DRAFT
CITY OF ROCKY RIVER
MAY 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
Assistant Law Director: Mr. Hotz
Press: Mr. Miklosovic, Mr. White
The meeting was opened with the Pledge of Allegiance.
Mrs. Bobst welcomed Stephen White on his return as reporter for WestLife following surgery.
MAYOR'S REPORT:
Mayor Knoble turned first to Mr. Linden for news of damage following the storm of 60-90 minutes earlier. Mr. Linden reported that several large trees and some wires were down in an area bounded by Spencer and Archwood from Westwood to Center Ridge. Crews are responding to make certain that roadways are clear. Mr. Hagan reported a tree down also on Mercedes.
The new director of the Westshore Y visited the Mayor's office last week. Christopher Bergin, a Rocky River resident, has returned for this job from Indiana and indicated that he is looking forward to his work at the Y. The Mayor noted that our Recreation Department has a cooperative swim program with the Y.
Approximately 200 Goldwood second graders visited City Hall and the Court for their annual tour last week. Also included were visits to the Police Department and Fire Department. The Mayor added that he enjoyed their visit to his office.
A successful stroke awareness program was held last Wednesday with about 60 City employees participating. Following a short talk on early symptoms of stroke and the importance of seeking early intervention, any employee who wished could have a free blood pressure, glucose and cholesterol screening to determine risk factors.
This Saturday a "Touch a Truck" program will be held for youngsters from 10 a.m. to noon on the City Hall complex. Various pieces of City equipment will be on display for the program which is open to the general public.
The Police Department has been loaned a Chevrolet Impala for one month at no charge for demonstration and consideration. It has front wheel drive and a V-6 engine. The Mayor commented that it is fairly roomy; officers will drive and evaluate the car.
Enforcement continues on Wooster. From 9 a.m. to 1 p.m. today, 17 citations were issued for violations of the "road closed" sign and seat belt laws. On Friday, from 10 a.m. to 2 p.m., 14 citations were issued. Unfortunately, some were to Rocky River citizens, but the Mayor feels that the traffic law must be enforced for safety.
Discussion: Mr. Frost asked if the fire truck is still listed on E-Bay. The Mayor replied that the initial period expired without any bids, so it has been renewed, and the price reduced to $3500.
Mr. Hagan asked about the signage at Story and Wooster. The Mayor responded that a new sign southbound on Wooster just before Center Ridge warns that Wooster is closed at Story and advises westbound Lorain Road traffic to use W. 210. There have been no accidents. Otherwise, the yield sign is still in place and lights are bagged during certain hours.
UNFINISHED BUSINESS:
Amended Ordinance No. 46-04 and Ordinance No. 59-04: Mr. Potterfield stated that a Public Hearing will be held next Monday at 8:00 p.m. Although Council considers only the rezoning, he noted that plans for proposed development are available in the Building Department.
Ordinance No. 66-04: The Mayor announced that after consulting with Mrs. Whitman and Mr. Matty, he wished to change the Exhibit, adding in 153.015 (c) "and do not accrue" compensatory time. He explained that no formal records would be kept, but that Mr. Linden, for example, could spend extra hours to supervise assessment of storm damage one day, and leave early another. Mrs. Bobst asked if the elimination of documentation presents issues. The Mayor explained that it depends upon people's perceptions. He is opposed to the accumulation of compensatory time which could be an issue at retirement. Exempt employees know their job responsibilities when hired and are willing to put in the time necessary to do the job.
Mrs. Bobst mentioned the current policy which is a short-term accumulation with a maximum accrual. The Mayor stated that this was never codified, but was an administrative policy which allocated up to 80 hours which had to be used within 30 days; no payment would be made upon retirement. This change in the Code clarifies the policy.
Mr. Hurtuk asked if any changes need to be made because some exempt employees were hired long ago and told that these hours would be given to them. He wondered if this was a contract and if employees needed to be notified. The Mayor responded that these employees serve at will and are subject to changing policies. He added that all directors were notified six months ago that this policy would be terminated. This would give them ample opportunity to use any accumulated hours. Mr. Hurtuk acknowledged that this was not, then, a contract or consideration of employment. Mrs. Bobst agreed, saying that it was an administrative policy in the past, but not part of a contractual agreement.
Ordinance No. 64-04: This ordinance, which would authorize payment to the City of Cleveland for meter readings already done, will have a second reading this week. Mrs. Bobst asked if immediate passage was necessary. The Mayor indicated that he had sent a letter to Mayor Patton asking her to raise the question at the next meeting of the regional water council. Mr. Hurtuk noted that there have been changes made in the Cleveland Water Department. The Mayor commented that, interestingly, in his interviews for Finance Director, one candidate explained a new technology in which meters would send signals to a receiver which could be held by a reader driving down the street. An entire city could be read in one day. More research will be done on this ordinance.
Resolution No. 76-04: Mr. Hurtuk explained that some residents on High Parkway and Valley View had written to complain about the dog park in Lakewood. They say there is noise there around the clock. He said that he had spoken with Mr. Gollinger, the Mayor, and Mr. Matty. Since there has been no positive response from Lakewood, this resolution was suggested by the Law Director.
Mr. Gollinger disputed the comment that there had been no response and stated that there has been dialogue and an attempt to work through the administration of the City of Lakewood which did not work. He hoped that with the election and a new mayor, the result would be different, but it was not. He has spoken, however, with an individual in the city and has had dialogue with the Metroparks.
The problems with this resolution, as he sees it, are:
He said he thinks it is a flawed piece of legislation.
Mrs. Bobst asked what suggestions he would offer as remedies, since this has been many months.
Mr. Gollinger mentioned that last week, the Lakewood Animal Control Officer was patrolling in the area of concern, and he felt that it was to verify information and measure irritation associated with the dog park. Mr. Gollinger felt that this movement was instigated by the individual with whom he had conversation. This is a very political issue for Lakewood. Another article has appeared in The Plain Dealer which characterized the park as open, listed hours of operation, etc. The City of Lakewood has spent a great deal in the past months. Mr. Gollinger also thinks there may be ways to approach the problem through the Metroparks, but this would not be an immediate solution. He does not believe that the proposed resolution will help, but rather may slow or derail his efforts.
Mrs. Bobst commented that she understood that the park was established for Lakewood residents only. She asked what the current policy is and how it is being enforced. She also noted that at the time the dog park was established, suggestions were made that it be centrally located in the city, but there was opposition centering around safety issues, health issues and noise issues. At that time there had been conversations with the Metroparks on behalf of several communities.
Mr. Gollinger suggested that some issues were missed when the dog park was opened. Safety is his main concern because people have to park their cars and then walk across a bridge to reach the park. Preliminary conversations with the Metroparks have produced agreement that something should be done. This resolution could have a negative impact.
Mrs. Bobst asked what the next step should be so that our residents feel confident that the City is moving ahead. She added that communication with residents is important so they know that the City is taking action.
Mayor Knoble indicated that the Administration would like to add support for the residents. He has discussed this issue with Mayor George and gave him a copy of the petitions of complaint signed by Rocky River residents. Because of a lack of response, Mr. Matty recommended this resolution as a step in giving them formal notice. If there is no response, there could be another step that follows. The Mayor feels that there will be no action unless they are pushed.
Mr. Gollinger asked if the next step is civil legal action.
Mrs. Bobst reiterated that the City would like to work this out cooperatively, but she feels that this step is necessary as a part of reaching a satisfactory resolution for residents.
Mr. Hurtuk asked how Rocky River monitors and enforces its noise ordinances. Mayor Knoble responded that it is complaint-driven. If someone calls, a police car is sent and perhaps a warning issued and the call is recorded. With more calls at the same address, citations may be issued. The call must be received while the noise is occurring so that it can be measured. Mr. Hurtuk did not feel that ongoing relations with Lakewood would be damaged by this resolution.
Mrs. Bartolozzi asked if there is a limit on the number of people who can use the park. Mr. Gollinger has read the posted regulations, but has seen nothing about noise. Mrs. Bobst said that health issues have also been raised.
Mr. Potterfield mentioned that he had had calls about skateboard noise on Beverly Hills, but that these have not been pursued on a noise basis. It was noted that calls need to be made while the noise is in progress.
Mr. Frost agreed with Mr. Gollinger and said that he felt that this is an issue which should be undertaken by the Administration. He does not see that this as an issue for Council, and was surprised that at Administration support for the resolution. He thinks that the Administration and Law Director should handle this by inter-City diplomacy. When shown the resolution, the Working Group on Animal Control Laws was equally surprised. Mr. Frost pointed out that passage would probably not be unanimous.
Mr. Hagan agreed with Mr. Frost, feeling that if the situation were reversed, he might take umbrage at being told to enforce our legislation. He suggested that it is time that constituents know of Mr. Gollinger's efforts on their behalf, what he has done, what he is doing, and what he will do.
Mr. Gollinger pointed out that he is taking some steps. The park was not instituted overnight, and won't be corrected overnight. He concluded that sending the resolution was not a good idea.
Mrs. Bartolozzi suggested that residents affected by the noise call the Lakewood Police with their concerns. Mrs. Bobst observed that that had already been done. This problem has been going on for some time.
Mr. Frost noted that during last year's heat, odor was also a complaint. Some changes have been made to the park, but it is clear that not all issues have been thought through. The Working Group felt a sign citing the need to control dogs might help. If there is a next step, the Law Director should take it.
The Mayor pointed out that the it was the Law Director who suggested this resolution as the next step.
Mr. Hurtuk acknowledged that he was made aware of the problem only a short time ago. Acting upon Mr. Matty's advice, this resolution was brought to Council. He suggested waiting until next week for more information from the Law Director. The Mayor added that the Administration has done all that it can.
MISCELLANEOUS BUSINESS:
Mr. Frost raised a question from the last meeting of the BZA which he attended. Mr. Spremulli requested a variance to allow for outdoor storage of propane for sale. Fire Safety Officer Crowe observed that this is in conformance with the International Fire Code and is the safest way to store propane. Mr. Frost observed, however, that aesthetics is another issue and asked if Council wishes to consider whether to allow outside sales of propane.
Mrs. Bobst asked if this would be an accessory building. Mr. Frost said it was a rack, or cage on the outside of a building. Although safety might not be an issue, Mr. Gollinger pointed out that once permitted, many merchants might wish to sell propane. Mr. Frost agreed, saying that any change to the Code must be carefully crafted. He thought it might be more a matter for Planning and Zoning than Safety, and suggested if Council wishes to consider this, it may appear on a future agenda.
COMMITTEE REPORTS:
Contracts - Government and Judicial Committee: Mr. Hagan indicated that next week's meeting will consider the procedure for the sale or disposal of municipal property. In this week's packet, Euclid's code change and Bay Village's individual ordinances for purchase or sale of property will be distributed for consideration next Monday at 7:00 p.m. in the Committee Room.
Environmental Committee. The Environmental Committee will meet June 14 at 7:00 p.m. in the Committee Room. On the agenda will be a continuation of the discussion of rental inspection fees and trash on tree lawns.
Planning, Zoning and Economic Development Committee: At its last meeting, Mr. Potterfield reported that several topics were discussed:
Parks and Recreation Commission; will meet at 8:00 a.m. on Wednesday at the Pavilion. Among discussion topics will be an update on the outdoor pool, a report from the Recreation Facilities Task Force, a report from the Recreation Foundation's Hole-in-One contest, Rocky River Park, Tri-City Park, and a review of program fees for summer activities.
NEW BUSINESS:
Ordinance No. 78-04: This ordinance provides for rental of WWTP uniforms and their upkeep and replacement. The bids were carefully reviewed by Mr. Linden and Mr. Harrington, and their recommendation is that the City sign a multi-year contract with Arrow Uniform which was less expensive overall. This will be placed on the Consent Agenda.
Ordinance No. 79-04: This provides for reimbursement of expenses for Wooster Road so that this expense can be incorporated into a bond issue if the City chooses to borrow. Fairview Park will make the initial payments and we will repay them. Mr. Hurtuk indicated that more information would be available next week.
Resolution No. 80-04: This resolution names Calfee, Halter & Griswold as our bond counsel. Mr. Gollinger asked if a dollar amount should be included. The Mayor answered that this is an on-going agreement. Mrs. Bobst agreed, saying that we are renewing our relationship which will continue until we end it.
Ordinance No. 81-04: Mr. Gollinger has discussed this erosion control facility with Mr. Lesiecki and Mr. Matty. The ODNR requires formal approval even though we are not directly involved or will incur any expenses. This ordinance meets the requirements of the ODNR and has been reviewed by Mr. Matty. This will be on the Consent Agenda with Ordinance No. 78-04 and Resolution No. 80-04. Mrs. Bobst reminded Council members that if any questions arose, they could request removal from the Consent Agenda.
COMMUNICATIONS AND ANNOUNCEMENTS:
The Recreation Facilities Task Force will meet May 25 at 7:00 p.m. in the Senior Center Auditorium.
The Master Plan Working Group will meet Wednesday, June 2 at 5:00 p.m. at the Civic Center.
Mayor Knoble announced that following Council's discussion of the Phase I Environmental Study for the Lake Road Development Site, Mr. Koran had inquired, but was told that no State grants are available to help cities clean up former landfills.
As there was no further business by members of Council, the meeting was adjourned at 9:25 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 meeting of the Committee-of-the-Whole of May 17, 2004. These minutes may be amended or revised at the next Legislative Meeting.