CITY OF ROCKY RIVER
MARCH 10, 2008
Regular meeting of Council was called to order by Mr. Moran, President 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. Moran
Absent: Mr. Long
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 Ms. Arabian, that the reading of the minutes of the Legislative Meeting of February 25 be waived, and that the minutes be accepted as submitted.
Vote: Hunt - aye Shepherd - aye Mylen - aye
Furry - aye Arabian - aye Moran - aye
6 ayes 0 nays PASSED
Moved by Mr. Moran, seconded by Mr. Shepherd, that the reading of the minutes of the Executive Session February 25 be waived, and that the minutes be accepted as submitted.
Vote: Hunt - aye Shepherd - aye Mylen - aye
Furry - aye Arabian - aye Moran - aye
6 ayes 0 nays PASSED
Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the meeting of the Committee-of-the-Whole and the Executive Session of March 3 be waived, and that the minutes be accepted as submitted.
Vote: Hunt - abstain Shepherd - aye Mylen - aye Furry - aye Arabian - aye Moran - aye
5 ayes 0 nays 1 abstention PASSED
MAYOR'S REPORT:
The Mayor commented that since the last meeting, a terrible ice storm and about 20 inches of snow have been experienced in the City. She said that first, she wished to thank residents whose understanding, flexibility, good safety sense and their communication with the Administration to help the City meet community needs was most helpful. She praised Safety-Service Director Jim Linden, crediting him with being one who knows how to manage a snowstorm and an ice storm in the same week. She also acknowledged the efforts of David Winterich, Service Commissioner and everyone in the Service Department and the Police Division for all that they did. The Director's foresight is what brought the City through in good condition. Recognizing that there is always room for improvement, evaluations are ongoing. One remaining task is the exposure of fire hydrants, and the Mayor asked that residents open the areas around them, or let the City know where that needs to be done. Once more, she thanked Mr. Linden, Mr. Winterich, Mr. Reyes and all the employees and their families.
Refuse collection has resumed on its regular schedule. Last week during the ice storm, refuse collection was postponed one day. This meant that Friday's refuse would be collected on Saturday. With the new snowstorm, the City was unable to collect rubbish that day. The regular schedule has been reinstated and residents have been asked to place their rubbish out on their regular collection day.
During the ice storm on Tuesday, another utility pole went down at City Hall. On Tuesday night, during the election, power went out to almost the entire City Hall campus except for the ice rink. The voting was completed, but power remained out for most of the next day. The generator in the City Hall building is dedicated to the phones and the safety forces. An upgrade to that generator is being considered so that City Hall can function during an outage. The specifications have already been laid out, and they will be evaluated to be certain that the court, safety forces and City Hall would all have electricity. In addition, a generator is being considered to run the Don Umerley Civic Center in an emergency. That would be important because in a disaster a large gathering space may be required. Grant dollars may be available through Homeland Security and Aid to Firefighters.
Tree ordinance bids have been received. The Mayor observed that this ordinance must be considered for passage very soon, so bids are being evaluated, and legislation is being prepared. It may require a Special Meeting of Council on April 7 because it cannot be passed on March 24 with only five members in attendance, and March 31 is the fifth Monday with no meeting scheduled.
Regarding the Quiet Zone, the Mayor has been notified that Norfolk-Southern has chosen to use eight trains per day in Rocky River's Quiet Zone calculations. She noted that it is not the average number of trains nor the maximum number of trains (14). Because they have chosen eight, the Mayor has asked City Engineer Michael Mackay and Kim Kerber of his firm to use that figure in the FRA Quiet Zone calculator to see how it affects the City's risk threshold. She has also asked for the calculation with the installation of a four-quadrant gate at Wagar Road, the crossing with the greatest volume of vehicle traffic.
Regarding the Development Code Update, one-on-one interviews with members of the Administration, Council members, and members of the Boards and Commissions will begin in April for three consecutive days.
The Basketball Challenge Cup, which had to be cancelled because of the storm, has been rescheduled for Wednesday evening. Participants are asked to gather at 5:30 p.m. for the 6:00 game.
The Mayor then introduced guests representing Relay for Life, a fund-raising event which is supported by a resolution on this evening's agenda. Attending the meeting were Mary Blank, Shari Caruso, Maura Neundorfer, Lizzie Hearns and Bence Toth. The resolution will be introduced to Council members for passage this evening so that it can be presented at the relay's kickoff on the first Saturday in April.
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.
Safety-Service Director Linden's Report: Mr. Linden stated that he has not seen two storms of this strength in one week in all the years he has been with the City. Although every storm is unique, these two storms coming so quickly posed special problems.
Mr. Linden praised his Service Department workers who worked around the clock for over 36 hours this weekend. He feels they are the best and have shown exceptional dedication to their jobs, the City and its residents.
Discussion: Mr. Mylen asked about a preliminary risk index analysis for establishment of the Quiet Zone. The Mayor responded that earlier calculations were made with numbers from the monthly reports of Norfolk-Southern. As long as fewer than five trains per day were entered into the calculator, Rocky River was under the Nationwide Significant Risk Threshold (NSRT) without installing any Supplemental Safety Measures (SSM) at current traffic rates. With this new number, that will change, and she is certain that the City will not be below the NSRT. She is hopeful that the installation of one four-quadrant gate at Wagar will be sufficient to place the City below the NSRT. She noted that it is not necessary to treat all of the four crossings; it is possible to treat one crossing and lower the risk index below the NSRT. She hopes to have specifics to present at next week's meeting. She also believes that discussions regarding this number need to be held with Norfolk-Southern. Eight is the highest number on any one given day, and fourteen is the contractual limit. The Mayor noted that even one four-quadrant gate is a significant investment.
Mr. Moran commented that he had received phone calls on both sides of the snow removal situation with some expressing deep appreciation for those working all night. One caller drew Mr. Moran's attention to the fact that one problem brings to mind the fact that for all the other days, she appreciates the friendly trash pickup and other City services.
LAW DIRECTOR'S REPORT:
Mr. Bemer met today with the Finance Director to discuss individuals identified by the Central Collection Agency (CCA) who have failed to file city income tax returns. A protocol has been devised for pursuing those persons, beginning with the top 20-25 individuals. An amnesty period of 30 days may be offered during which the City will write one final letter to inform these people that the City will pursue criminal prosecution if returns are not filed. He pointed out that approximately $500,000 is owed the City, based upon an estimate received from the CCA.
This week the Civil Service Commission will meet early Friday morning to discuss promotional testing to be conducted for captain in the Fire Division. There has also been a resignation in the Police Division. The list of eligible candidates must be certified.
The Charter Review Commission is under way. They have chosen to meet on Thursdays. He commented that he expects Council to be active in that process according to their requests and recommendations. The public will also be invited at specified points to provide public input.
The Law Director has spoken to Councilman Shepherd concerning the right-of-way legislation. Mr. Bemer suggested that since the ordinance was initiated in 2007, it be updated and renumbered for a 2008 presentation with sponsorship of a current councilman.
Discussion: Mr. Furry asked about the tax delinquencies and whether the delinquencies extended over numerous years. Mr. Bemer said that most of these delinquencies are failure to file and there is no statute of limitations on failure to file; according to the IRS, they can go back seven years. Individuals who have not filed but are still residents of the City will be pursued.
Mr. Moran asked if the violators will have one more opportunity to pay their taxes. Mr. Bemer said that a 30-day amnesty period is being considered, with a letter from the City 's Law Department and Finance Department rather than the previous letters from the CCA. Mr. Moran was pleased that everyone will have one more opportunity to make amends in case the error was an oversight.
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS:
Ms. Arabian mentioned last week that she had attended a seminar sponsored by the Ohio Municipal League. She brought in the materials distributed in case other Council members wished to review them.
Mr. Moran announced that last week eight members of the Charter Review Commission were sworn in before last week's meeting, and he administered the oath to the ninth, Christopher Smith, on Friday at City Hall. All members are now sworn in and ready for their first meetings.
AUDIENCE PARTICIPATION: NONE
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 Moran - aye
6 ayes 0 nays PASSED
Mr. Moran indicated that the Executive Session would be held within the confines of the meeting. No business will be discussed following that session.
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 when he proposed a 2008 presentation to Council. Mr. Shepherd indicated that when the new ordinance is presented, it will be referred to the Planning Commission. When it has been returned, it can move forward.
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 this ordinance will remain on hold. A letter has been received from OP Aquatics indicating that it will honor the price bid by the Whitmer Company which it acquired. They specifically designated chlorine, but the other chemicals were not enumerated, so while the company's intent was to honor the price on all chemicals, they did so only on chlorine. They will revise their letter and make it clear that the delivery charge will not apply to any chemicals purchased.
ORDINANCE NO. 33-08 BY ANJANETTE C. ARABIAN
AN EMERGENCY ORDINANCE AUTHORIZING DIRECTOR OF PUBLIC SAFETY SERVICE TO PURCHASE AN UNDETERMINED NUMBER OF T-SHIRTS FOR THE CITY OF ROCKY RIVER FROM NATIONAL SCREEN PRODUCTIONS FOR ONE YEAR
1ST READING
Ms. Arabian noted that this firm has provided T-shirts for the City in previous years and has done an excellent job. Since there is no urgency, the ordinance will be discussed at the next meeting of the Committee-of-the-Whole.
RESOLUTION NO. 34-08 BY THE MAYOR, LAW DIRECTOR AND
ALL MEMBERS OF CITY COUNCIL
AN EMERGENCY RESOLUTION COMMEMORATING THE SECOND ANNUAL ROCKY RIVER RELAY FOR LIFE
1ST READING
Moved by Mr. Moran, seconded by Mr. Hunt and Mr. Mylen, that the rule requiring that Resolution No. 34-08 be read on three separate days be suspended, and that Resolution No. 34-08 be placed upon its passage:
Discussion: Mr. Moran asked for Council's support in the passage of this resolution to show support in the fight against cancer. A suspension of the three-read rule is necessary so that the resolution will be ready for the Relay for Life kickoff on April 5.
Vote: Hunt - aye Shepherd - aye Mylen - aye
Furry - aye Arabian - aye Moran - aye
6 ayes 0 nays PASSED
Moved by Mr. Moran, seconded by Mr. Furry, that Resolution No. 34-08 be passed as read:
Discussion: Mr. Moran said that, as done last year, Council is looking forward to showing support for the efforts of the community. He thanked the guests all their work and for bringing the resolution to Council and allowing them to be part of the community's efforts.
Vote: Hunt - aye Shepherd - aye Mylen - aye
Furry - aye Arabian - aye Moran - aye
6 ayes 0 nays PASSED
ORDINANCES AND RESOLUTIONS UNDER CONSENT:
ORDINANCE NO. 30-08 BY DAVID W. FURRY
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE FROM THE HACH COMPANY FOUR (4) FLOW METERS FOR THE CITY OF ROCKY RIVER AT A COST NOT TO EXCEED $17,403.35
1ST READING
This ordinance was discussed last week at the meeting of the Committee-of-the-Whole.
ORDINANCE NO. 31-08 BY MICHAEL W. MYLEN
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 200 / 400 SERIES ASPHALT HAULER FOR THE SERVICE DIVISION UNDER THE STATE'S COOPERATIVE PURCHASING PROGRAM FROM CONCORD ROAD EQUIPMENT MANUFACTURING, INC. AT A COST NOT TO EXCEED $17,851.68
1ST READING
This ordinance was discussed last week at the meeting of the Committee-of-the-Whole.
ORDINANCE NO. 32-08 BY ANJANETTE C. ARABIAN
AN EMERGENCY ORDINANCE AMENDING SECTION 951.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, REGARDING CITY SWIMMING POOL FEES AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
This ordinance was discussed last week at the meeting of the Committee-of-the-Whole.
Moved by Mr. Moran, seconded by Mr. Shepherd and Mr. Furry, 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 Moran - aye
6 ayes 0 nays PASSED
Moved by Mr. Moran, seconded Mr. Furry, that the ordinances of the Consent Agenda be passed as read:
Vote: Hunt - aye Shepherd - aye Mylen - aye
Furry - aye Arabian - aye Moran - aye
6 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Moran reminded everyone of the Basketball Challenge Cup game on Wednesday at 6:00 p.m. at the high school. Participants are reminded to be there at 5:30 p.m.
AUDIENCE PARTICIPATION: NONE
As there was no further business by members of Council, members adjourned to Executive Session at 8:50. Mr. Moran thanked everyone for attending. No further business was discussed following the Executive Session.
The meeting was adjourned at 9:10 p.m. following the Executive Session.
_____________________________ _______________________________
James W. Moran Misao Kurokawa
President of Council Clerk of Council