DRAFT



CITY OF ROCKY RIVER



FEBRUARY 17, 2004





The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 8:00 p.m.



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

Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

Administration: Mayor Knoble, Mr. Linden



Law Director: Mr. Matty



Press: Mr. White



The meeting was opened with the Pledge of Allegiance.



MAYOR'S REPORT:



Mayor Knoble and Mr. Linden have received a few calls concerning the dirt currently found on City streets. He explained that there is excess dirt because for safety and economic reasons, the City has been adding sand to the road salt in very cold weather such as we experienced in January and February. The sand gives added traction at temperatures below 16 or 17 degrees. Further, it costs only $10/ton vs. $31/ton for salt. Normally, by this time, rain will have washed away the salt so that the remaining sand can be picked up by a street sweeper without harm to the machine, but this year, that has not happened, and the salt remains. Because of the condition of the streets, however, the center of the streets will be swept so that the roads look neater.



A press release from Director Patterson of the Recreation Department announced that Elmwood Cabin has received a Meritorious Award for the Facility Development Category from the Ohio Parks and Recreation Association at its annual Education Conference and Trade Show held in Columbus. Our cabin was in competition with more than 100 submissions.



On Thursday, February 12, Fire Chief Flynn attended a seminar on bioterrorism sponsored by the Cuyahoga County Board of Health. Information on a response plan and the role of the community will be disseminated to City departments.



The Mayor attended the opening last week of the Emergency Room addition at St. John/West shore hospital, commenting that it was a nice facility. On view was the space allotted for the proposed Westshore EMS fire centralized dispatch. Bids for the system should be in by the end of the month. This will provide information on costs and feasibility discussions will follow.



A meeting will be held on Wednesday, March 3, for residents affected by the Wooster Road construction this summer. The meeting, held jointly with Fairview Park, will be at the FP City Hall at 7:00 p.m. An engineer will be in attendance to discuss the process of closing the southbound portion of the road and construction schedules. Rocky River will notify residents affected of the meeting.



Finally, the Mayor requested an Executive Session to discuss the purchase or sale of property by the City.



UNFINISHED BUSINESS:



Ordinance No. 18-04: This ordinance, authorizing a contract with Community Challenge, has been discussed at previous meetings. Mr. Hurtuk indicated that unless there are other comments from members of Council at the Finance Committee meeting, he will move for passage next Monday on the Consent Agenda.



Ordinance No. 19-04: This change to the platform area for play structures was presented to the Planning Commission this evening. Mr. Potterfield indicated that the vote was 4 to 1 in favor or recommending passage, with Mr. Bishop in opposition. The second reading will be next Monday.



Ordinance No. 21-04: This ordinance, outlining the 2004 Budget, will have its second reading next week. Tomorrow the first Finance Committee meeting to discuss the budget will be held in the David J. Cook Council Chambers at 2:00 p.m. Several invited guests will help committee members discuss expenditures. Next Monday, at 6:30 p.m. the second meeting, dealing mostly with revenues, will be held. Mr. Koran, originally scheduled to speak at tomorrow's meeting will instead be at next Monday's meeting.



Ordinance No. 22-04: Fabrizi Trucking and Paving submitted the lowest bid for repair or replacement of damaged fire hydrants. Mr. Linden noted that the cost of the hydrant was significantly less with this company than the other bidders, and recommended passage. Mr. Frost agreed, and will place the ordinance on the Consent Agenda.



Ordinance No. 23-04: This ordinance deals with the general maintenance and repair of fire suppression systems. Although three bids were received, one supplier did not use the bid form or adhere to the specifications set out by the Fire Prevention Officer, and thus was not considered. ABCO submitted the lowest bid and was lower on overtime costs. Although a little higher on CO2 extinguishers, we have only 7 of 197 of that type and they are being phased out. Mrs. Bartolozzi indicated that she will move for passage on the Consent Agenda.



Ordinance No. 28-04, 29-04 and 30-04: These ordinances are concerned with the Hilliard Blvd sanitary sewer project, and have been read once. Mr. Hagan has conferred with Mr. Lesiecki, and is now only waiting to see where the project fits in to the 2004 budget. Although he will probably move for a rule suspension, he will not place the ordinances on the consent agenda in case members wish to discuss them in the light of the budget hearings. Mr. Potterfield asked if consideration has been given to replacement of water mains on Hilliard before resurfacing. The Mayor observed that while the City did not plan to replace the mains at this time, he had just discussed this possibility with Mr. Lesiecki and has asked for a breakage report from the City of Cleveland. This is not, however, a situation like Orchard Park where the breaks occur constantly because the pipes are so old. When the report has been received, however, he will discuss it further. Mr. Gollinger asked if perhaps the City of Cleveland would have financial responsibility for the replacement, since this is a main artery. Mr. Linden stated that he could recall only five leaks on Hilliard, not all due to breakage. Mayor Knoble will look into the situation.



MISCELLANEOUS BUSINESS: NONE



COMMITTEE REPORTS:



Environmental Committee: Mr. Gollinger reported that the meeting of the Environmental Committee scheduled for this evening was not held on the advice of the Law Director because, even though no legislation was to be discussed, an agenda was not published. The meeting will be rescheduled.

The Parks and Recreation Commission will meet tomorrow at 8:00 a.m. in the pavilion at the ice rink.



NEW BUSINESS:



Ordinance No. 31-04: This ordinance, authorizing compensation relative to the Police Department canine will be considered on the Consent Agenda.



Ordinance No. 32-04: Mr. Hagan noted that this turf field agreement with the schools was brought to Council by the Law Director to be routed through the Contracts Committee, and will have a first reading this Monday. At the same time, attorneys for the Board of Education will forward any changes they wish to make on the record by Monday when it will be referred to the Contracts Committee.



COMMUNICATIONS AND ANNOUNCEMENTS:



Mr. Hagan expressed his condolences, and those of Council members to the family of Alice Cater, a longtime employee of the Rocky River Municipal Court under Mr. Gareau. He noted that her smile and her hard work would be missed, and once more offered his sympathy.



Mr. Hurtuk has received an e-mail from Heather Macalla in support of the diving boards at the pool. This will be entered into the record at the next Legislative Meeting.





A meeting of the Finance Committee, a first step in the budget review process, will be held tomorrow at 2:00 p.m. in the David J. Cook Council Chambers.

MOTION:



Moved by Mrs. Bobst, seconded by Mr. Potterfield, that at the request of the Mayor, an Executive Session be held immediately following the meeting to consider the purchase of property for public purposes, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED





The meeting was adjourned at 8:25 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 Committee-of-the-Whole of February 17, 2004. These minutes may be amended or revised at the next Legislative Meeting.





CITY OF ROCKY RIVER



FEBRUARY 17, 2004



Environmental Committee



The meeting of the Environmental Committee was not held, based upon the Law Director's



recommendation because although no legislation was to be discussed, no agenda was published in



advance of the meeting.





No discussions were held. The meeting will be rescheduled.





DRAFT



CITY OF ROCKY RIVER



FEBRUARY 12, 2004



Safety Committee



Working Group on Animal Control Laws



The meeting of the Working Group on Animal Control Laws was called to order by the Chairman, Dr. Parraga, at 7:00 p.m. in the Committee Room.



Safety Committee Working Group on Animal Control Laws Present:

Susan Godfrey, Paulette McGreevey, Isabel Parraga, John Reveley, Jim Skelly, Candia Sweet



Administration: Mr. Hearn





The meeting was called to order by the chairman, Dr. Parraga, at 7:00 p.m. She began by distributing minutes of the January 12 meeting and explaining the consent agenda. She asked that members review the minutes so that they could be considered at the next meeting, which will be February 24.

Mr. Frost spoke briefly to the group, thanking them for their work in developing recommendations for the Safety Committee in its consideration of the Code chapter dealing with animals. He added that if members of the Safety Committee were needed, they should be invited to attend, and he encouraged them to call upon Council or the Administration for any questions. He finally suggested that they may wish to select a clerk to document their meetings.



Reviewing the agenda, Dr. Parraga called upon Candia Sweet for information and discussions on Code sections 505.11, 505.12 and 505.13 dealing with dangerous and vicious dogs.



Ms. Sweet reported that she had invited Melanie Tiernie, who has recently worked with Bay Village in the formulation of their regulations. Ms. Tiernie has an extensive background working with animal legislation and much experience in working with dogs. Ms. Sweet began by observing that the Code as written today is hard to follow. She distributed written recommendations she had prepared in concert with Dr. Reveley (Exhibit "A"), enumerating changes and sections they thought should be added.



In Section 505.11, they recommend the following:



In Section 505.12, they recommend:

Dr. Parraga suggested, that as time was limited, that it may be helpful to move ahead to a discussion of cats, and at their convenience, members could e-mail recommendations to Ms. Sweet. She could then prepare an amended form and eventually, recommendations would be made to the Safety Committee. It was decided to continue as time permits.



In Section 505.13, recommendations include:



Ms. Sweet noted the changes that had been recommended by working group members and will produce a second draft incorporating some of those changes in an effort to clarify the laws and their penalties. This will be presented, with other topics, at a later meeting.



Ms. Tiernie emphasized her opinon that the object should always be to make laws that are fair, reasonable and enforceable.



Dr. Reveley continued with his presentation on cats. He distributed his report (Exhibit "B") which he quickly reviewed, making the points that male cat urine is very malodorous; that fights are frequent; that diseases can be spread among cats, and that some diseases can be spread to humans, usually not serious. Cats can be a problem because they are not licensed; because many are strays, being fed by kind residents; many will not tolerate a collar, and they cannot be confined by conventional means like dogs.



Ms. Tiernie added that where cat licensing has been attempted, only roughly 3% are licensed. Many cats are feral and should be treated like wildlife. Mr. Hearn explained that Rocky River has an animal at large law, and loose cats are impounded. Beginning March 1, the APL will no longer accept cats, so he will try to keep them longer, but they may have to be euthanized in-house. He also likes the idea of cat identification so that if the cat is loose, he can return it to its owner. Ms. Tiernie says that one aspect of our culture is the feeling that cats should have indoor/outdoor freedom.

Mr. Hearn pointed out that it is difficult to confine a cat. However, if residents complain, he will provide a trap. Dr. Reveley indicated that when x-raying cats for other reasons, it is very common to find a pellet which the cat has survived.



Ms. Tiernie offered to query her cat groups to see what solutions are out there and report back to the working group. She raised the question of the limit Rocky River places on animals, noting that the person with multiple pets is not the same as a person who "hoards" animals as part of a mental illness.



Dr. Parraga suggested placing this issue, the number of animals permitted, on the agenda for future discussion. Ms. Tiernie commented that control over too many animals can also be exerted through a nuisance ordinance since filth, stench, insects etc. are usually present.



Dr. Parraga announced that at the next meeting, February 24, Chris Pfeil will present a report on dog parks. She suggested that anyone with suggestions or comments, particularly those not present this evening, e-mail Ms. Sweet to help her with revisions on her section.

The March 8 meeting will be a report to the Safety Committee on progress to date.



A short final discussion was held on the recent Olmsted Falls doghouse issue in which the city mandated standards for outdoor shelter for dogs and cats. This attempt at protection of companion animals was ill-advised, she thought, because it is impossible to confine cats to an outdoor house and stating building specifications for shelter is a burden on residents. This legislation is not in keeping with her standards of fair, reasonable and enforceable. Because the nature of animals is so diverse, their needs are also. She does not recommend this type of legislation.



It was decided that the next meeting will be Wednesday, March 24. Dr. Parraga feels that the work of the committee will be completed in a timely fashion if, since the working group meets with the Safety Committee once every other month, one meeting is held during that month and two in months with no other meeting. March 25 is the alternate date for the March meeting. Two meetings will be held in April.



The meeting was adjourned at 9:00 p.m.



_______________________________ _______________________________

Isabel Parraga, Chairman Misao Kurokawa

Working Group on Animal Control Laws Clerk of Council



Please note: This is a draft copy of the minutes of the Working Group on Animal Control Laws meeting of February 12. These minutes may be revised or amended at the next Legislative Meeting.



DRAFT



CITY OF ROCKY RIVER



FEBRUARY 18, 2004



Finance Committee

The meeting of the Finance Committee was called to order by the Chairman, Mr. Hurtuk, at 2:28 p.m. in the David J. Cook Council Chambers.



Finance Committee Members Present: Mr. Hurtuk, Mrs. Bobst, Mr. Frost

Council members present: Mr. Potterfield, Mrs. Bartolozzi, Mr. Hagan



Administration: Mayor Knoble, Ms. Wollenzier, Mr. Lesiecki, Mr. Patterson, Mrs. Calladine

Also present: Judge Gravens, Judge Fitzsimmons, Magistrate Valponi, Clerk of Court Gareau



Law Director: Not needed or requested



Mr. Hurtuk opened the meeting with thanks to Council members and particularly to department heads for attending the meeting. He added that the objective of the meeting was to promote more communication between City departments and Council and to help Council understand how money is spent.



Ms. Wollenzier distributed sheets with budget changes to Council. Changes were not substantive, but corrections in details. Several additional pages to the budget were discussed and requested by Council members.

In discussing individual department budgets, Mrs. Bobst pointed out that there was a consolidation for furnishings and fixtures; rather than showing amounts in individual departments, they are shown together. This means that this year's budget may not be a true reflection compared to 2003. This is not true for the judges, court, WWTP, and sanitary sewers.





Carole Calladine, Senior Services came to address the senior budget which was prepared by her predecessor, Ms. Waltz Umerley.

Mayor Knoble mentioned that although there is no provision in the budget for this project, research is ongoing to see if the Cravings greenhouse can be disassembled or somehow moved and relocated off the patio area behind the garage of the Senior Center where it can be used as an activity center and historical piece. If it should be possible, the Mayor hopes to handle the financing as a community fund-raising event as was done with the fire truck.





Judge Gravens, Judge Congeni Fitzsimmons, Magistrate Valponi and Clerk of Court Gareau then spoke to Council on their respective budgets. Mr. Hurtuk thanked them for coming and again spoke of opening the lines of communication between the City and the Court. The Mayor then commented that he considered the Court an asset to the community with certain intangibles and benefits to our restaurants, office space, etc. In his analysis of the 2003 expenses incurred on behalf of the Court including offsetting income taxes, he estimated that the City's out-of-pocket expense was $50-$70,000 for expenses such as utilities, cleaning, insurance and supplies which are not covered by the agreement with the other cities using Court services.

Judge Gravens reported that in the last half of last year, regular budget meetings were held which included all court departments. The court is more integrated because it is computerized. The docket is available now, 24/7. The new budget reflects those discussions. Some changes have been caused by changes in the law which affect municipal courts, including a total restructuring of some traffic sections (reflected in recently passed ordinances), a new domestic violence law, and new laws on restitution. An allotment has been made for more manpower hours in anticipation of potential changes which will be necessitated by SB 123 and HB 490, as yet unknown.



Mr. Gareau distributed copies of the Clerk's budget showing that the computer tech budget has been decreased by $340,000 from last year's equipping of the new building, but still provides for replacement of 30 computers, a move recommended by Michael Bracken, to keep technology current and avoid high maintenance costs. His program would replace computers after three years instead of seven. This will be financed by the special user charge levied by the Court, Tech Funds A and B. Mr. Gareau suggested passage of ordinances so that computers no longer needed by the Court could be sold in some other manner than through the Police auction where they bring very little.

Mr. Hurtuk asked about the number of employees and was told that there are 13 full-time, and 8 part-time.

The judges' budget is basically the same posture as last year, with a 3% increase to its lean staff who are working harder than ever in a three-tiered building, spurred by new technology.

Mr. Bracken is working on an interactive website which will allow payment on the internet. Mr. Gareau anticipates an increase in revenues.

Mrs. Bobst asked about the probation and mediation budgets. Judge Gravens responded that these programs are basically self-funding through charges levied to be in those programs. Another possibility being explored is a capital recovery program with a hired agent who will collect overdue monies. The charge will be 30%, but it will be paid by the debtor and the Court will receive its full 100% of funds owed. The company has been successful elsewhere, and the hope is to collect 50% of outstanding fines and fees, as some are uncollectible.





Next to speak was Michael Patterson, Director of Recreation. Mr. Patterson noted that his budget contained all recreation programs, including the Civic Center, Ice Rink, pool, soccer, concessions, Elmwood Park operation and cabin and many other recreation programs, all administered by 13 full-time and 250 part-time and seasonal employees.

The last guest for the day was Richard Lesiecki, City Engineer and Director of Building. The Mayor prefaced his talk by noting that he is working on the 2005-2007 capital projects, e.g. Lake Road will be repaved by ODOT in 2006 on an 80/20 split, so questions will arise as to whether or not the City will want to replace curbs, sidewalks, sewers, catch basins, etc. at that time. Mr. Lesiecki pointed out that to prepare for this project, engineering must be done in 2004 and 2005 in order to meet the timetable for the state's fiscal year. Also proposed is Center Ridge Road east of Wagar in 2006 (80/20) and soon to begin, Wooster from Bonnie Bank to Carolyn which will be reconstructed, and the remainder from Lorain to Center Ridge which will be paved.



The Mayor then quickly reviewed proposed capital projects for 2004: Harwich culvert, Riverdale pump generator, needed to pump water from the Yacht Club basin, sidewalks, paving and crack sealing, city hall signs including a new electronic sign for the front, a generator for the Civic Center to be used in case of emergency evacuation, salt barn, engineering for 2005 projects, and exhaust removal in the Fire Department. Not included is the purchase of property at Shoreland and Wooster, an issue currently in legal discussion.

Finally, the Mayor requested a Council decision as to the transfer of funds from the Permanent Improvement Fund to the General Fund, which has been done only once or twice. This is necessary to restore the fiscal integrity of the General Fund, otherwise the budget must be cut. Mr. Hurtuk indicated that Monday night, Council will give him feedback on his recommendation, but at this time, it does not seem to be unreasonable.



Mr. Lesiecki's final concern was passage of the Hilliard Blvd sewer improvements ordinances on Monday evening. Since he is schedule-driven by the fact that the 90-day project must be completed by July1, he said he would appreciate passage on Monday. Mr. Hagan and Mr. Hurtuk promised to notify him if problems arose to make that impossible.



Because of the late hour, it was decided to request that Mr. Winterich, Chief Flynn and Chief Wagner return on Monday at 6:30 p.m. when the Finance Committee will meet before the Council Legislative Meeting.



Again Mr. Hurtuk said that he felt the process today had gone well, and thanked everyone for arranging their schedules to be present.





There was no further discussion from Council, and the meeting was adjourned at 4:38 p.m.

______________________________ _______________________________

Brian A. Hurtuk, Chairman Misao Kurokawa

Finance Committee Clerk of Council

Please note: This is a draft copy of the minutes of the Finance Committee meeting of February 18, 2004. These minutes may be revised or amended at the next Legislative Meeting.