DRAFT
CITY OF ROCKY RIVER
MAY 23, 2005
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. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mr. Linden, Mr. Thomas
Law Director: Mr. Matty
Press: Mrs. McKenzie
The meeting was opened with the Pledge of Allegiance. Mrs. Bobst noted that the meeting was being recorded by a resident.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the reading of the minutes of the Legislative Meeting and Executive Session of May 9, and the meeting of the Committee-of-the-Whole and the Executive Session of May 16 be waived and that the minutes be accepted as submitted.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
MAYOR'S REPORT: NONE
LAW DIRECTOR'S REPORT:
Today the Law Director received notification from the Court of Common Pleas that in the case of Thomas Savoca v. the City of Rocky River the Court upheld the ruling of the City's BZA. This means that unless the case is appealed, Mr. Savoca must comply with the order of the Building Commissioner.
Mr. Matty also requested an Executive Session to discuss a matter of pending litigation.
COMMITTEE REPORTS:
Safety Committee: Mr. Frost noted that Ordinance No. 47-05, the comprehensive overhaul of the animal control ordinances, is on the agenda for potential passage this evening. Included in this ordinance is a prohibition of the feeding of Canada geese and gulls. There was a good deal of public comment on this issue, mostly in favor of the prohibition, and Mr. Frost indicated that he has considered the significant public input on the matter and will support the recommendation of the Working Group, extending the prohibition on feeding of Canada geese and gulls to ducks and pigeons as well. He further intends to ask for a third reading this evening.
COMMUNICATIONS AND ANNOUNCEMENTS:
Mrs. Bobst has received notice this evening of a meeting of a group of residents who will hold a community meeting Thursday, June 9 at 7:00 p.m. at the West Shore Unitarian Church on Hilliard.
A seminar entitled "Density by Design" will be held May 31. Interested Council members should contact Mrs. Bobst.
Mr. Frost extended condolences to Dr. Parraga, Chairperson of the Working Group on Animal Control Laws, on the passing of her father one week ago.
There were no requests from Council members for changes to the Consent Agenda.
AUDIENCE PARTICIPATION:
Fred I Sokol, 20021 Parkview, speaking on Ordinance No. 47-05, expressed his feelings on the democratic process which resulted in the revised chapter, reaching out to residents and responding to their needs. He commented that the laws are welcome and bring a good message to pet owners who need to be responsible and considerate of others. At this point, he urged Council to refrain from expanding the chapter with further regulations, noting that less government is good government. He further welcomes feral cats.
Dr. Daniel Marsalek, 269 Yacht Club Drive, likes to feed ducks. He indicated that if Ordinance No. 47-05 is a safety issue, it should be recognized that the reason for the proliferation of waterfowl is the destruction of natural enemies and the wetlands, not feeding. The problem is largely with goose feces and the fear of disease that that brings. He said that the danger of contracting a disease from geese is small, but could occur with activities like swimming in contaminated waters. He further asserted that E. coli is caused by dog, cat or human contamination. He has had visits from the Health Department and has not been cited or issued cautions that there is a problem with his actions in feeding ducks. Further, he does not know how to keep pigeons out of his bird feeder.
Paul Gallagher, 20779 Beechwood, spoke on behalf of Ordinance No. 80-05, the contract with Community Challenge. Mr. Gallagher is the president of the Board of Trustees of Community Challenge, and he asserted that it is a great organization which has served the City fo 20 years. They have always relied on the generosity of the City for funding. Community Challenge works with middle school and high school students, stressing education and the prevention of alcohol and drug abuse. To further the goal of a healthy lifestyle, it has two counselors who work in the schools.
Jack McGreevey, 20051 Beach Cliff Blvd. echoed the comments of Mr. Gallagher, pointing out that this organization has a wonderful program for this community. Founded by a group of concerned parents, it has become an asset to the community and should be supported by Council.
Don Culp, 20875 Lake Road, expressed appreciation that Mr. Frost has recognized the comments he has received and will add ducks to the prohibition on feeding. As an environmental chemist, he has had wide experience with water quality and he asserted that duck feces can cause E. coli infections and avian botulism. Feeding ducks causes them to remain in the area instead of migrating and their concentrated population fouls parks and the beachfront. He does not wish to see this natural asset diminished. As duck populations grow, they lose their fear of humans and children are exposed to their feces as they walk though it. With rain, these contaminants are washed into the water and will affect it to a 4' depth. When levels mandated by the Ohio Department of Health are exceeded, the beaches will have to close, as has already happened at Edgewater Park.
David Cook, 2989 Macbeth, feels that this is an important issue, and he sees the importance of cooperating with those around us. The Metroparks prohibit the feeding of ducks, and Mr. Cook feels that the City should also ban their feeding. Further, he urged Council to reinstate the definition used in the ORC rather than substitute the City's own definition. In a court case, it could become an issue, and he feels that the City should take advantage of what the State has already done.
Jim Winterich, Cleveland Yachting Club, is the president of the organization. He thanked those who had opposed permitting duck feeding because of the mess it creates for the CYC. He presented Council with 80 petitions favoring the prohibition of feeding..
RESOLUTION NO. 133-04 BY EARL W. POTTERFIELD
A RESOLUTION ADOPTING A COMPREHENSIVE GENERAL PLAN KNOWN AS THE ROCKY RIVER MASTER PLAN
The Master Plan is under review by the Planning Commission which will have its next meeting tomorrow evening.
ORDINANCE NO. 40-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1143.03 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "SCHEDULE OF AREA, YARD AND HEIGHT REQUIREMENTS", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
Mr. Potterfield noted that this ordinance is also under consideration by the Planning Commission, and the same situation prevails.
AMENDED ORDINANCE NO. 47-05 BY ROBERT S. FROST
AN EMERGENCY ORDINANCE SUBSTITUTING NEW CHAPTER 505, ENTITLED "ANIMALS", FOR THE EXISTING CHAPTER IN THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
3RD READING
MOTION:
Moved by Mr. Frost with a further motion by Mr. Gollinger, seconded by Mr. Hagan, that five amendments be made to Ordinance No. 47-05:
Further moved by Mr. Gollinger, that Section 505.035 be amended to restore the prohibition on the feeding of ducks or pigeons to be added to Canada geese and gulls.
Discussion: Mr. Frost thanked the members of the Working Group for their work and their continued interest beyond the recommendations made. He assured them that all of their recommendations had been heard and that their input has been felt. He also enumerated and thanked the many residents who took the time to express their opinions through correspondence at the Public Meeting and the meetings which followed. He indicated that the process worked for the updating of this chapter.
Mr. Gollinger spoke on his proposed amendment to restore the original recommendation of the Working Group to prohibit feeding of four specific groups. He emphasized that there is no prohibition on the feeding of other birds. He noted that with these species, feeding often attracts vermin and involves a health issue.
Mr. Frost further quoted from a letter received from Dr. Marsalek, a proponent of duck feeding: "Because of this possible risk, it is best to not feed wildlife, to allow them to eat natural food items and to occur in the density that would be normal. Concentrating animals around a source of food greatly increases the risks to all involved. Because of that, prohibiting feeding of waterfowl would not be a bad practice in any situation."
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Frost, seconded by Mr. Gollinger and Mr. Hagan, that Amended Ordinance No. 47-05 be passed as read:
Discussion: Once again, Mr. Frost thanked the Working Group for its hard work. He also thanked the members of the Safety Committee, the Law Director, the Police Chief, the Animal Control Officer, and the many residents who added their comments.
Mrs. Bobst asked Mr. Frost to address the concerns expressed by Mr. Cook in the definition used in the Chapter. Mr. Frost responded that he had followed up with the Law Director and had no hesitancy in retaining the definition as recommended by the Working Group.
Mr. Matty noted that as a chartered community, it is up to Council, as to whether or not it wishes to vary from the wording in the State law, so long as the definition is not arbitrary or capricious. There may be cases where this is questioned, but Mr. Matty maintained that this is his job. He also indicated that he had solicited opinions from the prosecutor who had made some changes. One area of concern would have been the prohibition of the feeding of wild "animals". Since it was specific in this case and the animals were mentioned, he is not concerned.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 70-05 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE CITY OF CLEVELAND, DIVISION OF WATER FOR WATER METER READINGS NEEDED BY THE CITY OF ROCKY RIVER IN THE AMOUNT OF $19,355.36
2ND READING
Mr. Hurtuk reported that more research needs to be done. He hopes to have a report for the next Committee-of-the-Whole.
ORDINANCE NO. 74-05 BY BRIAN A. HURTUK
AN ORDINANCE AUTHORIZING THE MUNICIPAL MOTOR VEHICLE LICENSE TAX PURSUANT TO OHIO REVISED CODE SECTION 4504.172
2ND READING
Mr. Hurtuk noted that several communities around us have already levied this tax on motor vehicle licenses. With the new street evaluation, he hopes for more discussion at the next meeting of the Committee-of-the-Whole.
ORDINANCE NO. 80-05 BY BRIAN A. HURTUK
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WITH COMMUNITY CHALLENGE, INC. TO PROVIDE CERTAIN SOCIAL SERVICES BENEFICIAL TO THE CITY FOR THE SUM OF $43,500.00 AND DECLARING AN EMERGENCY
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 80-05 be read on three separate days be suspended, and that Ordinance No. 80-05 be placed upon its passage:
Discussion: As noted by Mr. Hurtuk, this organization has been in the City for a long time. As the services have been provided for in the budget, there is no reason to delay funding for three readings.
Vote: Gollinger - aye Potterfield - 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. 80-05 be passed as read:
Discussion: For the record, Mr. Matty pointed out that this ordinance does not authorize a gratuitous payment. Rather, it is a contract for social services. Evidence of fulfillment of the services contracted must be provided to the Finance Director. Mrs. Bobst mentioned that the organization prepares a quarterly report.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 81-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE AN ESTIMATED 4,350 TONS OF SALT FOR THE SERVICE DEPARTMENT UNDER THE STATE COOPERATIVE PURCHASING ACT, CONTRACT 18 FROM THE STATE-APPROVED VENDOR
1ST READING
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 81-05 be read on three separate days be suspended, and that Ordinance No. 81-05 be placed upon its passage:
Discussion: This ordinance will enable the City to be placed on the list of cities who purchase salt under the State Cooperative Purchasing Act. As salt is always needed, there is no reason to delay.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that Ordinance No. 81-05 be passed as read:
Discussion: Mr. Linden noted this ordinance is a housekeeping issue which has been passed annually for the last five years. Mr. Linden has estimated our usage; we are obligated to purchase 50% of this amount, and may purchase up to 150%. This method of purchasing salt eliminates bidding and we are assured of sufficient supplies. Last year, the City used approximately 5000 tons.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 82-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO APPROVE CHANGE ORDERS FOR DIGIOIA-SUBURBAN EXCAVATING, LLC FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE ORCHARD PARK/BATES ROAD AREA WATERLINE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $99,850.41
1ST READING
This ordinance is on a first reading and will be discussed at the next meeting of the Committee-of-the-Whole.
ORDINANCES AND RESOLUTIONS UNDER CONSENT:
ORDINANCE NO. 75-05 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE ESTABLISHING THE SALARY OF THE MAYOR OF THE CITY OF ROCKY RIVER AT SEVENTY-SEVEN THOUSAND FOUR HUNDRED DOLLARS ($77,400.00) PER YEAR COMMENCING JANUARY 1, 2006, AND SEVENTY-SEVEN THOUSAND FOUR HUNDRED DOLLARS ($77,400.00) PER YEAR COMMENCING JANUARY 1, 2007
1ST READING
No change in salary is reflected in this ordinance. Mr. Hurtuk further noted that the amount must be set at least 45 days prior to the last filing date of nominating petitions.
ORDINANCE NO. 76-05 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE PROVIDING FOR THE COMPENSATION OF THE DIRECTOR OF LAW FOR THE YEARS COMMENCING JANUARY 1, 2006 AND ENDING DECEMBER 31, 2007
1ST READING
The same comments apply to this ordinance. Mr. Matty added that by the end of the period covered, his salary will have been set at the same amount for five years. He further noted that in Section 2, the City has the option of hiring outside counsel for litigation, albeit at much higher rates. In some instances, when specialized assistance is needed, this has been done in the past.
ORDINANCE NO. 77-05 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE PROVIDING FOR THE SALARY OF COUNCIL-MEMBERS OF THE CITY OF ROCKY RIVER AT TEN THOUSAND DOLLARS ($10,000.00) PER YEAR COMMENCING JANUARY 1, 2006 AND TEN THOUSAND DOLLARS ($10,000.00) PER YEAR COMMENCING JANUARY 1, 2007
1ST READING
The comments for Ordinance No. 75-05 apply to this ordinance.
ORDINANCE NO. 78-05 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE PROVIDING FOR THE SALARY OF THE PRESIDENT OF COUNCIL OF THE CITY OF ROCKY RIVER AT ELEVEN THOUSAND FIVE HUNDRED DOLLARS ($11,500.00) PER YEAR COMMENCING JANUARY 1, 2006 AND ELEVEN THOUSAND FIVE HUNDRED DOLLARS ($11,500.00) PER YEAR COMMENCING JANUARY 1, 2007
1ST READING
See discussion for Ordinance No. 75-05.
ORDINANCE NO. 79-05 BY PAMELA E. BOBST
AN EMERGENCY ORDINANCE ESTABLISHING THAT ROCKY RIVER CITY COUNCIL SHALL RECESS DURING THE MONTH OF AUGUST IN 2005
1ST READING
Traditionally, the Council has been in recess during the month of August. Mrs. Bobst added that even during recess, Council members are often available to residents and the Administration when possible.
Moved by Mrs. Bobst, seconded by Mr. Hagan, that the rule requiring that the ordinances on the Consent Agenda be read on three separate days be suspended, and that the stated ordinances be placed upon their passage:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mr. Hagan, that the stated ordinances be passed as read:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Hurtuk, that at the request of the Law Director, an Executive Session be held immediately following the meeting to discuss a matter of pending court action under Article X, Section 6, Subsection 3 of the Charter.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Gollinger reported that together with Mr. Matty, he had attended a quarterly meeting of airport suburban neighbors. The airport administration continues to work on noise issues. Traffic is up in terms of the number of passengers, but down in the number of aircraft. Projections show that for 2005 the number of passengers that will come through the airport will exceed the number reached in 2001. There is also on-going construction at the airport.
Loud noise is diminishing. In the last quarter, only one complaint from Rocky River was registered on the hotline, 216 898-5220.
Mr. Matty added that the percentage of departures and arrivals is less in our community. Simultaneously, a new landing system benefits us as planes are directed further east than before. Director Mok and his administration are working with suburban communities while still doing their jobs.
Mr. Frost entered correspondence received on the revision of Chapter 505 into the public record as follows:
(Exhibit "H")
Mrs. Bobst then raised the question brought up by Mr. Linden in his memorandum of May 19, a change to the Section 123.05 (a) (2) of the Code which would permit the Mayor or his designee to negotiate a lease for a communications site on City property, rather than having to go through the bidding process. The issue was raised because no bids were received, and providers of communications services prefer negotiations so that the services and conditions are not made public. The need for the tower is great, as there are low areas of poor reception.
Mr. Matty indicated that the only way negotiations can be held is to amend the Code in Section 123.05 to allow negotiation rather than bidding.
Mrs. Bobst asked if 123.05 (a) 3 would apply. The Law Director said that this section applies to proposals from developers rather than a communications company i.e, it does not deal with the right entity.
Mr. Frost suggested that if references to developers were to be removed, the section would be more generic and could apply to communications companies.
The Law Director indicated that he was always concerned when negotiating with an entity that does not wish to bid. Because of repercussions down the road, he would prefer exceptions to be as limited and specific as possible. In this case, three or four communications companies can use one tower, avoiding the building of additional towers.
Mrs. Bobst pointed out that an additional benefit is that the company would place the communications for the City's safety forces at the top of the tower at no charge. The existing tower can be removed. This would enhance their communications capabilities within the City.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hagan and Mr. Gollinger, that the Law Director be directed to draft legislation amending Section 123.05 to include negotiation of a lease for a communications site on City property.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Mrs. Bobst reminded Council members and the audience that because next week is the fifth Monday in May, there would be no Council meeting. The next meeting will be on June 6.
AUDIENCE PARTICIPATION:
Bill Welsh, 1050 Orchard Park asked about Ordinance No. 82-05. He wondered what the $100,000 change order for Orchard Park/Bates would be used for. Mr. Hagan responded that the issue would be discussed at the next meeting of the Committee-of-the-Whole.
Fred I. Sokol, 20021 Parkview spoke on the need in the City for a large field where youth can play softball, soccer and touch football. Noticing that many youngsters congregate in the existing Linden Park, he proposed a large recreational park, like Bohlken Park in Fairview Park, with space for many youngsters to play and facilities like rest rooms and refreshments. He said that it would be a wonderful addition to the City.
Mr. Frost mentioned that a meeting has been called for residents of the Orchard Park/Bates area to discuss the sewer improvement and paving program. It will be held on Tuesday, May 31 in the Council Chambers.
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 Legislative Meeting of May 23, 2005. These minutes may be revised or amended at the next Legislative Meeting.