CITY OF ROCKY RIVER

JULY 13, 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

Law Director: Mr. Bemer

Press: Ms. Pritchard

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Moran, seconded by Mr. Shepherd, that the reading of the minutes of the Legislative Meeting of June 22 be waived, and that the minutes be accepted as submitted.

Vote: Shepherd - 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 the reading of the minutes of the meeting of the Committee-of-the-Whole of July 6 be waived, and that the minutes be accepted as submitted.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

MAYOR'S REPORT:

The Mayor extended thanks to the many civic organizations that helped in the planning of River Days and insured its success. Even with Saturday's rain, which was helpful for the Sewer I & I and Hydraulic Modeling Study, no event had to be cancelled, and the Mayor was pleased to report that the Taste of Rocky River, Buy River, apple pie contest, bike rodeo and parade, Touch-a-Truck, Fun Fest and all the other events were all well-attended and successful. She acknowledged that almost a year's planning went into the success of all the activities. On Sunday, the 5k race began the day and the women's division was won by Councilwoman Arabian Whitman. This was followed by the Antique Appraisal Fair sponsored by the library, historic tours by the Historical Society and the car show with refreshments sold by the Kiwanis. The day ended with Pie in the Park, and the Mayor thanked Council members who joined her in serving 400 pieces of pie prior to the concert.

Councilman Long added that Kiwanis grossed more than $600 in food sales and the profits will all go to Kiwanis programs which are youth-oriented and benefit many members of the community. He also thanked all participants who purchased food.

The long-awaited rain to make the I & I and Hydraulic Modeling study a success arrived on Saturday morning.

The bidding for the Elmwood Sewer Project will begin now that approval has been received from the EPA. The Mayor thanked Safety-Service Director Linden and City Engineer Michael Mackay for their efforts.

Last Friday, another application for a fire grant was submitted for American Recovery and Reinvestment Act funds through the Assistance to Firefighters Grant Program. This grant is specifically for fire station construction and Rocky River's project, an addition to the fire station, would cost just over $2 million. Although the application indicated there will be no matching funds, the City has made a number of investments which will be favorably considered, such as ownership of the land, installation of exhaust systems, ownership of equipment and materials and investments in fire equipment and EMS squads. The evaluation process will begin in September and continue through September 2010 with awards being made at any time.

The Cuyahoga County Auditor has sent notices concerning evaluations and residential property taxes to properties in Rocky River. Starting on Wednesday, July 22, the Auditor's staff will be in Rocky River from 8:00 a.m. until 6:00 p.m. to meet with residents who have questions about their bills. An e-update will be sent, and information will be on the City's website, www.rrcity.com.

The Senior Art Show opened last Friday and was open during River Days. It will continue until July 24. Fifty-six artists are represented and 147 works of art are displayed representing ten suburbs. The collection is on display at the Senior Center, and the Mayor encouraged all to stop in and visit the exhibit.

Finally, the Mayor reported that on Friday, over 1000 individuals came to the pool; on Saturday, even with the stormy weather, there were 400 and on Sunday, 700.

LAW DIRECTOR'S REPORT:

Mr. Bemer discussed the two ordinances on the agenda which address modifications in the primary process as outlined in the Charter. These must be adopted by Council before submission to the electorate. There is a significant timing issue as ballot proposals must be received by the Board of Elections by September 4. Significant time and discussions resulted in the ordinances before Council.

Ordinance No. 52-09 will correct an oversight following last year's Charter Review by the Commission. In 2008, when the primary time frame was adjusted for nominating petitions, the time frame for independent candidates was not changed. This amendment will make partisan and non-partisan filing dates consistent, 75 days before a primary election.

Ordinance No. 52-09 deals with the language in circumstances when a primary must occur. The underlying philosophy of the City is economy with City funds for primary elections which now can be $40,000 to $50,000 per primary and insuring that the electorate at the general election has the opportunity to choose the best candidate. Redundancies and inconsistencies were also eliminated in the clarification process of determining under what conditions a primary is required.

Responding to Mr. Mylen's questions for further clarification, Mr. Bemer explained that under this modification, a primary is required any time there are four or more candidates for Council-at-large and at least one candidate of another political party or one independent candidate. Some communities have laws which require more primaries, but the City's focus was to balance the cost of primary elections with insuring that the electorate at the general election has a solid pool of candidates and that a candidate would be successful by a majority vote of all voters.

COMMITTEE REPORTS: PARKS AND RECREATION COMMITTEE UPDATE:

Mrs. Arabian Whitman, Chairman of the Parks and Recreation Committee, indicated that her committee consists of Mr. Furry, Mr. Moran and Mr. Shepherd.

On the third Wednesday of each month, the City's Parks and Recreation Commission meets at 8:00 a.m. The members, including Mrs. Arabian Whitman, are Bob Ranc, Kathleen Goefpert, Jim Ulchaker, and Ed Wasp (Chairman) meet with Administration members Tom Fattler and Mike Patterson with Jan Pescatrice, secretary.

Recreation revenues are up 10% over last year, and expenditures are down 8%. Mrs. Arabian Whitman said they are all proud that the department is healthy and maintaining high service levels, particularly in light of necessary cutbacks. Although overall memberships are down slightly, revenue is up and log-ins are also up 10% from 2008 (through June): 2009, 85,537; 2008, 78,920. This indicates increased usage, due in part to excellent programming. She demonstrated the depth of programming by showing a 30-page report (single spaced) which shows each session of every program with enrollments and capacities.

A recent innovation is a flex pass which allows a resident to purchase a single pass and use it to attend different classes in a category. In this way, different classes can be sampled before signing up for a full program.

In news and coming events, Mrs. Arabian Whitman reported:

A major shutdown for the Civic Center will occur in August for much-needed maintenance, including painting the pool floor, maintenance of the fitness center and general painting and cleaning. However, a reciprocal relationship has been created with Westlake and Fairview Park so that Rocky River members can use those facilities during the closing.

The contract with Coca-Cola will provide new scoreboards for many facilities.

A $5000 grant has been received from "Run for the Young" and will be earmarked for programs and equipment, especially to fight teen obesity which will also help the community at large.

The ice rink has a new Zamboni which, though expensive, will last a long time. The rink also sponsored the Ice Show which had two sold-out performances, each attended by 700 people.

The youth hockey program is the largest in the Cleveland area with 13 teams and 220 participants. The indoor soccer program, which uses the ice rink, is larger than in 2008, and the lacrosse program, available for first and second graders, is completely sold out.

One future consideration is the HVAC system which will be evaluated within the next few years and updated.

The Day Camp is fully subscribed for this year, although opening day was not as busy as in former years.

Pool membership is down slightly, mostly due to the weather which has been cool. For greater efficiency, the pool will now open when school is out and will close when school begins in August.

A new tots' playground area will be installed next year. The location has been decided and Mrs. Arabian Whitman acknowledged that it will be a nice addition to the City's parks system.

Discussion: Mr. Moran asked about the old scoreboards and whether they have value. Some signs and equipment are collected by the former beverage provider, but the scoreboards are the property of the City. Each is individually evaluated before disposition is made.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Shepherd reported that he has received a letter from residents of Magnolia and Westway concerning backup flood damage from the storm of June 25. (Exhibit "A") Mr. Shepherd indicated that concrete steps have already been taken to ease the problem and further steps will be taken in the future. In the long term, the City is rebuilding its sewer system and the Westway sanitary sewer is undersized and eventually will be replaced. He wanted residents to know that the City is aware of the problem.

Last Friday, Mr. Moran and Mr. Hunt met with the new Community Challenge prevention manager, Megan Kleidon from Recovery Resources and Jean Campanella. Coming events and programs were discussed. After Council's recess in August, Ms. Kleidon will come to a meeting to discuss the organization's work.

Three notices have been received from the Ohio Division of Liquor Control regarding licenses in the City.

Cleveland Bistro, 19100 Detroit Road has had a stock change.
The BP Station at 19400 Hilliard has had a transfer in the license.
La Gorda Mexican Restaurant, 21804 Center Ridge Road is applying for a new license.

The Police Division has checked, and there are no records for any persons named in the applications.

Mr. Furry asked if individuals of the companies or corporations are also checked. Mr. Shepherd indicated that the State does check those individuals.

Responding to a question from Mr. Furry about available licenses in the City, the Mayor explained that the website of the Division of Liquor Control has information on the number of active permits, the number in safekeeping and the number available. The three applications will be returned to the State without requests for hearings.

AUDIENCE PARTICIPATION: NONE

RESOLUTION NO. 47-09 BY DAVID W. FURRY

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR AND ENTER INTO A WATER POLLUTION CONTROL LOAN FUND AGREEMENT ON BEHALF OF THE CITY OF ROCKY RIVER FOR THE WASTEWATER TREATMENT PLANT FILTER BUILDING FLOOR REPAIR PROJECT AND DESIGNATING THE LOCAL SHARE OF PROJECT FINANCING

1^ST READING

Moved by Mr. Furry, seconded by Mr. Long, that the rule requiring that Resolution No. 47-09 be read on three separate days be suspended, and that Resolution No. 47-09 be placed upon its passage:

Discussion: Mr. Furry noted that, as discussed last week, all approvals have been received and he is prepared to move forward without 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. Furry, seconded by Mr. Long, that Resolution No. 47-09 be passed as read:

Discussion: Mr. Furry noted that this is the next step in financing from the Ohio EPA for a portion of the WWTP Filter Building Floor Repair Project. The total project cost is $85,000 and the application will reflect a request for $42,500 or 50% of the project cost. The remaining local share will be funded from the WWTP Capital Fund, is in the budget and the necessary approvals from the Management Committee have been received.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 48-09 BY THOMAS T. LONG

AN EMERGENCY ORDINANCE TO AMEND, REORGANIZE OR DELETE VARIOUS TITLES AND CHAPTERS WITHIN PART ELEVEN OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING LAND USE PLANNING AND ZONING AND FURTHER KNOWN AS THE DEVELOPMENT CODE, AND DELETE PART THIRTEEN, BUILDING CODE SECTION 1331.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER

1^ST READING

Mr. Long noted that a change has been made in the title to indicate that Chapter 1331.01 will be deleted which was not in the original document. Since the ordinance has been read for the first time, Mr. Long referred it to the Planning Commission which will review the ordinance in its entirety. Following that process, Council will review the ordinance and hold a public hearing for public input.

ORDINANCE NO. 49-09 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE JANITORIAL SUPPLIES FROM OHIO VALLEY SUPPLY & MAINTENANCE CO. AT A COST NOT TO EXCEED $30,000.00

1^ST READING

Moved by Mr. Mylen, seconded by Mr. Furry, that the rule requiring that Ordinance No. 49-09 be read on three separate days be suspended, and that Ordinance No. 49-09 be placed upon its passage:

Discussion: Mr. Mylen indicated that there is no reason to delay passage of this ordinance as Council will recess shortly. He turned to Mr. Linden who explained the bid process for these supplies which is different because the actual quantity of supplies is unknown. He noted that it is not last year's company, but Emil Rossol has used this company in the past and is satisfied with their products.

Mr. Shepherd observed that he has a professional relationship with one bidder and at one time had a professional relationship with another, so he would abstain from the vote.

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

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays 1 abstention PASSED

Moved by Mr. Mylen, seconded by Mr. Furry and Mr. Long, that Ordinance No. 49-09 be passed as read:

Discussion: See discussion above. He noted that the best bid was $1232.25 compared to the next closest which was $1299.75

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

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays 1 abstention PASSED

RESOLUTION NO. 50-09 BY JOHN B. SHEPHERD

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR AND HER DESIGNEES TO ACCEPT A GRANT FROM THE FISCAL YEAR 2007 STATE HOMELAND SECURITY GRANT PROGRAM FOR THE DEVELOPMENT OF A COMMUNITY EMERGENCY RESPONSE TEAM

1^ST READING

Moved by Mr. Shepherd, seconded by Mr. Furry, that the rule requiring that Resolution No. 50-09 be read on three separate days be suspended, and that Resolution No. 50-09 be placed upon its passage: Mr. Shepherd explained that this resolution will authorize the City to accept a grant of $1700 to help fund the C.E.R.T. program. In Rocky River, this program has about 30 volunteers who respond to disasters, both manmade and natural and is funded by FEMA, through the state, county and then the city. The grant can be used for equipment like backpacks, flashlights, etc. and training in rescue techniques and psychological skills. The C.E.R.T. team here is a collaborative effort with five westside communities. The rules suspension is necessary now because we have been asked to submit this resolution and Council will soon be in recess.

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. Long, that Resolution No. 50-09 be passed as read:

Discussion: Mr. Shepherd added that these trained volunteers also can save City funds by being called in less widespread emergencies, such as a downed wire.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 51-09 BY ALL MEMBERS OF COUNCIL

AN ORDINANCE AUTHORIZING AND DIRECTING THE SUBMISSION TO THE ELECTORS A PROPOSAL TO AMEND SECTION 4 OF ARTICLE IX OF THE CHARTER OF THE CITY OF ROCKY RIVER BY CLARIFYING THE CONDITIONS UNDER WHICH PARTY PRIMARIES ARE HELD, AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Moran, seconded by Mr. Furry, that the rule requiring that Ordinance No. 51-09 be read on three separate days be suspended, and that Ordinance No. 51-09 be placed upon its passage: Mr. Moran explained that Council needs to move quickly on passage because the deadline for inclusion on the next election is September 4.

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. 51-09 be passed as read:

Discussion: Mr. Moran noted that this issue will require a vote of the electorate and the first step in the process is passage of the ordinance by Council. He further noted that this ordinance will clarify conditions under which a primary election is required.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 52-09 BY ALL MEMBERS OF COUNCIL

AN ORDINANCE AUTHORIZING AND DIRECTING THE SUBMISSION TO THE ELECTORS A PROPOSAL TO AMEND SECTION 5 OF ARTICLE IX OF THE CHARTER OF THE CITY OF ROCKY RIVER BY CHANGING THE DATE OF THE DECLARATION OF CANDIDACY FOR AN INDEPENDENT CANDIDATE NOMINATION TO A MUNICIPAL OFFICE FROM THE SIXTIETH (60^TH) DAY TO THE SEVENTY-FIFTH (75^TH) DAY BEFORE THE PRIMARY ELECTION, AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Moran, seconded by Mr. Hunt, Mr. Long and Mr. Furry, that the rule requiring that Ordinance No. 52-09 be read on three separate days be suspended, and that Ordinance No. 52-09 be placed upon its passage:

Discussion: As with Ordinance No. 51-09, there is a deadline which the City must meet so that this issue appears on the ballot this November.

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. Mylen, that Ordinance No. 52-09 be passed as read:

Discussion: Mr. Moran turned to Mr. Bemer who noted that this if approved by the electorate, all nominating petitions, partisan and non-partisan (independent) to be filed on the same day. The Board of Elections has requested that this date be consistent to assist them in their planning.

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. 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

2^ND READING

Mr. Shepherd commented that this ordinance has been read and discussed at the last two meetings. Fire fighters' turnout gear (worn when fighting fires) normally has a useful life of four to five years. The City's last purchase was in 2001 and examination shows that it needs to be replaced. Funds have been allocated in the budget.

RESOLUTION NO. 44-09 BY JOHN B. SHEPHERD

A RESOLUTION SANCTIONING THE ROCKY RIVER CHIEF OF POLICE'S APPLICATION FOR THE FY 2009-2010 DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E) LAW ENFORCEMENT GRANT FUNDED THROUGH THE STATE OF OHIO D.A.R.E. GRANTS PROGRAM, AND DECLARING AN EMERGENCY

1^ST READING

Mr. Shepherd indicated that this resolution authorizes an application for funds for the D.A.R.E. program and was discussed at the last meeting of the Committee-of-the-Whole. Under this program, partially underwritten by the state, an officer is involved in helping to educate youth on drugs and alcohol and making good choices. Classes are conducted in fifth and sixth grades in Rocky River schools.

RESOLUTION NO. 45-09 BY THOMAS J. HUNT

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR AND ENTER INTO A WATER POLLUTION CONTROL LOAN FUND AGREEMENT ON BEHALF OF THE CITY OF ROCKY RIVER FOR THE CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS FOR A PORTION OF ELMWOOD ROAD AND DESIGNATING THE LOCAL SHARE OF PROJECT FINANCING

1^ST READING

Mr. Hunt commented that this ordinance will authorize the Mayor to apply for $442,500 for the improvement of the Elmwood sanitary sewers. This will enlarge the sewer to better accommodate the flow and help alleviate problems experienced by residents.

ORDINANCE NO. 46-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH AECOM USA, INC. FOR CONSULTING SANITARY ENGINEERING SERVICES FOR THE ROCKY RIVER WASTEWATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED $92,087

1^ST READING

Mr. Furry explained that this will authorize a contract for the 2009-2010 engineering services for the WWTP. The four items covered by this contract are: continuation of the monthly retainer at no increase, the Settled Sewage Pump Replacement Project, the Biosolids Evaluation and miscellaneous engineering.

Moved by Mr. Moran, seconded by Mr. Hunt and Mr. Furry, that the rule requiring that Ordinances 42-09 and 46-09 and Resolutions No. 44-09 and 45-09 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. Shepherd and Mr. Long, that the ordinances and resolutions 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

Mayor Bobst expressed her appreciation to Council for consideration of the legislation presented this evening. She noted that the four resolutions passed this evening totaled funds for the City of $989,000+ in grants and loans to assist with critical projects, particularly the Elmwood Sewer Project, and which may enable help for other areas such as the Westway-Magnolia area which will continue to be evaluated.

MISCELLANEOUS BUSINESS:

Mr. Moran noted that he has received a booklet from the U.S. Department of Heath and Human Services celebrating 20 years of drug and alcohol abuse prevention and 2009 Recovery Month, September.

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 9:06 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council