DRAFT
CITY OF ROCKY RIVER
FEBRUARY 27, 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
Law Director: Mr. Bemer
Press: Mrs. McKenzie
The meeting was opened with the Pledge of Allegiance.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the reading of the minutes of the Legislative Meeting and Executive Session of February 13, and the meeting of the Committee-of-the-Whole and Executive Session of February 21 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:
Alterations to the ice rink are almost complete. By way of history, the Mayor recalled that a number of persons active in recreation programs had suggested that these changes to the ice rink be included in the ballot issue which authorized changes to the Don Umerley Civic Center. The Mayor objected, preferring it to be a separate issue so that it would not cloud the vote on the addition. Following approval of the bond issue, the alterations were approved separately and funds allocated by Council. Changes include:
The Mayor encouraged Council members who have not yet seen the changes to visit. He noted that the remodeling was slightly behind schedule because the glass subcontractor went bankrupt and had to be replaced.
The Mayor then reported on negotiations with the Service Department regarding certain aspects of their contract. The contract states that if the City wishes to outsource any part of their function, it must notify the union six months in advance. Further, no jobs can be eliminated except by attrition.
Last Wednesday, meetings were held of the Tri-City Park Board and SAFE. Mr. Gollinger attended the SAFE meeting where Mr. Matty, former Law Director, was retained as legal counsel. A proposal was presented to the Tri-City Park Board by the Westlake engineer to redo the driveway and parking lot off Westwood. Fairview Park cannot participate this year, so the project was placed on hold. Mayor Knoble is hopeful that it can be done next year as the area is in very poor condition and needs refurbishing.
The Beautification Committee will meet on March 7 at 7:00 p.m. Mr. Tom Evans, a local landscape architect has consented to act as chairman, a position which has been vacant.
The Community Challenge basketball game featuring athletes from Council and other City departments will be March 10 at 6:30 p.m.
On Thursday, March 2, dispatchers for the Fire/EMS Central Dispatch will be sworn in as part of the Westlake City Council meeting at 8:00 p.m. All are welcome.
Discussion: Mr. Frost thanked the Mayor for the care exercised in renovations at the ice rink. He has found the improvements reasonable and necessary but not excessive. Further, he was glad that there was no disruption of service during renovations.
Mr. Gollinger also commended the Mayor for his efforts to look into alternatives for running the City and maintaining services. He asked to be kept apprised so that resident concerns can be addressed.
LAW DIRECTOR'S REPORT:
Mr. Bemer has begun committee work to apply EPA upgrades to the Code regarding standards for stormwater management including water runoff, sediments and wastes. Serving on the committee with him are Safety Service Director Linden and WWTP Superintendent Jeff Harrington. The EPA requires that it be complete by 2007.
In regard to the establishment of a railroad Quiet Zone, the City's consulting engineer, Mr. Michael Mackay, has obtained information from Railroad Controls, Ltd. on the process necessary. Their consultant is willing to assist in determining what will be required to establish a Quiet Zone. Any crossing upgrades would be constructed by Norfolk & Southern which would probably require an engineering fee to prepare cost estimates. Constant warning time circuitry is required, and if not already installed, will be a costly upgrade. The consultant is reviewing the same process with another city, and will meet with Mr. Mackay when he is in our area.
The latest report from Norfolk & Southern on the number of trains passing through Rocky River during the month of January showed that for the first 18 days, an average of 3 trains per day passed through, with the number of 1 to 6 per day. Interestingly, through the remaining 13 days, their report shows that no trains passed through the City.
The Planning Commission will meet at 7:00 p.m. On the agenda is a review of the Lowe's project and a preliminary review of the library project. At 6:00 p.m, he has been requested to meet with members of the Commission to discuss the implications of the Master Plan in implementing the Code.
COMMITTEE REPORTS:
Finance Committee: Mr. Hurtuk reported that his committee has held its second budget meeting, discussing primarily revenues. Ideas to pursue were discussed. Results will be discussed. Director Koran will be invited for further discussion at a future meeting. The Public Hearing will be held on March 13 at 8:00 p.m.
Planning and Zoning Committee: Mr. Gollinger asked about the 6:00 meeting of the Planning Commission. He had not heard about the meeting, and he wondered if the proper notification procedure has been followed. Mr. Bemer will check with Ms. Ventimiglia in the morning.
COMMUNICATIONS AND ANNOUNCEMENTS:
Mrs. Bobst attended the library kickoff of its renovation on Saturday. Architectural renderings show what a great improvement this will be. Drawings are available for viewing at the library and will be on the library's website when approved.
AUDIENCE PARTICIPATION: NONE
ORDINANCE NO. 12-06 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE TO MAKE APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2006 AND TO REPEAL ORDINANCE 181-05
1ST READING
This ordinance, which outlines the budget, is being actively discussed in meetings of the Finance Committee. Mr. Hurtuk noted that there will be three sets of minutes for meetings of the Finance Committee which will be discussed at the next meeting. Further discussions continue as the process moves forward.
ORDINANCE NO. 13-06 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
Mr. Hurtuk noted that this companion to the budget had its second reading this evening. It also will be further discussed during the budget process.
ORDINANCE NO. 22-06 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE REPEALING ORDINANCE NO. 184-02 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, AND DECLARING AN EMERGENCY
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 22-06 be read on three separate days be suspended, and that Ordinance No. 22-06 be placed upon its passage:
Discussion: This housekeeping ordinance was requested by former Law Director Matty to facilitate the implementation of new negotiated contracts.
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 Mr. Gollinger, that Ordinance No. 22-06 be passed as read:
Discussion: This clarification of longevity needs to be repealed and replaced.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 23-06 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE ADDING SECTION 153.123 TO THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "LONGEVITY COMPENSATION FOR EMPLOYEES OF THE FIRE DIVISION BARGAINING UNIT" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the rule requiring that Ordinance No. 23-06 be read on three separate days be suspended, and that Ordinance No. 23-06 be placed upon its passage:
Discussion: This housekeeping item should be passed before the new contracts are implemented.
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 Mr. Hagan, that Ordinance No. 23-06 be passed as read:
Discussion: This ordinance deals with longevity for the Fire Department.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 24-06 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE AN UNDETERMINED NUMBER OF T-SHIRTS FOR THE CITY OF ROCKY RIVER FROM NATIONAL SCREEN PRODUCTIONS FOR ONE YEAR
1ST READING
Mrs. Bartolozzi placed this ordinance on first reading. It will be discussed at the next meeting of the Committee-of-the-Whole.
ORDINANCE NO. 25-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH AKE LABORATORY, INC. FOR THE 2006 SEWER TELEVISING PROGRAM IN AN AMOUNT NOT TO EXCEED $70,750.00
1ST READING
This ordinance also was read for the first time and will be discussed at the next meeting of the Committee-of-the-Whole.
ORDINANCE NO. 26-06 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AMENDING CHAPTER 951 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "CITY SWIMMING POOL", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
Mrs. Bartolozzi explained that fees are usually reviewed and raised every two years. Last year, because of the pool renovation, only the rental and visitor fees were changes. This year, new fees are established for nanny admission and corporate memberships. Mrs. Bartolozzi will discuss this ordinance and answer questions at the next meeting and will probably move for a vote at the next Legislative Meeting so that rates can be published in the spring recreation booklet.
ORDINANCE NO. 27-06 BY BRIAN F. HAGAN
AN ORDINANCE AUTHORIZING THE MAYOR AND THE SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH URS CORPORATION FOR GEOTECHNICAL SERVICES AT A COST NOT TO EXCEED $58,120.00
1ST READING
Questions about this ordinance will be discussed at the next meeting of the Committe-of-the-Whole.
ORDINANCES AND RESOLUTIONS UNDER CONSENT
ORDINANCE NO. 14-06 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE EXECUTION OF A LINKED DEPOSIT LOAN PROGRAM AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE LINKED DEPOSIT LOAN PROGRAM AGREEMENT AND AUTHORIZING RELATED MATTERS
2ND READING
This ordinance will authorize a program under which residents can reduce interest rates for loans to rehabilitate their properties through local banks without the limitations imposed by other programs. Creditworthiness is the main qualification.
ORDINANCE NO. 19-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE 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 purchase of zone marking paint will be done at less cost than if the City had purchased under the State Purchasing Act.
ORDINANCE NO. 20-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO APPROVE A CHANGE ORDER FOR BURTON SCOT CONTRACTORS, LLC FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE 2005 PAVING PROGRAM IN AN AMOUNT NOT TO EXCEED $38,342.82
1ST READING
This ordinance authorizes a change order for the 2005 Paving Program. Last week it was explained that on several streets additional work was necessary once the program had begun in order to insure a quality job. Part of this ordinance is a holdback until all the work is satisfactorily completed.
ORDINANCE NO. 21-06 BY PAMELA E. BOBST
A RESOLUTION TO APPOINT FRANK B. GOLLINGER, WARD 3 COUNCIL-MEMBER, AS THE ROCKY RIVER CITY COUNCIL REPRESENTATIVE TO S.A.F.E. (SAFE AIR FOR THE ENVIRONMENT) COUNCIL OF GOVERNMENTS
1ST READING
Since Mr. Gollinger has enthusiastically agreed to continue to serve as Council's representative to SAFE, this ordinance should be passed as quickly as possible. Mrs. Bobst expressed appreciation to Mr. Gollinger for acting as liaison and noted that he has been elected Vice President of the Board.
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that the ordinances and resolutions of the Consent Agenda be read on three separate days be suspended, and that the stated ordinances and resolutions be placed upon their passage:
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 the stated ordinances and resolutions be passed as read:
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Gollinger asked the Law Director for a definition of "lobbyist". He has received a communication from someone who refers to himself as a lobbyist and wondered if some process is necessary to become a lobbyist. The Law Director promised to research the question.
Mayor Knoble has received the winter issue of On the Land, a publication of the Cuyahoga Soil & Water Conservation District. Articles on environmental issues and projects may be of wide interest. Additional copies are available for those who call or visit City Hall.
Mr. Frost announced that he and his wife have purchased a home in Lakewood, and therefore, he will regretfully vacate his Ward I Council seat. He has no definite timetable for this change in his plans, but he indicated that it would probably be accomplished by mid to late May. He commented that he remains personally committed to this area and the region as a whole and looks forward to working with local and county leaders on a cooperative basis.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, and resumes and letters of interest regarding the Ward I Council seat be accepted through 4:00 p.m. Friday, March 17, by the Clerk of Council at Rocky River City Hall.
Discussion: Mrs. Bobst noted that in order to qualify, a resident must have lived in Ward I for one year or longer and be a qualified elector.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
AUDIENCE PARTICIPATION: NONE
As there was no further business by members of Council, the meeting was adjourned at 8:53 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 February 27, 2006. These minutes may be amended or revised at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
FEBRUARY 27, 2006
Finance Committee
The meeting of the Finance Committee was called to order by the Chairman, Mr. Hurtuk, at 7:05 p.m. in the David J. Cook Council Chambers.
Finance Committee Members Present: Mr. Hurtuk, Mrs. Bobst, Mr. Gollinger, Mr. Hagan
Council members present: Mrs. Bartolozzi, Mr. Moran, Mr. Frost
Administration: Mayor Knoble, Mr. Linden, Mr. Thomas
Law Director: Mr. Bemer
Mr. Hurtuk opened the meeting by noting that the fact that revenues are not increasing; this has been discussed previously. He will ask Mr. Koran, the City's Economic and Community Development Director, to another meeting, as he is concerned with redevelopment in the City. Other concerns are the condition of office buildings on Center Ridge Road and projected restructuring of one of the City's largest employers which could result in a loss of some income tax. These concerns have convinced him that it is necessary for the City to seek other sources of revenue.
Mr. Hurtuk observed that the three larger components of revenue are property tax, income tax and estate tax.
Property tax includes personal property tax which, while not major, is decreasing significantly. Of the total City property value of $657 million, the personal property tax is $11 million, or approximately 1.5% of the total. This tax, however, is being phased out over the next several years, and that amount must be made up in real estate valuation or other property.
One avenue he suggested may merit further study is the taxation of Sub S corporations, a matter which has been considered by earlier councils. He turned to Mr. Thomas for a brief explanation:
In our City, we have almost 400 Sub S corporations that are known. Bay Village taxes the distributions of its Sub S corporations (to be confirmed). Mr. Hurtuk acknowledged that, in the past, this has been a sensitive subject, and residents impacted by the tax will be heard from quickly.
Mr. Hurtuk asked if Council would like to pursue this topic. He suggested that data on other cities might be available from the CCA.
In his discussion of estate taxes, Mr. Hurtuk acknowledged that even though the amount received annually averages $2 million to $3 million, he was uneasy about entering more than $1 million annually in the budget from this source. Traditionally, it has been designated to the Permanent Improvement Fund and then transferred for infrastructure upgrades. He noted that the auditors have indicated that it should not be accounted for in that manner.
Mr. Thomas indicated that the transfer treatment was strongly communicated. He
added that the City would prefer that it not become a non-compliance issue which
can affect the bond rating.
Mr. Thomas responded that he did challenge the idea when it was first presented as a management letter comment, but the auditors wanted to make it a more
significant issue. In answer to Mr. Hurtuk's question, he noted that the funds
currently in the General Fund are not encumbered. In this year's budget, a
majority of that money will be transferred for equipment purchases and capital
improvement.
Following further discussion, it was determined that Mr. Thomas will approach the auditors to see if this is an acceptable means to resolve the situation.
The third component of revenue is the payroll tax. Mr. Hurtuk noted that many other communities have raised this tax, but Rocky River remains one of the lowest. One possibility is to increase the tax 1/4% to be paid by those working in the City but living elsewhere. This can be done by a campaign to educate residents and then placing the issue on the ballot. Funds raised through this increase could compensate for the loss of the estate tax.
Mr. Hurtuk noted that capital projects will be discussed at a future date.
Mrs. Bobst referred Council members to Tab 7 of the budget book and explained what comprised the $1,395,000 allocated under Street Resurfacing and Repair. Of that amount, approximately $650,000 will be used for paving Westover, including storm and sanitary sewers; $200,000 is for the City's share of repaving Detroit Rd. from Wright to the bridge, including sidewalks and curbs; and $450,000 will be used for Malvern, Maplewood, Westway and Lake. Also included will be streetscaping and work at the Civic Center.
There was no further discussion from Council, and the meeting was adjourned at 7:55 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 meeting of the Finance Committee of February 27, 2006. These minutes may be revised or amended at the next Legislative Meeting or the next meeting of the Finance Committee.