Rittman City Council Met in
A Regular Meeting
on Monday, June 11, 2007 at 7:00 p.m.

Invocation was given by: Dr. Richard Lapehn, Pastor followed by the Pledge of Allegiance.

Russell inquired if Ohio Edison should be contacted if limbs needed to be removed from power lines or storms.
Service Director Simpson advised generally if a tree falls on a line during a storm, the police are usually called and the dispatcher calls Ohio Edison and sometimes his department hauls away the branches. Simpson advised Ohio Edison doesn’t come out just because but, they have a program where every 5 or 6 years they clear away branches from their lines and he indicated they don’t seek advice from the property owner as to how much to cut.
It was noted, Ohio Edison was in Rittman last year making these alterations.
It should be noted that although the trees in the right of way or tree lawn were owned by the city, it was the property owner’s responsibility to maintain said trees.

2. Discussion of 2008 Budget – Fire and Service Departments

Fire Department
Fire Chief Don Sweigert briefly reviewed the proposed budget. He advised there was one correction as only one captain and one lieutenant have been appointed, which would make it only $1,700 instead of the projected $2,700 for salaries. Sweigert advised they would be working on implementing an inspection program because by the Ohio Revised Code they should be doing some fire inspections of public buildings such as businesses and churches. He advised currently they were doing the schools. He advised it wasn’t to be unfriendly, but to make sure these buildings were safe for the public. Sweigert advised there were some options to look into as there were some cities that charge a nominal inspection fee if they have to go 2 or more times to the same location to make corrections and this could be a revenue generating opportunity to help offset some of the costs associated with this program.
Copley advised the biggest increase was a 20% increase in salaries and inquired if that was due mainly to the anticipation of these inspections.
Sweigert advised that was part of it as it was hard to predict because in 2006 there was $56,000 appropriated for salaries and their fire prevention programs worked really well the last half of the year and they didn’t have hardly any fires or runs and subsequently their labor was down quite a bit and the actual expenses was $43,000 and it could be the same this coming year if there were few fires. He advised he put $60,000, which included these additional inspections and anticipating there could be additional fires. Sweigert advised if they don’t have that direct cost, they wouldn’t spend the additional money. Discussion included Capital Improvement Funds being used for such items as a light generator and some other items, which were over $500. Sweigert advised they were trying to set aside funds to be able to purchase a $350,000 fire truck to replace Engine 58, which would be 30 years old in 2009 and would need replaced.
Steve advised he agreed with appropriating funds toward physical exams as he felt it was wise and was also a safety related issue and made sense to begin such a program.
Sweigert agreed and indicated from a liability standpoint they can form a baseline analysis of employee health and they would be working with a local doctor to get those exams completed. Sweigert clarified that Ohio was not an NFPA state, however if an issue would go to court they would refer to the national regulations for a baseline. Sweigert advised they have applied for some grants and were able to purchase some new turnout gear through a grant, five sets this year as they were trying to set aside $10,000 each year for five sets of new turnout gear a year so they wouldn’t be hit with $70,000 all at once as they have 35 members and turnout gear was $2,000 a set. Sweigert advised they also received a $1,500 grant for computer equipment and $400 for training.
Discussion included that the building and maintenance salaries had been eliminated completely and it was noted, the current custodian would be retiring soon and instead of replacing that position, they were going to try a new method where each member of the department would assist in keeping the building cleaned and maintained and this would help them develop a sense of pride as well as save on the budget.
Russell inquired as to the dues and subscriptions budgeted, if it was necessary to subscribe to so many publications.
Sweigert advised they share them with the whole department. He advised with regards to the Ohio Fire Chief’s Association and the Wayne County Fire & Rescue Association, he felt it was always good to receive different information and network and solve problems or bounce ideas off of each other, as his membership in these associations seems to help build camaraderie between the departments and there were meetings held once a month.

In response to a question from Telford, Sweigert advised the maintenance contracts were such things as the radio contract the city has with the EMS and Police Departments as well as a contract for the bench testing they have done each year to ensure all SCBA’s are working properly. Sweigert advised similarly outside maintenance was in regards to sending out a piece of equipment for repair. He advised last year was a big maintenance year to bring everything up to date and they are trying to keep up with preventive maintenance through the contracts and would in turn have less outside maintenance necessary.

Service Department
Service Director Dave Simpson advised he tried to do an explanation of what each line
item was for and if there was a large increase for 2008, he tried to give an account of the reason. He advised building maintenance was pretty flat and there was an 8.5% increase in the cemetery budget due to engineering design necessary to open a new section of the cemetery with approximately 550 graves. Simpson advised most of the service department budget was salary related. Simpson advised he listed each employee and when they were hired so, Council could see that in relation to their longevity and how it plays into the equation. Simpson advised overall there was a 5.23% increase in the whole service department budget.
Russell inquired if there was a tractor, which could be utilized to haul the mowers to the different locations throughout the city to save time and effort.
Simpson advised they didn’t have one suitable for that purpose, as the one they do have was quite large and too cumbersome to haul that type of equipment. He advised they have kicked around the idea of purchasing one in the past, but it just has not come to fruition.
Discussion included the cost of leaf disposal. Simpson advised it was much more economical to pay to have them hauled away than to haul them to a landfill farther away and take much more time.
Russell inquired regarding purchasing a leaf shredder and suggested selling them back to residents as compost to help recover some of their costs.
Simpson advised his department generally works from 7-3 M-F, which was not conducive to the general public for scheduling compost pickup and he would have to staff someone on Saturdays or later hours during the week to sell the composted leaves and budget for the additional labor hours needed.
In response to a question from Russell, Simpson advised the street sweeper was in operation and he tries to use it once a month around this time of year and follow a general schedule, but it was a busy time of year.
Simpson advised they have an agreement with C.U.E. for road salt who has been $15-$20 a ton lower than what Wayne County or Orrville was paying. Simpson advised they began spraying for mosquitoes before Memorial Day although they did take a week off when it was so dry.

Citizens Forum
Rick Hanlon of Olds Ave. advised the Agenda didn’t show anything under old business regarding Ord. No. 7446 (games of skill businesses) which was tabled previously to have a committee (City Manager & two Council Members) look into whether they should be charging fees to such a business and he inquired as to where Council stood with this (legislation).
Council Member Copley advised he and Telford and Boggs met to discuss the situation and the consensus was they don’t try to regulate other businesses in the city with licensing fees and they felt the city shouldn’t do so to this type of business either.
Council Member Telford agreed and advised she felt they should treat all businesses the same.
Hanlon advised regarding the stop light at Sunset Drive and Main Street if you are sitting facing west to continue up Sunset Drive and he indicated the light will not change unless the first vehicle is up close enough to trigger the mechanism and suggested a sign be placed in the right of way near the corner at Burger King on Sunset to alert motorists who may be unfamiliar with the necessity of pulling forward. Hanlon indicated often times the traffic backs up when a motorist is sitting back too far and he didn’t feel it was safe to approach and explain the need to pull forward. He asked what could be done.
City Manager Boggs advised he and the Service Director would look into the situation.


Old Business

1. Res. No. 7444 A Resolution of the Council of the City of Rittman, Wayne and Medina Counties, Ohio to Provide a General Election to Amend the Charter of the City of Rittman to Amend Section 3.01, the Council, and 4.01, the Mayor, and Declaring an Emergency. Third Reading.
Res. No. 7444 was read on third reading. Copley urged his fellow Council Members to vote against this resolution, as it would have an effect on voters in the future as to whom they could choose to be their Council Members and he felt the voters of the City of Rittman were knowledgeable enough to know who they want for their Council Members. Copley felt this legislation would put unnecessary restrictions on who could run for Council. Telford moved to adopt, upon roll call; Steve-Yes, Copley-No, Russell-Yes, James-No, Lapehn-No, Telford-Yes, 3-3 tie and Mayor Robertson- No and motion failed

2. Motion to Remove Ord. No. 7446 from the Table and have Second Reading Placing it on Third Reading.
It was noted, this legislation was the one establishing fees and regulating games of skill businesses. Lapehn so moved, upon roll call; Copley-No, Russell-Yes, Lapehn-Yes, James-Yes, Telford-No, Steve-Yes and motion carried.

3. Ord. No. 7446 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties, Ohio, Adding Chapter 735, Amusement Arcades, to the Codified Ordinances of the City.
Ord. No. 7446 was read on second reading.
It was noted this ordinance was amended to include a $500 annual licensing fee and a $5 per machine per month fee. It was also noted currently there were 38 machines and they had plans to go to 46.
Copley inquired if they saw any additional expenses being incurred by this business being located in Rittman.
Lapehn advised what the federal, state and local governments do best is make issues out of things such as taxes on gasoline sales, cigarette sales and alcohol sales. He advised there were precincts where you could and precincts where you couldn’t buy alcohol on Sunday in most municipalities. Lapehn advised there were environmental disposal fees on batteries, and special taxes on restaurants, special lodging taxes on hotels and even a franchise on cable. Lapehn advised the aggressive tax issue was what he didn’t like about skill games and he had literature stating these businesses were actually a tax on the poor. Lapehn indicated those who could least afford it, would most likely be the ones to suffer when patronizing these businesses. Lapehn advised it was called the regressive tax on the poor. Lapehn referenced a recent article in a newspaper, which talked about the games of skill misnomer where one would have to react to flashing fruit pictures with 128 recurring patterns in 83 milliseconds in order to choose the correct matching pattern. Lapehn advised that was the determination of skill to win such a game and his real hope was that the State Senate Legislature would pass something to cover the whole state regarding games of skill. Lapehn advised there was one business in the State of Arkansas, which earned more than $92 million dollars in six months from games of skill. Lapehn advised it was a booming business and he didn’t believe anyone had the skill to react to 83 milliseconds to win the game. He advised these games are programmed ahead of time as to the winnings and most of the time people will lose and he believed it was a racket and if it was going to be legal, they should be garnering some money so the extra police time could be compensated and the city could be compensated.
Copley inquired if the (Acting) Police Chief identified any disturbance calls to this business.
Boggs advised to his knowledge, they have had no calls so far.
Copley advised so there has been no additional police patrol requirements.
James advised regarding the tax on the poor, as he failed to see how the city taxing the business would give any money back to the poor.
Lapehn advised if the city collects this fee, then possibly they could avoid raising city taxes and this would help the poor.
James advised he felt they were trying to run this guy out of town and inquired as to why this issue wasn’t brought up when the owner first came to City Council and presented his business to them at that time.
Lapehn advised he did.
James inquired as to why he didn’t propose legislation at that time. He advised this ordinance came to them after this business was already established. He advised if the city wanted to govern this business, he felt they should have considered it before this owner (set up shop).
Russell advised when this owner came to Council they didn’t know he would be open for business almost immediately.

Steve advised this owner came and told Council about his business, but he didn’t ask for their permission. Steve advised he felt the issue was a gambling business has come to town and they needed to take a position of endorsing it or discouraging this type of business. Steve advised they can call it games of skill, but some of us would call it gambling. Steve advised he felt it was a regressive thing like he felt the Pay Day Loans were regressive and they take their tolls on the people who can least afford it.
Discussion by Russell included fees charged to the new grocery by the health department and so forth before opening.
Copley advised the grocery was paying the county for employing people to do health inspections. He advised his question was what did it cost the city to have this business located here as he didn’t see any additional services that they city would have to provide in order for him to be open. He advised this was his problem with charging the fee was that the city was not incurring any additional cost at this time. He advised if that changes in the future, such as additional patrol, they could reevaluate the situation at that time.
Lapehn advised there was additional tax on cigarettes and alcohol.
Copley advised he believed those funds were designated for health programs.
James advised he wasn’t going to die from pushing a button versus smoking a cigarette.
Copley inquired if this money could be put toward programs to help (with such things as gambling addictions).
Lapehn advised he sees it as a bad business for the city and bad for families and part of him says who cares let people do what they’re going to do however, the other part tells him that he sees so many families with problems unresolved and violence occurs because of financial situations and he sees it as state sponsored gambling in our city and you don’t even need a car or a plane ticket to get there as its within walking distance. Lapehn advised he hears people ask what about the south end of town and he would rather the city be proactive and not wait for problems to occur by making a statement ahead of time as to where they stand as many other communities have done.
Telford advised she didn’t believe it could be called the south end of town and she inquired if Rittman charged the bars any kind of fee.
Boggs advised no.
Telford advised the city was not receiving any tax money from liquor sales and they have never charged the bars for opening up a business in town.
Lapehn advised they are controlling them by telling them they can’t sell alcohol on a certain day, which takes away a percentage of their profit.
Telford advised but they (the city) weren’t getting anything (financially) and she felt these types of businesses (bars) were more detrimental to the people than this (games of skill/gambling).
Lapehn advised he believed the city may be getting some funds although he didn’t know the whole pipeline of taxes on alcohol.
Telford advised it wouldn’t be as direct as this legislation.
Lapehn advised but he did believe some of that money comes back to them because they were state sanctioned and what he really wanted for these (gambling) businesses was for the state to take control and do something statewide as well and then there would be a law that would cover everyone statewide instead of each municipality doing different things. Lapehn advised in the meantime, he felt this was a fine ordinance.
James advised he hasn’t heard any complaints from the church next door to this establishment as he felt they would be the first ones to complain. James advised he felt a bar would bring in the lower class people before this type of business. James advised bars take more time away from police officers than this kind of establishment so he didn’t see how they could charge an establishment like this a fee if they haven’t had a reported problem.
Telford agreed and indicated those leaving bars could cause more problems by going home out of control and affect their family members and their neighborhood.
Copley advised one of his concerns was how imposing a fee onto an establishment is going to prevent people from going there other than closing it down. He inquired if that was the purpose of this legislation.
Lapehn advised if we get paid $5 per machine, it might be a discouragement to put in 500 machines.
Copley inquired if the goal was to shut them part way down.
Lapehn advised no, although he wouldn’t mind them leaving town because he had plenty of information regarding gambling addictions. He advised it states 3% of American adults nationwide have a severe gambling problem and 3% of the adults in Rittman would be approximately 120 adults. Lapehn inquired why put it right in the heart of the city and attract that problem. Lapehn advised the other issue was (for those with a gambling problem) when you run out of money to

gamble, you look for money wherever you can, causing another activity that would not be above the law in order to continue to gamble.
James advised he felt (Lapehn) was skirting the issue and inquired if the purpose of this legislation was to shut the place down. James advised he felt he was still beating around the bush and he wanted a straight answer. James advised you said you personally would like to see them leave, but I want to know…quit beating around the bush like you always do and give us a straight answer for once Richard.
Lapehn advised yes, personally he would like to see them removed, but inquired if it was his job to do that no, I want…
James inquired if that was the purpose of this legislation Ord. No. 7446.
Lapehn advised no, that was not the purpose. Lapehn advised $500 a year and $5 per machine was nothing for these successful companies because the machines were rigged ahead of time and again you have an 83-millisecond window to make a decision on a “skill-based” game. He advised he would like to see the person who has the skill for an 83-millisecond window to make the decision when they see the fruit line up and hit the button at just the right time.
James advised he appreciated getting a straight answer.
Telford advised she understood that (Lapehn) personally doesn’t want this (business), but she feels that her job on Council was to do things for the City of Rittman and she thinks part of that was getting business into town. Telford advised this was a business like any other business and she didn’t think they should treat them any different than any of the other businesses. Telford advised whether she felt it was right or wrong morally, whether it would hurt people or what, it was a business and that should be our first thought, we treat them as a business.
Steve inquired if Mrs. Telford would feel differently if they were discussing a strip club or an adult bookstore.
Telford advised we don’t anything (in our ordinances) against it so maybe we better work on that one before they want to come in (to our city).
Steve advised he agreed with Lapehn as he felt they would be better off without gambling and it was an argument over semantics whether it was a game of chance or skill. Steve advised from all the literature he has read, the people who make these machines have found a loophole in the state law and they are exploiting that loophole and slot machines were voted down in the state and this was an ongoing battle. Steve advised there were valid arguments, but he personally has known people with gambling addictions and it has cost their family great pain and great financial loss. Steve advised because of Lapehn’s vocation, he probably sees a side to that most of us don’t. Steve advised he could say that we would probably better off without gambling in Rittman and that was why he was going to vote for the argument. Steve advised he didn’t believe this ordinance will prevent (gambling) and he didn’t believe it would run them out of business, but he felt it makes a statement that we would prefer not to have that type of business the same as he would prefer not to have a strip club or an adult bookstore, he would prefer not to have gambling in Rittman.

Lapehn moved to place on third reading, upon roll call; Steve-Yes, Telford-No, James-No, Lapehn-Yes, Russell-Yes, Copley-No, 3-3 tie, and Mayor Robertson-Yes and motion carried.

Mayor Robertson suggested Council consider a use for these monies such as programs at the recreation center related to gambling problems or addictions.
Russell advised he understood the Police Department was required to get some sort of state license not normally required and suggested the funds be earmarked for that purpose.

New Business

1. Ord. No. 7449 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Amending the Annual Appropriation Ordinance No. 7423, As Amended According to the Attached Sheet(s) and Declaring an Emergency. Three Readings. Ord. No. 7449 was read on first reading. Copley moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried. Ord. No. 7449 was read on second and third reading. James moved to adopt, all Yeas on roll call and motion carried.

2. Ord. No. 7450 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Amending the Annual Appropriation Ordinance No. 7423, As Amended According to the Attached Sheet(s) and Declaring an Emergency. First Reading. Ord. No. 7450 was read on first reading. Copley advised he appreciated separating these two appropriation amendments to allow one to go through on emergency and the other to have three readings at separate meetings. Copley moved to place on second, all Yeas on roll call and motion carried.

3 . Motion to Go Into Executive Session to Discuss the Status of Hiring a Police Chief and Invite the City Manager– 8:18 p.m.
Russell so moved, all Yeas on roll call and motion carried.

4 . Motion to Come Out of Executive Session – 8:23 pm Telford so moved, all Yeas on roll call and motion carried.

City Manager’s Remarks
City Manager Larry Boggs advised the Wayne County Foundation approved a $6,000 grant for a CVSA for the Police Department, which was a Computerized Voice Stress Analyzer and the Rittman Moose generously donated another $2,000 toward this project and were awarded $3,500 from the courts on a drug case, which would finish paying for the rest of the project. Boggs advised they have enrolled two officers in classes to learn how to use the equipment.
Boggs advised as stated in his memo, the business, which is potentially coming to N. Main Street was having some difficulty with finding affordable flood insurance. Boggs advised they would be meeting with Wayne County to see what could be done. He advised unfortunately low interest loans were granted for this purchase and flood insurance was required even though no one can ever remember that building sustaining water, but it was in the 100-year flood plain determined by the government. Boggs advised the government is the underwriter for these loans and were quoting around $1,000 a month and for someone trying to start a business, it was quite an expense to incur. Boggs advised they were disappointed with this setback, but were hopeful they could work something out to suit all parties.
Boggs advised there were private citizens who recently donated approximately $5,000 to the recreation center for memberships for low income or needy people; residents and non-residents alike. Boggs advised the recreation center has strict criteria for their scholarships that you have to be a resident of the city to qualify among other things and this was a little broader. He advised the donation did not designate that the money could only be used for memberships, but was the donors first thought when making the donation. He advised the donors have stated it could be used for any type of needy project deemed necessary at the recreation center. Boggs appreciated this most generous donation and was very grateful for the recreation center being considered.

1 . Approval of Financial Report for May
James moved to approve, all Yeas on roll call and motion carried.

2. Finance Director’s Remarks
Finance Director Lucinda Mann had no remarks

Council Remarks
Council Member Richard Lapehn complimented Service Director Dave Simpson and Larry Boggs for the work they did to get the Community Development Block Grant funds of $30,000 from the Wayne County Commissioners for sidewalks on Medina and College Streets. Lapehn advised that was terrific money and he thanked them for all the work they did to receive that money for the City of Rittman and improve the City in that way.
Council Member James Johnson advised he was glad to see the funds for training in the Fire Department budget was increased and he thanked those who made it happen.
Council Member Steve Johnson thanked everyone for coming.
Council Member Faye Telford thanked everyone for coming.
Council Member Charles Copley thanked everyone for coming and invited them to come back.
Council Member Glen Russell thanked those who were responsible (O.D.O.T.) for getting the traffic light installed at Eastern Rd. and St. Rte. 57 as he felt it was long overdue and he was glad it was in operation as it was going to save lives. Russell inquired as to where we were at regarding the gas aggregation program with Interstate Gas Supply. Russell advised Columbia Gas was calling customers and trying to get them to switch back, but he would like to know what rate was going to be charged by IGS through the city’s program. Russell inquired as to what had to be done to get Ohio Edison to replace the light bulbs that are out at several of the streetlights throughout town.
Boggs advised he had one of the night shift officers compile a list and they have fixed a majority of that list, but there were still lights out and the City has to hire a private contractor to fix those lights. Boggs advised if someone needs to report a streetlight out, they should call City Hall.
Russell advised he knew a resident had a limb come down on a power line and inquired as to who should be called in that situation.
It was noted they should call the Police Department who would in turn call Ohio Edison or the appropriate company.
Russell appreciated the mosquito spraying from the Service Department. He appreciated the article in the Trading Post from the City Manager and advised he felt he did a swell job and he would like to see an article from him every week. Russell thanked the Moose and the private citizens who donated money to the city for different causes and advised he appreciated that very much. Russell thanked everyone for coming, as he was glad they were here.
Mayor William Robertson thanked everyone for supporting the opening of the grocery store and advised he received a lot of positive feedback on the new store. Robertson advised the WEDC was having their meeting at the Rittman Elementary School this month and was a chance to show off the new school building and he hoped to show them the new planters and other improvements made in the downtown area. Robertson congratulated Chamber Director Kim Field on the planter project as it was very successful and advised the Chamber sold all the planters. Robertson advised the second phase of building and planting would be soon and the Chamber was currently in the process of selling pavers and were considerably less expensive than the planters and he suggested anyone interested contact Kim Field at the Chamber Office. Mayor Robertson advised the Rittman Relay for Life would be this coming weekend and he hoped a lot of people would support that event with activities Friday night and Saturday morning. Robertson thanked all the city workers who helped with the demolition of Hauenstein Hall as well as the cooperation of the residents and advised everything went pretty smoothly and they tried to keep the dust to a minimum and the building was pretty well leveled now.

1 . Approval of Vouchers 46237 thru 46375 Including Then and Now
Certificates
Questions were asked regarding #’s 46278 & 46308. James moved to approve, all Yeas on roll call and motion carried.

Motion to Adjourn – 8:43 p.m.
Russell so moved, all Yeas on roll call and motion carried.