CITY OF ROCKY RIVER

FEBRUARY 25, 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: Ms. Macho, Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Moran, seconded by Mr. Shepherd, that the reading of the minutes of the meeting of the Committee-of-the-Whole of February 11 be waived, and that the minutes be accepted as submitted.

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

Arabian - aye Long - aye Moran - abstain

6 ayes 0 nays 1 abstention PASSED

Moved by Mr. Moran, seconded by Mr. Furry and Mr. Long, that the reading of the minutes of the meeting of the Public Hearing, Committee-of-the-Whole and the Executive Session of February 19 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 commented that the most notable happening of the week was that this morning, Rocky River was the location for a Town Hall Meeting held by presidential candidate Senator John McCain. She estimated that 800 to 900 attended the event at the Don Umerley Civic Center, noting that it was well-organized and praising Sen. McCain's advance team along with the City's safety forces and the staff at Memorial Hall. There has been a great deal of positive feedback from all parts of the country about the part played by Rocky River, and the Mayor pointed out that it was an opportunity to be a part of history and part of our nation's democratic process. She thanked all who attended including all of Council, members of the Administration, other elected officials, the local press, volunteers, but most importantly, the large number of residents from the entire area. Photo coverage has appeared on the internet, and on television showing the City in a very positive light which she described as a proud moment for Rocky River.

Another proud moment will be at tomorrow's ceremony awarding the rank of Eagle Scout to Adam Pullar which the Mayor will attend to read a proclamation on behalf of the Administration and City Council. Adam's project was the planting of a rain garden near the ice rink in collaboration with both the City and the Cuyahoga Soil and Water Conservation District. This project has resulted in the education of the community and fellow scouts about the importance of rain gardens in managing water runoff.

Last week's meeting with Mayor Fitzgerald and the Law Director of Lakewood regarding the dog park was very productive. Mayor Fitzgerald will review some engineering reports and background materials first presented to Lakewood's administration as well as City Council regarding the location of the dog park. As reported by Law Director Bemer some time ago, the Mayor has sensed a willingness to work with Rocky River to the extent that they can and to be a good neighbor. The Mayor expressed her appreciation to Mayor Fitzgerald.

Last week meetings continued with many civic organizations planning River Days. Once those plans are set, the Mayor will apprise Council of all the activities. She noted that it will be similar to last year's event.

Finally, the Mayor requested an Executive Session under Article X, Section 6, Subsection (2) of the Charter to discuss the purchase of property for a public purpose.

MOTION:

Moved by Mr. Moran, seconded by Mr. Furry, that at the request of the Mayor, an Executive Session be held prior to the termination of tonight's meeting to discuss the purchase of property for public purposes under Article X, Section 6, Subsection (2) of the Charter.

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

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Discussion: Mr. Moran noted that the Mayor had praised many members of the Administration for their roles in this morning's program, but he said that he would like to "take his hat off to the Mayor", pointing out that she did a wonderful job as a representative of the City. He acknowledged all the work she did in preparing for Senator McCain's visit and thanked her for everything she did.

LAW DIRECTOR'S REPORT:

Mr. Bemer also praised the Mayor's efforts in preparing for a major event in so little time. He also acknowledged Police Chief Wagner and his department for their work. He said that Sen. McCain is a humble man and does not like the fuss made by federal security. As a result, there is increased strain on our police forces for crowd control and security. He said that it showcased Rocky River and was a most successful event.

A report has been received from Norfolk-Southern for the month of January which showed an average of 2½ trains per day. No day had more than 5 trains.

The Law Director asked that Amended Ordinance No. 100-07 be held once more; the review of utility comments is approximately half completed, and he estimates that it may be finished in another two weeks.

Mr. Bemer indicated that in about the same period of time, a proposal should be received from a consultant who will address riparian rights management with stormwater legislation. This is of great interest to the Yacht Club basin area and contiguous properties along Lake Erie. It is primarily Ohio EPA-driven legislation and it may impact those properties and their owners.

Finally, he reported on Council President Moran's query last week concerning correspondence from a village and its issues with a three-read rule and emergency ordinance status. For clarification, the Law Director explained that this issue has been raised by a village which cannot be chartered under the home rule authority of the Ohio Constitution. As a result, they must follow the Ohio Revised Code (ORC) under which questions arise as to when a mayor is considered part of the legislative authority for voting purposes. Fortunately for Rocky River, the Charter is very clear and the three-read rule can be waived by a 3/4 vote, or 6 members, and emergency ordinances can be passed with a 2/3 vote, or 5 members. Rocky River, therefore, does not have a problem with the issue of the mayor being part of the legislative authority as it would under the ORC with respect to villages.

• Mr. Moran explained for those who had not heard the original issue, that the question raised concerned the 2/3 and 3/4 votes. One is 5.25, for example, and the question was raised about the fractional vote.



• Mr. Furry asked about the consultant being hired to study riparian rights. He wondered if it could be economical to pool resources with other waterfront communities. Mr. Bemer indicated that he had consulted with Lakewood and Bay Village who have also hired consultants, but not the same one. Rocky River's consultant is Joseph Koncelik, an attorney with Frantz Ward, who was engaged through City Engineer Michael Mackay. Mr. Koncelik has had significant involvement with the Ohio EPA and was employed successfully in Middleburg Heights. Mr. Bemer has negotiated a flat fee rate, and weekly conversations are keeping the Law Director apprised of progress. Meetings and a proposal should follow within the next two weeks.

• The Mayor added to information about the McCain visit by indicating that when she first spoke to the advance team, she asked about what would be required from EMS, law enforcement, traffic control, facilities and other issues. They were firm in their stance that they did not want to place a burden on the City or expect the City to absorb costs. As a result, costs to the City were minimal. One request they did make was that the event be open and welcoming, resulting in additional concerns for the Safety-Service Director. Mayor Bobst directed a special thank you to him.

COMMITTEE REPORTS:

Safety Committee: Chairman Shepherd commended the Mayor, the Safety-Service Director and the Police Chief for their handling of the very challenging security arrangements for the McCain visit. They did an excellent job.

Parks and Recreation Committee: Ms. Arabian reported from last Wednesday's meeting of the Parks and Recreation Commission that attendance figures at the City's recreation facilities continue to rise. The ice rink will close on Friday, March 21 with a "melt the ice" party which takes place before conversion to a soccer field. Several new programs will be unveiled for the upcoming season.

COMMUNICATIONS AND ANNOUNCEMENTS:

The Ohio Municipal League will sponsor a seminar for newly-elected council members on Saturday, March 1 from 9:00 to 3:00 in Independence. Any council member interested should contact Mr. Moran. The Mayor added that Rocky River is a member of the OML and therefore, attendees from our City would be entitled to the member rate.

A letter has been received from Jane Platten, Director of the Cuyahoga County Board of Elections which requests that Rocky River and all chartered communities schedule their municipal primary elections on the second Tuesday in September, and the filing deadline 75 days prior to the election.

• The Mayor elaborated, explaining that the Board of Elections (BOE) is attempting to standardize the primary election date among all chartered municipalities, making it the second Tuesday in September. This will not affect this September's election, but the BOE would like to see it in place for September, 2009. She indicated that it will be forwarded to the Charter Review Commission for consideration and possible recommendation to Council for placement on November's ballot.



• Mr. Bemer noted that currently, the primary is on the seventh Tuesday before the general election. Petitions must be filed 60 days before the primary.

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 while the final draft is being prepared.

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"

3^RD READING

Moved by Mr. Long, seconded by Mr. Hunt, that Ordinance No. 116-07 be passed as read:

Discussion: Mr. Long indicated that a Public Hearing was held last week on this ordinance. A representative from St. Christopher Church was in attendance to address concerns, of which there were none. Mr. Long commented that there was no reason to delay passage, as this ordinance has been pending since last year.

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

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 24-08 BY ANJANETTE C. ARABIAN

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

Ms. Arabian explained that it will be necessary to amend this ordinance because the Whitmer Company has been acquired by Ohio Pool Aquatics, the other bidder. This was discussed at the last meeting of the Committee-of-the-Whole, and there was an outstanding question regarding the amount to be spent. Ms. Arabian said that it will range from $12,000 to $13,000. A delivery charge issue also remains to be discussed. At this time, the ordinance will remain on hold.

ORDINANCE NO. 26-08 BY ANJANETTE C. ARABIAN

AN EMERGENCY ORDINANCE AUTHORIZING THE CITY OF ROCKY RIVER, OHIO TO BECOME A MEMBER OF THE U.S. COMMUNITIES, AND DIRECTING THE MAYOR TO ENTER INTO THE MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT AND TO EXECUTE THE PARTICIPATING PUBLIC AGENCY REGISTRATION WITH U.S. COMMUNITIES

1^ST READING

Moved by Ms. Arabian, seconded by Mr. Long, that the rule requiring that Ordinance No. 26-08 be read on three separate days be suspended, and that Ordinance No. 26-08 be placed upon its passage:

Discussion: Ms. Arabian reported that Recreation Director Patterson would like to utilize this organization for the purchase of playground equipment this spring, and would like to move forward with planning for purchases as soon as possible.

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

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Ms. Arabian, seconded by Mr. Long, that Ordinance No. 26-08 be passed as read:

Discussion: As discussed at the meeting of the Committee-of-the-Whole, U. S. Communities is a purchasing alliance that allows the purchase of playground equipment at lower cost. Director Patterson has spoken with Sandusky and Wooster who have both used this source, and their experiences have been positive. This alliance allows providers to meet specifications in a more consistent way. Of particular interest is that Game Time, from whom the City has purchased a great deal of equipment, is a vendor with this organization. This will be an efficient way to procure the equipment needed for the City Hall playground.

Mr. Mylen asked if there is any cost to the City to join. Ms. Arabian said there was not.

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

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

RESOLUTION NO. 27-08 BY ALL MEMBERS OF COUNCIL

AN EMERGENCY RESOLUTION TO APPOINT ANJANETTE C. ARABIAN, COUNCILMEMBER-AT-LARGE, AS A MEMBER OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF ROCKY RIVER

1^ST READING

Moved by Mr. Moran, seconded by Mr. Long, that the rule requiring that Resolution No. 27-08 be read on three separate days be suspended, and that Resolution No. 27-08 be placed upon its passage:

Discussion: This resolution should be passed since Ms. Arabian has already attended meetings of the Commission, and is chair of the Parks and Recreation Committee. Three readings are not necessary.

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

Arabian - abstain Long - aye Moran - aye

6 ayes 0 nays 1 abstention PASSED

Moved by Mr. Moran, seconded by Mr. Furry and Mr. Long, that Resolution No. 27-08 be passed as read:

Discussion: See discussion above.

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

Arabian - abstain Long - aye Moran - aye

6 ayes 0 nays 1 abstention PASSED

RESOLUTION NO. 28-08 BY ALL MEMBERS OF COUNCIL

A RESOLUTION TO APPOINT DAVID W. FURRY, COUNCILMEMBER-AT-LARGE, AS THE ROCKY RIVER CITY COUNCIL REPRESENTATIVE TO S.A.F.E. (SAFE AIR FOR THE ENVIRONMENT) COUNCIL OF GOVERNMENTS

1^ST READING

Moved by Mr. Moran, seconded by Mr. Shepherd, that the rule requiring that Resolution No. 28-08 be read on three separate days be suspended, and that Resolution No. 28-08 be placed upon its passage:

Discussion: Mr. Moran observed that as chair of the Environmental Committee, Mr. Furry is a good representative to the S.A.F.E. Council of Governments. The Mayor noted that the next meeting has not yet been scheduled, but it will follow the meeting with the director of the airport as they are awaiting results of the Part 150 noise study. Passage this evening will insure that his appointment will be in place before the next meeting.

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

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays 1 abstention PASSED

Moved by Mr. Moran, seconded by Mr. Shepherd and Mr. Long, that Resolution No. 28-08 be passed as read:

Discussion: Mr. Moran expressed confidence that Mr. Furry will represent the Council well. The Mayor will also attend these meetings as vice-president.

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

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 29-08 BY ALL MEMBERS OF COUNCIL

AN EMERGENCY ORDINANCE APPOINTING THE CHARTER REVIEW COMMISSION AS PROVIDED IN ARTICLE X, SECTION 4 OF THE CHARTER OF THE CITY OF ROCKY RIVER, OHIO

1^ST READING

Moved by Mr. Moran, seconded by Mr. Furry, that the rule requiring that Ordinance No. 29-08 be read on three separate days be suspended, and that Ordinance No. 29-08 be placed upon its passage:

Discussion: Mr. Moran emphasized the importance of this ordinance to seat the Charter Review Commission. It needs to be enacted as soon as possible so the commission can begin its review of the Charter.

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. Furry and Mr. Long, that Ordinance No. 29-08 be passed as read:

Discussion: Mr. Moran also commented that applications were received from many residents, and he thanked all of them for being willing to be involved in a non-paying position for the betterment of the City. He thanked those who will serve, but also to those who were not selected, Mr. Moran expressed appreciation for their willingness to serve.

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

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO. 23-08 BY MICHAEL W. MYLEN

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

2^ND READING

Discussion was held on this ordinance last week at the meeting of the Committee-of-the-Whole.

ORDINANCE NO. 25-08 BY JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE MODIFYING SECTIONS 1340.03 AND 1340.99 OF THE CITY OF ROCKY RIVER CODIFIED ORDINANCE CONCERNING THE STANDARDS FOR THE INSTALLATION AND USE OF SMOKE AND CARBON MONOXIDE DETECTORS FOR LEASED OR RENTAL PROPERTIES, INCLUDING CRIMINAL PENALTIES

1^ST READING

Discussion was held on this ordinance last week at the meeting of the Committee-of-the-Whole.

Moved by Mr. Moran, seconded by Mr. Long, 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 and Mr. Furry, 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: NONE

As there was no further business by members of Council, members adjourned to Executive Session at 8:45. Mr. Moran thanked everyone for attending and announced that the meeting would be adjourned following the Executive Session without further discussion.

The meeting was adjourned at 9:03 following the Executive Session.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council