DRAFT
CITY OF ROCKY RIVER
SEPTEMBER 26, 2005
Regular meeting of Council was called to order by Mrs. Bobst, President of Council, at 8:20 p.m, immediately following the meeting of the Community Improvement Corporation.
Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Mr. Thomas, Mr. Koran
Law Director: Mr. Matty
Press: Mrs. McKenzie
Mrs. Bobst announced that the meeting, like the one preceding, was being recorded by a resident.
The first order of business was a public hearing for Ordinance No. 128-05. Following the public hearing, Mrs. Bobst returned to the regular Council agenda.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the reading of the minutes of the Legislative Meeting and Executive Session of September 12 and the meeting of the Committee-of-the-Whole of September 19 be waived and that the minutes be accepted as submitted.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
MAYOR'S REPORT:
The Mayor expressed feelings of compassion and anger on behalf of the community at the robbery and assault of an elderly resident. He was pleased, at least, to report that the 86-year-old lady was out of intensive care. Further, the police department, in cooperation with the Cleveland Police and other agencies, have made three arrests as of 4:00 p.m. He urged residents to be vigilant, to see who is at the door before opening it. He will keep Council informed.
Mayor Knoble then reported that he has received calls from residents relative to NOPEC. As of approximately a year ago, NOPEC has no longer had a contract with a natural gas supplier when the supplier at that time refused to renew its contract. Although acknowledging that earlier notification should have been made to residents, the Mayor explained that because Rocky River had joined NOPEC at a later time, its 5% discount had lasted longer. At this time, Dominion is sending letters notifying residents that it will be the supplier at market rates. Many residents were not aware of the situation and have been caught by surprise, for which the Mayor apologized. The rates, however, are not fixed, and no supplier can be found to accept the entire City. Green Mountain continues to be NOPEC's electrical supplier, but residents have only two choices when it comes to gas: 1) accept Dominion as the supplier, or 2) shop the PUCO website for the best available fixed rate. For those without internet access, the Administration has printed pages from the website and will provide copies to residents who call City Hall.
There is also a continuing problem with electrical outages in Ward 2. A resident on Marlys called to complain of four outages in 24 hours. The Mayor has already met with the president of CEI, but with 100 city crews on the gulf coast, work is limited. Residents should continue to report outages to CEI and City Hall which will also forward them to CEI.
LAW DIRECTOR'S REPORT:
Mr. Matty attended the quarterly meeting for suburban leaders with the director of Cleveland Hopkins Airport. He is seeking media publicity for information that between October 29 and November 2, jet engines of NASA planes will be tested for particulate matter and pollution. The testing will be conducted between 3:00 a.m. and 6:00 a.m. Any noise objections should be registered with Dana Ryan at the airport.
Also proceeding is the update of the noise exposure map by a hired consultant. Mr. Matty will be serving on a committee of four to see the effect of stage 3 engines and new procedures on the noise envelope around the airport.
Finally, Mr. Matty thanked Mr. Oberdorff and Mrs. Tompkins for their work in regard to Ordinance No. 128-05. He explained that any time bond counsel is involved with bond work for a non-profit organization, the City has hired its own bond counsel. This is the first time he has worked with Squire, Sanders & Dempsey, and he wished to acknowledge the work of Mrs. Tompkins and Ms. Kathy Petrey. Further, he emphasized that the church will assume all liability for the payment of both attorneys' fees. The City will not pay any fees.
COMMITTEE REPORTS:
Parks & Recreation Committee: The meeting to hear the plans for the expansion of the Don Umerley Civic Center has been rescheduled for October 10 because Wednesday's Commission meeting had to be rescheduled.
Safety Committee: Mr. Frost reported that he has spoken to Brendan Sheehan, an Assistant County Prosecutor, in regard to implementing the Internet Crimes Against Children (ICAC) program. Mr. Sheehan is available to speak to Council on October 10 during the Legislative Meeting at 8:00 p.m. If Mr. Frost is able to speak to Chief Wagner and Mr. Matty before that time, he will try to have an ordinance for consideration at that meeting.
Environmental Committee: As Council's SAFE representative, Mr. Gollinger also attended the quarterly meeting at Hopkins Airport. He reported that work is being done on the east-west runway. Four noise complaints have been received by the airport, and Mr. Gollinger expressed the hope that the administration will advise residents in the next newsletter that noise complaints can be forwarded to the airport. There is some feeling that because of recent airline bankruptcies, older aircraft may be flying, and noise will be carefully monitored. He indicated his feeling that airport personnel are very cooperative in sharing information.
COMMUNICATIONS AND ANNOUNCEMENTS:
A notice from the Ohio Division of Liquor Control has been received, noting that a request has been received for a change of corporate stock ownership for the Rockcliff. The request will be forwarded to Sgt. Gulas for further information.
An e-mail has been received from Director Patterson announcing a Youth Sports Summit to be held at the Don Umerley Civic Center at 7:00 p.m. tomorrow.
A report from the Cuyahoga County Board of Health (CCBH) has been received which details its "community cancer assessment". This confirms a phone call to the Mayor from the CCBH in which it stated that there is no increased incidence of cancer within two miles of the Tri-City Park area or the Martin's Park area. Mrs. Bobst noted that the initiation of the action was a phone call from a candidate and resident who stated to the CCBH that "many members of city council voice concerns to him over the number of persons who have thyroid cancer". She made clear that no council members had had such discussions of this area.
AUDIENCE PARTICIPATION: NONE
There were no Council requests for changes to the Consent Agenda.
Mr. Matty requested that Ordinance No. 128-05 be considered first because of the several members of the audience who were present to hear the discussion.
ORDINANCE NO. 128-05 BY BRIAN F. HURTUK
AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $1,350,000, FOR THE PURPOSE OF MAKING A LOAN TO THE WEST SHORE UNITARIAN UNIVERSALIST CHURCH FOR THE FINANCING OF THE COSTS OF A "PROJECT" WITHIN THE MEANING OF CHAPTER 165, OHIO REVISED CODE AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT, A BOND PURCHASE AGREEMENT, AN ASSIGNMENT, AND OTHER INSTRUMENTS AND DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF THOSE BONDS, AUTHORIZING AND APPROVING CERTAIN RELATED MATTERS, AND DECLARING AN EMERGENCY.
1ST READING
Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi and Mr. Frost, that the rule requiring that Ordinance No. 128-05 be read on three separate days be suspended, and that Ordinance No. 128-05 be placed upon its passage:
Discussion: Mr. Hurtuk noted that timing is important to this issue, particularly since this is the building season. There is no reason to prolong the consideration of this issue, so he asked for support for a rules suspension.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that Ordinance No. 128-05 be passed as read:
Discussion: Mr. Hurtuk commented that the CIC was created as a vehicle to encourage this type of improvement to property. All obligations will be the sole responsibility of the church, and the City assumes no type of debt, acting only as a conduit.
Mayor Knoble added that this church is among the dozen or so in the City, and he has found it to be a vibrant, diverse organization, serving all ages and areas of the City. He noted that it is certainly an asset to the community, and he encouraged passage of the ordinance.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
AMENDED RESOLUTION NO. 133-04 BY EARL W. POTTERFIELD
A RESOLUTION ADOPTING A COMPREHENSIVE GENERAL PLAN KNOWN AS THE ROCKY RIVER MASTER PLAN
3RD READING
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Amended Resolution No. 133-04 be passed as read:
Discussion: Mr. Potterfield noted that last week Council agreed to amend this ordinance.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 98-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1370.08 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "RUBBISH AND GARBAGE STORAGE AND DISPOSAL", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
Mr. Potterfield has received further information from the Building Department and input as to adjusting the wording of the proposed changes. He would like to schedule further discussion for the next Committee-of-the-Whole to resolve the language issue.
ORDINANCE NO. 110-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1141.04(a)(1) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "GARAGE AND PARKING FACILITIES (STANDARD)", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
This ordinance, and the one following, Ordinance No. 111-05 have been reviewed by the Planning Commission. Mr. Potterfield has not yet received approved minutes of those discussions.
ORDINANCE NO. 111-05 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1179.04 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "AUTOMOTIVE USES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
See discussion for Ordinance No. 110-05.
ORDINANCE NO. 119-05 BY MAYOR WILLIAM F. KNOBLE
A RESOLUTION ACCEPTING THE DIRECTOR'S DEED FROM THE STATE OF OHIO (OHIO DEPARTMENT OF TRANSPORTATION) FOR A PORTION OF PARCEL NO. 605-WL AND DEDICATING THIS LAND TO BE USED FOR PARK AND RECREATIONAL PURPOSED PURSUANT TO ARTICLE III, SECTION 20 OF THE CHARTER OF THE CITY OF ROCKY RIVER, OHIO
2ND READING
Concerning land at the end of Bates Road, this is the first of three readings required for this ordinance in order to dedicate it for park and recreational use.
ORDINANCES AND RESOLUTIONS UNDER CONSENT:
ORDINANCE NO. 126-05 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PAY MANDATORY OHIO ENVIRONMENTAL PROTECTION AGENCY DISPOSAL FEES ENCUMBERED BY B.F.I. OF OHIO IN CONNECTION WITH SERVICES RENDERED IN THE REMOVAL OF GRIT AND SCREENINGS FOR THE ROCKY RIVER WASTEWATER TREATMENT PLANT
1ST READING
Mr. Gollinger noted that this ordinance has been discussed at the last meeting of the Committee-of-the-Whole. Because this is a mandatory EPA fee, the City has no choice but to pay this comparatively large increase. It will be retroactive to July.
ORDINANCE NO. 127-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH SPECIALIZED CONSTRUCTION INCORPORATED FOR THE 2005 CRACK & JOINT SEALING PROGRAM IN AN AMOUNT NOT TO EXCEED $44,500.00
1ST READING
This annual program was discussed last week by Mr. Linden. The amount to be spent is less than last year, and the same company was the successful bidder.
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the rule requiring that Ordinances 126-05 and 127-05 on the Consent Agenda be read on three separate days be suspended, and that the stated ordinances be placed upon their passage:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mr. Potterfield, that Ordinances 126-05 and 127-05 be passed as read:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that, at the request of the Law Director, an Executive Session be held immediately following the meeting to discuss a matter of imminent court action under Article X, Section 6, Subsection 3 of the Charter.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Gollinger indicated that he wished to schedule a public hearing on the issue of Railroad Quiet Zones. It was decided that the public hearing will be October 17, and Mr. Gollinger asked for appropriate publicity for affected residents.
Mr. Hagan praised Mr. Matty for insuring that there would be no out-of-pocket expenses for the City in the bond issuance. He thanked him for keeping an eye on the City's expenditures.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview read a statement indicating that he was glad that suspects had been arrested in the assault and robber of the 86-year-old resident. He urged residents to exercise caution when opening their doors. He proposed two additional ways to add to residents' protection: 1. The Rocky River Police Department should consider foot patrols for residential neighborhoods to spot problems before they become crimes. 2) The department should also consider bicycle patrols which would allow patrolmen to see more potential crime than in cars.
Brian Ruic, 20358 Westover, addressed the Supreme Court decision which permits local governments to make a decision as to whether to use eminent domain to buy property and turn it over to private enterprise for the greater good. Consulting persons he considered qualified, he feels that Council could support a change in the Charter which would prohibit any future Council from using eminent domain to take private property to be turned over to private enterprise. Noting that there is residential property on the lakefront or in the Yacht Club basin which could be made more profitable by the construction of commercial enterprises, he urged Council to insure that such a thing could never happen. He hopes for a member of Council who will help him to promote this idea for the citizenry.
As there was no further business by members of Council, the meeting was adjourned at 9:20 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 26, 2005. These minutes may be amended or revised at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
SEPTEMBER 26, 2005
PUBLIC HEARING - ORDINANCE NO. 128-05:
AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF BONDS
IN THE PRINCIPAL AMOUNT OF $1,350,000, FOR THE PURPOSE
OF MAKING A LOAN TO THE WEST SHORE UNITARIAN
UNIVERSALIST CHURCH FOR THE FINANCING OF THE COSTS
OF A "PROJECT" WITHIN THE MEANING OF CHAPTER 165,
OHIO REVISED CODE AND AUTHORIZING THE EXECUTION
AND DELIVERY OF A LOAN AGREEMENT, A BOND PURCHASE
AGREEMENT, AN ASSIGNMENT, AND OTHER INSTRUMENTS
AND DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF
THOSE BONDS, AUTHORIZING AND APPROVING CERTAIN
RELATED MATTERS, AND DECLARING AN EMERGENCY
The Public Hearing for Ordinance No. 128-05 was opened by Mrs. Bobst, President of Council, at 8:16 p.m.
Council Members present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Mr. Koran, Mr. Thomas
Law Director: Mr. Matty
Press: Mrs. McKenzie
The meeting was being recorded by a resident. Mrs. Bobst called upon Mr. Hurtuk, Chairman of Council's Finance Committee.
Mr. Hurtuk noted that there had been many explanations of the ordinance, and called for public comment in favor of or against the ordinance.
AUDIENCE PARTICIPATION: NONE
As there was no further public comment or comment from members of Council, Mr. Hurtuk moved to adjourn the Public Hearing. Mr. Hagan seconded, and following a unanimous vote, the hearing was adjourned at 8:20 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 Public Hearing of September 26, 2005. These minutes may be amended or revised at the next Legislative Meeting.