Invocation was given by: Dr. Jerry Burton, Pastor followed by the Pledge of Allegiance.

Approval of Minutes – February 11, 2008
Johnson moved to approve, all Yeas on roll call and motion carried.

Workshop
a. Discussion of Utilities Department Cost Saving Measures
Utilities Director Cary Metcalf gave a breakdown of cost saving measures in the utilities
department and advised the practice in the past has been to replace or repair pumps and motors with the same kind of equipment for ease of installation and uniformity for maintenance purposes. He advised they now search different equipment manufacturers even if they have to fabricate or modify the system and this has resulted in substantial cost savings. Metcalf reminded Council the water plant and the wastewater treatment plant were in continuous operation twenty-four hours a day seven days a week and these pumps were in constant use.

• Saved $6,274.00 by making some minor modifications to equipment for a much needed influent pump and motor replacement.
• Saved $6,746.00 by making some piping and plumbing changes to a return sludge pump and using in-house labor.
• Purchased a used influent grinder and rebuilt equipment for a savings of $5,200.00.
• Contracted with a farmer to land apply sludge to OEPA approved land and saved $12,473.00 from May to Dec. ’07.
• Using city workers to install a water main on Wayne Street along with Issue II grant monies resulting in a cost savings of $33,768.00.

Metcalf advised other cost saving measures implemented have been:

• Installed an old pump not in use saving maintenance costs and the possible purchase of another pump.
• Rebuilt scrapers and skimmers on WWTP clarifiers fabricated by Mull Iron resulting in a substantial cost savings.
• City personnel have inspected all water line projects saving expensive engineering costs.
• Converted one aeration tank at the WWTP to a digester tank reducing sludge hauling events.
• Installed VFD units to applicable pumps and motors at the water plant, water distribution system and wastewater plant saving on energy costs.
• Met with the maintenance employees of both the service and utilities departments concerning work routines and procedures to emphasize cost saving measures in their daily routine.

Metcalf recommended they develop a plan to evaluate long-term capital cost expenditures.
He advised this could save the city substantial costs now and in the future due to the sizable annual increases in equipment and construction costs. Metcalf advised when the carryover balance was not earmarked for a specific project or was not quite enough to complete a large capital improvement project it looked as if everything was fairly good except they weren’t doing any capital improvement projects and the next year eats away at that carryover balance. Metcalf indicated the City Manager, the Finance Director and he have had some discussions regarding earmarking capital items they knew would be coming up such as purchasing a sewer jet, sewer rehabilitation within the collection system, waterline replacements and other equipment that needed to be replaced. He advised he would like to plan ahead and designate a certain percentage of the carryover balance for capital improvement projects and hopefully they won’t be caught thinking they have what they don’t actually have and not have money to do the projects as costs keep rising.
Council Member Beaumont inquired if there were long range plans for the utilities department such as a five or ten year plan for replacement.
Metcalf indicated they do have long range plans and have filled them out religiously in the past, but there were always emergency projects, such as waterline replacements, that seemed to come up and it has been difficult to stick to the actual plan. He advised or there wasn’t enough money to do the planned project and it was put off for a year, but the next year they find out they have even less of a carryover balance due to inflation or other reasons. Metcalf advised they have a list of waterlines that needed replaced and there were sections in the sewer collection system that needed repaired. He advised they do know where they stand with the list, but he believed they needed more interfacing with the City Manager, the Finance Director and Council on how they needed to proceed.
Boggs advised they needed to (televise) the sewer lines to see where there were breaks or cracks. He advised one of the big problems was that during heavy rains they get overwhelmed with rainwater in the sewer lines and that shouldn’t really be happening. Boggs advised they didn’t know where to start fixing if they don’t know where the damage was located. He advised he felt they needed to get back on that program.
Boggs advised another issue was the Utilities Director was trying to budget and plan for the screens that are needed at the wastewater treatment plant and that would save some man-hours as well as wear and tear on equipment. Boggs advised it was estimated the screens would cost approximately $110,000. Boggs advised he knew in three to five years the (1992) sewer jet would need replaced and would cost approximately $200,000. He advised these were just some of the few capital improvement projects, which they knew needed to be done in the immediate future.
Acting Mayor Copley advised not too long ago the city purchased a bobcat to break into the ground and save some man-hours and he inquired if there was any other equipment to help that process go quicker that would be beneficial to the city along the lines of video taping the sewers. He advised the current (video) system he assumed was still manual where you had to drag it through the lines by hand.
Metcalf advised larger cities had camera trucks and cameras on tracks with color and they tried to save money and manufactured their own by attaching a camera to PVC pipe and it didn’t last too long, but while it worked it was beneficial to them at certain times. He advised they looked at purchasing equipment, but it was expensive and possibly it would be better to contract the work out instead of them trying to do it, but he does continue to look at those kinds of things to see if they would be beneficial.
Copley advised he believed the water meters were read monthly at every location and he inquired if it would be beneficial to estimate the bill every other month.
Metcalf advised they used to read the meters every other month and the problem they would run into was if there was a leak and the bill went up it wasn’t discovered for two months and it could go up substantially and they were hearing more complaints. He advised they probably spend the same amount of man-hours due to touch pads and radio reads, which was faster. He advised the Utilities Administrator used to have to enter the information manually and now it could just be downloaded into the computer software program. Metcalf advised there was a part-time employee who reads and the other guys still read to keep fresh on the operation of the system. He advised in the past they have looked at entering into an agreement with the gas and/or electric companies for them to read the meters and we learned we were paying a third of the cost of what those companies wanted to charge the city. Metcalf advised there were instances they had to estimate bills because something happens to the equipment, but he indicated those were rare. He advised he personally would hate to go back to that just for customer service reasons more than anything as they have the equipment and the technology.
Council Member James Johnson inquired if the firefly’s were still being installed and what percentage of the whole city now had these (radio read devices).
Metcalf advised yes, but they weren’t quite at 50% replaced and these units were becoming more expensive and in areas where they currently have the touch pads and wands he wasn’t in a hurry to change them to the firefly at this time. He advised they were installing them in new houses and in areas where they have the old generator meters where they have to get into the house to read the meter.
Copley indicated in regards to trash collection as they spend between $300,000. to $400,000 a year to have the city’s trash picked up and there were whole departments who don’t have that kind of budget and the last time the (refuse) contract came up he had a discussion with the previous manager about looking into (collecting) it ourselves. Copley advised unfortunately it was only about a month before the contract was up so there was absolutely no time to do that, but indicated at that time he was provided some rough numbers, but it was difficult to estimate the amount of actual rubbish being collected since there was unlimited pickup. He advised there was a little bit more time before the contract ends (Jan. ’09) and he felt it might be worth looking into. He advised he felt if they could create a couple more jobs in the city it would help as well even if they broke even he felt they would be creating jobs in the town and getting that benefit as well.
Metcalf advised it was something they could look into and he did know it was a large capital expense to purchase a truck and then there were landfill fees, but it might be worth taking a fresh look at it.
Copley advised it seemed as if every time the contract comes up there was a large increase and he wouldn’t be surprised if it was again and he felt it was something to consider since he felt they had time.

Citizens Forum
Charles Hoke of Wadsworth advised he wife hit a pothole in town on February 5th and it pretty much destroyed underneath the car. He advised he came to the city about paying his out of pocket deductible and he has spoken with an attorney and if he could (get reimbursed) for the deductible it would be good, if not he would have to go a different route because it bent the frame of his car and he felt along with the police harassment he went through when he was trying to check the damage to his wife’s car...
Copley inquired of the City Manager as to what has been the city’s policy.
Hoke advised Selective Insurance denied the claim on liability, but he found it hard to believe that three shifts of police cars that they can’t find a pothole large enough to swallow up (a car) and the hole was now patched. Hoke advised he didn’t know if it was the city’s fault or Crawford’s because there was a no truck sign there and there were trucks (at Crawford’s) and that was the issue in his mind.
Boggs advised it was his understanding Mr. Hoke’s wife was coming into town in front of Crawford’s and along the edge of the road there was a fairly deep chuckhole, which blew out his tire and according to his estimates did some damage to his vehicle. Boggs advised the officer thought it (chuckhole) was deep enough that he called the Service Department directly after (this incident) to put some gravel in the chuckhole. He advised it was his understanding from the insurance company if we know the chuckhole was there and do nothing then there could be some liability. Boggs advised if we fix the chuckhole as soon as we are made aware of it, then we do not have any liability issues. He advised all of this was turned over to our insurance company and our insurance company denied the claim. Boggs advised Mr. Hoke’s insurance company has paid the majority of the claim, but he (Hoke) was asking for (reimbursement) of the deductible.
Hoke advised yes, $500 was out of his pocket for a hole in the ground. He advised he had pictures of the hole, which was sinking back in again either due to the semi’s or the weather, but he just wanted his out of pocket expenses (reimbursed).
Copley advised the website now has a link to report items and that would make the city aware and therefore we would be liable. He advised if we were not aware of it, we couldn’t fix it.
Council Member Darrell Carey inquired if this has happened before.
Boggs advised they have had claims before, although he hasn’t handled them directly, but he didn’t know if they have done anything like what he was asking or if they have just strictly turned it over to the insurance company.
Hoke advised three shifts of cruisers were going through that area and he would think they would have an obligation to tell somebody.
Tim Stefanko of Salt Ct. advised at the last Council meeting he felt it should have been real apparent that a property tax abatement schedule really needed to be made up. He advised the City Manager asked for it almost a year ago now so we wouldn’t run into this problem of him not being able to tell people what they could expect as a property tax abatement and have them run into something different here. He advised he hoped Council would again take a look at that, as they really needed to schedule some workshops and hammer out a property tax abatement schedule so they had something to work with. He advised he believed what they have right now makes it look like the right hand doesn’t know what the left hand was doing. He advised it also creates the appearance that it was arbitrary and leaves it wide open for accusations that you favor some people and not others. He advised they needed a schedule so they could have a standard procedure. Stefanko advised he campaigned for council quite heavily on this issue and apparently it wasn’t positive enough to warrant any real attention, but again he was bringing it up. He advised he also noticed with the Thompson abatement (request) there was a motion to remove it from the table and he highly suggests they come up with a tax abatement schedule before bringing this off the table because if you make a decision on this matter and then you come up with a tax abatement schedule that doesn’t match the decision you make here tonight you were going to be in for a lot of trouble down the road.
Stefanko advised he noticed the new logo was going on a lot of the (city) vehicles and such and he was a little unclear as it was his understanding the Chamber of Commerce came up with this logo under the direction of the Mayor.
Boggs advised one of the chamber committees came up with it (logo), as he couldn’t say it was the Mayor.
Stefanko advised his real question was why, where and how it was implemented because he didn’t recall it coming before Council for a vote. He inquired as to how exactly it (logo) was implemented.
Boggs advised he guessed he implemented it.
Stefanko inquired if he had the authority to do that.
Boggs advised I hope so because I did it.
Stefanko advised he liked the new logo, but he was kind of a stickler for following procedure. Stefanko advised he had a lot of questions about the contract we (the city) had with the Chamber of Commerce and what service they provided for that (contract) and he still had a lot of people dancing around the issue, but basically he got that they promote the city and he inquired if coming up with this logo would be something in their minds that would be promoting the city and would be something they would do to fulfill that obligation.
Beaumont advised he didn’t know why that wouldn’t be promoting the city as it puts the name of the city out there to the public and every time a city vehicle drives some place with that logo on it, it was a catchy logo and he thought it brought attention to the city.
Stefanko advised he agreed with him 100% and if the chamber was operating on behalf of the city under contract by the city when they developed this logo he felt the city should own the rights to the logo and inquired as to why the chamber owns the legal rights. Stefanko advised he has worked as a contractor at a lot of different places and he has never had someone pay him to develop something and then keep it for himself.
Boggs advised he understood what he was saying and he understood where he was going with it and he didn’t disagree, but he guessed the only thing he could do was bring it up at the next chamber board meeting to more or less lock it down on the city’s behalf if that was what he was…
Stefanko advised he was very concerned because the director has publicly said she intends to sell this to people to use in their business promotion and he had a little problem with that. Stefanko inquired now that it (logo) was being used on the city vehicles and city letterhead as to what kind of contract do we have with the chamber to use their logo. He advised he assumed it was verbal permission. He inquired of the law director if he felt these verbal contracts were a good idea for a municipality.
Law Director Bower advised verbal contracts were lawful in Ohio whether it was a good idea or not was policy and he doesn’t deal in policy.
Stefanko advised if you were advising a client whether or not a verbal contract was a good idea and inquired would you advise them it was a good idea.
Bower advised it depends on the type of contract.
Stefanko advised how about one like this (referring to the logo issue).
Bower advised leases could be verbal and didn’t have to be in writing in Ohio. He advised if it ain’t broke don’t fix it.
Stefanko advised he was sure they never would, but what if next year the chamber decided they wanted to charge (the city) a fee for using that (logo).
Bower advised well if you were sure they never would and inquired then why should we worry about it tonight.
Stefanko advised he would like to congratulate him on dancing around every question quite well without arguing specifically, but he felt he made the point they all understood he was getting at that they have no legal direction and pretty much left it all up to the Chamber of Commerce. He advised he felt that was way too much power to give to a private entity concerning a public matter.
Copley advised he believed the logo has not been trademarked at this point. He advised it was not a matter of who it belongs to, but rather a matter of who pays to get that trademark.
Stefanko advised he was told that was already in progress.
Boggs advised he thought it was too.
Copley advised it may be in the process, but do you want your tax dollars going to pay for a logo to be trademarked or do you want those tax dollars to go toward something more beneficial and allow the Chamber of Commerce to pay those fees to have it trademarked.
Stefanko advised he would rather be paying for the legal rights to his own trademark as opposed to letting somebody else have control over it.
Russell advised he agreed with (Stefanko) that he felt that we needed something in writing with an understanding with the chamber that if (the city) was using that logo that five years down the road they couldn’t come back and say, “Hey, you guys used our logo and now you owe us $10,000” or whatever. He advised if there was something in writing with an understanding from both sides I think it would clear the air. Russell inquired if that was what Stefanko was looking for.
Stefanko advised no, he felt they (Chamber) should give us (the city) the legal rights to our own logo for the $25,000 that we just agreed to pay them over the next five years. He advised he felt that was part of what they were paying for and he thought we bought and paid for that logo with our $25,000 and that was what he was looking for.
Russell advised but we need something in writing to that effect.
Stefanko advised absolutely. Stefanko inquired as to how many members of council were also members of the Chamber of Commerce. Stefanko advised he would like to caution Council that when the chamber contract came up for a vote there were no abstentions on that vote. Stefanko advised he felt it wasn’t appropriate to vote to award a contract to an organization that you belong to as he felt it was a conflict of interest and that was what the abstain vote was for.
Johnson advised the abstention was to be used in a situation if the person was gaining monetary value. He advised in this case he didn’t believe Beaumont or Carey were gaining monetary value by granting the chamber a contract just because they pay into the chamber.
Stefanko inquired if it was your (Johnson) contention that there was no conflict of interest to vote yourself a contract.
Johnson advised they were not voting themselves a contract.
Stefanko advised they voted to directly award money to an organization they belong to and he felt that was inappropriate.
Johnson advised but it was no conflict of interest.
Stefanko advised somehow I knew you would say that and if the Mayor were here I am sure he would say that too.
Rick Hanlon of Olds Ave. advised he agreed with (Stefanko) on item d. the tax abatement and he would have spoke up two weeks ago had he had the opportunity. He advised he was (present) to complain about citizen’s forum again as he felt they needed to add something for the residents to speak before Council adjourns. He advised it could possibly be called citizen remarks toward the end of the meeting. He indicated a citizen could them comment on an item on the agenda after Council action and not have to wait two weeks for it to appear on the agenda a second time. He advised his personal opinion on residential property tax abatement was it shouldn’t be for 100% for any length of time, as he didn’t feel Council should approve anything over 50% and not for the full fifteen years. Hanlon advised he hoped before the (meeting) was over someone would make a motion to let them speak and have some kind of (second) remarks to see if they have anything to say after (Council) has gone through old and new business.
Copley advised citizens forum used to be at the end of the meeting and at that time (Council) was hearing complaints that an item could be passed on an emergency basis and citizens didn’t get to comment before it was (adopted). Copley advised he was an audience member at that time and he understood why Council decided to have it (before old and new business) as it gave citizens the opportunity to speak prior to any legislation going through. He advised he felt to have two citizen’s forum, one at the beginning and one at the end…and he inquired what would they say differently if they really felt something about an issue, why would your opinion change based on how they (Council) vote. Copley advised he was having a problem seeing why it matters.
Hanlon advised they could remark on what was voted on rather than waiting two weeks to remark because maybe he couldn’t make the next meeting. Hanlon advised Council has remarks at the end of the meeting and yet they comment on every single item. He inquired why do they need to hear council’s remarks because they have heard them throughout the meeting. He advised he felt they were entitled to their remarks as well.
Copley advised citizens get the opportunity at the beginning, if it was the wish of Council to have more than one citizen’s forum they could vote for it, but from his standpoint what he was asking was if you really were concerned about an issue when you come to a meeting you have the opportunity to speak on it. He advised if it matters what Council says before you make those remarks that was a different story and maybe you didn’t feel as (strongly) about an issue as you thought you did.
Hanlon advised I just commented on an issue that was old business regarding removing from the table the tax abatement. Hanlon advised I don’t know I have no idea what you are going to remove from the table according to this list, as he didn’t know what the tax abatement was going to be…50%, 100%, 5 yrs., 15 yrs. He advised this (agenda) was shorthand and that was the reason he would like to be able to remark instead of waiting two weeks to remark.
Stefanko advised there was no way they know what they were (going to be) talking about.
Hanlon advised he thought the citizens who were sitting here and those who would be sitting here in the future have… “We are entitled to remark, I am sorry”.
Beaumont advised you could remark anytime you want to, as all six of us (Council) are accessible everyday. He advised if you want to call me, you could call me and talk to me about any issue dealt with here. He advised once you have the floor and give us your opinion here, it doesn’t mean we have to respond back to you. Referring to the packet he advised all of this information is given to Council and the public has an opportunity to hear Council’s remarks openly and to respond upon them. He advised if there was something he said tonight or something that was done by Council that you have an opinion about call me on the phone or any other Council Member and talk to us about it and give us your opinion.
Hanlon advised this was a public meeting.
Beaumont – absolutely!
Hanlon advised meaning it hits the newspaper. He advised his (private) conversation with him (Beaumont) was never going to be in the newspaper.
Beaumont advised he didn’t know maybe he wanted his name to be in the newspaper.
Hanlon advised it wasn’t to get his name in the newspaper.
Beaumont advised if you want your opinion heard by me if that was your purpose for speaking that was one thing. He advised if your purpose was to let me know how you feel about a certain issue then call me on the phone and we can talk about it. Beaumont advised our whole purpose here was to try to do the things we believe are right for the city. He advised the concerns of the public certainly enter into the way we respond as we don’t respond and act based upon what we believe is right for just us, but what was right for the city. He advised the only way we know that is for people to respond and people to comment to us and the fact that you talk for two minutes here doesn’t really give me an opportunity to know how you really feel about something. Beaumont advised call me on the phone, call any of us on the phone, talk to us about it that was the only way we know your opinion. He advised two minutes here doesn’t really tell me how you might feel about one particular issue, but was your opportunity to speak about everything, but if there was something in particular about the abatement issue…, as no one has called him one time, as he raised concerns at the last meeting about residential tax abatement and not one person has called him in the last two weeks.
Hanlon advised we are here.
Beaumont advised call me on the phone. He advised he would like to know how you think, he would like to have a give and take. He advised he was sitting here listening to you talk right now and you give me your opinion, but if you have a strong opinion about something you should call me on the phone and tell me how you feel about it. He advised you were at the last meeting, you heard what I said about my concerns about that and if you have concerns about that it sure seems like you would get on the phone and call me. You never called me. Beaumont advised for you to have another opportunity to speak at the end of the meeting, he didn’t see how that helps us know how you feel. He advised that was your response to the way we might vote.
Stefanko advised it could put you in a position to prepare before a meeting.
Beaumont advised he was always prepared. He advised he has the packet (of information) and he knows what the manager has sent to him. He advised he understood his issue, but…
Stefanko advised they should have had a workshop to work on a property tax abatement schedule tonight. He advised it could have been on the workshop agenda.
Beaumont advised why don’t you call me on the phone and suggest such.
Stefanko advised because that was the purpose of a public meeting. He advised it was one of his pet peeve’s he has with councils doing too much public business on the phone and behind closed doors.
Beaumont advised there was nothing done behind closed doors that was outside the rules. He advised if you have an opinion about something you should call us. You never call me. Never. He advised the only time we talk was right now. He advised if you have something you feel strongly about, you call me and we will sit down and talk about it.
Stefanko inquired as to why he felt he (Beaumont) was so dead set against people speaking to him in public.
Beaumont advised he wasn’t, he was listening.
Stefanko inquired as to why he has so much animosity against people getting thirty seconds to speak at the end of a meeting. Stefanko inquired if it was a time issue or was it that you just don’t want to hear us in public and you wanted to hear us in private on the phone. Stefanko inquired as to the big deal from his (Beaumont) point as he didn’t get it.
Johnson advised he understood where they were coming from, but you should consider yourself privileged that we are letting you talk this long.
Stefanko advised I don’t believe you just said that!
Johnson advised No, you go to the City of Wadsworth or go to the City of Orrville they are on a time limit for how long you can talk. He advised this city has never even thought of that and he didn’t believe this city should ever think of that. Johnson advised the fact of the matter was that this Council has always been more generous than (surrounding) communities by not giving citizens a time limit and yet they were asking for more. He advised he felt that leaving this (citizen’s forum) at the beginning (of the agenda) agreeing with the citizens by a very strong majority, as he also was in the audience when it was changed, and that was a strong showing. He advised what we got now is only two people and he understood where they were coming from, but he had to do what was in the best interest of the city. He advised to get more people here and to express their concern of moving citizen’s forum or adding another one then he would take it into more consideration, but he wasn’t going to do something just because of two people.
Stefanko advised he felt it depended on who the two people were.
Johnson advised it had nothing to do with who he was.
Stefanko inquired if it was his contention that the right of the public citizens to make a political speech was a privilege that was granted by Council.
Johnson advised it was a privilege. He advised it was a public meeting, but it was a privilege.
Stefanko advised that was sad, that was sad.
Acting Mayor Copley thanked those for speaking and advised he was sure Council listened to what they had to say regardless of what they might think.

Old Business

a. Ord. No. 7473 An Ordinance of the Council of the City of Rittman, Wayne
and Medina Counties and State of Ohio, Amending Section 303.08 Impounding of Vehicles; Redemption, to Create an Additional Section of the Codified Ordinances of the City of Rittman and Declaring an Emergency. Third Reading.
Ord. No. 7473 was read on third reading. Johnson moved to adopt, all Yeas on roll call and motion carried.

b. Ord. No. 7475 An Ordinance of the Council of the City of Rittman, Wayne
and Medina Counties and State of Ohio, Amending Section 941.05 © Sewer Regulations and Rates, to Amend this Section of the Codified Ordinances of the City of Rittman and Declaring an Emergency. Third Reading.
Ord. No. 7475 was read on third reading. Johnson moved to adopt, all Yeas on roll call and motion carried.

c. Ord. No. 7476 An Ordinance of the Council of the City of Rittman, Wayne
and Medina Counties and State of Ohio, Amending Section 901.02, 901.03, 901.99 Streets, Utilities and Public Services Code to Amend this Section of the Codified Ordinances of the City of Rittman and Declaring an Emergency. Third Reading. Ord. No. 7476 was read on third reading. Carey moved to adopt, all Yeas on roll call and motion carried.

City Manager Boggs advised he did take (Res. No. 7479) back the CRA Committee and ask (for reasoning) as the motion was originally proposed by Houglan to limit the abatement to the builder and the first owner of the structure. Boggs advised Houglan stated he made the restriction as he felt it would be more palatable to Council and has since amended that motion therefore there was a new resolution on the agenda tonight. Boggs indicated the CRA Committee was recommending the abatement for 15 yrs at 100% regardless of the owner.

d. Motion to Remove Res. No. 7479 from the Table
Russell so moved, all Yeas on roll call and motion carried.

e. Res. No. 7479 A Resolution of the Council of the City of Rittman, Ohio,
Granting Tax Abatement to Tony and Cathy Thompson for Thompson Services and Declaring an Emergency. First Reading.
Res. No. 7479 was read on first reading.
Beaumont advised he had some concerns as he felt they were opening a can of worms. He advised he felt if they were going to grant tax abatement to residential areas they were opening a Pandora’s box and they may not have control over it later on. Beaumont advised there were areas of the city that were the same type of land here (property on Frederick St.) that were in the floodplain. Beaumont advised it may be a later Council that would deal with this, but once it was done he felt they would set a precedent and he felt they were marching on a road they may not want to march onto. He advised he felt they needed to think about this very clearly. He advised from a commercial standpoint, he felt (granting tax abatement) made all the sense in the world, but he didn’t believe they knew what kind of ramifications this one action might cause 5 to 10 years from now.
Russell advised he agreed with Mr. Beaumont and it was discussed at length at the last meeting, but he felt it should be discussed in a workshop on tax abatement and get it ironed out at that time before they proceed any further with this particular ordinance. Russell advised he believed they needed some kind of understanding so that everyone would be on the same page.
Beaumont advised he didn’t wish to put the manager on the spot where he was committed to telling people that Council wants to do tax abatements, as he felt they were doing an about face and he didn’t feel that was fair to the manager. Beaumont advised but from his standpoint he would really like to know what the long-range plan was and what they were trying to accomplish with tax abatement. He advised he was aware of what has happened in the past from a citizen’s standpoint, but actually sitting here making policy and he wouldn’t feel comfortable voting on it as he didn’t have all the facts necessary to make a valued judgment on the direction the city was going to go with the tax abatement issue.
Carey inquired if this land was zoned only for residential.
Boggs advised he believed it was zoned for residential.
Copley inquired if they have the option to table it until such time as a policy is created.
Bower advised yes.
Russell moved to table until such time as a policy is created regarding CRA tax abatements, all Yeas on roll call and motion carried.

f. Res. No. 7480 A Resolution of the Council of the City of Rittman, Ohio, Granting Tax Abatement to John Robert Riley, I for Allison Carole Properties, Inc. and Declaring an Emergency. Second Reading. Res. No. 7480 was read on first reading.
Copley inquired if Riley was planning on commencing work by March 1st as the ordinance states, “Capital costs made between March 1, 2008 and March 1, 2009”.
Boggs advised he wouldn’t be doing any work until this ordinance was passed.
Copley inquired if Council was holding him up by, although he knew it was only ten days (into March when the next meeting would be held).
Boggs advised he (Riley) still had to go through the zoning process.
Lapehn moved to place on third, upon roll call; Russell-Abstain, Carey-Yes, Beaumont-Yes, Johnson-Yes, Copley-Yes, Lapehn-Yes and motion carried.

New Business

a. Motion to Go Into Executive Session to Discuss a Personnel Matter and Invite
the City Manager and the Fire Chief – 8:00 p.m.
Johnson so moved, all Yeas on roll call and motion carried.

b. Motion to Come Out of Executive Session – 8:18 p.m.
Russell so moved, all Yeas on roll call and motion carried.

c. Motion to Approve Mike Pyle to Paid Status on the Rittman Fire Department
Lapehn so moved, all Yeas on roll call and motion carried.

d. Motion to Approve Cale Bachman to Probationary Status on the Rittman Fire Department Copley advised when he took this (Council) seat he said he would do what he felt was best for the city and at the same time he couldn’t vote against someone without telling the people why and he would keep it brief out of respect for the fire department. Copley advised he could not put aside the fact that this individual resigned from the department due to his involvement in the Rawiga incident. Copley advised he couldn’t put that aside because he heard him with his own ears say that he was wrong and he could not forget that. Copley again apologized to the fire department. He advised sitting up here he couldn’t vote yes, there was no way he could do that with a clear conscious. He advised at the same time he couldn’t vote no and let everyone assume why and that was all he had to say.
Russell so moved, upon roll call; Beaumont-Yes, Lapehn-Yes, Russell-Yes, Copley-No, Carey-Yes, Johnson-Yes and motion carried.

e. Proclamation – American Red Cross Month 2008
Acting Mayor Charles Copley proclaimed March as American Red Cross Month in the City of Rittman and urged all residents to show support for the Wayne County Chapter of the American Red Cross, and challenged each to become active participants in advancing the noble mission of the Red Cross.

f. Ord. No. 7481 An Ordinance of the Council of the City of Rittman, Wayne and Medina Counties and State of Ohio, Amending Sections 153.03, 153.07 and 151.01 (a) and Declaring an Emergency. First Reading.
Russell inquired as to what brought on this request for a change.
Boggs advised the Fire Chief brought it to his attention and it was basically a housekeeping issue when they were reading over the changes throughout the years and they just wanted to clean them up.
Johnson advised in section one he felt they should add a section to amend the ordinance to bring the attendance policy to match what the fire department has at this time. He advised he knew they were different and he felt the city needed to re-evaluate what they have for an attendance (policy). Johnson advised currently the ordinance reads if you miss three meetings for training or three fire calls you are dismissed as a member of the fire department. He advised he felt they needed to re-evaluate and put in a percentage which the fire department currently goes by now.
Fire Chief Don Sweigert advised if you read the ordinance it says exactly what you just said and he wanted to add it so it read that way and reflected the current training attendance policy and it was the 75% training attendance.
Copley advised he believed the current 153.03 FORFEITURE OF MEMBERSHIP reads, “Firemen absent from three consecutive drills or calls shall forfeit membership in the Fire Department” from the 1944 code.
Sweigert indicated he was just changing it to match the current policy.
Copley inquired if it wouldn’t be more appropriate to have somewhat what that policy is, as the (codified) ordinances were online, but if they just say the current policy it could be changed at any time someone felt it necessary.
It was noted the current attendance policy could be attached as an exhibit A.
Copley advised regarding section two the current 153.07 requires a maximum of 52 training sessions per year and he sees that has been changed to 52 hours per year if you add up the quarters.
Sweigert advised if you read further in your Charter it says that each training session will be limited to one hour. He advised we only pay for 13 hours even though their training hours were at least two hours of training they only get paid for one of those hours. He advised the current ORC with the new fire laws and HB 401 the state says a volunteer fire fighter would have to have 18 hours of continuing education every year. Sweigert advised if we were working 13 hours a quarter, we already far exceed the requirements by the State of Ohio. Sweigert advised the Finance Director advised him that the city only pays for 13 training hours per quarter and they were changing it to reflect quarterly.
Copley advised his concern was they were limiting the number of hours, but it sounded as if that is was it has been.
Sweigert advised we exceed it as our guys stay over sometimes until 10 p.m. He advised the first hour they do truck checks and then training the next hour and a half.
Copley advised the other part was activation for needed services and he inquired as to what that would be.
Sweigert advised a cat in a tree, alarms or any emergency. He advised he didn’t want to put emergency because they could get called out for an odor investigation and it could be a skunk. Sweigert advised if we get called out we should get paid an hourly rate and basically it was any callout such as a flood for example.
Copley advised the current legislation refers to the last callouts and not deferring between emergencies and activation for needed services. He advised his concern was needed services were things he wasn’t aware of, as it was a broad term.
Sweigert advised they were working with EMS if they needed a lift assist they tone out the fire department and they go ahead and help the EMS. He advised it was always a callout.
Copley advised the other half of that was the previous legislation had you (as chief) exempted from that pay, but this legislation says all fire fighters including the chief. He inquired as to why the change after so many years.
Sweigert advised that was the way the pay ordinance reads and it has been that way for years even before he was chief.
Copley advised the current codified ordinance states that the fire chief doesn’t (get paid).
Sweigert advised with all due respect read the pay ordinance.
Copley advised he believed the codified takes precedence if that was the case.
Sweigert advised he was just going by what the pay ordinance says that was all he could do.
Beaumont inquired as to what was the answer.
Boggs advised he wasn’t aware of the (codified) ordinance, but the fire chief was correct on the salary ordinance.
Copley advised the 153.07 currently reads that “Firefighters except the Fire Chief shall be paid a rate determined from time to time by Council for drills attended, not to exceed fifty-two drills per year.” Copley advised on the other hand that section continues, “For call-outs, firefighters, except the Fire Chief, will be paid a rate determined from time to time by Council.” Copley advised that in his opinion was where the wording has changed.
Sweigert advised he was correct as it was changed to reflect the current salary ordinance.
Boggs advised he believed if the Fire Chief turned in a pay slip, he would have been paid according to the salary ordinance.
Copley advised his concern was the way the (codified) ordinance reads they were straying from that and he just wanted to know why. He advised your answer was that we have done it the other way regardless of what the (codified) ordinance says.
Sweigert advised that is how it was with Chief Banfield before him and when he was hired that was how it was (handled). He advised originally he has to send the pay every quarter and he originally sent it without any (pay) in mind because of the codified ordinance (Copley) just read, but according to your (city’s) salary ordinance it states he would be paid according to his level of training.
Carey advised they needed to know which one takes precedence.
Copley inquired of the Law Director if the pay ordinance was stating he gets paid and the (codified) ordinance states he doesn’t get paid which takes (precedence). Copley advised the ordinance as it stands right now…
Boggs continued, contradicts itself. He inquired as to which one takes precedence.
Bower advised he would probably say the codified one over the non-codified one.
Copley advised that was his opinion as well.
Carey advised they needed to amend one of them because if there was a contradiction one of them needed to be fixed.
Lapehn advised this (Ord. No. 7481) was an amendment to the codified. He advised they were determining whether or not the Fire Chief would be paid his appropriate hourly rate based on the level of education determined from time to time by Council for emergencies or activation for needed services. Lapehn advised the Fire Chief was stating it has been a paid thing previously so he felt the amended should stand as stated. He indicated they could advance it to second and research it further and find out what other departments were doing.
Copley advised he would like to see some clarification on the pay ordinance versus this (ordinance) and if previous chiefs have been paid for their services, as it was his understanding in talking to some other people that was not the case, which was why he was concerned about the wording in this legislation.
Lapehn moved to place on second, all Yeas on roll call and motion carried.

g. Motion to Add Citizen Input Toward the End of Each Meeting After New Business and Prior to the City Manager’s Remarks
Russell advised he heard the debate tonight and he heard it before when Citizen’s Forum was toward the end of the meeting and toward the beginning of the meeting. He advised if the public wanted to speak (a second time) they be given a time limit to let them speak. He advised the reason being because whatever they (citizens) have to say, all of Council needed to hear it and not on the telephone and not in an e-mail or whatever because an open meeting should be an open forum. Russell advised if they (citizens) had anything they wanted to “chew us out” about or tell us what a bad job we were doing or a good job (we were doing) then he felt they should open it up and let the public speak (again). Russell indicated it could be somewhere at the end of the meeting before adjournment.
Johnson advised if they were going to add such he felt at the end of New Business before City Manager’s Remarks would be the most appropriate place.
Russell advised it didn’t make any difference (to him) as long as we open it (the floor) up to them (citizens).
Russell so moved, upon roll call; Johnson-Yes, Russell-Yes, Lapehn-No, Beaumont-No, Copley-No, Carey-No and motion failed.

h. Motion to Grant Recreation Center Employees Free Recreation Center Memberships James advised at the last recreation center meeting it was discussed and decided by the board, possibly it should be in ordinance form, a change made to the fee schedule. Johnson advised the board passed a motion to give recreation center employees free memberships to the center. He indicated it would be for the recreation center employee only and not their family members and he felt this was something Council should have to approve. Johnson advised it was discussed to include all city employees and that was “still in the works”, but he felt Council should be voting on whether or not they like this idea.
Lapehn advised he would have questions as to what (constitutes) a recreation center employee. He advised (were you included) if you referee one game a month and get paid by the city or if you come in and taught water aerobics one time a year. He advised he would like clarification and would like to see it in writing before he was ready to proceed.
Copley advised previously when the board has wanted to increase the rates they have made a recommendation to this Council for approval. Copley advised this did sound like a discount given to the city employees of the recreation center. Copley advised he believed previously it was just a motion to approve, but since they didn’t have a recommendation from the recreation center they did have the authority to change it without the recommendation, but he agreed it would be nice to have some more information.
Beaumont advised if he were a street (dept.) worker he would not be too happy about that just because you happen to work in one (department) in the city and inquired why should they receive a benefit that no other city employee receives. Beaumont advised he felt if there was going to be a policy about the employees using the facility and previously it was discussed regarding a discount being offered (for the old outdoor pool on Industrial St.) and some of the employees never used it. Beaumont advised it was discussed if there was going to be a discount it should be based on usage. Beaumont advised he felt there should be a uniform policy and the recreation center board of directors needed to make a formal recommendation. He advised obviously (the board) would consider all of those issues.
Johnson advised he along with Chief Baillis, Chief Sweigert and Chief Burg were working on a uniform citywide policy for all city employees. Johnson advised there were some issues with such at the recreation center board meeting with that (all employees) part it and they were trying to work that out and come up with some ideas to go back to the recreation board for all employees. He advised the recreation center board decided at its last meeting to go with recreation center employees. Johnson advised they were working on a policy to try to fit in all city employees and there were questions as to what defined a city employee and it just got into a long heated debate. He advised there was something “in the works” trying to get something for all city employees.
Beaumont inquired if they shouldn’t wait until they had all of the information.
Copley inquired if they (rec board) had already instituted the policy.
Johnson advised it was his understanding when the (board) voted at this meeting that it was to institute the policy (immediately).
Boggs advised he believed so, but some of the scenarios were somewhat different and he expressed his opinion as he thought it was absurd if (an employee) was working four or five hours behind the desk and then he wants to go jump in the pool before he goes home, he felt it was absurd to charge him five bucks for membership to jump in the pool at the end of his shift. Boggs advised he probably swayed the recreation center board somewhat with his comment. Boggs advised Johnson indicated at the meeting that he had been working with the (EMS) police and fire departments and his sense was that the board was not for that (idea). Boggs advised what he would like to do, although he wasn’t prepared to discuss it tonight, he would like to see how many employees were interested in getting in shape. He advised they now had a director who was a personal trainer and if there was a certain number of employees from any department they could sign up for some type of program. Boggs advised he briefly discussed this with (DiSalvo) although they didn’t have anything on paper yet, but they discussed a fitness program for the employees where each department would contribute X amount of dollars toward that particular class and not a membership. Boggs advised it would have some standards and would have some goals and would have a program attached to it. He advised he didn’t see the recreation center board passing anything free for the city employees. He advised his personal opinion was that he thought it was absurd to charge a recreation center employee, although he agreed it should be defined, five dollars for jumping in the pool after their shift. Boggs advised his interpretation of the meeting was that the current recreation center board members were not at all for giving out “freebies”, as they were very concerned about the image of the board and how they handle business and were very concerned with the public perception of city employees.
Copley advised one thing he would be concerned about was if a police officer or other city worker has had a long day and it was hot outside and they want to go for a swim at the end of their shift and he inquired as to what was different from that (scenario) than someone who was working in an air conditioned office. Copley advised there were two unions and if we give any city employee such a benefit they (union employees) would surely ask for it (as well).
Boggs advised a long time ago city employees did have pool passes (for the old outdoor pool) and it was brought up that hardly any employee was using them and therefore they were removed and that was about the same time some unionization was done. Boggs advised he was curious to see how many police officers and firemen and other city employees were serious about helping themselves and if they were he didn’t see any problem with the city, like any other employer, pitching in some funds to pay for that class.
Copley advised he liked the idea of a program as opposed to just a free pass to do whatever you want to do at the recreation center. He advised such a program he believed would benefit the city in the long term and would not be viewed as giving free memberships that any other citizens would not be getting. He advised we would be doing the city a favor by getting the city employees in shape. He advised he would be in favor of a program such as that.
Beaumont advised it might encourage some city employees’ families to join the center.
Johnson advised that was the philosophy behind it.
Boggs advised he felt (Johnson’s) plan was admirable as he felt his intentions were good, but he felt the public perception wouldn’t have the same effect. He advised when he saw the reaction of the board when (Johnson) made his presentation he knew it didn’t have a chance of “going through” and the reason after the meeting he started thinking of how they could help the employees and possibly get some family memberships at the same time. Boggs advised he believed it could legitimately help the employee if they wanted to be helped.
Beaumont suggested they ask the department heads to survey the employees and find out how many were interested.
Johnson so moved, NO VOTE WAS TAKEN.

City Manager’s Remarks
City Manager Larry Boggs advised he would be on vacation at the next Council Meeting and he would really like to be present when Council has their workshop on their tax abatement plan and he recommended Council wait until the second meeting in March to hold such a workshop. Boggs advised he felt it was important for him to have some input at a workshop and he agreed there should be something in writing so he knows what to do, as he couldn’t be out telling people one thing and Council do another. Boggs advised he didn’t disagree that residential (tax abatement) was somewhat controversial and he would just like to know which direction to go.
Carey inquired if the (CRA) committee could attend the workshop as well.
Boggs advised he could ask them.
Boggs advised the next meeting was scheduled for March 24, which was the Monday after Easter, and he inquired if there would be a quorum available as he thought some might be on spring break.
Council did not indicate any scheduling conflicts.
Boggs advised Service Director Dave Simpson would be Acting City Manager while he was on vacation and Simpson would be ready to go over cost saving measures for the Service Department. Boggs advised Council might want to consider talking with (Simpson), as there has been a lot of concern over the condition of Ohio Ave, regarding some cost estimates for resurfacing, but they did not have it in the budget. Boggs advised Council approved a list of streets for improvements approximately a year ago, and sometimes things change and Council might want to go over that list and he already advised the Service Director to be prepared for such. Boggs advised Council might also want to discuss with the Finance Director whether they could “cut any money loose” from capital improvements to work on that (Ohio Ave.) project as he felt they needed to do something (with said street) and this was just his recommendation.

a. Finance Director’s Remarks – No remarks

Council Remarks
Council Member Glen Russell thanked everyone for coming and invited all to come back.
Council Member Lynn Beaumont advised the Daily Record reporter did a really good job on the article regarding the recycling program. He advised if you read the article carefully, you can see what the impact would be if we don’t increase our recycling efforts in town. Beaumont advised he really felt it was important and the reporter would be doing follow-up articles and he knew the City Manager was working with a group on some incentive programs to let everyone know they can get a (recycle) tub and how and what can be recycled. He advised there were a lot of misconceptions about what you can and can’t recycle, as there were still some who think you have to separate the items. Beaumont advised the article explains how the money was used and how it was really going to help, as there would be some really tough decisions for Council to make regarding utility costs if they don’t get the grant needed, but we could get the grant if we all work together.
Council Member Richard Lapehn had no remarks.
Council Member James Johnson advised he saw a positive letter to the editor in The Post from a citizen who was commending the EMS and Police Department for their efforts and he congratulated the EMS and Police Departments for the situation that was handled and it was good to see something positive for the City of Rittman. Johnson thanked everyone for coming.
Council Member Darrell Carey thanked everyone for coming. Carey requested a list of the streets for repairs be included in his packet for the next meeting.
Acting Mayor Charles Copley thanked everyone for coming. He advised there would be an Internet Safety Program provided by the Rittman Police Department on Thursday, April 17th at 7:00 p.m. at the Rittman Recreation Center. He advised anyone who has children should consider attending to find out what could be done to keep their children safe.

a. Approval of Vouchers 47966 thru 48075 Including Then and Now
Certificates
A question was asked regarding #48013. Russell moved to approve, all Yeas on roll call and motion carried.

Motion to Go Into Executive Session for the Purpose of Discussing Pending Litigation and Invite the City Manager – 8:57 p.m.
Russell so moved all Yeas on roll call and motion carried.

Lapehn left the meeting 8:58 p.m.

Motion to Come Out of Executive Session – 9:15 p.m.

Motion to Adjourn – 9:16 p.m.
Johnson so moved, all Yeas on roll call and motion carried.