CITY OF ROCKY RIVER
JULY 9, 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. 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 Mr. Moran, that the reading of the minutes of the Legislative Meeting and Executive Session of June 25 and the meeting of the Committee-of-the-Whole of July 2 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
*Abstained as to the vote on the minutes of July 2.
MAYOR'S REPORT:
This evening's 7:00 p.m. meeting with residents of Struhar, Jameston and Hilliard regarding improvements to the Rocky River Post Office property was well attended. Among proposed improvements are the addition of a fence, removal of several bushes and improvements to the parking lot. Resident suggestions for further improvements will be relayed to post office officials.
Regarding last week's discussion of the Lake Road Improvement Project, Nancy Lyons Stadler will join Council for a presentation regarding the purpose and needs of the project, the alternatives currently being considered and priorities for the project's scope. Tomorrow morning the Mayor will meet with key members of the Administration reviewing comments from last week's public meeting. Council will hear the updated information.
Director Patterson has invited members of Council for a tour of the expanded Don Umerley Civic Center on July 16 at 7:00 p.m. Members were asked to meet at the gymnasium.
Residents living near Cleveland Hopkins International Airport may notice changes in air traffic patterns because the airport's inboard runway will close for 90 days beginning July 19. Increased air traffic has already been experienced in some neighborhoods, but the closure is necessary for the installation of additional equipment which will improve safety and efficiency on the runway. Details will be posted on the City's website as they become available. The airport will also provide the most accurate and up-to-date information on its own website, clevelandairport.com. They have stated that their goal is to provide clear and useful information regarding their programs, policies and procedures related to noise. Also on the website will be several other reports and frequently asked questions.
An e-mail was received from the Chamber of Commerce noting that for the "Taste of River" held during River Days, 4066 tickets at $1 per ticket were redeemed. Businesses were very pleased at the traffic, both for the restaurants and the "Buy River" displays.
Attendance at the pool over the very warm weekend was 3400 persons. With continuing hot weather, attendance figures are expected to remain high.
The Hole-in-One fundraiser for the Parks and Recreation Foundation will begin Wednesday at 3:00 p.m. and continue through the weekend, culminating in a shootout on Sunday among those closest to the pin. The Mayor encouraged any golfers to participate in the contest whose prize is a car.
Information regarding the new video product of AT&T has been received. Included was a draft of a competitive video agreement between the City and AT&T which was expected in the wake of recent legislation passed by the state. Documents are being reviewed by the Law Director and will be forwarded to Council members.
Next week the Administration hopes to present two ordinances:
The new Homestead Exemption Act which will be signed by the governor will mean an additional $400 per year for qualifying seniors. New applications are due by October 1 and information as well as forms are available through the Senior Center.
Council members have received brochures from Cuyahoga County outlining four programs: home rehabilitation, housing loans for seniors, weatherization assistance and down payment assistance. Rocky River participates in the County's program, and information is often disseminated through the Building Department. Brochures are available, and the Mayor urged Council members who hear of residents who can benefit from the programs to refer them to City Hall.
LAW DIRECTOR'S REPORT:
Mr. Bemer indicated that he has received material from Mr. Gollinger regarding temporary business signs and will prepare legislation for consideration next week.
As indicated by the Mayor, information has been received from AT&T, and the Law Director asserted the importance of reviewing their proposed agreement in view of potential right-of-way legislation. That will be discussed through the Building Department when Commission Beirne returns.
The Senior Services Department is being added to the Code by ordinance on this evening's agenda. As the Law Director indicated last week, the Recreation Department remains to be added because the Charter mentions the director and the Parks and Recreation Commission, but there is no Recreation Department in the Charter or Code.
Mr. Bemer praised the Human Resources Director, Sue Whitman, who has undertaken the daunting task of comparing background checks for future employees. That is being discussed with the Administration, including the Mayor and the Police Department. Officer George Lichman has been instrumental in providing background information.
Tomorrow evening at 5:00, Mr. Bemer will attend a joint session of the Westshore Civil Service Commission (CSC) chairmen in the David J. Cook Council Chambers. Over the last 18 months, Rocky River had made significant changes to CSC rules and regulations. According to Mrs. Whitman, it will be used as a model for other communities. Also being considered is combining efforts of some Westhshore communities in providing candidates for appointment in the future.
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS: NONE
There were no requests from members of Council for changes to the Consent Agenda.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview Avenue, asked about Ordinance No. 75-07 which transfers $2.3 million from the Permanent Improvement Fund to the General Fund. His question concerned the reasons for the transfer.
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 explained that the City is still waiting for information from the railroad, so the resolution will continue on hold.
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"
This ordinance concerns signage on public property and addresses safety and esthetic issues. Mr. Gollinger noted that this ordinance has been read and forwarded to the Planning Commission for review at their next 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 and brings Section 1163.11 into line with the revised 1163.10. As with Amended Ordinance No. 36-07, it has been referred to the Planning Commission.
RESOLUTION NO. 72-07 BY BRIAN A. HURTUK
AN EMERGENCY RESOLUTION ACCEPTING THE ALTERNATIVE TAX BUDGET INFORMATION OF THE CITY OF ROCKY RIVER, OHIO FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2008
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that the rule requiring that Resolution No. 72-07 be read on three separate days be suspended, and that Resolution No. 72-07 be placed upon its passage:
Discussion: Mr. Hurtuk explained that this resolution is the first step for compilation of next year's budget. This document must be filed by the end of July. There is no detail on the budget, but it is a part of the process required.
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 Resolution No. 72-07 be passed as read:
Discussion: See discussion above.
Vote: Gollinger - aye Moran - aye Hunt - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 73-07 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A TWO (2) YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CUYAHOGA SOIL AND WATER CONSERVATION DISTRICT AND THE CITY OF ROCKY RIVER, ATTACHED HERETO AS EXHIBIT "A"
1ST READING
Mr. Hunt indicated that this ordinance will be held for discussion at next week's meeting of the Committee-of-the-Whole.
ORDINANCE NO. 74-07 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE REPEALING ORDINANCE 60-06, AND AUTHORIZING THE TRANSFER OF $2,300,000.00 FROM THE GENERAL FUND BACK INTO THE PERMANENT IMPROVEMENT FUND
1ST READING
Mr. Hurtuk explained that he would like to have both Ordinance No. 74-07 and Ordinance No. 75-07 read for the first time. He will then ask the Law Director and the Finance Director to comment on these ordinances. He said that he would not move for passage of either ordinance this evening, (See discussion below)
ORDINANCE NO. 75-07 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE DECLARING THE NECESSITY OF A TRANSFER OF AN AMOUNT NOT TO EXCEED $2,300,000 FROM THE PERMANENT IMPROVEMENT FUND OF THE CITY TO THE GENERAL FUND OF THE CITY AND AUTHORIZING THE PREPARATION OF A PETITION REQUESTING SUCH TRANSFER AND THE FILING OF SUCH PETITION WITH THE TAX COMMISSIONER AND THE COURT OF COMMON PLEAS OF CUYAHOGA COUNTY, OHIO
1ST READING
Mr. Hurtuk continued that the City is in the process of completing its annual audit for 2006. He attended an exit conference with the auditors, the Mayor, Councilman Gollinger, Council President Hagan and Councilman Long. At that time, the auditors made recommendations which accompanied their final report. These two ordinances originated from those suggestions.
Mr. Bemer recalled that the auditors questioned the transfer that occurred on May 22, 2006 in Ordinance No. 60-06, $2.3 million from the Permanent Improvement Fund (PI) into the General Fund. At that time, a companion ordinance was passed that provided for an allocation of an 80/20 split of Estate Taxes received; no less than 20% into the General Fund and no less than 80% into the Permanent Improvement Fund. Up to that point, Estate Tax revenues were placed immediately into the PI Fund. The auditors reviewed the transfer of $2.3 million from the PI Fund to the General Fund and questioned whether that transfer was done according to the ORC. There is a provision in the ORC which allows for the termination of special bond money or excess funds from a specific project can go to the General Fund with approval of the Court of Common Pleas and the Tax Commissioner. Mr. Bemer noted that Rocky River's fund is free-standing, not allocated for any particular capital improvement purpose, not encumbered or restricted, and not created through any tax levy or bond money. That did not move the auditor because the ORC does not provide for the type of free-standing fund established by the City, it was their recommendation that this process, of undoing the transfer of May 22, 2006, and petitioning the Court of Common Pleas and the Tax commissioner. When approved, the money can then be transferred back from the PI Fund into the General Fund. Mr. Bemer has contacted the prosecutor's office because they deal in taxes and auditors on a regular basis; they had never seen such a process done before. He then contacted the City's bond counsel, Calfee, Halter who had also never seen such a requested process done. For the sake of brevity, however, the City is following the recommendations of the auditor's office.
There was another issue questioned by the auditors regarding the Court's methodology of creating and terminating special accounts. However, although the Court is represented by a line item in the City's budget, the City has no control over their process. They are purely run as a free-standing entity. Their revenues are created from court costs; they have no City funds at their disposal. That issue is still being addressed with the auditor's office.
Finance Director Thomas indicated that his department would like Council to consider these ordinances together as one transaction is being unwound and the other ordinance seeks administrative approval which is necessary to make this revenue neutral for the City this year.
Mr. Hurtuk responded that the director came in after the meeting had begun and did not appear to have all the facts at her disposal. The event has occurred and this is a documentation cleanup. The auditors have approved these two ordinances. Moving forward, at a later date, Mr. Hurtuk recommended reviewing the original allocation of 80/20 to be certain that Council is comfortable with those figures. He would like to know how these matters are being treated for 2007. What is most important, however, is that this is upon the recommendation of the auditors and meets with their approval.
Mr. Hurtuk requested that because of timing issues, a Special Meeting be held next week to consider passage of the ordinances. He suggested that Director Bemer and Director Thomas collaborate on a short summary in response to Mrs. Bartolozzi's question, explaining the origin of last year's ordinance and outlining what is being done so that it will be revenue neutral for this year. Because a vote may be called next week, he urged Council members with questions to contact him, the Law Director or the Finance Director during the course of the week for answers.
Mr. Hagan also recalled that when told that the PI Funds were from Estate Taxes, the regional director commented about splitting them when received. At that time, however, they had already been received, and thorough discussions were held. He agreed on the Special Meeting.
ORDINANCES AND RESOLUTIONS UNDER CONSENT
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
2ND READING
This is necessary to purchase repair parts for various City vehicles.
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
2ND READING
This is an update of the 911 system which had been installed for land lines. This equipment will enable tracking of cellular phones.
ORDINANCE NO. 71-07 BY MAYOR PAMELA E. BOBST
AN EMERGENCY ORDINANCE FORMALLY CREATING THE SENIOR SERVICES DEPARTMENT AS A DEPARTMENT WITHIN THE ADMINISTRATION OF THE CITY OF ROCKY RIVER
1ST READING
This title is self-explanatory.
Moved by Mr. Hagan, seconded by Mr. Gollinger, 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 Mrs. Bartolozzi 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:
Mr. Gollinger noted the weekend article in The Plain Dealer which reports on an expert opinion of the psychological effects of sound, not necessarily loud, which can have a profound impact on people's lives. Although he said he does not believe in any way, shape or form that any resident of High Parkway will lose control, it does provide expert opinion on the effect of unwanted noise. He asked that the article be forwarded to Mr. O'Shea.
AUDIENCE PARTICIPATION:
Chuck Jirsa, 1028 Whittlesay Lane, commented that he wished to raise a quality of life issue. He said that in 1992, the federal government passed the ADA (Americans with Disabilities Act) which covers parking spaces for the disabled. Mr. Jirsa did an informal survey of all of the businesses in the City of Rocky River. He distributed the results of the survey. According to the act, all companies which do business with the public are required to provide special parking spaces for the disabled, but his further research shows that the ADA covers only restriping of parking lots. The businesses listed in his survey provide no parking spaces for disabled, but some are not required to do so because they are not striped. He asked Council members to look at the list and, in conference with the Law Director, suggest to the businesses which are not covered by the striping law that they provide spaces for the disabled. For those who are covered, as mandated by the ADA following restriping, spaces must be provided as follows: 1-25 spaces, 1 handicapped spot; 25-50, 2, including one wide enough for a van; 51-75, 3 spaces including one for a van. He asked for Council's consideration of this quality of life issue.
As there was no further business by members of Council, the meeting was adjourned at 8: 42 p.m.
_____________________________ _______________________________
Brian F. Hagan Misao Kurokawa
President of Council Clerk of Council