CITY OF ROCKY RIVER

MARCH 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. Shepherd, Mr. Mylen, Mr. Furry,

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

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 23 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 March 2 be waived, and that the minutes be accepted as submitted.

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

Arabian Whitman - abstain Long - aye Moran - aye

6 ayes 0 nays 1 abstention PASSED

MAYOR'S REPORT:

There were three bid openings last week:

• Three bids were received, well under the engineer's estimate, for the Valley View Sewer Project which will replace water lines and be financed from the Capital Improvement budget. The bids are currently being reviewed. The project will include replacement of water lines on Valley View, Edgewood, Winfield, and parts of East Shoreland and High Parkway. Legislation will be on next week's agenda.



• There were several bidders for the sidewalk and concrete contract.



• T-shirts will be purchased for the Recreation Center.

In addition, today six proposals were received for the WWTP Flow and Strength Study. This year the Management Committee has agreed to extend the study to 60 days and alternate bids will also be reviewed. Evaluation of bids will begin tomorrow and the Mayor said she hopes to have the legislation by next week.

The City Engineer's contract will require renewal soon. This will include work on projects being concluded from 2008 and the work being done in 2009.

Regarding the $80,000 premium increase from the Bureau of Workers' Compensation reported last week, Mayor Bobst amended that information to an increase of $71,000.

• Causes of the increase included losses of $170,000 in 2007 and $247,000 in 2008. In considering the premium, both losses and total payroll are reviewed.
• The discount was reduced from 71% to 64%; the City has been told that the discount will also be decreased next year.
• The Bureau has changed the City's credibility factor, used in calculating the premium.

On the positive side:

• There will be an adjustment for the early pay of the premium
• There will also be an adjustment for the group rating through the Rural Water Association
• A 2% adjustment will be made for attendance at the Safety Council meetings.

Some of these will be received during the second half of this year, and the Mayor will report on the final figures when they are available. CompManagement is also reviewing some losses and the premium calculation.

The Mayor has already heard from the State concerning eight of the City's 13 submissions to Ohio's stimulus initiative website, recovery.com.

• ODOT has requested additional information about the Lake Road resurfacing (Phase I), Lake Road reconstruction (Phase II), the Detroit Road Streetscape project, the 2010 paving program and the 2011 paving program. The additional information was submitted by Engineer Mackay's office last week.
• Then the Ohio EPA requested additional information regarding the three WWTP projects for consideration for a low-interest loan. Paperwork will be completed, but the Management Committee must agree to accept a low-interest loan as opposed to a zero-interest loan or a grant for those projects. The Committee will meet this Wednesday.

The CCA (Central Collection Agency), which collects local taxes on behalf of the City, has communicated with the State of Ohio regarding tax returns. As a result, the Mayor reported that the CCA will send letters to more than 1900 residents who filed state income tax returns, but who did not file local returns in 2005, 2006 and 2007. In the Directors' meeting this morning, it was brought out that senior citizens must file a return or an exemption certificate.

CCA will conduct its taxpayer assistance program beginning Saturday, March 28 from 9:00 a.m. until noon. Other dates are: Thursdays, April 2 and 9 from 1 p.m. until 7:00 p.m., and Saturdays, April 4 and 11 from 9 a.m. to noon.

The City's Fire Prevention Officer, Rob Crowe, has submitted a grant application for smoke detectors to FEMA under its Fire Prevention and Safety Grant Program. Last year he launched a pilot program which the Mayor said was a good example of a public and private partnership along with a civic organization: he put together a program in partnership with Home Depot with financial assistance from the Kiwanis to provide dual sensors, special smoke detectors for those who are hearing or visually impaired. There are additional residents in need, and FPO Crowe has applied for the grant of $13,575. A response is expected in a month.

The recent rain increased the flow to the WWTP to almost 119 million gallons at its peak yesterday at 5:42 p.m. The capacity of the plant is about 125 million gallons. There was some flooding in various locations, although not in entire areas. Crews were mobilized that were able to ascertain that the flooding occurred on the residents' sides, but they assisted them with their flooding problems.

Discussion: Mr. Furry asked, if funds are received for the Lake Road project, whether they would be applied to the City's share or against state assistance. The Mayor responded that the City has requested that funds be applied to the local match. She reminded Council of the financing of the project which involves a federal earmark, state funds of $776,000 and a $100,000 pedestrian safety county grant together with the local match. Applying funds to the local match would allow the City to do more in other projects that are not yet completely engineered.

LAW DIRECTOR'S REPORT:

Mr. Bemer observed that traditionally, the Codified Ordinances have been updated with information from the labor contracts. In surveying other west shore communities, he found that no other city undertakes this time-consuming task. Since there is no legal reason to include these updates every three years, Mr. Bemer is in the process of repealing those ordinances which are affected by the collective bargaining agreements.

Further, in the patrolmen's and officers' contracts, he found a scrivener's error in regard to uniform allowances. This error did not affect the rate of reimbursement for uniforms, but the contract had language from 2006-2008. He has modified that language and will forward the revised document to Council.

Mr. Bemer also reported that he has had no word from AT&T. He contacted them some time ago, and he said he would have expected a response by this time.

COMMITTEE REPORTS:

Safety Committee: Mr. Shepherd announced a meeting of his committee on Wednesday, March 25 at 10:30. The agenda is open and he hopes to exchange ideas. If committee members are unable to attend, he invited their questions and concerns for discussion by phone or e-mail. The meeting will be held in the Safety-Service Director's office.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Hunt announced that the Rocky River Baseball Foundation, a non-profit civic organization, will hold a fundraiser to promote youth baseball at all levels at the Beachcliff Tavern at 7:00 p.m. this Saturday. He encouraged anyone who is able to attend and support local baseball.

Mr. Furry mentioned that last Friday, he and Kory Koran, the City's Economic and Community Development Director, attended a meeting featuring the County treasurer, Jim Rokakis, in a discussion of foreclosure. He said it was an informative but sobering event which underscored the fact that this will affect all cities' budgets this year and for many years to come. He also discussed land banks, whose initial goal is demolition and restoration of green space rather the creation of a blighted area. Eventually, he hopes that the land can then be redeveloped.

• Mr. Bemer added that the General Assembly passed legislation that affects only Cuyahoga County to establish the land bank on a county-wide basis. Rocky River has a land bank, established by the City Council in 1996, but it has no properties. The purpose of the project is to address abandoned properties and vacant lands by permitting a municipality to assume control and ownership of the property to return it to green space. Part of the process involves the sale of tax liens to a third party purchaser who pursues the foreclosure action and in that action, the taxes are hopefully brought current. Added to that are penalties which, in turn, are given to communities who have properties in a land bank of structures which need demolition. Hopefully, this would perpetuate the process of returning green space in place of eyesore buildings. When a municipality takes property into its land bank, the past taxes are waived, and the property must be utilized for a public purpose in order to continue the waiving of taxes into the future. The property would be lost to the tax base, however. The Treasurer's office sends the City a list of eligible vacant properties.

Mr. Furry commented further that the Cuyahoga County Land Bank will not supersede the land banks of individual municipalities. If a city does not wish to take over the property, it will pass to the County.

Mr. Moran congratulated the Rocky River girls' basketball team who, for the first time, will play in the regional playoffs at Barberton High School. He wished them the best of luck. He also congratulated Paige Nagy who won first place in the state Forensics competition in Mason, Ohio.

Finally, he noted that Westwood Country Club has completed its construction and will be ready with its new facility for the coming year.

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"

Moved by Mr. Hunt, seconded by Mr. Mylen, that Ordinance No. 94-08 be postponed indefinitely:

Discussion: Mr. Hunt noted that despite the City's best efforts to work with AT&T to reach a solution which will be satisfactory to both parties, no response has been received from AT&T. Mr. Moran said that he hopes the matter can be discussed at some time in the future.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

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"

Moved by Mr. Hunt, seconded by Mr. Shepherd, that Ordinance No. 103-08 be postponed indefinitely:

Discussion: See discussion for Ordinance No. 94-08.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

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

2^ND READING

Mr. Moran noted that this ordinance has been discussed at meetings of the Committee-of-the-Whole and at the last Legislative Meeting. He recalled that this ordinance contains a correction for the Fire Division and a credit for the Police Division for an equipment purchase which will be removed. He said that he will move for passage following the third reading in two weeks.

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION:

Brian Ruic, 20358 Westover Avenue, commented on the City's application for funds from the stimulus package which he called spending into an incredible downward spiral. If funds are set aside or a plan to raise funds for the projects on the recovery.com website, he questioned why the City should request funds, an action he felt would exacerbate the situation later on. He further expressed concern for conditions which might apply to any funds received. He urged extreme caution in dealing with the central government.

Dr. James Schieda, Rocky River Board of Education, thanked Council for acknowledgment of students' achievements.

• Mr. Moran commented that so many students have done a great job, and the City is proud of their individual and team efforts.

As there was no further business by members of Council, the meeting was adjourned at 8:36 p.m.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council