CITY OF ROCKY RIVER
FEBRUARY 26, 2007
Regular meeting of Council was called to order by Mr. Hagan, President of Council, at 8:00 p.m.
in the David J. Cook Council Chambers.
Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan
Absent: Mr. Long
Administration: Mayor Bobst, Mr. Linden, Mr. Thomas
Law Director: Mr. Bemer
Press: Mr. Saylor
The meeting was opened with the Pledge of Allegiance.
MOTIONS:
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that at his request, an Executive Session be held immediately following the meeting to discuss the purchase of property for public purposes under Article X, Section 6, Subsection (2) of the Charter.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Long, that the reading of the minutes of the Legislative
Meeting and Executive Session of February 12 and the meeting of the Committee-of-the-Whole of February 20 be waived , and that the minutes be accepted as submitted.
Vote: Gollinger - aye Moran - abstain Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
5 ayes 0 nays 1 abstention PASSED
Mr. Hagan then introduced two invited guests from Cox Communications, Christy Bykowski, Director of Public Affairs, and Laura Morabito, Director of Marketing.
Ms. Morabito, who has 13 years' experience with Cox and handles programming, came forward to explain how programs are selected. She began by pointing out that programming costs money, i.e. most networks, like ESPN, charge Cox to distribute their programs on the lineup.
Cox tries to balance its programming, and looks at all the above factors to decide which channels to add. She emphasized that they would like their customers to call so they know what programming interests them. Another factor is that programming costs have risen. Some popular channels share ownership of other less popular channels. In order to sign one, cable companies must sometimes accept a package which includes less popular channels. Further, they must look to the future because there are contractual considerations, where channels must be signed for multiple years. These are corporate decisions made in Atlanta.
Ms. Bykowski then proceeded to a discussion of questions forwarded by members of Council.
AUDIENCE PARTICIPATION:
Ronald Collins, 1095 Bates Road, suggested that since Cox provides the outlet for the major channels such as ESPN, Cox should charge them instead of being charged.
Mr. Collins further mentioned that periodically the word "access" appears in the lower right hand corner of his screen, then disappears. The representatives were mystified, but will investigate.
Brian Ruic, 20358 Westover, indicated that he had asked AT&T for higher speed internet and although he is within the accessible range, they have declined. He asked about the number of hubs he can run from his modem. There are four ports on his modem.
MAYOR'S REPORT:
Council members have received the annual report from the Municipal Court. Any questions may be forwarded to the Clerk of Courts or the judges.
A letter has been received from President Greg Thompson, in attendance, of the Chamber of Commerce regarding temporary free standing commercial signs. (Exhibit "A") Mr. Koran has put together some thoughts on how to move forward with that law. It is currently being enforced in conformance with Council's wishes.
On March 5, Evelyn Hendricks from the FRA will come to discuss the Quiet Zone with Council and residents at 7:00 p.m. in the Council Chambers.
Jeannette Stewart, a resident of the Cliff Towers, who passed away a year ago, was active at the Senior Center, had attended many senior programs and been served by the senior transportation system. Her estate was just settled, and yesterday the Senior Center received a generous bequest from Mrs. Cliff of $66,806.
The Senior Center's Quill for March has just been published and it lists many classes and programs. To learn more, residents should visit the City's website, www.rrcity.com.
On Friday, the Mayor and Mr. Gollinger attended a meeting at the airport. She commented that the dialogue with the Airport Director, Ricky Smith is a healthy one. He shared information with the west side communities on takeoffs and landings:
There was also an opportunity through Mayor Patton of Fairview Park and attorney David J. Matty to review the SAFE Council of Governments agreement, made among west shore cities. The memorandum of agreement of Berea, Strongsville and Olmsted Falls will be presented at the next meeting. The airport management expressed a desire to eliminate or dissipate noise from the airport over neighboring communities.
Discussion: Mr. Gollinger added to the Mayor's airport report: He learned that one of the main factors that determines takeoff and landing patterns is wind direction. When it is calm traffic can be sent in either way. Last year there were many periods when winds were unusual, with more than a typical flow of air traffic. That was the explanation for the noise, and complaints were up. The number of flights was down, but passengers traffic is up. As to the SAFE agreement, there is little possibility that it will be abandoned because it provides a level of comfort for its members.
Mayor Bobst added that this agreement is not with the airport, but forms a council of governments among the four communities that are currently involved.
LAW DIRECTOR'S REPORT:
Last Friday, Mr. Bemer attended the West Shore Corridor Stakeholders meeting at NOACA with Councilman Hunt. The analysis alternatives were discussed at length, including cost with demonstrations of the five-year process which have a potential of $10,000.000 in cost. The analysis would cost $300,000 per community. NOACA funding may be available for planning of depots with a 20% match up to $75,000. The cities of Westlake, Cleveland, Lakewood and the RTA have passed the resolution, encouraging the pursuit of federal funding for the study. Mr. Gelfand, of Rep. Kucinich's office, requested participation from all communities asked to participate so he has a better understanding of residents' needs. Also discussed was the impact of the Quiet Zone. Mr. Prendergast felt that any cost incurred by our community for the Quiet Zone could be considered part of the $300,000 for the study, but this was not confirmed. There is still a potential that the number of commuter trains would have an impact on the agreement with Norfolk-Southern allowing 14 freight trains per day. That is unanswered, but his understanding is that it would not. This means that if the Norfolk-Southern ran 14 trains and commuter rail ran in addition, it would not affect the agreement.
The January report has been received from Norfolk-Southern, and it shows that an average of three trains per day passed through the City, with a high of five and a low of one.
Finally, the Law Director reported on what began as a legal concern which involved the Mayor, Mr. Linden, Chief Flynn and Chief Wagner. The situation, which involved fire code violations, ended in a successful solution in helping a distressed resident, thanks to the efforts of many City employees who handled the situation with sensitivity and compassion. Although he was unable to discuss the details, he praised David Winterich, the Service Commissioner, Mr. Linden who coordinated efforts of the Police Department, Det. Gus Carlson and Ptl. George Lichman. All these employees, working together, assisted a resident, and Mr. Bemer wanted Council to know about their individual efforts which went above and beyond the call of duty and which deserve commendation.
COMMUNICATIONS AND ANNOUNCEMENTS:
A public meeting will be held next week at 7:00 p.m. to discuss the Quiet Zone.
An e-mail has been received from Jim Snyder announcing the Great Lake 24 Hour Treadmill Challenge which will have 12 local runners on a treadmill for 24 hours at the Second Sole Running store on Detroit Road in an effort to break the Guinness World Record of 247 miles. The event will be Friday, March 2 at 5:00 p.m. until Saturday, March 3at 5:00 p.m. Mr. Snyder has requested help securing witnesses who, according to the Guinness Organization must have "standing" in the community and be "prominent and respected". Examples are police officers, lawyers, doctors, councilmen, mayors, judges or members of the media.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview, asked about Ordinance No. 13-07, the amended agreement with certain employees of the Service Division and the Recreation Department. He asked why it was necessary, who benefits and the cost to the City. Mr. Hagan commented that there would be further explanations as the ordinance comes up for discussion and vote.
There were no requests from members of Council for changes to the Consent Agenda.
ORDINANCE NO. 6-07 BY FRANK B. GOLLINGER
AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 304-07-073 FROM ITS PRESENT CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL
(1F-R1) TO LOCAL BUSINESS (LB) IN ITS ENTIRETY AS FURTHER DESCRIBED IN EXHIBIT "A"
Mr. Gollinger noted that this ordinance has been read twice and referred to the Planning Commission. Discussion will resume at next week's meeting.
RESOLUTION NO. 10-07 BY FRANK B. GOLLINGER
AN EMERGENCY RESOLUTION IN SUPPORT OF FEDERAL FUNDING FOR A WEST SHORE CORRIDOR ALTERNATIVES ANALYSIS
2ND READING
Mr. Gollinger indicated that this ordinance, too will be discussed at next week's meeting.
ORDINANCE NO. 13-07 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDMENT AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS REPRESENTING THE EMPLOYEES OF THE ROCKY RIVER SERVICE DIVISION, AND CERTAIN EMPLOYEES OF THE RECREATION DEPARTMENT, AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that Ordinance No.
13-07 be read on three separate days be suspended, and that Ordinance No. 13-07 be placed upon its passage:
Discussion: This negotiated agreement has been accepted by the individuals involved and is waiting for Council passage. Since this is good for the City and its employees, Mr. Hagan commented that there is no reason to delay passage.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Gollinger, that Ordinance No. 13-07 be passed as read:
Discussion: The Mayor explained that the need for this amendment, or bridge agreement, began when 12 employees, 9 who are part-time CDL drivers for leaf collection and snow removal, and 3 who are Recreation Department custodians, petitioned to opt into the union. After a decision from SERB they were allowed to vote on membership. The vote was 12-0 and negotiations began late last fall. The cooperation of all parties helped negotiations move quickly into productive sessions. She thanked her team of Mr. Bemer, Mr. Linden, Mr. Thomas and Mrs. Whitman. She also thanked the union representatives for their willingness to look at their needs and those of the City which resulted in the final agreement.
As a result of the settlement, by June 1 the City will hire 5 of the CDL drivers into open full-time positions with the remaining 3 by December, 2008. These positions will be open by attrition or in the case of the Civic Center custodian, creation of a new position. The City will gain flexibility by being able to hire part-time, seasonal or casual employees in flexible roles. The union has agreed that it will no longer represent part-time employees. New language has been reviewed with Council concerning strength and part-time employment. Further, a new service grade has been created. From the former lowest, F1 at $16.34/hour, the new low is now G at $12/hour. The agreement is effective February 1, when the union vote was taken. The Mayor was pleased with the outcome which has benefits for both sides.
Mr. Hagan thanked the Administration for negotiating this agreement which has had a long history. Thanks to a great effort on everyone's part, all will benefit.
Mr. Bemer observed that the following ordinance, 14-07 dovetails with this one and provides additional service grades and a salary range for the new position created.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 14-07 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE MODIFYING AND FIXING THE ANNUAL SALARIES AND HOURLY RATES FOR CERTAIN EMPLOYEES IN THE SERVICE DIVISION AND THE RECREATION DEPARTMENT OF THE CITY OF ROCKY RIVER
1ST READING
Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No.
14-07 be read on three separate days be suspended, and that Ordinance No. 14-07 be placed upon its passage:
Discussion: As explained above, Mr. Hurtuk noted that this is a companion to the ordinance just passed and provides positions and grades created by the ordinance. In order for the other ordinance to take effect, this must also be passed.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that Ordinance No. 14-07 be passed as read:
Discussion: See discussion above.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 18-07 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE TREE LAWN TREES FOR THE CITY OF ROCKY RIVER FROM AARON LANDSCAPING, INC. IN AN AMOUNT NOT TO EXCEED $41,370.00
1ST READING
This ordinance will be discussed at next week's meeting of the Committee-of-the-Whole.
ORDINANCE NO. 19-07 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE REPEALING CHAPTER 1303 OF ROCKY RIVER CODIFIED ORDINANCES AND ADOPTING THE NEW CHAPTER 1303 ENTITLED RESIDENTIAL CODE OF OHIO FOR ONE, TWO AND THREE-FAMILY DWELLINGS
1ST READING
Moved by Mr. Gollinger, seconded by Mr. Moran, that the rule requiring that Ordinance No.
19-07 be read on three separate days be suspended, and that Ordinance No. 19-07 be placed upon its passage:
Discussion: Mr. Gollinger explained that the purpose for the rules suspension is that it should be passed as quickly as possible and reported to the State. It is tied in with the inspection process in the City and there is no reason to hold acting on this ordinance.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Gollinger, seconded by Mr. Moran, that Ordinance No. 19-07 be passed as read:
Discussion: The Building Commissioner asked that the Ohio Building Code be used for inspections in building and maintenance matters. Council passed that ordinance some time ago. Now that changes have been made for one, two and three-family dwellings, a new Chapter 1303 must be adopted to remain current with those approved changes.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 20-07 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO REQUEST THE OHIO BOARD OF BUILDING STANDARDS TO CERTIFY THE CITY OF ROCKY RIVER FOR ENFORCEMENT OF THE RESIDENTIAL CODE OF OHIO, TO EXERCISE ENFORCEMENT AUTHORITY AND ACCEPT AND APPROVE PLANS AND SPECIFICATIONS, AND MAKE INSPECTIONS
1ST READING
Moved by Mr. Gollinger, seconded by Mr. Moran, that the rule requiring that Ordinance No.
20-07 be read on three separate days be suspended, and that Ordinance No. 20-07 be placed upon its passage:
Discussion: This is a companion piece to Ordinance No. 19-07, passed above. It authorizes the Mayor to advise the Ohio Board of Building Standards that the City is now in compliance with the revised standards for the inspection process. Mr. Gollinger advised moving forward so that the State knows that the City is aware of changes authorized by Ordinance No. 19-07.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that Ordinance No. 20-07 be passed as read:
Discussion: Passage of this ordinance will authorize Mayor Bobst to request certification from the State that the City is current in terms of enforcement authority.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCES AND RESOLUTIONS UNDER CONSENT
ORDINANCE NO. 11-07 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE TO AMEND ORDINANCE NO. 154-06 AND TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2007
1ST READING
Mr. Hurtuk turned to Mr. Thomas who explained that the amendments to the budgetary process are necessary because of some actions taken by the Court in re-allocating salary costs. Other changes involved equipment purchase, police pension account and authority for dispersal of funds to the U.S. Marshal due to police activity.
RESOLUTION NO. 12-07 BY JAMES W. MORAN
AN EMERGENCY RESOLUTION ADOPTING THE REVISED COUNTYWIDE ALL NATURAL HAZARDS MITIGATION PLAN FOR CUYAHOGA COUNTY
1ST READING
Adoption of this resolution will bring the City up to date on the plan proposed by the County to deal with natural hazards.
ORDINANCE NO. 15-07 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF SAFETY SERVICE TO ENTER INTO A CONTRACT WITH AAA PIPE CLEANING, INC. FOR THE 2007 SEWER TELEVISING PROGRAM IN AN AMOUNT NOT TO EXCEED $64,000.00
1ST READING
This program enables the City to find emergency problems and to see if sewers need to be replaced before streets are repaved. Other sections provide for cleaning when City crews are unable to do the work.
ORDINANCE NO. 16-07 BY JAMES W. MORAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE STREET ZONE MARKING PAINT FOR THE CITY OF ROCKY RIVER FROM THE SHERWIN-WILLIAMS COMPANY AT A COST NOT TO EXCEED $25,000
1ST READING
This was the only quote for paint which has proven satisfactory over the last 15 years.
ORDINANCE NO. 17-07 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY SERVICE DIRECTOR TO ENTER INTO A CONTRACT FOR THE PURCHASE OF CATIONIC POLYMER FROM ASHLAND SPECIALTY CHEMICAL FOR ONE YEAR FOR THE WASTEWATER TREATMENT PLANT AT A COST OF $1.57 PER POUND
1ST READING
This chemical is used at the WWTP. This one-year contract is recommended by Superintendent Harrington following extensive trials of the products.
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that the ordinances of the Consent Agenda be read on three separate days be suspended, and that said ordinances be placed upon their passage:
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi and Mr. Gollinger, that the ordinances of the Consent Agenda be passed as read:
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Hagan noted that a request for a resolution encouraging the location of the Special Olympics in this area has been received from Parma. With no opposition, he requested that the resolution be prepared for consideration next week.
AUDIENCE PARTICIPATION:
Ronald Collins, 1095 Bates Road, said that he had some "food for thought" by Council. He commented that some of the tree trimming done by utilities on his street does not enhance the appearance of the neighborhood. The Mayor said that the City has no input on this topic, but to be proactive, tries not to plant trees where they will interfere with wires.
Mr. Collins also asked about excavations in newly repaved streets. Mr. Linden responded that a gas leak was recently repaired. Mr. Collins wondered why everything is not replaced when a street is opened up. Mayor Bobst indicated that when the City is responsible, inspections are made and repairs or replacements are made when refurbishing a street. Mr. Collins asked if the City has contact information on projects done in the City for easy reference in case of repairs. Mr. Linden said that it does.
Karen Goodson, Representative of CEI, came forward to address the questions of tree pruning by her company. She said that this is done every four years. Fast-growing trees are often pruned more heavily than slower-growing ones, and their appearance may not be as pleasing. A supervisor follows the work and complaints are addressed. She said that trees are evaluated and pruned in a manner which does not compromise the life of the tree.
Fred I. Sokol, 20021 Parkview Avenue, first thanked the Law Director and the City's consulting engineer for their quick responses to Mr. Sokol's requests for public records. Second, he and other Ward 4 residents would like to see a grocery store return to Rockport Shopping Center.
As there was no further business by members of Council, the meeting was adjourned at 9:35 p.m.
_____________________________ _______________________________
Brian F. Hagan Misao Kurokawa
President of Council Clerk of Council