CITY OF ROCKY RIVER
MAY 29, 2007
The regular meeting of Council was called to order by Mr. Hagan, President of Council, at 8:02 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.
MOTION:
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the reading of the minutes of the Legislative Meeting of May 14 and the meeting of the Committee-of-the-Whole of May 21 be waived, and that the minutes be accepted as submitted.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
MAYOR'S REPORT:
Tomorrow the Mayor and Mr. Gollinger will attend a meeting at the airport with other city representatives and Airport Director Ricky Smith. Two noise complaints have been received from Rocky River residents and are being reviewed. With the new technology, it should be possible to identify the aircraft and take action.
The Memorial Day parade and ceremony went very well. The Mayor thanked all those who attended and participated. The extended family of Danny Scherry was in attendance and all members were very pleased and appreciative of the continuing support they are receiving.
Forty-six teams participated in the Relay for Life. The teams represented students, businesses, survivors (who were honored in every way possible), and civic organizations. The City had two teams, and the Mayor received many compliments on employee and official participation. She was also pleased to report that not one resident complaint or issue was reported to the City. As there was concern about the noise and lights, she was pleased that the organizers honored every promise to the residents and the City. They were pleased to have raised tens of thousands of dollars to fight cancer.
The street evaluation list will be updated shortly. Once compiled, it will be reviewed and prioritized. Streets chosen for repaving will be checked underground to be sure that the sewer infrastructure and water lines are in good repair.
The Senior Center's 90+ birthday party will be held on Friday, and this year, there will be 155 resident attendees who are 90 or older.
Discussion: Mr. Hagan commented briefly on the work done by Mr. Connelly of the Building Department who has kept Council members updated on the warnings and notices. The Mayor added that both Mr. Connelly and Mr. Zell have been extremely busy in this spring season. She invited Council members to notify her office or the Building Department if there are concerns with specific problems.
LAW DIRECTOR'S REPORT:
Mr. Bemer reported that an action has been filed to abate the nuisance at 3770 Wooster. A hearing on preliminary injunctive relief has been set for Friday June 8 at 10:00 a.m. before Judge Tim McMonagle.
The draft of legislation to amend Chapters 339 and 341 which deal with vehicle weights, together with ancillary sections included as recommended by Chief Wagner and Officer Hine, were sent to the Police Department today and the Law Director will await their review before forwarding them to Council for discussion.
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS: NONE
There were no requests from members of Council for changes to the Consent Agenda.
AUDIENCE PARTICIPATION: NONE
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 which will indicate to Council members what action should be taken.
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"
Mr. Gollinger indicated that the revised exhibit will be discussed at the June 4 meeting of the Committee-of-the-Whole and if the exhibit can be finalized, this ordinance can be forwarded to the Planning Commission at the next Legislative Meeting.
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.
ALTERNATE ORDINANCE NO. 49-07 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, 2008 AND TEN THOUSAND DOLLARS ($10,000.00) PER YEAR COMMENCING JANUARY 1, 2009
1ST READING
Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that the rule requiring that Alternate Ordinance No. 49-07 be read on three separate days be suspended, and that Alternate Ordinance No. 49-07 be placed upon its passage:
Discussion: Mr. Hurtuk explained that for this ordinance, and the three which follow, he will request suspension of the three-read rule so that the determination of salaries can meet the mandated timeline.
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 Alternate Ordinance No. 49-07 be passed as read:
Discussion: Mr. Hurtuk commented that he appreciated the time and thoughtful consideration given to salary issues by Council members. He noted that it was not an issue of voting for an increase for themselves, but rather for the position which he felt his colleagues did responsibly.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
ALTERNATE ORDINANCE NO. 50-07 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, 2008 AND ELEVEN THOUSAND FIVE HUNDRED DOLLARS ($11,500.00) PER YEAR COMMENCING JANUARY 1, 2009
1ST READING
Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that the rule requiring that Alternate Ordinance No. 50-07 be read on three separate days be suspended, and that Alternate Ordinance No. 50-07 be placed upon its passage:
Discussion: See discussion for Alternate Ordinance No. 49-07.
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 Alternate Ordinance No. 50-07 be passed as read:
Discussion: Mr. Hurtuk pointed out that this position justifies much more than the differential, and the amount is well deserved.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 51-07 BY BRIAN A HURTUK
AN EMERGENCY ORDINANCE ESTABLISHING THE SALARY OF THE MAYOR OF THE CITY OF ROCKY RIVER AT SEVENTY-NINE THOUSAND FIVE HUNDRED DOLLARS ($79,500.00) PER YEAR COMMENCING JANUARY 1, 2008 AND EIGHTY-ONE THOUSAND FIVE HUNDRED DOLLARS ($81,500.00) PER YEAR COMMENCING JANUARY 1, 2009
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 51-07 be read on three separate days be suspended, and that Ordinance No. 51-07 be placed upon its passage:
Discussion: See discussion for Alternate Ordinance No. 49-07.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that Ordinance No. 51-07 be passed as read:
Discussion: With the Mayor's summaries, the matter was discussed at last week's meetings. Mr. Hurtuk pointed out that this is a 24/7 job and the raises for the position should be consistent with those of other employees of the City. The increases are justly deserved for the role.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 52-07 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE PROVIDING FOR THE COMPENSATION OF THE DIRECTOR OF LAW FOR THE YEARS COMMENCING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2009
1ST READING
Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 52-07 be read on three separate days be suspended, and that Ordinance No. 52-07 be placed upon its passage:
Discussion: See discussion for Alternate Ordinance No. 49-07.
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. 52-07 be passed as read:
Discussion: Mr. Hurtuk noted that these administrative ordinances are frequently placed on the Consent Agenda. In this instance, he felt that the consideration of each ordinance in turn was more appropriate. Last week, Director Bemer also provided information on the position. Mr. Hurtuk further noted that although this is a part-time position, it can quickly escalate, and the position warrants the proposed pay schedule.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
RESOLUTION NO. 56-07 BY BRIAN F. HAGAN
A RESOLUTION OPPOSING OHIO SUBSTITUTE SENATE BILL 117 AND SUPPORTING THE LOCAL CABLE FRANCHISING PROCESS; AND DECLARING AN EMERGENCY
1ST READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi and Mr. Gollinger, that the rule requiring that Resolution No. 56-07 be read on three separate days be suspended, and that Resolution No. 56-07 be placed upon its passage:
Discussion: Mr. Hagan recommended that Council members read the bulletin published by Walter & Haverfield concerning Sub SB 117. They have analyzed the bill and kept municipalities up to date on developments that affect them. The urgency for passage of this resolution is that the House is currently in the midst of hearings. Municipalities are not contacting their representatives to urge action on the serious flaws in the bill which should be addressed and amended before 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 Resolution No. 56-07 be passed as read:
Discussion: If this bill becomes law, it will affect all municipalities. By signing this, Council will at least have the opportunity to voice its opinion on behalf of the people they represent to members of the House asking that they take a serious look at Sub SB 117. He also urged Council members to e-mail Rep. Jennifer Brady to let her know that Council has passed the resolution and does not believe that this is good for the community.
The Mayor added that the Ohio Municipal League has also requested a copy of any resolutions and other correspondence.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 57-07 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE ADOPTING THE THIRD AMENDMENT TO THE 1982 AGREEMENT FOR THE OPERATION AND MAINTENANCE OF THE ROCKY RIVER WASTEWATER TREATMENT PLANT AND DIRECTING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO AGREEMENT AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
1ST READING
Moved by Mr. Hunt, seconded by Mrs. Bartolozzi and Mr. Gollinger, that the rule requiring that Ordinance No. 57-07 be read on three separate days be suspended, and that Ordinance No. 57-07 be placed upon its passage:
Discussion: Mr. Hunt explained that this amendment to the original WWTP agreement affects not only Rocky River, but the other cities who are part of the plant. The matter was discussed at the last meeting of the Committee-of-the-Whole. Mr. Hunt recommended passage since other communities must also review and pass this legislation.
Mr. Hagan noted that the ordinance read this evening had an amended ordinance page which was distributed to Council members this evening.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hunt, seconded by Mrs. Bartolozzi, that Ordinance No. 57-07 be passed as read:
Discussion: As summarized by the Mayor, Mr. Hunt outlined the changes that will occur when the ordinance is passed: increased oversight of the budget by the Management Committee, a change in the date of annual reporting to the Management Committee, and provision for appointment of designees in the absence of any of the mayors on the committee.
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. 54-07 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING MAYOR TO ENTER INTO A CONTRACT WITH HERBST ELECTRIC COMPANY FOR THE ELECTRICAL TRANSFORMER REPLACEMENT PROJECT AT THE WASTEWATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED $75,045.00
1ST READING
Mr. Hunt indicated that a complete discussion of this project was held at last week's meeting of the Committee-of-the-Whole. In addition, this replacement has been mandated by the EPA.
ORDINANCE NO. 55-07 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AMENDING SECTION 953.02 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "FEES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Mrs. Bartolozzi explained that the changes authorized in this ordinance will affect fees for use of the ice rink which are generally reviewed and amended every two years. It has been two years since they were last raised and changes were discussed last week.
Moved by Mr. Hagan, seconded by Mr. Moran, 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 Mr. Hunt 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: NONE
AUDIENCE PARTICIPATION: NONE
As there was no further business by members of Council, the meeting was adjourned at 8: 27 p.m.
_____________________________ _______________________________
Brian F. Hagan Misao Kurokawa
President of Council Clerk of Council