CITY OF ROCKY RIVER
OCTOBER 9, 2006
Regular meeting of Council was called to order by Mr. Hagan, President of Council, at 8:00 p.m.
Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Long, Mr. Hagan
Administration: Mayor Bobst, Mr. Linden, Mr. Thomas
Law Director: Mr. Bemer
Press: Mrs. McKenzie, Ms. Mitchell
The meeting was opened with the Pledge of Allegiance.
MOTION:
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the reading of the minutes of the Legislative Meeting of September 25 and the meeting of the Committee-of-the-Whole of
October 2 be waived, and that the minutes be accepted as submitted.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye*
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
*Mr. Hurtuk abstained on the vote of the minutes of September 25.
MAYOR'S REPORT:
Saturday morning's community Shred-It Day was very successful. For those unable to attend, another event will be scheduled in the spring. The date will be announced as it draws nearer.
The e-mail update program in which residents register their names and e-mail addresses to receive regular updates from the City is off to a good start. In fact, 34 residents registered before the program was formally announced in the newsletter, having read information on the City's website. The Mayor encouraged residents to participate so that they will have timely information from the City.
In construction updates:
The County has forwarded information on a foreclosure prevention program through the Cuyahoga County Department of Development. The program will assist borrowers with private counseling free of charge. Interested residents may call 211, the County's first call for help, and they will be assisted through that line.
Three police officers, Ptl. Kenneth Thompson, Ptl. Craig Witalis and Ptl. David Kenney, have been nominated by Chief Wagner for the American Red Cross Heroes Award for their actions during the Heritage House fire. The City wanted to recognize the patrolmen who were first respondents to the fire in the early morning hours. The Mayor has received a letter from Donald Noss to these officers whom he credits with saving his life and that of his wife as they were trapped in the building. The Mayor read the letter (Exhibit "A") which expresses their deep gratitude. Mayor Bobst thanked Ptl. Kenney, who was in attendance, and his two fellow patrolmen. She also expressed appreciation for the heroic efforts of City firefighters and others who responded through the City's mutual aid pact.
LAW DIRECTOR'S REPORT:
Mr. Bemer was pleased to announce that the litigation remaining from the Center Ridge Road project several years ago was brought to a favorable conclusion for the City, and that he was able to present a check to Mr. Thomas. Because of a confidentiality specification, he was unable to disclose the amount of the settlement.
Next Monday, the Mayor will meet with the Law Directors of Bay Village and Lakewood to discuss ramifications of commuter rail traffic through their cities. A meeting, chaired by Ken Prendergast will be held October 20 to address the issue.
Finally, the Law Director congratulated Ptl. Kenney, noting that in his short time with the City, he has found him to be a most engaging young man, representative of Rocky River's finest. He called the recognition "well-deserved" and his actions above the call of duty.
COMMITTEE REPORTS:
Planning, Zoning and Economic Development Committee: Mr. Gollinger indicated that the BZA will meet October 12 to hear the nine items on its agenda. He encouraged members of his committee to attend if possible. He noted that he had been unable to attend the special meeting regarding Steelhead Cove. He is currently reviewing information and hopes to discuss this next week.
COMMUNICATIONS AND ANNOUNCEMENTS:
President Hagan noted that two e-mails had been received and will be placed in the journal at the request of Mr. Hurtuk: the first came from Jeff & Meg Barbalics of Cleveland (Exhibit "B"), and the second from Steve Peplin of Rocky River (Exhibit "C"). Both support the Lakewood Dog Park.
Mr. Moran mentioned that a luncheon will be held tomorrow for volunteers of the Rocky River Meals on Wheels program. Mr. Moran praised the efforts of the 94 volunteers who bring two meals per day, five days a week, to residents unable to prepare their own food. Tomorrow a check for $800, the proceeds of the Fun Run organized by the Republican and Democratic clubs of Rocky River, will be presented to organizers Karen Dickman and Marta Wells.
AUDIENCE PARTICIPATION: NONE
ORDINANCE NO. 115-06 BY BRIAN A. HURTUK
AN ORDINANCE DESIGNATING PUBLIC DEPOSITORIES FOR THE ACTIVE, INTERIM, AND/OR INACTIVE FUNDS OF THE CITY OF ROCKY RIVER FOR THE PERIOD OF FIVE YEARS FROM NOVEMBER 1, 2006 AND ENDING OCTOBER 31, 2011 AND DECLARING AN EMERGENCY
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 115-06 be read on three separate days be suspended, and that Ordinance No. 115-06 be placed upon its passage:
Discussion: Mr. Hurtuk explained that this ordinance will give the City the ability to have more banks competing for its business. Since this could mean additional interest, he concluded that there is no reason to delay passage for six weeks.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that Ordinance No. 115-06 be passed as read:
Discussion: Current bank agreements are expiring at the end of October. This five-year agreement will provide for three banks to handle City funds in addition to those now approved. Mr. Hurtuk noted that although National City and 5/3 Bank currently handle regular City business, there will be a more competitive spread as a result of this ordinance. Mr. Gollinger agreed, noting that each of these banks has a Rocky River presence.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 116-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE TIRES ON THE OPEN MARKET AT THE BEST PRICES POSSIBLE FOR THE PERIOD JANUARY 1, 2007 TO DECEMBER 31, 2007
1ST READING
This ordinance was read for the first time and will be discussed at the next meeting of the Committee-of-the-Whole. Mr. Hagan indicated he would entertain passage in two weeks.
ORDINANCE NO. 117-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE GASOLINE, FUEL OIL AND ALLIED PRODUCTS ON THE OPEN MARKET AT THE BEST PRICES POSSIBLE FOR THE PERIOD JANUARY 1, 2007 TO DECEMBER 31, 2007
1ST READING
This ordinance was also read for the first time. (See discussion for Ordinance No. 116-06.)
ORDINANCE NO. 118-06 BY THOMAS T. LONG
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE THREE (3) 2007 FORD CROWN VICTORIAS FOR THE POLICE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM STATEWIDE FORD LINCOLN MERCURY, INC. AT A COST NOT TO EXCEED $66,652.08
1ST READING
Moved by Mr. Long, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 118-06 be read on three separate days be suspended, and that Ordinance No. 118-06 be placed upon its passage:
Discussion: This annual ordinance will authorize purchase of new cars for the Police Division to provide for rotation of the core of cars. Mr. Long indicated that the purchases will be made under the State Cooperative Purchasing Act to obtain a good price to replace the most troubled cars of the fleet.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
Moved by Mr. Long, seconded by Mrs. Bartolozzi, that Ordinance No. 118-06 be passed as read:
Discussion: Line cars are in daily operation, and although they have 70,000 to 100,000 miles, the engine actually takes more wear and tear because of idling, etc. Time is of the essence because if the cars are ordered now, they will be received in January or February. Mr. Linden, responding to a Council question, noted that of the three cars replaced, one will be rotated to another City use and the other two are not suitable for City use.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 119-06 BY BRIAN A. HURTUK
AN ORDINANCE AMENDING ORDINANCE NO. 76-05 BY REPEALING SECTION 3 OF SAID ORDINANCE AND DECLARING AN EMERGENCY
1ST READING
Mr. Hurtuk noted that correspondence on the topic had been distributed to Council members, and he will discuss the matter next week. He indicated that questions may be addressed to the Finance Director or the Law Director.
ORDINANCES UNDER CONSENT:
ORDINANCE NO. 112-06 BY BRIAN A. HURTUK
AN ORDINANCE APPROVING CERTAIN FUND TRANSFERS FROM THE GENERAL FUND TO VARIOUS OTHER FUNDS AND DECLARING AN EMERGENCY
2ND READING
As discussed at the meeting of the Committee-of-the-Whole, the state auditors recommended that transfers be documented as they occur. Mr. Hurtuk indicated that this ordinance will comply with their recommendation and provide for proper public documentation of the transfers.
ORDINANCE NO. 114-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO A CONTRACT WITH NORTHEAST OHIO TRENCHING SERVICES FOR THE ROSLYN STORM AND SANITARY SEWER REPAIR PROJECT IN AN AMOUNT NOT TO EXCEED $512,473.00
1ST READING
This ordinance was discussed at length last week, and Mr. Hagan noted that the video of the sewer indicated that work is needed. Mr. Linden has provided itemization of bid items as requested.
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 Long - aye Hagan - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the ordinances of the Consent Agenda be passed as read:
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Hagan noted that a request for transfer of a liquor license at 2252 Wooster, from Special Editions to Duet, LLC, has been received from the Ohio Division of Liquor Control. Det. Gulas of the Police Division has notified Council that there is no objection to the transfer of the permit. Mr. Hagan asked Mr.Gollinger, Councilman for the area, who noted that he also had no objection. The consensus was not to request a hearing.
AUDIENCE PARTICIPATION:
Kevin Connors, 20061 Bonnie Bank Blvd., commented on the Lakewood Dog Park, (against noise), the trains (against noise, but aware of the high cost of implementing a Quiet Zone), and against AT&T for the design of its Lightspeed boxes. He is not in favor of the City's self-imposed moratorium on building them, and thinks that the City should be more proactive in preventing further installations until the matter is resolved.
Fred Sokol, 20021 Parkview, spoke on the Lakewood Dog Park. He praised Mr. Gollinger and Mr. Hurtuk for speaking for residents. He suggested that all dogs be required to wear soft and loose dog muzzles, which would eliminate barking and solve the problem for residents. Noting that noise problems with a dog park are inevitable because of the density of the population in the area, (78,000 residents in Rocky River and Lakewood), he encouraged Rocky River to continue to push for resolution.
David Kenney, RRPD, thanked the Mayor and Council for their kind words. He asserted that it was his pleasure to serve the citizens of this community and said that he hoped to do so for many years.
As there was no further business by members of Council, the meeting was adjourned at 8:34 p.m.
_____________________________ _______________________________
Brian F. Hagan Misao Kurokawa
President of Council Clerk of Council