DRAFT

CITY OF ROCKY RIVER

JANUARY 9, 2006

Regular meeting of Council was called to order by Mrs. Bobst, President of Council, at 8:00 p.m.

Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Frost, Mr. Hurtuk,

Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

Administration: Mayor Knoble, Mr. Linden, Mr. Thomas, Mr. Koran

Law Director: Mr. Bemer

Press: Mrs. McKenzie

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Hurtuk, that the reading of the minutes of the Legislative Meeting and Executive Session of December 29, and the Special Meeting of January 3 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

MAYOR'S REPORT:

Mayor Knoble announced with sadness that the City had lost Phil Gibbs who passed away last week. Mr. Gibbs was the chairman of the 1959 Charter Commission which formulated the original Charter. His wife Barb served on Council from 1976 to 1989. Services will be held tomorrow at 2:00 p.m. at the Rockport United Methodist Church.

The Mayor then requested that Ordinance No. 6-06 be added to tonight's agenda. This ordinance, if passed, would approve the contract negotiated by the Administration with the Service Department. He thanked members of the Administration who assisted in these negotiations: Director Linden, Special Counsel Matty and Human Resources Administrator, Mrs. Whitman. Further, he thanked the members of the Service Department and their representatives who participated in the sessions. All parties acted as ladies and gentlemen throughout the procedure, and he was pleased that the union accepted the City's final offer. He expressed appreciation to the number of residents who contacted his office, noting that there was never a question of the level of service of the department, as he agreed that they do an excellent job. He expressed pleasure at presenting the agreement which has already been signed by union representatives.

Last Tuesday one of the City's rescue vehicles was involved in an accident as it transported a 100-year old resident to Lakewood Hospital. Fortunately, the patient was not injured further, and there were no serious injuries among paramedics. The ambulance, however, is out of service as it was struck broadside, although it was using lights and siren.

• Mr. Linden commented that the City has already had two repair estimates which indicate that a new chassis will be required. The insurance investigator visited the Service Garage today, and Mr. Linden has been conferring with ambulance company representatives and insurance adjustors, trying to work out an agreement which will result in a new chassis for the ambulance. At this point, it appears that the ambulance went through a red light, although it was using its lights and sirens. In a similar occurrence in Westlake, that city was not held liable, but it remains to be seen what decisions will be made in our case. It will take approximately 60-90 days for a new chassis to be installed, and Mayor Knoble was most appreciative that the City of Lakewood has temporarily lent our City a spare unit.
  
  

The Mayor commented that residents are continuing to put leaves on the tree lawns for collection. He noted that they would be picked up if time and weather permit, but at this time of the year, there are other jobs which must be done on nice days, such as repair of potholes. He recommended that residents place their leaves in bags to be certain of collection before a snowstorm hits and the leaves are covered until spring.

The Beautification Committee will meet tomorrow evening at 7:00 p.m. at the Don Umerley Civic Center.

The Rocky River Historical Society will meet at the Joyce Umerley Senior Center auditorium at 7:00 p.m. for a program on the Schlather estate. The public is invited to attend.

Finally, the Mayor announced that he will begin budget meetings with his directors very soon.

Discussion: Mr. Gollinger asked if the damage occurred to the older or newer ambulance, and if there is a safety concern in replacing the chassis.

• The Mayor responded that there is very little difference in age between the two. Lt. Bednarski, present at the meeting, stated that it was the older vehicle that was damaged.
  
  
• Mr. Linden pointed out that there will be a warranty on the new chassis; he has been assured by vehicle dealers that there will be no danger in replacing the chassis.
  
  

Mrs. Bobst noted a request by the Mayor for an Executive Session to discuss union negotiations immediately following this Legislative Meeting.

LAW DIRECTOR'S REPORT:

Mr. Bemer indicated that he is developing his office space which is located in the former Assignment Office on the second floor when the Court was located in the City Hall building. He has been meeting with directors, reviewing contracts. He is also developing a budget for Council review.

The new Law Director has appointed Michael O'Shea as prosecutor. Mr. O'Shea's first docket was on Thursday.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Because of the Martin Luther King holiday next week, the Committee-of-the-Whole will meet on Tuesday, January 17.

The Community Improvement Corporation will also hold its annual meeting of members at 7:30 p.m. on that evening.

City Hall will be closed on Monday, January 16.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the 72-hour rule of notification be waived so that Council can consider Ordinance No. 6-06.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

AUDIENCE PARTICIPATION: NONE

MOTION:

Moved by Mr. Frost, seconded by Mr. Gollinger, that Ordinance No. 164-05 be amended by the addition of "preschool" and "library" in Sections 1 A, 1 B, and 1 D.

Discussion: This amendment reflects discussions over the course of past legislative and committee meetings where the question of enforceability and effectiveness were raised. At the behest of former Law Director Matty, the committee limited the places prohibited to those where children spend a significant amount of time, expanding the state statute.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 164-05 BY ROBERT S. FROST

AN EMERGENCY ORDINANCE CREATING NEW SECTION 533.14 ENTITLED "SEX OFFENDER RESIDENCY PROHIBITION" AND DECLARING AN EMERGENCY

3^RD READING

Moved by Mr. Frost, seconded by Mrs. Bartolozzi, that Amended Ordinance No.164-05 be passed as read:

Discussion: Mr. Frost thanked members of the Safety Committee, former Law Director Matty, and Ron Gottschalk for his assistance in developing maps. He noted that the ordinance had its genesis in conversations with a colleague in Fairview Park who had proposed similar legislation; he was also contacted by a graduate student and resident, Mark Ghazal.

His aim was to make it more difficult for convicted sex offenders to reside in areas where children, the most vulnerable victims, congregate. He pointed out that state statutes seem to be working out with their prohibitions of sex offender residences close to schools. However, he feels that vigilance and awareness on the part of parents is the best way to prevent harm to children.

• •Mr. Gollinger felt that this would be a comfort to parents. He echoed Mr. Frost's statement that this should not remove vigilance that parents and guardians use in safeguarding their children.
  
  
• •Mr. Bemer commented that he had contacted Assistant County Prosecutor Brendan Sheehan who is a specialist in safeguarding rights of children. He said that he would like Mr. Sheehan to review the ordinance before passage to be sure that it is constitutional and does not impede anyone's rights. Mr. Sheehan had expressed willingness to review the ordinance.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

RESOLUTION NO. 2-06 BY BRIAN F. HAGAN

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR OR THE SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR ROAD IMPROVEMENTS ON U.S. ROUTE 20 - CENTER RIDGE ROAD

1^ST READING

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi and Mr. Gollinger, that the rule requiring that Resolution No. 2-06 be read on three separate days be suspended, and that Resolution No. 2-06 be placed upon its passage:

Discussion: Mr. Hagan noted that at the last meeting, Mayor Knoble had indicated that the County must receive our portion of the cost of the repaving of Center Ridge Road before they can go to bid. Since this part of the road is in need of work, it should not be delayed.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Hurtuk and Mrs. Bartolozzi, that Resolution No. 2-06 be passed as read:

Discussion: Mr. Koran, the City's Director of Economic and Community Development, came forward to discuss the resolution. He indicated that, at the request of the Mayor, he had met with property owners and tenants of businesses on this portion of Center Ridge. He discovered that the owners who attended the meeting are vehemently opposed to grass tree lawns, so the City has agreed to stamped, stained concrete for those property owners.

Mr. Koran also addressed the question of how this improvement will fit with the Master Plan. Remembering that this is a "mill and fill" project, Mr. Koran noted that there would be no widening or new median, but that the stamped, stained concrete would be consistent with that used in the Detroit streetscaping project. In other ways, it is consistent with the Plan as it has decorative elements and landscaping on private property.

Westgate construction has begun. Mr. Koran is working with Fairview Park and developers. As yet, it is difficult to see the timeline, but he will keep up with developments.

Mr. Gollinger asked if the heavy equipment trucks from the Westgate construction would damage the new repaving project.

• •The Mayor said that the concrete would be recycled on site so that the heaviest loads would not be on the road. He did not think it would be a major issue, although he reminded Council that Center Ridge is a state route and carries a great deal of truck traffic. Because this is the third year that this project has been in the state budget, it must move forward despite risks. Further, there are safety issues with allowing catch basins to go without being redone.
  
  
• •The Mayor also reported numbers which had been requested last week:

The "mill & fill" project will cost $527,109.22. ODOT and USODOT will cover 85% of that total. The City's portion is approximately $63,000 and Fairview Park, $15,000. The $309,000 authorized by this resolution will be in addition to those figures to cover catch basins, aprons and curbs and other concrete work.

Mr. Hagan noted that he has heard from property owners and he is certain that they will be pleased by the addition of concrete to the project for their storefronts.

In a final question, Mr. Gollinger, referring to a newspaper article he had seen, asked Mr. Koran if the move of Target from the City is a certainty.

• •Mr. Koran responded that Lowe's has submitted plans and those plans show Target in a relocated position. So as far as the City knows, Target will be relocated in approximately two years.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 3-06 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE ADDING SECTION 153.025 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "SICK LEAVE DONATION", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the rule requiring that Ordinance No.

3-06 be read on three separate days be suspended, and that Ordinance No. 3-06 be placed upon its passage:

Discussion: Mr. Hurtuk explained that this ordinance will enable City employees to provide sick leave donations to other employees. He indicated that he would be in favor of moving forward this evening.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that Ordinance No. 3-06 be passed as read:

Discussion: The Mayor indicated that this procedure has been available in other contracts with City employees, i.e. the Fire Division. He explained that if someone is unable to work because of a non-work related illness and uses up his sick leave, this procedure would make it possible for others to donate time to this individual. He feels that this is a valuable service for City employees and would permit anyone to be able to move his/her sick leave to another City employee.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

RESOLUTION NO. 4-06 BY ALL MEMBERS OF COUNCIL

AN EMERGENCY RESOLUTION TO APPOINT LINDA S. BARTOLOZZI A MEMBER OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF ROCKY RIVER

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Hurtuk, that the rule requiring that Resolution No. 4-06 be read on three separate days be suspended, and that Resolution No. 4-06 be placed upon its passage:

Discussion: Mrs. Bobst explained that it is traditional for the chairman of the Parks & Recreation Committee of Council to be appointed to the Parks & Recreation Commission. This resolution provides for that appointment. There is no reason to delay, and as there is a meeting next week, it should be acted upon this evening.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that Resolution No. 4-06 be passed as read:

Discussion: Mrs. Bobst, who has been on the Commission for several years, indicated that she will miss serving. She wished Mrs. Bartolozzi success in the position.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 5-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO SELL (1) USED 2001 FORD CROWN VICTORIA POLICE CAR AND ONE (1) USED 1995 FORD SEDAN THAT ARE NO LONGER NEEDED FOR CITY USE WHICH WERE PUBLICLY BID FOR A TOTAL SUM OF $4,656.01

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Gollinger and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 5-06 be read on three separate days be suspended, and that Ordinance No. 5-06 be placed upon its passage:

Discussion: Mr. Hagan stated that since this ordinance makes money rather than spending it, he would like to move forward quickly.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Moran, that Ordinance No. 5-06 be passed as read:

Discussion: Mr. Linden expressed satisfaction with the bids and encouraged passage.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 6-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS REPRESENTING THE EMPLOYEES OF THE ROCKY RIVER SERVICE DIVISION, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No.

6-06 be read on three separate days be suspended, and that Ordinance No. 6-06 be placed upon its passage:

Discussion: Mr. Hagan referred to Mayor Knoble's statements that this ordinance is the result of a long negotiation with Fact-Finding. This is the agreement reached between the Service Department and the City. There is no reason to delay as it has already been signed by the union for the employees.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No. 6-06 be passed as read:

Discussion: The Mayor observed that negotiations that began in November have continued until last Friday and included federal mediators and a Fact-Finder from SERB. He explained that negotiations with the Service Department differ from police and fire in that there is no binding arbitration/conciliation, and the Service Department has the right to strike. Council accepted the Fact-Finder's report, and to settle the contract, the City raised the offer contained in that report. The Mayor then went on to outline the major provisions of the contract, including:

• •Retroactive to January 1, 2.7 % for this year, 2.75% next year and 2.8% in 2008, or almost 8½ % over three years.
• •Shift premium
• •Increased clothing allowance
• •In hospital/dental insurance, a major area of disagreement, the City maintained the need to have a cap on its expenses. For this year, the cap will increase 5%; next year, 5%, and

7½ % in 2008. This matches figures for non-union employees, WWTP and the Court.

The Mayor feels that this is a very fair contract, and he is pleased that the membership has chosen to accept it.

Mr. Moran mentioned that he had received some calls in support of the work done by the Service Department. He acknowledged that the caliber of work was never an issue, and he was pleased that employees will be able to continue their work without a strike.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that, at the request of the Mayor, an Executive Session be held immediately to discuss preparing for, conducting or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment under Article X, Section 6, Subsection 4 of the Charter.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mrs. Bobst announced once more that next week's meeting will be on Tuesday because of the Martin Luther King holiday.

AUDIENCE PARTICIPATION:

Brian Ruic, 20358 Westover, noted that he has been a resident of the City for 26 years and would like to address Amended Ordinance No. 164-05. Although he no longer has young children, he was glad to see the ordinance pass for others who should have all the support and protection that the City can give.

Mayor Knoble indicated that the City's website has a link to the County's website. From there, it is a simple matter to find out if sexual predators are living in the vicinity.

Mrs. Bobst added that it is also possible to register one's e-mail and zip code for immediate notification if a sexual predator should move into the area.

As there was no further business by members of Council, the meeting was adjourned at 8:56 p.m.

_______________________________ _______________________________

Pamela E. Bobst Misao Kurokawa

President of Council Clerk of Council

Please note: This is a draft copy of the minutes of the Legislative Meeting of January 9, 2006. These minutes may be revised or amended at the next Legislative Meeting.