DRAFT
CITY OF ROCKY RIVER
JANUARY 10, 2005
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. Potterfield, Mr. Frost, Mrs. Bartolozzi,
Mr. Hagan, Mrs. Bobst
Absent: Mr. Hurtuk
Administration: Mayor Knoble, Mr. Linden, Mr. Thomas, Mr. Lesiecki, Mrs. Calladine
Law Director: Mr. Matty
Press: Mrs. McKenzie
The meeting was opened with the Pledge of Allegiance.
Mrs. Bobst expressed condolences to Mr. Hurtuk and his family on the passing of his mother last week.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hagan, that the reading of the minutes of the Legislative Meeting of December 27 and the Committee-of-the-Whole of January 3 be waived and that the minutes be accepted as submitted.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Minutes of the meeting of the Planning, Zoning and Economic Development Committee of December 13 will be considered at the next meeting of the committee.
MAYOR'S REPORT:
The Mayor reported more sad news: the father of Susan Wollenzier, retired Finance Director, passed away this morning.
There will be a meeting for persons interested, for or against, a skateboard park operated by the City, on Wednesday, January 19 at the Don Umerley Civic Center at 7:30 p.m. This will be an information-gathering meeting, and the Mayor encouraged all with an interest to attend.
The first of the budget meetings with directors has been held and the Mayor expects to continue the process during the week, completing the meetings within 5 or 6 working days. The Administration will then work toward the mandatory budget submittal at the end of the month.
The Beautification Committee will meet tomorrow at the Don Umerley Civic Center.
Because Gar Downing has declined a reappointment to the BZA for another term, the Mayor will swear in a new member at the meeting this Thursday. Mr. Downing believes that a periodic change is beneficial to the Board, and the Mayor commented that he has done a terrific job and will be missed. He will be replaced by Ms. Bobbie VanAtta, currently an alternate. Ms. VanAtta is an attorney, and active in a number of groups.
Two ordinances on this evening's agenda are the result of the completion of labor negotiations and a three-year contract with members of the Employee's Association of the WWTP.
Two DARE graduation ceremonies will soon be held: at St. Christopher on January 20 at ll a.m. and at Ruffing Montessori on January 28 at 10:30 a.m. The usual format is for the Mayor, a judge or the Police Chief to speak briefly, then several essays are read by their authors, and finally the distribution of medallions significant of the day.
Next Monday, in commemoration of Martin Luther King Jr. Day, a non-denominational service will be held at Rocky River Methodist Church on Detroit at 7:00. All are invited.
LAW DIRECTOR'S REPORT:
During the past week, in the Court of Common Pleas, a pre-trial was held in the case of Skliros Construction v. Apex. Skliros was a subcontractor in the Elmwood Cabin project and he has filed a suit against the general contractor and the City. Mr. Matty filed a motion for summary judgment, which was granted, to dismiss the City from the suit without cost. The suit will proceed without the City as a defendant.
Since the last meeting, successful negotiations have been carried out with the WWTP Employee's Association who represent themselves. A three-year contract was ratified with pay increases of 3% for 2005, 2.5% for 2006 and 2.7% for 2007. Among other changes was a provision that the City would pay for health care for a single employee up to $3500 and for family coverage up to $8700 and no more. Any charges in excess of that figure would be paid by the employee; an alternative is also being offered with reduced coverage, but fully paid. Further, employees will, at the City's option, be able to choose direct deposit of checks and the City's new substance abuse policy was accepted.
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS:
Mrs. Bobst announced that next week, in observance of Martin Luther King Jr. Day, the Council and committee meetings will be held on Tuesday, January 18. The Committee-of-the-Whole will meet at 8:00 p.m. and the Planning, Zoning and Economic Development Committee, 7:00 p.m.
AUDIENCE PARTICIPATION:
Carole Calladine, Rocky River Director of Senior Services, spoke on Resolution No.4-05. This resolution will accept a grant from the Western Reserve Area Agency on Aging through the State of Ohio. This grant was requested to form a caregiver support group and to finance a Caregivers' Health Fair. Up to $3650 was awarded, and the only cost involved will be to have the social worker give a monthly class to help those caring for friends, significant others, parents or spouses. Director Calladine urged passage of the resolution this evening so that the City can enter into the contract.
Bob Kelly, 20177 WestHaven Lane, presented Council with the plans reviewed by the Zoning and Planning Commissions prior to accepting the Beachcliff Row development. He then read a letter explaining the plan's density plan, the height limits, building elevations and the target area section at Linda Street. (Exhibit "A")
He went on to address Ordinance No. 2-05, a proposed rezoning of the American Legion property from Local Business to Multi-Family (MF-R5). He indicated that since this zoning would permit 4-5 stories and the proposed plan had a flat roof, he felt this was more appropriate for a commercial setting and were not appropriate for this neighborhood. He stated that he favors development, but felt that it must harmonize with the neighborhood. He feels this is too radical and not beneficial.
RESOLUTION NO. 133-04 BY EARL W. POTTERFIELD
A RESOLUTION ADOPTING A COMPREHENSIVE GENERAL PLAN KNOWN AS THE ROCKY RIVER MASTER PLAN
This resolution has been referred to the Planning Commission. This will be discussed at the meeting of his committee next week at 7:00 p.m.
RESOLUTION NO. 1-05 BY MAYOR WILLIAM F. KNOBLE
A RESOLUTION OF INTENT TO APPROPRIATE A FEE SIMPLE INTEREST IN CERTAIN REAL ESTATE
1ST READING
This resolution had a first reading and was referred to the Planning, Zoning and Economic Development Committee for discussion at its meeting on January 24 at 7:00 p.m.
ORDINANCE NO. 2-05 BY EARL W. POTTERFIELD
AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NOS. 301-17-001, 301-17-005, 301-17-006 AND 301-17-018 FROM THEIR PRESENT CLASSIFICATION OF LOCAL BUSINESS TO MULTI-FAMILY (MF-R5), AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Mr. Potterfield, after the first reading, referred this rezoning ordinance to the Planning Commission for consideration at its next meeting, on January 18.
ORDINANCE NO. 3-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE OFFICE SUPPLIES UNDER THE STATE COOPERATIVE PURCHASING ACT FROM OFFICE MAX
1ST READING
Mr. Hagan indicated that this topic will be discussed at the next meeting of the Committee-of-the-Whole.
Mr. Gollinger asked if, after passage of this ordinance, purchases could be made at the local Office Max store in Rocky River. Mr. Linden responded that as of now, that would not be possible at the same lower prices.
RESOLUTION NO. 4-05 BY BRIAN F. HAGAN
AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE WESTERN RESERVE AREA AGENCY ON AGING FOR THE PURPOSE OF PROVIDING TITLE III SERVICE(S) AS DESCRIBED IN THE OLDER AMERICANS ACT OF 1965, FOR A PERIOD COMMENCING JANUARY 1, 2005 THROUGH DECEMBER 31, 2005, AGREEMENT ATTACHED HERETO AS EXHIBIT "A"
1ST READING
Moved by Mrs. Bobst, seconded by Mr. Frost and Mrs. Bartolozzi, that the rule requiring that Resolution No. 4-05 be read on three separate days be suspended, and that Resolution No. 4-05 be placed upon its passage:
Discussion: This is a grant applied for by our Senior Center. The only cost will be the services rendered by the social worker. Attached are the program details, and there is no reason to delay passage.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mr. Gollinger, Mr. Frost and Mrs. Bartolozzi, that Resolution No. 4-05 be passed as read:
Discussion: This new program will fill an important need in the community, and Mrs. Bobst applauded the efforts of the social workers on behalf of the caregivers.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 5-05 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2005 3/4 TON PICK UP TRUCK WITH SNOW PLOW PACKAGE FOR THE SERVICE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM BOB ROSS BUICK AT A COST NOT TO EXCEED $20,168.50
1ST READING
Mrs. Bartolozzi asked that this ordinance be discussed at the next Committee-of-the-Whole.
ORDINANCE NO 6-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH THE ROCKY RIVER WASTEWATER EMPLOYEE'S ASSOCIATION AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hagan, seconded by Mr. Frost, that the rule requiring that Ordinance No. 6-05 be read on three separate days be suspended, and that Ordinance No. 6-05 be placed upon its passage:
Discussion: Mr. Hagan wondered if any of his colleagues had questions on the contracts.
Mr. Matty requested that Council consider this ordinance for passage this evening so that the employees would have a seamless transition to the new pay scale and conditions of the new contract attached to the ordinance, rather than a six-week wait and a retroactive pay raise. This is why the negotiating team worked so hard to finish their work and Mr. Matty asked Mrs. Whitman to see that the item was ready in time for this week's agenda. Since Mr. Hagan had read the contract and had no real concerns, the consideration proceeded.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Frost, that Ordinance No. 6-05 be passed as read:
Discussion: Mr. Hagan first indicated that he appreciated the palatable pay increases.
Mr. Matty said that in addition to the changes already enumerated in the Law Director's Report, licensed operators would have to abide by EPA rulings to renew their licenses as a condition of employment. He noted that the association is made up of employees who are negotiating their own contracts. This association has had an excellent record of settling grievances with their superintendent or Mr. Linden without unnecessary legalities. They have worked well with the City and Mr. Matty was pleased to have been able to accomplish negotiations in a timely manner.
Mr. Frost said that in reviewing the contract, he had no immediate questions, but since he did not have a prior contract, he asked Mr. Matty if there were other changes not yet mentioned, particularly concessions by the City. Mr. Matty could think of none.
Mr. Gollinger asked if this contract is binding on the other cities served by the WWTP. Mr. Matty said that the contract will be approved by the Management Board, and that ordinances in those cities would not be necessary. They are necessary here because Director Thomas is the paying agency for WWTP employees.
Mr. Frost asked about uniforms and longevity.
Mr. Matty apologized for forgetting that there is a $25 annual increase in uniform allowance. There are no changes in longevity payments.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO.7-05 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE CREATING POSITIONS AND FIXING THE ANNUAL SALARIES AND HOURLY RATES FOR THE APPOINTED EMPLOYEES IN THE SEVERAL DIVISIONS AND DEPARTMENTS OF THE CITY OF ROCKY RIVER
1ST READING
Moved by Mrs. Bobst, seconded by Mr. Potterfield, that the rule requiring that Ordinance No. 7-05 be read on three separate days be suspended, and that Ordinance No. 7-05 be placed upon its passage:
Discussion: Mrs. Bobst noted that this is a companion ordinance to Ordinance No. 6-05 and incorporates the new pay scale agreed upon in the above ordinance. Passage of this ordinance tonight means a seamless transition to the new contract.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that Ordinance No. 7-05 be passed as read:
Discussion: It makes sense to pass this ordinance this evening since the contract was passed and payments can be made.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 8-05 BY BRIAN A. HURTUK
AN ORDINANCE AMENDING, BY THE ADDITION OF SECTION 6.1, ORDINANCE 185-04 WHICH PROVIDES FOR THE ISSUANCE OF $8,400,000 IN PRINCIPAL AMOUNT OF BONDS FOR THE PURPOSE OF IMPROVING, FURNISHING AND EQUIPPING THE DON UMERLEY CIVIC FACILITY AND IMPROVING RELATED SITES AND DECLARING AN EMERGENCY
1ST READING
Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 8-05 be read on three separate days be suspended, and that Ordinance No. 8-05 be placed upon its passage:
Discussion: As mentioned at last week's Committee-of-the-Whole, the bond counsel engaged by the City to assist in the bonding process has notified the City that clarification is needed. Mr. Thomas explained that with this amendment we have added that the bonds are designated as qualified tax-exempt obligations. This provides incentives for banks to hold them as investments. It means that the City will not issue more than $10 million in a given year. Banks will be able to deduct a portion of carrying fees and this should result in a lower rate, once issued.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that Ordinance No. 8-05 be passed as read:
Discussion: Mrs. Bobst thanked Mr. Thomas and also noted that she appreciated the work of the bond counsel.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS: NONE
AUDIENCE PARTICIPATION:
Elizabeth Wilson Skryzmoski, 313 Riverdale Drive, spoke at length about problems she has been having with her property in the Yacht Club basin. Among them: since June 30, 30 incidents of vandalism to her property and still continuing; constant littering; difficulty with the Police Department in making reports on the 30 incidents; problems with an unevicted tenant; damage to sandbags protecting her property from water damage, and being cited by the Building Department for not cleaning the litter she complained about.
Mrs. Bobst explained that these issues are administrative in nature and should be reviewed by Mr. Linden.
After reiterating her complaints, she agreed to see Mr. Linden with the documents she had brought to see if the problems could be resolved. She then asked Mr. Matty a question about her property with reference to the ordinance passed on rental property on November 22.
Mr. Matty responded that all questions about private property must be directed to her own attorney. She is, however, subject to all rental laws passed. If she has a complaint about the Police Department, it must be directed to the Director of Public Safety-Service who will investigate.
Fred I. Sokol, 20021 Parkview, read a letter which he called a "Contract with Residents". (Exhibit "B")
As there was no further business by members of Council, the meeting was adjourned at 9:10 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 10, 2005. These minutes may be amended or revised at the next Legislative Meeting.