DRAFT

CITY OF ROCKY RIVER

JUNE 7, 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. Potterfield, Mr. Hurtuk, Mrs. Bartolozzi, Mr. Hagan,

Mrs. Bobst

Absent: Mr. Gollinger, Mr. Frost

Administration: Mayor Knoble, Mr. Linden

Assistant Law Director: Mr. Hotz

Press: Mr. White

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The Mayor attended the meeting of the Recreation Facilities Task Force on May 25 in the Senior Center auditorium. He thanked the seniors who volunteered as hosts to direct attendees.

The Mayor also attended a meeting held by the EPA on May 27 to discuss the dredging of the Rocky River. Three persons spoke for the record in a formal proceeding which is required before the dredging process begins this summer. This was preceded and followed by informal discussions.

The Memorial Day event went very well. The Mayor found it a very moving and touching ceremony.

Saturday night Mayor Knoble attended an Inglewood street opening celebration picnic. Most of the street was in attendance, and he was pleased that he heard no negative comments about the work done by Fabrizi.

This Wednesday, a DARE graduation will be held for 5^th graders at Kensington School. The ceremony will be followed by the traditional pool party.

This Saturday, the Bike Rodeo will begin at 9 a.m. with the drawings for the bikes at about 10:30.

A meeting was held in the Mayor's office on May 27 with ODOT and Great Lakes Construction. Work on clearing for the I-90 sound barriers is beginning, with the south side of Valley View along the south side of I-90 west completed. This week, crews will be on Westway which will need to be closed at times for the moving of heavy equipment.

Mrs. Burt has set a deadline of June 15 for the newsletter. Council members are reminded to submit articles by 4 p.m. on the 15^th.

A new Finance Director has been hired. Michael A. Thomas is a Rocky River resident who has had several years experience with the State Auditor's office, then left the auditing area of government finance to become the assistant finance director in Lakewood. He is currently serving as Finance Director in Richmond Hts. and comes highly recommended by those for and with whom he works. Fortunately, he is very familiar with our computer system, as it is identical to the one he currently uses in Richmond Hts. After clearing some sick issues in his current position, he will begin full-time employment, working with Ms. Wollenzier, no later than June 21.

UNFINISHED BUSINESS:

Ordinance No. 64-04: Mr. Hurtuk noted that this ordinance has been read for the second time. He has been unable to make contact with the Water Department for an alternative to this payment, so unless he is more successful this week, he said he will move for passage. The ordinance will be on the Consent Agenda.

Ordinance No. 66-04: Mr. Hurtuk asked the Mayor for his views on this codification of the overtime and compensatory time policy for exempt employees. Mayor Knoble indicated that Council members had received copies of the new policies distributed to exempt employees. Some directors have used their time, and the Mayor has received no complaints from them. He added that this ordinance needs to move ahead so that the handbook can be completed and distributed. He also explained that it was the Finance Director's opinion that all money issues require codification. The policy is one established in the 1980's by Mayor Martin and affirmed by Mayor Umerley. This ordinance will clarify and codify the policy, protecting the City from requests for compensation at retirement for overtime or compensatory hours. Mr. Hurtuk polled other Council members for their opinion.

Mrs. Bartolozzi stated that it seemed straightforward and she saw no reason not to pass it.

Mr. Potterfield commented that the handbook could be completed without including this policy. The Mayor responded that changes would be possible since it would be in loose leaf form. Mr. Hagan agreed with Mr. Potterfield, noting that the policy had been in force for some time without codification, and that his leaning would be that Council approval would not be necessary. He asked about the opinion of the Law Director. The Mayor replied that Mr. Matty had previously ruled that money issues should be codified.

Mrs. Bobst added that Ms. Wollenzier had answered Council questions about the ordinance. She believes the issue is with implementation and that is up to the Administration. Council's charge is to be watchful of the budget to see the impact of legislation.

Mr. Hurtuk will also speak to Mr. Gollinger.

Mr. Hagan asked about employees under contract and exempt/non-exempt employees. Mayor Knoble explained that these policies apply to non-union City Hall employees. The handbook will always state that a union contract takes precedence.

Ordinances No. 84-05, 85-05, 86-05 and 87-05: These ordinances, establishing drive-through service businesses, will be part of the Committee discussion on June 28. They have had a first reading. Mr. Potterfield asked members to consider the distances allowable in Section (4) Vehicle Stacking of Ordinance 87-04. He would like to increase the residential distance cited, 35' of any residential lot line. This would provide more buffering and privacy for residential lots. He reminded members that even if it is codified in that form, the BZA has the power to allow changes in case of hardship. Mr. Hurtuk commented that Mr. Matty indicated that requirements should be consistent across the board.

MISCELLANEOUS BUSINESS:

Fire/EMS Central Command: Mayor Knoble observed that this topic has been under discussion by the Council of Governments (COG) for some time. When the St. John-Westshore Emergency Room was renovated, Fred DeGrandis and Mayor Clough formed a plan to add an extra room which could house a fire/EMS Central Command to dispatch vehicles from and to any participating suburb.

The Mayor then explained how Rocky River's system works: all 911 calls come to the Fire Department. Those that require the police are transferred. One fire fighter is stationed in the watch tower answering calls in rotating two-hour shifts. If all units are out answering calls, calls are transferred to the Police Department which is responsible for meeting emergencies by calling an ambulance from another city or a fire truck through a mutual aid agreement. Each city has a different system.

The idea is to bring the cities together with a group of highly trained dispatchers and a master control electronic panel which locates every ambulance and fire truck in the entire district. It can then dispatch the closest vehicle. Dispatchers would also be trained to use a computer manual to give life-sustaining voice assistance until vehicles arrive. This is training that our fire fighters do not have.

At this point, the room is complete and vacant. The COG has gone to bid for the equipment and bids have been reviewed by a consultant. The Finance Director of Bay Village has reviewed costs and proposed how it might be apportioned. The Bay Village Mayor has also written to Mr. DeGrandis, now with Cleveland Clinic, to request that the Clinic underwrite the cost of the equipment. If this were to be possible, the only cost would be staffing the center. Both North Olmsted and Lakewood, in spite of having combined police and fire dispatch, might be interested, as well as several western Lorain County communities. Information may be updated this Thursday when the COG has another meeting. The Mayor feels that there are benefits to our residents from this system, and he will stay involved in the process. This is the first step in a cost-efficient means of rendering vital EMS and fire services. It could improve service for residents without adding materially to the cost.

• •Mrs. Bartolozzi asked who would hire and supervise the employees to staff the center. Mayor Knoble responded that they would be employees of the City of Westlake, much as WWTP and Court personnel are Rocky River employees.
• •Mrs. Bobst recalled that originally, grants and outside funding were to be investigated, particularly under the Office of Homeland Security. The Mayor said that those inquiries are continuing.
• •Mrs. Bobst asked if there are drawbacks. The Mayor said none had been brought out and that, interestingly, the Fire Chiefs have unanimously come out in favor of the plan.
  
  
  
  

Recreation Facilities Preliminary Design: Mrs. Bobst noted that a power point presentation from the May 25 meeting has been distributed to Council members.

This allows Council to proceed to the next step with a joint meeting of the Parks and Recreation Committee and the Finance Committee scheduled for June 16 at 4:00 p.m.

• •A short presentation will be made by the Recreation Facilities Task Force and City Architecture on the preliminary design.
• •Decisions will need to be made as to which portions, if any, Council will support to go forward to the ballot. Financial issues must also be decided.
  
  

Mr. Matty spoke to Harold Babbitt of Calfee, Halter, our bond counsel, who explained the two-step process:

• •The total dollar amount for expansion of the Civic Center and renovation of the ice rink must be determined. An ordinance will be passed, and that legislation will be submitted to the County Auditor.
• •The Auditor will determine the millage necessary to fund the dollar amount. Another ordinance, the actual ballot issue with the correct millage, can then be prepared and passed to place the issue on the ballot.
  
  

Mr. Potterfield asked for the Administration's position on this project. Mayor Knoble explained that the task force was formed because of the many resident requests for more recreation facilities. He intentionally stayed away from their meeting because he did not want to influence their discussions or have the results viewed as "his plan". Now, having seen the results of their deliberations, he is in favor of it because he feels it fits into the community well and offers services desired by residents. His main question is whether to combine repairs for the ice rink with the total package. In terms of this project, he favors going to voters; it must be a levy to fund bonds.

Mr. Potterfield observed that with other capital projects, the City might be looking at bonds for $20 million. In answer, it was pointed out that this project would be supported by a levy. The Task Force is making recommendations, not the Administration.

Mrs. Bobst added that between the first and second meetings, all resident comments were considered and many changes were made. She commented that the decision now being made is not an individual one in favor or opposed to the project, but as a Council, whether or not the issue should be brought to the ballot and with what scope of project.

Mr. Potterfield respectfully disagreed, pointing out that when looking at the project to see how much will be included, there is a larger consideration than only placing it on the ballot. Further, Mr. Potterfield indicated that this amount of spending on multiple projects might be excessive; he suggested holding off until the projects could be done in a more sequential manner.

Mrs. Bobst responded that this is an issue that has momentum and importance to residents. She feels it should be placed on the ballot for their decision.

Mr. Hurtuk pointed out that, unlike Charter Review, there is no mandate to place this issue on the ballot. He noted that with $7.6 million in long-term debt already probable, this levy would require the participation of all residents. He commended the Mayor for doing this in the right way over the past 15 months.

Mr. Potterfield indicated that he had received four resident letters:

James and Phyllis DiFiore, 1 South Hampton Court, expressing opposition to the proposed Civic Center expansion (Exhibit "A").

Bill Harding, 35 S. Hampton Parkway, expressing opposition to the proposed Civic Center expansion (Exhibit "B").

Two letters from Al Russell, 2695 Devon Hill, concerning a sound barrier for the pool (Exhibit "C"), and pool parties and other suggestions (Exhibit "D").

In another matter of Miscellaneous Business, Mr. Potterfield mentioned that Mr. Lesiecki, the City Engineer, had obtained sewer tie-in rates from Solon. He recommended, if Council members concurred, that the Law Director be requested to draft a similar ordinance for discussion by the Planning and Zoning Committee at its meeting on June 28. As no objections were registered, Mrs. Bobst concluded that Mr. Matty will be requested to draft such an ordinance.

Finally, Mrs. Bobst raised the question of charging for police and fire nuisance calls, a topic raised in the Plain Dealer recently. She indicated that she would be interested in seeing the legislation implemented by the City of Shaker Heights. She observed that in order to institute charges, a system for tracking calls is necessary. The Mayor noted that such tracking is part of the Police Department's new computer system. Mrs. Bobst then requested information on the number and type of nuisance calls received by the Police Department. The Mayor will forward the information to Council members.

• •Mrs. Bartolozzi wondered about the possibility of the Lakewood Police Department, if it were to implement such laws, charging Rocky River residents who call repeatedly about noise from the dog park. Mr. Hurtuk said that our residents have shown great restraint, and secondly, the dog owner would be at fault.

Since the dog park was raised, Mrs. Bobst indicated that following the sending of the resolution, she and the Mayor had met informally with a Lakewood councilman, Ryan Demro, who is committed to working on this issue. He understands residents' concerns and hopes for a peaceful resolution. Mr. Hurtuk added that Lakewood had sent someone with a noise meter to a home on High Parkway.

COMMITTEE REPORTS:

Finance Committee: Mr. Hurtuk requested a meeting date in July for the beginning of budget discussions for 2005. It was decided that the committee will meet with the Administration on July 19 at 6:30 p.m. in the Committee Room.

NEW BUSINESS:

Ordinance No. 89-04: Mrs. Bartolozzi explained that a steer loader was a piece of equipment used to clean up the beaches and remove logs and driftwood. This item has been on the "wish list" for 20 years because it would make a job now done manually much easier. It is multi-purpose and can also be used for other activities throughout the year. Because it has recently become available under the State Cooperative Purchasing Act, the City will save approximately $13,000 on its list price which makes it possible to consider. Also included in the price is a grappling bucket, tracks, and forklifts. This will be on the Consent Agenda.

Ordinance No. 90-04: This ordinance authorizes the Mayor to appoint the Police Chief and Fire Chief. The Mayor explained that in his 32 years of involvement with city government, he has consistently recommended that the Mayor have the right to appoint chiefs.

Under the current system, the chief must be selected from officers currently serving in the departments, and that is a very limited field. To be an effective chief, a person must not only know the elements of fire or crime fighting, but he or she must also possess leadership abilities.

In the last appointment of Fire Chief, for instance, no captains chose to take the examination administered by the Civil Service Commission. That narrowed the choice to one of three lieutenants. If the choice were open, a wider choice of qualified fire or police chiefs would be available. The Mayor pointed out that there are tests which judge an applicant's ability to lead. The Mayor acknowledged that most communities are similar to our existing system with the exception of Cleveland and perhaps a dozen more which have some form of selection other than Civil Service.

The Mayor feels this is an issue which should be put to the voters and he intends to campaign for it. The fire fighters will probably campaign against it, but he feels the voters should have the opportunity to choose.

Mr. Linden added that he supports the Mayor on this issue. Without a wide choice, he feels the public could be shortchanged.

Mr. Potterfield asked if either chief had been advised of the Mayor's thinking. Mayor Knoble mentioned that at the last Charter Review Commission, he reiterated his position which has been consistent.

Resolution No. 91-04: Before discussion of this ordinance which updates Cox Communications' Public Educational and Government access guidelines and handbooks, Mr. Hurtuk asked Mr. Sokol not to talk or pass notes which he found disruptive. Mr. Hagan continued by explaining that this update had been forwarded via Mr. Matty who asked that it be considered for approval. Mrs. Bobst, however, indicated that Mr. Matty will have further comments, and that Cox is interested in a system-wide standard approach. This will have a first reading next Monday.

Ordinance No. 92-04: This housekeeping ordinance updates salary and hourly compensation. Mrs. Bobst indicated that the only change was the inclusion of salary for the temporary finance director. This will allow for a smooth transition for the new position.

COMMUNICATIONS AND ANNOUNCEMENTS:

The Working Group on Animal Control Laws will meet tomorrow at 7:00 p.m. in the Committee Room.

The Beautification Committee will also meet tomorrow at 7:00 p.m. at the Civic Center to discuss the Rocky River Beautification awards, signage, Hilliard updates, and a heritage tree.

As there was no further business by members of Council, the meeting was adjourned at 9:20 p.m.

_____________________________ _____________________________

Pamela E. Bobst Misao Kurokawa

President of Council Clerk of Council

Please note: This is a draft copy of the minutes meeting of the Committee-of-the-Whole of June 10, 2004. These minutes may be amended or revised at the next Legislative Meeting.