CITY OF ROCKY RIVER
NOVEMBER 19, 2007
The Committee-of-the-Whole was called to order by Mr. Hagan, President of Council, at 8:00 p.m.
Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mrs. Bartolozzi,
Mr. Long, Mr. Hagan
Absent: Mr. Hurtuk
Administration: Mayor Bobst, Mr. Linden, Mr. Thomas
Law Director: Mr. Bemer
MAYOR'S REPORT:
Ten residents were transported to area hospitals yesterday morning with carbon monoxide exposure. Fortunately, all are doing well. When the Fire Department entered the six-suite apartment building on Hilliard, they recorded readings of approximately 450 ppm in the unit affected. Background information from Chief Flynn and Fire Prevention Officer Crowe indicates that at 400 ppm, an individual may experience headaches, but within three hours, it becomes a life-threatening situation. Because this occurred in the evening and early morning hours, there was potential for a tragic experience. The Mayor provided information to Council regarding the dangers of carbon monoxide which will also be placed on an e-update for residents. Since the discovery, gas and other utilities have been turned off, and the Fire Department and the Building Department have been working with the owner and the contractor, paying particular attention to the furnace and the ductwork where a crack was discovered. The entire system has been evaluated and the Building Commissioner will require a letter indicating that necessary work has been completed. In addition, the installation of carbon monoxide detectors will be required in all units and the common areas. The Mayor also noted that legislation will be drafted to require carbon monoxide detectors in all rental units.
The Budget has been distributed to Council, and the Mayor thanked Director Thomas. Finance Chairman Hurtuk has requested an executive summary next week during committee reports, and the Mayor indicated that she will be prepared to present the summary. In addition, legislation establishing the Audit Committee has also been distributed. This is consistent with the recommendation of the State Auditors as received following their audit. The Mayor asked Council members to review the ordinance and provide feedback. The numbered ordinance will be sponsored by Councilman Hurtuk and be placed on next week's agenda. She thanked the Law Director and the Finance Director for their assistance on this ordinance.
A letter has been received from AT&T and shared with the Law Director regarding their statewide video franchise. Mayor Bobst will determine if this is the official notification with ten days to respond, or whether another official letter will be received from the State. In any event, she indicated that the City will move ahead to establish franchise fees, PEG requirements, etc. as discussed at earlier meetings.
A check has been received from NOPEC for $3885.00. Their cover letter indicated that they have been fiscally responsible with their administration and were able to save the organization more than $300,000 this year. The Board has decided to return $200,000 to the communities that participated, basing the amount upon the number of NOPEC customers in each community. It is their hope that the check will be received by the General Fund and used to promote energy conservation. The Mayor will follow up with the NOPEC representative, Mayor O'Grady of North Olmsted on questions which remain. She noted that some activities are already ongoing, e.g. tree planting through the Beautification Committee in terms of education and awareness of the importance of tree planting and its impact on the environment and energy savings.
As Council members know, an application for $100,000 to enhance pedestrian safety as part of the Lake Road project was prepared for a Community Development Block Grant through the County. The Mayor commented that she thought Council members would be interested in what the paperwork for such a grant would entail and showed them a large notebook with paperwork measuring almost three inches thick. She called it an incredible body of work, noting that it was put together by Economic and Community Development Director Koran and his assistant, Heather Wagner. She invited Council members to review the work and thanked Mr. Koran and Mrs. Wagner for their efforts.
This morning's Plain Dealer featured an article on various footpaths in the Cleveland Metropolitan area. The body of the article discussed the Rocky River Senior Center and its walking club. The Mayor commented that it was great to see them win recognition for that fine program.
Discussion: Mr. Hagan remarked that he cannot emphasize enough, particularly at this time of year, that residents should be certain that furnaces and smoke detectors are working well and that carbon monoxide detectors are installed, both in rental and in private homes.
Mr. Bemer noted that a Channel 3 records request was made today and fulfilled by Mr. Zell and Mr. Connelly of the Building Department.
Mr. Long asked if the carbon monoxide was a problem in the central system or in an individual unit. The Mayor said that it was in the central system, but she understood that it was the ductwork leading to one particular unit was being evaluated. The property owner has also taken it upon himself to evaluate his other properties as well.
UNFINISHED BUSINESS:
Ordinance No. 95-07: This ordinance, which regulates projecting and temporary business signs, has been referred to the Planning Commission which discussed it at its last meeting. Those discussions will continue at this month's meeting which has been rescheduled for next Tuesday, November 27.
Ordinance No. 100-07: Mr. Moran noted that this ordinance, which implements a right-of-way policy, was discussed at the last meeting in his absence. Mr. Bemer indicated that revisions have been made and that this is a final draft. Mr. Hagan noted that it was read for the second time last Monday and referred to the Planning Commission.
Ordinance No. 116-07: Mr. Gollinger explained that this ordinance would authorize the rezoning of a parcel adjacent to St. Christopher's Church to Public Facility. The ordinance was read for the first time last week and referred to the Planning Commission for review. Following its action on the ordinance, a public hearing will be scheduled.
Ordinance No. 117-07: Mr. Hagan noted that this ordinance would repeal Section 139.02 of the Codified Ordinances. It was read for the first time last week, and Councilman Hurtuk will discuss it further at next week's Legislative Meeting.
Ordinance No. 118-07: This ordinance authorizes insurance coverages for the City with McGowan and Co. and was read for the first time last week. Mr. Hagan turned to Safety-Service Director Linden who explained that the three insurance ordinances, for the City, the WWTP and the Court, were decided by liability coverages, deductibles and premiums, in that order. The City's insurance would cost $11,000 less with the Argonaut Co. The bid of last year's insurer, St. Paul, was also carefully reviewed. The City chose Argonaut as did Fairview Park and Westlake on three-year plans. He noted another provision, that the City would have the right to choose counsel to decide any legal matters, which is an a benefit of Argonaut. The main benefit, however, is that Argonaut's liability coverage is better than the others.
Mr. Hagan asked the Law Director, in view of the fact that it is a three-year contract, if an annual ordinance will still be approved by Council. Mr. Bemer explained that it will be an option for the City to exercise each year, and an ordinance would be required. Mr. Linden added that it is based upon a 35% loss ratio, in this case about $41,000.
Mr. Hagan indicated that there will be a second reading next week with a vote on a rule suspension and vote following any further questions or discussion.
Mr. Gollinger asked about Argonaut's rating. Mr. Linden said that it was A-IX, and A-XV for St. Paul. Argonaut is a $5 billion company.
MISCELLANEOUS BUSINESS: NONE
COMMITTEE REPORTS:
Planning, Zoning and Economic Development Committee: Mr. Gollinger reported that his committee is researching a question raised at the last meeting of the Design & Construction Board of Review. He has asked the Law Director about the Code section regulating the storage of recreational vehicles and boats inside a garage. The boat of an applicant before the Board does not fit entirely in the garage, but has about 6' protruding from the front. The applicant felt he was meeting the test of the law because as much as would fit was in the garage.
Mr. Gollinger clarified the point that the Code is clear, and Director Bemer confirmed that, saying that the garage must be an enclosure.
Parks and Recreation Commission: Mrs. Bartolozzi reported that the Commission will meet on Wednesday morning at 8:00 a.m. in the Pavilion.
NEW BUSINESS:
Ordinance No.119-07: Mr. Hagan turned to Mr. Linden for explanation of this ordinance which authorizes insurance coverages for the WWTP. Mr. Linden reiterated that policies are selected on the basis of umbrella liability coverages, deductibles and premium. Last year's insurer was Houston Casualty through Jackson-Dieken. In reviewing this year's bid, liability coverage for public officials, employment practices was at the level of $14 million with Argonaut versus $5 million with the Jackson-Dieken which compressed the two coverages. With the lower premiums and same deductibles, it was clear that the Argonaut was better choice. He also mentioned that the City of Avon Lake has chosen to be insured by Argonaut.
Mr. Hagan indicated that this ordinance will have a first reading next week with a view toward a rule suspension and an opportunity for Council members to review and discuss the matter further at that time.
Ordinances No. 120-07 and 121-07: Both of these ordinances deal with insurance for the Court. Ordinance No. 120-07 was withdrawn in favor of Ordinance No. 121-07, which is the final determination of Jackson-Dieken as the provider because Argonaut does not provide umbrella coverage on public officials, employment practices and general liability. In view of this improved coverage, even at $741 more, with the additional liability coverage it was felt to be a better choice.
Mr. Hagan indicated that this ordinance, also, would have a first reading next week and a rule suspension with an opportunity for Council review. He suggested that any questions be directed to Mr. Linden.
Ordinance No. 122-07: Mr. Long explained that this ordinance authorizes the replacement of police vehicles, done annually because of the tremendous use and the wear that results. To preclude any problems or breakdowns, especially in emergency situations, the cars are kept in good condition.
Five vehicles will be purchased to replace four currently in service. Two cars will be purchased with City funds and the remainder will come from POPAS funds.
Mr. Long turned to Safety-Service Director Linden who added that of the new purchases, one will be assigned to him, and a second to Chief Wagner. Their present cars will be passed down for further use. All vehicles being replaced have more than 100,000 miles; three are line cars and the fourth is a park car. He asked for swift action because if the cars are not ordered now, there is a chance that the City will miss its opportunity as it did one year. Crown Victorias were chosen again because of their price and their size.
Ordinance No. 123-07: This is the appropriation ordinance. Councilman Hurtuk will discuss this following the executive summary which will be brought by the Mayor as she stated in her report. Mr. Hagan emphasized the importance of this ordinance. Mr. Hagan also noted that newly-elected Council members will be invited to attend any and all budget hearings conducted through Councilman Hurtuk's committee. Beginning with the first meeting in December, newly elected Council members will also receive Friday packets with information regarding the following Monday's meetings.
Finally, a draft of legislation establishing the Audit Committee was distributed to Council members this evening. It will be on Monday's agenda and will be distributed in Friday's packets.
As there was no further business by members of Council, the meeting was adjourned at 8:25 p.m.
________________________________ ______________________________
Brian F. Hagan Misao Kurokawa
President of Council Clerk of Council