CITY OF ROCKY RIVER

JANUARY 28, 2008

Regular meeting of Council was called to order by Mr. Moran, President of Council, at 8:00 p.m.

in the David J. Cook Council Chambers.

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Mylen, Mr. Furry,

Ms. Arabian, Mr. Long, Mr. Moran

Administration: Mayor Bobst, Mr. Linden, Mr. Thomas

Law Director: Mr. Bemer

Press: Mr. Saylor, Ms. Macho

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Moran, seconded by Mr. Hunt, that the reading of the minutes of the Legislative Meeting and the Executive Session of January 14 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

MAYOR'S REPORT:

The Mayor was pleased to report that in the latest issue of the Ohio Parks and Recreation Commission's magazine, released the names of recipients for their awards of excellence and the Don Umerley Civic Center's award of Outstanding was publicized.

During the past week, Economic and Community Development Director Koran and the Mayor met with Carol Poh, a historical consultant, to discuss the establishment of a National Register Historic District in the City. Ms. Poh is reviewing the information provided by the County and will make a site visit to identify the potential districts. She will present her findings and a proposal for her services to create and submit application to the Department of the Interior.

Tomorrow is the grand opening of Lakewood Hospital's new offices at Beachcliff Market Square. The event will begin at 5:00 p.m.

On Wednesday morning the Detroit Road stakeholders' meeting will convene to begin discussions regarding the creation of a streetscape work plan. The Mayor expressed great pleasure at the response received from invited property owners, business owners, members of the Planning Commission, the BZA, Council members, the Beautification Committee and individuals who worked on the Master Plan Working Group. This is the first of a series of meetings before the plan is finalized.

Bid openings last week for pool chemicals are being reviewed and will be presented to Council in packets on Friday.

This evening a proclamation will be presented to representatives from Community Challenge on behalf of the Administration and City Council. This is for their Asset Building Coalition's Family Game Night and Family Game Week.

The Mayor also noted the presence of former Ward 3 Councilman, Frank Gollinger.

Noting the presence of guest, Ms. Julie Johnson of Community Challenge, Mr. Moran turned to Mr. Hunt for a discussion of the organization and Ordinance No. 4-08.

Mr. Hunt explained that Ordinance No 4-08 will authorize the agreement between the City and Community Challenge. He thanked Ms. Johnson and asked her for information on the background of the organization and the benefits for residents which will accrue from the expenditure of $43,500 which would be helpful, particularly to new Council members.

Ms. Johnson noted that her organization was looking forward to working with the City in its 23^rd year of service. Their highlight this evening is the third annual Family Game Week coordinated by the Rocky River Coalition for Youth Asset Development. She introduced Sharon Anghilante, the volunteer coordinator, and Mary Joan Papajcik from the office who will now be the paid coordinator for the organization. Family Game Week will be Sunday, February 10 through Saturday, February 16 and is a week for families to unplug electronic devices (televisions, computers, video games, cell phones) and spend time together as a family to play traditional board games. She indicated that, based on the Asset Development framework and research, spending quality time together as a family promotes protective factors in young people that allow them to resist engaging in alcohol and drug use and other risky behaviors.

Ms. Johnson then summarized some services and special events from last year which touched the lives of more than 12,000 individuals.

• Student services within the schools included referral services, life skill classes, a suicide prevention group, and the 5^th annual Challenge Day for the entire 7^th grade class aimed at eliminating bullying and violence.
• In cooperation with the high school and the Police Department, 11 eduvention classes were provided as well as parent seminars and classes and guest programs. A county-wide children of alcoholics project was also undertaken which included workshops and a website which allows visitors to access information privately, www.shoutinginside.com. Plans to collaborate with the City on River Days are under way and the Basketball Challenge Cup will take place on March 7.

These activities are all undertaken with the goal of keeping kids healthy and drug-free.

Mr. Moran asked about the blending of Recovery Resources and Community Challenge and how it would affect the organization.

• Ms. Johnson responded that services would not be negatively impacted. The organization is actually hoping to add services because Recovery Resources has an enhanced infrastructure with additional fiscal oversight, a grant-writing department and a development department which will allow Community Challenge to draw on both organizations to access additional funding to maintain the quality of services. Additional funding is received from Alcohol and Drug Addiction Services Board of Cuyahoga County. Responding to further questions from Mr. Moran, Ms. Johnson added that Recovery Resources is large, a $9 million dollar organization which provides substance-abuse prevention and treatment services in addition to mental health. Combining with them will enable Community Challenge to provide additional services.



• Mr. Hunt asked for further details on services provided under Rocky River's funding. Ms. Johnson responded that the figure was compiled a number of years ago. This amount specifically funds River Resource whose annual costs are approximately $10,000 to $12,000. It also provides for eduvention services for any youngster and family referred by the City through the Police Department and helps with parenting programming and community events. One most important service is to help place prevention specialists in the schools. The schools contribute also, but without City funding, it would not be possible to have a full-time position in the high school and part-time in the middle school.

Mayor Bobst then presented a Proclamation to Ms. Johnson, Ms. Papajcik and Ms. Angilhante that honored the Rocky River Community Coalition that has organized the Third Annual Family Game Night

LAW DIRECTOR'S REPORT:

Mr. Bemer indicated that when House Bill 187 was passed in 2007, it provided significant updates in the area of promotion, probation, testing and evaluation in filling Civil Service positions which, in Rocky River, are police and fire. An opening which must be filled has occurred in the promotional area of the Fire Department, and time is important in the process. A meeting was held last Tuesday afternoon and another is scheduled for tomorrow afternoon to address needs and update rules and regulations providing for the process.

Two items of legislation continue to be reviewed.

• The first is the right-of-way management legislation. Mr. Bemer indicated to Mr. Shepherd that the review is not yet complete so it has not yet been submitted for councilmatic action.
• The second is stormwater management legislation concerning the setbacks and riparian rights in the water courses. This is a significant issue and concern for our City because it has significant waterways with the Yacht Club Basin and properties which abut Lake Erie. Mr. Bemer is looking carefully at the legislation proposed by the Ohio EPA to see its impact on our community and determine which portions should be presented to City Council.

The Norfolk-Southern train count for December has been received. It shows an average of 2.7 trains per day passed through the City, which is a significant drop from the previous 3.5. He will continue to meet with City Engineer Mackay concerning the Quiet Zone process which began some time ago. He hopes to have an update in the next two weeks.

Discussion: Mr. Hunt thanked Mr. Bemer as he had intended to ask about progress in the establishment of the Quiet Zone. He noted that he has also had many calls from residents interested in the impact of the riparian setbacks.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran announced that applications are being accepted for residents interested in serving on the Charter Review Commission. Mr. Moran requested that letters of interest and resumes be forwarded to the Clerk of Council at City Hall no later than Friday, February 8. The Commission's work will be complete by June, 2008.

AUDIENCE PARTICIPATION:

Fred I. Sokol, 20021 Parkview Avenue, addressed Ordinances 4-08, 16-08, 2-08, 3-08, 5-08,

6-08, 8-08, 12-08, 13-08, 14-08, which he said were this evening's spending ordinances. Reading headlines from recent issues of the Plain Dealer which commented on economic conditions, he observed that money is needed everywhere. He said that spending under Pending and New Ordinances is $54,894.00; under Consent, the total is $654,357.31. He said that as a taxpayer, he like to see his money spent in-house: instead of AAA Pipe Cleaning, the City can do the work. Emergency sewer repair can be done by the City's sewer people. As to auditing services, he would like to see that done by the Finance department instead of paying a firm to look at the books. As to the Development Code, the Law Department could revise them and save money.

Kevin Connors, 20061 Bonnie Bank addressed the same ordinances as Mr. Sokol. He said that he likes the services provided by the City and realizes they must be paid for.

Mr. Moran commented that he enjoys the opportunity for comments. He thanked the Administration for its oversight of the City's financial health. He thanked Mr. Linden for being certain that enough employees are hired to do the job, but not too many. At specific times, it often makes sense to outsource projects instead of hiring additional workers.

MOTION:

Moved by Ms. Arabian, seconded by Mr. Hunt, Mr. Long and Mr. Furry, that, at her request, an Executive Session be held immediately following regular business to discuss the appointment of a public official under Article X, Section 6, Subsection (1) of the Charter.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Mr. Moran noted that the Executive Session will be held directly before the conclusion of the meeting and that following that session, no further business will be discussed.

AMENDED ORDINANCE NO. 100-07 BY JAMES MORAN/JOHN B. SHEPHERD

AN ORDINANCE TO AMEND PART NINE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, OHIO TO INCLUDE A NEW CHAPTER 913 TITLED RIGHTS OF WAY ADMINISTRATION

Mr. Shepherd referred to the Law Director's report during which Mr. Bemer explained that this ordinance is currently under review by his department and by the Building Department in the light of comments received from the utilities. Following that review, the ordinance will have its third reading.

ORDINANCE NO. 116-07 BY FRANK B. GOLLINGER/THOMAS T. LONG

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 304-09-005 FROM ITS PRESENT CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL

(1F-R1) TO PUBLIC FACILITY (PF) IN ITS ENTIRETY AS FURTHER DESCRIBED IN EXHIBIT "A"

Mr. Long indicated that at last week's meeting of the Committee-of-the-Whole, a public hearing was set for February 19. Following that hearing, Mr. Long will discuss the matter further and move for passage.

ORDINANCE NO. 4-08 BY THOMAS J. HUNT

AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WITH COMMUNITY CHALLENGE TO PROVIDE CERTAIN SOCIAL SERVICES BENEFICIAL TO THE CITY FOR THE SUM OF $43,500.00 AND

DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Long, that the rule requiring that Ordinance No. 4-08 be read on three separate days be suspended, and that Ordinance No. 4-08 be placed upon its passage:

Discussion: Mr. Hunt explained that Council has heard from Ms. Johnson this evening; the ordinance has been pending and Council has had an opportunity to review the contract. Passage this evening will put the funding in place and allow the City to reap the benefits offered by Community Challenge. There is no reason to delay.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Ordinance No. 4-08 be passed as read:

Discussion: Mr. Hunt praised the referral services provided, noting that they greatly benefit the community. He recommended passage of the ordinance.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 16-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE ONE (1) RECONDITIONED, 2000 REFUSE SCOOTER VEHICLE FROM BAKER VEHICLE SYSTEMS AT A TOTAL NET COST NOT TO EXCEED $11,394.00

1^ST READING

Mr. Mylen indicated that scooters are very important so that the City can provide the services enjoyed by residents. This ordinance will be discussed at next week's meeting of the Committee-of-the-Whole.

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO 2-08 BY THOMAS T. LONG

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH D.B. HARTT, INC. FOR PROFESSIONAL SERVICES REGARDING A REVIEW OF THE CITY'S DEVELOPMENT CODE, CODIFIED ORDINANCE CHAPTERS 1101 THROUGH 1183, IN AN AMOUNT NOT TO EXCEED $69,800.00

2^ND READING

Mr. Long observed that this ordinance was discussed in detail at last week's meeting when Mr. Koran was in attendance. He noted that such a dynamic document, over time, will acquire accretions which need attention. D.B. Hartt is well positioned to assist the City in formulating a better Development Code.

ORDINANCE NO. 3-08 BY THOMAS T. LONG

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO CONTINUE THE HERITAGE HOME LOAN PROGRAM AGREEMENT AND AUTHORIZING THE PAYMENT OF AN ADMINISTRATIVE FEE OF $5,600.00

2^ND READING

Mr. Long said Director Koran also explained details of this agreement at last week's meeting of the Committee-of-the-Whole. This authorizes an administrative fee. The program has been well-received and a good number of residents are served both by loan and technical assistance.

ORDINANCE NO. 5-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE TWO (2) 2008 - 7400 SBA 4 X 2 TRUCK CHASSIS FOR THE SERVICE DIVISION UNDER THE OHIO DEPARTMENT OF TRANSPORTATION'S COOPERATIVE PURCHASING PROGRAM FROM INTERNATIONAL TRUCK AND ENGINE CORPORATION AT A COST NOT TO EXCEED $123,984.00

2^ND READING

Mr. Mylen noted during last week's discussion of this ordinance, Mr. Linden told Council members that if the trucks are ordered by February 29, there will be savings of $6000 per truck, or $12,000 in all. This purchase is part of the planned replacement program.

ORDINANCE NO. 6-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE TWO (2) 2008 TRUCK BODIES WITH SNOW PLOW PACKAGES FOR THE SERVICE DIVISION UNDER THE STATE'S COOPERATIVE PURCHASING PROGRAM FROM CONCORD ROAD EQUIPMENT MANUFACTURING, INC. AT A COST NOT TO EXCEED $79,965.04

2^ND READING

Mr. Mylen observed that these two packages are related to the trucks to be purchased in Ordinance No. 5-08. Both were discussed at last week's meeting of the Committee-of-the-Whole.

ORDINANCE NO. 7-08 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING THE ADJUSTMENT OF SEWER RATES PAID TO THE CITY OF LAKEWOOD FOR THE TREATMENT OF SANITARY SEWAGE

2^ND READING

Mr. Moran explained that this ordinance concerns the 109 homes that, because of their location, send their wastewater to the Lakewood WWTP. The City of Rocky River must be certain to pay for these services.

ORDINANCE NO. 8-08 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE CITY OF CLEVELAND, DIVISION OF WATER FOR WATER METER READINGS AND FIRE HYDRANT WATER USED OR NEEDED BY THE CITY OF ROCKY RIVER IN THE TOTAL AMOUNT OF $54,533.27

2^ND READING

Mr. Moran explained that in order to continue to receive water when needed, this bill must be paid. Also, as discussed last week, the water meter readings are necessary for the City's sewer billings.

ORDINANCE NO. 9-08 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING THE CREATION AND FUNDING OF THE SEWER REHABILITATION FUND, A CAPITAL PROJECTS FUND OF THE CITY OF ROCKY RIVER

2^ND READING

As discussed last week, Mr. Moran recalled that the additional $25 per quarter which appears on the sewer bills will be directed to this fund to be spent only for sewer rehabilitation and repair. The Mayor added that this fund will also include fund transfers, grants and loans. This fund will be used directly only for the rehabilitation of sewers.

ORDINANCE NO. 10-08 BY ANJANETTE C. ARABIAN

AN EMERGENCY ORDINANCE AMENDING SECTION 954.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING CIVIC CENTER RECREATION FEES, AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Ms. Arabian recalled that Mr. Patterson attended the last meeting to discuss activities in the Rec Department. This ordinance institutes a summer only fee for college students, a four-month pass for $75; extends to employees of the City of Rocky River who are non-residents, membership at resident rates; and implements a wellness program which, hopefully, will benefit not only individuals participating, but the City, with healthier employees.

ORDINANCE NO. 11-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH FABRIZI TRUCKING & PAVING CO., INC. FOR THE EMERGENCY REPAIR OF STORM AND SANITARY SEWERS WITHIN THE CITY OF ROCKY RIVER FOR A PERIOD OF ONE (1) YEAR NOT TO EXCEED $150,000.00

1^ST READING

Mr. Hunt described this ordinance as an annual "safety net" that will allow the City to make necessary repairs as problems are encountered over the course of the year. Numerous occasions have occurred where sanitary sewers require immediate repair, and this will allow the City to act immediately.

ORDINANCE NO. 12-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF SAFETY SERVICES TO ENTER INTO AN AGREEMENT WITH AAA PIPE CLEANING, INC. FOR THE 2008 SEWER TELEVISING PROGRAM IN AN AMOUNT NOT TO EXCEED $120,000.00

1^ST READING

Mr. Hunt explained that this is a vital part of the City's sewer rehabilitation program and enables the Service Department to pinpoint problems at locations with flooding and backups. After problems have been located, they can be addressed and corrected.

ORDINANCE NO. 13-08 BY JAMES W. MORAN

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH CIUNI & PANICHI, INC. FOR AUDIT SERVICES AT A COST NOT TO EXCEED $27,360 AND DECLARING AN EMERGENCY

1^ST READING

As discussed last week, Mr. Moran indicated that the City cannot do its own audit work, but must hire an independent outside firm to examine all City accounts. This needs to be done so that the City can comply with the law.

ORDINANCE NO. 14-08 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENTS WITH CIUNI & PANICHI, INC. FOR PROFESSIONAL ACCOUNTING SERVICES FOR THE CITY OF ROCKY RIVER AND THE ROCKY RIVER WASTEWATER TREATMENT PLANT AT A COST NOT TO EXCEED $23,115

1^ST READING

Mr. Moran indicated that some costs will be shared for the WWTP accounting services. This accounting firm had the best background and has done work for the City in the past.

ORDINANCE NO. 15-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY SERVICE DIRECTOR TO ENTER INTO A CONTRACT FOR THE PURCHASE OF CATIONIC POLYMER FROM POLYDYNE, INC. FOR ONE YEAR FOR THE WASTEWATER TREATMENT PLANT AT A COST OF $1.42 PER POUND

1^ST READING

Mr. Furry noted that approximately 20,000 pounds of this product are used annually. During the last ten years, the price has fluctuated from $1.25 to $1.66 per pound. This year's contract shows a savings of 9.5% from last year.

Moved by Mr. Moran, seconded by Mr. Long and Mr. Hunt, that the rule requiring that the ordinances of the Consent Agenda be read on three separate days be suspended, and that said ordinances be placed upon their passage:

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Long, that the ordinances of the Consent Agenda be passed as read:

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION:

Kevin Connors, 20061 Bonnie Bank Blvd., indicated that 20073 Bonnie Bank is being completely rehabilitated. Mr. Connors expressed joy that the two problem properties on the street are both being addressed. Both next door to him and at the end of the street, great improvements are being made. He said that his only remaining complaint is the box at the end of the street.

Mr. Connors also asked about why the City has to pay what it does for water meter readings. As asked at a past meeting, he wondered why, if this is a public record, the cost to obtain it is so high.

• Mr. Bemer turned to Mr. Linden who explained that about 15 years ago that rate was negotiated. Before that time, City workers read the meters and the cost of doing that was more than what was being paid. The fees ranged from $10,000 to $20,000 up to $100,000, which the City of Fairview Park is currently paying. Rocky River's agreement calls for only one reading resulting in great savings. Every municipality is charged for those readings which are not public records, but are a service provided by the City of Cleveland.



• Mr. Bemer observed that the people who work in the Building Department are very diligent in keeping an eye on properties which may be problems and making certain that maintenance issues are addressed. He recognized Mr. Bart Connelly, in attendance. Mr. Connors also noted that he had met Mr. Pat Nugent when investigating the two problem properties on his street. He said that the inspector was approachable and explained a great deal to him. He also mentioned Mr. Clayton Zell-and noted that he even saw Mr. Gollinger on his street following discussion in Council. He expressed pleasure in living in this kind of city.

Frank B. Gollinger, 18540 E. Shoreland, asked the Finance Committee Chairman to review the information between Amended Ordinance No. 123-07, the budget, and Amended Ordinance No. 136-07 which set forth annual salaries and hourly rates. His question related to the Department of Human Resources which had an increase which he said was high. He asked if this was a typographical error.

• Mr. Moran explained that the position has been reviewed and has changed in its roles and responsibilities which should be commensurate with the pay scale. Council members were apprised of the situation.

Bill Welsh, 1050 Orchard Park asked about the current status of Project Lightspeed.

• The Mayor recalled that AT&T had been asked for an update in writing about issues with the batteries, including fires and explosions as reported in the Plain Dealer. This has not been provided in writing, but a representative did tell the Mayor that a consultant had been hired to evaluate the batteries and replace any that were experiencing problems which had appeared in other states. AT&T has received a statewide franchise so they are positioned to start their buildout. The City has not received any requests for new cabinetry. The Mayor will meet with Kevin Lynch later this week and expects to discuss issues of boxes, batteries and placement of new equipment to serve Project Lightspeed. As yet, the City has heard nothing new except that they have received a statewide franchise agreement. Cox Communications will also pursue such a statewide franchise.



• In response to Mr. Welsh's question of whether a building is still planned, the Mayor said that she has asked the company to work with the City on the placement of boxes in non-residential areas and the improvement of technology. He then asked whether the City will have any control over the placement of boxes. Mayor Bobst said that it would and that is why right-of-way legislation is being pursued.



• Mr. Bemer recalled that Council has passed legislation providing for the same 3% fee to be returned to the City by AT&T that Cox now pays.

As there was no further business by members of Council, members adjourned to the Executive Session at 9:15 p.m.

The meeting was adjourned at 9:40 p.m. following the Executive Session.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council