CITY OF ROCKY RIVER

FEBRUARY 9, 2009

The 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. Mylen, Mr. Shepherd , Mr. Furry,

Mrs. Arabian Whitman, Mr. Long, Mr. Moran

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

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the Legislative Meeting of January 26 be waived, and that the minutes be accepted as submitted.

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

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays 1 abstention PASSED

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the meeting of the Committee-of-the-Whole of February 2 be waived, and that the minutes be accepted as submitted.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

President Moran reminded everyone that next week's meeting will be held on Tuesday, February 17 in observance of Presidents' Day on Monday.

MAYOR'S REPORT:

The Civil Service Commission has scheduled a police examination on March 25 which will be posted in local newspapers. In an effort to streamline the process, there will be an online application process which can be accessed through the City's website. This will begin on

February 23. A maximum of 200 applications will be accepted.

The Mayor was pleased to announce that Safety-Service Director Linden has already submitted the City's request for salt for the 2009-2010 season under the State Cooperative Purchasing Program. She thanked Mrs. Costello and Mr. Linden for submitting the request in a timely fashion.

In Thursday's Plain Dealer the Mayor noted there was a partial list of 18,750 proposed projects submitted as "shovel ready" to the federal government by area cities. She explained that recently the City has been asked to assemble lists of projects for immediate needs, but many other projects have not been engineered, as this is a costly process and is not done until financing is in place. She expressed concern because Rocky River, which did not attend the U.S. Conference of Mayors in Washington, D.C., was not listed in the newspaper, and noted that the City does, indeed, have many needs, but did not receive a request in this instance to submit "shovel ready" projects. However, every time there is an opportunity to submit projects, the City has readily complied. Most recently, a request was received from the EPA, and the City submitted the Elmwood Road Sewer Project. She was hopeful of funding to some extent, and thanked Engineer Michael Mackay and Director Linden for their work in preparation of responses to these requests.

Regarding the weather and its impact on the Rocky River, the Mayor noted that there was an ice jam beginning on Saturday, continuing into the night. Several protocols are in place:

• Conditions are being monitored by the police, particularly Sgt. Gulas, along with the Service Department. The Metroparks are watching the Yacht Club basin and residents and business owners along the river are also involved.



• Lists have been updated so that residents in the Yacht Club basin can be contacted efficiently as they were at 4:00 a.m. on Sunday when they were alerted that the river was turning.



• No one was injured, but there was some flooding and much ice. This morning, the Service Department cleaned up as much ice and debris as possible. Most properties were not damaged, although some docks were destroyed.



• The Mayor expressed relief that there was no rain in addition to the fairly rapid thawing of the ice. The City will continue to work with residents to insure that safety precautions are taken.



• Superintendent Harrington of the WWTP reported that at its peak, 80 million gallons flowed into the plant. Since the capacity is about 125 million, the Mayor said that indicates that the plant was able to handle everything in the absence of more precipitation.

Responding to Councilman Mylen's concern about providing residents with information on the digital transition of television, the Mayor indicated that the City's website had information the morning following his inquiry. The e-update was postponed, however, because Congress changed the date to June. Revised information will be provided.

In Recreation Department news:

• The department has reduced its part-time payroll by 640 hours for the most recent period. They continue to watch their expenditures.



• The Ice Show will be March 28 and 29.



• The Basketball Challenge Cup will be March 27, and the Mayor encouraged all Council members to participate.

On Thursday, City Music Cleveland will present a free concert at 7:30 p.m. at the Rocky River United Methodist Church.

Family Game Week, sponsored by the Community Coalition, is this week. The Mayor encouraged all families to turn off their television sets and play games together.

Biggest Loser "City Edition" is a friendly competition between neighbors Fairview Park and Rocky River which will begin next month. Registrations for residents of either city will be handled through their respective recreation centers and will be held from February 11 to March 1.

Rocky River has once more been awarded Tree City USA recognition by the Arbor Day Foundation. This marks the 25^th year that the City has received this distinction.

Discussion: Mr. Hunt thanked the Mayor for the update on the Yacht Club Basin. He reported that this evening the river was flowing rapidly through the west channel, but said there was significant backup at the railroad bridge. Residents with whom he has spoken were pleased with the City's response.

Mr. Moran also viewed the scene last night. He reported that the staff was working very hard, particularly Mr. Gulas who was protecting the dock from damage.

LAW DIRECTOR'S REPORT:

Regarding the Mayor's report on the civil service process, Mr. Bemer indicated there was dialogue among West Shore communities to consolidate and coordinate efforts in the examination of potential candidates. Rocky River has entered into a contract for a one-time fee of $2000 to have agility tests administered by Cuyahoga Community College which has the validation of certification. Recently there has been serious discussion with two other communities as to whether the testing of March 25 could be shared. Timing and coordination were not yet possible, but there is a potential for regionalization of the process which would also help manage costs. The matter will be proposed to the West Shore Law Directors which will keep the interest alive and move this forward.

This Thursday, an annual seminar through the Metropolitan Bar Association on public records will be held at the Galleria on E. 9^th Street. The program is free of charge and will be presented by the Attorney General's office. Any elected officials or public employees may attend this seminar.

Mr. Bemer also reported that he has not yet heard from AT&T.

Discussion: Mr. Furry asked for further information concerning the Tri-C testing of candidates. The Law Director explained that in the past, agility testing has been done by members of the police division. Tri-C is certified, based on national data, to identify what aspects of agility testing are considered valid standards for male or female candidates.

Mr. Furry also asked if there is a charge per applicant. Mr. Bemer said that there is a cost which is paid by the candidate.

Regarding the seminar, Mr. Bemer and the Mayor clarified that each elected official is required to attend one session per term.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran noted that the Rocky River girls' swim team won its conference. He congratulated them and wished them continued success as they move on in the district and regional competitions.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 94-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE DIRECTING THE MAYOR TO EXECUTE AN EASEMENT TO THE OHIO BELL TELEPHONE COMPANY DBA AT&T OHIO ON PROPERTY OWNED BY THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

Mr. Hunt indicated that this ordinance has been pending for some time, and based upon the Law Director's report this evening, it will continue on hold until Council has had an opportunity to discuss any correspondence received from AT&T.

ORDINANCE NO. 103-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE DIRECTING THE MAYOR TO EXECUTE AN EXCLUSIVE AND A NON-EXCLUSIVE EASEMENT TO THE OHIO BELL TELEPHONE COMPANY DBA AT&T OHIO ON PROPERTY OWNED BY THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBITS "A-1" AND "A-2"

This ordinance authorizes an exclusive and non-exclusive easement sought by AT&T and as with Ordinance No. 94-08, it will also be on hold, pending discussion of communication from AT&T.

ORDINANCE NO. 128-08 BY THOMAS T. LONG

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NOS. 301-18-066 AND 301-18-067 IN THEIR ENTIRETIES, FROM THEIR PRESENT CLASSIFICATION OF OFFICE (O-3) TO SERVICE/MANUFACTURING (S/M) AS FURTHER DESCRIBED IN EXHIBIT "A"

Mr. Long indicated that this ordinance will again be considered during the Public Hearing to be held next week.

ORDINANCE NO. 4-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR FUNDING EIGHTY PERCENT OF THE COSTS FOR RESURFACING LAKE ROAD (WITH A MAXIMUM FUNDING TOTAL OF $708,000)

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Shepherd and Mr. Long, that the rule requiring that Ordinance No. 4-09 be read on three separate days be suspended, and that Ordinance No. 4-09 be placed upon its passage:

Discussion: Mr. Hunt noted that timing is important, and this agreement must be signed and returned to ODOT so that the project can move forward. This will be for the first phase of the project.

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. Mylen and Mr. Furry, that Ordinance No. 4-09 be passed as read:

Discussion: Mr. Hunt explained that ODOT will pay 80% of the resurfacing cost up to a maximum of $708,000. The City will be responsible for the balance. The project has been considered for a long time. Following signing of this agreement, the project can go to bid so that when weather permits, the project can begin.

The Mayor added that the total award is $776,000; page 2 of the agreement shows that the additional $68,000 will be part of the second phase of the project which will begin next year.

Mr. Hunt noted that the total project estimate is $885,000.

Mr. Furry asked if project development and design as mentioned in the agreement was submitted by Mr. Mackay. The Mayor confirmed that Mackay Engineering will administer this project.

Mr. Furry also asked who the contractor is. The Mayor indicated that this funding agreement must be signed before bids are solicited.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Shepherd asked about the Plain Dealer article concerning the Northeast Ohio Regional Sewer District and its proposed fees. The Mayor explained that Rocky River and the other West Shore communities have their own wastewater treatment plant and are independent from that district and will not be subject to those fees. She said that Rocky River's fees compare favorably with fees paid by others.

The Mayor also noted the good news in the Plain Dealer about unemployment rates and property values in the City. She said that many comments have been received about Rocky River's being one of the few communities where property values have increased.

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:32 p.m.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council