CITY OF ROCKY RIVER

MAY 11, 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. Mylen, Mr. Furry, Mrs. Arabian Whitman,

Mr. Long, Mr. Moran

Absent: Mr. Shepherd

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 and the Executive Session of April 27 and the meeting of the Committee-of-the-Whole of May 4be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

MAYOR'S REPORT:

Each household has received a recycling brochure. The Mayor noted that the cost of the brochure was underwritten by a grant from the Cuyahoga County Solid Waste District, and she thanked Mrs. Mary Kay Costello of the Safety-Service Director's office who coordinated the entire project.

Volunteers from Key Bank, part of its "Neighbors Make a Difference" project, worked with three senior households, helping with landscaping chores, removing waste and performing household repairs. The Mayor thanked the nine bank employees who made a difference for these residents. The project was coordinated through the Senior Center.

Information and an artist's application for the first Fall Arts Festival will be available on the City's website beginning tomorrow. The deadline for submissions will be June 15, and artists selected to participate will be notified after July 4.

Rocky River will participate in the Part 150 Noise Compatibility Study with Cleveland Hopkins Airport and the FAA. The Mayor was pleased to announce that a noise monitor will be located in the City on High Parkway where many complaints originate. Data will be visible on the study's website which will be accessible through a link on the City's website.

There are currently eight applications in process for the Storefront Renovation Rebate Program, and the Mayor said she was pleased to see that the program is continuing to pick up momentum, thanking the County for extending the program to Rocky River.

This weekend there will be another girls' lacrosse tournament; twelve communities are participating.

Saturday will be very busy in the City:

• From 10 a.m. until noon, the garlic mustard pull will once more be held at Elmwood Park. The Mayor observed that this is the ninth year and said that this has been a great environmental effort, adding that all the hard work by the volunteers has made an impact.



• At 9:00 a.m., an art fair will be held at the Adult Activities Center on Detroit Road.



• At 10:00 a.m., the Don Umerley Civic Center will host the Library Book Festival. More than 20 authors will be present.



• Saturday night is the Rocky River High School prom which will be at the Rock 'n Roll Hall of Fame. Students will then return for an after-prom party at the high school hosted by the parents.

Saturday, May 23 will be the next police auction.

On Sunday, the Junior Women's Club sponsored the "Sprint into Spring" 5k race. At-large Councilwoman Anjanette Arabian Whitman was the overall winner and was congratulated by all present.

• Councilwoman Whitman reported that the race was well-attended and raised funds for the Rocky River Assistance Fund. Many residents enjoyed the competition or walking, running, food, and prizes.

LAW DIRECTOR'S REPORT:

Mr. Bemer reported that last Friday, his law firm sponsored an informal meeting of west shore law directors and prosecutors, convened to discuss issues faced by each community and common solutions. In attendance were both law directors and prosecutors from North Ridgeville, Lakewood, Fairview Park, Westlake, Bay Village and Rocky River.

Prosecutors were interested in changes as a result of recent developments:

• A U.S. Supreme Court decision concerning search and seizure and the protocol incident to an arrest when the offender is in a vehicle. (Arizona v. Gant). The impact on the protocols of various police departments was discussed.



• Adam Walsh federal legislation concerning sexual predators. A Fairview Park prosecutor has undertaken the review of various municipal ordinances concerning the registry as far as the ORC is concerned and the impact of federal legislation on various city ordinances.

• A new proposal for policies on identity theft. Lakewood has already undertaken the task of looking at models and drafting new legislation.

Another issue which is confronting all area municipalities is public record requests. The law was significantly modified in September, 2007. As a result, there is an increased awareness of both the obligations of all government bodies to be transparent and to serve the public interest concerning the scrutiny of government activity. Mr. Bemer said that this is not without controversy because in applications for record requests, motives for the requests are not to be questioned. As a balance, situations have arisen where requesters are trying to generate income, to assure that the City is in compliance with the law. At times, such requests seem to be random, sometimes commercial, not as individuals with a personal need to review records, or as part of advocacy groups trying to identify trends in government practice and policy. It has created a new means of making money for requesters and increased the level of obligations on all public offices to understand the law and be certain that it is being followed, and to assure that every individual is entitled to have the records requested with an understanding of what records should not and cannot be released. This is a learning process, and Mr. Bemer reported that a great deal of information was shared at this meeting.

Tomorrow morning at 7:45 a.m. the Civil Service Commission will meet. The Commission is moving ahead with an examination for fire fighters. As reported recently, there is a possibility of joining with the City of Bay Village to pursue a single test through a partnership. It has the benefits of halving costs since all expenses of advertising, application processing, etc. will be shared.

• Mr. Bemer explained that this has led to the sample ordinance which he has prepared to review the application cost as discussed in Codified Ordinance 151.03. He said that this probably does not need to be part of the codified process, and rather should be flexible in order to allow the Civil Service Commission to set the appropriate cost of application. This is timely because unanimity is necessary with Bay Village in order to proceed with the joint project. The proposal is to increase the cost from $25 set by Code to $35 which is consistent with the Bay Village cost. Under the proposed legislation, the Civil Service Commission would have the authority and discretion to set an appropriate fee to meet changing needs.

Discussion: Mr. Moran asked if any action has been taken against those who request records for no apparent reason which wastes the time of city workers. He said the City has a duty to provide materials to those who need them, but others should not be allowed to waste city time.

• Mr. Bemer said that this can be done only in terms of commercial requests. When requests are made which are clearly for marketing purposes, a limit, usually 10 per month, can be set. For individuals, advocacy groups or non-commercial purposes, the Ohio General Assembly has ruled that motivation or purpose is not relevant to any request. This is a very important right to most people, and most understand that with rights come responsibilities, so that even if municipalities do not agree with propositions, the requests must be filled. He wondered, however, if it is time to approach representatives to recognize that it can be a burden which increases the cost of government.



• Mr. Long asked about the proposed ordinance for the Civil Service Commission, asking why recreation fees, for example, are codified when this fee will not be codified. The Law Director said that the City should probably look at not codifying fees; the primary reason is for public notification, but it becomes an additional layer of ordinances which is always subject to modification. The Mayor added that the Charter should be consulted before making any changes, noting that the relationship with the schools may also play a role. She said that sometimes the Recreation Department sets the fees and at others, City Council does.

Safety Service Director Linden, noting the presence of Judge Donald Nugent, said that he was concerned that people are allowed to request public records for no reason other than to make money, and he said this law must be changed. People should have the right to come in and ask for necessary records, but to ask for so much paper just to make money is wrong.

• Asked if there is litigation concerning this, Judge Nugent commented that the legislature passed the open records law, and Congress passed the freedom of information act, and although he agrees with what has been said, he must be guided by legislation. He has seen time and effort expended as some people come in every day asking for records. Municipalities cannot recoup costs.



• Mayor Bobst reminded everyone that each year, the City answers thousands of public record requests, that they are honored in a comprehensive and timely fashion. The Law Director and directors have done an excellent job of educating employees about the new laws so that many positive things are being done. It must not be overlooked that the City has done a great job in answering public records requests. Questions regarding any request are forwarded to the Law Director, and the system now in place assists residents and others who need public information from the City.

COMMITTEE REPORTS:

Contracts-Government and Judicial Committee: Mr. Hunt indicated that his committee will meet next Monday at 7:00 p.m. before the meeting of the Committee-of-the-Whole.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

AUDIENCE PARTICIPATION: NONE

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

2^ND READING

Moved by Mr. Moran, seconded by Mr. Long, that the rule requiring that Ordinance No. 22-09 be read on three separate days be suspended, and that Ordinance No. 22-09 be placed upon its passage:

Discussion: Mr. Moran noted that there is a deadline for passage of this ordinance, so suspension of the three-read rule is necessary.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Furry, that Ordinance No. 22-09 be passed as read:

Discussion: As discussed at last week's meeting, increases for this position, though deserved, will not be made because the timing is not right in view of Council's responsibility to the City and its residents. With passage of this ordinance, Council salaries will not change for the next two years.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

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

2^ND READING

Moved by Mr. Moran, seconded by Mr. Furry, that the rule requiring that Ordinance No. 23-09 be read on three separate days be suspended, and that Ordinance No. 23-09 be placed upon its passage:

Discussion: See discussion for Ordinance No. 22-09.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Furry and Mr. Long, that Ordinance No. 23-09 be passed as read:

Discussion: This position will also not have an increase in salary for the next two years. Mr. Mylen asked for clarification of the time period since the last increase. Mr. Moran responded that it has been six years (2003) and will be eight by the end of this term. Mr. Mylen said that he agreed with Mr. Moran's comments that a Council position may deserve an increase, but the economy and budget dictate that Council set an example and watch all spending.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

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

2^ND READING

Moved by Mr. Moran, seconded by Mr. Long, that the rule requiring that Ordinance No. 24-09 be read on three separate days be suspended, and that Ordinance No. 24-09 be placed upon its passage:

Discussion: See discussion for Ordinance No. 22-09.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Long, that Ordinance No. 24-09 be passed as read:

Discussion: Mr. Moran explained that while the mayor deserves a raise, the timing and economy are not good, and the salary for this position will also be held at the present level.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

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

2^ND READING

Moved by Mr. Moran, seconded by Mr. Furry, that the rule requiring that Ordinance No. 25-09 be read on three separate days be suspended, and that Ordinance No. 25-09 be placed upon its passage:

Discussion: See discussion for Ordinance No. 22-09.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Furry and Mr. Long, that Ordinance No. 25-09 be passed as read:

Discussion: The Law Director also agrees that because of timing, the salary of that position should also remain the same.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO. 26-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT WITH THE ROCKY RIVER WASTEWATER EMPLOYEE'S ASSOCIATION APPROVED BY ORDINANCE 128-07, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Mr. Hunt explained that this ordinance will correct the unintentional elimination from the contract negotiated in 2007 of the grace period for employees who allow their licenses to lapse. This completes the procedure if a license lapses.

ORDINANCE NO. 27-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO A CONTRACT WITH BURTON SCOT CONTRACTORS, LLC FOR THE LAKE ROAD RESURFACING PROJECT IN AN AMOUNT NOT TO EXCEED $1,325,162.00

1^ST READING

This ordinance will award the contract to begin the process of Phase I of the Lake Road Resurfacing Project. Mr. Hunt noted that this contractor was recommended by Engineer Mackay as the lowest and best bidder.

ORDINANCE NO. 28-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH MMK GROUP, INC. D.B.A. GUTTLIEP LANDSCAPING FOR THE MAINTENANCE OF AN UNKNOWN NUMBER OF UNKEMPT PROPERTIES WITHIN THE CITY OF ROCKY RIVER FOR A PERIOD OF ONE (1) YEAR

1^ST READING

As discussed last week, this is the annual program to be sure that properties are cared for as to maintenance of lawns. Mr. Hunt added that it was brought out in the discussion that all costs incurred by the City will be recovered as any unpaid bills will be added to the tax duplicate. The hourly rate has also been decreased from $30 to $26.

Moved by Mr. Hunt, seconded by Mr. Long, that the rule requiring that 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 Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Moran, that the Ordinances No. 26-09, 27-09 and 28-09 be passed as read:

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:41 p.m.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council