CITY OF ROCKY RIVER

MAY 27, 2008

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. Shepherd, Mr. Furry, Ms. Arabian, Mr. Moran

Absent: Mr. Long

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

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the Legislative Meeting of May 12 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. Hunt and Mr. Furry, that the reading of the minutes of the meeting of the Committee-of-the-Whole of May 19 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - abstain Mylen - aye

Furry - aye Arabian - aye Moran - aye

5 ayes 0 nays 1 abstention PASSED

Mr. Moran congratulated the Mayor and the City staff for the success of yesterday's Memorial Day parade and program.

MAYOR'S REPORT:

Mayor Bobst thanked the Joint Veterans Council of Lakewood and Rocky River who organized the Memorial Day parade and ceremony. Today, many positive comments were received. The Mayor introduced Billy Pelger, of Boy Scout Troop 605 that helped at this weekend's commemorations by presenting the colors at the Relay for Life and the Memorial Day Parade, representing Boy Scouts very well. Billy is working on a badge and was accompanied by his father, the scoutmaster.

The Mayor then commented on Relay for Life, which she said was to be applauded because it brought together so many parts of the community. Shari Caruso and Mary Blank, together with several chairmen who worked with them, organized a wonderful program filled with special events and creative happenings. The Mayor thanked the volunteers, all who participated and the generous sponsors. She noted that more than 70 teams took part, including church groups, civic groups, neighborhood groups, students, teachers and many others.

In another weekend event, the Western Cuyahoga County Audubon Society sponsored a park walk. This organization is involved with the Metroparks, particularly the Rocky River watershed, which is part of the City's storm water management focus. On Saturday, members started at 6:00 a.m. at the Hinckley Reservation and walked all the way through the parks to the marina. The Mayor was pleased to join them at 5:30 p.m. to welcome and congratulate them.

On Sunday, a procession of more than 2000 motorcycles passed through the City on their way from Cleveland Stadium through the county. Their objective was to honor first responders: fire fighters, EMS, and police departments.

The Mayor then thanked Council members, the Law Director and city prosecutor for their support and participation in the Memorial Day Service. She commented that it meant a lot to residents, particularly veterans and their families. The flyover also was a great success, and the Mayor was pleased to report that no complaints were received.

The Internet Crimes Against Children Task Force, which presented a program at the middle school, included two patrolmen, George Lichman and Michael Bernhardt as well as Brendan Sheehan from the County Prosecutor's office. The Mayor noted that these investigators understand internet sites which attract youngsters, like MySpace, FaceBook and others. Another great part of the program is that the night before, the Task Force had met with parents, advising them of internet dangers. Two officers actually pose as 12 year-old boys and girls in this successful program.

On June 7, the pool will open. The sprayground is already open, but at present, the water is very cold.

Over the weekend, both of the City's police dogs, Rylo and Jinx, participated in a canine demonstration at Qdoba. At the end of the day, the restaurant presented the Police Department with a $300 check to support the canine unit. The Mayor thanked them for their generosity.

The Mayor had a very productive phone conference regarding the Quiet Zone on Thursday afternoon. Participating were Law Director Bemer, Bill Harris from Norfolk Southern, Ron Ries of the FRA, Michael Mackay and Kim Kerber of Mackay Engineering. The opening good news

was that Mr. Harris stated that following a re-evaluation of the train traffic, the railroad had determined that the average number of trains per day is four for purposes of the FRA calculator. The Mayor has often mentioned that at five or fewer, a Quiet Zone may be implemented without constructing large Supplemental Safety Measures (SSM). The rest of the conference was spent discussing the next steps:

• A Letter of Intent (LOI) will be resubmitted to Norfolk Southern with the new train counts confirmed by Mr. Harris.
• Rick Ray, the Administrator of Highway Grade Crossings, will provide engineering information and cost analyses for the Constant Warning Time for the Elmwood crossing and power-out indicators which are necessary for all crossings.
• The call concluded with discussions of safety. The City plans, upon implementation of the Quiet Zone without the SSM, to create improved signage, roadway striping, and to conduct public education and awareness activities with residents.

As to a time frame, the LOI will be submitted this week, and the Mayor has already contacted Mr. Ray for the engineering information from the railroad.

Discussing refuse collection, the Mayor reminded residents that refuse is not to be placed on the tree lawn until 7:00 p.m the night before trash pickup. Although many people are cleaning up for spring, filled bags are an eyesore on tree lawns when placed there on Friday. The Administration asks that any refuse be stored until the evening before a regularly-scheduled collection. An unusual situation (e.g. water heater or refrigerator) can be dealt with by special pickup, but for weekly collections, she asked residents to abide by regulations.

The Annual Report has been received from the Cuyahoga County Solid Waste District (CCSWD), which lists recycling percentages. Rocky River has stayed approximately the same, dropping by 1%. The Mayor indicated that the City will be working with the District because the recycling brochure will be updated in response to their grant. She pointed out that when the City is able to remove a ton of refuse from the disposal stream, great savings are realized. It costs $34.25 to deposit a ton of refuse in the landfill, but recycling actually generates income. The City recycled almost 5000 tons of refuse last year and has exceeded the County and EPA expectations. There is still, however, a long way to go and the City expects to work with resident groups to raise the numbers during the next year.

In last week's discussion of foreclosure, the Mayor mentioned that Building Inspector Pat Nugent had attended the meeting in Congressman Kucinich's office where several County offices were represented. The City now has a matrix of contact information for County services entitled "Don't Borrow Trouble". Mr. Nugent maintains that "nothing is worse than doing nothing." If residents find themselves struggling, there are resources available to assist them, and information is available through the Building Department or the Mayor's office. Through May 20, 34 homes in the City have undergone the foreclosure process. Once notified, the City monitors these homes closely for exterior maintenance issues.

The Mayor thanked Key Bank representatives Candy Zelinski and Jim Delcorpo who participated in the bank's "Neighbors Make a Difference" day on May 20. These team members worked with two senior residents assisting them with yard cleanup. The Mayor commented that this meant a great deal to these individuals who were unable to take care of their spring cleanup.

On a sad note, the Mayor noted the passing of Bernie Zofcin of Brandstetter Carroll Zofcin, the architects of the aquatic facility and the expansion of the Don Umerley Civic Center. Mr. Zofcin worked with community groups and residents to make certain that the projects reflected resident needs and wishes. Mr. Zofcin passed away last week after a short battle with pancreatic cancer.

Finally, the Mayor was pleased to announce that Rocky River has been selected as #4 in the "Rating the Suburbs" issue of Cleveland Magazine. The Mayor was pleased with the article which she said captured some things that touch the lives of residents and that the City is most proud of. She recommended that everyone read the article. Unrelated to this placement, the supplement to this issue also featured Rocky River. Additional copies of the supplement are available.

Discussion: Mr. Moran commented that this weekend's activities made Council members proud, as did the standing of Rocky River as #4 of 76 communities rated by Cleveland Magazine.

Regarding the Quiet Zone, Mr. Hunt asked if the City is required to enter the number of trains in the Letter of Intent. The Mayor responded that the City attached the printout of the calculation from the FRA website which listed a train number. The train number represents freight trains, switching trains, maintenance trains, commuter trains, and passenger trains. Norfolk Southern evaluated the tracks and determined there are four trains per day, on average, and only freight and maintenance trains. There are no local, switching or passenger trains in Rocky River.

• Mr. Bemer added that there has been dialogue since the original LOI. He said that the City must be mindful that there are two parts to the process which must be considered. One is the paperwork and calculations; the other is having the Constant Warning Time device and power-out indicator worked on by the railroad.



• Mr. Mylen asked if these two processes are parallel and will be worked on simultaneously. The Mayor said that they are and both have been started by the City through calls to Mr. Ray and the submission of the LOI.

Regarding the City's recycling, Ms. Arabian asked if only plastics with #1 and #2 are being recycled. The Mayor confirmed that, saying that she would like to discuss that issue with the CCSWD to see if there are opportunities for expansion. Mr. Moran added that many residents do not realize that recyclables do not belong on the tree lawn or in the street, but rather should be placed with trash for pickup. He suggested that the informational sheet be distributed to those who mistakenly place trash out early or in the wrong place.

• Mr. Furry suggested that it be included and distributed with the refuse calendar as a gentle reminder to residents.

On the foreclosure situation, Mr. Moran said he appreciated the updates so they can also be aware of maintenance issues. He said that the Building Department is doing a great job.

LAW DIRECTOR'S REPORT:

Mr. Bemer noted that Mr. Connelly and Mr. Zell have been up-to-date with all the foreclosures which occur in the City. During the past year, there are consistently 35-40 foreclosures on the current list (not all new). The foreclosure office is trying to assist property owners who have an opportunity to bring their mortgages payments current. The other concern is vacant houses that deserve extra attention because they are not being maintained. Director Linden's office is creating a notice for neighbors to let them know that the houses are vacant and that the City is assisting with maintenance when the property owner cannot be located.

On the agenda, the storm water management legislation for construction and erosion and the illicit discharge ordinance were referred to the Planning Commission which wholeheartedly endorsed both presentations. The minutes have not yet been approved, so Mr. Bemer suggested delaying legislative action until official approval by the Planning Commission is received. Mr. Bemer commented that there was a lively discussion recognizing the need for this legislation, but several members raised the question of whether green infrastructure legislation is being contemplated. He suggested that the matter be addressed. Ordinances No. 63-08 and 64-08 need not be delayed until the question of green infrastructure is settled.

Last Friday, the Law Director, together with Safety-Service Director Linden, City Engineer Mackay and Prosecutor O'Shea attended the Court of Appeals mediation with their Lakewood counterparts. Mr. Bemer said it was the last opportunity to further discuss compromises for resolving the question of the Lakewood Dog Park. Also in attendance were the five High Parkway residents who are parties to the proceeding. A great deal of discussion centered around whether or not the sewer project soon to be undertaken in the Metroparks would cause a relocation of the dog park and the question of whether the dog park site would be the ideal location for a new pumping station. In the course of the discussion, it was determined that a new pumping station would not be necessary. Sewer lines need to be replaced, but that would not necessitate relocation of the dog park. Basically, an impasse was reached: Lakewood had offered a reduction in the hours of operation, but not enough to satisfy the residents who have a large concern about the barking during their dinner to twilight hours. Therefore, the briefing will go forward so that a legal determination will be made as presented to the Court of Appeals.

The Charter Review Commission is very near the end of their deliberations. Ten items were discussed last Thursday for presentation to City Council and then to be placed on the ballot in the November election. The ordinances have been prepared and the ballot language is included in the ordinances. When Commission Secretary Kate Straub has completed the minutes and they have been approved, along with the Charter language, the ordinances will be presented to City Council. Mr. Bemer hopes that this will be accomplished by June 9.

COMMITTEE REPORTS:

Parks and Recreation Committee: Ms. Arabian reported that work on the Sherry memorial at Linden Park should be completed within the next two weeks, and will be a nice addition to that

park. The family has purchased two benches; the flagpole will be donated by the football team, and a stone will be placed with a memorial plaque mounted on it. This will be in the southeast corner of the park.

The equipment has been ordered for the City Hall playground and should be recieved by June 9. Phase 2, which included preschool equipment may be installed this year as well due to funding by the PTA and other sources. To Councilman Mylen's question about fencing around the area, Ms. Arabian indicated that instead of fencing, the area would be mounded to block it from the parking lot, driveway and other dangers.

The Recreation Department has an interesting program, publicized on the website, called "Forever Fit". For senior citizens who are Medicare-eligible, some insurance carriers will pay for Rec Center membership in return for participation in fitness programs. Residents would pay in advance and be reimbursed. Among insurance companies participating are Advantra (Coventry), Aetna Medicare Advantage, Gateway, Aetna OPERS and Sterling Life.

• The Mayor noted that this program is being promoted through the Civic Center. Other programs sponsored by different insurance companies are also being reviewed.
• Mr. Shepherd asked about a dedication ceremony for the Sherry memorial. Ms. Arabian indicated that when it is scheduled, she will announce the date.

Summer hours for the Recreation Center are now in place: M-Th, 5:30 a.m. to 9:00 p.m.; Friday, 5:30 a.m. to 8:00 p.m.; Saturday, 7:00 a.m. to 5:00 p.m. and Sunday, 11:00 a.m. to 4:00 p.m.

The schedule for the Sunset Concert Series has been announced and is posted on the website. The first is June 8 and features the Rocky River Community Chorus and Band. It will be held in Memorial Hall at the Don Umerley Civic Center from 7:00 until 8:30 p.m. All subsequent concerts will be held outdoors at Rocky River Park.

The "2008 Run for the Young." which will be held in Westlake at Crocker Park on June 28. Proceeds from this event will benefit area nutrition programs, including the Rocky River Rec Center. The event welcomes walkers and runners.

Council members then took the opportunity to congratulate Ms. Arabian on her engagement this weekend.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran expressed his pride at the selection of Rocky River as #4 in the suburban ratings. He congratulated the Mayor, Mr. Linden and the staff.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 36-08 BY 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 explained that this is the right-of-way ordinance, and the Law Director is completing the latest draft. Mr. Bemer said he hoped to have it for Council next week, and noted that it would not require additional referral to the Planning Commission. Any modification could be accomplished by an affirmative vote of five Council members.

ORDINANCE NO. 57-08 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AMENDING ORDINANCE 136-07 BY CREATING THE POSITION OF SECRETARY - PART-TIME IN THE FINANCE DEPARTMENT OF THE CITY OF ROCKY RIVER AND FIXING THE HOURLY RATE FOR SAID APPOINTED EMPLOYEE

2^ND READING

Mr. Moran noted that he had spoken at length with the Finance Director. This is a part-time position which will be utilized to assist the department, along with a clerk that is already in the budget. In today's discussion, Mr. Moran ascertained that this will actually generate income by freeing members of the Finance Department staff to pursue income-generating tasks.

Moved by Mr. Moran, seconded by Mr. Furry, that the rule requiring that Ordinance No. 57-08 be read on three separate days be suspended, and that Ordinance No. 57-08 be placed upon its passage:

Discussion: The reason for the rules suspension is that, in this busy season, Mr. Moran would like to enable the Finance Department to hire an additional worker as soon as possible.

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 Ordinance No. 57-08 be passed as read:

Discussion: This is an opportunity for the Finance Department to receive more consistent help. This would be a part-time position.

Mr. Thomas explained that the plan is to have a shared workstation for the Finance Department clerk and secretary. He said he does not anticipate more than 20 hours per week for either position. He further explained that the Finance Department provides support services and direct services. Support services for payroll and retirements need to be expanded as other departments increase the number of employees. Increases in employment transactions as well as retirement divert resources. His well-trained staff will use the administrative support to redirect their talents and increase productivity.

Mr. Mylen asked if this expense was provided for in the budget. Mr. Thomas said that it was in the last supplementary appropriations ordinance. The position of the part-time finance clerk and the funds required were in the original budget and salary ordinance.

Mayor Bobst added that individuals have filled in on a part-time basis. This ordinance formalizes that activity on a regular basis. She said it would not add substantial dollars to the budget because these functions were already being performed by others who were part-time employees of the City.

Mr. Moran noted that this will also free employees to work on other Finance Department requirements, such as the CAFR.

Vote: Hunt - aye Shepherd - aye Mylen - aye

Furry - aye Arabian - aye Moran - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 63-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE ADDING CHAPTER 1311 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "CONTROLLING SITE SOIL EROSION, SEDIMENT STORM WATER QUANTITY MANAGEMENT AND POST-CONSTRUCTION STORM WATER QUALITY RUNOFF" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

2^ND READING

Mr. Furry noted that this ordinance was first read on May 12 and is part of the Storm Water Phase II Management addition to the Codified Ordinances. This has been referred to the Planning Commission and was discussed at their May 20 meeting. It has been verbally conveyed that it was unanimously approved. The third reading will be made upon official approval of their minutes.

ORDINANCE NO. 64-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE ADDING CHAPTER 1315 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "ILLICIT DISCHARGE AND ILLEGAL CONNECTION CONTROL" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

2^ND READING

This was also read for the first time on May 12 and is another addition to the Codified Ordinances. As with Ordinance No. 63-08, it was referred to the Planning Commission. The third reading will be done upon certification of their minutes.

ORDINANCE NO. 65-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE DESKTOP COMPUTERS FOR THE ROCKY RIVER MUNICIPAL COURT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM DELL COMPUTER AT A TOTAL COST NOT TO EXCEED $34,349.00

1^ST READING

Moved by Mr. Mylen, seconded by Mr. Furry, that the rule requiring that Ordinance No. 65-08 be

read on three separate days be suspended, and that Ordinance No. 65-08 be placed upon its passage:

Discussion: This ordinance will authorize the replacement of desktop computers for the Court system which has already received a quote through the Ohio Cooperative Purchasing Act. Mr. Mylen commented the Court would like to move forward with this purchase as quickly as possible. It was provided for in the budget.

Vote: Hunt - aye Shepherd - aye Mylen - aye

Furry - aye Arabian - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Mylen, seconded by Mr. Furry, that Ordinance No. 65-08 be passed as read:

Discussion: This ordinance was discussed last week in detail and provides for 46 desktops and five laptops which will be placed for the judges. The computers being replaced are out of warranty, so the sooner they can be replaced, the better.

Vote: Hunt - aye Shepherd - aye Mylen - aye

Furry - aye Arabian - aye Moran - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Furry recalled that at last week's meeting of the Committee-of-the-Whole, Chapter 1313 was distributed. He asked that Council members be prepared to discuss the drafts next week. He asked Council members to focus on this version and disregard previous versions.

• The Mayor mentioned that the redlined version has not been received from the consultant. When received, it will be forwarded by e-mail.

Mr. Furry said that when he compared and contrasted the two versions, he found the process confusing and recommended that Council members focus on the new chapter which is under consideration.

AUDIENCE PARTICIPATION:

Barbara Pempus, Rocky River, commented that she was proud of the Mayor for her economies with taxpayer dollars in driving a Ford Focus as presented on the news last week.

• The Mayor said that this story shows the power of the media. Because the report followed the finals of American Idol, there were thousands of viewers of that story. She observed, however, that Safety-Service Director Linden is to be commended because he manages and maintains the fleet and evaluates the City's vehicle needs.
• Mr. Moran briefly explained the story for those who had not seen it.

Billy Pelger, Morewood Parkway, said that he was working on a merit badge concerned with citizenship and the community. He indicated that one requirement is to find out some services which are provided by taxes of the citizens of the community. He asked if the paving of the roads is financed by Rocky River citizens or the state or federal government.

• Mayor Bobst explained by citing the example of Westway which was most recently repaved. That was paid by taxpayer dollars, whether paid to the City or the state or to the federal government. Each road is different; for Westway, the County paid about 80% or $80,000; the residents of Rocky River paid for about $20,000 of those improvements. They're all taxpayer dollars, but the "pot they came from" can be different. Other roads to be repaved this year will be Gasser, Cottonwood, Addington and Kings Mill Run. All of those are being funded with local taxpayer dollars, including any water lines or sewer projects needed are done with Rocky River taxpayer dollars. The Mayor emphasized that all funds from the state, county or federal government are still taxpayer dollars.

As there was no further business by members of Council, the meeting was adjourned at 9:15 p.m.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council