DRAFT
CITY OF ROCKY RIVER
SEPTEMBER 22, 2003
Regular meeting of Council was called to order by Mrs. Bobst, President of Council, at 8:00 p.m.
Council Members Present: Mr. Gollinger, Mr. Frost, Mr. Malling, Mr. Potterfield,
Mr. Hurtuk, Mrs. Bobst
Absent: Mr. Bartolozzi
Administration: Mayor Knoble, Mr. Linden, Ms. Wollenzier, Mr. Lesiecki
Law Director: Mr. Matty
The meeting was opened with the Pledge of Allegiance.
The minutes of the regular meeting of September 8 were read and approved as submitted.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Malling, that the reading of the minutes of the Executive Session of September 8 and the meeting of the Committee-of-the-Whole of September 15 be waived and that the minutes be accepted as submitted.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Bobst - aye
5 ayes 0 nays PASSED
Moved by Mr. Frost, seconded by Mr. Malling, that the reading of the minutes of the meeting of the Safety Committee of September 2 be waived, and that the minutes be accepted as submitted.
Vote: Frost - aye Malling - aye
2 ayes 0 nays PASSED
MAYOR'S REPORT:
The Administration is receiving a large number of calls (20/day) regarding NOPEC. One issue under investigation is the transportation charge (not gas supply) which is a quarterly floating amount ranging from a credit to a substantial amount, depending upon certain criteria. Some residents are consulting the website of the Ohio Consumer Council and attempting to compute their rates, and e-mails to President Bobst have indicated that some are finding that the NOPEC total bill is an increase over their current supplier. The Mayor is trying to unravel the problem, but he cautioned that, as he has maintained from the beginning, the NOPEC program will not result in significant savings. True competition can be created only from an oversupply and we are far from that situation.
Mayor Knoble was distressed to learn from the League of Women Voters that there will be no Cox coverage of the League's October 23 Candidates Night. Traditionally, attendance has been light, and residents have chosen to watch the debate later on Cox. The Administration will promote attendance at the program.
Elmwood Park Cabin will be open to the public at an open house on Tuesday, October 7, from
5 to 7 p.m. Residents are invited to walk in and see the new facility which is now basically finished. Rentals are being accepted for October.
Thanks to the hard work of Director Lesiecki, the Issue 2 application was filed in a timely manner last Friday. Mr. Lesiecki explained that application was made for funds for a sewer project for the Story Road area, replacing the current sanitary sewer on Story built in the '20's or '30's. Also included were storm sewers for the side streets that feed the Story Road sewer. The project will total $1.2 million and the City proposes a combination of grants, no-interest loans and City funds. This would be Phase 2 of a program that began on Wooster Rd. as a joint project with Fairview Park.
The Administration foresees no business which would necessitate a meeting next week.
The Rocky River Homecoming Parade will be Friday night beginning at 6:15 p.m. at the parking lot of St. Chris and going to the high school. The game begins at 7:30.
Residents of Westover Avenue have experienced a high volume of traffic on their street as a result of the Coffinberry Day Care Center in Fairview Park whose parking lot is located at the end of their street. Mr. Malling brought this matter to the attention of the Administration, the Mayor has met with Mayor Patton of Fairview Park, written the Superintendent of Fairview Schools, and Director Linden has met with their transportation director. Last Thursday a car count was conducted and 460 cars entered and exited the lot from 7:00 a.m. to 7:00 p.m. The Mayor is continuing to work on this significant problem.
This morning, with President Bobst and Councilman Gollinger, the Mayor attended the ribbon cutting ceremony for a new U.S. Bank located in the River Square Shopping Center. The Mayor thanked Mr. Gollinger whose efforts, combined with his, have resulted in plans, approved by the Planning Commission, for a new facade and landscaping for the shopping center.
Areas of SE central Rocky River and Fairview Park were sprayed for West Nile virus mosquitoes because an infected insect was found in a monitoring trap off Story Road. Signs were placed one day before spraying so that all residents would be aware of the project, and the Mayor cautioned those who wish to keep windows closed to do so until the signs are removed.
New legislation will be proposed as the employee handbook nears readiness. The Mayor is holding final meetings with the human resources administrator and the consultant to finalize details. Some issues will require codification.
The Administration is continuing to enforce the ban on dogs in parks. In Rocky River Park and Elmwood Park, warnings were issued, but no further citations. The Mayor has requested that the Parks and Recreation Foundation discuss the possibility of allowing water breeds to be exercised at the beach, perhaps early in the morning, before 8:00 a.m. when the beach is not being used by families and children.
The last meeting of the Northeastern Ohio Mayors and Managers Association featured speakers on many interesting topics. The Mayor offered to share his notes from talks by the FBI on homeland security, NOACA on project funding, the Ohio Cooperative Purchasing Act, NOPEC, the PUCO chairman on aggregation and deregulation, the economy, and Issue 2 funds.
Discussion: Mr. Frost asked if the LWV Candidates Night could be taped by someone else and shown on Cox. The Mayor is exploring that alternative, but the problem is that airtime between October 23 and the election, November 4, is limited to one available segment. Mr. Frost felt that one segment is better than none.
LAW DIRECTOR'S REPORT:
Mr. Matty has received a memo from Mr. Frost proposing an amendment to the Building Code concerning play structures. The contents have been forwarded to Commissioner Beirne for his comments.
Fire Chief Flynn has requested a waiver of the 72-hour rule of notification for Ordinance No. 165-03 which concerns plugging a gas well on Carmen. This capping would be done at no cost to the City.
Finally, Mr. Matty requested an Executive Session to discuss a matter of imminent litigation.
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS:
Next week is the fifth Monday of the month, so Council will not be in session. The next meeting will be on October 6.
Council has received an invitation for a virtual tour of the Cleveland Water Department infrastructure on Thursday, September 25 at 6:00 p.m. There are four locations.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Frost, that the 72-hour rule of notification for Ordinance No. 165-03 be waived and that Ordinance No. 165-03 be placed on the agenda.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
AUDIENCE PARTICIPATION: NONE
ORDINANCE NO. 155-03 BY MAYOR WILLIAM F. KNOBLE
AN EMERGENCY ORDINANCE AMENDING SECTION 153.06 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "HOLIDAYS" AND AS FURTHER DESCRIBED IN EXHIBIT "A"
2ND READING
This ordinance will be held for amendment as completion nears for the Employee Handbook.
ORDINANCE NO. 158-03 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE NINE MDT LAPTOP COMPUTER SYSTEMS FOR THE POLICE DEPARTMENT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM COMPUTER MANAGEMENT INTERNATIONAL AT A TOTAL COST NOT TO EXCEED $30,205.00 AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
2ND READING
Moved by Mr. Hurtuk, seconded by Mr. Potterfield, that the rule requiring that Ordinance No. 158-03 be read on three separate days be suspended, and that Ordinance No. 158-03 be placed upon its passage:
Discussion: The old laptops are not properly communicating with the new police computer system. Since this is necessary, Mr. Hurtuk wished to move ahead with this ordinance.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Hurtuk, seconded by Mr. Potterfield , that Ordinance No. 158-03 be passed as read:
Discussion: Mayor Knoble commented that the existing units are unable to run the new software purchased for the police computer system. Mr. Hurtuk pointed out that since the laptops are not new, if we were not replacing them this year, it would probably be next year. Director Linden added that the problem was that LEADS had replaced its software which was the reason that the old laptops are incompatible.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 159-03 BY EARL W. POTTERFIELD
AN ORDINANCE REPEALING ORDINANCE NO. 99-2000 AND REPLACING IT WITH THIS ORDINANCE DESIGNATING DEPOT STREET AND WEST 192ND STREET AS TWO-WAY STREETS IN THE CITY OF ROCKY RIVER, AND DECLARING AN EMERGENCY
2ND READING
Moved by Mr. Potterfield, seconded by Mr. Malling and Mr. Hurtuk, that the rule requiring that Ordinance No. 159-03 be read on three separate days be suspended, and that Ordinance No. 159-03 be placed upon its passage:
Discussion: Mr. Potterfield observed that both the Administration and the merchants affected favor the restoration of two-way traffic on these two streets, and both would like this ordinance to move forward now.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Potterfield, seconded by Mr. Gollinger and Mr. Malling, that Ordinance No. 159-03 be passed as read:
Discussion: The ordinance has been discussed by Council, and reviewed and recommended by the Planning Commission. The Mayor noted that additional parking created earlier could not be used because of the one-way street. Parking will be parallel on 192nd and on the north side of Depot Street. Mr. Gollinger noted that this will be safer than exiting from Lake Road. Mr. Frost added that there would be fewer illegal turnarounds and that business owners would be pleased.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 160-03 BY THOMAS A. MALLING
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH CROSS-ROADS ASPHALT RECYCLING, INC. FOR THE 2003 CRACK AND JOINT SEALING PROJECT IN AN AMOUNT NOT TO EXCEED $39,000.00
1ST READING
Moved by Mr. Malling, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 160-03 be read on three separate days be suspended, and that Ordinance No. 160-03 be placed upon its passage:
Discussion: The purpose of the rule suspension is to enable the City to award the contract to the lowest bidder so that the crack and joint sealing project can go forward.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Malling, seconded by Mr. Hurtuk, that Ordinance No. 160-03 be passed as read:
Discussion: This is an annual endeavor to fill the cracks in City streets so that ice will not be trapped and, through expansion and contraction, destroy the street. This is the low bidder and is a firm that has done work for the City in the past. Mayor Knoble reinforced the idea that the program is designed to save the streets, both older and newer and prolong their lives.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 161-03 BY ROBERT S. FROST
AN EMERGENCY ORDINANCE AMENDING APPENDIX A OF PART THREE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "PROHIBITED RIGHT TURNS ON RED", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
Mr. Frost reported that he has sent letters to the Superintendent of Schools and the President of the School Board informing them that Council is considering eliminating prohibitions on certain right turns on red, some in school areas. His letter seeks their input. A resident, Laurie Inks, has requested that another intersection be considered, that of the eastern intersection of Lake and Avalon, near Falmouth and Morewood Pkwy. Mr. Frost is currently not recommending that change, but has requested opinions from the Chief of Police and the Safety-Service Director. This ordinance will go for the full three readings.
MOTION:
Moved by Mr. Hurtuk, seconded by Mr. Malling, that Ordinance No. 162-03 be amended to add "and the Wastewater Treatment Plant Utility Fund" to Section 2.
During discussion of Ordinance No. 162-03, Director Wollenzier noticed that since some of the equipment was being purchased for the WWTP, a portion of the funding must also be taken from their utility fund.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
AMENDED ORDINANCE NO. 162-03 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE FIVE (5) PERSONAL COMPUTER SYSTEMS WITH PRINTERS FOR THE WASTEWATER TREATMENT PLANT, MAYOR'S SECRETARY, CLERK OF COUNCIL, FIRE DEPARTMENT SECRETARY, AND SAFETY SERVICE SECRETARY, AND ONE (1) FAX MACHINE FOR THE WASTEWATER TREATMENT PLANT, UNDER THE STATE COOPERATIVE PURCHASING ACT FROM DELL COMPUTER AT A TOTAL COST NOT TO EXCEED $10,440.00
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Potterfield, that the rule requiring that Ordinance No. 162-03 be read on three separate days be suspended, and that Ordinance No. 162-03 be placed upon its passage:
Discussion: This equipment is needed for proper operation of City departments, so Council should move quickly to pass this ordinance.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Hurtuk, seconded by Mr. Potterfield, that Ordinance No. 162-03 be passed as read:
Discussion: Among problems are a bad motherboard, inability to backup, and incompatibility with the network
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
RESOLUTION NO. 163-03 BY THOMAS A. MALLING
A RESOLUTION REQUESTING THE COUNTY AUDITOR TO ADVANCE TAXES FROM THE PROCEEDS OF ALL TAX LEVIES AND SPECIAL ASSESSMENTS FOR THE YEAR 2004 PURSUANT TO THE OHIO REVISED CODE AND DECLARING AN EMERGENCY
1ST READING
Moved by Mr. Malling, seconded by Mr. Hurtuk, that the rule requiring that Resolution No. 163-03 be read on three separate days be suspended, and that Resolution No. 163-03 be placed upon its passage:
Discussion: This resolution would allow the Finance Director to draw on monies we will be receiving, so there is no good reason to delay.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Malling, seconded by Mr. Hurtuk, that Resolution No. 163-03 be passed as read:
Discussion: See discussion above.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 164-03 BY THOMAS A. MALLING
AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2003
1ST READING
Moved by Mr. Malling, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 164-03 be read on three separate days be suspended, and that Ordinance No. 164-03 be placed upon its passage:
Discussion: This is a housekeeping ordinance which appropriates funds already passed by Council. There is no reason to delay.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Malling, seconded by Mr. Hurtuk, that Ordinance No. 164-03 be passed as read:
Discussion: Finance Director Wollenzier enumerated the major items which required transfer of funds.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 165-03 BY THOMAS A. MALLING
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO APPLY FOR A GRANT FROM THE ORPHAN WELL PROGRAM OF THE DIVISION OF MINERAL RESOURCES MANAGEMENT, OHIO DEPARTMENT OF NATURAL RESOURCES, TO PLUG A GAS WELL AT 2625-2737 CARMEN DRIVE, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
Moved by Mr. Malling, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 165-03 be read on three separate days be suspended, and that Ordinance No. 165-03 be placed upon its passage:
Discussion: As explained by the Law Director earlier, this should not be delayed since it is an opportunity to have the well capped at no cost to the City.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Malling, seconded by Mr. Potterfield, that Ordinance No. 165-03 be passed as read:
Discussion: The Mayor explained that this is a gas well with a venting pipe. The project has been placed on the state's regular list for capping but the wait is a long one. If we are able to secure funding under this program, it could be done sooner, so the application should be filed before the deadline.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
MOTION:
Moved by Mrs. Bobst, at the request of the Law Director, that an Executive Session be held immediately following the meeting to discuss a matter of imminent or pending litigation as well as personnel compensation under Article X, Section 6, Subsection 3 and Article X, Section 6, Subsection 1.
Vote: Gollinger - aye Frost - aye Malling - aye
Potterfield - aye Hurtuk - aye Bobst - aye
6 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Frost raised the issue of corner lot setbacks. He referred to the last discussion, noting that that had occurred on October 28, 2002. The minutes indicated that our consultant, Mr. Smerigan's recommendations were more restrictive than those presently existing. He asked Mr. Potterfield, chairman of Council's Planning and Zoning Committee, to follow up to see if further action is necessary. Mr. Potterfield indicated that he will check with the Building Commissioner, Kevin Beirne, and added that he felt the topic had been allowed to fade because, after a flurry of complaints, the number had tapered off ass there were fewer reconstructions and large additions. He will again raise the topic.
A request for a transfer of a liquor permit has been received. It was brought out that only the name of the Vice President is listed. The matter will be referred to Mr. Matty and to the Police Department.
The Mayor mentioned that he will swear in Clayton Zell tomorrow as the City's newest inspector. Mr. Zell joins Mr. Nugent and Mr. Minko, giving us for the present, one full-time inspector and two part-time inspectors.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview, read a statement urging a vote on the adoption of the proposed Master Plan. (Exhibit "A")
The meeting was adjourned at 9:07 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 Legislative Meeting of September 22, 2003. These minutes may be amended or revised at the next Legislative Meeting.