CITY OF ROCKY RIVER
DECEMBER 15, 2008
The Committee-of-the-Whole was called to order by Mr. Moran, President of Council, at 8:00 p.m.
Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Mylen, Mr. Furry,
Mrs. Arabian Whitman, Mr. Long, Mr. Moran
Administration: Mayor Bobst, Mr. Linden, Mr. Thomas, Mr. Beirne
Law Director: Mr. Bemer
Press: Ms. Pritchard
The meeting was opened with the Pledge of Allegiance.
Because multiple meetings were called for this evening, Mr. Moran temporarily adjourned to begin the Special Meeting, called at the request of the Mayor.
The meeting of the Committee-of-the-Whole was reconvened at 8:58 p.m following the Special Meeting and the Executive Session.
Mr. Moran called upon the Building Commissioner Kevin Beirne for information on Ordinance No. 130-08 which revises Chapter 1321, Permit, Inspection and License Fees.
Mr. Beirne explained that the process began a year ago when, with the help of the two building department assistants and the internet, he surveyed other communities to see what permit fees and application fees were being charged. It was found that unlike Rocky River, most communities have fees for applications to the BZA and the Planning Commission. Implementation of such a fee would help to offset costs incurred to process and approve these applications.
The Commissioner prepared a table showing fees from other communities and where Rocky River's proposed fees would fit into the schedule. Looking at fees charged by other communities, Mr. Beirne said he realized that the City's fees are quite low, across the board, as the last changes were made in 1997. One other factor stood out: many other communities differentiate between residential and commercial which Rocky River does not. Because commercial properties require more inspections and can involve other departments, he felt it was unfair to charge residential properties the same fees. The new fee schedule has been divided into residential and commercial, and the format simplified, making it easier to understand and access from the City's website.
Commissioner Beirne noted that the City has expenses associated with applications including paperwork, notices to residents for Board meetings. With this schedule, the applicant will pay some of these expenses rather than asking the City to shoulder the entire burden.
Discussion: Mr. Long asked if, in 1997, the largest increases were made in the commercial area and if the City is trying to keep residential increases to a minimum. Mr. Beirne said that was true, particularly for small residential jobs and additions. Higher costs are incurred for commercial construction that is more complex. He referred to the chart which shows that Rocky River is much lower than other communities.
Mr. Hunt asked about Section 1321.02 (e), Paint Removal and Exterior Surface Cleaning. Mr. Beirne said it refers to sandblasting which requires an on-site inspector when the job begins to be certain that particles are not air-blown. Mr. Shepherd suggested clarifying the wording, using sandblasting, but Mr. Beirne pointed out that there are other methods of paint removal, such as air pressure or water. He referred Council members to Section 1374 which explains the process.
Mr. Shepherd asked if any specific type of waterproofing is referred to in (g). The Building Commissioner said it was basically residential. The base fee was $18.00, but was increased because this installation requires at least three inspections: excavation, waterproofing and drain tiles. It can also involve dye testing by the Service Department. The Building Code defines waterproofing.
Responding to a question regarding recreational equipment, Mr. Beirne said it referred to the storage of a boat or trailer in a back yard. This would require a permit and approval by the Design and Construction Board. Swing sets and trampolines are play structures.
Regarding decorative devices for tree lawns, any such device would require the permission of the Safety-Service Director.
MAYOR'S REPORT:
Chief Wagner has received notification that the City has been awarded a grant from Homeland Security and FEMA for steady eye binoculars. This equipment limits input motion and has night vision capabilities. It is particularly important for nighttime search and rescue operations. Another positive about this grant is that it includes the training.
The Welsh Home will expand, adding 42 nursing home beds. Final plans have not yet been received, but the Mayor will keep Council abreast of their plans.
The Center Ridge Corporate Corridor Project involved the survey of 550 businesses by teams of students from Mr. Mark Wagner's class at the high school. They will present their findings on Thursday, January 15 at 9:00 a.m. in the Civic Center.
The free tree lawn program has elicited an excellent response. The streets included this year are Argyle, Meadowhill, Cottonwood, Goldwood, Telbir, Colahan, Parklane (west), Glendale and Mark. Trees will be planted in the spring.
The Mayor extended the City's thanks to the Beach Cliff Women's Club. Members decorate the Civic Center trees every year, spending a great deal of time to make the Civic Center look festive.
A new restaurant called Rocky's has opened on Center Ridge in the location of the former BW3 which has moved to Fairview Park.
A holiday dinner was held at the Senior Center for 236 senior residents. The auditorium was also at capacity for the Singing Angels concert which followed.
Kensington Kids, third, fourth and fifth graders at Kensington School on Lake Road, put together two bake sales and placed coin collection cans around their school, raising $277.20. They used these proceeds to purchase postage for shut-in seniors who are served by Meals on Wheels. Forty-nine seniors will benefit, and the Mayor expressed appreciation and pride in these youngsters for their project.
Next week David J. Matty, special counsel for the labor negotiations, will be in attendance to address Council.
The fourth graders at Kensington School have composed a song about the three branches of government based on Schoolhouse Rock, and the Mayor distributed their lyrics, as she promised them that it would be shared with Council members.
An update has been received regarding the Lakewood Dog Park, and the Mayor turned to Law Director Bemer for details. Mr. Bemer commented on the Eighth District Court of Appeals opinion concerning the dog park appeal, rendered last Thursday. The issue on appeal concerned the authority of the trial court to address injunctive relief ( He noted that an injunction orders a public body to do some act or refrain from some act.) The trial court had dismissed the City's complaint based on a determination that injunctive relief was not a remedy available to any body, public or private, concerning another municipal body. The Court of Appeals reversed that decision, indicating that the greatest weight of the law allows for such injunctive relief.
This means that the case will go back to the trial court which will probably set a pre-trial schedule which provides for the discovery process, exchange of documents, deposition of witnesses, probably identify a prospect of mediation, and set a trial date sometime in the near future.
One other legal issue was whether operating a dog park is a governmental interest or a proprietary interest. Because the Court of Appeals ruled on the right to injunctive relief, the other issue was not decided by that bench. A governmental interest is one that a private entity would not have, such as operating a fire or police force. A proprietary interest would be something that a government body may do, but a private entity may also do, such as operating a Civic Center. The question of whether a dog park is a government interest or a proprietary interest will be a matter of first impression. If no middle ground is found, it may go to the Court of Appeals.
UNFINISHED BUSINESS:
Ordinance No. 94-08: This ordinance would authorize an easement on City property for AT&T. Mr. Hunt indicated that a communication has been received from AT&T. This ordinance and No. 103-08 will be discussed further pending Council review of the letter.
Ordinance No. 103-08: This ordinance authorizes two easements for AT&T. See discussion for Ordinance No. 94-08.
Ordinance No. 128-08: Mr. Long explained that this is a rezoning ordinance for a warehouse that straddles Allen Court, close to Linda Street by the railroad tracks. It has been referred to the Planning Commission where it will be considered at their next meeting which will be held tomorrow evening. When minutes have been approved, a public hearing date will be set and the process will move forward.
Ordinance No. 130-08: This ordinance will update the fee schedule outlined in Chapter 1321. Mr. Long noted that Building Commissioner Beirne gave an overview of the schedule at this evening's meeting. The last changes were eleven years ago, and he felt, after surveying neighboring communities, that an update was called for. Next week, at the legislative meeting, Mr. Long will move for passage.
MISCELLANEOUS BUSINESS:
Mr. Hunt attended a DARE graduation last Wednesday. Students appreciated the presence of the Mayor, the Law Director, City prosecutor, both municipal court judges, Chief Wagner and Officer Phil. Officer Phil has announced his retirement and was honored by the class.
Mr. Moran attended the DARE graduation at Ruffing Montessori where he said there was an excellent program where students showed what they had learned. He praised Officer Phil for the influence he has had on the youth of the community and commented that he will be missed when he retires in February. He said that the presence of so many officials of the City made a statement to the youth that the program is very important.
COMMITTEE REPORTS:
NEW BUSINESS:
Ordinances 133-08 through 140-08 were discussed and passed at the Special Meeting earlier in the evening.
As there was no further business by members of Council, the meeting was adjourned at 9:27 p.m.
______________________________ ______________________________
James W. Moran Misao Kurokawa
President of Council Clerk of Council
CITY OF ROCKY RIVER
DECEMBER 15, 2008
The Special Meeting of Council was called to order by Mr. Moran, President of Council at 8:03 p.m.
Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Mylen, Mr. Furry,
Mrs. Arabian Whitman, Mr. Long, Mr. Moran
Administration: Mayor Bobst, Mr. Linden, Mr. Thomas
Law Director: Mr. Bemer
Press: Ms. Pritchard
MOTION:
Moved by Mr. Moran, seconded by Mr. Furry, that at the request of the Mayor, an Executive Session be held under Article X, Section 6, Subsection (1) of the Charter to discuss the employment of a public employee and under Article X, Section 6, Subsection (4) to discuss a labor negotiation matter.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
The Special Meeting was reconvened following the Executive Session at 8:28 p.m.
AUDIENCE PARTICIPATION: NONE
ORDINANCE NO. 133-08 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO CONTRACTS WITH MEDICAL MUTUAL OF OHIO TO PROVIDE HEALTH CARE AND PRESCRIPTION INSURANCE COVERAGE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hunt, seconded by Mr. Long, that the rule requiring that Ordinance No. 133-08 be read on three separate days be suspended, and that Ordinance No. 133-08 be placed upon its passage:
Discussion: Mr. Hunt explained that as 2008 closes, legislation to approve health care and prescription coverage for full time employees comes before Council so that it can be in place for the new year.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
Moved by Mr. Hunt, seconded by Mr. Long, that Ordinance No. 133-08 be passed as read:
Discussion: Proposed plan designs for health and prescription drug plans have been attached to the ordinance and, if passed, would be effective January 1, 2009.
Mayor Bobst added that earlier in the year, large increases were included with benefits renewal. In this case, a 54% stop loss and 17.7% for claims coverage.
The plans were also consolidated and redesigned.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 134-08 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH AETNA, INC. TO PROVIDE DENTAL COVERAGE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hunt, seconded by Mr. Long, that the rule requiring that Ordinance No. 134-08 be read on three separate days be suspended, and that Ordinance No. 134-08 be placed upon its passage:
Discussion: This is another part of the health care plan, dental coverage for full-time employees for 2009. Since this is the end of the year, time is limited so that the plan will be in place before the beginning of the new year.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
Moved by Mr. Hunt, seconded by Mr. Long, that Ordinance No. 134-08 be passed as read:
Discussion: Mr. Hunt indicated that this ordinance will authorize the Mayor to enter into a new contract with Aetna,
Mayor Bobst added that this renewal was originally at 22%, later lowered to 17%, and finally, 8% was the settled increase. She said that this mimics the health care plan, looking for effective utilization and network utilization.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 135-08 BY THOMAS J. HUNT
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, AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 135-08 be read on three separate days be suspended, and that Ordinance No. 135-08 be placed upon its passage:
Discussion: Mr. Hunt indicated that the rule suspension was requested based on the reasons enumerated in the prior two ordinances, that the end of the year is approaching and the City would like to have this plan in place before the beginning of 2009.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
Moved by Mr. Hunt, seconded by Mr. Long, that Ordinance No. 135-08 be passed as read:
Discussion: Mr. Hunt indicated that, based on collective bargaining contracts and ordinances, the City provides life insurance for full-time employees. Responding to a question from Mr. Furry, Mr. Thomas said that $25,000 coverage was provided for each full-time employee.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 136-08 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION PATROLMEN BARGAINING UNIT, ROCKY RIVER POLICE DIVISION, AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 136-08 be read on three separate days be suspended, and that Ordinance No. 136-08 be placed upon its passage:
Discussion: Mr. Hunt commented that as the end of the year approaches, this ordinance would authorize a contract with the Patrolmen Bargaining Unit following negotiations. He said there is no reason for delay.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
Moved by Mr. Hunt, seconded by Mr. Long, that Ordinance No. 136-08 be passed as read:
Discussion: In the course of the last few weeks, the Administration has updated Council regarding on-going negotiations. This three-year contract with the patrolmen of the Police Division will replace the current contract which expires at the end of the year.
Mayor Bobst explained that all four of the contracts presented this evening include:
For this contract, there is a firearms certification provision. In the past it has been done on overtime which has now been converted to a flat rate. Going forward, it will be $1450, $1650 and $1900.
There will also be an additional day off which requires a 10-day notice to the Chief.
In addition, in the current contract, a new hire will reach the maximum salary in two years; going forward, it will take four years to reach the maximum. She said this is significant because eight retirements are anticipated over the next three years.
Mr. Hunt reiterated the importance of each of the next ordinances to the residents, knowing that safety-service forces and service workers are adequately and competitively compensated, but that budget constraints have been met.
Mr. Moran thanked the negotiating teams, Mayor Bobst, Director Bemer, Director Linden and Mr. Thomas and the union representatives for maintaining communications and insuring that negotiations went well.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 137-08 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION, SERGEANTS, LIEUTENANTS AND CAPTAIN, OF THE ROCKY RIVER POLICE DIVISION, AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 137-08 be read on three separate days be suspended, and that Ordinance No. 137-08 be placed upon its passage:
Discussion: Mr. Hunt said that for reasons already stated for prior ordinances, he would not delay passage of this contract.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
Moved by Mr. Hunt, seconded by Mr. Long, that Ordinance No. 137-08 be passed as read:
Discussion: Mr. Hunt asked the Mayor if there were additional details of this contract.
She noted that there was a 1/4% differential between ranks for officers and their firearms certification is $1250, $1450 and $1700. Otherwise, details are as explained in Ordinance No. 136-08.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 138-08 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE ROCKY RIVER FIRE FIGHTERS ASSOCIATION, LOCAL #659, REPRESENTING THE EMPLOYEES OF THE ROCKY RIVER FIRE DIVISION, AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 138-08 be read on three separate days be suspended, and that Ordinance No. 138-08 be placed upon its passage:
Discussion: Mr. Hunt said that the reasons were as given above for the other contract negotiations.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
Moved by Mr. Hunt, seconded by Mr. Shepherd and Mr. Furry, that Ordinance No. 138-08 be passed as read:
Discussion: This ordinance authorizes a contract with the City's fire fighters. Health care and other provisions have been discussed, but the Mayor added that uniform allowance goes from $1000 to $1250.
During the last six months of this agreement, an equity adjustment of 1% will be made.
In longevity payments, for existing employees it will be a percentage; for new hires, a flat rate.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 139-08 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS REPRESENTING THE EMPLOYEES OF THE ROCKY RIVER SERVICE DIVISION, AND CERTAIN EMPLOYEES OF THE RECREATION DEPARTMENT, AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 139-08 be read on three separate days be suspended, and that Ordinance No. 139-08 be placed upon its passage:
Discussion: Reasons for the rule suspension are as given for the preceding three ordinances.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
Moved by Mr. Hunt, seconded by Mr. Long, that Ordinance No. 139-08 be passed as read:
Discussion: This contract was negotiated with the Service Department which Mr. Hunt said plays a very important part in the operation of the City.
The Mayor introduced two members of the negotiating team for the Service Division who were present, Dave Reinker and Joe Mathe. Ron Little was the third member. The Mayor thanked all who participated, for helping to manage contracts and resources. The health care is the same as the safety forces as is the wage increase. The uniform allowance goes from $250 to $500 and several other issues were clarified in the contract.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 140-08 BY JAMES W. MORAN
AN EMERGENCY ORDINANCE CREATING POSITIONS AND FIXING THE ANNUAL SALARIES AND HOURLY RATES FOR THE APPOINTED EMPLOYEES IN THE SEVERAL DIVISIONS AND DEPARTMENTS OF THE CITY OF ROCKY RIVER
1ST READING
Moved by Mr. Moran, seconded by Mr. Furry, that the rule requiring that Ordinance No. 140-08 be read on three separate days be suspended, and that Ordinance No. 140-08 be placed upon its passage:
Discussion: This salary ordinance will set wages for both union and non-union employees for the next year. The rule suspension is necessary so that this schedule can be in place before the start of 2009.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
Moved by Mr. Moran, seconded by Mr. Long, that Ordinance No. 140-08 be passed as read:
Discussion: With all the negotiations and contracts recently negotiated, this ordinance will finalize the budget process moving into next year. He thanked the Mayor and her staff for moving this process forward.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
As there was no further business, the meeting was adjourned at 8:58 p.m.
__________________________________ _____________________________
James W. Moran Misao Kurokawa
President of Council Clerk of Council