CITY OF ROCKY RIVER

JUNE 22, 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

Assistant Law Director: Mr. O'Shea

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Moran, seconded by Mr. Long, that the reading of the minutes of the Legislative Meeting of June 8 and the minutes of the meeting of the Committee-of-the-Whole of June 15 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

MAYOR'S REPORT:

The Mayor reported that the Greek Festival held last weekend at St. Demetrios Church was very successful, and she extended her thanks to the church and the Greek community for sponsoring such an outstanding tradition in the community.

Sunday's Concert in the Park was very well attended, with Revolution Pie, a Beatles tribute band performing many favorites.

The Lake Road Project is moving ahead. Speed limits of 15 mph have been posted, and the Mayor said that reduced speed was important, not only for workers and their vehicles and for pedestrians, but also for the safety of vehicles traveling on the roadway. Signs have also been posted supporting businesses along Lake Road, and the Mayor noted that access is being maintained to those businesses. An e-update has been sent and the Chamber of Commerce has been contacted urging support for affected businesses so they don't suffer from the construction conditions.

The City has entered a worksite partnership with the County which will provide eight seasonal employees at no cost to the City. These employees will meet some supplemental seasonal needs: six will work in the Service Department, and two in Recreation. Their roles will be landscaping, grass cutting, beach maintenance and similar work. Salaries for the workers and a supervisor who provides help and training will be paid by the County.

An article entitled "Streamlining government" in yesterday's Plain Dealer concerns a project to encourage collaboration among local governments for more efficient operation and to find a better way to deliver services. The Westshore Council of Governments has submitted two abstracts, one for a sustainability coordinator; the other for fire department collaboration and consolidation. Both were approved and moved on to the second round which required a lengthier description of the projects and its participants. Those have also been accepted, and are now eligible for one of three $100,000 grants to be awarded for funding of the project. The Mayor encouraged all residents and others interested to visit EfficientGovNow.org to review all the entries and to vote for those that seem most worthy of funding. There is more information on the website, and voting begins July 1.

The new issue of the Senior Center's Quill is ready, and the Mayor mentioned a story about Mary Ellen and Jack McFarland, the Volunteers of the Month. As one of their many activities, they coordinate the Wii bowling group at the Senior Center.

The Beachcliff Women's Club has made a generous donation to the Senior Center in support of the Senior Transportation Program.

The Detroit Road Streetscape stakeholders will meet next week on June 30.

The Mayor mentioned that she had received a letter from Alexander Foos thanking her and all the residents of Rocky River. He and his family moved here three years ago when he was transferred by the Coast Guard, and he said that they had found this community was "amazing" and stated they had never experienced it anywhere else before. Residents were welcoming and friendly. They are now moving back to Virginia, but he wanted to thank everyone for their friendship during the three years they lived here.

Mayor Bobst then turned to Councilwoman Arabian Whitman to speak about Maplewood.

• Mrs. Whitman explained that she grew up on Maplewood Avenue, a small close-knit community. Chris Pfeil, a long-time resident of the street, wrote a short essay and entered it in the Edy's ice cream contest to promote neighborhoods. Her winning essay talks about the people who make up Maplewood Avenue, which is also the greater Rocky River community and the support each resident feels for the others, no matter what jobs they hold or where they came from. They hope to enjoy her prize, enough ice cream for the entire street, which will be served at the 50^th + block party.

Discussion: Mr. Shepherd asked for further details of the meeting for Detroit Road stakeholders. The Mayor said that attendees will begin to gather at 8:30 a.m. at the Don Umerley Civic Center for a presentation of the plans to this point. She said that it is not yet complete, but at its midpoint, and that suggestions and ideas from stakeholders would be welcomed.

LAW DIRECTOR'S REPORT: NONE

COMMITTEE REPORTS: ENVIRONMENTAL COMMITTEE UPDATE:

Mr. Furry, Chairman of the Environmental Committee, noted that his committee consists of

Mr. Hunt, Mr Long and Mr. Shepherd. He explained that the work of his committee is divided into areas dealing with land, sea and air.

Land: Beautification Committee: the most recent project of this committee was the Gateway Landscaping at three entrances to the City. Their planning for the Tree Lawn Planting Program is now in its fifth year with much thought being given to the type of tree planted which will not interfere with utility lines. Each year 200 trees are placed in tree lawns, divided equally in all wards of the City. In the future, all gateways are may be landscaped.

Community Gardens are being planned for the property acquired which is contiguous to the City Hall campus.

Recycling efforts last year resulted in the reduction of the waste stream by 36%, up 3% from last year. Efforts to increase this figure continue.

Stormwater management includes PIPE efforts (Public Involvement/Public Education) through the Cuyahoga Soil and Water District which also sponsors other activities such as the quarterly rain barrel workshops.

SEA: Wastewater Treatment Plant has recently presented ordinances for a flow study that prorates usage among the four member cities of the district, Bay Village, Fairview Park, Rocky River and Westlake, including the ordinance on this evening's agenda.

Capital projects in progress include:

• $2.4 million contract with Kokosing Construction to replace four 250 hp various frequency drives, motors and controls that were installed in 1985, five 1985 mechanical bar screens in the headworks building, 10 slide gate actuators, and to reline a 54' headworks overflow pipe and replace the grit classifier. This project is due for completion in December 2009.
• Council has approved $60,832 to replace the HVAC system in the chemical storage building which is nearly complete.

Future Capital projects:

• Building work will be the filter building repair project.
• Replacement of the 1985 truck scale ($100,000)
• Asphalt work around the plant ($200,000)
• Redundant/back up emergency pump for the pump station ($350,000)

Superintendent Harrington is reviewing the use of stimulus funds for some of these projects, but it may not be feasible because of funding constraints.

Air: Safe Air for the Environment (SAFE) is comprised of representatives from Westlake, Fairview Park, Rocky River and Bay Village who meet quarterly with airport officials as part of the Westshore Council of Governments to keep the cities informed of airport activities.

• A major project currently underway is a Part 150 study that will develop a comprehensive database of existing operations and noise and land use. It will incorporate a five-year projection of operations and noise and evaluate projected changes in exposure, identifying noise and land use incompatibilities. Consultants will utilize supplemental noise metrics to help describe the existing environment and forecast future environments. They will also document baseline conditions in a "Noise Exposure Map" and submit it to the FAA for review.



• As part of the public outreach, they will establish a Part 150 Working Group that will include multiple workshops, newsletters and a website. Mr. Furry mentioned that the City's website has a direct link to call the noise complaint hotline at Hopkins Airport which reports those figures to SAFE quarterly. The airport has also procured a portable noise monitoring system.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mrs. Arabian Whitman commented that the Greek Festival was a huge success and thanked the Mayor and Council President for attending the ribbon-cutting ceremony. Even with some rain, there was a steady flow of attendees, and with the drive-through, a constant flow of food sales. The dancers did a wonderful job, and the atmosphere was very festive. She acknowledged that proceeds provide a major help with operating expenses through the year, and thanked all who participated and attended.

Mr. Moran announced that there will be no meeting next week, as it is the fifth Monday in June. The next meeting will be Monday, July 6.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 41-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO AMEND AN AGREEMENT WITH URS CORPORATION FOR PROFESSIONAL SERVICES RELATIVE TO THE PREPARATION OF AN INFLOW, INFILTRATION AND HYDRAULIC MODELING STUDY FOR THE CITY OF ROCKY RIVER WASTEWATER TREATMENT PLANT

1^ST READING

Moved by Mr. Furry, seconded by Mr. Long, that the rule requiring that Ordinance No. 41-09 be read on three separate days be suspended, and that Ordinance No. 41-09 be placed upon its passage:

Discussion: Mr. Furry indicated that Superintendent Harrington was present last week to discuss the reasons for the extension of the contract because of the lack of rain. The latest statistics indicate the following rainfalls:

• June 19, peak flow rate 30.8 million gallons/day. Rainfall at WWTP, .43", Westlake, .23", Fairview, .34"
• June 20, peak flow rate 29.19 million gallons/day. Rainfall at WWTP, .46", Westlake, .34, Fairview, .49" Mr. Furry explained that rain is falling, but not enough for purposes of the study.

In the absence of Mayor Clough of Westlake, Acting Mayor Joyce Able Schroth of Westlake has given consent to proceed with the extension, as have all mayors of the other cities in the district.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Furry, seconded by Mr. Shepherd and Mr. Long, that Ordinance No. 41-09 be passed as read:

Discussion: See discussion above. Mr. Mylen asked if the amount mentioned is Rocky River's share. Mr. Furry responded that it is not, but will be divided among the four cities.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 42-09 BY JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE SAFETY APPAREL UNDER THE STATE COOPERATIVE PURCHASING ACT FOR THE FIRE DIVISION FROM WARREN FIRE EQUIPMENT AT A COST NOT TO EXCEED $49,527.00

1^ST READING

Mr. Shepherd explained that the safety apparel mentioned is turnout gear which is what is worn to fight fires. Each uniform is custom-made for the fire fighter. The recommended useful life is five years, but the current gear was purchased in 2001. Director Linden has confirmed, following his inspection of the gear, that it needs to be replaced. It will be purchased through the State Cooperative Purchasing program, and the amount is in the budget. Mr. Shepherd said that he intends to move for a rule suspension and a vote on July 13.

• Mr. Moran asked if this amount provides for all the fire fighters, or a percentage. Mr. Linden explained that turnout gear is bought for all fire fighters at once. Breathing apparatus is replace in 1/3 increments. Responding to Mr. Furry, the Director said that turnout gear consists of the jacket and pants.

RESOLUTION NO. 43-09 BY THOMAS J. HUNT

AN EMERGENCY RESOLUTION TO PROVIDE A "NO OBJECTION" LETTER TO THE OHIO DIVISION OF LIQUOR CONTROL ON BEHALF OF THE IRISH BARBER, INC.'S APPLICATION FOR LIQUOR PERMIT

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Resolution No. 43-09 be read on three separate days be suspended, and that Resolution No. 43-09 be placed upon its passage:

Discussion: Mr. Hunt noted that this application has been under discussion for some time and that Resolution No. 33-09 authorizing the Mayor to enter into the Cooperation Agreement has been passed. Since Mr. Gormley is waiting to submit his application from the Division of Liquor, there is no reason to delay passage of this resolution.

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. Mylen and Mr. Long, that Resolution No. 43-09 be passed as read:

Discussion: The TREX agreement, which included agreement by the City not to object to the application of Mr. Gormley.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO. 36-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR FUNDING EIGHTY PERCENT (80%) OF THE COSTS FOR REHABILITATING LAKE ROAD (FROM MOREWOOD PARKWAY TO LINDA STREET AND WIDENING THE ELMWOOD INTERSECTION) WITH THE CITY OF ROCKY RIVER ASSUMING TWENTY PERCENT (20%) OF THE COST AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

Mr. Hunt commented that this ordinance will clear the path for the financing of Phase II of the Lake Road Project which will be next year. ODOT will supply 80% of the funding for Phase II which will be from the clock tower and the intersection of Morewood and Lake Road going east to the Lakewood border.

ORDINANCE NO. 39-09 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE VEHICLE MAINTENANCE PARTS FOR THE CITY OF ROCKY RIVER FOR A TWO (2) YEAR PERIOD FROM LAKEFRONT AUTOMOTIVE PARTS, INC. AT A COST NOT TO EXCEED $40,000 PER ANNUM

1^ST READING

Mr. Mylen explained that this ordinance will authorize the purchase of auto parts for this year and next. The City will spend only what is needed, as stated during last week's discussion. The ordinance is necessary because the cost is expected to exceed the $25,000 limit with a single supplier.

ORDINANCE NO. 40-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO A CONTRACT WITH TERRACE CONSTRUCTION COMPANY, INC. FOR THE 2009 STREET REPAIR PROGRAM IN AN AMOUNT NOT TO EXCEED $730,041.25

1^ST READING

Mr. Hunt indicated that this ordinance was discussed last week at the meeting of the Committee-of-the-Whole. Bids were received June 12 for the 2009 Street Repair Program. This amount is less than the Engineer's estimate. He said passage is necessary this evening so that the City can take advantage of the short construction season.

Moved by Mr. Moran, seconded by Mr. Hunt and Mr. Long, that the rule requiring that the ordinances of the Consent Agenda be read on three separate days be suspended, and that said legislation be placed upon its 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. Furry and Mr. Long, 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:

Mayor Bobst indicated that next week the City will have had six months' experience with the budget, and it will be reviewed in great detail. She will meet with directors to discuss projections for the following six months. With the start of the budget process in late August/early September, she invited Council comments.

The Development Code will soon be forwarded to Council; the draft is almost complete. When finished, it will come to Council in ordinance form under the sponsorship of Councilman Long for referral to the Planning Commission. The Mayor is hopeful that it can be forwarded to Council by July 6, or no later than July 13 for opening discussions by the Planning Commission at its meeting of July 21. Because there may be recommendations for changes, the Mayor asked if Council members would find it acceptable to receive an electronic copy of the Development Code. It is a large document, and changes are more easily made in an electronic copy. Following return from the Planning Commission, there will be Council discussions and a public hearing.

Director Linden and City Engineer Michael Mackay have been working on the Elmwood Sewer Project and also working closely with the EPA. Mayor Bobst said the City was very happy to have received funding for the project which had only local dollars committed, but it has become a process with EPA requirements in the bid specifications. The City has prepared its bid, but is waiting for action by the EPA. The Mayor indicated that it may mean that there is a potential for an August meeting to accept the funding, much like Councilman Hunt's legislation this evening. At that time, the City will be notified of the extent of the funding and the interest rate.

Mr. Moran confirmed the Committee updates scheduled for July:

• July 6, Safety;
• July 13, Parks and Recreation;
• July 20, Finance;
• July 27, Planning, Zoning and Economic Development.

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:50 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council