CITY OF ROCKY RIVER

FEBRUARY 11, 2008

Regular meeting of Council was called to order by Mr. Hunt, President pro tem of Council, at 8:03 p.m. in the David J. Cook Council Chambers.

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

Ms. Arabian, Mr. Long

Absent: Mr. Moran

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

Law Director: Mr. Bemer

Press: Ms. Macho, Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Hunt, seconded by Mr. Shepherd and Mr. Furry, that the reading of the minutes of the meeting of the Committee-of-the-Whole and the Executive Session of January 22 and the Legislative Meeting and Executive Session of January 28 be waived, and that the minutes be accepted as submitted.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Ms. Arabian, that the reading of the minutes of the meeting of the Committee-of-the-Whole and the Executive Session of February 4 be waived, and that the minutes be accepted as submitted.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

MAYOR'S REPORT:

The Mayor was saddened to report that Jimmy Valenta, a bailiff in the City's court system for 27 years, passed away this past week. Many City Hall and Court employees will miss his professional, friendly and hard-working ways. The Mayor extended sympathy to his family and friends.

A report has been received from the Division of Water for the 4^th quarter of 2007. This regular report indicated how many work orders were received and the Division's response to the service and repair calls. In this report, there were 71 calls and details of location and results are also provided.

The Mayor then announced with great pleasure that the City has been notified that once again that the Finance Director, Mike Thomas, has been awarded the Certificate of Achievement for Excellence in Financial Reporting. This is the highest form of recognition in government accounting and its attainment represents a significant accomplishment. The Mayor extended congratulations to Director Thomas, and noted that this is the twentieth year that the City has earned this award.

On Friday, the Detroit Road stakeholders meeting will take place at 8:30 a.m. at the Civic Center.

Later that day, at 11:30, a volunteer appreciation luncheon will be held at the Senior Center to acknowledge the efforts of 147 seniors who have donated almost 13,000 volunteer hours to the Senior Center in a variety of capacities.

Tonight, the Mayor indicated that she had had the pleasure of addressing the Rocky River Kiwanis Club at the Civic Center with her State of the City address. Future presentations will be given to the Rotary in two weeks and in May, to the Chamber of Commerce.

The Mayor then turned to Ron Gottschalk, the City's computer specialist who, she said, does a great job of managing the technical resources and assets of the City. He was in attendance to discuss Ordinance No. 17-08.

Mr. Gottschalk explained that this ordinance represents the annual purchase of computers under the State Cooperative Purchasing Act from Dell Computers. Purchasing once a year for all departments means that the City can qualify for premier customer status which gives better pricing; staying with one brand of computer makes maintenance and troubleshooting easier as parts are interchangeable.

He then proceeded to an enumeration of the purchases in this ordinance:

• A replacement for the server for the Finance Department which has the Unix operating system. It is eight years old and needs to be replaced while it is still functioning, as an emergency replacement would not be cost effective. The operating system will be changed to Windows for interoperability with existing equipment which will help keep the Finance Department operating in the event of hardware issues. It will also be compatible with other cities who run similar systems.



• The two laptops are used in the field: one for the Service Department in the sewer correction program, and the second throughout the WWTP for flow-monitoring equipment. These are five and eight years old, respectively.
• Seventeen workstation computers for various departments replacing existing units which are at least four years of age or older. Replacing on a four-year schedule helps to insure that the staff's production is not slowed or stopped. Workstations more than four years old will perform non-critical functions, be held for parts, or sent to auction.



• One Windows Vista workstation which will be an IT test unit, used to test various existing software programs under this operating system for both individual operation and multiple stacking. It must also be tested to be certain that Vista works with the current networking environment. Windows XP will be no longer available after June, 2008. Testing the operating system now will prevent potential problems.

Mr. Long asked if the Finance server is the last running the Unix operating system in the City. Mr. Gottschalk said it was. Mr. Long then asked about the testing on the Vista workstation. Mr. Gottschalk said that one station would allow testing of programs used by the City to see if there will be issues. If a problem should occur, there will be time to find a solution. The next operating system is Windows 7 which is scheduled to be issued sometime in 2010. Programs that will run in the Vista operating system will run in Windows 7.

Mr. Mylen asked if all applications on the Unix system being migrated to Windows have been tested on Windows. Mr. Gottschalk said that they have.

Mr. Hunt thanked Mr. Gottschalk for his presentation.

LAW DIRECTOR'S REPORT:

Mr. Bemer first reported on the City's ongoing review of the right-of-way legislation, the ordinance sponsored by Councilman Shepherd. The Law Director has discussed the issue with the City of Cleveland Heights, upon whose legislation our ordinance is modeled. They are having some legal dialogue with utilities concerning financial aspects of their ordinance, including their performance bond and their fees. As a result, the Law Director will make some changes so that Rocky River does not encounter similar difficulties following passage.

Another approaching piece of legislation has been mandated by the Ohio EPA, four separate pieces of stormwater management which need to be addressed. One has a direct impact on Rocky River residents, particularly those who live along the City's waterways, including lakeshore property owners and those with riparian rights along the Yacht Club Basin area. Mr. Bemer has spoken with an attorney who acts as a consultant to address certain issues to reinforce the City's posture as an advocate for these property owners because the legislation may seriously impair their ability to utilize their property in the future. In the next few weeks, that legislation will be presented once the consultant is in place.

The third matter is the Quiet Zone process. Mr. Bemer acknowledged that he appreciates Council's diligence and patience with this issue and especially waiting for a response from Norfolk Southern. He was in touch with the City Engineer's office last week and forwarded the most recent e-mails to Council. These identified an inquiry by the engineer as to the state of the process and future steps. Those e-mails also show that the train count is established as eight; the next step is for the railroad to review the circuitry at the four crossings to assure that motion sensors are in place or if not, will shortly be in place. In the meantime, the City continues to wait for a report from the railroad.

• Mr. Mylen asked how long the wait is anticipated to be, as he has received inquiries. Mr. Bemer said that he has no history except for anecdotal through Director Linden who worked with the railroad to convert to rubberized crossings. That took a couple of years to complete. Mr. Bemer said that he would continue to be diligent in pursuing a response, but was unable to commit to a time frame.



• Mr. Furry asked if riparian rights is a state or federal issue. Mr. Bemer said that it was a state issue of the Ohio EPA. The model ordinance provided by them is quite rigorous in their control of all lands that abut lakefront or riveredge properties. He asserted that it did not take into account a property like the Yacht Club Basin, which is a recreational facility with manmade erosion control and bulkheads, docks, etc. It should be the intent and purpose of the City to promote that activity as a balanced way of maintaining natural resources as well as property use of residents.



• Mr. Shepherd asked if these are administrative issues which have been passed or are being contemplated. Mr. Bemer responded that he thought initially that it was legislation that was mandated. He has since learned that the Ohio EPA has authority to regulate, but the approach of different communities is that if they do not require review, they do not have to make any submissions. However, the City of Rocky River has an environmental permit which is reviewed every five years and expires this spring, so it is incumbent to have the legislation in place during the time of review. Other issues include setback requirements, and the model legislation suggests no dredging be permitted which is prohibitive of the West Channel which is used for boating and fishing.

Mr. Hunt thanked Mr. Bemer for his diligence, noting that he has received calls on both the Quiet Zone and riparian rights issues.

COMMITTEE REPORTS:

Parks and Recreation Committee: Ms. Arabian spoke with Recreation Director Mike Patterson last week and reported that the Recreation Department is implementing a new babysitting service on Friday evenings for families, without the requirement that they be in the building using the recreation facilities. The project promises to be popular, as this Friday's session was already sold out.

• Mr. Mylen noted that while he is in favor of offering babysitting services, he asked Mr. Bemer if there are liability issues since parents are leaving the building. Mr. Bemer and the Mayor will consult with Mr. Patterson to see if there are issues.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Hunt mentioned that next Monday is the commemoration of Presidents' Day, so Council will meet on Tuesday beginning at 8:00 p.m. with a Public Hearing on Ordinance No. 116-07, the rezoning of the property owned by St. Christopher Church.

AUDIENCE PARTICIPATION: NONE

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 comments during his report and requested that the ordinance remain on hold until issues being experienced in Cleveland Heights can be settled.

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 this ordinance will remain on hold this evening. A public hearing will be held on February 19 about this legislation and once that is concluded, the ordinance will be discussed once more.

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

2^ND READING

Moved by Mr. Mylen, seconded by Mr. Long, that the rule requiring that Ordinance No. 16-08 be read on three separate days be suspended, and that Ordinance No. 16-08 be placed upon its passage:

Discussion: This ordinance was discussed last week, and since legal issues have been settled, and discussions on the importance of immediate passage were held last week, there is no reason to delay.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

Moved by Mr. Mylen, seconded by Mr. Shepherd, that Ordinance No. 16-08 be passed as read:

Discussion: Mr. Linden reiterated that purchase of this vehicle will augment the City's fleet which is usually maintained at 15 and is now reduced to six. He indicated that another ordinance to purchase a second scooter will be presented later this evening.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 17-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE (1) SERVER FOR THE FINANCE DEPARTMENT AND EIGHTEEN (18) COMPUTER WORKSTATIONS AND TWO (2) LAPTOP COMPUTERS FOR VARIOUS DEPARTMENTS UNDER THE STATE COOPERATIVE PURCHASING ACT FROM DELL COMPUTER AT A TOTAL COST NOT TO EXCEED $33,393.92

1^ST READING

Moved by Mr. Mylen, seconded by Mr. Furry, that the rule requiring that Ordinance No. 17-08 be read on three separate days be suspended, and that Ordinance No. 17-08 be placed upon its passage:

Discussion: Because the quote is of limited duration and a full summary was presented this evening, Mr. Mylen said that this ordinance should move forward.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

Moved by Mr. Mylen, seconded by Mr. Long, that Ordinance No. 17-08 be passed as read:

Discussion: Mr. Hunt thanked Mr. Gottschalk for coming to discuss these purchases.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 18-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2008 CHEVY IMPALA FOR THE SENIOR CENTER UNDER THE STATE COOPERATIVE PURCHASING ACT FROM TAYLOR CHEVROLET AT A COST NOT TO EXCEED $18,866.50

1^ST READING

Moved by Mr. Mylen, seconded by Mr. Long, that the rule requiring that Ordinance No. 18-08 be read on three separate days be suspended, and that Ordinance No. 18-08 be placed upon its passage:

Discussion: Mr. Mylen noted that this ordinance and the four which follow were discussed last week in detail at the meeting of the Committee-of-the-Whole. Mr. Linden had made a strong case for passage of the ordinances so that the vehicles can be ordered while supplies are available.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

Moved by Mr. Mylen, seconded by Mr. Shepherd, that Ordinance No. 18-08 be passed as read:

Discussion: Mr. Linden explained that the vehicles being purchased in Ordinances 18-08 through 22-08 are on the 5-year equipment list and are provided for in the budget. This vehicle goes to the Senior Center, and they prefer the cars because it is easier to load, unload and transfer residents, as well as being more economical. This is an additional vehicle, not a replacement.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 19-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) FULL SIZE 2008 CARGO VAN FOR THE FIRE DIVISION AND TWO (2) FULL SIZE 2008 CARGO VANS FOR THE SERVICE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM BOB McDORMAN CHEVROLET, INC. AT A COST NOT TO EXCEED $47,923.98

1^ST READING

Moved by Mr. Mylen, seconded by Mr. Long, that the rule requiring that Ordinance No. 19-08 be read on three separate days be suspended, and that Ordinance No. 19-08 be placed upon its passage:

Discussion: See discussion for Ordinance No. 18-08.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

Moved by Mr. Mylen, seconded by Mr. Furry, that Ordinance No. 19-08 be passed as read:

Discussion: This ordinance was discussed last week at the meeting of the Committee-of-the-Whole.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 20-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2008 FORD FOCUS FOR THE BUILDING DEPARTMENT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM KERRY FORD, INC. AT A COST NOT TO EXCEED $13,336.00

1^ST READING

Moved by Mr. Mylen, seconded by Mr. Long, that the rule requiring that Ordinance No. 20-08 be read on three separate days be suspended, and that Ordinance No. 20-08 be placed upon its passage:

Discussion: See discussion for Ordinance No. 18-08.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

Moved by Mr. Mylen, seconded by Mr. Furry, that Ordinance No. 20-08 be passed as read:

Discussion: See discussion for Ordinance No. 18-08.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 21-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2008 CHEVY EXTENDED CAB PICKUP TRUCK FOR THE SERVICE DIVISION AND ONE (1) 2008 CHEVY EXTENDED CAB PICK UP TRUCK FOR THE WASTEWATER TREATMENT PLANT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM TAYLOR CHEVROLET AT A COST NOT TO EXCEED $28,257.00

1^ST READING

Moved by Mr. Mylen, seconded by Mr. Furry, that the rule requiring that Ordinance No. 21-08 be read on three separate days be suspended, and that Ordinance No. 21-08 be placed upon its passage:

Discussion: See discussion for Ordinance No. 18-08.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

Moved by Mr. Mylen, seconded by Ms. Arabian and Mr. Long, that Ordinance No. 21-08 be passed as read:

Discussion: See discussion for Ordinance No. 18-08. These are purchased at the standard state price. Ms. Arabian asked about the savings and Mr. Linden indicated that it could be $4000 to $5000 by buying under this plan, depending upon the vehicle and the bids submitted.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 22-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2008 CHEVY SILVERADO FOR THE RECREATION DEPARTMENT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM TAYLOR CHEVROLET AT A COST NOT TO EXCEED $24,871.50

1^ST READING

Moved by Mr. Mylen, seconded by Mr. Long, that the rule requiring that Ordinance No. 22-08 be read on three separate days be suspended, and that Ordinance No. 22-08 be placed upon its passage:

Discussion: Mr. Linden reiterated that the trucks should be ordered as soon as possible because there are a limited number available under the State Cooperative Purchasing Act, and if orders are not placed at an early date, the dealer may not be able to fill it.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

Moved by Mr. Mylen, seconded by Mr. Shepherd, that Ordinance No. 22-08 be passed as read:

Discussion: See discussion for prior ordinances.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Hunt - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 23-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) RECONDITIONED, 2003 REFUSE SCOOTER VEHICLE FROM BAKER VEHICLE SYSTEMS AT A TOTAL NET COST NOT TO EXCEED $18,440.00

1^ST READING

Mr. Mylen asked that this ordinance be placed on the agenda of the meeting of the Committee-of-the-Whole for discussion next week.

ORDINANCE NO. 24-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE POOL CHEMICALS FOR THE RECREATION DEPARTMENT POOLS FROM THE WHITMER COMPANY

1^ST READING

Ms. Arabian explained that the pool chemicals are necessary, but there were only two bidders. This past week, the low bidder was acquired by the other bidder. The higher bidder will honor the price for the chemicals, but they wish to impose an additional delivery charge and that question is pending until Mr. Patterson returns from a conference. Council will discuss the matter further when more information is available.

MISCELLANEOUS BUSINESS:

Mr. Bemer asked about a pending liquor permit transfer, but since it need not be returned until March 5, discussion will be deferred.

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:54 p.m.

_____________________________ _______________________________

Thomas J. Hunt Misao Kurokawa

President Pro Tem of Council Clerk of Council