CITY OF ROCKY RIVER
OCTOBER 23, 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. Hurtuk, Mrs. Bartolozzi,
Mr. Long, Mr. Hagan
Absent: Mr. Hunt
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 October 9 and the meeting of the Committee-of-the-Whole of
October 16 be waived, and that the minutes be accepted as submitted.
Vote: Gollinger - aye* Moran - aye Hurtuk - aye*
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
*Mr. Gollinger and Mr. Hurtuk abstained on the vote of the minutes of October 16.
MAYOR'S REPORT:
The long-awaited screw pumps for the WWTP have been received, put in place and should be operational in approximately 10 days.
The CERT (Community Emergency Response Team) exercise was very successful with 48 participants, 28 of whom were from Rocky River. The training session was followed by a search and rescue operation in the Metroparks, simulating the search for a lost child. The exercise was successful, and there was positive feedback about the quality of the training.
A report has been received from the Cleveland Restoration Society concerning the Heritage Home Loan Program. From January 1 through September 30 of this year, 14 residents have contacted the agency regarding project loans and technical advice. Five loans have resulted to date, totaling $274,000 of community reinvestment. Four additional loans are pending.
The public notice has been posted for the Police Auction which will be Saturday, November 4. Among sale items will be bicycles, computers and other office equipment and two lots of lampposts.
In last Tuesday's Plain Dealer, a community profile of Rocky River was featured in the Mosaic section. It was a very positive article and accurately portrayed the City in a good light.
The Community Federation was convened last week with representatives of civic organizations meeting to maximize their efforts and utilize resources. The group will move forward with a community calendar which will be displayed on the City's website. The Mayor noted that it speaks to the many activities available to residents that coordinating events has become a problem. She indicated that the calendar should be available after the first of the year.
A brief ceremony and dedication will be held for the new receptacle in which residents may place American flags which are no longer fit to be displayed and which they wish to discard. This was made possible through an Eagle Scout project. The ceremony will be held at 10:30 a.m. on Veterans' Day which is Saturday, November 11, at the site of the receptacle, near the fire station recycling bins.
The Mayor then turned to Mr. Thomas, the Finance Director, who explained that the Central Collection Agency (CCA), which collects income taxes on behalf of the City, will hold two sessions during which those who have been notified by the City that they have not filed returns in the last two years may meet with representatives to resolve payment issues. The sessions have been scheduled for November 29 and December 6 from l:00 to 7:00 p.m.
LAW DIRECTOR'S REPORT:
Last Friday, Mr. Bemer represented our City at a meeting of the West Shore Corridor Regional Rail Stakeholders, held on the LCC campus. The keynote speaker, from Chicago, discussed the benefits of commuter rail service. The Chicago system encircles the city with five hubs providing service into the downtown area. The rail service is based primarily upon three foundations: most important are residential areas which are found within a half mile or less of the depot. The second anchors are community centers such as museums, libraries or venues for the performing arts. Finally, the third driving factor is retail. Parking for users of the system is also an issue.
Asked for a summary of Rocky River's position, Mr. Bemer indicated to the Rail Stakeholders that, at this point, discussions are in their infancy. Council has not yet had the opportunity to study the issue. Funding is a key component. The main presenter indicated that federal funding will not be available, and that any projects must have private or local funding. The figure of $3 million was presented to begin the process and conceptual discussions. At present, Rocky River's focus is on the Quiet Zone and the costs associated with it.
Earlier in the week, Mr. Bemer met with the Law Directors of Lakewood and Bay Village to discuss their joint positions as applied to the 1998 agreement with Norfolk-Southern. The three cities were in 100% agreement that the integrity of the agreement must be preserved. Lakewood strongly advocated for a community rail service and has discussed with Norfolk-Southern their belief that this would be a boon to Lakewood development. A typical commuter train would consist of two or three cars with a 45 to 50-second stop at crossings.
The latest report from Norfolk-Southern indicated that traffic has increased. On September 13 and 20, there was a high of eight trains passing through the City and a low of two on the 22nd. The average is five trains per day.
COMMITTEE REPORTS:
Safety Committee: Mr. Moran indicated that his committee will meet on November 6 at 6:00 p.m.
COMMUNICATIONS AND ANNOUNCEMENTS:
Mr. Hagan has received a letter from Airport Director Ricky Smith inviting City representatives to a meeting on November 9 at 2:00 p.m. at the airport to discuss, among other things, the third quarter noise report.
Mr. Hagan announced that Council will hold a public hearing on November 6 at 7:00 p.m. At that meeting representatives of RCL (Railroad Controls Limited) will be present to answer questions. RCL is the company which prepared the draft report of the Quiet Zone Evaluation on August 28, 2006.
Mr. Hagan then extended Council's congratulations to Perry McAninch who has attained the rank of Eagle Scout. Perry, a RRHS sophomore, has earned 23 merit badges, and as his Eagle Scout project, coordinated volunteers who collected $1400 in supplies for the City Mission. Mr. Hagan outlined Perry's academic, musical and athletic achievements and congratulated him on this great achievement.
AUDIENCE PARTICIPATION: NONE
There were no requests for changes to the Consent Agenda.
ORDINANCE NO. 123-06 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
Moved by Mr. Moran, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 123-06 be read on three separate days be suspended, and that Ordinance No. 123-06 be placed upon its passage:
Discussion: Mr. Moran noted that Michael's has been successfully providing meals for 12 years. Since he has submitted the only bid, Mr. Moran said that he sees no reason to delay passage.
Vote: Gollinger - aye Moran - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Moran, seconded by Mr. Gollinger, that Ordinance No. 123-06 be passed as read:
Discussion: Mr. Moran has spoken to Safety-Service Director Linden and others, and he has concluded that there is no reason to delay passage. Mr. Gollinger asked if the City can be reimbursed for these meals. Mr. Bemer said that reimbursement is possible for persons arrested under State statues, but the City is responsible for prisoner meals for those arrested under the City's code.
Vote: Gollinger - aye Moran - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 124-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR OR THE SAFETY SERVICE DIRECTOR TO GRANT CONSENT TO THE OHIO DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS ON U.S. 6A RAMP C - MARION RAMP BRIDGES
1ST READING
Moved by Mr. Hagan, seconded by Mr. Long, that the rule requiring that Ordinance No. 124-06 be read on three separate days be suspended, and that Ordinance No. 124-06 be placed upon its passage:
Discussion: Mr. Hagan noted that passage of this ordinance will allow ODOT to go to bid so that repairs can be made to this bridge in the spring. He further noted that there will be no cost to the City, and he said there was no reason to delay.
Vote: Gollinger - aye Moran - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No. 124-06 be passed as read:
Discussion: Mr. Hagan turned to Mr. Linden who explained that this bridge is in dire straits. Since the State has offered, via a letter on 9/29/06 from Dale Schiavoni of ODOT, to make the repairs without cost to the City, he would like to take advantage of their offer before it is withdrawn. Mayor Bobst thanked Mr. Linden for his hard work in bringing this project to the attention of the State.
Vote: Gollinger - aye Moran - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 125-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO RENEW THE HEALTH CONTRACT FOR THE YEAR 2007 WITH THE GENERAL HEALTH DISTRICT OF CUYAHOGA COUNTY, OHIO FOR SERVICES TO THE CITY OF ROCKY RIVER, IN THE AMOUNT OF $3.60 PER CAPITA, NOT TO EXCEED SEVENTY-FOUR THOUSAND SIX HUNDRED FORTY-SIX DOLLARS ($74,646.00)
1ST READING
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 125-06 be read on three separate days be suspended, and that Ordinance No. 125-06 be placed upon its passage:
Discussion: Mr. Hagan explained that the ORC requires that the City provide health services to its residents. Rocky River has no health department, instead contracting with the County to provide citizens with this service. There have been no complaints, and Mr. Hagan indicated that he saw no reason to delay this legislation.
Vote: Gollinger - aye Moran - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Gollinger, that Ordinance No. 125-06 be passed as read:
Discussion: The Mayor commented that this fee represents a 7% increase. The last increase was in 2004 for 2005. Comparisons of the new rate with that paid by other cities shows that many municipalities pay much higher rates. She further noted that the Board is working on a pandemic flu response and has worked on other illnesses that have struck in our area. This is a plan that is needed by the City because the service would be much more expensive if Rocky River were to start its own health department to comply with the ORC. Mr. Gollinger agreed that the dollar value is evident. He praised their immediate responsiveness to problems and their ability to find solutions. The City cannot come close to duplicating this service at this cost.
Vote: Gollinger - aye Moran - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCES AND RESOLUTIONS UNDER CONSENT:
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
2ND READING
As discussed last week, this ordinance and the one which follows will authorize the purchase of automotive supplies on the open market which saves money. This policy has been in effect for over 12 years and has proved to be a good tool.
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
2ND READING
See discussion for Ordinance No. 116-06.
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
2ND READING
Mr. Hurtuk noted that a 2006 budget item regarding compensation for the Law Director raised a question which was ruled upon in an independent opinion from the State Auditors. This ordinance will create an official record.
RESOLUTION NO. 120-06 BY BRIAN A. HURTUK
A RESOLUTION REQUESTING THE COUNTY AUDITOR TO ADVANCE TAXES FROM THE PROCEEDS OF ALL TAX LEVIES AND SPECIAL ASSESSMENTS FOR THE YEAR 2007 PURSUANT TO THE OHIO REVISED CODE AND DECLARING AN EMERGENCY
1ST READING
Mr. Hurtuk explained that this resolution authorizes a cash management solution.
RESOLUTION NO. 121-06 BY BRIAN F. HURTUK
A RESOLUTION ACCEPTING AMOUNTS AND RATES DETERMINED BY THE CUYAHOGA COUNTY BUDGET COMMISSION AND CERTIFYING THEM TO THE CUYAHOGA COUNTY AUDITOR AND DECLARING AN EMERGENCY
1ST READING
This housekeeping legislation forwards amounts and rates to the County Auditor and accepts those rates for next year.
ORDINANCE NO. 122-06 BY THOMAS HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY SERVICE DIRECTOR TO ACCEPT THE FOLLOWING NAME CHANGE: KEMIRON COMPANIES, INC. RENAMED TO: KEMIRA WATER SOLUTIONS, INC. - FOR THE PURCHASE OF FERRIC CHLORIDE FOR THE REMAINDER OF 2006, FOR THE WASTEWATER TREATMENT PLANT AT A COST OF $258.00 PER DRY TON
1ST READING
As discussed last week at the meeting of the Committee-of-the-Whole, this ordinance approves a name change for the supplier of ferric chloride. There would be no other changes in the contract.
Moved by Mr. Hagan, seconded by Mr. Long, that the rule requiring that the ordinances and resolutions of the Consent Agenda be read on three separate days be suspended, and that the legislation be placed upon its passage:
Vote: Gollinger - aye Moran - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the legislation of the Consent Agenda be passed as read:
Vote: Gollinger - aye Moran - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Hagan noted that the Ohio Division of Liquor Control Council has forwarded a request for a new liquor license at 2216 Wooster Road. Det. Gulas of the Police Division has notified Council that there is no objection to this permit. Mr. Hagan asked Mr. Gollinger, Councilman for the area, who requested more information and further discussion at the next meeting of the Committee-of-the-Whole.
Mr. Gollinger thanked the Mayor for her efforts to resolve the Lakewood Dog Park issue as reported in the minutes of the last meeting. He was pleased to see that there was dialogue between the Mayor and Mayor George of Lakewood and he was happy that Mayor George has acknowledged that there is an issue that needs resolution. He asked the Mayor to keep Council updated on any further progress.
Mrs. Bartolozzi confirmed that the hours for Trick or Treat on Halloween will be 6 p.m. to 8 p.m.
Mr. Hagan announced that on Friday evening at the high school, the Pirates and Fairview Park Warriors will meet to determine the WestShore championship.
AUDIENCE PARTICIPATION:
Carol Buddie, 18540 High Parkway, said she wished to comment on the Lakewood Dog Park, and voice her frustration. Noting that residents have been awakened and disturbed by barking for four summers, she asserted that she would like to live in her house for another 30 years and that something must be done now. She felt that she and her neighbors have a right to peace and quiet in their yards and homes, and complained that the noise from the park can be heard through closed doors. She pointed out that she has circulated petitions, written letters, spoken to officials, and has seen no results as yet. She commented that because Lakewood cannot find another location does not make it right for the disturbance to continue. She has found that when the Lakewood police are called, they do not send a car, but say that they will refer complaints to the Law Director. She does not want a "band-aid", but instead, she wants the park closed.
Fred Sokol, 20021 Parkview, agreed with Mrs. Buddie and supported her point of view on the dog park.
Second, in regard to comments made by the Law Director pertaining to commuter rail service, he noted that he has been commuting to downtown for over 38 years, and the thought of taking a train arouses his interest. Assuming that other communities are supporting the project, he would like to see Rocky River move forward and present the proposal to residents, particularly those who live close to the tracks for consensus. For the record, he is in favor of rail service.
Tim Piai, 20095 Bonnie Bank Blvd., observed that with the sale of the abandoned house on Bonnie Bank, residents' three major issues are moving in the right direction. He thanked all who contributed to the progress, particularly Council, because he felt that things happened after Council involvement. He noted, however, that Project Lightspeed is still in limbo and that although some eyes have become accustomed to the large boxes on the street, visiting friends and relatives have reminded street residents by pointing them out, so the issue is still fresh.
Finally, he announced that the street now has a website to keep street residents informed. They plan to encourage questions which would be forwarded to City Hall and answers available for all.
As there was no further business by members of Council, the meeting was adjourned at 8:43 p.m.
_____________________________ _______________________________
Brian F. Hagan Misao Kurokawa
President of Council Clerk of Council