CITY OF ROCKY RIVER
JUNE 25, 2007
The regular meeting of Council was called to order by Mr. Hagan, President of Council, at 8:00 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
Law Director and Assistant Law Director: Mr. Bemer, Mr. O'Shea
Special Counsel: Mr. Matty
Press: Mr. Saylor
The meeting was opened with the Pledge of Allegiance.
MOTION:
Moved by Mr. Hagan, seconded by Mr. Long and Mr. Gollinger that, at the request of the Mayor, an Executive Session be held immediately following the meeting for a conference with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action under Article X, Section 6, Subsection (3) and to consider the purchase of property for public purposes under Article X, Section 6, Subsection (2) of the Charter.
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 the reading of the minutes of the Legislative Meeting of June 11 and the meeting of the Committee-of-the-Whole of June 18 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:
A call was received from St. Demetrios Church extending thanks to the City and the community for their support of the Greek Festival which began last Thursday and ran through the weekend. With perfect weather, it was one of the most successful events they have held, and there was no negative resident feedback regarding disturbances around the church.
Regarding Lakewood's dog park, at last Monday's Lakewood City Council meeting, there were several supporters of the park in attendance. At that meeting, Mayor George stressed the importance of being good neighbors and indicated that they have hired a part-time individual to monitor the dog park and provide enforcement for the posted no barking rules.
Senate Bill 117 passed in the House last week with the amendments as described at last week's meeting. The Mayor reviewed the highlights:
The four participating communities in the Central Dispatch Center voted last week on a recommendation to include North Ridgeville. No additional cost to the operation of the center will be incurred because of the existing capacity, but there will be a requirement for North Ridgeville to contribute to the fund as did each of the participating communities. The cost of operation will then be shared among all participating communities. Further information will be forthcoming as the councils of the four cities must approve the inclusion of North Ridgeville.
A few calls have been received regarding tree lawn rubbish. The Mayor asked residents not to place any rubbish on the tree lawn until the morning of pickup, or at the earliest, the night before. There have been recent situations where yard waste and rubbish have been placed on the weekend before pickup. During the summer months, with all the celebrations and activities, neighbors wish to enjoy the outdoors with their guests without the rubbish on neighborhood tree lawns. If the City is called by the resident who placed the refuse, a special pickup can be arranged as manpower permits, and there will be no charge. She requested, however, that residents refrain from placing their rubbish on tree lawns until the day of their normal pick up or that they call the City in advance for a special pickup.
The Mayor acknowledged the efforts of the Beachcliff Women's Club who today presented two checks totaling $1810 from a very successful "Feel Like a Millionaire" event. Half of the total, $905, will go to the emergency squad; the remainder will be shared by the Senior Center and Meals on Wheels. She expressed her appreciation on behalf of the City.
Last week, the Director of the Cuyahoga County Planning Commission, Paul Alsenas, and Ms. Claire Kilbane presented information about the proposed Avon interchange to the Westshore mayors. As many are aware, this interchange would be located between Crocker-Bassett Road and Route 83. NOACA is currently studying the interchange and has done the transportation-related studies. They are now looking at the economic impact, and have hired D.B. Hart, Inc. Planning & Development Consultants. A meeting has been requested with officials of NOACA and Mr. Hart of D.B. Hart to relay feelings about the economic impact of the new interchange.
The driveway and parking improvement project at Tri-City Park began today. Access off Westwood will be limited Monday through Friday during construction hours with fewer limitations on weekends. The project should be completed by the end of the third week in August.
"River Days" will be this weekend, Saturday, June 30 and Sunday July 1. There are many wonderful events planned by the City, Community Challenge, the Chamber of Commerce and other local civic organizations. Everyone in the community is invited to share in the fun. Mayor Bobst thanked WestLife represented by Ben Saylor at the meeting, and The Sun Herald for the inserts in both papers promoting this expanded event. Sunday evening's festivities will begin with the free "Pie In the Park" event and will end with a concert in Rocky River Park and fireworks at Bradstreet's Landing.
On Wednesday from 7:00 to 9:00 p.m., the Lake Road corridor public meeting will be held at the Don Umerley Civic Center. The Mayor encouraged all residents who have an interest in that project to attend.
A retirement reception honoring Superintendent of Schools Dr. Dennis Allen will be held Thursday beginning at 6:15 at the Board of Education offices.
Discussion: Regarding the Mayor's discussion of early placement of rubbish on the tree lawns, Mr. Long added that on weekends, he has noticed that residents sometimes place yard waste in the street. This could create a hazard for traffic, and he asked residents to keep everything on the tree lawn and not in the street.
LAW DIRECTOR'S REPORT:
The June report from Norfolk-Southern indicated that the average number of trains through the City was 4.1 per day with a high of seven and a number of days with two or three.
The All Aboard Ohio! group will meet this Wednesday, June 27 at 9:00 a.m. at the new Bay Village Police Department. Although Mr. Bemer can attend for only a short time, he will make City Council's position known. Any other member interested in attending should let him know.
Kudos are in order for the Police Department's Chief Donald Wagner and Detective Gus Carlson who accompanied Mr. Bemer to the April 19 hearing conducted by the Ohio Board of Liquor Control to hear objections to the new license granted to the BP station at 19400 Hilliard Blvd. The station was requesting a carryout license and Sunday permit. They were able to convince the hearing officer that the granting of the application would provide substantial interference with the public decency, sobriety, peace and good order of the neighborhood, due to the high volume of traffic on Hilliard and the high incidence of alcohol-related criminal offenses which have occurred there. The Law Director cautioned, however, that he anticipated an appeal of this decision to the Ohio Board of Liquor Control within 30 days.
Mr. Bemer then turned to Special Counsel David J. Matty, in attendance to discuss Ordinance No. 70-07.
Mr. Bemer added that this matter has been ongoing for well over four years and needed to be brought to a conclusion. He thanked Mr. Matty for his efforts.
Finally, Mr. Bemer reported on a matter discussed with the Building Department. He noted that it was common for BZA meetings to last 3 to 4 hours for summertime variance issues. In the past two weeks, he conferred with Building Commissioner Kevin Beirne to revamp the protocol for the BZA, beginning with making the process more user-friendly and providing more direction concerning the standards of variances which are only unnecessary hardship or practical difficulties. Information and suggestions for the applicants to meet those standards and applying a time limit of 15 minutes for presentation and an additional 15 minutes for protests or objections has streamlined the process. The first BZA meeting with those limitations was held two weeks ago and the four-hour meeting was reduced to slightly more than two hours. He anticipates that this process will be expedited and that the clearer direction given to the applicant will be helpful.
COMMITTEE REPORTS:
The Parks and Recreation Commission met last Wednesday and increases for program fees were approved for tai-chi, yoga and Pilates. Further, Councilman Gollinger had inquired about the limited track hours for seniors. Director Patterson felt that the Recreation Department would like to continue through the first year with the present hours already approved at $60 for the year. Mrs. Bartolozzi pointed out that there is also the opportunity to pay for six months with the snowbird rate in order to try it and see if it meets their needs. Also to be considered for seniors or those on a limited budget may be monthly or quarterly payments. For the time being, however, they will continue with the policy already passed.
Finance Committee: Mr. Hurtuk reported that the annual audit is being completed for the year ending 12/31/06. Earlier this evening the customary post-audit conference was held during which the auditors shared some official and unofficial observations. In the next few weeks, the complete report will become available and the information will be disseminated to Council.
COMMUNICATIONS AND ANNOUNCEMENTS: NONE
AUDIENCE PARTICIPATION: NONE
There were no requests from members of Council for changes to the Consent Agenda.
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 in writing pertaining to the issue of allowable traffic on the Norfolk-Southern tracks.
MOTION:
Moved by Mr. Gollinger, seconded by Mr. Long, that the amended exhibit for Ordinance No. 36-07 be accepted as presented with changes in Section (e) (1) and (2).
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
AMENDED 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"
2ND READING
Mr. Gollinger explained that this ordinance concerns signage on public property and addresses safety and esthetic issues. Noting that the ordinance has been pending for two months, he indicated that this draft is workable and in the absence of issues with the amended exhibit, he will move to refer the ordinance to the Planning Commission.
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"
2ND READING
This companion to Ordinance No. 36-07 and brings Section 1163.11 into line with the revised 1163.10. This will also be referred to the Planning Commission.
ORDINANCE NO. 67-07 BY THOMAS T. LONG
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE VEHICLE MAINTENANCE PARTS FOR THE CITY OF ROCKY RIVER FOR A TWO (2) YEAR PERIOD FROM LAKEFRONT AUTOMOTIVE PARTS, INC AT A COST NOT TO EXCEED $35,000 PER ANNUM
1ST READING
Mr. Long indicated that this ordinance will be discussed at the next meeting of the Committee-of-the-Whole; he will move for a vote at the next Legislative Meeting.
RESOLUTION NO. 68-07 BY THOMAS J. HUNT
AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR AND HER DESIGNEES TO ADOPT THE EMERALD ASH BORER MANAGEMENT PLAN FOR THE CITY OF ROCKY RIVER
1ST READING
Moved by Mr. Hunt, seconded by Mr. Gollinger, that the rule requiring that Resolution No. 68-07 be read on three separate days be suspended, and that Resolution No. 68-07 be placed upon its passage:
Discussion: Mr. Hunt noted that this resolution will allow the City to adopt the ODNR policy to address the infiltration of the Emerald Ash Borer. In his research, Mr. Hunt discovered that this beetle has killed in excess of 20 million trees in Michigan, Ohio and Indiana. As stated by the exhibit, the infestation is threatening Rocky River, so the sooner the plan is in place, the more readily the City's forester can handle the imminent infestation.
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. Gollinger, that Resolution No. 68-07 be passed as read:
Discussion: Mr. Hunt stated that the infestation has not yet hit Rocky River, but it is in Cuyahoga County. The forester will watch over some 175 ash trees that are on public property and at risk. It is hoped that pesticides will be able to save the trees. Responding to Mrs. Bartolozzi's question of the location of the ash trees on public property, Mr. Linden said that many are in Elmwood Park and some on tree lawns
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 69-07 BY THOMAS T. LONG
AN ORDINANCE AUTHORIZING THE MAYOR AND THE SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT AND PURCHASE EQUIPMENT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM AT&T GLOBAL SERVICES FOR AN UPGRADE TO THE EXISTING AT&T 9-1-1 EMERGENCY RESPONSE EQUIPMENT AT THE CITY OF ROCKY RIVER AT A COST NOT TO EXCEED $42,575.45
1ST READING
Mr. Long indicated that this ordinance will be discussed next week at the meeting of the Committee-of-the-Whole and that he will move for a vote at the next Legislative Meeting.
ORDINANCE NO. 70-07 BY MAYOR PAMELA E. BOBST
AN EMERGENCY ORDINANCE APPROVING THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS TO RESOLVE UNITED STATES DISTRICT COURT CASE NUMBER 1:07CV40 ENTITLED EDWARD PATRICK VS. CITY OF ROCKY RIVER, ET AL., AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO
1ST READING
Moved by Mr. Hagan, seconded by Mr. Gollinger and Mr. Long, that the rule requiring that Ordinance No. 70-07 be read on three separate days be suspended, and that Ordinance No. 70-07 be placed upon its passage:
Discussion: Mr. Hagan commented that, as stated by Mr. Matty, this long case can be brought to a close by the passage of this ordinance. It is a settlement of the matter between Mr. Patrick and the City of Rocky River without the expending of taxpayers' dollars, so there is no reason to delay 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. Gollinger and Mr. Long, that Ordinance No. 70-07 be passed as read:
Discussion: As previously stated, settlement of this matter will be accomplished without taxpayers' dollars. Mr. Hurtuk complimented Mr. Bemer on his work with Mr. Matty on several issues this past year.
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. 58-07 BY BRIAN A. HURTUK
AN ORDINANCE AUTHORIZING THE MAYOR TO ENGAGE THE OHIO AUDITOR OF STATE FOR PROFESSIONAL AUDIT SERVICES AT A COST NOT TO EXCEED $33,340 AND DECLARING AN EMERGENCY
2ND READING
As reported earlier, the annual audit is in the process of being concluded. This ordinance will compensate the state auditors for their work. Thanks to the efforts of Director Thomas, the cost has remained relatively unchanged.
ORDINANCE NO. 59-07 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE ADMINISTRATION TO PURCHASE AN ESTIMATED 4,500 TONS OF SALT FOR THE SERVICE DEPARTMENT UNDER THE STATE COOPERATIVE PURCHASING ACT, CONTRACT 18 FROM THE STATE-APPROVED VENDOR
2ND READING
Mr. Hagan commented that, as discussed last week, the price for this salt is very reasonable as it is being purchased under the State Cooperative Purchasing Act.
ORDINANCE NO. 60-07 BY JAMES W. MORAN
AN EMERGENCY ORDINANCE TO AMEND THE COMMERCIAL VEHICLE CODE SECTIONS OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, CONCERNING COMMERCIAL VEHICULAR TRAFFIC WITH NEEDED SAFETY AND REGULATORY CHANGES, BY AMENDING SECTIONS 339.01, 339.02, AND 339.99, BY ADDING NEW SECTIONS 339.15, 339.16, AND 339.17; AMENDING SECTIONS 341.01 AND 341.99, DELETING SECTION 341.03, AND ADDING SECTIONS 341.04, 341.05, AND 341.06; AND FURTHER DELETING SECTION 303.99(a)(8)
2ND READING
Mr. Moran noted that the changes to the commercial vehicle code have been reviewed by Council members. This ordinance will incorporate changes in the ORC as recommended by Chief Wagner, Safety-Service Director Linden, and Officer Hine. Not only will be Code be updated, but some of the fees collected will now remain with the City.
ORDINANCE NO. 61-07 BY THOMAS T. LONG
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) BONNELL BV-1050-S3 V-BOX SALT SPREADER FOR THE SERVICE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM CONCORD ROAD MFG., INC. AT A COST NOT TO EXCEED $14,417.06
2ND READING
This spreader is needed by the City crews to replace a 21-year old piece of equipment that has done a good job. The purchase funds have been approved in the budget.
ORDINANCE NO. 62-07 BY THOMAS T. LONG
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE JANITORIAL SUPPLIES FROM PARKER BROTHERS AT A COST NOT TO EXCEED $30,000
2ND READING
These cleaning and janitorial supplies are needed for the operation of the City by the various departments listed. The funds are have been allocated and will come from the various areas where the supplies are used.
ORDINANCE NO. 63-07 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE ESTABLISHING THAT ROCKY RIVER CITY COUNCIL SHALL RECESS DURING THE MONTH OF AUGUST IN 2007
2ND READING
Mr. Hagan noted that this is Council's traditional month in recess. Last August was very busy, and Mr. Hagan noted that if needed and Council members are in town, they will be available for special sessions.
RESOLUTION NO. 64-07 BY THE MAYOR, THE LAW DIRECTOR AND
ALL MEMBERS OF CITY COUNCIL
A RESOLUTION COMMEMORATING ROCKY RIVER SUPERINTENDENT OF SCHOOLS DENNIS L. ALLEN, ED.D.
1ST READING
As explained last week by the Mayor, this resolution recognizes Dr. Allen for his services and contributions to the school system and its students. It must be passed this evening so it can be presented to him on Thursday evening.
ORDINANCE NO. 65-07 BY THOMAS T. LONG
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2007 4045D JOHN DEERE / LEAF MASTER HCN LEAF MACHINE UNDER THE STATE COOPERATIVE PURCHASING ACT FROM DINKMAR, INC. AT A COST NOT TO EXCEED $25,965.00
1ST READING
This machine will replace a current machine that is now in excess of 34 or 35 years old and in need of replacement. The funds have been approved in the budget.
ORDINANCE NO. 66-07 BY JAMES W. MORAN
AN EMERGENCY ORDINANCE AMENDING CODIFIED ORDINANCE SECTION 141.01 TO ESTABLISH THE MAXIMUM AGE FOR ORIGINAL APPOINTMENT TO THE FIRE DEPARTMENT TO BE LESS THAN AGE THIRTY-SIX
1ST READING
Mr. Moran pointed out that this ordinance, recommended by the Civil Service Commission (CSC), will give the City the opportunity to bring the age limitation closer to state law and to enlarge the pool of qualified candidates from a maximum age of 31 to 36. Mr. Bemer noted that the primary purpose is to increase the resource pool. As mentioned, frequently individuals who secure a college degree and go into the military are already 31 and this would allow these individuals to be considered.
Moved by Mr. Hagan, seconded by Mr. Moran, that the rule requiring that the ordinances and resolutions of the Consent Agenda be read on three separate days be suspended, and that said ordinances and resolutions 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 Mrs. Bartolozzi, that the ordinances and resolutions 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
MISCELLANEOUS BUSINESS: NONE
AUDIENCE PARTICIPATION:
Lynne Hricik, 18740 High Parkway, wished to address the issue of the dog park. She noted that when she and her husband moved to High Parkway in 1988, they felt that part of the attraction of the neighborhood was the valley behind it. The view from the back yard was the beautiful park in a tranquil setting. This has changed since the dog park has moved in. The noise from the park, situated across the valley, comes directly into their back yards. Summer in Cleveland is short and they would like to use their back yard.
When they moved here in 1988, they had the beautiful and peaceful "best piece of Rocky River"; this has all changed now. When the park was built, they did not consider where the noise would go. It's annoying and affecting the residents of the street. Something must be done so they are not subjected to the constant noise.
Carol Buddie, 18540 High Parkway, commented that she has spoken to Council several times since the dog park has opened. Not only has she spoken to Council, but she has been involved with two petitions; she has called the police, the Law Director and Assistant Law Director of Lakewood; met with them, talked to the Animal Warden, called her Councilman often, called the Mayor, met with the Mayor, all to no avail. She said that she and her husband are tired and are constantly irritated by the barking. She said that a neighbor told her only two dogs were allowed per household, but she has 30 to 40 as her neighbors. Their house is 300' from the dog park, and it is not fair that they must listen to the dogs from 7:00 a.m. to 9:00 p.m. The park has become progressively busier, even worse in the past two weeks.
Because she had a visitor from out-of-town, Mrs. Buddie was in her kitchen last Thursday. Reading from a record she had kept during that day, she read of seven incidents during the first hour, from 8 a.m. to 9 a.m. and continued, citing several fights and barking many times per hour as she had recorded it. She noted that each incident is not just one bark, but noise that continues for a full minute or two. Her husband was unable to sleep during the day, although ill; her daughter finds it difficult to study, and she was embarrassed by the noise during a social event held in her yard. Volunteers or part-time monitors will not be enough. It is not fair to locate a dog park so close to a residence. She said she was very frustrated, trying to do what was asked of them, but she feels that Lakewood is coming up with one excuse after another to delay acting. She is asking for Council's protection from the noise.
Fred I. Sokol, 20021 Parkview, also spoke about the dog park. With two dogs himself, he said he understands the responsibility of keeping the dogs quiet. With the dog park in its present location, noise travels and affects people. He made a suggestion last year to a reporter at of a local newspaper about what Lakewood could do. If they kept it open and required soft muzzles, it would solve the problem. These are not like tight muzzles, but would allow the animal to open its mouth, drink and stay cool. This requirement might solve the problem.
Kevin Connors, 20061 Bonnie Bank, said that he has been thinking about the four senior members of Council who will not return next year. To have these four members leaving is a "hard pill to swallow". He addressed complimentary remarks to each of the four, adding that as they are moving on, he hopes they are moving on in the City.
As there was no further business by members of Council, the meeting was adjourned at 8: 57 p.m.
_____________________________ _______________________________
Brian F. Hagan Misao Kurokawa
President of Council Clerk of Council