CITY OF ROCKY RIVER
OCTOBER 22, 2007
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. Long, Mr. Hagan
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. Long, that the reading of the minutes of the Legislative Meeting of October 8 and the minutes of the meeting of the Committee-of-the-Whole of October 15 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
MAYOR'S REPORT:
A schedule has been set for budget meetings with the directors which is in keeping with the planned completion of the 2008 budget. It should be forwarded to Council in mid-November.
On Friday, the Mayor, Director Koran and Phil Ardussi, President of the Rocky River Historical Society, met with two representatives of the Cleveland Restoration Society to discuss placing two areas of the City on the National Register of Historic Places. The representatives were knowledgeable about the process and they will forward additional information to the Administration. Their findings support the evaluation by the County.
The Mayor was pleased to report that tomorrow morning, the Rustic will reopen for business. This is their 60th anniversary year, and the restaurant has been missed by many.
The Pub Restaurant will open later this week on Detroit Road. The Mayor described it as a wonderful new investment in our community.
Lowe's will stock shelves beginning immediately and they anticipate opening their new store in time for the big shopping weekend at the end of November.
The Mayor was also pleased to report that social worker Kathy Gibel of the Senior Center has been recognized by the Lutheran Home and the Lutheran Foundation which presented her with the Professional Services Award for her excellent service to older adults in the community. The Mayor extended her congratulations to Ms. Gibel and commented that she is an integral part of the services provided by the City to its seniors. She makes many home visits and is very resourceful when it comes to helping them to obtain what they need.
As of yesterday, memberships at the expanded Don Umerley Civic Center have increased by 2400 new members, generating total membership sales of $236,683. Director Patterson anticipates that beginning November 1, there will be an additional influx of memberships because many expire at that time and it is the beginning of the month. The Mayor promised to continue to report on the numbers.
This weekend the City will host a regional fencing tournament. The Mayor said that those interested may wish to stop in at the Civic Center.
Red Ribbon Week, a national drug prevention advocacy program, will be celebrated here from October 23 to 31. With the assistance of Community Challenge, schools will be drawing attention to Red Ribbon Week, emphasizing prevention activities of alcohol and other drugs.
The Old River Merchants (across from Heinen's on Old Detroit) have scheduled another event. Two weeks ago they held a fundraiser which benefited the APL, raising more than $3200, plus the adoption of four dogs and three cats. This Saturday, for the Halloween season, they will host "Treats on the Street" , a fun time featuring a children's parade and costume contest as well as entertainment and refreshments. The Mayor applauded their efforts which benefit both the community and their businesses, and she wished them every success.
The Board of Health Contract will be presented to Council and the Mayor was happy to report that there has been no increase in the per capita charge. When that is presented, the Mayor will review the services provided for the City, noting that it would cost far more if the City were to try to provide similar services on its own. Further, when called, they are very responsive.
Discussion: Mr. Gollinger commented that it was gratifying to see Mrs. Gibel recognized by a fine organization. He has seen her professionalism in action with a neighbor, and added that the recognition was well deserved.
Mrs. Bartolozzi noted that with rising costs, it was remarkable that the Cuyahoga County Board of Health has not raised rates for this year.
LAW DIRECTOR'S REPORT:
Mr. Bemer reported that nine or ten members of the Administration attended the Attorney General's three-hour seminar regarding public records disclosure, records retention and open meetings last Monday morning. The Law Director had already submitted a policy as well as a summary of that policy which is being prepared for posting for Code compliance. Along with public records, the City passed a codified ordinance in 1995 which set the cost per copy at $.10 per page. Mr. Bemer's research which indicates that that figure runs counter to some court opinions as well as other practices around the state. He may ask Council to repeal that ordinance so that provisions of Section 140.43 as well as the policy concerning costs would prevail. Costs would be actual costs rather than a set figure. Any duplication of blueprints, photos or other materials which must be outsourced would be charged at actual cost.
In regard to Council's inquiry about their obligation to attend this seminar, the Law Director indicated that they do not have that obligation, but they may send their designee who would be responsible for updating or developing the policies. The two natural designees would be the Clerk of Council or the Finance Director because Council is the steward of the City's finances. Further, the Finance Director has attended the seminar.
Mr. Bemer added that attendees will receive updated Sunshine Law and open meeting publications.
The Law Director then discussed Ordinance 100-07, right-of-way legislation, noting that although it is currently on the agenda, he has continued to review ordinances from other communities, such as the City of Cleveland. He indicated that that legislation contains some interesting provisions that may be included, and pointed out that there is communication with all utilities who wish to aid in the process. He will continue to work on the final draft. Because there may be additions, he encouraged Council not to act on the legislation this evening.
The latest train report from Norfolk Southern shows an average of 4.9 trains per day. One day had nine trains, a figure which Mr. Bemer has not seen in the last two years. Of the 30 days in September, 18 exceeded 4.9 trains per day.
Discussion: Mr. Hunt asked if there has been any word on the Quiet Zone from Norfolk Southern. The Law Director responded that there has been no word. He will check with Mr. Mackay to see if there is an update.
Mr. Gollinger, addressing public records, asked if, under today's provisions, research costs, typically the largest component, can be factored into the costs. Mr. Bemer said that they could not. As public servants, this is part of the job. The response is to be prompt and reasonable, based upon the circumstances. If asked for 10,000 copies, for example, the requestor may be notified of the City's ability to respond, and the cost is borne by the City. Responding to further questions from Mr. Gollinger about the time factor, Mr. Bemer said that in the example above, it may be reasonable to dedicate one hour a day to the project; the request need not or cannot disrupt the normal day-to-day operations. As time allows, however, it must be done.
Mr. Long asked where the dates of the seminar are available. The Mayor indicated that they are posted on the Attorney General's website.
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS:
Mr. Hagan noted that next Monday is the fifth Monday of the month and there will be no meeting of the Rocky River City Council. There will be, however, a League of Women Voters Candidates Night at the Don Umerley Civic Center at 7:00 p.m. The public is invited to hear from the candidates.
AUDIENCE PARTICIPATION:
Brian Ruic, 20358 Westover, spoke about Ordinance No. 103-07 which authorizes the purchase of tires on the open market. He suggested an addendum to exclude Chinese-manufactured tires because of recent problems, asserting that many problems are not yet apparent, but will be in the future.
ORDINANCE NO. 95-07 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE CHANGING CHAPTER 1163 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING PROJECTING SIGNS AND TEMPORARY BUSINESS SIGNS, BY AMENDING SECTIONS 1163.01, 1163.04, 1163.05, 1163.06 1163.09, AND 1163.11 AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
Mr. Gollinger indicated that this ordinance has had a first reading and been forwarded to the Planning Commission. Because he had to leave the Commission meeting before resolution, he asked the Law Director for an update. Mr. Bemer explained that the Planning Commission began its review, but it was tabled until next month's meeting. A question was raised about a modification already presented to Council that was an issue of form to assure that all the definitions of the types of permitted signage which exist as well as those being modified under 1163.01 are presented in the exhibit rather than only those modified. For purposes of clarity, he made the recommended change. It would not affect the existing ordinances, but for clarification in Exhibit "A", for comparison purposes of all the definitions, he thought it was a good idea.
RESOLUTION NO. 99-07 BY BRIAN A. HURTUK
AN EMERGENCY RESOLUTION REQUESTING THE COUNTY AUDITOR TO ADVANCE TAXES FROM THE PROCEEDS OF ALL TAX LEVIES AND SPECIAL ASSESSMENTS FOR THE YEAR 2008 PURSUANT TO THE OHIO REVISED CODE
1ST READING
Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi and Mr. Long, that the rule requiring that Resolution No. 99-07 be read on three separate days be suspended, and that Resolution No. 99-07 be placed upon its passage:
Discussion: Mr. Hurtuk explained that this is a cash management resolution and the balance is in favor of the City, so he would not recommend three readings.
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 Mrs. Bartolozzi and Mr. Long, that the Resolution No. 99-07 be passed as read:
Discussion: This resolution requests that the County Treasurer distributes funds as collected rather than the end of the period. The City can then invest it appropriately.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 100-07 BY JAMES W. MORAN
AN ORDINANCE TO AMEND PART NINE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, OHIO TO INCLUDE A NEW CHAPTER 913 TITLED RIGHTS OF WAY ADMINISTRATION
1ST READING
Mr. Moran noted that Law Director Bemer brought to Council's attention the fact that some issues remain and that other ordinances may be reviewed, he proposed holding the ordinance for further information and discussion.
RESOLUTION NO. 101-07 BY BRIAN F. HAGAN
AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPORTATION COOPERATIVE PURCHASING PROGRAM FOR THE YEARS 2008-2009
1ST READING
Mr. Hagan indicated that this resolution will be discussed further at the next meeting of the Committee-of-the-Whole on November 5 and he will call for a vote on November 12.
RESOLUTION NO. 102-07 BY BRIAN A. HURTUK
RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR AND DECLARING AN EMERGENCY
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Long, that the rule requiring that Resolution No. 102-07 be read on three separate days be suspended, and that Resolution No. 102-07 be placed upon its passage:
Discussion: Mr. Hurtuk explained that this resolution must be submitted soon to the County so that he is notified that the City accepts the property tax rates.
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. Long, that the Resolution No. 102-07 be passed as read:
Discussion: This resolution accepts the property tax rates. The millage is currently 10.9 and was changed by 1 mill to service the bonds for the Civic Center improvement, an issue which was on the ballot and passed by the voters. This resolution notifies++ the County Auditor that the millage is accepted.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 103-07 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, 2008 TO DECEMBER 31, 2008
1ST READING
This will be discussed at the Committee-of-the-Whole on November 5 and the vote called on November 12.
ORDINANCE NO. 104-07 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, 2008 TO DECEMBER 31, 2008
1ST READING
Again, this will be discussed at the next meeting with the vote on November 12.
ORDINANCE NO. 105-07 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FOR THE YEAR 2008 FERRIC CHLORIDE FOR THE WASTEWATER TREATMENT PLANT FROM KEMIRA WATER SOLUTIONS, INC. AT $308.35 PER DRY TON
1ST READING
Mr. Hunt commented that this series of ordinances, which authorizes the purchase of chemicals and services for the Wastewater Treatment Plant, will be held for discussion at the meeting of the Committee-of-the-Whole on November 5 with the vote called for November 12.
ORDINANCE NO. 106-07 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FOR THE YEAR 2008 SERVICES FOR THE REMOVAL OF DIGESTED LIQUID SLUDGE FROM THE WASTEWATER TREATMENT PLANT FROM AGRI-SLUDGE, INC. AT A COST OF $0.0975 PER GALLON
1ST READING
See discussion for Ordinance No. 105-07.
ORDINANCE NO. 107-07 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FOR THE YEAR 2008 SODIUM HYPOCHLORITE FOR THE WASTEWATER TREATMENT PLANT FROM JCI JONES CHEMICALS, INC. AT $0.534 PER GALLON
1ST READING
See discussion for Ordinance No. 105-07.
ORDINANCE NO. 108-07 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE FOR THE YEAR 2008 TO PURCHASE SODIUM BISULFITE FOR THE WASTEWATER TREATMENT PLANT FROM JCI JONES CHEMICALS, INC. AT $0.77 PER GALLON
1ST READING
See discussion for Ordinance No. 105-07.
ORDINANCE NO. 109-07 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE YEAR 2008 FOR THE REMOVAL OF DIGESTED SLUDGE CAKE FROM THE WASTEWATER TREATMENT PLANT FROM YAWORSKY FARMS AT A COST OF $12.98 PER TON
1ST READING
See discussion for Ordinance No. 105-07.
ORDINANCE NO 110-07 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE YEAR 2008 FOR THE REMOVAL OF RAW SEWAGE SLUDGE FROM THE WASTEWATER TREATMENT PLANT FROM AGRI-SLUDGE, INC. AT A COST OF $39.25 PER TON
1ST READING
See discussion for Ordinance No. 105-07.
ORDINANCE NO. 111-07 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE YEAR 2008 FOR THE REMOVAL OF DIGESTED SLUDGE CAKE TO A LANDFILL FOR THE WASTEWATER TREATMENT PLANT FROM AGRI-SLUDGE INC. AT A COST OF $37.75 PER TON
1ST READING
See discussion for Ordinance No. 105-07.
Mr. Hagan noted that members of Council have received breakdowns of all bids for the above ordinances from the Safety-Service Director's office. The report included definitions, chemical usage, locations and noted that Superintendent Harrington would be happy to respond to any questions.
ORDINANCES UNDER CONSENT:
ORDINANCE NO. 97-07 BY JAMES W. MORAN
AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE MEALS FOR THE ROCKY RIVER JAIL FACILITY AT A COST OF $21.00 PER DAY PER PRISONER ($7.00 PER MEAL) WITH A $1.00 DELIVERY CHARGE WHEN LESS THAN FOUR (4) MEALS ARE ORDERED FROM MICHAEL'S FAMILY RESTAURANT, ROCKY RIVER, OHIO
1ST READING
Mr. Moran noted that for more than 10 years, Michael's Restaurant has delivered meals to the jail. Neither the meal nor the delivery charge has gone up, and in addition, it was the best and only bid.
ORDINANCE NO. 98-07 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, 2007 AND TO AMEND ORDINANCE NOS. 154-06; 11-07 AND 77-07
1ST READING
This ordinance of supplemental appropriations authorizes the rebalancing of accounts.
Moved by Mr. Hagan, seconded by Mr. Long, 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. Hunt and Mr. Long, 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: NONE
AUDIENCE PARTICIPATION: NONE
As there was no further business by members of Council, the meeting was adjourned at 8:39 p.m.
_____________________________ _______________________________
Brian F. Hagan Misao Kurokawa
President of Council Clerk of Council