Rittman City Council Met in

A Regular Meeting

on Monday, January 25, 2010 at 7:00 p.m.

Members Present: Darrell Carey, Rick Hanlon, Glen Russell, Richard Lapehn and Bill Workman   

Members Absent:  Lynn Beaumont

Presiding:               Mayor William Robertson

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

Approval of Minutes – January 11, 2009

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

Council Member Lynn Beaumont arrived at 7:02 p.m.

Workshop

a.                   Discussion of Street Assessment for the RCIC

City Manager Boggs advised the Rittman Community Improvement Corporation, which has a history back into the 1960’s, has assisted existing local businesses or helped to attract new businesses. He advised in recent years they issued a loan to a potential business that the citizens wanted desperately and were able to help this business in their startup costs and it has been a prosperous business for Rittman and for the owners. Boggs advised he assumed when calculating the assessments that the non-profit CIC would be exempt from road assessments. He advised after some discussion, it was noted that there were no exemptions made by Council or discussions relating to such. Boggs inquired if Council wished for the CIC to go ahead and pay the assessment or if there was any consideration for having the city pay their (CIC) share.

Council Member Beaumont advised he really didn’t know what they would do in just the short time he has been on Council without the CIC. He advised the city needed someone to step up to the plate and help us on some of these projects and he felt they (the CIC) have done just that and he knew money was an issue, but there would be times down the road when we were going to need them (the CIC) and we couldn’t predict when there would be issues where we (city) were going to have to ask them (CIC) to help us. Beaumont inquired as to where would the town be with them (CIC) to help as far as the grocery store was concerned and look what a benefit it was for the town. He advised he felt they (city) should pay it (the CIC portion of the assessment). Beaumont advised he felt they (CIC) were an extension of us (city) and if we need help with development and we need help to do so, they were the agency, the arm of the city that we go to for help.

Mayor Robertson advised they (CIC) have no income stream to make up the assessment balance.

Council Member Workman advised he agreed with (Beaumont) that we (city) should go ahead and pay it because they (CIC) were our best arm for growing business in the town if we have somebody that needs some startup (funding). He advised he felt if it wouldn’t have been for them (CIC) the (grocery) store wouldn’t have been able to open.

Robertson inquired if there were any potential issues with setting a precedent.

Council Member Carey inquired as to what was done in the past with assessments for non-profit such as churches.

Boggs advised churches have been assessed.

Carey advised they might have a problem.

Council Member Hanlon inquired if they (CIC) were assessed when the road was previously paved.

Boggs advised he didn’t know as that was before his time (as City Manager).

The clerk advised the city has not historically assessed where there was no curb or gutter.

Boggs agreed and advised they (city) took a little different approach this last time.

Workman advised he believed the CIC has been an organization since the late 1950’s and the original (board members) wanted to develop the northern quadrant of the city where the old Howell Farm was located. He advised he believed they (CIC) haven’t been approached that often, but when they have they have always responded and he felt it was an organization we need to keep.

Boggs advised this (assessment) would not shut down the CIC, but as he explained they have very limited resources for revenue and they try to watch all their pennies. He advised the savings and checkbook balances (for CIC) have remained steady and there was a little rent coming in for the Depot and other CIC owned properties. Boggs advised the money wouldn’t last if they continue to have bigger expenditures such as this (assessment at $11,236.03) would deplete funds pretty fast. He advised he wanted to bring it to Council for their consideration and he had forgotten that the city had not previously assessed for unimproved streets and we did this year so that was a change in policy. Boggs advised the CIC was an extension of the city and he didn’t know if there was any possible way Council would consider this request.

Robertson advised he would guess if they didn’t assess it would be based on the fact they were the CIC not that they were a more generic non-profit.

Finance Director Rissland advised it might make more sense to have the city pay it and that way the assessments and the assessment process was intact and they were not saying non-profit versus for profit. She advised we (city) would just be paying it for them (CIC) so the whole assessment process won’t be skewed at all. Rissland advised she felt that would be cleaner than exempting it.

Boggs inquired if they would need an ordinance for such as far as finance was concerned.

Rissland advised they didn’t need it quite yet since it was early in the year, but they would need an appropriation amendment toward the end of the year.

Robertson inquired if they needed a motion or legislation.

Boggs advised he was asking if Council wanted him to bring it back in ordinance form.

Workman advised he felt it needed brought back as an ordinance.

b.                   Discussion of City Rates & Fees

City Manager Boggs advised he has been going over the rates and fees for city services and some are covered by ordinances, but he indicated he wanted to bring recommended changes/increases in the rates in fees.

Workman inquired as to the fee for fingerprints.

Boggs advised the state requires certain professions, especially those working with children, to be fingerprinted for a background check with BCI and he indicated they were required to have an officer perform such. He advised the current fee was $5 and he was recommending an increase to $10, but that was Council’s decision.

Hanlon inquired if there was any more information on (imposing) an impact fee.

Boggs advised he hasn’t had a chance to study it further, but some cities charge such for new construction and was usually designated into a specific fund account in the budget. He advised it could be designated to the recreation center or for a fire truck or into the general fund. Boggs advised the basic idea behind it was that new housing and residents create a need for more services to be provided. He indicated it was discussed in the past and he wanted to bring it up again to see if there was any interest in such a fee.

Workman advised he would like to see it go into the fire department (budget) for a (fire) truck.

Hanlon advised he would be opposed to an impact fee as he felt the costs were high enough for residential new construction.

Carey advised he felt it might be detrimental for someone wanting to build in town if they could build outside of town for less.

Hanlon advised if the surrounding communities were (charging such a fee) he felt they would have more of an argument for it, but…

Robertson inquired if it didn’t get added into the cost of building.

Hanlon advised ultimately, yes.

Boggs advised he didn’t believe there was any other city in Wayne County (charging such a fee). He advised he would recommend raising the vicious dog fee because under the ordinance the city was required to purchase a sign stating vicious dog and a collar for the animal and he felt they (city) were actually losing money. Boggs advised the previous rate was $10 and if someone has a dog that bites someone and it was declared a vicious dog by city ordinance, he didn’t feel the city should lose money by complying with that ordinance, but the cost should be passed along.

Russell inquired as to what dogs were considered vicious.

Boggs advised any dog that bites.

Russell inquired if it had to bite before it was considered vicious.

Boggs advised it could also charge or show aggression in an attack mode.

Russell inquired if it (the dog) would have to act before it would be considered vicious.

Workman inquired if that meant a dog chained in his yard and someone walks by and the dog runs and barks.

Boggs advised no. He advised with regard to the alarm fees, as the fee hasn’t been raised in quite a while and he was recommending a slight increase. Boggs advised the alarm systems were tied into the businesses that go to a specific alarm in dispatch and he felt it was still a significant savings over paying a private company. He advised the thought behind the alarm fees initially was to replace the hardware equipment in the police department periodically and they recently replaced the computer (associated with the alarm system) and they may end up replacing a receiver for the alarm system as well for around $1,000.

Workman inquired if the rates were for a one-time call.

Boggs indicated this was an annual fee for an alarm system tied directly into the police department dispatch system for fire and theft vs. hiring another company.

Workman advised he knew in the past there were a lot of repeat calls and/or false alarms.

Boggs advised the technology has improved a great deal and one of the reasons they installed the alarms system so as not to tie up the phone lines. He advised there was a false alarm ordinance, which he felt was pretty lenient at 9 and after that the city could charge an additional fee, but he indicated that was rare. Boggs advised the most significant list of fees they looked at increasing was probably in the EMS department and he referred to EMS Chief Baillis for explanation and discussion.

EMS Chief Baillis advised they would like to clean up the ordinance in reference to the fees as every call included the availability of oxygen and he would like the rate to reflect a $15 increase to $465 to include the oxygen and eliminate the separate oxygen fee of $15, which comparable to Wadsworth’s charges and was considered reasonable and customary for our area. He advised as a rule we charge the $465 plus the mileage and Medicare will pay 80% of what is reasonable and customary and there was a certain deduction along with that and the insurance companies pay that (amount). Baillis reiterated they were cleaning up the $465. He advised previously Council implemented a resident credit, as HIPAA regulations state they couldn’t discriminate with billing procedures, but the city residents already pay taxes (EMS levy) and they could receive a resident credit. He advised one of the biggest changes was to the mileage charge as he did a survey across the state including approximately 22 different counties and the rate Rittman currently charges of $3 per mile was low and the highest was around $15 to $20 a mile. Baillis advised with fuel increases, wear and tear on the vehicle, etc. he felt ($8/mile) was a reasonable rate and there was a credit given based on which hospital they were transported to for residents. He advised another big change he was requesting was for future use was a hospital-to-hospital transport. Baillis advised years ago Rittman EMS was the first paramedic service in Wayne County and they were contacted by the hospitals and contracted to respond to hospitals to pick up a patient and transfer to another hospital. He advised Rittman EMS was started in 1981 and they probably have not done so (hospital-to-hospital transfer) since 1985. Baillis advised the charge is still on the books and the rate has not changed from $100 the entire time with the resident receiving a $60 credit. He advised there has been an influx in the area of private ambulance services providing such a service; however, for the future he would entertain the idea of perhaps offering this service to our residents only, as long as we still have the ability to cover the city, a hospital-to-hospital transfer. Baillis advised every once in a while they would get a doctor requesting they transfer a patient from one hospital to another. He advised another issue with a hospital-to-hospital transfer was the patient usually has additional medication, IV pumps and things of that nature, which would take some policy and training prior to being able to provide such a service. Baillis advised he was just looking to increase the fee to a more reasonable rate and compared to private ambulance services in the area $500 was extremely low as most of them start at $750 was a basic transfer. He advised again, this was to have in place for the future should we decide to have such an option. Baillis advised the City of Ashland currently offers transfers and he has spoken with the chief on several occasions and there were pros and cons and they (Rittman) would need to do a study and set policy before possibly (implementing) such in the future.

Russell inquired regarding the hospital-to-hospital (resident) credit (of $60 – currently on the books) if that credit would no longer exist.

Baillis advised that was correct and it due to the additional training, medications, etcetera.

Russell advised he felt it was a pretty good increase and taking (the credit) away from the residents. He advised they were (increasing the rate) from $100 to $500 and also taking away the credit (of $60) away from the residents of the city.

Baillis advised if the hospital state the patient needs to be transported by ambulance then the insurance companies will pay that amount and that is the amount billed to the insurance companies. He advised if it was Council’s desire to have a resident credit, they could add something proportional, but he didn’t know that a $60 credit would make a difference.

Russell advised he was thinking if someone didn’t have insurance, he felt that was a pretty (steep fee).

Baillis advised he would relate it to the price of candy bar in 1985 was $.10 or $.25 and now it was $1.00 for a candy bar and the cost of providing such a (ambulance transport) service has increased drastically in that time period and the city has not done anything to that rate since it was implemented.

Boggs advised to keep in mind (the city) has not billed for such since 1985 because (currently) most of it was handled by private ambulance service and he indicated the EMS Chief was trying to clean up the language and if Council approves such in ordinance form at a future meeting should the city be asked to provide such a service.

Workman advised the people didn’t have to have the training they do now. He inquired as to how much more it costs today to administer (medical attention).

Baillis advised it was roughly $3,000 - $4,000 per person for training.

Workman indicated they had to consider the cost of providing such a service and advised it didn’t seem so bad after all.

Baillis advised this was a rare service and currently they have to turn the hospitals down because they couldn’t guarantee coverage to Rittman and they need to set policy to make sure all the necessary issues were addressed and Rittman was their primary responsibility.

Beaumont inquired if (the city) would make any money. He advised if the he were at the Wads/Rittman hospital and his doctor wanted him to be transported to Akron General and he requests Rittman EMS to transport him and they send him a bill for $500 and inquired if (the city) would make any money if the insurance company pays it.

Baillis advised if the insurance company pays it, they (city) would probably break even. He advised this was a service to the community because they have to pay the taxes.

Workman inquired as to what they do in cases like that, if they have something in place…

Boggs advised it was an astounding figure of uncollected (transport fees).

Baillis advised he believed it was around $160,000 in uncollected fees.

Boggs indicated some of those were indigent, some receive checks from the insurance directly and neglect to pay the city and some just ignore the statements they receive each month. Boggs advised he was researching whether or not it would be feasible to turn them over to a collection agency and he would like to definitely go after those who we know have received a check from their insurance company and just never paid us. He advised the indigent ones, he believed they had to leave them on the books for six years, before they could be wrote off.

Baillis advised there were some who come in once a month and make a small payment.

Boggs inquired if Council would like the proposed EMS fees to come back as an ordinance at the next meeting.

The general consensus was yes.

            Boggs advised with regards to the other fees, the NSF fee has gone up and he would like to increase accordingly. He advised with the copies he would like some language pertains to the current Ohio records law as well as cover other requests as we have color copier now and we may be asked for color copies and there was no set fee. Boggs advised he was researching it and they would adjust it accordingly under Ohio law. He advised the sewer rates were raised last year and there has been some general discussion on water rates and he and the finance director want to analyze the capital improvement 5 yr plan before bringing recommendations to Council if needed to have a slight increase in the water rates.

Citizens Forum

            Matt Miller of Ashland advised he wanted to introduce himself to Council and he was a candidate for US Congress and he was a former Ashland County Commissioner and now he was with the Salvation Army in Ashland as a Business Administrator and he appreciated their consideration at the upcoming election.

Old Business -None

New Business

a.                   Res. No. 7590 A Resolution of the Council of the City of Rittman, Wayne and

Medina Counties Ohio, Authorizing the Finance Director to Request Advance Payment on Current Collection of Estate Taxes Due to Said City from the Wayne County Auditor. Three Readings. Res. No.7590 was read on first reading. Russell moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried. Res. No. 7590 was read on second and third reading. Carey moved to adopt, all Yeas on roll call and motion carried. 

            b.         Res. No. 7591 A Resolution of the Council of the City of Rittman, Wayne and Medina Counties Ohio, Authorizing the Finance Director to Request Advance Payment on Current Collection of Real Estate Taxes Due of Said City from the Wayne County Auditor. Three Readings. Res. No. 7591 was read on first reading. Carey moved to suspend the rules and have second and third reading, all Yeas on roll call and motion carried.  Res. No. 7591 was read on second and third reading. Carey moved to adopt, all Yeas on roll call and motion carried.

            c.         Discussion of Regulating Canopies (Portable Carports) within the City Limits

            Workman indicated he felt the city should consider looking into regulating the temporary/semi-permanent/permanent canopies people often use like a garage that were “popping up” all over. He advised since people were using them as a garage they might as well apply for a (zoning) building permit and they end up doing this instead to avoid getting a permit. Workman advised he felt they could be a hazard to them or their neighbor when a big wind comes along. He advised he didn’t know what should be done, but he felt something needed to be set and regulated before they were all over town and it could become a real nuisance.

            Robertson inquired of the Law Director is he was aware of anything in the zoning code.

            Bower advised no, not for canopies.

            Boggs advised he would imagine it would be covered under zoning, but these were something new and there was nothing in our zoning code (regulating such).

            Carey advised he felt it would depend on what they were used for.

            Workman advised most of the ones he has seen were for cars. He advised he has seen some draped and he knew of one in a backyard. Workman indicated he understood why neighbors would be concerned about the wind carrying it onto their property and causing damage.

            Boggs advised he could send an email to other city administrators to see if they anything in their ordinances that cover these (structures).

City Manager’s Remarks

            City Manager Larry Boggs advised he hoped to have department head staff meetings soon to go over capital projects and as soon as those were determined they would be bringing them to Council for their consideration. He advised he didn’t want to make any recommendations until they see where they stood with the revenues for the upcoming year.

a.                   Approval of Financial Report for December

Carey moved to approve, upon roll call; Workman-Yes, Russell-Abstain, Lapehn-Yes, Beaumont-Yes, Hanlon-Yes, Carey-Yes and motion carried.

Finance Director’s Remarks

            Finance Director Barbara Rissland advised she included several financial reports in the packet and she requested feedback as to Council’s thoughts. She advised instead of a revenue report that compares collected to estimate she included a revenue report that compares this year to last year as she felt that was a little more helpful. Rissland inquired if this was something Council would like to see. She advised the full revenue report was approximately 8 pages so she could still do both.

            Carey advised he felt it would be good to include both so they could see how they were doing.

            Robertson inquired if they wanted it monthly or quarterly.

            Carey advised quarterly was probably sufficient to see if they were running close to the estimated.

            Rissland advised they ended the year better than they had originally anticipated and that was a good thing.

            Boggs advised it puts the city over the threshold mark where they would again be negotiating with the unions. He advised he would rather have that (situation) than be at “rock bottom”.

Council Remarks

            Council Member Bill Workman thanked everyone for coming. He thanked the finance director for providing all the reports and he indicated it was a learning process.

            Council Member Richard Lapehn had no remarks.

            Council Member Glen Russell had no remarks.

            Council Member Rick Hanlon thanked everyone for coming. He inquired as to how the other council members felt about allowing the law director drafting something for a property maintenance code similar in content to what Orrville adopted. Hanlon advised hopefully there would be enough “teeth” in (adopting Orrville’s content) to “win” (in court when challenged). He advised what Rittman currently has didn’t appear to have much “teeth” at all currently. Hanlon advised the original Rittman draft was so far out there by using the International Property Maintenance Code with fees to landlords and this and that he didn’t think they even wanted to try to amend that (proposed document). He advised it appeared Orrville’s was working for them and he felt they should adopt something that was working and Orrville’s seemed decent.

            Robertson inquired if that was something for the law director or if a committee should be formed to look at it.

            It was noted, Council was provided a copy of Orrville’s code in a previous packet.

            Beaumont advised he was willing to serve on a committee regarding property maintenance.

            Hanlon advised he didn’t know what they needed and ultimately it would need to come before Council in ordinance form and the reason he thought they were looking to the law director’s office to write the legislation.

            Carey advised they needed the code, as we would want it before the law director would write it as an ordinance.

            Robertson advised some direction from Council was needed to minimize how much interpretation would be on the law director’s part.

            Bower advised he felt he was being directed to clone Orrville’s (property maintenance code).

            Hanlon indicated the codified numbering would need to fit into Rittman’s format.

            Workman advised he liked the idea of forming a committee.

            Beaumont inquired if the committee would consist of just Councilman or if they choose a couple people from the community. He advised they would be affecting the rules and regulations for the whole town whether it was commercial or residential. Beaumont advised he felt they should get some landlords, commercial property owners, etcetera and he wasn’t trying to make it expansive, but as far as putting the language together they could get ideas to be able to give the law director some direction.

            Workman agreed and advised they needed to get it done and not dilly-dally, as he knew it died previously.

            Hanlon advised it has died in several committees over the years and the reason there was nothing new (adopted) since 1979.

            Police Chief Mike Burg advised as far as property maintenance and the problems they have enforcing what they have currently he inquired if Orrville’s property maintenance would cover the canopy type structures.

            Hanlon advised only if it were in the definitions would be his answer. Hanlon advised right now they were working without a chapter and he suggested they have the law director put something together and Council could review it and the town could let us know if there was a problem and they would have three readings over six weeks and they would be into the summer months. He advised at least they would have something that could be enforced, as currently there was nothing that was enforceable.

            Workman advised if they get a committee and get everyone input including the police department and there would still be opportunity to hear feedback from all different areas of town.

            Hanlon advised Orrville’s (PMC) was dated 1998 and they have had ten years to make changes.

            Workman indicated he felt they should meet with several entities and listen to their input and once an ordinance was adopted they could say they made every effort to give people the opportunity to voice their concerns.

            Beaumont advised he wanted to get it right and if it took an extra month or two to get an ad hoc committee together to make sure we understand what we were doing as opposed to having something drawn up. He advised we have waited this long and he agreed it needed to be done. Beaumont advised if we ask for input from builders, landlords, commercial property owners, those people who would be concerned about putting together this type of plan so we have some uniformity in town and they could have their voices heard.

            Hanlon inquired what if we schedule it in a workshop.

            Boggs advised they could and he suggested they have a representative from the police department, the fire department and possibly 2 landlords and 2 average citizens. He advised his concern was not only the residential, but the business section as well should we have to go in that direction, he wanted to make sure it was right. Boggs advised he agreed we need to get it done, but he also agrees we shouldn’t just pass something to get it passed, but we as Rittman needed to make sure we could enforce in the courts in Wayne County. He advised he wasn’t opposed to Orrville’s code versus the International PMC. Boggs advised he agreed they should make sure they had something that would hold up in court so they were “spinning their wheels”.

            Hanlon advised he wasn’t suggesting the law director draft something in ordinance form so we could pass it the next meeting. He advised it was to see if it would even fit in with our codified ordinances and maybe that would take a month to six weeks. Hanlon advised if they were going to invite members of the community and builders and such, they couldn’t just hand them the Rittman draft (International PMC) and say this was our starting point.

            Boggs advised if the majority of Council liked the ordinance format, he would agree that was where they should start.

            Robertson advised so put together a Rittman draft of the Orrville property maintenance code as a start for discussion.

            Boggs advised they could try to put that together and move from there as to if they wanted to form a committee or invite nominees to the workshop.

            Hanlon advised he didn’t foresee this passing anytime soon, but he felt they needed to get “off the block” on it and get started.

            Boggs advised along those lines he received a phone call from the federal EPA and put him in touch with some Minneapolis, MN administrators and apparently they have a unique way of dealing with this problem of abandoned businesses that were still owned and nothing was happening. He advised they (MN) passed a property maintenance tax and after a period of time that tax increases if the property was still vacant and not in compliance with regulations. Boggs advised he was trying to get a copy of it, but he was still trying to make contact with the right party.

            Council Member Lynn Beaumont had no remarks.

            Council Member Darrell Carey had no remarks.

            Mayor William Robertson congratulated Boggs on getting the Caraustar property on the front page of The Post, as he felt the pictures were very telling and got a lot of people’s attention.

a.       Approval of Vouchers 52490 thru 52565 Including Then and Now

Certificates A question was asked regarding referee fees on several vouchers. Lapehn moved to approve, all Yeas on roll call and motion carried.

Adjourn: 8:03 p.m.

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

________________________________Mayor

__ ______________________

Clerk of Council