DRAFT
CITY OF ROCKY RIVER
JULY 6, 2004
The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 8:41 p.m.
Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mr. Hagan, Mrs. Bobst
Absent: Mrs. Bartolozzi
Administration: Mayor Knoble, Mr. Linden, Mr. Thomas, Mr. Lesiecki, Mr. Patterson
Law Director: Mr. Matty
Press: Mrs. McKenzie
The meeting was opened with the Pledge of Allegiance.
MAYOR'S REPORT:
Mayor Knoble reported that he had been delayed because of his participation in the memorial service for his fellow Rotarian, Ken Norton. Mr. Norton, a Lakewood resident, had also been active in charitable and civic affairs here in Rocky River.
Director Carole Calladine, our Director of Senior Services, has been appointed to serve on the Board of the Ohio Association of Senior Centers. This will give us good exposure as well as information on events across the state.
The Mayor was a passenger with the Marine Patrol on Lake Erie. The trip was exciting because of the high waves. Council members are invited to become acquainted with the work of the Patrol. Arrangements may be made through Mr. Linden who is working with Sgt. Gulas.
The Parks and Recreation Foundation-sponsored Hole-In-One contest will begin this Wednesday. For four days, golfers may try their luck at the High School baseball field. The Mayor reminded everyone to use the parking lot off Wagar Road. The first round is 105 yards, with 5 swings for $5 and a chance to advance to the second and third rounds.
Fire Chief Flynn has been notified by the Ohio Emergency Management Agency that funds are available for cities that experienced storm damage. Chief Flynn will apply for $2500 for costs incurred by the City in the Yacht Club Basin.
Chief Flynn has also notified the Mayor that six defibrillators have been delivered. Two will be in the Police Department, two in Recreation, one at the Civic Center, and one at the Senior Center.
Ongoing training for staff members will be conducted through Fairview Hospital.
The Mayor commented that the City was required to submit plans for the new aquatic center to the State for plan review. The fee for this review is $3900.
UNFINISHED BUSINESS:
Ordinances No. 84-05, 85-05, 86-05 and 87-05: These ordinances establish drive-through service businesses. Mr. Potterfield commented that minutes to the last committee meeting had been distributed. Mr. Hurtuk added that the committee had been waiting for the return of Mr. Gollinger whose ward may be impacted by this legislation, so that his comments could be considered. Committee members will follow up with Mr. Gollinger and a report will be made at next week's meeting. Mr. Hurtuk explained that this is not a Walgreens issue, but on the advice of the Law Director, the issue should now be addressed.
Ordinance No. 90-04: This ballot issue would allow voters to decide if the Mayor should appoint chiefs for the Fire and Police Departments. Mayor Knoble indicated he was surprised at the personal attacks directed at him in correspondence submitted at the last meeting by members of the City's Fire Department. He reiterated that his stance is based upon issues and noted that the letters had contained half-truths and non-truths. He will continue to gather information and repeated that this issue is about leadership and nothing else. Mr. Frost asked if the current chiefs would be affected by this legislation. The answer was that they would not.
Resolution No. 91-04: Mr. Hagan explained that this resolution has been referred to the Contracts Committee and is scheduled for discussion with a representative of Cox Cable on July 26. Mr. Matty indicated that an amendment is in the process of being drafted. Since this is not a unilateral decision and must be agreed upon by all 10 communities served by Cox, the current amendment, called for by Parma must be discussed and an agreement reached before ratification by Council. Mr. Matty does not believe that this amendment will be received before July 26, so Mr. Hagan concluded that this will be removed from the agenda of that meeting, to be held until the amendment is received.
Ordinance No. 97-04: Mrs. Bobst indicated that this ordinance provides for Council's traditional recess in August. She reiterated that, to the extent that travel does not take Council members from the area, Council can convene, if necessary.
Ordinance No. 98-04: Mr. Hurtuk mentioned that the attachment has been received from the Finance Director, but that he has not yet had an opportunity to review it. Mr. Thomas indicated that the budget was due on July 20, so the ordinance will be considered next week.
Ordinance No. 101-04: This ordinance on the sale of municipal property came out of committee with a recommendation and will be again considered by the Contracts Committee on July 26. A report will be made to Council following that meeting.
MISCELLANEOUS BUSINESS:
Satellite Dishes: This matter is on the agenda because of complaints about a house on Westmore Road which has four dishes mounted on the front of the house. The Code does not stipulate location of dishes. Council members will review Chapter 1141.04 before the next discussion.
Recreation Facilities Proposed Improvements and Related Ballot Issue and Financing Options for the Improvements and Expansion to Recreation Facilities: After receiving input from the Recreation Facilities Task Force, the questions now facing Council are whether or not to forward the issue to the ballot, what will be included, and how the financing will be structured.
Mr. Hurtuk commended the Mayor for putting together the Task Force whose recommendations and plan of action were now under consideration. To Mr. Hurtuk, the question of "what if" is important: what if estimates of revenue are low and costs of operation are not met. He knows that the figures are conservative, but he asked the Mayor what revenue could cover any shortfall.
Mr. Hurtuk expressed concern about placing the issue on the ballot without an operating component. If estimates in the future should not hold up, the City could experience difficulties.
Mrs. Bobst noted that Mr. Hagan had shared similar ideas. She thought the plan is very well thought out, has had much community participation, and has momentum. However, she realizes that it is not only the building, but operating costs which must be considered. She pointed out that the figures given are conservative, but if it goes to the ballot, it must be made clear to voters that operating costs of $577,000 are not covered by the ballot issue and would have to be assumed by the City should revenues not live up to the projected $600,000 level. Because the budget is tight, she asked what programs would have to be sacrificed. It is easy to place the issue on the ballot, but making sure that residents know about operating costs must be addressed. Another question is whether to separate the ice rink expenses.
Mr. Gollinger referred to Mr. Hagan's explanations of "needs" v. "wants". He noted that everyone admired the efforts of the Task Force and the plan they designed. He feels that as Council members, their charge is the best interests of the entire city. There are a number of items in dire need of attention which have been hanging for a number of years and need to be addressed. Rocky River has a very good recreation program. Council has recently committed to renovation of the outdoor pool and payments to assist the high school field. These expenses add up and the City must be sure it has enough for necessary expenditures. We already have an asset in the ice rink and we need to do whatever is necessary to update it so that it does not suffer further deterioration. He suggested the possibility of deferring the expansion until some assessments can be made and the City's situation is clearer. After an initial enthusiasm, memberships could wane. He noted that he received very little resident input until newspaper reports made it seem imminent and then the response was negative. He believes the project should be deferred.
Mr. Potterfield indicated that he was looking at a variety of viewpoints, but he pointed out that the City's budget is not balanced this year. The combination of capital projects and the rollover of a former debt could mean the City would be $10 million in debt, which is a large amount of money. As yet, the revenue base has not improved. He said that with this debt service and inflation, he does not believe it is financially prudent to pursue this project now, but perhaps in a year or two, timing would be better. He has not received comments showing wide-based support for the project.
Mr. Frost asserted that he intends to vote in favor of placing the issue before the voters. He has heard quite a large number of comments, mostly oral, as he meets residents in the course of his daily activities, and most are positive. He thinks the project is most worthwhile and that voters should decide. Hearing about uncertain numbers, he emphasized that in our City, numbers are always conservative, with revenues estimated low and expenditures high. If it were to pass, it could continue to expand and improve programs. Most important, citizens would have the opportunity to be heard. He believes it is time to contemplate moving forward.
Mr. Hagan asked members of the Task Force not to take comments by Council personally. Several weeks ago, he observed that he had asked "why" and "why now". In the near future, the Master Plan will be before several citizens' groups. For years to come, there will be a long wish list for citizens that can have a large financial impact. With the Recreation Department's outdoor pool, it was a question of either repair or replacement. Council looked at recommendations and chose to replace. The ice rink also needs work. Rocky River has one of the best recreation programs in the area, but we also have aging streets, sewers and housing stock. Council has discussed hiring additional inspectors but how can that be financed? Residents are tired of taxes. Also the commercial impact has not been studied. He would like to see true democracy, by having the people decide, but decisions must be made by an educated public. If we had the same type of task force for storm sewers and streets, would more projects be done? He wants the best for Rocky River, and he is concerned about other areas as well as recreation. Funds have been taken from some programs, and he would like to see them restored.
Mrs. Bobst stated that a decision must be made whether or not to draft legislation. She acknowledged that this is not an issue of fire, police or sewers, but an issue of quality of life and enjoyment of rec programs. The Task Force did deliberate, asked residents, users, and even commissioned a survey; some view this as a want, others a need. She stated that she could support placement on the ballot, but we must publicize realistic, up-front facts and figures with residents. With information available, residents can educate themselves.
Mr. Matty interjected that procedurally, more must be decided than whether or not to place the issue on the ballot. With property tax or an income tax increase, time is waning. He needs consensus so that the ballot deadline of August 19 can be met if the project is to go to the ballot. With a property tax, two ordinances must be passed in succession.
Mr. Hurtuk concluded that it is important for the ordinance to be drafted. With legislation comes an opportunity for the public to participate. He suggested that an ordinance be drafted with funding to come from property taxes. With income taxes, he acknowledged that with increasing costs of running a city, the day will come when the tax will have to be raised in spite of all the hard work that has kept the increase from being necessary yet. For this issue, he feels that a property tax would be the more prudent way to proceed.
Mrs. Bobst stated that with a property tax, two steps are necessary: an ordinance with a final dollar amount must be passed and submitted to the County which determines the millage for the ballot. Then another ordinance with the correct millage must be passed. She has received some information on property tax and sees the problem of those who live and work in the City who will pay a higher cost. She agreed with Mr. Hurtuk that the property tax, recommended by the Task Force, would be the best course.
Mr. Gollinger prefers the income tax option because individuals working in the City would help to subsidize the project. Those of working age would be younger and more likely to use the facility.
Mr. Hurtuk asked if the Mayor had a dollar amount for the ice rink items he feels should be removed from the ballot issue. The Mayor responded that he does not believe that any part of the work on the ice rink should be included.
Mr. Hurtuk recommended that an ordinance be drafted to place the issue on the ballot with an amount not to exceed $8.4 million. He remarked that his recommendation did not necessarily mean that he would support the ordinance, but he feels Council needs to bring it forward for a decision and encourage input from residents.
COMMITTEE REPORTS:
Finance Committee: Mr. Hurtuk reported that Council members had heard from Harold Babbitt last week concerning negotiated vs. competitive bidding for the City's bonding needs. With a $7 million bond for current capital expenditures and approximately $3 million for refinancing, Mr. Babbitt recommended negotiated bond issue, and there were no objections from members of Council. Mr. Hurtuk also mentioned that he would like to know the savings figure for the refinancing of the $3 million.
The practicality of the Finance Committee meeting scheduled for July 19 was also in question, and Mr. Hurtuk indicated the possibility that it should be pushed back to early September. Mayor Knoble explained that only preliminary figures could be provided at this time of the year. Mr. Hurtuk also mentioned that with a new Finance Director, it might be wiser to postpone the meeting until Mr. Thomas is able to fully participate. It will be rescheduled for September when matters will be better defined.
Safety Committee: Mr. Frost mentioned the meeting of the Working Group on Animal Control Laws which is scheduled for July 21 at 7:00 p.m. in the Committee Room. On the agenda will be dangerous/vicious dogs, electronic pet containment systems, and public awareness/enforcement.
Friday, July 30 will be Fire Safety Awareness Day to be held at the Senior Center. There will be many activities including information on defibrillators.
Mr. Gollinger requested that July 19 be reserved for a guest speaker on recycling during a meeting of the Environmental Committee.
NEW BUSINESS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS:
The Mayor announced that the recycling bin on the Wagar Road side of City Hall is primarily for of City Hall wastepaper, but residents may use it also.
The newsletter has been mailed out. An error has been detected in the date of the first of the 2004 Summer Concert Series which should be Sunday, July 18 instead of July 19.
MISCELLANEOUS BUSINESS: NONE
As there was no further business by members of Council, the meeting was adjourned at
10:05 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
July 6, 2004. These minutes may be amended or revised at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
JULY 6, 2004
The Special 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,
Mr. Hagan, Mrs. Bobst
Absent: Mrs. Bartolozzi
Administration: Mayor Knoble, Mr. Linden, Mr. Thomas, Mr. Lesiecki, Mr. Patterson
Law Director: Mr. Matty
Press: Mrs. McKenzie
AUDIENCE PARTICIPATION: NONE
Mrs. Bobst removed Resolution 107-04 from the Consent Agenda so that it could be read as the first order of business.
RESOLUTION NO. 107-04 BY MAYOR KNOBLE, LAW DIRECTOR MATTY AND ALL MEMBERS OF COUNCIL
A RESOLUTION COMMEMORATING THE SERVICE OF SUSAN E. WOLLENZIER, DIRECTOR OF FINANCE OF THE CITY OF ROCKY RIVER
1ST READING
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the rule requiring that Resolution No. 107-04 be read on three separate days be suspended, and that Resolution No. 107-04 be placed upon its passage:
Discussion: Each of the present Council members praised Ms. Wollenzier's work and thanked her for her many years of service to the City as did a former Councilmember, W.B. Smith.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mr. Potterfield, that Resolution No. 107-04 be passed as read:
Discussion: Ms. Wollenzier said that she will miss all the people she has encountered over the years.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 93-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH BRANDSTETTER CARROLL ZOFCIN, INC. FOR CONTRACT ADMINISTRATION SERVICES DURING CONSTRUCTION OF THE ROCKY RIVER FAMILY AQUATIC CENTER AT A COST NOT TO EXCEED $33,128.00
3RD READING
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that Ordinance No.93-04 be passed as read:
Discussion: Mr. Hagan noted that this ordinance has had three readings and been discussed at the Committee-of-the-Whole. Because a previous ordinance was passed, this contract administration was necessary.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 99-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT A PROPOSAL FOR A STREET TREE INVENTORY AND MANAGEMENT PLAN FROM ACRT OF CUYAHOGA FALLS, OHIO AT A COST NOT TO EXCEED $18,070.00, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
2ND READING
Moved by Mr. Gollinger, seconded by Mr. Potterfield, that the rule requiring that Ordinance No.99-04 be read on three separate days be suspended, and that Ordinance No. 99-04 be placed upon its passage:
Discussion: This was also discussed at Council's previous meeting. It has been recommended by the Beautification Committee, and there is no reason to delay.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Gollinger, seconded by Mr. Potterfield, that Ordinance No. 99-04 be passed as read:
Discussion: One aim of the Beautification Committee has been an inventory/management plan for the City's trees from a professional perspective. This provider would work with the forester and the Beautification Committee. The project should proceed because good weather is an essential. Mrs. Bobst noted that as part of the contract, software will be provided which can be updated to keep the inventory current. This project has been funded by monies set aside for the Beautification Committee.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 100-04 BY EARL W. POTTERFIELD
AN ORDINANCE AMENDING SECTION 914.15 ENTITLED CHARGES AND RATES BY ADDING SUB-SECTION (e) CONCERNING AN INITIAL TAP-IN CHARGE FOR CONNECTION TO THE CITY SANITARY SEWER SYSTEM AND DECLARING AN EMERGENCY
2ND READING
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that the rule requiring that Ordinance No.100-04 be read on three separate days be suspended, and that Ordinance No. 100-04 be placed upon its passage:
Discussion: Mr. Potterfield indicated that this ordinance had been reported out of Committee with a unanimous recommendation. Because it is a revenue source, it should be implemented as quickly as possible. Currently there is no sewer tap-in charge.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Ordinance No.100-04 be passed as read:
Discussion: Charges for this service have been discussed for the better part of a year. Input has been received by the Building Department and the City Engineer. This ordinance is based upon that currently in force in Solon and is designed to cover the City's cost and part of future WWTP costs. Mr. Potterfield thanked the Law Director for his part in preparing the ordinance.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 105-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE CERTIFICATION OF CERTAIN ACCOUNTS RELATIVE TO THE IMPROVEMENTS TO PLYMOUTH ROAD IN THE CITY OF ROCKY RIVER, OHIO, TO THE COUNTY AUDITOR FOR COLLECTION, IN ACCORDANCE WITH LAW
2ND READING
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the rule requiring that Ordinance No. 105-04 be read on three separate days be suspended, and that Ordinance No. 105-04 be placed upon its passage:
Discussion: This is an annual ordinance which sends assessment amounts for a special project to the County Auditor for collection. It should not be delayed.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that Ordinance No. 105-04 be passed as read:
Discussion: See above.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Ordinances and Resolutions Under Consent:
ORDINANCE NO. 94-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING ADDITIONAL SERVICES ALREADY PERFORMED BY GGJ, INC. RELATIVE TO THE DESIGN OF SEWER IMPROVEMENTS ON TONAWANDA DRIVE AND POCONO DRIVE IN AN AMOUNT NOT TO EXCEED $12, 089.75
3RD READING
A summary memo from the City Engineer explained that because of added work, added services were required of this provider.
ORDINANCE NO. 95-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2004
3RD READING
The Finance Director has commented on the changes which are typical and not out of the ordinary.
ORDINANCE NO. 96-04 BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY SERVICE TO PURCHASE JANITORIAL SUPPLIES FOR THE CITY OF ROCKY RIVER AT A COST NOT TO EXCEED $18,000.00 PER ANNUM FOR A TWO (2) YEAR PERIOD FROM CORPORATE EXPRESS
This ordinance will place all janitorial supplies with one vendor, saving money and streamlining the process.
ORDINANCE NO. 102-04 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE TWO (2) HUSTLER SUPER "Z" ZERO TURN MOWERS WITH 60 INCH FREE FLOATING DECKS AND ONE (1) HUSTLER SUPER "Z" ZERO TURN MOWER WITH A 72 INCH FREE FLOATING DECK FOR THE ROCKY RIVER SERVICE DEPARTMENT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM BAKER VEHICLE SYSTEMS AT A TOTAL COST NOT TO EXCEED $14,990.00
2ND READING
Mr. Linden once more commented that the need is urgent and the grass is growing.
ORDINANCE NO. 103-04 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE PERSONAL COMPUTERS FOR THE ROCKY RIVER MUNICIPAL COURT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM DELL COMPUTER AT A TOTAL COST NOT TO EXCEED $26,100.48
2ND READING
Discussed at last week's meeting, a memo from Mr. Bracken explained the equipment and the need. Mrs. Bobst noted that Mrs. Bartolozzi heard the discussion last week and had no objection to moving ahead.
ORDINANCE NO. 104-04 BY BRIAN A. HURTUK
AN ORDINANCE AUTHORIZING THE CERTIFICATION OF DELINQUENT SEWER ACCOUNTS TO THE COUNTY AUDITOR FOR COLLECTION, IN ACCORDANCE WITH LAW
2ND READING
This ordinance also was discussed. These outstanding bills will be on the tax bills. Responding to a question from Mr. Gollinger, Mr. Thomas indicated that the bills are due at the Auditor's office on September 13, and that another notice will be sent to allow these persons to pay before that.
ORDINANCE NO. 106-04 BY PAMELA E. BOBST
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"
2ND READING
These increases have been approved by the Parks and Recreation Commission. It has become necessary to increase fees because league fees are rising.
Moved by Mrs. Bobst, seconded by Mr. Frost and Mr. Hurtuk, that the rule requiring that Ordinances No. 94-04, 95-04, 96-04, 102-04, 103-04, 104-04, and 106-04 read on three separate days be suspended, and that those Ordinances be placed upon their passage:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the above ordinances be passed as read:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
As there was no further business, the meeting was adjourned at 8:40 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 Special Meeting of July 6, 2004. These minutes may be amended or revised at the next Legislative Meeting.