CITY OF ROCKY RIVER
JULY 10, 2006
The Committee-of-the-Whole was called to order by Mr. Hurtuk, Acting President of Council, at 7:02 p.m.
Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan
Administration: Mayor Bobst, Mr. Linden, Mrs. Whitman, Mr. Harrington, Mr. Mackay
Law Director: Mr. Bemer
Press: Mrs. McKenzie
The meeting was opened with the Pledge of Allegiance. Mr. Hurtuk noted that applications and resumes for the At-Large Council position are being accepted by the Clerk of Council through Wednesday July 14 at 4:00 p.m.
MAYOR'S REPORT: DEFERRED TO LEGISLATIVE MEETING
ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR'S REPORT:
Mr. Koran reported on progress at the Beachcliff Market Square site. On June 30, there was a ribbon cutting for the new Joseph A. Bank store. He commented that it was the first of many to come. Next will be First Watch, tentatively scheduled for July 20 and the Brown Aveda Institute in August. These will be followed by Ann Taylor Loft, Francesca's, Black House/White Market and Chico's. The grand reopening for the total project is scheduled for November 17 when most tenants will be open for business.
Streetscaping for the area, a project Mr. Koran worked on with Mr. Linden, Mr. Mackay and Mr. Gottschalk, is going very well. Two of three walls have been constructed, one at the entrance to the City on Lake Road, the other on Detroit Road at Wooster. It is a great improvement, particularly in conjunction with the poured stamped concrete. Merchants on Detroit are very happy with the changes. In the fall, the third wall behind Depot Street will go to bid.
On Center Ridge Road, Mr. Koran was pleased to report that Hamlets West has only six units remaining for sale. The site for Hamlets East has been cleared and prepared for the start of construction. Because of the reduced size of the units, sales are anticipated to be brisk.
The Grandview development on River Oaks still struggles with utilities. At present, Cleveland Water is working with the developer.
Lowe's at Westgate has commenced construction. The trees on Linden have been removed to make room for the new wall and new landscaping.
With the Building Commissioner, Mr. Beirne, Mr. Koran will meet tomorrow with the developer of a proposed project on the river, south of the Detroit Road bridge.
The "Taste of River", sponsored by the City and the Chamber of Commerce, was a huge success. Crowds numbered three or four times that of last year, and it was well-attended for the entire three hours. The Taste of River committee is already working on making next year's program even more successful.
The City has received its $75,000 grant to pay for some soft engineering costs for the Lake Road construction project. Mr. Koran is investigating consultants to help with the design as the funds have been made available July 1.
The exterior maintenance grants have been eliminated. In place of that program, cities may be awarded funds to demolish abandoned homes, a topic on many current agendas.
Discussion: Mrs. Bartolozzi asked if the Beachcliff Market Square garage is open and available for parking. Mr. Koran said that it is, and recommended that Council members who have not yet had an opportunity to see it take time to tour the facility.
Mr. Koran added that Beachcliff Market Square is in the midst of installing their new landscaping and will attempt to design their landscaping to complement our new streetscape installations. The trees on Detroit Road will stay, but their root balls will be trimmed and will be made more flush with existing grades.
UNFINISHED BUSINESS:
Ordinance No. 87-06: Mr. Hagan noted that an amended version has been distributed. He called upon Mr. Bemer to explain the changes. Mr. Bemer indicated that a number of modifications had been made in the exhibit, Sections (c) and (h). Additionally, the words "public official or" should be inserted after No, the first word in section (c). Mr. Bemer further explained that these changes had been discussed with Mrs. Whitman, the Human Resources Director, the Mayor, and with Mr. Matty, the attorney for the WWTP.
In response to a question from Mr. Hagan, Mr. Bemer further explained Section (h). He said its purpose is to allow the free flow of the negotiation process between the City and different bargaining units. He said that home rule does not supersede provisions of the State ethics code or civil service laws, so this section must be consistent with those provisions.
Mr. Hagan noted his intention to amend the ordinance, move for a rules suspension and a vote this evening.
MISCELLANEOUS BUSINESS:
Project Lightspeed Update: Mayor Bobst reported that she had met with AT&T two weeks ago and discussed several issues related to Project Lightspeed. She turned to Mr. Bemer to discuss one issue, the hiring of outside legal counsel.
In another issue, Mrs. Bobst reported that in her meeting with AT&T, she had urged the company to focus its financial resources, energy, enthusiasm and creativity to redesigning the installations. Currently the company has no construction being started, but permission has been granted by the City for the company to finalize wiring for its phone system for any existing cabinet except that on Bonnie Bank. Any work being done by AT&T to existing cabinetry will be on phone lines. The City is now awaiting the company's plans to modify the buildout and its approach, particularly to residential areas.
A meeting of the Mayors and Managers Association presented information on right-of-way legislation. Attorney General Jim Petro's office will review the issue of AT&T access to the right-of-way and there may be some delineation. Other cities have adopted a "wait and see" attitude. The Mayor has asked AT&T to look at buildout alternatives. If they cannot, she will ask them to come back at a later date when they can modify the buildout.
Mayor Bobst thanked Mr. Hunt for obtaining the Highland Hts. right-of-way legislation. Utilities have taken the position that they want access without controls imposed by the city, but want to be protected as to buildout in other communities.
Vacant Properties/Condemnation Procedures: The Mayor called upon Mr. Bemer to update information about the Sheriff's sale. The Law Director outlined the many calls he had made to discover that a bid had been made for the home after it the order of withdrawal had been made. The home may be resubmitted if desired by the mortgagee. The bid came from the Veterans Administration, the underwriter of this mortgage which felt that with some financial investment, the home could be sold and losses recouped. He then described the process by which the home could be placed on the list to be sold once more, and indicated that he is pursuing that option. He hopes to have the home on the list before the sixty-day expiration of the VA bid.
Mayor Bobst commented that the home has been removed from the sale five times. She referred to an article in a recent Plain Dealer which discussed the extent of the foreclosure problem: Rocky River has 23, but Shaker Heights, for example, has 399. The Mayors and Managers Association has taken an interest in the issue and will work with judges and magistrates in an effort to streamline and speed up the process. She suggested contacting the cities of Euclid and Shaker Heights which have a process in place for condemnation. These include a series of warnings and citations based on criteria outlined in Section 715 of the ORC. The Building Commissioner determines if condemnation is warranted, and if so, notifies the owner by certified mail. This is followed by demolition and a lien placed on the property. The Mayor, Mr. Bemer, Mr. Koran and Mr. Beirne will meet shortly to discuss a formal procedure. Ending the exterior maintenance program may provide funds for condemnation and demolition for area cities.
The Mayor also reported that she and the Law Director will meet with Countrywide, which controls some of the abandoned properties to discuss property maintenance issues.
COMMITTEE REPORTS:
SAFE Council of Governments: Mr. Gollinger attended a meeting on June 28 whose major objective was to review the COG agreement with the update in place. The final draft will be brought to Council in ordinance form. The President, Ms. Patton of Fairview Park, will attempt to establish contact with the new airport director for a meeting with the group.
NEW BUSINESS:
Resolution No. 91-06: Mr. Hunt explained that this resolution will adopt the Storm Water Management Plan from the Cuyahoga County Solid Waste District. He has met with Mr. Linden and Beth Biggins-Ramer, the principal planner of the district. The plan for the district must, by law, be updated every five years; this is the third such update. There will be a $.50 increase per ton at the landfill, but this charge does not apply to recyclables. The legislation needs to be passed within 90 days, so Mr. Hunt will move for passage at the legislative meeting to follow.
Ordinance No. 92-06: Mr. Linden explained that Chapter 945.021 provides for periodic update of the Master Tree Lawn Tree Planting Plan. It is now appropriate to designate trees for specific streets. Mr. Linden would like to begin the planning now so that the plan can be implemented in the fall rather than February when some residents are out-of-town. Additionally, ordering the trees early may result in a better price. Some changes were recommended by the Beautification Committee, although tree height was taken into consideration because the trees must be under CEI wires. No trees will be planted in tree lawns narrower than three feet.
Ordinance No. 93-06: Mrs. Bartolozzi explained that in 2004, the Recreation Task Force recommended that upgrades be made to the Hamilton Ice Arena. The Administration decided not to place this with the bond issue voted upon by residents, but rather to handle it with capital improvement funds. Some of those improvements have been accomplished, and these have been planned for this year. By awarding this contract now, much of the work can be done in the summer.
Ordinance No. 94-06: Mr. Harrington, Superintendent of the WWTP, came forward to explain this ordinance which would authorize a contract with Metcalf & Eddy for consulting services. He began with historical background, explaining that four cities were joint owners of the plant. For many years, Parsons was the engineering firm, and that was advantageous because they knew the plant so well. When they moved away from the wastewater field, it was necessary to look at other firms when the screw pump failed in 2004 and necessitated a consulting firm for the major replacement project. From many qualified firms, former City Engineer Richard Lesiecki requested proposals from five and selected Metcalf & Eddy which had the lowest cost for that job. The project has gone well, even though it is currently on hold because of delays in equipment delivery.
This ordinance would allow monthly consultation for the Treatment Plant as well as engineering services for capital improvement projects. Mr. Harrington requested that this ordinance be passed as quickly as possible because a contract needs to be awarded in June of 2007 for a project using Issue 2 funding for a majority of the cost.
Responding to a question from Mr. Hagan, Mr. Harrington stated that the funds are in the budget and that the Management Committee of the WWTP has agreed to the expenditure. Asked if this is a one-year contract, Mr. Harrington said that it is. Asked about changes in procedures, Mr. Harrington explained that Mr. Lesiecki did not engineer most projects, but rather would seek proposals and hire firms. That procedure cost member cities $14,000. This firm will handle that work for $7500.
Mr. Hagan indicated that he will request a rule suspension and passage. Mr. Hurtuk noted that he will recuse himself from the vote.
Ordinance No. 95-06: Mr. Hagan noted that this is a loan agreement to finance WWTP capital improvement projects. He turned to Mr. Harrington who explained that because of the scoring on the last application, the cities did not qualify for a grant, but the projects proposed are extremely critical for safety and operation of the plant. Piping has not been replaced since 1961; any failure could shut down the plan. The other cities have agreed to this badly needed improvement.
Ordinance No. 100-06: As Mr. Harrington was before Council, Ordinance No. 100-06 was discussed next. This ordinance authorizes a grant application for State of Ohio Issue I funds to apply to other necessary projects. The Management Committee has approved the application so four city councils will pass this ordinance which will authorize an application for the grant. Mr. Harrington hopes to improve the score on this application by providing 25% local funds, leaving 30% as a no-interest loan and 45 % grant.
Ordinance No. 96-06: This ordinance authorizes the 2006 Street Repair Program. Three bids were received, and Mr. Mackay and Mr. Linden recommended that the bid of Fabrizi Trucking and Paving be accepted. Mr. Mackay further explained that while it appeared initially that the bid of RMH Concrete and Foundations was lower, they requested that their bid be withdrawn and their request was accepted.
Ordinance No. 97-06: This ordinance will approve supplemental appropriations. Mr. Hurtuk turned to Mr. Thomas, the Finance Director, who explained that the major change is in response to legislation which allocated Estate Taxes in an 80/20 split. He also briefly reviewed the reasons for the other changes which need to be made. Mr. Hurtuk also mentioned that the majority of these amounts are in the original budget.
Ordinance No. 98-06: Mr. Thomas explained that these are the first figures for the 2007 Budget. This information must be filed on an annual basis with the Cuyahoga County Budget Commission by July 20. Although only the debt payment figures are known for certain, the City is required to file these summarized projections for 2007.
Ordinance No. 99-06: This ordinance is necessary because of the change in name for a provider of cationic polymer. No change in price has been made, and this ordinance allows the bills to be paid.
As there was no further business by members of Council, the meeting was adjourned at 8:18p.m.
________________________________ ______________________________
Brian A. Hurtuk Misao Kurokawa
Acting President of Council Clerk of Council
CITY OF ROCKY RIVER
JULY 10, 2006
Regular meeting of Council was called to order by Mr. Hurtuk, Acting President of Council, at 8:27 p.m.
Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan
Administration: Mayor Bobst, Mr. Linden, Mr. Thomas, Mr. Patterson, Mr. Harrington,
Mr. Mackay
Law Director: Mr. Bemer
Press: Mrs. McKenzie, Ms. Mitchell
MAYOR'S REPORT:
Mayor Bobst reported that there are 15 items on the agenda of the BZA for July 13 at 7:30.
The Rocky River Parks and Recreation Foundation is sponsoring its annual "Hole-in-One" competition from Wednesday through Sunday. The Foundation has underwritten many meaningful projects in the City, e.g. Elmwood Cabin, Rocky River Park terracing, the handicapped playground, the outdoor concert series and day camp scholarships. The Mayor urged all residents to join in and support the Foundation.
The Lakewood-Rocky River Rotary has contributed $500 to the Senior Transportation Program.
The Mayor expressed public appreciation to the Rockport Retirement Community and the Zapis family for their generosity in helping persons displaced because of the Heritage House fire.
Information on mosquito control has been received. No actions are currently being taken, but surveillance is under way and a decision as to activity will be made as conditions warrant. The Administration will alert residents if any actions are taken in Rocky River.
HELP loans, which complement the Heritage Home Loan Program, have already assisted five homeowners with $92,000 in improvements.
Mayor Bobst then turned to Mr. Linden for a report on the Roslyn sewer. Mr. Linden reported that he and Mr. Mackay have reviewed video which shows that the section between Argyle and Buckingham is fine, but between Argyle and Frazier, it is poor. Bids will be taken to replace the inverted sewers, 605 ft. He plans to go to bid in August with an ordinance in September for the repair.
Pursuing the railroad Quiet Zone, Mr. Mackay and the Mayor are in the process of gathering additional information regarding electrical needs which will determine the cost for safety controls. The City is waiting to hear.
Mayor Bobst then explained that because more residents were in attendance at this meeting, she would repeat information given at the meeting of the Committee-of-the-Whole at 7:00 p.m.
Project Lightspeed Update: the Mayor met with representatives of AT&T and made several suggestions regarding the buildout. She said that she appreciated their willingness to work with the City, and is waiting for their responses, as representatives were present to listen, but had no authority to agree to the proposals. She expressed clearly that she would like the company to use their resources, creativity and energy to redesign the buildout. She found them willing to look at alternatives in residential areas, and there was also discussion of commercial areas. If the company cannot modify its cabinetry, she respectfully asked them to come back when they could. They are now meeting with engineers and will respond to the City as soon as possible.
Attorney General Petro has agreed to look at questions of AT&T's assertion that it has right-of-way access for products and services which are not part of their public utility designation. Mayor Bobst will update Council on information as it is received.
There is currently no buildout occurring. The company is, however, finalizing wiring in seven cabinets and has been authorized by the City to work on all except on Bonnie Bank. Residents should not see construction, but any AT&T service truck will be working on finalizing work which impacts the telephone system. As mentioned at the Mayors and Managers meeting, many other communities are waiting to see what happens in Rocky River.
Vacant Properties/Condemnation Procedures: The City is reviewing several condemnation procedures in Euclid and Shaker Heights. In a recent newspaper article on foreclosures, it was noted that Rocky River has 23, and Shaker Hts, 399. The Mayors and Managers Association is working with a group of judges and magistrates to streamline the legal process. The Mayor, Law Director, Mr. Koran, Mr. Beirne and Mr. Nugent are meeting about processes gone through on the Bonnie Bank and Wooster Road properties, and what needs to be done to finalize the condemnation procedure. The Building Commissioner determines if a property warrants condemnation. If so, a final warning is given and then legislation to demolish is passed and liens are placed on the property. The County's exterior maintenance program, in effect for the last few years, will redirect its funds toward demolition of vacant properties.
The Administration will also meet with representatives of Countrywide to discuss property maintenance issues.
Discussion: Mr. Gollinger noted that the July 23 concert in the park, "Eddie and the Edsels" will be a sellout, so residents should make their plans accordingly.
LAW DIRECTOR'S REPORT:
Mr. Bemer commented on the potential for outside counsel on the Project Lightspeed and right-of-way issues, noting that the law firm of Walter Haverfield is active in this field and has worked on a local and national basis. He stated that he has spoken to Todd Hunt of this firm who has quoted him the rate of $200/hour for work done by a partner and $175/hour for associate work. The firm is currently assisting Lakewood. Mr. Bemer is exploring the possibility of joining forces with other Westshore communities to present a unified front and economy in fees. Bay Village is interested as well as Fairview Park, and he will contact Westlake and North Olmsted.
Commenting on the 3770 Wooster abandoned property, he indicated that he has contacted the attorney for Countrywide. At the June 26 sale, he was told that there was no bid until late in the day when the property had already been withdrawn. The late bid was from the VA, which underwrote the mortgage. Since the offer is good for 60 days, Mr. Bemer has made multiple inquiries and will continue to do what he can to get the property back on the list for the next Sheriff's sale.
Discussion: Mr. Gollinger requested that the Law Director ask his contact at the City of Lakewood for a copy of the minutes where legislation to establish the Dog Park. He has received many calls recently about growling dogs, and he feels the issue needs to be resolved, perhaps by exploring the roots of the park when it was established, and why it is in its present location. The Law Director agreed to obtain the information.
Mr. Hurtuk asked about the abandoned property and the offer it received. Mr. Bemer responded that the offer was valid until August 25. Mr. Hurtuk then asked if Mr. Bemer expects the retention of Walter Haverfield before the recess, and Mr. Bemer responded that he does not believe so. It is his intention to have the mayors and law directors meet next week, so there may be no resolution until after the August 10 Westshore Mayors and Managers meeting.
MOTION:
Moved by Mr. Hurtuk, seconded by Mr. Moran, that the reading of the minutes of the Legislative Meeting and Executive Session of June 26 and the Special Meeting of June 29 be waived, that the minutes of June 26 be accepted as submitted and the minutes of June 29 be accepted as amended.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye * Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
*Mrs. Bartolozzi voted aye for June 26 and abstained for June 29.
Moved by Mr. Hagan, seconded by Mr. Hunt, that the reading of the minutes of the meeting of the Contracts Committee of June 26 be waived, and that the minutes be accepted as submitted.
Vote: Hagan - aye Hunt - aye Bobst - aye
3 ayes 0 nays PASSED
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS:
Mayor Bobst requested an Executive Session following the meeting to discuss the purchase of property for public purposes under Article X, Section 6, Subsection (2).
Mr. Moran reported that on July 1, he had the opportunity to work with members of the Student Council of the middle school with guidance from community volunteers at an all-day car wash at the Express I Car Wash in Westlake. This event was held to benefit the Heritage House Fire Fund. He thanked Council members and directors who attended and helped, and announced that $1800 was raised. He especially thanked the two local newspapers for their publicity. Contributions are still being accepted at Huntington Bank. Anyone with questions or ideas should contact Mr. Moran.
Mr. Hurtuk thanked Mr. Moran for his leadership on this issue.
AUDIENCE PARTICIPATION: NONE
MOTION:
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No. 87-06 be amended by substitution with changes in new Exhibit "A"paragraphs (c) and (h). Further in paragraph (c), the words "public official or" are to be added after the first word.
Discussion: These two paragraphs have been rewritten after consultation by the Law Director with Mrs. Whitman and Mr. Matty, counsel for the WWTP. These changes were discussed at the preceding Committee-of-the-Whole.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
AMENDED ORDINANCE NO. 87-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE CREATING A CODIFIED ORDINANCE OF THE CITY OF ROCKY RIVER WHICH REGULATES THE HIRING PRACTICES OF THE CITY AND THE WASTEWATER TREATMENT PLANT
2ND READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Amended Ordinance No. 87-06 be read on three separate days be suspended, and that Amended Ordinance No. 87-06 be placed upon its passage:
Discussion: Mr. Hagan commented that hiring practices for the City and the WWTP have been discussed at the last two meetings of the Committee-of-the-Whole and two Legislative Meetings. He thanked Mrs. Whitman and Mr. Bemer for their work. This ordinance gives a clear look at what can and cannot be done in hiring City employees.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Amended Ordinance No. 87-06 be passed as read:
Discussion: See discussion above.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
RESOLUTION NO. 91-06 BY THOMAS J. HUNT
AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR AND HER DESIGNEES TO ADOPT THE SOLID WASTE MANAGEMENT PLAN FOR THE CUYAHOGA COUNTY SOLID WASTE MANAGEMENT DISTRICT
1ST READING
Moved by Mr. Hunt, seconded by Mr. Gollinger, that the rule requiring that Resolution No. 91-06 be read on three separate days be suspended, and that Resolution No. 91-06 be placed upon its passage:
Discussion: Mr. Hunt summarized the discussion at the meeting of the Committee-of-the-Whole, noting that with the passage of this ordinance, the City will adopt the County's Solid Waste District's management plan. The timeline for adoption of this master plan is set by the ORC, and as the deadline is approaching, there is no reason to delay.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
Moved by Mr. Hunt, seconded by Mr. Gollinger, that Resolution No. 91-06 be passed as read:
Discussion: Mr. Hunt mentioned that one change will be a $.50/ton increase in materials sent to the landfill. This will not apply to recyclables, and will not go into effect until 2007. The County Commissioners have agreed to pay the 2007 increase. The monies will be used for a convenience center.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 92-06 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE TO ACCEPT AND APPROVE ADDITIONS AND REVISIONS TO THE MASTER TREE PLAN AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
Moved by Mr. Hunt, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 92-06 be read on three separate days be suspended, and that Ordinance No. 92-06 be placed upon its passage:
Discussion: This ordinance was discussed at the meeting of the Committee-of-the-Whole by Mr. Linden who explained the need to begin planning early for additional trees to be purchased. The attachment sets the various types of plantings for each street. Mr. Linden would like to have the plan ready to implement in the fall so that the trees will be ready to plan in early spring.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
Moved by Mr. Hunt, seconded by Mr. Gollinger, that Ordinance No. 92-06 be passed as read:
Discussion: See discussion above.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 93-06 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH FIORILLI CONSTRUCTION INC. FOR IMPROVEMENTS AT THE HAMILTON ICE ARENA IN AN AMOUNT NOT TO EXCEED $153,951.00
1ST READING
Moved by Mrs. Bartolozzi, seconded by Mr. Hagan, that the rule requiring that Ordinance No. 93-06 be read on three separate days be suspended, and that Ordinance No. 93-06 be placed upon its passage:
Discussion: Mrs. Bartolozzi noted that this ordinance was discussed earlier. Mr. Patterson came forward to answer questions. He explained that in 2004 the Recreation Foundation Task Force recommended a series of improvements to the ice rink, and that they be included in the bond issue placed before voters. Mayor Knoble decided that it would be better to do it on an annual basis from the budget. This is the second phase. The City worked with Fiorilli Construction on the first phase and found them to be very cooperative in arranging the work so that the rink could remain open. If this ordinance is passed now, the work can be almost completed before skating season. This ordinance includes an alternate bid and a $10,000 contingency.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
Moved by Mrs. Bartolozzi, seconded by Mr. Hagan, that Ordinance No. 93-06 be passed as read:
Discussion: See discussion above.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 94-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH METCALF & EDDY OF OHIO, INC. FOR CONSULTING SANITARY ENGINEERING SERVICES FOR THE ROCKY RIVER WASTEWATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED $485,300.00
1ST READING
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 94-06 be read on three separate days be suspended, and that Ordinance No. 94-06 be placed upon its passage:
Discussion: This ordinance, authorizing a contract with Metcalf & Eddy, was discussed earlier. It was explained that some projects must be done and the services of this firm are essential to begin. This contract is for one year on a consulting basis and to work on engineering projects needed by the WWTP. This will allow the WWTP to move forward with projects before even higher repair costs are incurred.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi and Mr. Gollinger, that Ordinance No. 94-06 be passed as read:
Discussion: This is a one-year contract. Reference is made to the loan in Ordinance 95-06 below which the City will receive from OPWC.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - abstain
5 ayes 0 nays 1 abstention PASSED
ORDINANCE NO. 95-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A LOAN AGREEMENT WITH THE OHIO PUBLIC WORKS COMMISSION FOR THE FINANCING OF THE ROCKY RIVER WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $2,315,682.00
1ST READING
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 95-06 be read on three separate days be suspended, and that Ordinance No. 95-06 be placed upon its passage:
Discussion: Grants were requested and sent to the County. Because no funds were available, this non-interest bearing loan was requested. Mr. Hagan indicated that, as projects are waiting, there is no reason to delay.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi and Mr. Gollinger, that Ordinance No. 95-06 be passed as read:
Discussion: As discussed earlier by Mr. Harrington, this interest-free loan will allow certain essential projects to move forward. Mr. Hagan complimented Mr. Harrington on doing a good job with the application. Mr. Gollinger added that with four member cities, and with repayment spread over 20 years, this is a good bargain for the City.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 96-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH FABRIZI TRUCKING AND PAVING CO., INC. FOR THE 2006 STREET REPAIR PROGRAM IN AN AMOUNT NOT TO EXCEED $594,812.00
1ST READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 96-06 be read on three separate days be suspended, and that Ordinance No. 96-06 be placed upon its passage:
Discussion: Also discussed earlier, three bids were received for the 2006 Street Repair Program. Because work needs to begin, Mr. Hagan said that there is no reason to delay. Further, there is sanitary and storm sewer work needed.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No. 96-06 be passed as read:
Discussion: See discussion above.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 97-06 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2006 AND TO AMEND ORDINANCE NO. 12-06
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the rule requiring that Ordinance No. 97-06 be read on three separate days be suspended, and that Ordinance No. 97-06 be placed upon its passage:
Discussion: Mr. Hurtuk explained that this is essentially a housekeeping ordinance, and suspending the three-read rule will get it out of the way for Mr. Thomas.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that Ordinance No. 97-06 be passed as read:
Discussion: This ordinance will authorize adjustments on the budget, particularly as to treatment of Estate Taxes. This type of ordinance is needed 3 or 4 times per year to rebalance the budget.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
RESOLUTION NO. 98-06 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, 2007
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the rule requiring that Resolution No. 98-06 be read on three separate days be suspended, and that Resolution No. 98-06 be placed upon its passage:
Discussion: These figures need to be in the County Auditor's office soon, and there is no reason to delay.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that Resolution No. 98-06 be passed as read:
Discussion: This is the first step in the 2007 Budget. This information has been used in the past, and as it is required by July 20, it is time to move on this resolution.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 99-06 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ACCEPT THE FOLLOWING NAME CHANGE: ASHLAND SPECIALTY CHEMICAL ENVIRONMENTAL AND PROCESS SOLUTIONS - REPLACING STOCKHAUSEN LLC-FOR THE PURCHASE OF CATIONIC POLYMER, DURING THE BALANCE OF THE CONTRACT PERIOD FOR THE WASTEWATER TREATMENT PLANT AT A COST OF $1.38 PER POUND
1ST READING
Moved by Mr. Hunt, seconded by Mr. Hagan and Mr. Gollinger, that the rule requiring that Ordinance No. 99-06 be read on three separate days be suspended, and that Ordinance No. 99-06 be placed upon its passage:
Discussion: This ordinance will help the Finance Director with bookkeeping with regard to a contract adopted in March. No changes in price have occurred, only a change in the name of the supplier.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
Moved by Mr. Hunt, seconded by Mr. Gollinger, that Ordinance No. 99-06 be passed as read:
Discussion: See discussion above.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 100-06 BY BRIAN A. HURTUK
AN ORDINANCE AUTHORIZING THE MAYOR TO SUBMIT A JOINT APPLICATION WITH THE CITIES OF BAY VILLAGE, FAIRVIEW PARK, ROCKY RIVER AND WESTLAKE TO SEEK FINANCIAL ASSISTANCE FROM THE STATE OF OHIO ISSUE 1 INFRASTRUCTURE BOND PROGRAM FOR FUNDING INFRASTRUCTURE CAPITAL IMPROVEMENTS AT THE ROCKY RIVER WASTEWATER TREATMENT PLANT AND TO EXECUTE A COOPERATIVE AGREEMENT AND DECLARING AN EMERGENCY
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the rule requiring that Ordinance No. 100-06 be read on three separate days be suspended, and that Ordinance No. 100-06 be placed upon its passage:
Discussion: Prompt passage of this ordinance will help the grant application to move expeditiously.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
Moved by Mr. Hurtuk, seconded by Mr. Gollinger and Mr. Hagan, that Ordinance No. 100-06 be passed as read:
Discussion: See discussion above.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Gollinger asked if there has been any response from Norfolk-Southern on the questions concerning the Quiet Zone. Mr. Mackay said that after several attempts, he had had a response from the railroad. His contact said that he had to check with his field people, which he will do and respond to the City. When Mr. Mackay receives the response, he will pass it along.
MOTION:
Moved by Mr. Hurtuk, at his request, and seconded by Mr. Hagan, that an Executive Session be held immediately following the meeting to consider the appointment or employment of a public official under Article X, Section 6, Subsection 1 of the Charter, and at the request of the Mayor 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
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
AUDIENCE PARTICIPATION:
Kirk Zehnder, 20021 Bonnie Bank, thanked Council and the Administration for the work that has been done on the Bonnie Bank situations. He then distributed copies of The Tipping Point by Malcolm Gladwell to Council members and others, explaining that the book enlarges on the theme of how little things can make a big difference. He cited the example of a broken window in an abandoned house, not a big thing, but some may see it and feel a sense of anarchy, or that anything goes. Mayor Bobst thanked him and indicated that, after reading, the books will be donated to a local charitable organization.
Brian Ruic, 20358 Westover, corrected his statement of last week and said that Linden Park has dedicated status and is subject to all the provisions laid down in the Charter. He also thanked Brian Hagan for organizing and attending the meeting on Westover to discuss their issues.
Richard Tomazin, 20361 Bonnie Bank, still had some questions. Since the topics have already been discussed twice, he was invited to call the Mayor tomorrow for the answers to his questions.
Tim Piai, 20095 Bonnie Bank, thanked the Administration for repeating the updates on the topics of interest to residents. He asked if a letter campaign to the Attorney General's office would be helpful. The Mayor said that at this point, his office is moving ahead, but that she will keep residents informed.
Fred I. Sokol, 20021 Parkview, asked about the buried utility boxes. The Mayor said that they are still under consideration by AT&T.
As there was no further business by members of Council, the meeting was adjourned at 9:33 p.m.
______________________________ _______________________________
Brian A. Hurtuk Misao Kurokawa
Acting President of Council Clerk of Council