DRAFT
CITY OF ROCKY RIVER
DECEMBER 22, 2003
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. Malling
Mr. Hurtuk, Mrs. Bartolozzi, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Ms. Wollenzier, Mr. Lesiecki
The meeting was opened with the Pledge of Allegiance.
The minutes of the regular meeting of November 24 were read and approved as submitted.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Potterfield, that the reading of the minutes of the Executive Session of December 8 be waived and that the minutes be accepted as submitted, and that the reading of the minutes of the Committee-of-the-Whole of December 15 be waived, and that the minutes be accepted as amended.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
MAYOR'S REPORT:
After a short medical report, the Mayor reported that money had been received from FEMA (Federal Emergency Management Agency) to help compensate for expenses incurred because of the blackout.
The Mayor then noted that WWTP Superintendent Bob Gerrick will be retiring at the end of the year. Jeff Harrington, his assistant, will be the new superintendent
Joyce Waltz Umerley will also retire as Director of the Senior Center at the end of January. One interview remains in the selection process for her successor.
Because of the holiday, City Hall will be open until noon on Christmas eve, closed all day Thursday, but open all day on Friday. Garbage collection will be delayed one day.
The Administration is prepared to move forward on the acquisition of a police dog. The litter has been born, and the dogs are nearing the age when training should begin. The cost to the City will be nominal because the vehicle will be provided as well as veterinary care and food care. It will appear in the police budget next year.
LAW DIRECTOR'S REPORT: NONE
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS:
A note has been received from Fred I. Sokol regarding the consent agenda and the reading of legislative minutes. (Exhibit "A")
A follow-up letter has been received from Dawson Insurance addressing issues raised by McGowan and Company in regard to the City's insurance. (Exhibit "B")
A letter has been received from the Northeast Ohio City Council Association, Inc., formerly the Greater Cleveland Suburban Council Association. Mrs. Bobst will contact the association for more information on this year's programs so that Council can discuss the membership renewal. (Exhibit "C")
Ordinance No. 228-03 has not yet been read, and a substitution has been prepared.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the 72-hour rule of notification be waived for Resolution 235-03 and that the resolution be considered for passage this evening.
Discussion: Although this resolution was placed on the agenda, it was not published until today.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
AUDIENCE PARTICIPATION:
Chuck Jirsa, 1028 Whittlesay Lane, asked for a clarification of Ordinance No. 215-03 which establishes a consent agenda. Mrs. Bobst explained that other public bodies have used this type of agenda to speed routine items, e.g. the annual purchase of WWTP chemicals, paint for road striping, etc. The ordinances would still be read, but time would be saved in that the vote for rule suspension and passage would be taken on all of them at once. Any item can be removed at the request of any Council member and returned to the regular agenda.
Because guests were present to be honored, Mrs. Bobst deviated from the regular agenda to first
consider Resolutions 225-03 and 226-03.
RESOLUTION NO. 225-03 BY MAYOR WILLIAM F. KNOBLE,
LAW DIRECTOR DAVID J. MATTY AND ALL MEMBERS OF COUNCIL
A RESOLUTION COMMEMORATING THE 75TH ANNIVERSARY OF THE ROCKY RIVER PUBLIC LIBRARY
1ST READING
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the rule requiring that Resolution No. 225-03 be read on three separate days be suspended, and that Resolution No. 225-03 be placed upon its passage:
Discussion: Mr. John S. Weedon, Director of the Library, came forward to accept recognition. He introduced Mr. Bill Henson, one of the trustees, also in attendance.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Bobst, seconded by Mr. Frost, that Resolution No. 225-03 be passed as read:
Discussion: Mr. Gollinger expressed his appreciation for the library, its fine staff and services as a gem of Ward 3. He praised the level of service which was rendered.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
RESOLUTION NO. 226-03 BY MAYOR WILLIAM F. KNOBLE,
LAW DIRECTOR DAVID J. MATTY AND ALL MEMBERS OF COUNCIL
A RESOLUTION COMMEMORATING THE SERVICE OF FRED DEGRANDIS, MEMBER OF THE PARKS AND RECREATION COMMISSION
1ST READING
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that Resolution No. 226-03 be read on three separate days be suspended, and that Resolution No. 226-03 be placed upon its passage:
Discussion: Because of the presence of Mr. DeGrandis, the resolution should be considered now.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that Resolution No. 226-03 be passed as read:
Discussion: Mr. Hurtuk, speaking from his experiences coaching with Mr. DeGrandis, praised him for his dedication to the kids of Rocky River and his many years of service to the community. Mrs. Bobst joined in applauding his sense of doing what is right for the City and its residents. Mr. DeGrandis spoke briefly thanking Council for this honor, and voicing his opinion that schools and community need to work together for the greater good. He also thanked Mr. Malling for his advice and support.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
MOTION:
Moved by Mrs. Bartolozzi, seconded by Mr. Malling, that Ordinance No. 204-03 be amended to reflect the letter from Great Lakes Construction added in Exhibit "A" stating the final credit and the specifics of other changes to the contract.
Discussion: Discussion of this ordinance has continued for several weeks. In this compromise, the credit has been increased and the company has agreed to reseeding if necessary. This form has received the approval of the Law Director.
Vote: Gollinger - aye Potterfield - nay Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
6 ayes 1 nay PASSED
AMENDED ORDINANCE NO. 204-03 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO APPROVE A CREDIT CHANGE ORDER FOR THE GREAT LAKES CONSTRUCTION COMPANY FOR THE REMOVING AND DISPOSING OF STOCKPILED SOIL ON THE GROUNDS OF THE ROCKY RIVER SERVICE CENTER IN AN AMOUNT OF $36,561.00
3RD READING
Moved by Mrs. Bartolozzi, seconded by Mr. Malling, that Amended Ordinance No. 204-03 be passed as read:
Discussion: Mr. Gollinger commented that this work was necessary, and that it is time to move on and settle this contract. Mrs. Bobst thanked the administration for continuing to negotiate and agreed that it is not at the point to move on and finalize the contract.
Vote: Gollinger - aye Potterfield - nay Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
6 ayes 1 nay PASSED
ORDINANCE NO. 210-03 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE ADDING A NEW SECTION (e) TO SECTION 1143.04 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "ITEMS OF INFORMATION ALLOWED:, AND AS FURTHER DESCRIBED IN EXHIBIT "A"
2ND READING
Moved by Mr. Potterfield, seconded by Mr. Frost, that the rule requiring that Ordinance No. 210-03 be read on three separate days be suspended, and that Ordinance No. 210-03 be placed upon its passage:
Discussion: This ordinance has been read for the second time and referred to the Planning Commission, where it received unanimous approval. Mr. Potterfield observed that he would like to conclude this business for the end of the year.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Potterfield, seconded by Mr. Gollinger and Mr. Frost, that Ordinance No. 210-03 be passed as read:
Discussion: This ordinance upgrades the Code in response to questions that were raised during the last election regarding signs.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 211-03 BY EARL W. POTTERFIELD
AN EMERGENCY ORDINANCE AMENDING SECTION 1143.10 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "SIGNS PERMITTED IN RESIDENTIAL AND PUBLIC FACILITIES DISTRICTS", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
2ND READING
Moved by Mr. Potterfield, seconded by Mr. Frost, that the rule requiring that Ordinance No. 211-03 be read on three separate days be suspended, and that Ordinance No. 211-03 be placed upon its passage:
Discussion: This also was referred to the Planning Commission with the same results.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Ordinance No. 211-03 be passed as read:
Discussion: This is a companion ordinance to Ordinance No. 210-03.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 215-03 BY PAMELA E. BOBST
AN EMERGENCY ORDINANCE AMENDING Rule 7. Order of Business AND Rule 14. Passage of Legislation OF SECTION 121.01, "RULES OF COUNCIL", OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, OHIO, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
2ND READING
This ordinance is on second reading and will be further discussed in the new year.
ORDINANCE NO. 216-03 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE FIVE (5) PERSONAL COMPUTER SYSTEMS AND THREE PRINTERS FOR THE RECREATION DEPARTMENT, DIRECTOR OF RECREATION, FACILITY MANAGER, EXECUTIVE SECRETARY, CLERK AND ACTIVITIES COORDINATOR, UNDER THE STATE COOPERATIVE PURCHASING ACT FROM DELL COMPUTER AT A TOTAL COST NOT TO EXCEED $9,336.85
2ND READING
Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 216-03 be read on three separate days be suspended, and that Ordinance No. 216-03 be placed upon its passage:
Discussion: These computers, needed by the Recreation Department, were budgeted earlier in the year. Mr. Hurtuk has discussed them with Ron Gottschalk, and sees no reason to delay.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hurtuk, seconded by Mr. Malling, that Ordinance No. 216-03 be passed as read:
Discussion: The purchase, made under the State Cooperative Purchasing Act, is at a very good price. Mr. Gottschalk and Mr. Ardussi were consulted to be certain that the computers will be properly networked with others in the City.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 220-03 BY LINDA. S. BARTOLOZZI
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 DAWSON COMPANIES FOR THE YEAR 2004 AT A TOTAL COST OF $192,174.00
2ND READING
Moved by Mrs. Bartolozzi, seconded by Mr. Malling, that the rule requiring that Ordinance No. 220-03 be read on three separate days be suspended, and that Ordinance No. 220-03 be placed upon its passage:
Discussion: Mrs. Bartolozzi explained that the City's current insurance contract will expire at the end of the year and a new policy must be in place for continuous coverage.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mrs. Bartolozzi, seconded by Mr. Malling, that Ordinance No. 220-03 be passed as read:
Discussion: Again, Mrs. Bartolozzi urged Council to come to a conclusion because this is the final legislative meeting of the year. Mayor Knoble thanked Council for its studious, deliberate study of the issue, and he indicated that he was making an impassioned plea for passage of this contract with Dawson Companies representing the OMJSIP, citing his 42 years of purchasing and loss prevention experience in the business world, and his 26 years of working on the City's insurance. He acknowledged that there are no guarantees in insurance, and since we are not eligible for coverage under the state pool because our assets exceed $50 million, he feels that the pool represents the best plan. Savings of $80,000 would result. As a result of our membership, the pool, too, would be strengthened which would help us in the long run. He said that having a majority of small cities as members is an advantage because smaller cities have smaller risks and exposures with smaller losses. The City will be facing a tight budget next year and $80,000 would mean a great deal. The deductible losses would be negligible. He trusts that Dawson is telling us the truth, and that this is the best policy for the City.
Mrs. Bobst acknowledged that an $80,000 savings would not be taken lightly. In her research, she has found other pools with strength in assets. Although Dawson has done a great deal to strengthen this pool, she does not feel that they have come far enough at this point, and that the risk is there for the community. Therefore, she favors remaining with McGowan and St. Paul.
Mr. Gollinger noted that the Administration is charged with the responsibility of running the City. They have brought the bids for insurance coverage which both meet specifications and are properly written. He sees this as an opportunity to save funds which will be needed for other purposes. He is not concerned about catastrophic claims because that will be covered by a large reinsurer. The total savings would be significant. The current insurer seems to have negative feelings. Mr. Gollinger believes the pool will grow, and the time to start saving is now.
Mr. Frost investigated the possibility of catastrophic loss, and is now reassured that this will be covered by reinsurance under the Dawson bid, and having had a chance to look at the City's history with McGowan, he is now in favor of this ordinance.
Mr. Hurtuk thanked the Administration for its enormous effort over the past few years to make the bid package stronger and more comprehensive. This is a difficult decision, but he feels that the lowest bid is not always the best. Expecting the unexpected, he is more comfortable with McGowan because of their financial strength.
Mr. Gollinger reminded Council that the pool insures only municipalities which makes it more viable.
Mrs. Bartolozzi compared the advantages of the pool v. its disadvantages. Of great importance is its low bid, and it has made tremendous strides since its last bid. Its existing deficits, however have convinced her that it would not be prudent to go with the pool at this time.
Mrs. Bobst pointed out that it is difficult to estimate cost savings over the last three years because not all claims experience has been realized. Claims from 1995-1997 are just being settled, so it will be some time before a final accounting is possible.
Vote: Gollinger - aye Potterfield - nay Frost - aye
Malling - nay Bartolozzi - nay Hurtuk - nay
Bobst - nay
2 ayes 5 nays DEFEATED
ORDINANCE NO. 221-03 BY LINDA S. BARTOLOZZI
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 2004 AT A TOTAL COST OF $281,171.00
2ND READING
Moved by Mrs. Bartolozzi, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 221-03 be read on three separate days be suspended, and that Ordinance No. 221-03 be placed upon its passage:
Discussion: As with Ordinance No. 220-03 the contract is expiring at the end of the year and a new contract is needed.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mrs. Bartolozzi, seconded by Mr. Malling, that Ordinance No. 221-03 be passed as read:
Discussion: A policy is needed in place for the first of the year, and this is the last legislative meeting of the year. This policy provides the same coverage as in the past. Acknowledging that this was a most difficult decision, Mrs. Bobst thanked the Mayor for his earlier comments, but expressed a need for a more conservative approach.
Vote: Gollinger - nay Potterfield - aye Frost - nay
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
5 ayes 2 nays PASSED
ORDINANCE NO. 227-03 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH ENVIRONMENTAL CONTROL LABORATORIES FOR LAB ANALYSIS OF WASTEWATER SAMPLES FOR THE PERIOD ENDING DECEMBER 31, 2004 IN AN AMOUNT NOT TO EXCEED $12,750.00
1ST READING
Moved by Mr. Gollinger, seconded by Mr. Potterfield, that the rule requiring that Ordinance No. 227-03 be read on three separate days be suspended, and that Ordinance No. 227-03 be placed upon its passage:
Discussion: There is no reason to defer passage, since we are mandated to conduct these tests.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Gollinger, seconded by Mr. Gollinger, that Ordinance No. 227-03 be passed as read:
Discussion: This is part of the WWTP process, and measures the content of wastewater. Ten bids were received. This is the lowest as well as being the current provider. Since this is required for a permit, the process should proceed. The cost will be charged to the WWTP fund, of which we will pay approximately 28%
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 228-03 BY THOMAS A. MALLING
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. Malling, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 228-03 be read on three separate days be suspended, and that Ordinance No. 228-03 be placed upon its passage:
Discussion: City Council must pass this ordinance tonight in order for the salaries to become effective 1/1/04.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Malling, seconded by Mr. Hurtuk, that Ordinance No. 228-03 be passed as read:
Discussion: Ms. Wollenzier explained that the changes came about because of contracts negotiated and passed. Also included are 3% raises for non-union employees.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 229-03 BY ROBERT S. FROST
AN EMERGENCY ORDINANCE AMENDING SECTION 333.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE; EVIDENCE", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
Moved by Mr. Frost, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 229-03 be read on three separate days be suspended, and that Ordinance No. 229-03 be placed upon its passage:
Discussion: The purpose of this ordinance and the two following is to bring our Code into compliance with the State code which was recently amended by the General Assembly. Those changes will take effect on January 1, 2004, so we should not delay so that our changes will have the same effective date.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Frost, seconded by Mr. Gollinger, that Ordinance No. 229-03 be passed as read:
Discussion: This ordinance amends Section 333.01 to give officers more latitude in conducting field sobriety tests. Formerly, they had to follow the letter of the NHTSA manual, but that proved not to be always practical. This was confirmed by case law, and has been changed by the General Assembly. Amending our Code means that offenders can be prosecuted under either the State Code or a local code, whichever is more advantageous.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 230-03 BY ROBERT S. FROST
AN EMERGENCY ORDINANCE AMENDING SECTION 335.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "OPERATING A MOTOR VEHICLE WITHOUT A VALID LICENSE", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
Moved by Mr. Frost, seconded by Mr. Potterfield, that the rule requiring that Ordinance No. 230-03 be read on three separate days be suspended, and that Ordinance No. 230-03 be placed upon its passage:
Discussion: As in the previous ordinance, state law will become effective January 1, so we should pass our changes before that date.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Frost, seconded by Mr. Potterfield, that Ordinance No. 230-03 be passed as read:
Discussion: This is more administrative than the previous ordinance, but Mr. Frost indicated that it is good for the prosecutor to have flexibility. Since we are a home rule municipality, however, Mr. Frost praised our Law Director and prosecutor for carefully reviewing which sections should be changed and which do not apply to our City instead of adopting the State code as a whole and then finding sections which do not make sense for our City.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 231-03 BY ROBERT S. FROST
AN EMERGENCY ORDINANCE AMENDING SECTION 335.07 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "DRIVING UNDER SUSPENSION OR IN VIOLATION OF LICENSE RESTRICTION", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
Moved by Mr. Frost, seconded by Mr. Potterfield, that the rule requiring that Ordinance No. 231-03 be read on three separate days be suspended, and that Ordinance No. 231-03 be placed upon its passage:
Discussion: Same as the previous two ordinances.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Frost, seconded by Mr. Potterfield, that Ordinance No. 231-03 be passed as read:
Discussion: Comments made on the previous two ordinances apply to this ordinance.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 232-03 BY THOMAS A. MALLING
AN ORDINANCE AUTHORIZING THE CREATION AND FUNDING OF FEDERAL EMERGENCY MANAGEMENT AGENCY FUND AND DECLARING AN EMERGENCY
1ST READING
Moved by Mr. Malling, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 232-03 be read on three separate days be suspended, and that Ordinance No. 232-03 be placed upon its passage:
Discussion: As mentioned by the Mayor, the City has been awarded FEMA funds. This account needs to be established to receive the funds, and there is no reason to delay.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Malling, seconded by Mr. Hurtuk, that Ordinance No. 232-03 be passed as read:
Discussion: See discussion above.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 233-03 BY THOMAS A. MALLING
AN ORDINANCE AUTHORIZING THE CREATION AND FUNDING OF THE RRMC MEDIATION SERVICES FUND AND DECLARING AN EMERGENCY
1ST READING
Moved by Mr. Malling, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 233-03 be read on three separate days be suspended, and that Ordinance No. 233-03 be placed upon its passage:
Discussion: The Rocky River Municipal Court has created a Mediation Services Fund and requests that an account be established, and it should be done as soon as possible.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Malling, seconded by Mrs. Bartolozzi, that Ordinance No. 233-03 be passed as read:
Discussion: This account will be used to receive fees assessed by the Court upon the filing of each new civil case in the RRMC retroactive to November 1, 2003. This will finance the providing of mediation and dispute resolution services to the users of the court in civil and criminal/traffic cases when appropriate.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 234-03 BY THOMAS A. MALLING
AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2003
1ST READING
Moved by Mr. Malling, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 234-03 be read on three separate days be suspended, and that Ordinance No. 234-03 be placed upon its passage:
Discussion: This is a housekeeping matter, moving funds to cover expenditures that have been approved.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Malling, seconded by Mr. Hurtuk, that Ordinance No. 234-03 be passed as read:
Discussion: Mr. Malling had nothing to add.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
4
RESOLUTION NO. 235-03 BY MAYOR WILLIAM F. KNOBLE,
DIRECTOR OF LAW DAVID J. MATTY AND ALL MEMBERS OF COUNCIL
A RESOLUTION COMMEMORATING THE SERVICE OF THOMAS A. MALLING, WARD 4 COUNCILMAN OF THE CITY OF ROCKY RIVER
1ST READING
Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Hurtuk, that the rule requiring that Resolution No. 235-03 be read on three separate days be suspended, and that Ordinance No. 235-03 be placed upon its passage:
Discussion: Mr. Malling was honored by each Council member in turn for his many years of dedicated service to the City of Rocky River
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that Resolution No. 235-03 be passed as read:
Discussion: Upon passage of the resolution, Mrs. Bobst presented Mr. Malling a briefcase from his fellow Council members, the Mayor and the Law Director. Mr. Malling spoke briefly, expressing his thanks to Council and his high esteem for the community.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Malling - aye Bartolozzi - aye Hurtuk - aye
Bobst - aye
7 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
The Mayor mentioned that Zach Dzurick will no longer be the West Life reporter covering Rocky River. He has been reassigned to cover sports and Stephen White will return to our City.
He added that Judge Gravens will be taking over administrative duties next year.
Mrs. Bobst announced that there will be no meeting next week because it is the fifth Monday of the month. On January 5, elected officials will be sworn in. There will also be a Special Meeting with a short business agenda.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview Avenue, took this opportunity at the last meeting of the year, to wish his Councilman, Mr. Malling, the best. He thanked him for his support in 1993 by voicing his opinion against the proposed jail.
The meeting was adjourned at 9:46 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 held on December 22, 2003. These minutes may be amended or revised at the next Legislative Meeting.