk that creek and clean up (the debris) and do what they could do.

Old Business

a.                   Motion to Reconsider Removing from the Table Ord. No. 7602

Workman advised he misunderstood it at the last meeting and indicated he would like to

reconsider this ordinance. Robertson advised a yes vote would be a vote to remove it from the table and make it available to be voted on and a no vote would leave it on the table and could not be considered any further. Workman so moved, upon roll call; Russell-No, Beaumont-Yes, Carey-Yes, Workman-Yes, Lapehn-Yes, Hanlon-Yes and motion carried.

b.                  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 Reading. Ord. No. 7602 was read on second reading. Lapehn inquired as to a point of order if this ordinance was ever passed from first reading. After some discussion…it was noted, the clerk would look at past minutes* and advise Council accordingly. [*April 26, 2010 – Ord. No. 7602 advanced to second reading. May 10, 2010 – Ord. No. 7602 was tabled] Carey moved to place on the next reading (being third), all Yeas on roll call and motion carried.

New Business

a.                  Ord. No. 7605 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties, Ohio, Authorizing the Municipal Manager to Accept the Lowest and Best Bid of High Touch Company LLC, 2230 Brymwood Drive, Lexington, Ohio 44904, for the 2010 Sidewalk Safety Program and Declaring an Emergency. Three Readings. Ord. No. 7605 was read on first reading. Boggs advised he contacted one village that hired this company for approximately $164,000 for a sidewalk program and they were very pleased. Boggs advised a state agency was also contacted to see if this company was on their “no bid list” where there have been problems in the past and the state would no longer accept bids from those on the list and this company was not listed. Boggs advised originally it was discussed that the city would allocate $50,000 toward this project and this bid came in so much lower and he inquired if they do a voluntary program and receive over $35,000 worth of business were they limited since the ordinance reads for $27,806.00. Bower advised they were limited. Boggs inquired if extending the contract would require a separate Council action. Bower advised yes. Boggs inquired if Council wanted to amend the contract in case there was a successful voluntary program and allocate $50,000. Boggs advised for the bid it was estimated the linear footage that could be replaced and this company bid accordingly. Hanlon inquired if an amendment would consist of adding a section that states to include up to $50,000. Lapehn advised currently the ordinance read for a sum not to exceed…and that would have to be changed. Beaumont advised it did not address new sidewalks. Boggs inquired if they should include that (new sidewalk installation) in the ordinance. Lapehn questioned if that would nullify the bid. Bower advised the ordinance didn’t exclude it (new install) as it just says the sidewalk safety program. Beaumont inquired if the bid specifically stated for the replacement (of sidewalks) or was it by linear foot. Hanlon advised he believed it was both; replacement at approximately 3200 linear feet in various areas. Boggs advised they could move on this tonight and he could give Council more information in July. It was noted, this would be a voluntary program for this year. Carey moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried. Ord. No. 7605 was read on second and third reading. Carey moved to adopt, all Yeas on roll call and motion carried.

b.         Ord. No. 7606 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Amending the Annual Appropriation Ordinance No. 7583, As Amended, According to the Attached Sheet(s) and Declaring an Emergency. Three Readings. Ord. No. 7606 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. Ord. No. 7606 was read on second and third reading. Carey inquired regarding the spreadsheet where there was a $300,000 shortfall last year. Rissland advised that showed how we started the year and then they included some of the unencumbered cash balance from last year to make up the deficit. Carey advised so basically they were short $300,000. Russell moved to adopt, all Yeas on roll call and motion carried.

c.         Res. No. 7607 A Resolution of the Council of the City of Rittman, Wayne and Medina Counties, Ohio, Adopting an Urban Renewal/Neighborhood Stabilization Program. Three Readings. Res. No. 7607 was read on first reading. Russell inquired if it was necessary to have the three readings that night. Boggs advised this was so they could dispose of the property where the structures were demolished under the neighborhood stabilization grant. Boggs indicated this would relieve the city from maintenance on those properties such as mowing and property taxes. Carey inquired if there was interest from individuals in acquiring some of these lots. Boggs advised yes on at least two of the properties. Carey inquired as to how many of these lots the city owned. Boggs advised three and possibly acquiring two more. Beaumont advised under the circumstances he felt it would be very helpful to have this (ordinance) in place now. Beaumont advised it would give the City Manager the clout needed with (bank owned abandoned properties) banks that were dragging their feet and he felt this would force them to move a little quicker. Beaumont indicated if they didn’t pass on three readings tonight then they were looking at August before this ordinance would be adopted. Beaumont advised he didn’t see any reason why they shouldn’t suspend the rules. Workman agreed. Beaumont advised what they were talking about here was junk houses and let’s get them out of here as they serve no purpose and were vacant. Beaumont advised he felt they should give him the ammunition to move forward. Hanlon moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried. Res. No. 7607 was read on second and third reading. Carey moved to adopt, all Yeas on roll call and motion carried.

            d.         Discussion of Healthcare Insurance Coverage for Part-Time Employees

            Russell advised at the last meeting it was discussed that it would be reported back (regarding costs for adding such employees to the city plan) and he read the (legal opinion) memo in the packet, but he wasn’t sure he agreed with the reasoning as to why even though it came from a labor attorney. He advised if the city had 85-90 employees they were not all working an average of 25 hours a week and he knew the fire and EMS employees were included in the report and he disagreed with that.

            Boggs indicated Council could adopt a policy and determine who should be offered benefits whether it was set at 20 hours or 25 hours or 32 hours and advised that was local policy and they could set their own policy.

            Russell inquired if they got some figures as to what it would cost (the city) to add those employees.

            Boggs advised no, as they didn’t have time with the audit.

            Russell inquired if it could be provided at the next meeting. He also inquired if it would be too late to add employees to the plan.

            Boggs advised he believed employees could be added at any time although he doesn’t believe the city can affort it, but he would have (Rissland) run the numbers.

            Russell advised he would at least like to see the numbers and how many employees they were talking about.

            Herwick inquired if some of the employees (in the labor attorneys report) were FTE’s (full-time equivalents) and that was how he was coming up with these figures.

            Boggs advised the law sited (at the previous meeting) has expired for one thing and it was a long explanation and he would discuss it with him after the meeting.

            Robertson inquired as to what Russell would like them to price out exactly.

            Russell advised he would like to know how many employees would be eligible for the (health) insurance.

            Lapehn advised the report says 65-70 eligible employees work 25 hours or more.

            Russell advised right, it says eligible, but he included the fire and EMS under that and those guys sometimes they don’t work that many hours a week. He advised he believed it talked about the city have 89 employees or something like that.

            Workman advised those employees were on-duty 24/7.

            Russell advised he guessed they were, but they were not getting paid unless there was a call.

            Lapehn advised Larry’s word to the attorney and the attorney says, “you advised me” and he was assuming the you was Larry, “that the city would have to offer insurance to all employees who work 25 hours or more, the city would have between 65-70 eligible employees”. Lapehn advised there was the number they were to be working with right there.

            Boggs advised that discussion was including seasonal employees. He advised if he (Russell) wanted them to do a study, they needed to know where he wanted to cut the number off whether it was 25 or 32 (hours).

            Russell advised he believed it was stated before 25 hours a week at least 9 months of the year.

            Boggs advised that was not the ruling from the labor attorney.

            Robertson inquired if Russell was wanting a part-time employee to be offered the same healthcare benefit that the city would pay a portion of their premium.

            Russell advised yes.

            Robertson inquired at the same percentage with the city paying 80% and the employee paying 20% even though they were part-time employees.

            Russell advised if they were working 9 months (of the year) or more, as he believed not all of those people would be included as working 9 months.

            Robertson advised he was just trying to make sure that (Rissland) and (Boggs) knew what they were pricing out.

            Lapehn clarified he (Russell) wanted to know how much additional it would cost the city.

            Russell advised right.

            Rissland inquired if they work 25 hours or more 9 months or more include everyone at a single plan or employee/spouse or employee/child or family.

            Boggs advised they would have to survey everyone.

            Robertson advised he felt they should pick a number and provide an average.

            Carey advised he felt if we were going to make them eligible for them to participate, they should have to pay for theirs (meaning the full premium be paid by the employee) just like Kevin (Bower). He advised he didn’t believe they should be given the same benefit as a full-time employee.

            Lapehn advised this wasn’t a policy question, but more of a number question as they had no idea what the numbers were and he suggested make it employee/spouse and have a generic report. He advised it would be a false number, but it would be a number.

            Boggs advised he spoke with that employee that Mr. Russell was concerned about and she was not interested.

            Russell advised that answers that part of it, but he would still like to see the numbers please.

            Beaumont inquired as to why did they get the legal opinion from the labor attorney if they weren’t going to listen to him. He advised the man has written a legal brief here and he was very impressed.

            Russell advised legal briefs have not been completely correct either.

            Beaumont advised we asked for his opinion and we got his opinion and unless we have something to conflict with what he tells us the law is then, what were we really doing.

            Russell advised he had a right to say…

            Beaumont advised he wasn’t saying he didn’t, but we tell Larry we want an opinion and we got it and his question was where were we going here. He advised at some point they needed to move forward.

            Russell advised he thinks they answered that.

City Manager’s Remarks

            City Manager Boggs advised he and the Finance Director were working on the tax budget and it had to be passed by statute at the next meeting so a quorum would be necessary at the July 12^th meeting. He advised to please let him know if they weren’t going to be at the July meeting.

            Council Member Lapehn advised he would not be at the July meeting.

            Boggs advised if there would not be a quorum at the July 12^th meeting a special meeting would have to be set in order to get the tax budget passed by the required date in July.

Finance Director’s Remarks

            Finance Director Barbara Rissland advised included in the packet was the May financial report and it looked like revenues were still coming in stronger than anticipated, which was a good thing. She advised also included in the appropriation amendment passed earlier there was $50,000 for the sidewalk program, which should cover additional expenses of surveying or anything else we have to do in addition to the $27,806.00. Rissland advised the other two items in the appropriation amendment were appropriating the grants received for the recreation center. She advised the auditors should be finished up this week as they were planning on being here Wednesday, Thursday and Friday and then they should be done, which would be a very good thing.

a.       Approval of Financial Report for May

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

Council Remarks

            Council Member Glen Russell thanked everyone for coming and invited them to come back. He inquired regarding the mosquito control program if it was being put into effect, as he hasn’t seen the spray truck going around town.

            Boggs advised they have sprayed although he didn’t know the exact dates. He advised the Service Director has taken the mosquito control course and they believe it to be very effective and as long as the city could afford it he felt they should continue it.

            Council Member Richard Lapehn complimented Boggs on his work on the seven-phase program for the sidewalk safety program. He advised he (Boggs) did terrific work and he believed it would be something they would continue to discuss. Lapehn advised as far as the volunteer program they were estimating it to be about a 50% savings as opposed to an individual contracting with a concrete company on their own. He advised (in conjunction) there was an issue with a Medina County Commissioner participating in a low interest loan through the fix-it funds program and there were some legal issues as far as her position and receiving this loan. Lapehn inquired if an (elected official of the city) were to become a part of the volunteer program and save 50% by getting concrete work done through the city (program) if that would be an (ethics issue).

            Law Director G. Kevin Bower advised he didn’t see it as a problem as they would not be receiving any special favors. He advised it was a uniform piece of legislation available to every resident and they were residents. Bower advised they were not being singled out and favored.

            Boggs advised he could email the Ethics Commission for a double check, but he agreed with (Bower) as it was nothing any other (property owner) could receive and he didn’t see a problem.

            Russell advised he believed it (lawsuit against Medina County Commissioner) got started because one person had done it and they complained because she was doing it and she called the Ethics Commission and he felt that was what “got the ball rolling”. He advised there was an article in the newspaper.

            Lapehn advised he believed the city paid for (the dredging of) Landis Ditch from the sale of property years ago. He advised the city sold a lot for $30,000 or so and that money was used for the Landis Ditch cleanup to answer Mr. Gammell’s question. Lapehn advised it was a good question as far as the Muskingum Watershed District was concerned and that was some murky water. He inquired as what is the watershed area and where does home rule begin and end and was there any definition. Lapehn advised Landis Ditch was never accepted as far as he understood by the watershed district and it was still the responsibility of the City of Rittman, but where does that end east, north of (Gammell’s) place that the watershed district would come with our tax dollars and maintain up to the proper level and then the city would pick it up at a certain point and our responsibility through town and then out of town the watershed responsibility again.

            Bower advised the Army Corps of Engineers told him that any tributary of the Muskingum or Tuscarawas River is their domain.

            Boggs advised the problem we have from his research, some of it recently, as he called every federal agency he could think of that might deal with this because of the possibility of the collapse of the wall behind the shopping center and very soon. He advised he was trying to get some involvement from an agency that would come in and say who would maintain those walls. Boggs advised every agency he spoke with “washed their hands” of it and wouldn’t get involved. He advised he hasn’t spoken in depth with the (Law Director) on this issue yet, but he felt they were going to treat it like any type of retention wall. Boggs advised he felt the city was going to end up telling the property owners in that area that they need to fix those walls because the end result once they collapse would dam it up and back it up to those property owners on North Main Street. He advised he believed there was an ordinance passed in the early 1960’s that allowed the shopping center to be built and allow the landowner to divert/reroute the creek (Landis Ditch) to its location today. Boggs advised the property owner at that time signed an agreement that he would maintain those retention walls. He advised it was his understanding when (former City Manager) Mr. Kellogg was working on this issue that if easements were given to the city from all the property owners the Army Corps of Engineers would possibly take it over with the exception of that strip (with the retaining walls) and that was the most troublesome area. Boggs advised the other is sue and what he was trying to explain to Mr. Gammell and what he has learned from the research was that they could not just go in and dredge the creek anymore, but the had to get permits. He advised he believed they could remove some of the vegetation and the trees and such, but they could not dredge as that affects the property owners down stream. He advised quite frankly, from some of the classes he’s attended, it actually (increases the water flow) and that was not exactly what they wanted. Boggs advised if the water is sped up and flows into the River Styx creek and River Styx should be backed up and overflowing then all you’ve done is get some of the water down there faster and causing back up problems farther down the (waterway).

            Lapehn inquired between Eastern Rd. and the bridge on N. Main Street if there was any large retention area that was designated (for overflow) from a heavy rain.

            Boggs advised no.

            Lapehn advised they were paying taxes.

            Boggs advised he has talked to Debbie Russell (of the watershed district) quite a few times and she has offered suggestions, but they may have to get involved in litigation to (force) maintenance upon an agency or the property owners and he indicated if the wall collapses no one is going to want to take responsibility.

            Workman inquired if the agreement transferred to each subsequent property owner.

            Boggs advised he believed it transfers.

            Bower advised it states heirs, successors and assigns in the document.

            Boggs advised he felt they should probably start the process soon. Boggs advised he felt they could remove some vegetation and debris without being in violation. Boggs indicated a message was relayed to the service department late Friday afternoon and some of the corrugated pipe was removed and they were working on the debris that day as well.

            Council Member Lynn Beaumont advised he would like to echo Lapehn’s comments on the work done by Larry (Boggs) for the sidewalk program. He advised by the sure volume of the paperwork it was obvious it took a long time to prepare. Beaumont advised he did a really good job and gave us a really good start. He advised he would encourage Larry (Boggs) to keep on the rehabilitation and stabilization program as it was a really good program and cleans up abandoned properties that would never have a chance of being cleared up otherwise and he was doing a good job.

Boggs indicated he needed a new pair of tennis shoes after canvassing part of the city.

Beaumont advised he could attest 100% that the mosquito spraying was not working.

            Council Member Bill Workman agreed the mosquito spraying wasn’t working. He thanked everyone who attended the meeting for coming. He advised it was good to see the police chief at the meeting. Workman thanked Larry for the work on the sidewalk program and for getting us going in the right direction and hopefully we could keep it going.

            Council Member Rick Hanlon advised he had his own sidewalk installed last week by hiring a private contractor so as to avoid any ethics issues. He thanked everyone for coming and he hoped to get some press about our voluntary sidewalk program.

            Council Member Darrell Carey thanked everyone for coming. He advised it was nice to see Mr. Rastorfer back after missing a couple meetings. He congratulated Mr. Rastorfer on finally being recognized for his years of hard work and dedication to the ball field and jokingly advised although he never quite saw eye to eye with his umpiring calls.

            Mayor William Robertson advised he had some calls regarding the sidewalk safety program as to what was the City Manager doing walking around the streets of Rittman. He advised there was a blind golf outing coming up sponsored by the Rittman Lion’s Club June 25^th, 26^th & 27^th. Robertson advised it was really something to experience if you get a chance on a Friday, Saturday and Sunday. He advised on Saturday and Sunday the events were in the afternoon 12:30 or 1:00 p.m. and there would be a big ceremony after on the 18^th green on Sunday evening. Robertson advised Joe Tate Emcee’s the event and it was great to see these guys play and put for the effort necessary and it was an international event. He advised it was part of the Blind Golf Association Tour and pretty prestigious that the Rittman Lion’s have been able to bring them to our area and support the tournament, take care of lodging, transportation, etc. Robertson advised there would be more details in his article. He advised the Relay for Life was on Friday, June 25^th in Doylestown with the kick-off at 7:00 p.m. and he would be there with Mayor Lindeman and it was a joint effort between Rittman and Doylestown. Robertson advised if would be great for anyone who could to help out or attend or sponsor a team.

a.       Approval of Vouchers 53264 thru 53395 Including Then and Now

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

Adjourn: - 8:35 p.m.

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

________________________________Mayor

__ ______________________

Clerk of Council