Rittman City Council Met in
A Regular Meeting
on Monday, July 9, 2007 at 7:00 p.m.

Invocation was given by: Sister Joan Rader, P.O. followed by the Pledge of Allegiance.

Oath of Office
Michael T. Burg – Chief of Police
Mayor William Robertson graciously allowed Council President Glen Russell to
administer the Oath to long time friend Michael Burg.

Public Hearing – 2008 Tax Budget
Finance Director Lucinda Mann advised they have gone over the tax budget with Council already and this was opportunity for the public to comment or ask any questions they might have regarding the tax budget
No questions were asked.

Approval of Minutes – June 11, 2007
Russell advised there was one correction where the minutes use the word tractor and it should be the word trailer during discussion of the Service Department Budget.
James moved to approve as amended, all Yeas on roll call and motion carried.

Workshop
1. Discussion of the 2008 Budget – Utilities and Recreation Departments
Utilities Department
It was noted, Utilities Director Metcalf was unable to attend due to a family
emergency and City Manager Larry Boggs advised he would try to answer questions regarding the Utilities Budget or get an answer for Council at the next meeting.
Russell inquired as to the engineering costs for wastewater increasing by 75% as to what projects were being proposed in 2008.
Telford inquired regarding engineering costs increasing 60% in the water department.
Boggs advised they were looking at doing the Milton Road Lift Station Project. Boggs advised they were looking into the possibility that they could install a “sleeve” and save 40% of the project costs. Boggs advised the increased engineering costs in the Utility Budget, was also due to other projects such as a waterline replacement on Industrial Street where an old waterline keeps breaking as well as if they decide the City needs a new water tower. He advised every time a project is decided upon there would be engineering costs involved. Boggs advised previously there were very few of these projects going on in the City and the reason for such a dramatic increase.
Russell inquired as to why there was a reduction in fuel.
Boggs advised he would talk with the Utilities Director and get an answer.
James inquired if the increase in overtime was due to the increase in salaries/in the water department.
Mann advised over the last few years they have had a lot more overtime due to water breaks.
Copley advised in a lot of the maintenance accounts especially in the sewer fund, there was a 20% increase and he inquired if that was due to older equipment or a price increase.
Boggs advised he would again ask the Utilities Director and bring an answer back to Council. He advised he asked for a list of five capital improvement projects from the water and sewer departments to be brought to Council and they could then determine what was the most needed projects. Boggs advised as well as some old equipment, which needed replaced such as the Sewer Jet, which was an expensive piece of equipment and they would be bringing that list to Council in the near future.
Russell advised there was no change in the budget as far as sludge was concerned, but it was his understanding there was something being done to reduce those costs in the future.

Boggs advised Utilities Director Metcalf was trying something new this year and he entered into a contract where there was an agreement for us to take in as well as get rid of, which greatly reduced the costs to the City easing the budget in that category.

Recreation Department
Recreation Director Ivan Kovacevic advised most of the changes in the proposed budget were related to the pool hopefully being reopened again and were figures, which basically revert to the ones before the pool was closed in October of 2006. He advised those include such things as lifeguard salaries and chemicals for the pool. Kovacevic advised the other increases listed were related to new programs they have taken on such as the baseball and softball programs, which include additional umpire/referee fees. He advised a lot of the anticipated increases in expenses were in direct relation to what they anticipate coming in with program revenue. He advised more teams mean more games, which mean more refs.
James inquired if the number of part-time salaries budgeted was enough as it was only approximately $5,000 over the ’07 budget.
Kovacevic advised it should be enough as often times he fills in for a position to save on budget. Kovacevic advised this estimate factors everything into the budget assuming they don’t have him covering the desk.
Copley inquired regarding the additional programs if they were spending more for the program than the net result of the program.
Kovacevic advised for the most part they try to implement programs that will break even until they are established and very few programs run with any kind of loss. He advised although Kids Corner may not completely pay for itself, it does bring in additional revenue through the adult fitness programs and through those who now have memberships who normally would not because they have the option of their kids being supervised.
Russell advised he sees where many of the maintenance/custodial work was being done in-house.
Kovacevic agreed and advised they have their own machine now for scrubbing and buffing the floors and it handles the majority of what needed to be done and for anything else they can hire outside.

2. Discussion of Increasing Cemetery Rates
City Manager Boggs advised a cemetery board meeting was held and it was discovered there has not been any rate increases since 1996. Boggs advised he provided Council with a list of what surrounding communities were charging as well as the recommended rate increases from the cemetery board. Boggs advised if Council agrees with the increases, it would come to them in ordinance form for their consideration and approval. He advised this would also give people time to take advantage of the current rates before the ordinance would be passed and go into effect.

Boggs advised the cemetery board would also like to have the rules and regulations for the cemetery revised and he and Mr. Gillman were working on bringing something to Council for their consideration before implementation. Boggs advised regarding the flat headstone section, as very few of those lots were selling, they were recommending a revision to the existing policy and allow more traditional tombstones in this section. Boggs advised this could open up a lot more gravesites they didn’t think they had previously and would not create such an urgency to get the new section opened although they still would like to proceed with engineering and get it started.
Copley inquired if the proposed rate increases were due to a requirement or just a matter of increasing them just because they were lower than the surrounding areas.
Boggs advised they were not in trouble with the cemetery budget or the cemetery endowment fund. He advised the rate increase recommendation was basically to keep more in line with our neighbors.
Copley advised one of his concerns was he felt it was a conflicting argument to let people know they would be increasing the rates and yet allow them time to purchase them at the old rate. Copley advised it sounded as if the rate increase wasn’t really needed, but they were just doing it to keep up with the surrounding towns and he didn’t feel it was necessarily a good reason to raise rates in his mind.
Lapehn inquired as to the balance in the cemetery endowment fund. He inquired if that fund was used to pay the salary of the cemetery employees.
Finance Director Mann advised the salaries were not paid from the cemetery endowment fund as that had to be some kind of capital expense such as 8’ of concrete necessary under each headstone or the purchase of equipment or installing a new road, etc. Mann advised the salaries or minor supplies or the electric bill were paid from the general fund. She advised currently the cemetery endowment fund had a balance of $97,000 unencumbered, which was supported by half the cost of a gravesite so, if grave sales were down, of course that fund would be down.
Boggs advised they could work on bringing Council a more precise estimate of opening the new section to give them a better idea of what it was going to cost.
Copley advised that would be more of a justification to raise the rates.
Mayor Robertson advised he has been getting some feedback from citizens regarding maintenance of areas, which weren’t opened up yet.
Boggs advised that was the first he heard that concern as the cemetery board felt the cemetery was very well maintained.
Russell agreed.
Lapehn suggested before changing the rules or enforcing the written policy in place, they should send out a notice to the residents because of the emotional impact of any change.
Boggs advised he felt the biggest issue the last time the policy was enforced was that it was done as a mass removal of items at gravesites without prior notice. Boggs indicated he would like to give some sort of notice to allow families time to gather their items before they were removed. He advised they would do as much as they could to make people aware of it before “jumping into it” (implementing and/or enforcing new or existing policies). Boggs advised he would provide Council with a more precise cost to open the new section so they could see how much the endowment fund would be (depleted).


Citizens Forum
Pastor Nichols, of The Life Tabernacle on East Ohio Avenue indicated they were getting ready to build a new church facility on Krabill Road and would like some relief from the tap-in fees, as they would be in excess of $30,000, which is the same as the commercial rate vs. the residential rate of approximately $3,000. Nichols advised he would like Council to review their policies and perhaps adopt a procedure for houses of worship that might help them and others in the future. Nichols indicated they would like to begin construction as soon as this issue was resolved.
Boggs advised churches were not specified in the residential rate or the commercial rate schedule of fees. He noted churches currently receive minimum water bills. Boggs advised no new church facility has been built in probably 30 years and he indicated there was nothing in the code related to churches specifically regarding tap-in fees.
Russell advised he felt they should go with what was charged for residential structures.
Copley advised recently Council waived the fee entirely for a school and speculated whether Council would be interested in the same for a church, which was also a public structure and something to consider.
James agreed and advised if they waived for a school he didn’t see why they couldn’t waive for a church. He advised this church has been in Rittman for a number of years and they wished to continue to be in Rittman at this new location.
Pastor Nichols advised they came to Rittman in 1992 as a temporary solution to overcrowding in an existing building and found they liked Rittman. Nichols advised they chose to sell several acres in Medina and remain in this city because it was a very nice place for them to be. He advised many of the families in the congregation have chosen to move to Rittman and are citizens and taxpayers in the city.
Tim Stefanko of Salt Court advised he believed they should set a general policy that anyone who fits the definition of a non-profit organization should be able to tap-in at the residential rate. Stefanko inquired if it made any sense, as they were trying to attract new business, to charge those kinds of rates to commercial enterprise for a one-time tap-in fee and suggested Council look at the commercial rate schedule as well.
Bonnie Kindig of Hilltop Drive congratulated Mike Burg on his appointment to Police Chief as well City Manager Boggs for the excellent job he was doing. Kindig advised she felt this was the first time in twelve years during budget discussions that the City Manager has been willing to work with Council and give them all the facts and if he didn’t know an answer, he said he didn’t know and she was glad to see it finally happen. Kindig reiterated an incident from years past regarding the cemetery and a water problem where it was collecting in certain areas causing water to lay in and around some graves, which she felt was due to an allotment being installed. Kindig inquired if anything has been done (to correct this problem). Kindig suggested this situation be looked into to assure it has been corrected before adding a new section to the cemetery.
Boggs advised he was not aware of any such situation.
Russell advised he remembered the situation and one such grave was moved to another cemetery and he witnessed three feet of water in the grave, which he believed was coming from under Rittman Road from a pipe. Russell advised the family wanted the grave to remain in Rittman Cemetery, but for some reason the cemetery board would not allow them to move it to another Rittman gravesite although the family was willing to pay all expenses.
Mayor William Robertson thanked those who commented as well as everyone for attending.

Old Business
1 . 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. Third Reading.
Ord. No. 7446 was read on third reading.
James advised he has had a lot of people come to him recently regarding this issue and with all the vacant buildings in town they were concerned about this becoming a gambling city. He advised with this being brought to his attention and the number one concern was the old bowling alley, he felt it was a good time for this Council to go ahead and adopt this (legislation) and get some money back out of it.
Copley advised his main concern was with additional fees, patrons could then be receiving less payout amounts, as it was the main goal of the business owner to make a profit and actually harm those they were trying to protect. Copley advised upon further review of the ORC, as he was under the misunderstanding that they (city) didn’t have the authority to ban it completely. He advised because they were home rule, they could not contradict the Ohio Revised Code, but they could be more restrictive. He advised rather than charging increased fees, he would prefer to ban these establishments altogether.
Discussion continued regarding decisions the state has or has not made regarding regulating these gaming establishments. It was noted, the state was looking at capping the dollar amount allowed for a payout per machine.
James advised he would agree with banning these establishments if at all possible. He advised he would definitely like to see under 735.07 (a) & (b) requiring 21 years of age minimum and the addition of no operation on Sunday.
Telford inquired if banning these establishments was legal.
Boggs advised he heard comments that several cities have been sued because of how they handled some of these situations regarding these businesses although he wasn’t sure that was one hundred percent accurate. Boggs advised he felt they had to defer to research. Boggs advised if they pass an ordinance, which bans these establishments, as they were a Charter city, would they have an issue with grandfathering, as there was an existing business (before passage of such legislation).
Copley advised from what he has read, all the cases dealing with cities being sued and so forth were when cities interpreted these machines as gambling devices, which is not correct according to the Ohio Revised Code. Copley advised he was not able to find any cases where cities didn’t want gambling and they didn’t want games of skill. Copley advised he didn’t believe anything could be found in the ORC, which says they have to allow games of skill in their city. He advised they could not say these were gambling devices and that was why we don’t want them.
Mayor Robertson inquired if they would lose pinball machines.
James advised pinball machines don’t give a payout, but a point total.
Robertson advised they could be considered games of skill.
James advised he felt pinball fell under arcade games and not a game of skill.
Russell advised he didn’t feel the city needed this type of business nor did they need to offer this type of “skill” to the community. He advised he knew other cities were fighting to keep these businesses from coming into their city and have set fees quite a bit higher than what they were proposing. Russell advised he would rather see people spending their extra money on their families rather than putting it into these machines. Russell advised he would like to see this legislation passed, but he would like to increase the fees more than $500.
James advised he believed the games of skill business on Main St. had a non-profit license (501©) and this was how they were able to hold some of the bingo and card tournament games.
Boggs concurred and advised the 501 © was a must to be able to hold such card and bingo games and was not for the game of skill machines to the best of his knowledge.
Robertson advised 100% of the profit had to go to a non-profit organization designated on the 501©.
Russell advised if these businesses were going to be here then he thought they should increase the fees.
Discussion included where to set the fees for these establishments.
James advised his concern was he didn’t like increasing fees in order to “run a guy out”. He advised he would rather ban the business altogether.
Copley advised they might raise the fees and run someone out and yet someone else might be willing to pay that price, as they know they can “make it up”. Copley advised raising the fees doesn’t really accomplish that and he doesn’t really want to see all of our empty buildings inhabited by game parlors to the point where it wouldn’t be safe for people to walk on the streets in this town.
Telford inquired if there have been any problems.
Boggs advised it was his understanding there was a reported break-in at the S. Main St. building.
Copley advised he didn’t believe they would have a lot of problems with just one or two of these (establishments), but they do have a lot of empty buildings in town. Copley advised empty buildings were easier to rent to someone who might be fly by night and he didn’t want to see them all fill up with gaming parlors.
Richard advised he liked the direction of the discussion, but they (as taxpayers) pay a lot of money for attorneys to look at this at the state level in Columbus and he had hoped someone would have sent out a memo to local municipalities stating if your Charter says this or that, then you can do this or that, giving some options. Lapehn advised he hasn’t heard that yet and it appeared as if the state was still studying this issue and what he would be fearful of was some gaming institute suing Rittman for banning these establishments without some more research or contact with a higher authority.
Copley advised he found where Lima, OH has placed a moratorium on any new businesses (of this kind) opening in hopes that the state will step in and make them illegal on the state level.
Lapehn advised he believed something would happen at the state level, he just didn’t believe they had an idea of how to fight it yet. Lapehn advised they could always amend this legislation if necessary, as he didn’t know if in a month they would get any clarity from Columbus on this issue. Lapehn advised right now he would be opposed to the ban because he would be afraid of putting Rittman out there as the first municipality to ban such establishments. He advised it sounds like so many municipalities that have imposed all sorts of fees to at least collect into the city.
Discussion included whether these machines would allow cash payouts or if they would redeem a ticket at an office for their winnings.
Copley suggested a way to label each machine by serial number.
Boggs advised they were looking into getting some sort of seal for tracking purposes and someone would need to go in and count them every month. Boggs advised the owners have checked in at City Hall regarding zoning and sign permits and if any legislation prohibits them and he made them aware of this ordinance.
Russell advised under the licensing requirements stated in this ordinance it says knowingly allow gambling on the premises and could not be convicted of a crime of moral turpitude. He inquired as to how they would know whether these people were free of crime.
Boggs advised part of the licensing application process would have to include a police background check.
Telford inquired if they would be grandfathered.
James advised until January 2008.
Russell advised that was for the one located in town before this legislation, but any business after this was passed would have to pay.
Bower advised he didn’t have it in the original draft, but a previous meeting of this Council told him to put it in the date.
Discussion included that it should be effective upon passage.
Bower advised the last clause would make it immediate, he would just delete the date.

Telford moved to amend the annual fee to $1,000 and the monthly fee to $50. per machine and the age shall be a minimum of 21 yrs and no operation on Sunday, and delete effective January 1, 2008, all Yeas on roll call and motion carried.
James moved to adopt as amended, all Yeas on roll call and motion carried.

James requested a separate ordinance stating Bingo and card games were prohibited.
Bower advised if they have a valid 501© it would be pretty tough for us to stop it, as long the business comports with it by giving the money to some non-profit organization. Bower advised regarding Home Rule as recently there was a case regarding installing cameras in school zones for traffic tickets, as you would think controlling speeders in a school zone was local concern. Bower advised last year Dayton had a single case of predatory lenders and sub-prime and the Supreme Court struck that down. Bower advised a couple of years ago they lost the power to control oil and gas wells in Rittman as it was pre-empted by the Ohio Department of Natural Resources. He advised asking him can this be Home Rule/Local, your guess was as good as his because the rules have been re-written over the last several years and he could go on with more examples. Bower advised the state has said it was a matter of statewide concern to control gambling, which would pre-empt any municipal provision.
Copley advised he believed that pertained to gambling and not games of skill.
Bower advised to play the devil’s advocate, the state could come back and say they control gambling, this was that provision, and games of skill are legal therefore, we pre-empt you Rittman from prohibiting the games of skill.
Copley advised at that point, they would be at a loss to control them, but at this point the state hasn’t said they cannot control games of skill.
Bower advised they don’t say we can.
Copley advised they don’t say we can’t.
Bower advised the state’s argument would be implicitly, since we’ve decided this is gambling and this is a game of skill, the state has legislated this and have pre-empted your Home Rule Policy. He advised that would be the argument, we (Rittman) would face. Bower reiterated a situation with a company that manufactures poker machines and approximately 8 years ago their stock was $5. a share and now it was over $100. a share. Bower advised they were looking at a lot of money and if they want to go to war, O.K, but they had to have bullets and troops.

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. Second and Third Reading.
Ord. No. 7450 was read on second reading.
James inquired if they were approaching a deadline and needed passage that night.
Mann advised the expenditures and revenues needed to be sent to the county before they pass the ordinance for spending the money for the recreation center roof. She advised this was the only reason she was asking for second and third reading otherwise she could have waited until the meeting in August.
Telford moved to suspend the rules and have third reading, all Yeas on roll call and motion carried. Ord. No. 7450 was read on third reading. James moved to adopt, all Yeas on roll call and motion carried.

New Business
1 . Motion to Approve the Renewal of the Placement of Farmland in an Agricultural District for Parcel Numbers 36-00610.000 and 62-00005.000 for Melba I. and Richard D. Miller Trustees.
It was noted, this property is abutting the Rittman Cemetery to the west. James so moved, all Yeas on roll call and motion carried.

2. Ord. No. 7451_An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties, Ohio Approving the Issuance of Notes from National City Bank for the Roof Repair to the Municipal Natatorium and Declaring an Emergency. Three Readings. Ord. No. 7451 was read on first reading.
Russell inquired as to what would happen if they sell these bonds and then they win the lawsuit, what would happen to the bonds and if they were still obligated or could they pay it off.
Russell inquired if the lawsuit was won, they could pay the notes off.
Mann advised these were notes and yes that was correct, and they would not have to issue bonds as they were in anticipation of…
James inquired as to where the figure of $506,000. was coming from.
Boggs advised that was the bid plus 10% contingency.
James advised he would like to Table this ordinance until after they pass the ordinance to accept the bid of the contractor. James inquired if they don’t hire the lowest bidder of Knoch Corporation and what if this amount of money isn’t enough.
Mann advised they have to have the revenues in place before they can have the expenditure. Mann advised if this amount isn’t enough they would have to come to back Council at a later date.
Bower advised they have to secure the money before they can appropriate the money.
Copley inquired if they were to lose the lawsuit, where would the money come from to pay this back.
Mann advised out of the capital improvement fund.
Copley inquired if the city could afford to do that.
Bower advised we don’t have a choice.
Mann advised it would be paid through the sale of bonds over a 20-year period. Mann advised this ordinance was notes in anticipation of bonds, which was a stopgap measure. She advised it was one of those things where we either pass this ordinance or we could not fix the roof. Mann advised whether we would be forced to increase our city tax rate or the way in which we give allowances for our tax rate, if we saw we weren’t going to be able to fulfill our obligation. Mann advised she could not foresee the outcome of the lawsuit. She advised either we don’t fix the roof or we fix the roof.
Copley advised that was his concern. He advised to him it wasn’t such a matter of passing this ordinance, but passing it in one night because they were spending half a million of taxpayer dollars. He advised he had some very big concerns because there was an unknown and while he hoped it ended in our favor, there was an unknown. He advised he didn’t want to gamble with the taxpayer’s dollars and he would have a concern passing it in one night.
Russell advised in order for the recreation center roof to be fixed, this had to be in place, as the contractor wouldn’t start without the money.
Mayor Robertson advised they were looking at opening the pool in October now and if they delay it another month they were looking at November and then December. He advised he would be concerned about weather issues in November & December. The Mayor advised this has been out there for a while and they have been talking about the recreation center and they need money to fix the roof.
Russell advised he normally doesn’t like to pass something on three readings in one meeting, but in this case he didn’t feel they had any other alternative if they were going to get the roof on.
James advised he was concerned they were going to have to raise taxes because of this, as it was the big unknown. He advised what if it turns into a Sterling water issue.
Russell advised just pray we win the lawsuit.
Mann advised if we don’t replace the roof, as the recreation center was already going through so much money now that it would be a moot point. She advised the general fund would end up picking up any shortfalls because they don’t have the income from the pool.
Mayor Robertson advised another winter on that roof, the whole thing could come down.
Copley advised his concern was not spending the half a million dollars, but rather not giving the public opportunity to speak on the issue by passing it with three readings tonight.
Recreation Director Ivan Kovacevic advised if they delay this anymore, they would be looking at the construction phase going into winter and it wouldn’t be open until next spring and he believed the public would be upset and he felt it was time to move forward.
Bower advised as far as these bonds were concerned, they were on a real tight timetable and had only until the 13th of July. Bower advised he understood what Mr. Copley was saying, but what would it really gain them to allow the public to comment as who did he think would comment and what would those comments be.
Copley advised that was the unknown and the public had a right and the reason in the Charter we require three readings so the people have a chance to comment. He advised it didn’t mean that whenever it suits our needs, we pass it in three readings. Copley advised if it were a piece of fire equipment the city needed right now, we do that. He advised if it was the recreation center that yes, it might cost us more in the long run, but at least we gave the citizens an opportunity to come out in favor or against it whatever the case.
Mann inquired if he cost the city another $60,000. that would be O.K. and advised the recreation center was running approximately a $10,000. deficit or more a month and she felt it was worth it to have three readings that night. Mann advised she understood what he was saying and she was only putting this on the agenda this way because it was her understanding Council wanted to move on the recreation center roof and she worked real hard to get this ready for Council’s approval tonight.
Copley advised he understood the arguments on both sides, but his concern was not in one meeting.
James advised he didn’t like doing that either as he felt the public deserves to have a chance to speak and there was a man present who has stated before that he has to wait until the next meeting to comment and ask questions on new business. He advised if we pass it (tonight) he would not be able to ask a question if he does have one.
Hanlon of Olds Avenue advised he had no questions.
Lapehn advised if we wait a month and he receives ten emails with five in favor and five opposed or eight opposed and two in favor and he was still in favor of having (this legislation passed). He advised they have something in this city that was a real jewel when it was working right and was he going to come back and say, no he would like the pool plowed under and just have a fitness facility. He advised in his mind that was the choice and it was a pretty clear choice between the pool or waiting until this five hundred thousand becomes eight hundred thousand to build a new facility when the roof falls in and everything has to be dug out and people complain there was no pool at all. He advised if he received five in favor and five opposed, he would still be in favor because at this point he wants to have a recreation center that operates in town.
Russell advised he sees a dire need for this and there has been many a meeting where he didn’t feel they should have second and third reading on the same night because he didn’t feel they were emergencies, but he felt if they were going to have a recreation center and a new roof, they were in dire need to move forward with this (legislation). He advised otherwise he felt they should just say, we aren’t going to have a swimming pool because the roof was going to fall if they don’t get it done and if we delay it, the contractor was…well, I better not say anymore.
Telford moved to suspend the rules and have second and third reading, upon roll call; Telford-Yes, Lapehn-Yes, James-Yes, Copley-No, Russell-Yes and motion failed. (See Items (e) and (f) below)

3 . Ord. No._7452_An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties, Ohio Accepting the Bid of Knoch Construction for the Natatorium Roof Project and Declaring an Emergency. Three Readings.
Ord. No. 7452 was read on first reading. It was noted, they cannot pass this one without the passage of 7451, but they could move it to second reading as the funds had to be appropriated first.
James inquired where was the architect. He advised we are going to give the O.K. for a contractor and he has never seen a set of prints and he would like to know what was going on before he can vote to hire a contractor. James advised he could not agree that lowest was best as he felt lowest and best bid was what got them in this situation in the first place. He advised he felt they needed to spend a little more money and not necessarily jump into the bottom two on the bid sheet and get out of this lowest is the best phase and he felt proof at the recreation center right now was that the lowest is not the best bid.
Boggs advised he had the diagrams at a previous meeting available for review.
James advised what he had in his packet was just a letter from the architect, but he wanted to see a drawing. James advised he wanted to see an engineer approved drawing 20 pages and all.
Boggs advised it was made available at a previous meeting.
James advised he didn’t remember seeing it. He advised he wanted to have the architect in here and everything because it doesn’t seem right. He advised it might have happened, I don’t remember seeing prints, but I want an architect in here telling what’s going to be done. He advised he wants to go through it all, because he knows they did it when they built the recreation center and he didn’t remember seeing prints. James advised he wanted to see finalized engineering drawings before he could allow a contractor to get a hold of ‘em as this was his biggest problem. James advised also “lowest ain’t the best” and he can’t vote for the Knoch Corporation because he felt lowest is best got us in our situation on our $506,000 bond issue.
Robertson advised they hired an architect who did due diligence on background.
James advised he still picked lowest and best and I can’t go along with that. He advised let’s spend a little more money and get out of this lowest is best thing in the City of Rittman. He advised he believed he could name three buildings right now that there are definite problems with because of lowest is best.
Mayor Robertson advised more expensive wasn’t necessarily better.
Boggs advised now that the bids have been received, if there was no real reason to bypass the lowest figure, it might become an issue in litigation where they would have legitimate grounds for $30,000 to $40,000 because we didn’t accept the lowest bid.
James advised he understood that, but he felt calling it “lowest is best ain’t right and that was why I am not in favor of the Knoch Corporation because I am in favor of spending more money to get out of that.”
Copley inquired if it was possible, since this is moving to second reading, if they could have a representative here at the next meeting.
Boggs advised he told the architect he didn’t believe it was necessary to be here tonight.
James suggested a member of the Knoch Corporation and the architect be available at the next meeting. He advised he wanted to be able to pretty much drill the architect on it to ensure this ain’t going to happen again.
Telford advised you think you’re qualified.
James advised he has architectural certification from the career center and I do believe I can ask the architect questions and I believe I am going to ask the questions if he can be here.
Russell advised he believed when the natatorium was built we took the highest bidder the last time and he put the roof on and the reason we have the problem now. Russell advised he believed they needed to look at another contractor to do the work.
James agreed and advised he didn’t think they always needed to go with the lowest and spend the least amount of money to save a buck and end up in possible conflict.
Telford inquired if it was not part of the lawsuit to find out who is at fault for this roof, as they didn’t know if it was the architect or the contractor or someone else.
Boggs advised yes, they were all pointing their fingers at each other.
James advised his point was, why was this city always stuck on lowest is the best.
The Mayor advised public bidding was lowest responsible bidder and unless they can prove someone is not a responsible bidder based on past performance or history.
James indicated other buildings in the city have been built by not the lowest or highest bidder.
Robertson advised they were talking about the Knoch Corporation and if they have a reason to not believe they are a responsible bidder, we shouldn’t accept them, but…
James advised he felt they should have a representative from all the bidding companies.
Russell advised James that he couldn’t criticize the lowest bidder just because he was the lowest bidder.
Discussion continued whether the accepted bid from the construction of the original roof was the lowest or highest bidder.
James advised he wasn’t going to vote for the Knoch Corporation because the city had three buildings currently that the “lowest and best” had some problems with it in his eyes. James couldn’t recall the exact contractors who did the work on these other city buildings, but advised the EMS building was looking at expanding because of the “poor architectural structure of the building” and the fire department had a lot of “wasted space” because of the architectural structure of that building and now they were going with “lowest and best bids to fix a problem” and that just didn’t seem right.
Boggs inquired if Council had any interest in holding a Special Meeting in order to move this forward and try to get the roof underway before another winter set in.
Telford advised she was going to suggest that they set a Special Meeting.
Copley advised the reason he did not suspend the rules was so that people had a chance to comment and everyone here knew that Special Meetings do not bring people out. He advised the last issue he voted no to suspend the rules they held a Special Meeting and was anyone there then and added most likely not.
James advised he remembers the recreation center being built in November when he was still going to school. James advised construction work runs all throughout the year and that was why they got paid the high dollars.
Telford advised this has been going on for a long time and she sure would like to see it settled.
James advised they were just now starting to get the money.
Telford inquired why didn’t they ask their questions when they started talking about all of this before.
James advised this was the first time he saw a monetary value set for the replacement of the roof. He advised the only other time they saw money was to pay the architect and to this day he didn’t see why they were paying him as he should be reporting to them and what was he doing, sending them a letter.
Robertson reminded him that the City Manager felt it wasn’t necessary for the architect to attend tonight’s meeting.
James advised we’ve had how many meetings on it and I don’t think this guy was worth the money to start with.
Telford inquired if they could have a Special Meeting next week to get this expedited.
Copley moved to place on second, upon roll call; James-No, Copley-Yes, Telford-Yes, Russell-Yes, Lapehn-Yes and motion carried.

4. Discussion of Setting a Special Meeting
Discussion followed regarding when Council could meet.
James advised he was unavailable all this and next week due to his work schedule unless Council wanted to come in at 10:30 p.m
Russell advised he was willing to come in at midnight in order to get this settled.
Telford advised she would be too in order to get this settled.
James advised they needed to make sure the public has adequate awareness and
he felt Copley was right regarding Special Meetings.
Telford advised they couldn’t wait until August to put this on the Agenda.
Robertson advised he could advertise a Special Meeting in his news article.
Lapehn inquired as to the deadline for the notes.
Bower advised the 13th which locks in the interest rate and everything.
Russell advised there would be a loss of $10,000 a month.
James advised if someone was willing to compensate him for the salary he would lose at work, then sure, because if he leaves any of the next three nights he would be taking a cut.
Telford inquired if he would pay the taxpayer for the money they would cost them.
James advised we could end up having to charge the taxpayers anyway.
It was noted, Steve was not present to state when he would be available.
Copley advised I am unavailable, sorry. He advised he was not available this week or next week.
Discussion continued regarding whether they could meet the 23rd.
James advised he would have to check his schedule.
Lapehn advised he was available however they would have to ask the Treasurer to come back with a new spec package for them from a new issuer. He advised they would be asking for at the meeting on the 23rd, a whole new bundle of note information be arranged to move it onto second and third reading.
Telford advised she didn’t like being responsible to the citizens of this town to not be able to get the recreation center (pool) open.
Copley advised he would have to check his schedule regarding the 23rd, as he wasn’t sure he was available.
Lapehn inquired if it was possible to get a whole new set of information available for the issuance of notes.
Mann advised yes, as this one was prepared last week and overnighted to her. She advised basically they would have to contact National City Bank as the interest rate was only guaranteed so many days in advance, approximately a week to a week and a half. Mann noted, the ordinance would have to be redone and all of the other paperwork and the attorney would be paid another $2,800 to redo all the paperwork.
Lapehn agreed and advised they have to check the city’s credit each time and review all of the expense sheets, etcetera.

5. Motion to Reconsider Suspending the Rules for Ordinance No. 7451
Copley so moved, all Yeas on roll call and motion carried.

6. Ord. No. 7451 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties, Ohio Approving the Issuance of Notes from National City Bank for the Roof Repair to the Municipal Natatorium and Declaring an Emergency.
Ord. No. 7451 having been read on first reading. Copley moved to suspend the rules, all Yeas on roll call and motion carried. Ord. No. 7451 was read on second and third reading. Telford moved to adopt, all Yeas on roll call and motion carried.

7 . Motion to Set a Special Meeting for Monday, July 23, 2007 at 7:00 p.m. in
Council Chambers for the Purpose of Second and Third Reading of Ordinance No. 7452 Accepting the Bid of Knoch Corporation for the Natatorium Roof Project and have Representatives Present from the Architectural Firm and the Proposed Contractor’s Company for Discussion. James advised he would make sure his schedule would allow him to attend this meeting. He advised now that the notes were approved, they needed to get the contractor hired and maybe after talking with “this guy” he would like him and reconsider his “lowest is not the best”. James so moved, all Yeas on roll call and motion carried.

8. Motion to Approve the 2008 Tax Budget
James moved to approve, all Yeas on roll call and motion carried.

9 . Motion to Approve Freshway Inc. DBA Rittman IGA of 220 N. Main Street for a Liquor License to Robert, Donald and Eileen Foutty.
Russell moved to approve,
It was noted, this was a commercial liquor license, which prohibits consumption on the premises.
Council President Glen Russell stepped out of the meeting at 9:05 p.m.
upon roll call; Lapehn-Yes, Copley-Yes, James-Yes, Telford-Yes, Russell-No Vote Given and motion carried.
Council Member Russell returned to the meeting at 9:07 p.m.

10 . Motion to Waive the Tap-In Fees for New Construction of The Life
Tabernacle on Krabill Road James advised if tap-in fees could be waived for a school, they should be for a church as well.
Russell advised he thought the new church facility should be charged the residential rates. He inquired for what school the tap-in fees were waived.
Boggs advised the Sterling Elementary School requested their tap-in fees be waived and Council approved their request.
It was noted, the school paid to run the line to Sterling and the City waived the tap-in.
Lapehn inquired if they weren’t charged double (outside city limits) the rate in Sterling.
Boggs advised yes.
Lapehn advised so they would receive double the funds back each month.
James advised they still voted to waive the tap-ins fees for a building not even in the city limits and here was a church that was dedicated to remaining in the community. He advised he felt if they were going to waive something for outside the community, they should for something that was “going to stick around”.
Russell advised he didn’t vote to waive the tap-in for the school in Sterling and he felt regardless of whether it was a church or not, he didn’t feel they should charge the commercial fee, but the residential fee would be sufficient as it was a new building.
James so moved, upon roll call; Lapehn-No, James-Yes, Telford-No, Russell-No, Copley-Yes and motion failed.

11. Motion to Charge the Residential Rate to The Life Tabernacle for the Tap-In to Water and Sewer in the City of Rittman.
It was noted the total cost would be approximately $2,825.00. It was noted, churches are charged the monthly minimum residential rate regardless of their usage.
James inquired of Pastor Nichols if he would be happy with the city charging him the residential rate for the tap-in fee.
Nichols advised absolutely.
Copley so moved, all Yeas on roll call and motion carried.
Copley requested an ordinance to change the fees charged churches for tap-ins be brought for Council’s consideration at a future meeting.

12. Motion to Go Into Executive Session to Discuss a Personnel Matter and Invite the City Manager – 9:12 p.m.
Copley so moved, all Yeas on roll call and motion carried.

13. Motion to Come Out of Executive Session – 9:18 p.m.
Copley so moved, all Yeas on roll call and motion carried.

City Manager’s Remarks - City Manager Larry Boggs had no remarks.

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

2. Finance Director’s Remarks
Finance Director Lucinda Mann thanked Council for reconsidering and passing
Ordinance No. 7451 for the issuing of notes, as well as passing the appropriation amendment Ordinance No. 7450.

Council Remarks
Council Member James Johnson thanked everyone for coming and thanked those who stayed until the end of the meeting. James advised he felt there should be a letter sent from all of Council and the Mayor congratulating Police Chief Burg on his new position. He advised he would also like to see a letter go out to Ken Mann thanking him for all of his community service he does throughout the year outside of working for the city.
Council Member Faye Telford commended Ken Mann for his work with the Boy Scouts and their camping. Telford advised they were provided information on land available from the Wayne Economic Development Council and suggested any land the city chooses to develop be in the Rittman School District.
It was noted, the city had no control over the school districts.
Copley advised he didn’t want to tie Rittman’s hands and prevent growth in the city to try to force it be located in the Rittman School District, but if the opportunity presents itself.
Discussion included the school districts of land available in Rittman.
Boggs advised unfortunately most of our areas, which are undeveloped, are in the flood plain, which create a major headache. He advised it was a little easier if they weren’t below the flood plain by a tremendous amount. Boggs advised the old Mainway Market has been identified as 5’ & 6’ below the flood plain and to build in the surrounding area would require you to build up the property 5’ or 6’. Boggs advised the old MDM store on Sterling Ave. has a new owner and has been totally revamped and a tremendous job has been done on the remodel.
Telford thanked everyone for coming. Telford advised she has only seen one new “Welcome to Rittman” sign so far, but she felt it was placed too high and she doesn’t drive a truck. She advised she actually missed it the first time through because it was higher than her eye level and suggested they be lowered.
Boggs advised he felt they were placed at standard height, but he would have Service Director Simpson look into the situation.
Telford advised otherwise she felt the signs looked very nice.
Council Member Charles Copley thanked everyone for coming. He advised with regards to Rotary Park by City Hall, the memo stated a cigarette receptacle would be added and he felt that would not be proper to install according to the new smoking ban. He advised he felt they should make sure it doesn’t get placed in our public area. Copley advised people aren’t to be smoking in a public area anyway and he felt it might encourage them to do so.
Council Member Richard Lapehn thanked Councilman Copley for his reconsideration of Ord. No. 7451. Lapehn thanked Finance Director Mann for all of her hard work in light of her father’s illness and all the work she was doing working evenings keeping things going for the city, as he appreciated it.
Council Member Glen Russell thanked everyone for being here. Russell advised there was a weed situation that needed to be addressed in the (Hills-n-Dales) allotment by the High School where there were a few vacant lots.
Boggs advised he wanted to make Council aware that he changed policy regarding the city’s weed ordinance. He advised if there was a vacant lot beside an occupied house, they would continue to force the owner to cut the grass, but if there were just vacant lots, he has not placed an emphasis this year on forcing them to cut their lot.
Russell advised he felt they should all be mowed because of the mosquitoes and if there was an ordinance stating they were required to mow, people would be confused as to whether they should mow or not if he makes exceptions to certain people.
Mayor William Robertson thanked Council for their discussion on the recreation center ordinances, as it was a huge issue and they did due diligence and served their constituents well by having discussions and considering expenditures. He advised he felt that was great that due to the discussions they were able to go back and pass that ordinance. He advised we all needed to be very hopeful that we win the lawsuit, as it was a huge risk and we were all doing the best we could for the citizens right now. Mayor Robertson advised Planting Day downtown would be Saturday, July 13th at 9:00 am and he encouraged everyone to come out and help. Robertson advised he didn’t know how many watch WOIO and have seen the commercial for the weather, as there was a lady named Arlene from Rittman plugging the weather and there were all these shots of Rittman such as the water tower, Bauman’s Orchard and the shopping center. He advised he didn’t know who Arlene was, but she was getting some free advertising for Rittman. He advised the Sleepwalker Festival was coming up on Thursday, July 26th & Friday, July 27th and should be a great time and the Chamber has been working really hard. He advised there would be a new 3 on 3 basketball tournament and a long drive contest. The Mayor reminded Council there were three seats up for the election in November and petitions were due mid August. He advised the Sleepwalker Festival was always a good time to get those petitions out if you were considering running and he certainly hoped there would be candidates for those seats. He advised to spread the word around that there were open seats.
It was noted, Council Member Russell already filed his petition with the Wayne County Board of Elections and would be a candidate on the ballot this November.

1. Approval of Vouchers 46376 thru 46621 Including Then and Now
Certificates. Questions were asked regarding #’s 46471 & 46475. James moved to approve, all Yeas on roll call and motion carried.

Motion to Adjourn – 9:33 p.m.
James so moved, all Yeas on roll call and motion carried.