Rittman City Council Met in
A Regular Meeting
on Monday, August 13, 2007 at 7:00 p.m.

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

Presentation
Recognition of Police Officer Howard R. McComas II from Police Chief Mike Burg and EMS Chief Andy Baillis
Police Officer Howard R. McComas II was recognized for his heroism by effectively using an Automated External Defibrillator (AED) at the Rittman Recreation Center on a man whose heart had stopped thus, giving Rittman EMS and hospital personnel a viable patient who is expected to make a full recovery. Police Chief Burg and EMS Chief Baillis commended Officer McComas and presented him with a life saving ribbon he can proudly wear on his uniform along with a framed commendation.

Motion to Go Into Executive Session for the Purpose of Discussing Pending Litigation Regarding the Recreation Center Roof Over the Natatorium – 7:06 p.m.:
Telford so moved, all Yeas on roll call and motion carried.

Motion to Come Out of Executive Session – 7:53 p.m.:
James so moved, all Yeas on roll call and motion carried.

Approval of Minutes – July 9, 2007
Lapehn moved to approve, upon roll call; Steve-Abstain, Copley-Yes, James-Yes, Lapehn-Yes, Telford-Yes and motion carried.

Approval of Minutes – July 23, 2007
Telford moved to approve, upon roll call; James-Yes, Lapehn-Abstain, Telford-Yes, Copley-Yes, Steve-Yes and motion carried.

Workshop
a. Discussion of a New Supervisor for the Police Department
Police Chief Mike Burg advised he provided information to Council in their packets regarding his proposal and was available to answer any questions.
Copley advised his concern was that basically there would be three sergeants one of which would have a more senior position and inquired if there would be any animosity between the sergeants who have the same title, but one would be the others boss.
Burg advised that thought hadn’t crossed his mind and he doesn’t anticipate it happening and they would all have the same rate of pay.
Copley advised that was the reason for his question as they would all be paid the same, but one would have more responsibility and inquired if the administrative position would have more work to do.
Burg advised he wouldn’t say more responsibility although he was working on something to spread out the workload and even it up a bit.
Copley advised so it would not be a matter of the administrative sergeant doing a lot more work and getting paid the same.
Burg advised no.
Lapehn inquired with a chief & 3 sergeants if there would always be one of them on-duty.
Burg advised the goal would be to try to do that, but he couldn’t say one hundred percent.
Lapehn inquired if there was work he as chief was presently doing that the administrative sergeant would be doing.
Burg advised he would like to use him in that respect a little bit, but also to work together with him such as with our rules and regulations policy manual which needed to be updated and he would like to work together on that and get it developed and work up a process where it was reviewed on a regular basis as well as the Police Department’s Emergency Procedural Manual.
Lapehn inquired if this person would also be patrolling and how would their time be divided.
Burg advised it wasn’t really divided in blocks of time, but they would be required to respond to calls amidst their office responsibilities just as he is as Chief of Police.
James inquired as to how the testing would work as far as choosing the administrative sergeant versus the regular two sergeants.
Burg advised he didn’t know if they would just appoint one of them or look at their background or interview them. He advised he didn’t believe there would be a testing process because they would already be tested for the sergeant’s position originally.


Citizens Forum
Rick Hanlon of Olds Ave. advised he wanted to point out that 8 out of 10 of the items under new business were declared an emergency and he felt that seemed like a lot. Hanlon advised another issue he wanted to address was when he was trying to pull out of Stop-N-Go onto Main Street there were trees in the neighbors yard which block the view and he couldn’t see to pull out onto Main Street. Hanlon requested someone notify the owners about trimming the branches back for vision clearance. Hanlon advised there was a cluster of bushes on the Medina County side of Eastern Road at the traffic light at St. Rte. 57 & Eastern Rd., which when you are traveling south on St. Rte. 57 you cannot see the oncoming traffic and suggested someone be contacted to trim those bushes.
Boggs advised he would notify the property owners to trim the bushes.
Tim Stefanko of Salt Ct. advised he sees on the agenda they were about to pass the ordinance regulating amusement arcades and it looked to him they were gone and out of business and this was probably a moot point. He advised he would also like Council to consider what kind of message was being sent out to potential businesses that are considering locating in Rittman. He advised when a business wants to come here they contact City Hall and play by the rules and make sure they do everything legal and invest hundreds of dollars to open up a business and then 6 people, out of a town of over 6,000, decide they don’t like that kind of business in Rittman so we are going to change the rules and shut them down and run them out of town. He advised he felt it sent a very bad message to businesses in Rittman and something Council should seriously consider. He advised the only arguments he has heard against it were all made on a moral basis and he doesn’t look to City Council for moral guidance. He advised he felt the free marketplace works very well and what this country’s economy was based upon and that means that if the people of Rittman don’t want a business here they won’t support it and it would go out of business. He advised let’s let the people decide whether they want this type of business as he felt it should be the peoples choice and not the 6 people sitting on Council.
Lapehn advised he wished to respond to Hanlon’s comment about the legislation “declaring an emergency” as it was his understanding that was just legalese and means once it was passed by Council it goes into effect immediately. Lapehn advised if they don’t have the words “declaring an emergency” then something could be passed tonight, but there would be a 30-day waiting period before it would go into effect. He advised after three readings, which could take three months in the summertime it would be another thirty days. He advised if it were read once each in June, July, August, it would not go into effect until September.
Hanlon advised he wanted to bring it up because he wanted them to think about if they were going to do all three readings on all these issues.
Lapehn advised suspending the rules means to do all three readings in one meeting if five Council Members say yes to suspend the rules, but declaring an emergency doesn’t have anything to do with suspending the rules as they were two different issues and declaring an emergency just means the next day it would be in effect as opposed to a thirty day waiting period.

Old Business - None

New Business
a. Ord. No. 7453 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Amending Section 735.07, Amusement Arcades, to Create an Additional Section of the Codified Ordinances of the City of Rittman and Declaring an Emergency. First Reading.
Ord. No. 7453 was read on first reading.
Copley advised Bingo and card games were already controlled by the state and he felt this was in contradiction.
Boggs advised this amendment was prepared at the request from a Council Member at the last Regular Meeting.
James advised he requested it, but during the discussion thought it would no longer be necessary as they were controlled by the state or had to have the non-profit license.
Boggs advised card games could be played anywhere as long as the house wasn’t taking in any profits.
James moved to table, all Yeas on roll call and motion carried.

b. Ord. No. 7454 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Amending Sections 941.01, 941.12 (c) (1) and 971.04 (f) (1) to Include the Definition of Church and Provide for the Renumbering of the Subsequent Definitions and Establishing Tap In Fees for Churches and Declaring an Emergency. First Reading.
Ord. No. 7454 was read on first reading.
Copley advised the way section three and four read it sounded as if you had to have toilet facilities and kitchens and churches to be considered residential.
Copley moved to amend Sections Three and Four to read shall also include churches, all Yeas on roll call and motion carried. Lapehn moved to place on second as amended, all Yeas on roll call and motion carried.

c. Ord. No. 7455 An Ordinance of the Council of the City of Rittman, Ohio, to Approve the Editing and Inclusion of Certain Ordinances as Parts of the Various Component Codes of the Codified Ordinances; to Provide for the Adoption of New Matter in the Updated and Revised Codified Ordinances and Resolutions in Conflict Therewith; and Declaring an Emergency. First Reading.
Ord. No. 7455 was read on first reading. James moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried. Ord. No. 7455 was read on second and third reading. Copley moved to adopt, all Yeas on roll call and motion carried.

d. Motion to Approve a Conditional Sign Permit Request at 54 East Ohio Ave. for Ellner Enterprises.
Council discussed the size of the proposed sign, which would be five foot in height and four foot wide.
Steve moved to approve, all Yeas on roll call and motion carried

e. Ord. No. 7456 An Ordinance of the Council of the City of Rittman, Wayne
and Medina Counties and State of Ohio, Authorizing the Municipal Manager to Purchase a New Holland Skid Steer Loader and a Kent Hydraulic Breaker from Akron Tractor & Equipment Co. Inc., Akron, Ohio for a Sum Not to Exceed $38,877.16, Pursuant to the Ohio Cooperative Purchasing Act and Declaring an Emergency. First Reading.
Ord. No. 7456 was read on first reading.
James inquired if it was a necessity to pass this on three readings tonight.
Boggs advised they have lived without it thus far although during a water break last weekend it took the crew four hours just to break up the cement. Boggs advised he felt once they have this piece of equipment it would save them a tremendous amount of manpower hours.
Discussion continued regarding the model to be purchased. It was noted this was not a replacement piece of equipment, as the city crews did not already have one.
Utilities Director Metcalf advised they looked at a couple different options for what would be best when they were working on these water breaks and sometimes they would be pounding the concrete for 8 hours before they get to the waterline. Metcalf advised the air compressor was really old and they looked at the option of putting a breaker on the back of the backhoe, but the boom on it was cracked right now and they felt this was the best option.
It was noted, this vehicle would be able to be used in many capacities with the crews daily work.
Copley advised they were nearing the end of warmer temperatures and felt if they wait to have three readings over three meetings it would be the end of September before they could get this vehicle purchased. Copley inquired if it was anticipated he would need to use the vehicle in the next few weeks.
Metcalf advised he couldn’t predict, but he hoped not although there was not a specific project for which they needed it right away.
Steve advised he assumed it would come with a bucket and would be used for a loader as well.
Lapehn inquired regarding the cooperative purchasing act, if it was recommended to them the company from which to purchase this product through.
Metcalf advised yes, they tell us what company was offering the best cooperative price.
Telford moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried. Ord. No. 7456 was read on second and third reading. Copley moved to adopt, all Yeas on roll call and motion carried.

f. Res. No. 7457 A Resolution of the Council of the City of Rittman, Ohio, Granting a Tax Abatement Extension to All Creatures Veterinary Clinic and Declaring an Emergency. First Reading.
Res. No. 7457 was read on first reading.
Lapehn called for Point of Order regarding how many readings a Resolution requires. Lapehn advised the Agenda reads “First Reading and Adoption” and it seemed as if they were going around and around regarding a Resolution versus an Ordinance and how many readings were required.
Copley advised in past Council Meetings the Law Director explained that if they (City Council) were enacting something, it would require three readings. Copley advised he felt they were enacting something here. Copley advised if they were commending someone, it really didn’t amount to them (City Council) enacting anything and a resolution of that type would be a single reading.
Lapehn advised he didn’t want to keep going back and forth on this issue every other meeting. He advised he would like to do one thing one way whether it was three readings or one reading, but they have been doing three readings on resolutions recently and the reason he called for the Point of Order and would suggest they have three readings. Lapehn advised he didn’t see where having three readings would cause the abatement to (be voided).
Boggs advised there was no problem with having three readings.
It was noted, the current deadline for the abatement to be completed was April 1, 2008. It was also noted placing this ordinance on second reading would not prevent the owner from doing any work in the interim.
Boggs advised Mr. Markley had some problems with his contractor and was unable to complete the improvements by the previous deadline. Boggs advised Markley has cleared and leveled the land and was ready to break ground. Boggs advised Council has granted extensions to other entities previously.
Lapehn moved to place on second, all Yeas on roll call and motion carried.

g. Res. No. 7458 A Resolution of the Council of the City of Rittman, Ohio,
Granting Tax Abatement to John W. (Jack) and Rosie Blanton and Declaring an Emergency. First Reading.
Res. No. 7458 was read on first reading.
Copley inquired if any of this work has been completed already.
Boggs advised some of it has been done already, as there was a communication problem between Blanton and himself. Boggs advised the Blanton’s initially inquired regarding the CRA Tax Abatement and thought it was strictly for adding new employees and so they declined to submit an application at first. Boggs advised after speaking with them later on, he advised the Blanton’s it didn’t have anything to do with employees on a residential structure and they subsequently filed an application.
Copley advised he remembered during discussions when Crawford’s were applying for their abatement that he was warned not to begin any improvements until this agreement was passed.
Boggs advised there were a lot of state regulations when under the state contract obligation, but they were very lucky in that they (Rittman) were pre 1994 legislation and therefore it was strictly home rule. Boggs advised he agreed they should not get in the habit of having someone complete the work and then come to them for abatement, but he really doesn’t believe that is what happened here. He advised the Blanton’s still have a lot of work yet to complete.
Copley advised he thought they were limited to ten (10) years (abatement) on a residential request and not fifteen (15).
Boggs advised he believed it was fifteen and the CRA Committee approved them for fifteen, but Council could amend it if they wished.
Copley advised on the state website regarding CRA’s their summary indicated not more than ten years on a one/two family residential structure which invests at least $2,500 and twelve years for remodeling a multi-family dwelling or commercial investment properties. Copley advised the fifteen years was reserved for new construction of residential, commercial or industrial structures, which he believed was pre 1994.
Boggs advised he would look into that and get back to Council.
Copley advised they had another request later in the meeting asking for fifty percent abatement for five years and (this business) was actually adding six employees and here they weren’t adding any employees, but were giving one hundred percent abatement for fifteen years. Copley advised he felt there was an imbalance although he knows that was what was requested. Copley advised his concern was not one hundred percent in this case.
Boggs advised after talking with the other request (Tousley), the reason they decided to go with the lower amount was that it was an existing structure with an existing tax base. Boggs advised he (Tousley) didn’t want to undermine the school system on the acquisition costs. Boggs advised Blanton’s request was new taxes with the renovation, which the schools wouldn’t see until after the abatement was done. Boggs advised he understood Copley’s point, but was just giving him a reason for the difference in the request.
Steve advised he noticed in Wooster they offer one hundred percent as an incentive to get people to take over areas that have been neglected for a long time and where no one has invested money and that was what they needed to look at for these abatement requests. Steve indicated they needed to be more lenient with requests in these blighted areas in order to get them to invest their money.
Boggs advised they were continuing to work on the abatement schedule for the future as he felt that would make it much easier for everyone and they could be more consistent.
Telford moved to place on second, all Yeas on roll call and motion carried.

h. Ord. No. 7459 An Ordinance of the Council of the City of Rittman, Wayne
and Medina Counties and State of Ohio, Amending Section 747.05 (b) Fees and Declaring an Emergency. First Reading.
Ord. No. 7459 was read on first reading. Copley moved to place on second, all Yeas on roll call and motion carried.

i. Res. No. 7460 A Resolution of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Granting Tax Abatement to Jon Tousley for Tousley Properties, LLC and Declaring an Emergency. First Reading.
Res. No. 7460 was read on first reading.
Boggs indicated he needed to confer with the Law Director and clarify as to the language regarding the dollar amount of the abatement. It was noted Tousley was actually investing approximately $355,000 and the $185,000 was the fifty percent to be abated. It was also noted the resolution could be amended if necessary at the next regular meeting.
Telford advised it says he has to keep six employees and inquired as to how they would know if he were to drop one employee.
Boggs advised he as City Manager is required to meet with every business that has abatement and determine if they still meet all the terms and conditions and then send a letter to the county auditor. Boggs advised as part of that meeting he has to do inventory on the number of employees.
Copley moved to place on second, all Yeas on roll call and motion carried.

j. Res. No. 7461 A Resolution Accepting the Amounts and Rates as
Determined by the Budget Commission and Authorizing the Necessary Tax Levies and Certifying them to the County Auditor. First Reading.
Res. No. 7461 was read on first reading. It was noted, this resolution didn’t require three readings as they were not enacting anything, but rather agreeing with the auditor’s paperwork.
Steve moved to adopt, all Yeas on roll call and motion carried.

City Manager’s Remarks
City Manager Larry Boggs advised the street and utilities crews did a tremendous job last Thursday when there was a storm and several trees came down. He advised they were working until approximately 10:00 p.m. to clear the trees from the roadway and assist people. Boggs advised he believed they were very lucky and although they did lose some nice large trees of the city, there were no injuries reported. He advised there were a couple of close calls as a tree came down on a van being driven by a lady from Creston. Boggs advised the city crews did a tremendous job and he wanted to compliment them.
Boggs advised Chief Burg and he were looking for a consensus of Council as to whether they wanted him to move forward with hiring the new supervisor for the police department as a civil service test would need to be held for the sergeants position. Boggs advised Chief Burg was looking for guidance as to whether or not to hold the test for one person or two persons. Boggs advised he didn’t know whether Council was prepared to make that commitment or give him a nod one way or another, but they needed to know fairly soon what type of test to give.
James inquired if the test was given for two (sergeants) could the one remaining (current) sergeant take the test to advance himself to the administrative position.
Burg advised he had price quotes from three quality testing centers for the sergeant’s position, which would basically be the same test the current sergeant took to get his position. Burg indicated the administrative sergeant would be chosen from those three sergeants (one current and two new).
Steve advised he didn’t have a problem with going forward and if Chief Burg was comfortable with it, he didn’t have a problem with the request.
Copley agreed and advised he felt the structure outlined was good.
Council nodded approval all around.

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

b. Finance Director’s Remarks – No remarks.

Council Remarks
Council Member Richard Lapehn had no remarks
Council Member James Johnson had no remarks
Council Member Faye Telford inquired regarding the information provided on the cost of adding a road for a new section of the cemetery.
Boggs advised Council requested information regarding what it would cost to open a new section of the cemetery before raising cemetery rates and he included that information in their packet, but since there were so many items under new business he chose not to discuss it at this meeting. He advised they could discuss it at another meeting.
Telford advised she would like to get back on track with (adopting) the property maintenance code as she read of a small town that was getting it done.
Boggs advised he did find it and dust it off and it was rather in depth and would not be something they could just jump right on.
Telford agreed and noted there was a committee established previously. Telford thanked everyone for coming.
Council Member Charles Copley thanked everyone for coming. Copley advised he originally was on the property maintenance code committee and in his opinion they didn’t necessarily need a Council Member on the committee, as it would come to Council for final approval anyway.
Boggs advised he was behind it previously one hundred percent and was the one pushing Mr. Kellogg especially on the landlord/tenant issues.
Council Member Steve Johnson thanked everyone for coming. He advised he felt property maintenance codes were a good idea, but based on his experience in the building industry and owning apartments that they were going to find it was very difficult to write your own code and he felt they needed to go with an established code. Steve advised they should use the International Building Code as their reference and they shouldn’t try to reinvent the wheel. Steve advised he’s been in the electrical business all of his life and he wouldn’t attempt to write his own electrical code. Steve advised they should start with talking to a city that was already doing it and copy what they’re doing and if you don’t like something take it out.
It was noted previously Council was presented with the International Property Maintenance Code for a reference.
Boggs advised he has begun some enforcement actions by asking for the cooperation of some property owners to repair some structures such as retaining walls on Main Street, as there have been complaints on some sidewalks and a garage that was leaning quite a bit. Boggs advised these property owners have been sent letters asking for their cooperation at this time and if that doesn’t work they will (seek other avenues).
Mayor William Robertson had no remarks

a. Approval of Vouchers 46622 thru 46761 Including Then and Now
Certificates
Questions were asked regarding #’s 46629 & 46661. Lapehn moved to approve, all Yeas on roll call and motion carried.

Motion to Adjourn – 9:00 p.m.
Steve so moved, all Yeas on roll call and motion carried.