CITY OF ROCKY RIVER

APRIL 27, 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. Thomas

Law Director: Mr. Bemer

Press: Ms. Macho, Ms. Pritchard

The meeting was opened with the Pledge of Allegiance.

Moved by Mr. Shepherd, seconded by Mr. Moran, that the reading of the minutes of the meeting of the Safety Committee of April 8 be waived, and that the minutes be accepted as submitted.

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

2 ayes 0 nays 2 abstentions PASSED

Moved by Mr. Moran, seconded by Mr. Hunt and Mr. Furry, that the reading of the minutes of the Special Meeting of April 6 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 Legislative Meeting of April 13 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - abstain Mylen - aye

Furry - abstain Arabian Whitman - aye Long - abstain Moran - aye

4 ayes 0 nays 3 abstentions 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 April 20 be waived, and that the minutes be accepted as submitted.

Discussion: Mr. Moran suggested that the wording on the overnight parking ban be amended so that it is clear that the ban will remain in force.

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

Arabian Whitman - aye Long - aye Moran - abstain

6 ayes 0 nays 1 abstention PASSED

MAYOR'S REPORT:

Mayor Bobst said she wished to acknowledge the efforts of the high school and the Police Department who presented "Love, Limits and the Law", a forum discussing teen substance use and abuse. She thanked the school district for arranging this meeting and participants from the police department as well as Judge Donna Congeni Fitzsimmons who informed and advised parents.

Regarding swine flu, the Mayor noted that a case has been confirmed in Elyria. Today there were conference calls with first responders and other public health officials, and protocols are being put in place so that if community members are experiencing flu-like symptoms, their doctors can take a swab and culture to ascertain the cause of the infection. More information will be forthcoming in tomorrow's conference calls and any updates will be posted on the website. She pointed out that the Cuyahoga County Health Department is reacting quickly to this threat.

The Arbor Day tree planting went very well, and the Mayor thanked Councilman Furry, Councilman Shepherd and Ms. Macho for attending and participating. In 2008, the designation of Tree City, USA was awarded to Rocky River for the 24^th year by the National Arbor Day Foundation. As of this year, the City will have planted more than 1000 trees during the last five years.

Wild Flour Bakery celebrated its fifteenth birthday last week and invited the community to share in the celebration with a special cake and cupcakes, as reported in the local press.

The Mayor was pleased to report that two of the City's EPA stimulus projects were funded. One was the Elmwood Sewer Project, an $885,000 submission which is a combination of grant and loan which is still evolving, but should be finalized soon because funds need to be used by June 1. The other project is the floor in the filter building of the WWTP, an $85,000 project, which was funded in a similar fashion. She acknowledged those involved in the submissions: Safety-Service Director Linden, City Engineer Michael Mackay and Kim Kerber, an engineer from his office.

Bids have been received for the first phase of the Lake Road Project. Preliminary information indicates that an apparent low bidder is in place and that bid is currently being evaluated, but the Mayor was hopeful that legislation can be forwarded to Council by Friday. She was pleased that the engineer's estimate was $1,900.000, but the apparent low bidder will perform the work for $1,325,000.

As a member of the Surface Transportation Committee, Congressman Kucinich's office was sent an application from the City last Friday for $11 million for the reconstruction and economic revitalization of Detroit Road, including sewers, water lines, paving, curbs, aprons, sidewalks, the streetscape plan, and more. The deadline, 5:00 p.m on Friday was met and their receipt has been confirmed. The City has been working with NOACA on this project, and there is a transportation piece concerning RTA and commuter rail. Detroit Road is part of ODOT's paving program for 2014, so there is time before this project becomes reality.

The Mayor indicated that details of a predicted drop in income taxes will be included in Council's monthly financial narrative. Notice has also been received from the County Auditor that there will be a decrease in valuations of approximately 5% for Rocky River. Documentation has been requested and details will be forwarded to Council members.

An RFP (request for proposals) was sent out by the Beautification Committee for gateway landscaping in three locations: Lake Road, Wooster and Detroit and Hilliard and Valley View. Several companies submitted proposals; two were selected and the Mayor was happy to announce that the three entrances to the City will be landscaped at no cost to the City. Plant materials, installation and maintenance will be handled by the landscapers who submitted the designs and proposals. At Hilliard and at Lake, Wave Landscaping was selected, and at Wooster, Mr. Kent Winterhalter of North Royalton. Projects will be starting shortly.

In Friday's packets an addendum to the collective bargaining agreement with the WWTP will be included which clarifies and clearly defines the licensure part of the contract. Law Director Bemer, Special Counsel David Matty representing the WWTP, and the Management Committee of the WWTP as well as the Administration have approved the language.

Three new applications have been forwarded to the County's Storefront Renovation Rebate Program on behalf of three businesses located just east of the Post Office on Hilliard.

Thursday at 8:30 a.m. the Federation will meet at the Don Umerley Civic Center. The Mayor explained that this group is composed of the leadership of all local civic organizations. Regular meetings are held to discuss projects being implemented in the City including challenges or needs among the civic organizations.

On Wednesday, a spring networking forum for those in the Center Ridge Road corporate corridor will be held at the Civic Center from 8:00 to 10:00 a.m.

The Mayor recommended an article from Plain Dealer about the Westlake Hotel and its history.

Registration for some popular recreation programs will begin soon. Day Camp registration will begin Wednesday, and on Friday, pool passes will be sold. Next Monday, May 4 will be the opening day of learn-to-swim registration.

This weekend the annual lacrosse tournament will be held at the high school and the middle school. Many communities will participate including Chagrin Falls, Hudson, Lakewood, Medina, North Canton, Solon, and Sylvania as well as others.

This past week, the Rocky River Charity Challenge, a 5K run sponsored jointly by the Republican and Democratic Clubs, forwarded a check to $550 to the Senior Center in support of Senior Transportation. The Mayor thanked the organizations for their generous donation.

Volunteers at the Senior Center prepared 189 tax returns this year and received $570 in donations from grateful seniors.

On May 23, the Police Auction will begin at 9:00 a.m.

Finally, the Mayor requested an Executive Session under Article X, Section 6, Subsection (3) of the Charter of the City of Rocky River for a conference with an attorney regarding a pending legal matter.

Discussion: Mr. Furry asked if there are conditions to accepting the grant/loan funding for the stimulus projects. The Mayor responded the City is in the process of determining any conditions and that engineer Kim Kerber has already contacted the EPA to ask if bidding processes need to be amended so that the City is able to move forward with the Elmwood project. Any conditions will be carefully reviewed when details are received. Acceptance of any packages will be presented to Council.

Mr. Furry also asked if signage will be allowed to recognize the contributions of the landscaping firms working on the gateway projects. The Mayor confirmed that signage will be prepared for each location.

Mr. Mylen asked about the application for Detroit Road. The Mayor indicated that the $11 million would be applied to sewers on the western end, water lines throughout, paving up to Wright Ave, aprons, curbs, sidewalks, streetscaping. The application also asked for information about bus lines. Of importance is that three bus lines use Detroit Road and that the corridor is close to the rail depot and the railroad tracks.

• The Mayor added that Congressman Kucinich was involved in the drafting of the agreement between Norfolk Southern and the western communities. Everyone has agreed that, going forward, no one wants to impact that agreement. She and Law Director Bemer met with Brian McCann representing the commuter rail coalition and made it clear that the City would like to keep train counts low to be certain that the City's Quiet Zone can be established.

MOTION:

Moved by Mr. Moran, seconded by Mr. Furry, that, at the request of the Mayor, an Executive Session be held immediately following the Legislative Meeting to discuss a matter of pending or imminent court action under Article X, Section 6, Subsection (3) of the Charter.

Discussion: Mr. Moran indicated that the meeting will be held following the regular meeting, and that it is conclusion, no further business will be discussed.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

LAW DIRECTOR'S REPORT:

Mr. Bemer discussed the Civil Service Commission which has nearly completed a process for providing a certified eligibility list for appointment of a new police officer. The Commission will meet this Wednesday, April 29 at 7:30 a.m., and he invited all to attend to see the workings of the process. On April 17, he and the Civil Service Secretary, Sue Whitman, met with her counterpart and the law director in Bay Village to discuss the possibility of a joint venture to share expenses in future civil service examinations. Working together with Mrs. Whitman, Mr. Bemer said that civil service costs have been reduced significantly, probably by 50%. Councilman John Shepherd was also instrumental during the period when he served on the Commission. He is hopeful that sharing expenses may be possible with Bay Village, and their first venture would be a fire fighter examination early this summer. With other communities, timing is an essential element.

The revision of the Development Code, under the direction of D.B. Hartt which has been under way for almost a year, is reaching its conclusion. Most of the planning and zoning and land use regulations in the Codified Ordinances have been discussed. Last Wednesday evening the Working Group met, and the Law Director indicated that this is one of the last meetings he foresees. The May meeting will be on the last Wednesday of the month, May 27. He anticipates meeting during the day with the Mayor, the Economic and Community Development Director Kory Koran, Building Commissioner Kevin Beirne and the D.B. Hartt representatives to formalize the work done so far. Then the Working Group will meet that evening and possibly once more in June to review a final draft which will be presented to Council shortly thereafter.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 19-09 BY JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WHEREBY THE STATE OF OHIO WILL SUPPLY UP TO $25,263.16 FOR THE OPERATION OF THE MARINE PATROL FOR THE YEAR 2009, AND AS FURTHER DESCRIBED IN THE ATTACHED AGREEMENT

2^ND READING

Moved by Mr. Shepherd, seconded by Mr. Furry, that the rule requiring that Ordinance No. 19-09 be read on three separate days be suspended, and that Ordinance No. 19-09 be placed upon its passage:

Discussion: Mr. Shepherd commented that this is an annual ordinance whereby the State pays part of the cost of the Marine Patrol. He explained that the deadline for the application has passed, but the City has received an extension. There is no reason to delay.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Shepherd, seconded by Mr. Mylen and Mr. Furry, that Ordinance No. 19-09 be passed as read:

Discussion: Mr. Shepherd noted that the state contribution is a substantial part of the cost of the operation of the Marine Patrol, and he recommended that the ordinance be passed.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 20-09 BY JAMES W. MORAN

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH CIUNI & PANICHI, INC. FOR AUDIT SERVICES AT A COST NOT TO EXCEED $29,640 AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Moran, seconded by Mr. Furry, that the rule requiring that Ordinance No. 20-09 be read on three separate days be suspended, and that Ordinance No. 20-09 be placed upon its passage:

Discussion: Mr. Moran said that this ordinance needs to move forward so that the audit can be accomplished in a timely manner. He noted that this is the second year of a five-year contract, and the audit can begin as soon as the ordinance is passed.

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. Long, that Ordinance No. 20-09 be passed as read:

Discussion: Mr. Moran commented that Ciuni & Panichi has experience and has worked closely with the Finance Director in the past.

Mr. Thomas clarified two questions raised, that the request for proposals was in 2007 and were meant to cover a five-year period. Also, the letter of the contract is dated in January, but he delayed until the Audit Committee was in place and in a position to review the contract and interview the auditors.

Mr. Furry asked about the difference between this ordinance and Ordinance No. 18-09, particularly if the unqualified audit opinion encompasses the GASB 34. Mr. Thomas responded that the financial statements being worked on are according to generally accepted accounting principles which includes the GASB 34. This service will produce their opinion that the underlying transactions support what is presented in accordance with generally accepted accounting principles.

Mr. Furry also asked if there is a more current peer review letter. Mr. Thomas said they are done

on a triennial basis. He also assured Mr. Furry, in answer to his question, that the Audit Committee has approved the contract.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

RESOLUTION NO. 21-09 BY THE MAYOR, THE LAW DIRECTOR

AND ALL MEMBERS OF COUNCIL

A RESOLUTION COMMEMORATING THE THIRD ANNUAL ROCKY RIVER RELAY FOR LIFE

1^ST READING

Moved by Mr. Moran, seconded by Mr. Shepherd and Mr. Furry, that the rule requiring that Resolution No. 21-09 be read on three separate days be suspended, and that Resolution No. 21-09 be placed upon its passage:

Discussion: Mr. Moran said that since the campaign opens next week, passage should not be delayed by three readings.

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. Long, that Resolution No. 21-09 be passed as read:

Discussion: Mr. Moran said that Council wishes to join in making a strong statement supporting all those involved in fighting cancer and the third annual Relay for Life.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

The Mayor then called upon Mrs. Mary Blank and Mrs. Shari Caruso, organizers of this year's Relay, to come forward. The Mayor also introduced Ellen Perez and Lauren Seablom. Sarah Pelger, a sophomore at RRHS who is responsible for the "Paint the Town Purple" campaign also came forward.

• Mrs. Blank thanked Council for its resolution and support. She expressed her pride in the community, and in this third annual Relay, noting that each year the program is bigger and stronger because of the people who live, work and care about Rocky River. This event will be held all day Saturday and into Sunday rather than Friday evening as in the past in order to have more opportunity to raise money to fight cancer. She then introduced her co-chair, Shari Caruso who, for four years, directed a student Relay which was the only one of its kind in the U.S.



• Mrs. Caruso thanked the Mayor and Council. She invited all to join the festivities for at least some part of the day. The carnival theme was chosen to make the event very family oriented, and all the activities are directed to this goal. Organizers have been given a huge pumpkin which is being redecorated as Cinderella's coach and will be available for pictures with youngsters. She then introduced Sarah Pelger who is designing the "Paint the Town Purple" lead-in to the Relay.
• Sarah Pelger has taken charge of the "Paint the Town Purple" campaign as part of her Girl Scout Gold Award. She distributed purple ribbons, asking everyone to tie them around a tree, mailbox or bush to "purplify" the town.

Mr. Moran said that, speaking for everyone, he looked forward to supporting this effort which is a great opportunity for the community to get together, have fun, and work on a very important issue. He thanked all those responsible for all their efforts.

ORDINANCE NO. 22-09 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE PROVIDING FOR THE SALARY OF COUNCILMEMBERS OF THE CITY OF ROCKY RIVER AT TEN THOUSAND DOLLARS ($10,000.00) PER YEAR COMMENCING JANUARY 1, 2010 AND TEN THOUSAND DOLLARS ($10,000.00) PER YEAR COMMENCING JANUARY 1, 2011

1^ST READING

Mr. Moran noted that this ordinance is passed every two years as Council has the responsibility to be certain that compensation is set for the position, not the person. This has been a challenge for the economic times, and members of Council have chosen to keep the figure at the level it has been for the last six years without increase. Questions can be addressed during the next two weeks.

ORDINANCE NO. 23-09 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE PROVIDING FOR THE SALARY OF THE PRESIDENT OF COUNCIL OF THE CITY OF ROCKY RIVER AT ELEVEN THOUSAND FIVE HUNDRED DOLLARS ($11,500.00) PER YEAR COMMENCING JANUARY 1, 2010 AND ELEVEN THOUSAND FIVE HUNDRED DOLLARS ($11,500.00) PER YEAR COMMENCING JANUARY 1, 2011

1^ST READING

The same compensation level, as with Ordinance No. 22-09, will continue for the next two years after which it may be reviewed once more.

ORDINANCE NO. 24-09 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE ESTABLISHING THE SALARY OF THE MAYOR OF THE CITY OF ROCKY RIVER AT EIGHTY-ONE THOUSAND FIVE HUNDRED DOLLARS ($81,500.00) PER YEAR COMMENCING JANUARY 1, 2010 AND EIGHTY-ONE THOUSAND FIVE HUNDRED DOLLARS ($81,500.00) PER YEAR COMMENCING JANUARY 1, 2011

1^ST READING

Mr. Moran said that the message is consistent, and no raises will be voted for the position of Mayor for the next two years.

ORDINANCE NO. 25-09 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE PROVIDING FOR THE COMPENSATION OF THE DIRECTOR OF LAW FOR THE YEARS COMMENCING JANUARY 1, 2010 AND

ENDING DECEMBER 31, 2011

1^ST READING

Mr. Moran said that there will also be no changes in the compensation of the Law Director for the coming term, as with the Mayor and Council.

MISCELLANEOUS BUSINESS:

Transfer Exempt (TREX) Liquor Permit Under an Economic Development Project: Mr. Moran called upon Mr. Sean Gormley to come forward to discuss his business proposal, explaining that this has recently been submitted to Council.

• Mr. Gormley introduced himself as the Irish Barber, with a shop located at Center Ridge and Wooster. He is proposing an expansion of his business which requires a D1 beer license to be brought in from another city. This will allow him to expand his business and hire additional staff: a bartender, another barber and a shoeshine person, as listed in his business plan. He also will expand his shop, with the aim of creating a unique environment in the City. The license requested is D1, beer only, which would be used only during barbershop hours.

Mr. Moran asked about hours of operation. Mr. Gormley said he was closed Sundays and Mondays, open 10 a.m. until 6 p.m. during the week and 10:00 a.m. to 4 p.m. on Saturday. Mr. Gormley said that those would be the hours of the lounge next door also. Responding to Mr. Moran, he said he anticipated keeping these hours in the future.

Mr. Mylen asked if Mr. Gormley's customers support this business plan. Mr. Gormley said that everyone is excited and thinks it's a great idea. The lounge will be completely separate from the barber shop in order to maintain the family atmosphere. He has designed the opposite side of the barber shop as a small Irish pub.

Mayor Bobst asked if Mr. Gormley would be willing to enter into an agreement that controls and partially restricts the use of the liquor permit.

• Mr. Gormley's response was, "absolutely". He said he wants everyone to be comfortable with the idea. He wants to create an environment which makes Rocky River proud and will bring attention to his shop and the City, and mentioned that the shop will be featured in a June article in Cleveland Magazine. He said he would enter into any agreement and follow the rules and regulations.

Mr. Moran said that Mr. Gormley's business plan answered many questions. He suggested further discussion during a meeting of the Contracts Committee.

Mayor Bobst explained that the question raised in this case is adding another liquor permit to the set of permits which have already been allocated to the City. The TREX means bringing in this additional permit under an economic development plan which provides investment and job creation, and this is the type of business plan under consideration. She mentioned that Heinen's presented the same type of plan, requested a TREX, purchased a liquor permit that was not being used in another community and brought it in to this city.

• Mr. John Zuercher, 19910 Roslyn, came forward to speak on behalf of his cousin, Mr. Gormley. He explained that adding the pub and extra employees will succeed because Mr. Gormley has done his research and has a vision. He has a good business sense and he said he would like to see Mr. Gormley remain in Rocky River and supply a service like shining shoes which is difficult to find outside downtown. Further, a third barber would increase business. He said that an Irish pub need not be large; the atmosphere will be small and friendly so customers can have a drink, relax and then get a haircut.

Mr. Bemer answering Mr. Shepherd, commented that he has a sample agreement provided by Mr. Gormley which he can alter to apply to this situation for discussion in the Committee meeting.

Mr. Hunt said that a committee meeting, open to the public, will be scheduled in a short time.

AUDIENCE PARTICIPATION:

Brian Ruic, 20358 Westover, summarized his Irish heritage and said that if Mr. Gormley serves Guinness and Great Lakes, he thinks this is a tremendous idea.

As there was no further business by members of Council, Mr. Moran announced that Council would move into Executive Session under Article X, Section 6, Subsection (3).

No further business was discussed, and the meeting was adjourned following the Executive Session at 9:05 p.m.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council