DRAFT

CITY OF ROCKY RIVER

NOVEMBER 14, 2005

Regular meeting of Council was called to order by Mr. Hurtuk, President Pro Tem of Council, at 8:00 p.m.

Council Members Present: Mr. Gollinger, Mr. Frost, Mr. Hurtuk, Mrs. Bartolozzi,

Mr. Hagan,

Absent: Mr. Potterfield, Mrs. Bobst

Administration: Mr. Linden, Mr. Thomas

Law Director: Mr. Matty

Press: Mrs. McKenzie

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

In the absence of the Mayor, Mr. Linden discussed the City's insurance issues. Bids this year have ranged from $216,000 to $188,000. The lower bid is almost $100,000 less than last year's cost.

• Insurance for the WWTP will be $2000 higher than last year at $50,000.
  
  
• Insurance for the Court also required bids because of increases in personal property and the liability needs necessitated by the hiring of guards. For the full year, the rate will be about $10,000, which is close to last year's $7000 for part of the year.
  
  
• Further information will be in packets this week. Ordinances will be forthcoming, and Mr. Linden indicated that he hopes for passage on December 12. With that information, Mr. Hurtuk requested last year's rates as well as this year's proposals.

LAW DIRECTOR'S REPORT:

Mr. Matty reported that in the case of Ann Natale vs. the City, he has received notification that the case against the City has been dismissed because the plaintiff's attorney failed to file required documents in a timely manner to meet the Court deadline. The case may be refiled next year, but for the present, it has been dismissed.

COMMITTEE REPORTS:

Finance Committee: Mr. Hurtuk announced that his committee would like to meet in early December. He asked that other committee chairmen who plan to meet file their dates by next week to facilitate scheduling.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

AUDIENCE PARTICIPATION: NONE

Before turning to the Legislative Agenda, Mr. Hurtuk noted that with five Council members present, passage of ordinances not already read twice would not be possible. This applies to all items on tonight's agenda.

ORDINANCE NO. 136-05 BY BRIAN F. HAGAN

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH GEOTECH SERVICES, INC. FOR EMERGENCY REPAIR OF A PUBLIC STORM SEWER AT A COST NOT TO EXCEED $92,050.00 AND DECLARING AN EMERGENCY

2ND READING

This ordinance was discussed at the last Committee-of-the-Whole. Mr. Hagan requested that the ordinance be placed on the Consent Agenda.

ORDINANCE NO. 145-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH METCALF & EDDY OF OHIO, INC. FOR INSPECTION SERVICES REQUIRED FOR THE RECYCLE PUMP REPLACEMENT PROJECT AT A COST NOT TO EXCEED $21,500.00

1^ST READING

This ordinance was discussed last week, and Mr. Gollinger asked that it be placed on the Consent Agenda.

ORDINANCE NO. 150-05 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, 2006 TO DECEMBER 31, 2006

1^ST READING

This ordinance will be discussed at the next Committee-of-the-Whole. Mr. Hagan asked about other alternatives, and Mr. Linden responded that tires may be purchased under the State Cooperative Purchasing Act, but that purchasing on the open market is less expensive.

ORDINANCE NO. 151-05 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, 2006 TO DECEMBER 31, 2006

1^ST READING

This ordinance will also be discussed next week at the Committee-of-the-Whole.

RESOLUTION NO. 152-05 BY BRIAN A. HURTUK

A RESOLUTION APPROVING A CERTAIN FUND TRANSFER FROM THE GENERAL FUND TO THE SENIOR CENTER FUND AND DECLARING AN EMERGENCY

1^ST READING

This resolution, with the six which follow it, were generated upon the advice of the Auditor of State. Director of Finance Thomas explained that the resolutions approve transfers from the General Fund to various other funds within appropriations made by Council earlier this year.

• Mr. Hurtuk further explained that during the year, transfers of funds are needed. It is important to show the specific amounts during the year as they occur before the transfer is made.
• Mr. Gollinger asked if separate resolutions are required, or whether all can be done on one resolution. Mr. Thomas explained that this was done upon the recommendation of Law Director Matty. In the event that one transfer is not authorized, then it can be eliminated without destruction of the resolution. Mr. Hurtuk, Chairman of the Finance Committee, agreed.

All of these resolutions will be placed on the Consent Agenda.

RESOLUTION NO. 153-05 BY BRIAN A. HURTUK

A RESOLUTION APPROVING A CERTAIN FUND TRANSFER FROM THE GENERAL FUND TO THE MARINE PATROL FUND AND DECLARING AN EMERGENCY

1^ST READING

See discussion for Resolution 153-05.

RESOLUTION NO. 154-05 BY BRIAN A. HURTUK

A RESOLUTION APPROVING A CERTAIN FUND TRANSFER FROM THE GENERAL FUND TO THE REFUSE & RECYCLING FUND AND DECLARING AN EMERGENCY

1^ST READING

See discussion for Resolution 153-05.

RESOLUTION NO. 155-05 BY BRIAN A. HURTUK

A RESOLUTION APPROVING A CERTAIN FUND TRANSFER FROM THE GENERAL FUND TO THE MUNICIPAL MOTOR VEHICLE LICENSE FUND AND DECLARING AN EMERGENCY

1^ST READING

See discussion for Resolution 153-05.

RESOLUTION NO. 156-05 BY BRIAN A. HURTUK

A RESOLUTION APPROVING A CERTAIN FUND TRANSFER FROM THE GENERAL FUND TO THE STREET CONSTRUCTION, MAINTENANCE AND REPAIR FUND AND DECLARING AN EMERGENCY

1^ST READING

See discussion for Resolution 153-05.

RESOLUTION NO. 157-05 BY BRIAN A. HURTUK

A RESOLUTION APPROVING A CERTAIN FUND TRANSFER FROM THE GENERAL FUND TO THE RECREATION CENTER FUND AND DECLARING AN EMERGENCY

1^ST READING

See discussion for Resolution 153-05.

RESOLUTION NO. 158-05 BY BRIAN A. HURTUK

A RESOLUTION APPROVING A CERTAIN FUND TRANSFER FROM THE GENERAL FUND TO THE GENERAL BOND RETIREMENT FUND AND DECLARING AN EMERGENCY

1^ST READING

See discussion for Resolution 153-05.

RESOLUTION NO. 159-05 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 2006 PURSUANT TO THE OHIO REVISED CODE AND DECLARING AN EMERGENCY

1^ST READING

Mr. Thomas explained that the County Auditor makes certain that taxes are collected and allocated. Cities have the option to request that taxes collected in their cities be advanced as collections close so that the funds are in City accounts sooner.

• Mr. Gollinger asked when funds would be distributed without this resolution. Mr. Thomas indicated that it would occur twice a year, in May and November. With passage of this resolution requesting the advance, deposits would occur in January or February. (Consent Agenda)
  
  

RESOLUTION NO. 160-05 BY BRIAN A. 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

1^ST READING

This ordinance accepts property tax rates set by the Cuyahoga County Budget Commission which can be collected by the City. (Consent Agenda)

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO. 137-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FERRIC CHLORIDE FOR THE YEAR 2006 FOR THE WASTEWATER TREATMENT PLANT FROM KEMIRON COMPANIES, INC. AT $258.00 PER DRY TON

Ordinances No. 137-05 through 145-05 have been discussed. They authorize the procurement of chemicals and services for the Wastewater Treatment Plant. All have been publicly bid. Mr. Gollinger has had the opportunity to review them with Mr. Linden and has found that they represent the acceptance of the lowest bids. In general, they are higher than last year's rates, primarily because of the cost of petroleum, either as a raw material or in gas and oil required for delivery of the materials. Because there has been no dissension, Mr. Gollinger requested that all be placed on the Consent Agenda for the next Legislative Meeting.

ORDINANCE NO. 138-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SODIUM BISULFITE FOR THE YEAR 2006 FOR THE WASTEWATER TREATMENT PLANT FROM PVS TECHNOLOGIES, INC. AT $0.80 PER GALLON

See discussion for Ordinance No. 137-05.

ORDINANCE NO. 139-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SODIUM HYPOCHLORITE FOR THE YEAR 2006 FOR THE WASTEWATER TREATMENT PLANT FROM UNIVAR, USA AT $0.674 PER GALLON

See discussion for Ordinance No. 137-05.

ORDINANCE NO. 140-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE REMOVAL OF GRIT AND SCREENINGS FOR THE YEAR 2006, THE FIFTH YEAR OF A FIVE (5) YEAR CONTRACT ENDING DECEMBER 31, 2006 FOR THE WASTEWATER TREATMENT PLANT FROM BFI OF OHIO INC. AT $23.75 PER CUBIC YARD WITH AN ADDITIONAL, MANDATORY O.E.P.A. DISPOSAL FEE OF $1.75 PER TON

See discussion for Ordinance No. 137-05.

ORDINANCE NO. 141-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE REMOVAL OF DIGESTED SLUDGE CAKE FOR THE YEAR 2006 FROM THE WASTEWATER TREATMENT PLANT FROM YAWORSKI FARMS AT A COST OF $10.98 PER WET TON

See discussion for Ordinance No. 137-05.

ORDINANCE NO. 142-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE REMOVAL OF RAW SEWAGE SLUDGE FOR THE YEAR 2006 FROM THE WASTEWATER TREATMENT PLANT FROM AGRI-SLUDGE, INC. AT A COST OF $44.75 PER TON

See discussion for Ordinance No. 137-05.

ORDINANCE NO. 143-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE REMOVAL OF DIGESTED SLUDGE CAKE TO A LANDFILL FOR THE YEAR 2006 FOR THE WASTEWATER TREATMENT PLANT FROM J & J REFUSE, INC. AT A COST OF $38.85 PER WET TON

See discussion for Ordinance No. 137-05.

ORDINANCE NO. 144-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH GINOSKO LABORATORIES, INC FOR LAB ANALYSIS OF WASTEWATER SAMPLES FOR THE YEAR 2006 ENDING DECEMBER 31, 2006 IN AN AMOUNT NOT TO EXCEED $10,809.00

See discussion for Ordinance No. 137-05.

ORDINANCE NO. 146-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE ACCEPTING A STANDARD EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF A WATER MAIN FOR THE PURPOSE OF SUPPLYING WATER SERVICE TO HAMLETS EAST SUBDIVISION I THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

This ordinance accepts a standard easement for Hamlets East. It will be placed on the next Consent Agenda.

ORDINANCE NO. 147-05 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"

Mr. Matty noted that there will be no substantive change when this ordinance is passed, only a procedural change.

RESOLUTION NO. 148-05 BY BRIAN A. HURTUK

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR OR HIS DESIGNEE TO MAKE APPLICATION TO THE CUYAHOGA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE CONTINUATION OF THE EXTERIOR MAINTENANCE PROGRAM

1^ST READING

This authorization to apply for a grant to continue the Exterior Maintenance Program has also been discussed and placed on the Consent Agenda.

ORDINANCE NO. 149-05 BY BRIAN F. HAGAN

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

With only a slight increase, this ordinance will assure continued meals for prisoners in the City's jail facility. It will also be placed on the Consent Agenda.

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION:

Bart Connelly, 324 Cornwall noted that he had appeared before Council earlier to address the issue of side yard setbacks on corner lots. His concerns have been realized with construction of a large addition occurring at a property on the northwest corner of Park Lawn and Lake. The property, which has its front on Park Lawn and its side yard on Lake, is undergoing reconstruction. Mr. Connelly urged Council members to drive west on Lake Road, beginning at Kensington School or Morewood Parkway. He indicated that there is a single sight line until this reconstruction which is adding a two-story addition to the south side of the house and a garage in the side yard. He asked that Council members look at the addition and give consideration to the side yard setback issue.

As there was no further business by members of Council, the meeting was adjourned at 8:30 p.m.

_______________________________ _______________________________

Brian A. Hurtuk Misao Kurokawa

President Pro Tem of Council Clerk of Council

Please note: This is a draft copy of the minutes of the Legislative Meeting of November 14, 2005. These minutes may be revised or amended at the next Legislative Meeting.