CITY OF ROCKY RIVER

FEBRUARY 23, 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. Furry, Mrs. Arabian Whitman

Mr. Long, Mr. Moran

Absent: Mr. Shepherd

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

Law Director: Mr. Bemer

Press: Ms. Pritchard

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 February 9, and the Public Hearing and the meeting of the Committee-of-the-Whole of February 17 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

MAYOR'S REPORT:

The Volunteer Recognition luncheon was held at the Senior Center last Friday. The Mayor observed that the Center has eight full-time employees, 21 part-time employees and 18 independent contractors; last year it also enjoyed the services of 150 individuals who volunteered 13,060 hours. Volunteer services ranged from income tax preparation (280 forms), flu shots (700), the transportation program (1137 registrants and almost 8000 trips), and the deli lunch program (14,778 meals). The Volunteer of the Year was Mrs. Marge Zeleznik who is a retired nursing instructor from St. Vincent Charity Hospital and is involved in many community clubs, organizations and service activities. The Mayor credited Mrs. Zeleznik with serving in many activities which improve the quality of life for many community members. She also thanked the Council members who attended, as well as the Law Director.

This evening the Mayor and Council President Moran attended the Internet Crimes Against Children Task Force meeting at the high school. The meeting was very well attended by both parents and students who heard a presentation from Ptl. George Lichman of the Police Division and a member of the Task Force.

The Mayor announced the appointment of Carol Jacobs last week to the Records Commission. Ms. Jacobs is currently the curator of the Cowan Pottery Museum at the library, was past president of the Historical Society and was an archivist at Severance Hall for the Cleveland Orchestra. The Mayor observed that Ms. Jacobs clearly knows how to retain and preserve records and understands the scheduled disposition of records.

• The Mayor also noted that the City is finalizing records retention and disposition schedules for each department. At the meeting of the Commission last Thursday, good progress was made. She indicated that Council will also be asked to complete its schedule for the records that it keeps. Finalized schedules will be submitted to the Ohio Historical Society for approval so that the records can be disposed of according to the schedule.

A question raised by resident phone calls is the correct name of the street in front of the Westlake Hotel. She confirmed Mr. Long's response of West Lake Road, changed from Blount Street in June, 1950. She said that new signage will be placed to clear up any confusion.

In 2010 the United States Census will be conducted and the Census Bureau has requested the use of the Don Umerley Civic Center for hiring and training employees and the dissemination of information. The first round will be five days at the end of March and beginning of April for training sessions.

The Sewer Flow and Strength Study will be moving forward. At the last meeting of the WWTP Management Committee, a 60-day study was approved, unlike the 30-day studies performed in the past. The reason for the longer period is that more accurate information can be gathered and the longer period will allow opportunity for review of the data as it is being collected. The last study had to be repeated at a cost of about $40,000 to Bay Village because that city realized at the completion of the analysis that they had had a broken sewer which skewed the figures, resulting in a higher percentage that they were obligated to pay. For this study, data will be reviewed at intervals to see if any unusual figures are being collected. The cost of the study will be shared by the four communities. Eight requests for proposals were sent to local engineering firms and the Mayor hopes to have them returned and an ordinance prepared by the middle of March.

The Building Department and the Fire Prevention Officer have completed the final inspections of the new Westwood Country Club. The final touches will be completed following approval by the County Health Department. As of now, an opening date is not known.

Regarding the Storefront Renovation Rebate Program, unlike past programs which were not available to Rocky River, in 2009 this program will provide a 30% rebate up to $6000 for exterior improvements to any business located in the urban county, which includes Rocky River. This means that, among others, improvements to the facade, signage, awnings, windows, doors, painting, cleaning, lighting, or ADA access will be eligible. The Building Department has copies of the application, and the Mayor noted that the City must be part of the approval process before owners can apply for funds. The program will begin on March 2 and ineligible projects include interior improvements, and elements that are not visible from the street. In addition, schools, residences, strip malls and plazas and franchise businesses are not eligible. Information will be posted on the City's website.

Correspondence from the County Treasurer Jim Rokakis indicates that there will be a tax lien sale at the end of May. Several Rocky River properties are slated for that sale, and the Administration is currently evaluating the vacant and abandoned properties to see if the City wishes to keep the properties under land bank consideration. A response will be sent to Mr. Rokakis before the end of March.

The meeting for the update of the Development Code will be Wednesday at 7:00 p.m. The Mayor said that attendees should have received an e-mail with attachments to be studied before the meeting.

Discussion: Mr. Hunt said that he would have been interested in attending the internet safety meeting held this evening at the high school, but could not because of the conflict with the Council meeting. He asked if the meeting had been recorded. The Mayor responded that the meeting was videotaped and a Power Point presentation was prepared by Ptl. Lichman. She offered to contact Ptl. Lichman tomorrow to see if they are available for circulation.

• Mr. Moran noted that the attendance at the meeting was very good, about 100 people, including students, parents, school administrators, police and members of the community.

LAW DIRECTOR'S REPORT:

Mr. Bemer announced that this Thursday's meeting of the Chamber of Commerce will feature Brian McCann, a representative of the consolidated committees concerning commuter rail. His committee recently joined forces with All Aboard Ohio! to seek state and federal funding for commuter rail, which if implemented on the Norfolk-Southern tracks, could affect Rocky River.

Mr. Bemer then explained a public records litigation case involving the City which began approximately a year ago. He said that the City was targeted on a records request, explaining that there are statutory damages or monetary awards when there is a denial of records which are presumed to be a violation of the Public Records Act. A request was made to the Law Department for personal records and the Police Division for records involved in litigation of a criminal matter in the Rocky River Court and another which had to do with a theft of a checking account. The decision handed down on Thursday makes it clear that a checking account number cannot be withheld and makes the City responsible for $1000, a one-time violation cost.

Points of interest include:

• The City prevailed on the release of personal information which is outside the scope of public records. (Mr. Bemer was asked for his cell phone and expense account records which the City does not provide.) He explained that a public record defines the functions, operations, activities and decision-making processes of a public body. Personal addresses of a public employee need not be disclosed.
• The Law Director said that he believed the City was targeted and the motive was financial gain, not for use or interest in any particular public record.
• In this case, a sheet of paper with the request for information was presented without name or contact information. A verbal request is also to be accepted. Employees commit a violation if they request a name or any reason for the request without informing the requester that this need not be given. Rocky River employees asked who was to be called at the number given, and the requester deemed that to be a violation. Fortunately, the Court of Appeals considered Mr. Bemer's argument that this was a matter of common courtesy.
• The City was cited in the original matter of the bank account records.

Discussion: Mr. Furry asked if further staff training has been done. Mr. Bemer said that the staff is well-versed in the rules, but the records requested were arbitrary and the process utilized was stilted. The City was targeted in this case.

Mr. Long asked if any other cities have suffered from this targeting. Mr. Bemer said that a number of other communities were also targeted. He pointed out that in the middle of the requesting process, the requesters offered to settle for $1500, but he felt there was a principle involved and after conferring with the Mayor, he decided to protect and defend the process which he feels is legitimate and maintains transparency. The City has had no complaints from newspaper reporters that the City is trying to evade requests. In conversation with fellow law directors who were also involved, two cities paid a settlement and other cases are pending.

Responding to Mr. Furry, Mr. Bemer said that further appeal to the Supreme Court is still possible. He said that the City will provide the records to which the petitioner is entitled, according to the Court, but the question of appeal is still open.

COMMITTEE REPORTS:

Parks and Recreation Commission: Mrs. Arabian Whitman reported from Wednesday's meeting of the Commission that in its ongoing quest for efficiency and improvement, the pool will close one hour before the rest of the facility Monday through Thursday. This is based upon careful record-keeping of usage which shows a marked decrease during the final hour that the center is open. Since the pool currently closes one-half hour early, this extra time will allow more time for cleanup and fewer staff hours. She cited this as an example of how the Recreation Department is always seeking ways to be more efficient but still provide community services.

The long-term problems with the roof were also considered. A consulting company, H.R. Gray, has been hired to assess the problem and evaluate possibilities so that a final solution can be undertaken.

The new gas contract that has been signed city-wide will mean savings for the Recreation Department because of all the gas used to heat the pool and buildings.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran commented on a resolution forwarded by the City of Middleburg Heights regarding the reduction by ODOT of their contractual obligation to provide the city with road salt.

• Mr. Linden said that Rocky River's contract says that the City can purchase up to 150% of its request, and has not been notified that this figure will be changed. The new contract for 2009-2010 will be 80% to 120% of the requested figure. He said that he hopes there will be no problem with the ODOT bidding process because that would leave the City to buy salt on its own. For the last 10 years, the City has averaged 4200 tons per year; this year it has already used 4800 tons. The request made for 5000 tons should still serve well.

Mr. Moran asked if Rocky River is responsible for plowing and salting I-90.

• Mr. Linden said that at one time, it was a City responsibility. About eight years ago, however, ODOT took over maintenance of the highway.

Mr. Moran also congratulated the Rocky River High School athletes:

• The hockey team won the conference Baron Cup. They will go on to the sectionals against either St. Ignatius or Lakewood.

• The girls' basketball team won its conference and is in sectionals now.
• Congratulations to swimmers Stephanie Thomas, Meredith Hauck, Anne Camerino and Paige Ferber who moved on to the state finals. The girls' team finished first in the conference, fourth in N.E. Ohio. The four girls and one diver, Thomas Moran, will go to the state finals.

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, but as there is no further correspondence from AT&T, this ordinance will continue on hold.

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 communication from AT&T.

ORDINANCE NO. 5-09 BY JAMES W. MORAN

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, 2009 AND TO AMEND ORDINANCE NO. 127-08

1^ST READING

Mr. Moran indicated that this ordinance will authorize changes to the budget, moving funds as required. He turned to the Finance Director who explained that all the salary amounts for every department were reviewed in light of the salary ordinance passed at the end of the year. This ordinance outlines the changes that were needed.

For the large addition to the Fire Department, Mr. Thomas said that the projection in the appropriations was incorrect. Had it been noticed during the budget hearings, it would have been changed at that time.

Regarding the reduction in the General Fund total projected for the end of the year, Mr. Thomas pointed out that the year began with a higher unencumbered fund balance than was projected and presented in the budget book, $393,000. This would help offset this large supplemental appropriation.

• Mr. Mylen asked if costs will be lower in the future due to the lower salaries paid to new members of the Fire Department. The Mayor responded that 2 1/4 % was granted by contract to all union employees except the WWTP. At that time, an amended structure was also adopted, and she said that it was expected that lower rates for incoming employees would be seen due to retirements, etc. She indicated that, at one time, all supplemental appropriations were made at the end of the year. Since the miscalculation is known now, it makes sense to make the change now. By the end of the year, because of personnel changes, that number may change.

Mr. Moran referred Council members to their budget books, section 6, page 15 of 48, which shows the fire salaries and the lower number which was in error. He said that if the transfer is not made, nothing will happen now. However, in October when the existing budget has been exhausted, there will be a problem. It is better to make the transfer now, and he said that he has no problems with making the appropriations. To give everyone an opportunity to study the numbers, he intends to move for passage in two weeks.

• Mr. Furry asked if there will be other significant changes, particularly since the budget was approved before negotiations were complete. The Mayor asserted that all negotiated salary items had been reviewed for every department, and adjustments have been made.

ORDINANCES AND RESOLUTIONS UNDER CONSENT

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"

3^RD READING

ORDINANCE NO. 6-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE ADMINISTRATION TO PURCHASE AN ESTIMATED 5,000 TONS OF SALT FOR THE 2009 / 2010 WINTER SEASON FOR THE SERVICE DEPARTMENT UNDER THE OHIO DEPARTMENT OF COOPERATIVE PURCHASING CONTRACT 18 FROM THE STATE-APPROVED VENDOR

1^ST READING

Mr. Hunt noted that there have been previous discussions concerning road salt. This estimated amount allows the City to enter into the ODOT program for next winter with a minimum/ maximum of 80% and 120% (4000 tons to 6000 tons).

Moved by Mr. Moran, seconded by Mr. Hunt, that the rule requiring that Ordinance No. 6-09 of the Consent Agenda be read on three separate days be suspended, and that Ordinance No. 6-09 be placed upon its passage:

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

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

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION:

Brian Ruic, 20358 Westover Road, commented on President Moran's report regarding the recent success of the high school athletic teams, saying that as a judge of the Lincoln-Douglas debates in the National Forensic League competitions, he has participated in finals for the area to determine who qualifies for state finals. He noted that Rocky River had a number of entrants in individual or team events. Some have qualified for state finals and others for nationals. It has been "an incredible treat" to see the most intelligent students standing up and speaking. He said he feels there is a future for the next generation.

On February 14, his wife had to call 911 on his behalf, and the team that responded from the Fire Division used the connections made last year with St. John Westshore so that by the time that he reached the hospital, their on call team for brain injury and heart attacks was ready to help him. He extended highest compliments to members of the squad which responded, as well as to the doctors and staff at St. John Westshore. He stated that this was tax money well spent and constitutionally spent for safety-service of the electorate. He asked that his thanks be passed on to those members of the division.

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

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council