DRAFT
CITY OF ROCKY RIVER
NOVEMBER 28, 2005
Regular meeting of Council was called to order by Mrs. Bobst, President of Council, at 8:00 p.m.
Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mr. Hagan, Mrs. Bobst
Absent: Mrs. Bartolozzi
Administration: Mayor Knoble, Mr. Linden, Mr. Thomas
Law Director: Mr. Matty
Press: Mrs. McKenzie
The meeting was opened with the Pledge of Allegiance.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Hagan, that the reading of the minutes of the Legislative Meeting of October 24, the meeting of the Committee-of-the-Whole of November 7, the Legislative Meeting of November 14 and the Special Meeting, the meeting of the Committee-of-the-Whole and the Executive Session of November 21 be waived and that the minutes be accepted as submitted.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
MAYOR'S REPORT:
The Mayor attended a meeting this morning in Seven Hills at the regional Social Security headquarters. Discussed was a plan to move the Lakewood Social Security office to an area west of Clague Road. A number of Lakewood officials and residents are highly opposed to this move, feeling that the present location is more accessible for many older residents. Mayor Knoble has joined with this group in protesting the move which is also opposed by Representative Kucinich and Mayor George of Lakewood. He will keep Council informed.
In a letter from state Attorney General Petro, the D.A.R.E. advisory grant of $17,684 for the 2006-2007 school year has been received. These funds are used to offset expenses of Officer Phil to continue the effective anti-drug program in the elementary schools.
Three ordinances have been prepared for this evening addressing hospitalization insurance. The Mayor explained that the present policy expires at the end of the year, but the deadline for employee enrollment under the new contract is December 15. Ordinances were delayed because the Administration sought employee input at four meetings of employee health insurance committees. Because of these time constraints, it was decided to waive the 72-hour rule of notification and discuss the ordinances this evening.
LAW DIRECTOR'S REPORT:
Following the last meeting of Council, Mr. Matty met with Mr. Beirne, the Building Commissioner on the SBC issue. He has instructed Mr. Beirne to issue applications for boxes located on City-owned property. He noted that the Charter requires review by the Planning Commission.
Ordinance No. 164-05 is the initial draft requested by Councilman Frost on residency restrictions for sex offenders. Further GIS information will be forthcoming, and the review process will begin next week.
Before passage of Ordinance No. 167-05, Mr. Matty asked the Safety-Service Director to contact Mr. Mackay, the City's consulting engineer, to be sure the actual content is approved by him and also to be certain that the existing sewer has been videoed and its condition and size have been approved by the engineer. Mr. Mackay is on vacation, but Mr. Linden will check with his office and with Mr. Beirne.
COMMITTEE REPORTS:
Mr. Hurtuk reminded Council members of the meeting of the Finance Committee scheduled for December 12 at 7:00 p.m in the David J. Cook Council Chambers. Under discussion at that time will be the 2006 Budget and formation of an audit committee.
COMMUNICATIONS AND ANNOUNCEMENTS:
A letter has been received from Rex and Pamela Gilliland regarding development in the City. (Exhibit "A")
A letter has also been received from the River Oaks Racquet Club concerning the recreation center. (Exhibit "B")
Mrs. Bobst praised the Jr. Women's Club and their event, All Aglow. She stated that they did a wonderful job in raising funds for the Rocky River Assistance Program which serves many members of the community. The tree lighting and events at Memorial Hall culminating in the arrival of Santa in the 1924 LaFrance fire engine delighted all. She wished to recognize the hard work of all the volunteers.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Hagan, that the 72-hour rule of notification be waived and that Ordinances 171-05, 172-05 and 173-05 be placed on the agenda of this evening's meeting.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
AUDIENCE PARTICIPATION: NONE
There were no Council requests for changes to the Consent Agenda.
AMENDED ORDINANCE NO. 163-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE HIRING DAVID J. MATTY OF RADEMAKER, MATTY, McCLELLAND AND GREVE TO REPRESENT THE CITY IN NEGOTIATION MATTERS INVOLVING COLLECTIVE BARGAINING AGREEMENTS WITH UNION MEMBERS OF THE FIRE DIVISION, POLICE DIVISION AND SERVICE DIVISION
1ST READING
MOTION:
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that Ordinance No. 163-05 be amended by setting the rate of pay at $140 per hour.
Discussion: Mr. Hagan noted that the ordinance does not discuss the rates which will be paid. Mr. Hagan spoke with several law directors, some of whom participate in negotiations and some of whom hire outside firms to assist them. He therefore recommends that the rate of $140/hour be established.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that the rule requiring that Amended Ordinance No. 163-05 be read on three separate days be suspended, and that Amended Ordinance No.163-05 be placed upon its passage:
Discussion: Mr. Hagan commented that this ordinance would give the Mayor and the Administration the tools to negotiate the best contract possible, with continuity if negotiations should extend beyond 12/31/05.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that Amended Ordinance No. 163-05 be passed as read:
Discussion: Before passage, Mr. Frost observed that last week at the Committee-of-the-Whole, the Administration indicated that the Law Director-Elect, Mr. Bemer was supportive of this move. As Mr. Bemer was present, Mr. Frost asked if he approved of this hiring. Mr. Bemer indicated that he had discussed the matter with the Mayor and Council President, and that although budgetary aspects remained, he was in favor of the ordinance.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 164-05 BY ROBERT S. FROST
AN EMERGENCY ORDINANCE CREATING NEW SECTION 533.14 ENTITLED "SEX OFFENDER RESIDENCY PROHIBITION" AND DECLARING AN EMERGENCY
1ST READING
Mr. Frost praised the work of Mr. Gottschalk, the City's GIS expert who has already prepared a draft map showing restrictions which would be placed if churches, pre-schools and libraries were added to the list of prohibitions. He noted that it was not a great deal more restrictive, as many churches are already licensed daycare providers, and there is only one library in the City. The Law Director has not yet seen the draft, but Mr. Frost requested maps for members of Council so that discussion can be held next week concerning amending of the ordinance.
ORDINANCE NO. 165-05 BY BRIAN A. HURTUK
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CIUNI & PANICHI, INC. FOR PROFESSIONAL ACCOUNTING SERVICES AT A COST NOT TO EXCEED $17,040 AND DECLARING AN EMERGENCY
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the rule requiring that Ordinance No. 165-05 be read on three separate days be suspended, and that Ordinance No.165-05 be placed upon its passage:
Discussion: Mr. Hurtuk indicated that beginning last year when state auditors were not available, an outside firm was hired to assist in the required audits. Passing the ordinance at this time would keep the program moving forward and avoid the delay which would be caused by three readings.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that Ordinance No. 165-05 be passed as read:
Discussion: Mr. Thomas, the Finance Director, provided a memorandum dated 11/18 which explained the formalized bid process. The same firm which was the successful bidder last year has been recommended. Ciuni & Panichi, last year's auditors, gave the City a three-year rate which was further lowered in this bidding process. Mr. Thomas noted that the overall cost of the audit was lower than expected by $3900 because of this firm. Mr. Gollinger clarified the fact that the state auditors were also paid.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 166-05 BY BRIAN A. HURTUK
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CIUNI & PANICHI, INC. FOR PROFESSIONAL ACCOUNTING SERVICES AT A COST NOT TO EXCEED $3,360 AND DECLARING AN EMERGENCY
1ST READING
Moved by Mr. Hurtuk, seconded by Mr. Gollinger and Mr. Hagan, that the rule requiring that Ordinance No. 166-05 be read on three separate days be suspended, and that Ordinance No.166-05 be placed upon its passage:
Discussion: See discussion for Ordinance No. 165-05.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Hurtuk seconded by Mr. Hagan, that Ordinance No. 166-05 be passed as read:
Discussion: Mr. Hurtuk expressed appreciation for the bid process, noting it was good to see fresh vendors which assures that the bidding is competitive.
Mr. Gollinger asked if this cost will be shared with the other members of the WWTP. Mr. Thomas said that it would.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 167-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE ACQUIRING A PERMANENT EASEMENT FOR DRAINAGE AND STORM SEWER PURPOSES LOCATED ON AUDITOR'S PERMANENT PARCEL NUMBERS 303-17-003, 303-17-009, 303-17-010, 303-17-050, 303-19-005, 303-19-003, 303-19-004, AND 303-19-002 AT AN ACQUISITION COST OF TEN DOLLARS ($10.00), AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBITS "A" AND "B"
1ST READING
Since a question was raised, this ordinance will be held for further discussion at Mr. Mackay's return.
ORDINANCE NO. 168-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT FOR VARIOUS INSURANCE COVERAGES FOR THE CITY OF ROCKY RIVER WITH McGOWAN AND COMPANY, INC. FOR THE YEAR 2006 AT A TOTAL COST OF $196,919.00
1ST READING
This will be held for discussion at the next meeting of the Committee-of-the-Whole.
ORDINANCE NO. 169-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT FOR VARIOUS INSURANCE COVERAGES FOR THE ROCKY RIVER MUNICIPAL COURT WITH JACKSON, DIEKEN & ASSOCIATES FOR THE YEAR 2006 AT A TOTAL COST OF $10,427.00
1ST READING
This will be held for discussion at the next meeting of the Committee-of-the-Whole.
ORDINANCE NO. 170-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT FOR VARIOUS INSURANCE COVERAGES FOR THE ROCKY RIVER WASTEWATER TREATMENT PLANT WITH JACKSON, DIEKEN & ASSOCIATES FOR THE YEAR 2006 AT A TOTAL COST OF $53,662.00
1ST READING
This, too will be discussed at the next meeting of the Committee-of-the-Whole.
ORDINANCE NO. 171-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH MEDICAL MUTUAL OF OHIO TO PROVIDE HOSPITALIZATION AND PRESCRIPTION INSURANCE COVERAGE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
To review, the Mayor indicated that the City has had a partially self-funded program, paying an administration fee and claims up to a maximum. An insurance plan is in place to pay claims over the maximum. About 18 months ago, the City converted from a May to a January anniversary date which allows a better budget picture and is better in negotiations with the City's labor unions. At that time, review of possible contracts by the joint medical/hospitalization insurance committees was instituted.
The Mayor said that Mrs. Whitman, working with Sam Fiorentino, the City's consultant, had done an excellent job this year processing bids with their various options and coordinating employee committees who then returned to their groups for recommendations.
In the past, two plans have been offered: one traditional with small co-pays and no deductible and a second plan for which the cost would be less than the City's cap.
Due to the fact that the basic plan has increased in cost by 19%, an increase based upon the City's experience and the increased cost of medical insurance, this year, three plans will be offered: a top level plan, a mid-level plan, and a plan under the cap.
The Mayor noted that caps are subject to negotiation with the groups where negotiations are yet to be held. This was a bad year in health experience, and a number of employees have high prescription drug maintenance costs.
The Mayor will call a Special Meeting for next Monday at 8:00 p.m to consider passage of these ordinances.
ORDINANCE NO. 172-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH CIGNA HEALTHCARE TO PROVIDE DENTAL COVERAGE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
This is a renewal of a two-year price which was negotiated last year.
ORDINANCE NO. 173-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE FORT DEARBORN LIFE INSURANCE COMPANY TO PROVIDE LIFE INSURANCE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
This also is a renewal. The name of the company has changed, due to a merger, but the coverage and contract remain the same.
ORDINANCES AND RESOLUTIONS UNDER CONSENT:
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
1ST READING
Ordinances 150-05 and 151-05 were discussed at the last Committee-of-the-Whole, and Mr. Hagan noted that when tires and gas are purchased on the open market, considerable savings can result.
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
2ND READING
See discussion for Ordinance 150-05.
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
2ND READING
Mr. Hurtuk explained that these resolutions were being passed upon the recommendation of the state auditors as a different way to document fund transfers. Formerly, transfers were grouped and passed following transfer. With this method, each transfer is documented in a separate resolution.
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
2ND READING
See discussion for Ordinance No. 152-05.
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
2ND READING
See discussion for Ordinance No. 152-05.
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
2ND READING
See discussion for Ordinance No. 152-05.
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
2ND READING
See discussion for Ordinance No. 152-05.
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
2ND READING
See discussion for Ordinance No. 152-05.
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
2ND READING
See discussion for Ordinance No. 152-05.
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
2ND READING
Mr. Hurtuk described this resolution as a cash management resolution. Funds on deposit which have been collected by the Auditor for the City can be forwarded to us more quickly with this resolution.
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
2ND READING
This resolution sets rates for the 2006 budget year.
ORDINANCE NO. 161-05 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE REPLACEMENT SERVERS, UPGRADED POWER SUPPLY AND SOFTWARE FOR THE ROCKY RIVER MUNICIPAL COURT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM MAXIMUM INC. AT A TOTAL COST NOT TO EXCEED $50,516
1ST READING
This ordinance was discussed last week. The funds will be taken from the Rocky River Municipal Court Computer funds.
ORDINANCE NO. 162-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH MAXIMUS INC. FOR THE PURCHASE OF 5 YEAR SOFTWARE SUPPORT CONTRACT FOR THE ROCKY RIVER MUNICIPAL COURT AT A TOTAL COST NOT TO EXCEED $115,054.00
1ST READING
Mr. Hagan noted that information had been received from Mr. Bracken of the RRMC. This is a renewal of a necessary support agreement with a 5% increase. The funds will be taken from the Court's computer tech funds.
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that the ordinances and resolutions of the Consent Agenda be read on three separate days be suspended, and that the stated legislative items be placed upon their passage:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the stated legislative items be passed as read:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Hagan - aye Bobst - aye
6 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 8:50 p.m.
_______________________________ _______________________________
Pamela E. Bobst Misao Kurokawa
President of Council Clerk of Council
Please note: This is a draft copy of the minutes of the Legislative Meeting of November 28, 2005. These minutes may be revised or amended at the next Legislative Meeting.