CITY OF ROCKY RIVER

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

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

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

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 March 9 be waived, and that the minutes be accepted as submitted.

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

Arabian Whitman - aye Long - aye Moran - aye

7 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 of March 16 be waived, and that the minutes be accepted as submitted.

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

Arabian Whitman - aye Long - abstain Moran - aye

6 ayes 0 nays 1 abstention PASSED

MAYOR'S REPORT:

This week Safety-Service Director Linden, WWTP Superintendent Harrington and others will meet with representatives of the US EPA, Region 5, to discuss the treatment plant and the agreements of the other participating communities. Issues to be considered include overflows, the collection system and the plant. Following their evaluation, information received will be shared with Council.

Thanks to the talents of Ron Gottschalk, the community gardens project is moving forward. The Mayor reported that he was able to design the area directly behind the Senior Center to incorporate 52 garden plots (4'x8'), each surrounded by 5' and a 15' area to allow a tractor or truck to pass. The plan has been forwarded to the Ohio State University Extension Office for their planning review. The Mayor indicated that her office has heard from residents, several who are Master Gardeners and others who have been involved in establishing community gardens. The City is seeking a private partner to help with fencing and other materials to make raised beds. Home Depot has expressed interest, and the Administration will forward plans to the company when they are returned from Ohio State.

Several weeks ago, requests for proposals for gateway beautification were sent to several area landscapers. The timing was not right and results were disappointing. They were resubmitted at a later date and a tremendous response has been received. The Beautification Committee has reviewed the proposals and made preliminary recommendations. On Friday, Mr. Linden, SSD Coordinator Mrs. Costello and Forester Mike Reyes will meet with the landscapers and make final recommendations so that the project can move forward. Originally, there were three sites in Phase I: around the new stone wall on Lake Road at the Marion Ramp; Detroit and Wooster by the Old Detroit Shopping Area, and on Hilliard at Valley View. Because of the response, a fourth site, the west end of Hilliard may be added.

On Wednesday evening at 7:00 p.m. a meeting of the Development Code Committee will be held in the Committee Room at City Hall. On the agenda will be draft chapters 1151 (Public Facilities District), 1155 (Townhouse District), 1159 (Golden Age District), 1175 (Floodway District) and 1183 (Conditional Use Regulations). Also under consideration will be outstanding issues from previous discussions and completion of discussions of Cluster Developments.

The Director of the Senior Center, Carole Calladine, and social worker Kathy Gibel presented a workshop on Bridge Works, a senior return-to-work program at the National Aging Conference hosted by the American Society of Aging and the National Council on Aging. Stories shared of the 76 seniors who have found support and employment through the program were very well received. Mrs. Calladine has also been asked to present a program on the future needs of seniors at the spring conference of the Ohio Association of Senior Centers.

The Records Commission will meet on Thursday at 4:30 p.m. to review past business and retention and disposition schedules for various departments.

A preview benefit for the fall Arts Festival will be hosted by the Parks and Recreation Foundation on September 18. The Festival will be Saturday, September 19 with a rain date of

Sunday, September 20, and will be held in the Old Detroit Shopping area where the street will be closed. The focus will be to celebrate and promote local artists. The Mayor asked any members of the Rocky River art community who are interested in pursuing this opportunity to submit letters or e-mails of interest and include photographs of their work. A selection process will choose exhibitors for the event.

On Saturday, March 28, CCA (Central Collection Agency) representatives will assist taxpayers to file local tax returns. Appointments are not required and there is no charge for residents.

Many weeks of practice will culminate in the ice show to be presented this weekend, at 7:00 p.m. on Saturday and 3:00 p.m. on Sunday at the ice rink. More than 600 tickets have already been sold.

Discussion: Mr. Furry raised the question of a possible conflict for the September 19 art festival because OSU will be playing that day.

LAW DIRECTOR'S REPORT:

Mr. Bemer mentioned that the liquor license transfer of ownership for River Oaks Racquet Club is currently before Council.

He also reported on the D5 license still held by Max's Deli. The City has requested action on this license and on March 13, the Division issued an order denying a renewal of the permit. The owner/applicant has 30 days in which to appeal this order.

Two new ordinances are on this evening's agenda, No. 13-09 and No.14-09. These will authorize corrections to Article 16, the uniform allowance of the collective bargaining agreements entered into by the City with the patrolmen and the sergeants, lieutenants and captain. The allowance remains the same and carries over to the balance of the term of the contract.

Mr. Bemer, together with Mayor Bobst, Building Commissioner Beirne and Economic and Community Development Director Koran, met to review a list of properties for consideration in the City's land bank. The consensus reached was that none of the properties is appropriate for that use, but Director Koran raised the point that the County is considering a number of programs to fund demolition costs. This could be of interest in the future to restore green space or remove a nuisance structure.

The Mayor's basketball team of challengers will meet this Friday, March 27 to take on a high school team. He encouraged City Council members to participate by coming to the high school at 6:00 p.m. to play.

COMMITTEE REPORTS:

Safety Committee: Mr. Shepherd announced that the meeting of the Safety Committee, scheduled for this Wednesday, March 25 will be postponed because of a conflict with the EPA meetings. A new date will be determined soon.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Furry announced that the Rocky River Watershed Council will sponsor a Rain Barrel Workshop on March 27 from 7:00 until 8:30 p.m. The cost is $60 which includes a rain barrel. Reservations should be made at (440) 734-6660 and participation is limited to 45 participants. The workshop will be at the Rocky River Nature Center at 24000 Valley Parkway in the North Olmsted portion of the Rocky River Reservation.

Mrs. Arabian Whitman recognized the Magnificat Track team which competed in the indoor state championships on Saturday and won third place in a field of 54 teams. First place went to previous outdoor champions, Collinwood; second place to last year's indoor state champions, Reynoldsburg. Mrs. Arabian Whitman, the coach of the team, said she was proud of their accomplishment.

AUDIENCE PARTICIPATION: NONE

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

3RD READING

Moved by Mr. Moran, seconded by Mr. Furry, that Ordinance No. 5-09 be passed as read:

Discussion: Mr. Moran noted that the changes authorized by this ordinance have been explained and discussed at past meetings with the Finance Director. The key items are the change in the Fire Division and the change of funding for a police vehicle.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 8-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH MACKAY ENGINEERING AND SURVEYING COMPANY FOR PROFESSIONAL CONSULTING ENGINEERING SERVICES, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Mr. Hunt thanked Mr. Mackay for attending the meeting and called upon him to come forward to discuss the contract and any questions which have arisen.

• Mr. Hunt asked about professional liability insurance costs for outside services. Mr. Mackay explained that sometimes consulting firms need to be hired for areas outside their expertise, e.g. architectural firms or geotechnical firms. When that happens, coverage for these firms is not included in Mackay's insurance rates, so it will be billed to the City at their cost, which is about 3½ %, a standard practice in the industry. This is in addition to any E & O insurance carried by the consultant. In working for more than one city, costs are pro-rated, if applicable.
• Mr. Hunt noted that both the Mayor, Director Linden and Director Bemer had emphasized their high regard for the services of his company, including his work with Fairview Park which has been beneficial to both cities. Mr. Mackay added that working with the Administration of the City has been a pleasure because they are good communicators and provide the information necessary to do the job. Mr. Hunt also noted that the Mayor has reviewed 2008 and 2009 projects which will be included in this contract. Mr. Mackay pointed out that this is a significant increase from past years and will mean a great deal of work to be done.



• Mr. Hunt also asked about the restriction in Section 3 which states that Mackay Engineering will not provide services for any private firm which may require its official approval as City Engineer except for two Chandler projects, River Place and Grand View. Mr. Mackay said that was included because their firm did the engineering on those projects before they were retained as city engineers, and he said it makes sense to continue the projects to completion.



• Mr. Furry, noting that all municipalities have budget concerns, questioned the 2.25% increase requested. Mr. Mackay said that this cost-of-living raise is necessary to operate and to hire and keep good employees. The other two cities for which the firm works have granted raises of 2% (Fairview Park) and 3.25% (Middleburg Heights).

Mr. Mylen asked if raises will be given to Mackay employees. Mr. Mackay said that base raises will be granted with more given when merited. Mr. Shepherd said he was comfortable with the 2.25% for this year. Next year remains to be seen. Mr. Moran added that timing is important, and the message to all directors is to save wherever possible.

• Mr. Mylen mentioned that last week's discussion also brought out the savings realized by hiring Mackay Engineering and many other positive remarks. The Mayor added that the firm has done an enormous amount of work these past weeks to prepare projects for consideration for economic stimulus funds. In addition to their own work, they have been able to prepare detailed information on a tight deadline. She thanked Mr. Mackay and Kim Kerber in his office for never complaining and always willingly doing what needed to be done. Mr. Linden observed that he has worked with many engineers in his career with the City, but he has never met anyone who works as hard on these projects as Mr. Mackay. He said he's a "great guy to work with".

Mr. Hunt said that since the current contract expires on April 17, he will address the contract at the next Legislative Meeting.

ORDINANCE NO. 13-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT WITH THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION PATROLMEN BARGAINING UNIT, ROCKY RIVER POLICE DIVISION APPROVED BY ORDINANCE 136-08, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Mylen, that the rule requiring that Ordinance No. 13-09 be read on three separate days be suspended, and that Ordinance No. 13-09 be placed upon its passage:

Discussion: Mr. Hunt noted that the Law Director has discussed both this ordinance and 14-09 in his report. These are clerical matters which need correction, and are not substantive changes to the collective bargaining agreements with the patrolmen and with the sergeants, lieutenants and captain. There is no reason to delay passage.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Ordinance No. 13-09 be passed as read:

Discussion: As discussed above, this is a clerical error and it was discussed earlier. This is not a substantive change, but an error which needs correction. Mr. Mylen asked if this would necessitate any financial changes. Mr. Thomas said that it would not.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 14-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT WITH THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION SERGEANTS, LIEUTENANTS AND CAPTAIN BARGAINING UNIT, ROCKY RIVER POLICE DIVISION APPROVED BY ORDINANCE 137-08, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Shepherd and Mr. Furry, that the rule requiring that Ordinance No. 14-09 be read on three separate days be suspended, and that Ordinance No. 14-09 be placed upon its passage:

Discussion: Mr. Hunt referred to the discussion above for Ordinance No. 13-09. He said there is no reason to delay passage.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Ordinance No. 14-09 be passed as read:

Discussion: See discussion for changes to the patrolmen's contract.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED ORDINANCES UNDER CONSENT:

ORDINANCE NO. 7-09 BY ANJANETTE ARABIAN WHITMAN

AN EMERGENCY ORDINANCE AUTHORIZING THE 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

1^ST READING

Mrs. Arabian Whitman commented that this is an annual ordinance which allows the Recreation Department to buy T-shirts for the Recreation Center participants and employees, especially seasonal employees.

ORDINANCE NO. 9-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF ROCKY RIVER AND URS CORPORATION FOR PROFESSIONAL SERVICES RELATIVE TO THE PREPARATION OF A SEWER FLOW AND STRENGTH STUDY IN AN AMOUNT NOT TO EXCEED $48, 905.00

1^ST READING

Mr. Furry explained that this ordinance was discussed last week at the meeting of the Committee-of-the-Whole with plant superintendent Jeff Harrington. The cost of the study is in the budget and this year it will be a 60-day study for more accurate figures.

ORDINANCE NO. 10-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE RECOGNIZING THE MERGER AND NAME CHANGE OF METCALF & EDDY OF OHIO, INC. TO AECOM USA, INC. WITH WHOM CONSULTING SANITARY ENGINEERING SERVICES HAVE BEEN CONTRACTED FOR THE WASTEWATER TREATMENT PLANT

1^ST READING

Mr. Furry noted that this ordinance was discussed last week. This is a name change to AECOM USA, Inc.

ORDINANCE NO. 11-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY SERVICE TO ENTER INTO A CONTRACT WITH UTILICON CORPORATION FOR THE VALLEY VIEW AREA WATER MAIN REHABILITATION PROJECT AT A COST NOT TO EXCEED $306,498.00

1^ST READING

As discussed at last week's meeting, Mr. Hunt noted that Utilicon was the lowest of three bids and significantly lower than the highest bidder. The budget estimate was between $600,000 and $800,000, so this contract represents a significant savings. This ordinance authorizes the first of three phases for the Valley View sewer project.

ORDINANCE NO. 12-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY SERVICE TO ENTER INTO A CONTRACT WITH KONSTRUCTION KING, INC. FOR THE 2009 CONCRETE / SIDEWALK PROGRAM IN AN AMOUNT NOT TO EXCEED $69,100.00

1^ST READING

This ordinance was discussed last week. Mr. Hunt recalled that Mr. Linden addressed the bid figures. This was the lowest received, and the Safety-Service Director was satisfied that this company would perform as necessary. The funds authorized by this ordinance will be used only in case of an emergency.

Moved by Mr. Moran, seconded by Mr. Hunt, 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 Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

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

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Moran raised the question of the change of stock ownership for River Oaks and their request for the change in their liquor permit. The Police Division has no objection, and the consensus of Council was to move forward.

Mr. Moran also reminded everyone that there will be no meeting held next week as it is the fifth Monday in March. The next meeting will be April 6.

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:57 p.m.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council