DRAFT

CITY OF ROCKY RIVER

DECEMBER 29, 2005

Regular meeting of Council was called to order by Mrs. Bobst, President of Council, at 6:00 p.m.

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

Mr. Hagan, Mrs. Bobst

Absent: Mr. Frost

Administration: Mayor Knoble, 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. Hurtuk, that the reading of the minutes of the Legislative Meeting and Executive Session of December 12, the Special Meeting, the meeting of the Committee-of-the-Whole and the two Executive Sessions of December 19 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Potterfield - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

MAYOR'S REPORT: NONE

LAW DIRECTOR'S REPORT:

Mr. Matty has received the 87^th report from the Norfolk-Southern Railroad. During the month of November, an average of 2.5 trains per day passed through the City.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mrs. Bartolozzi has received two communications via e-mail:

A letter from Steven Roman, an employee of the Service Garage (Exhibit "A")

A letter from Andrea Hess concerning refuse collections (Exhibit "B")

Mrs. Bobst has received an e-mail communication from Fred Sokol concerning the Service Department contract. (Exhibit "C)

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the 72-hour rule of notification be waived, and that Ordinance No. 188-05 be added to tonight's agenda for consideration at this meeting.

This ordinance was just presented to City Council this evening and should be considered because of labor negotiations.

Vote: Gollinger - aye Potterfield - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

AUDIENCE PARTICIPATION:

Marilyn Jauch, 20874 Morewood Parkway, addressed Ordinance No. 188-05 concerning the Service Department. She stated that raises should be the same across the board.

Kay Burns, 20025 Frazier Dr. praised the Service Department and said that she has been treated well by Service employees. She felt that it compares very favorably to that of Lakewood or west Cleveland.

Tom Belanger, 761 Orchard Park Dr., read a note written to the Service Department which was complimentary and appreciative of the efforts of its employees.

Maureen Bostwick, 761 Orchard Park Dr. would like to know what is going on. She had only good things to say about the City services and would like to see Service Department employees treated with respect.

Charlotte Zak, 3780 River Lane, thinks that the rubbish pick-up service is outstanding. She has found the department to be cooperative over any problem and feels that the City has wonderful service.

Mark White, 3725 King's Post Parkway, said that the service is great and is the reason he moved to the City from another suburb. He works for the union, and would like to see problems resolved so that the City can move ahead.

Fred I. Sokol, 20021 Parkview, read a statement similar to the letter previously placed on the public record concerning the Service Department Contract.

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

Mrs. Bobst indicated that she had communicated with Mr. Frost who was unable to attend this evening's meeting, and that he wished to hold this ordinance without amendment until the next legislative meeting in January when it will be discussed further.

MOTION:

Moved by Mr. Hurtuk, seconded by Mr. Hagan, that Ordinance No. 182-05 be amended as shown in the revised exhibit distributed this evening.

Discussion: Mr. Hurtuk turned to Finance Director Thomas who explained that some changes had to be made in calculated corrections for some appointed employees. He further explained that these changes were separate from contracts which are currently being negotiated.

Vote: Gollinger - aye Potterfield - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 182-05 BY BRIAN F. HURTUK

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

2^ND READING

Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that the rule requiring that Amended Ordinance No. 182-05 be read on three separate days be suspended, and that Amended Ordinance No.182-05 be placed upon its passage:

Discussion: Mr. Hurtuk noted that it is traditional to pass this ordinance which approves new salaries before the end of the fiscal year. He said that he would like to continue the tradition.

Vote: Gollinger - aye Potterfield - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that Amended Ordinance No. 182-05 be passed as read:

Discussion: Mr. Hurtuk noted that the figures in this ordinance were for the appointed employees of the City. Mayor Knoble added that there will be no pay raises for elected City officials over the next two years. The increases for appointed employees this year were 2.5% except for the Clerk of Court and the Court which set their own raises.

Vote: Gollinger - aye Potterfield - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 185-05 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2005 AND TO AMEND ORDINANCE NOS. 22-05, 57-05 AND 106-05

1^ST READING

Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 185-05 be read on three separate days be suspended, and that Ordinance No.185-05 be placed upon its passage:

Discussion: Mr. Hurtuk noted that the budget is not finalized until January or February. In order to keep the City functioning, supplemental appropriations are necessary. Following negotiation of the three labor contracts with Service, Fire and Police divisions, the budget will be finalized.

Vote: Gollinger - aye Potterfield - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Hurtuk seconded by Mrs. Bartolozzi and Mr. Hagan, that Ordinance No. 185-05 be passed as read:

Discussion: See discussion above.

Vote: Gollinger - aye Potterfield - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

RESOLUTION NO. 186-05 BY MAYOR WILLIAM F. KNOBLE, LAW DIRECTOR DAVID J. MATTY AND ALL MEMBERS OF COUNCIL

A RESOLUTION COMMEMORATING THE SERVICE OF EARL W. POTTERFIELD, WARD 2 COUNCILMAN OF THE CITY OF ROCKY RIVER

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the rule requiring that Resolution No. 186-05 be read on three separate days be suspended, and that Resolution No.186-05 be placed upon its passage:

Discussion: Because this is Mr. Potterfield's last meeting, Council wished to pass a resolution honoring him.

Vote: Gollinger - aye Potterfield - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that Resolution No. 186-05 be passed as read:

Discussion: Each member of Council took the opportunity to praise Councilman Potterfield's work on Council, the Planning Commission, and in his many volunteer positions, particularly in the City's recreation programs. They cited his dedication to the community and to his convictions and were unanimous in thanking him for his 23 years of service to the community.

Vote: Gollinger - aye Potterfield - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

RESOLUTION NO. 187-05 BY MAYOR WILLIAM F. KNOBLE AND ALL MEMBERS OF COUNCIL

A RESOLUTION COMMEMORATING THE SERVICE OF DAVID J. MATTY, LAW DIRECTOR OF THE CITY OF ROCKY RIVER

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that Resolution No. 187-05 be read on three separate days be suspended, and that Resolution No. 187-05 be placed upon its passage:

Discussion: Council members wished to honor Law Director Matty as his term of office ends.

Vote: Gollinger - aye Potterfield - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that Resolution No. 187-05 be passed as read:

Discussion: Each Council member spoke of Mr. Matty's service to the community, noting that he had encouraged each of them, kept them focused on legal requirements with his wide and deep knowledge of the Code and the law and inspired their lasting gratitude and respect.

• Mayor Knoble mentioned that a luncheon had been held yesterday to honor him and Assistant Law Director Hotz. Every department was represented.
• Members of the City's Boards and Commissions who have worked with Mr. Matty came forward to thank and praise him: Pat Farrell of the BZA, Dr. Gary Previts of the Tax Review Board, and Tom Long of the Planning Commission all thanked him for his guidance and advice as they made their decisions.
  
  

Mr. Matty responded, saying that he was proudest of the fact that he had been able to control costs for the City during his terms of office. He asked that City officials continue to work together to reach consensus which will enable the City to move ahead. He also honored the members of his family who have supported him and made him proud.

Vote: Gollinger - aye Potterfield - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that, at the request of the Mayor, an Executive Session be held immediately to discuss preparing for, conducting or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment under Article X, Section 6, Subsection 4 of the Charter.

Vote: Gollinger - aye Potterfield - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

Council immediately adjourned for an Executive Session and the Legislative Meeting was reconvened at 7:35 at the conclusion of the Executive Session.

ORDINANCE NO. 188-05 BY WILLIAM F. KNOBLE

AN ORDINANCE ACCEPTING THE FACT-FINDING RECOMMENDATIONS OF ALAN M. WOLK IN SERB CASE NO. 05-MED-10-1243, AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Potterfield, that the rule requiring that Ordinance No. 188-05 be read on three separate days be suspended, and that Ordinance No.188-05 be placed upon its passage:

Discussion: Mrs. Bobst stated that this ordinance is important to labor negotiations which are in process and should be considered so that the negotiations can move forward.

Vote: Gollinger - aye Potterfield - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that Ordinance No. 188-05 be passed as read:

Discussion: Mayor Knoble explained that negotiations are being conducted under rules of the State Employment Relations Board (SERB). Because the City and the Union were unable to reach agreement, a Fact-Finder was chosen by both sides in an attempt to mediate and bring the parties together. Since there was no agreement, the Fact-Finder heard from both sides, asked questions and after considering his decision, he has issued a report. Each side may accept or reject the report and such response must be filed within seven days. Since the report was issued on December 23, Mayor Knoble recommended that a decision be reached this evening. It is his recommendation that the Fact-Finder's report be accepted by Council.

• Mr. Gollinger noted that both sides had had input into the selection of the Fact-Finder and both sides submitted testimony before the report was issued. He mentioned that there have been allegations that the City has not treated Service Department workers fairly, but the Fact-Finder is an independent entity who issues his opinion after hearing from both sides.
  
  
• Mayor Knoble stated that he has not negotiated in the media, and he will not, unless instructed to do so. The City is also engaged in active negotiations with two police unions (for officers and patrolmen) and with firefighters. Those issues are still unresolved, and there is a Fact-Finder with the Fire Division. Issues are health insurance and wages. The Fact-Finding is comparable in all respects with other City-wide employees.
  
  
• Mr. Gollinger noted that the Service Department performs its duties very well and is doing a good job, as is incumbent on all City employees. He emphasized that the Mayor, who had the opportunity to have an increase in compensation, has declined it for the next two years, as have Council members. He further noted that the Fact-Finder is an independent party who weighs evidence given by both sides and renders a decision which he considers fair to both sides. Mr. Gollinger will support that recommendation.
  
  
• Mr. Hagan finds allegations that the Service Department is not performing adequately to be far from the truth, and in fact, they are second to none. He believes the Administration has followed procedure in SERB negotiations, as has the Union, and he will vote to support the Fact-Finder's report.
  
  
• Mrs. Bobst commented that the report was issued to the City on Friday, December 23 and there is a time frame in which it must respond. Once action has been taken, copies of the report will be available, and she noted that the report looks at several factors and weighs the Union's position. She will support acceptance of the report.
  
  
• The Mayor noted that he has cancelled his travel plans and will be available tomorrow for further negotiations.

Vote: Gollinger - aye Potterfield - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mrs. Bobst announced that a swearing-in ceremony will be held next Tuesday, January 3, 2006 at 8:00 p.m. for elected officials.

AUDIENCE PARTICIPATION:

Sandy Collins, 1095 Bates Road, spoke in support of the Service Department, citing the excellent service she receives.

As there was no further business by members of Council, the meeting was adjourned at 7:49 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 December 29, 2005. These minutes may be revised or amended at the next Legislative Meeting.