CITY OF ROCKY RIVER
MAY 14, 2007
The regular meeting of Council was called to order by Mr. Hagan, President of Council, at 8:05 p.m. in the David J. Cook Council Chambers.
Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Long, Mr. Hagan
Administration: Mayor Bobst, Mr. Linden, Mr. Thomas, Mr. Harrington
Also present: Mr. Matty, WWTP Counsel
Law Director: Mr. Bemer
Press: Mr. Saylor
The meeting was opened with the Pledge of Allegiance. Mr. Hagan announced that Ms. Karen Goodson of Providence House, scheduled to present an award to the City, would be delayed pending delivery of the award to her office. She was also scheduled to discuss a proposed rate increase request by First Energy which will be filed in 30 days.
MOTION:
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the reading of the minutes of the Legislative Meeting of April 23 and the meeting of the Committee-of-the-Whole of May 7 be waived, and that the minutes be accepted as submitted.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
MAYOR'S REPORT:
This morning, Chris Bosworth from the Cuyahoga County Board of Health (CCBH) made a presentation to several members of the Administration as well as Council members Moran and Hunt concerning pandemic influenza preparedness. There has been a considerable amount of planning to this point through the Fire Division, the Police Division and the Finance Department. Mr. Bosworth stressed that diligence is required so that plans are completed and move forward. The City will work with the CCBH to finalize the plans.
Approximately 95% of dye testing has been completed in the Valley View area. As soon as the testing is completed, results will be presented to each resident individually. The testing will then move to "Tangletown" for the same procedures. There will be a temporary repair on Riverdale shortly. The City will communicate with affected residents.
The Mayor has received correspondence from Mayor Sutherland, the NOACA representative of the Council of Governments. Beginning in the next week or so, D.B. Hart has been selected to carry out an economic impact study for the proposed Avon interchange on I-90. The scope of services has been outlined with a timeline, and the consultant, with members of NOACA, will evaluate several scenarios. This project should be completed by September and the COG will receive monthly reports with more detailed information which the Mayor will share with Council.
Mayor Bobst thanked the Rocky River Junior Women's Club whose very successful "Spring into Spring" event 5K run has raised funds for the Assistance Program, the scholarship program and many causes which help the community. The run, along with a children's run, was held in partnership with Beachcliff Market Square and attracted more than 225 participants. Once more, the Mayor thanked those who participated.
Senate Bill 117, which provides for statewide competitive video legislation, was passed and will be sent to the House. The Mayor encouraged Council members to contact Jennifer Brady regarding this legislation and its impact on Rocky River. It is hoped that between the House and the governor's office, there will be amendments to address municipalities' concerns.
The Senate Finance and Appropriations Committee will hear testimony on Local Government Funds beginning June 1. The OML will also attend as well as representatives of local government. Unfortunately, a Joint Legislative Task Force recommended a 3% increase to those funds, but only 1% is in the new budget.
LAW DIRECTOR'S REPORT:
Last Thursday, Mr. Bemer and Mr. Mackay attended a seminar regarding stormwater management legislation. Mandated by the Federal and Ohio EPA, this must be completed by 2007. The purpose is to maintain inspection, prevention, and disposal of illegal runoff through our stormwater sewer system and to be sure that any new development has the proper resources, setbacks from wetlands and from creeks and rivers so that the environment will not be harmed.
This Thursday, the Law Director will meet with representatives of the Senior Center to address possible legislation regarding senior services, which do not exist in the Codified Ordinances. Any ensuing legislation will be presented to Council in the near future.
The latest traffic report from Norfolk-Southern reports that, for the month of April, an average of 3.3 trains per day traveled through the City with a high of six on one day and a low of one.
A modification of the Notice of Intent to create a Quiet Zone will also be completed along the guidelines provided and voted upon by Council members last week.
The Law Director is completing the condemnation complaint to abate the nuisance at 3770 Wooster Road and it will be filed this week.
Finally, Mr. Bemer asked if Council would like him to prepare a resolution concerning SB117. Mr. Hagan said that, since it was passed by the Senate, it will be discussed once more to decide on a course of action.
Discussion: Mr. Long asked about the process following the filing for condemnation of the Bonnie Bank property.
COMMITTEE REPORTS:
Parks and Recreation Commission: Mrs. Bartolozzi reported that the Commission will meet this Wednesday morning at 8:00 a.m. at the Pavilion. Under discussion will be the fees and costs associated with use of the ice rink.
Planning, Zoning and Economic Development: Mr. Gollinger reported that his committee had met this evening to discuss changes to the Code for temporary portable signs. That meeting will continue next week.
He also attended the last meeting of the BZA and he encouraged members to read the minutes, particularly the item on the Beachcliff Tavern because a variance was granted with parameters which solved problems which concerned some residents.
Safety Committee: Mr. Moran reported on work he had done regarding Mr. Gollinger's report of residents' complaints about trucks stopping behind the Detroit-Linda Shopping Center for long periods with their motors running which bothers neighbors. Mr. Moran will review Chapter 509.09 with Chief Wagner and the Law Director to revise the language, making it more specific so that the complaints will be addressed.
COMMUNICATIONS AND ANNOUNCEMENTS:
Mr. Moran announced that the Rocky River Middle School Student Council will sponsor a car wash on Saturday from 9:00 a.m. to 3:00 p.m. at the #1 Express Car Wash on Detroit Road. Funds raised will be split between the financing of a display case for a piece of the World Trade Center which will be at the Middle School, and the Heritage House Fire Fund. In an update, Mr. Moran reported the completion of the first couple of units which will be reviewed. It is hoped that residents will be able to return in late summer or early fall.
Mr. Hagan announced a raffle sponsored by the Rocky River High School baseball team. The drawing will be held Thursday, May 17 at the Beachcliff Tavern in a fundraiser which will also benefit the team and non-profit Baseball Foundation.
This morning's Plain Dealer featured an article with many interesting facts about the City's clock tower.
Mr. Moran congratulated the "Pirate of the Month", Clayton Johanson, who earned the honor by thinking quickly, applying the Heimlich maneuver and saving the life of a choking faculty member, Ms. Delzani.
AUDIENCE PARTICIPATION: NONE
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"
3RD READING
Moved by Mr. Gollinger, seconded by Mr. Long, that Ordinance No. 6-07 be postponed indefinitely.
Discussion: Mr. Gollinger explained that notification has been received from the applicant that the request is being withdrawn as it is no longer needed.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
RESOLUTION NO. 10-07 BY FRANK B. GOLLINGER
AN EMERGENCY RESOLUTION IN SUPPORT OF FEDERAL FUNDING FOR A WEST SHORE CORRIDOR ALTERNATIVES ANALYSIS
Mr. Gollinger indicated that this resolution will continue on hold, pending receipt of information about the impact of commuter rail traffic on the agreement with Norfolk-Southern. When that information is received, Council will know how to proceed.
ORDINANCE NO. 36-07 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AMENDING CHAPTER 1163 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER BY AMENDING SECTION 1163.10 ENTITLED "SIGNS PERMITTED IN RESIDENTIAL AND PUBLIC FACILITIES DISTRICTS" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
The exhibit has been revised, and Mr. Gollinger indicated that it will be discussed at next week's meeting of the Committee-of-the-Whole.
ORDINANCE NO. 37-07 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AMENDING CHAPTER 1163 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER BY AMENDING SECTION 1163.11 ENTITLED "ADVERTISING SIGNS" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
This companion to Ordinance No. 36-07 will also be held pending the discussion of that ordinance.
ORDINANCE NO. 47-07 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN SUBURBAN PROCESSING PIPING, INC. AND THE CITY OF ROCKY RIVER ARISING FROM THE ROCKY RIVER WASTEWATER TREATMENT PLANT CONSTRUCTION PROJECT KNOWN GENERALLY AS THE RECYCLE PUMP REPLACEMENT PROJECT, AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO
1ST READING
Moved by Mr. Hunt, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 47-07 be read on three separate days be suspended, and that Ordinance No. 47-07 be placed upon its passage:
Discussion: Mr. Hunt noted that Council members had received a memorandum from the plant superintendent, Mr. Harrington explaining that the cost of this project was increased because of delays in delivery and installation of four submersible pumps at the WWTP. Since all parties have agreed to terms, there is no reason to delay settlement of this long-delayed project.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
Moved by Mr. Hunt, seconded by Mr. Long and Mr. Gollinger, that Ordinance No. 47-07 be passed as read:
Discussion: Mr. Hunt asked Mr. Matty, Special Counsel for the WWTP, to come forward to discuss the settlement agreement. Mr. Matty explained that this project, a little over $1,070,000 to replace two large screw pumps with four submersible pumps employed a contractor, Suburban Process Piping, which according to Mr. Harrington has done a good job. Unfortunately, a subcontractor did not supply the pumps in a timely manner. Metcalf & Eddy had a 7-month contract which expired in May, 2006. Through the efforts of Supt. Harrington, the contract has been continued to the present date and limited their costs to a little more than $20,000. With direction from the WWTP Management Committee, a $41,250 liquidated damage clause has been settled for $37,500 with no litigation. Metcalf & Eddy, whose extra costs are covered by Ordinance No. 48-07, has done a good job and has not billed the City since December, 2006 for services still being rendered last week. The Management Committee has recommended settlement, and these ordinances will settle completely with Suburban and complete the project.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 48-07 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO AMEND A CONTRACT WITH METCALF & EDDY OF OHIO RELATIVE TO THE DESIGN OF THE RECYCLE PUMP REPLACEMENT PROJECT AND PROVIDING CONSTRUCTION ADMINISTRATION SERVICES AT THE CITY OF ROCKY RIVER WWTP AT A COST NOT TO EXCEED $20,068.00
1ST READING
Moved by Mr. Hunt, seconded by Mr. Long, that the rule requiring that Ordinance No. 48-07 be read on three separate days be suspended, and that Ordinance No. 48-07 be placed upon its passage:
Discussion: Mr. Hunt noted that, as stated previously, this is another ordinance which will complete the project at the WWTP. There is no reason for delay.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
Moved by Mr. Hunt, seconded by Mrs. Bartolozzi, that Ordinance No. 48-07 be passed as read:
Discussion: Mr. Hunt called upon Superintendent Harrington who explained that this ordinance authorizes payment of additional fees requested by this consultant caused by delays in delivery and installation of four submersible pumps during the construction of the recycle pump replacement project. These delays exhausted funds built into the consultant's original scope of work and extended their time. The EPA and Ohio Public Works have been kept apprised and have been patient with the delays. As a final note, Mr. Harrington explained that a $60,000 contingency was built into the contract, and the contractor was kept to $15,000, so the remainder will be deducted from that contract.
Mr. Hunt asked Council members to resolve this matter by passing this ordinance.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 49-07, NO. 50-07, NO. 51-07, NO. 52-07 BY BRIAN A. HURTUK
Mr. Hurtuk explained that these are compensation ordinances for elected positions. This issue must be addressed at this time because, by Charter, salaries must be set 45 days before the filing deadline which this year is July 20. He requested that the Mayor and Law Director disseminate any research done in preparing their ordinances and commented that he does not recommend an increase for Council positions at this time. He will call for discussion at next week's meeting of the Committee-of-the-Whole.
RESOLUTION NO. 53-07 BY BRIAN F. HAGAN
A RESOLUTION OPPOSING THE QUARTERLY CUSTOMER SERVICE CHARGE IMPOSED BY THE CITY OF CLEVELAND ON WATER BILLS AND DECLARING AN EMERGENCY
1ST READING
Moved by Mr. Hagan, seconded by Mr. Long, that the rule requiring that Resolution No. 53-07 be read on three separate days be suspended, and that Resolution No. 53-07 be placed upon its passage:
Discussion: Mr. Hagan observed that since the CWD's increase in rates and fees, many cities have passed similar resolutions. He feels that because this City has many residents on fixed incomes who will be impacted by the $7 quarterly service charge, there is no just reason to delay this resolution
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Gollinger, that Resolution No. 53-07 be passed as read:
Discussion: This charge appeared without notification on the last statements received by residents who have been told that it is for meter reading and bill generation. Mr. Hagan commented that for the many residents who pay their bills on time, this$7 increase seems unwarranted.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
ORDINANCES AND RESOLUTIONS UNDER CONSENT:
ORDINANCE NO. 41-07 BY LINDA BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE DASHER BOARDS FOR THE HAMILTON ICE ARENA AT A TOTAL NOT TO EXCEED $124,775.00
1ST READING
This ordinance was discussed last week with Director Patterson present to answer questions. Mrs. Bartolozzi commented that this improvement was recommended by the Parks & Recreation Commission based upon resident requests.
ORDINANCE NO. 42-07 BY THOMAS T. LONG
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2008 TANDEM AXLE CAB AND CHASSIS FOR A PACKER REAR LOADING BODY FOR THE SERVICE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM INTERNATIONAL TRUCK & ENGINE CORPORATION AT A COST NOT TO EXCEED $71,788.00
1ST READING
With the ordinance which follows, a new truck will be purchased for the Service Division. This cab and chassis will be purchased under the state plan. The unit being replaced is 10 years old and is used for refuse and leaves. Both purchases are in the approved budget.
ORDINANCE NO. 43-07 BY THOMAS T. LONG
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2007 REAR LOADING PACKER BODY FOR THE SERVICE DIVISION FROM BEST EQUIPMENT COMPANY AT A COST NOT TO EXCEED $48,927.00
1ST READING
See discussion for preceding ordinance. This is not purchased under the state plan, but is in the approved budget. Again, a 10-year old vehicle used for refuse and leaves will be replaced.
ORDINANCE NO. 44-07 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A TWO (2) YEAR AGREEMENT WITH ARROW UNIFORM FOR THE RENTAL OF WORK UNIFORMS FOR THE ROCKY RIVER WASTEWATER TREATMENT PLANT AT $.40 PER COTTON OR POLYESTER COTTON BLEND UNIFORM INCLUDING WASH CHARGES
1ST READING
As explained by Mr. Linden, this contract is a two-year continuation of service with the existing provider of uniforms for the WWTP. The price has risen by $.03.
ORDINANCE NO. 45-07 BY THOMAS T. LONG
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE ONE (1) 2008 TELESCOPIC AERIAL BUCKET LIFT TRUCK FOR THE ROCKY RIVER SIGN AND SIGNAL DIVISION FROM UTILITY TRUCK EQUIPMENT, INC. AT A TOTAL COST NOT TO EXCEED $77,445.00
1ST READING
This ordinance was also discussed last week. Mr. Long noted that the vehicle being purchased will replace a unit currently in service. It can be used for traffic signal work and to put up signs because it has a higher reach than the vehicle it replaces.
ORDINANCE NO. 46-07 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH FABRIZI TRUCKING & PAVING, INC. FOR THE 2007 CONCRETE/SIDEWALK PROGRAM IN AN AMOUNT NOT TO EXCEED $57,155.00
1ST READING
Because necessary curbs, aprons or sidewalks may need replacing during the year, the City requires that funds be set aside so that Fabrizi Trucking and Paving can do the work.
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 Long - aye Hagan - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Long, that the ordinances of the Consent Agenda be passed as read:
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Hurtuk acknowledged that last week Mr. Gollinger surprised everyone by his announcement that he will not seek re-election. He said that although he knows that Mr. Gollinger will finish his term, he would like to publicly thank him for his steadying influence on his ward and the City as well as his hard work for his constituents.
Mr. Hagan announced that when Ms. Goodson of CEI attends an upcoming Council meeting, she will also address a requested rate increase. Council members may wish to read the material distributed last week to prepare any questions they may have. Any Council member who wishes to read the entire 75-page text of the Intent to File should notify the Clerk.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview, wished Mr. Gollinger well, commenting that he has done a great job. Commenting on the Quiet Zone, he applauded Council's vote for a 24/7 Quiet Zone as reported by last week's WestLife. He said he hopes that commuter rail will come next.
Kathleen Lyons Henderson, 3410 Wooster Road. Ms. Henderson spoke on behalf of the Tenants' Association of the Presidential and other residents of Wooster Road who are concerned about the lack of a grocery store at Rockport Shopping Center. There are many elderly residents of the Presidential, Continental West and surrounding neighborhoods who will be unable to get to Westgate and when Target moves out, they will be unable to buy the basics. The Senior Center has been helpful, but the transportation van has room for only six passengers. Noting that it is disheartening to see such a formerly vibrant area deserted, she hopes that something can be done to help elderly and disabled residents. She suggested that Whole Foods would be an ideal tenant.
As there was no further business by members of Council, the meeting was adjourned at 9:03 p.m.
_____________________________ _______________________________
Brian F. Hagan Misao Kurokawa
President of Council Clerk of Council