CITY OF ROCKY RIVER



JULY 28, 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. Furry, Ms. Arabian, Mr. Long, Mr. Moran

Absent: Mr. Shepherd

Administration: Mr. Linden, Mr. Thomas





Law Director: Mr. Bemer





Press: Mr. Saylor





The meeting was opened with the Pledge of Allegiance.





MOTION:

Moved by Mr. Moran, seconded by Ms. Arabian, that the reading of the minutes of the Legislative Meeting of July 14 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - abstain Moran - aye

5 ayes 0 nays 1 abstention 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 21 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Mylen - abstain Furry - aye

Arabian - aye Long - aye Moran - aye

5 ayes 0 nays 1 abstention PASSED



MAYOR'S REPORT:



In the Mayor's absence, Safety-Service Director Linden reported that the Mayor's office has received calls from residents who are concerned about RTA fare and schedule changes. Five hearings have been scheduled by RTA for public input concerning proposed fuel surcharges and service reductions, which, if approved by the Board of Trustees, would be effective in October. RTA has said that these changes have been caused by greatly reduced state funding and rising fuel prices which, if not addressed, will cause a $20 million deficit in 2009. One of the public meetings will be held in Rocky River at the Don Umerley Civic Center Memorial Hall on August 4 at 6:00 p.m.



During Council's recess, information will be provided in packets about the crack and joint sealing program for the City's streets. This is done annually in September, so the Safety-Service Director will be looking for passage when Council reconvenes.





LAW DIRECTOR'S REPORT:



Several projects are moving along in the Law Director's office. At present, a fee schedule is under consideration to be charged for presentation before the Board of Zoning and Building Appeals for variances, etc. Mr. Bemer reported that Rocky River is one of the only cities which does not have a fee for objections for building permits or variances. He is working with the Building Department on the project.





COMMITTEE REPORTS: NONE





COMMUNICATIONS AND ANNOUNCEMENTS:



Mr. Furry and Mr. Hunt reported that last evening's Concert in the Park was excellent and very well attended, with the largest audience yet.



Mr. Moran announced that there will be no Council meetings next month because of Council's recess. The next meeting will be on Tuesday following Labor Day, September 2.



Mr. Moran also mentioned that he had received a phone call from the owner of a multi-unit rental building in Rocky River which has more than 20 vacancies. Because the sewer fee ordinance passed last year provides that all residents share in the costs of repairing and rehabilitating the sewer system, multi-unit apartments are assessed for each rental unit. When many are vacant, the fee is still charged, and this owner felt that it was a hardship to have to pay for so many vacant units. Mr. Moran proposed that discussions be held following Council's recess.

Mr. Moran noted that the Argus, the City's Marine Patrol boat, was active this past weekend.

Mr. Moran also received a phone call concerning the playground at City Hall. He asked Councilwoman Arabian if the new equipment installation is complete. She responded that it is, except for some preschool additions, and is being enjoyed very much by youngsters. The former equipment was in place for about 16 years, was in poor condition and was not ADA compliant. Less was spent on the replacement than for the original equipment 16 years ago.





AUDIENCE PARTICIPATION: NONE





ORDINANCE NO. 88-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE HIRING DAVID J. MATTY OF RADEMAKER, MATTY, McCLELLAND AND GREVE TO REPRESENT THE CITY IN NEGOTIATION MATTERS INVOLVING COLLECTIVE BARGAINING AGREEMENTS WITH UNION MEMBERS OF THE FIRE DIVISION, POLICE DIVISION AND SERVICE DIVISION

2ND READING



Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 88-08 be read on three separate days be suspended, and that Ordinance No. 88-08 be placed upon its passage:

Discussion: Mr. Hunt noted that there is limited time to pass this ordinance because this is the last meeting prior to the August recess. Mr. Matty would like to begin administrative meetings prior to union bargaining for contracts, so it should be addressed this evening.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED



Moved by Mr. Hunt, seconded by Mr. Long, that Ordinance No. 88-08 be passed as read:

Discussion: This ordinance was discussed at length last week when Director Bemer indicated that with Mr. Matty's experience in past negotiations, it would provide more continuity for the negotiations to take advantage of his experience. Director Bemer, the Mayor and other directors would also participate. Further, Mr. Matty's rates are less than his normal fees. Mr. Hunt commented that he believed it would be in the best interests in regard to the negotiations to hire Mr. Matty to assist.

Mr. Mylen asked if an outside negotiator would be hired going forward into the future. Mr. Bemer said that the City would take each three-year term as it comes and decide at that time.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED





RESOLUTION NO. 89-08 BY JAMES W. MORAN

AN EMERGENCY RESOLUTION ACCEPTING THE ALTERNATIVE TAX BUDGET INFORMATION OF THE CITY OF ROCKY RIVER, OHIO FOR THE FISCAL YEAR

COMMENCING JANUARY 1, 2009

1ST READING



Moved by Mr. Moran, seconded by Mr. Furry, that the rule requiring that Resolution No. 89-08 be read on three separate days be suspended, and that Resolution No. 89-08 be placed upon its passage:

Discussion: Mr. Moran agreed with Councilman Hunt's comments that Council wishes to be certain that, going into the August recess, work is completed. Passage of this ordinance will assist Director Thomas and give him sufficient time to prepare next year's budget, so this should be put into place now.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED



Moved by Mr. Moran, seconded by Mr. Long, that Resolution No. 89-08 be passed as read:

Discussion: Mr. Moran noted that Mr. Thomas had discussed this resolution at last week's meeting of the Committee-of-the-Whole. Passing this resolution now will allow Mr. Thomas to forward this information to the County before mid-September and project revenues and expenses.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED







ORDINANCE NO. 90-08 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING A PROJECT LOAN AGREEMENT AND PROMISSORY NOTE WITH THE OHIO PUBLIC WORKS COMMISSION (OPWC) FOR THE FINANCING OF THE VALLEYVIEW STORM AND SANITARY SEWER IMPROVEMENT PROJECT LOAN IN AN AMOUNT NOT TO EXCEED $2,987,712

1ST READING



Moved by Mr. Moran, seconded by Mr. Furry, that the rule requiring that Ordinance No. 90-08 be read on three separate days be suspended, and that Ordinance No. 90-08 be placed upon its passage:

Discussion: This program, discussed last week, will authorize an application for a 30-year loan on a very important program which also should be in place before Council's recess.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED



Moved by Mr. Moran, seconded by Mr. Furry, that Ordinance No. 90-08 be passed as read:

Discussion: As discussed last week, Mr. Thomas has provided a 30-year maximum amortization schedule, depending upon the total borrowed. This sum will improve the Valley View storm sewer and is a no-interest loan where almost $3 million is earmarked, ready to be received for this project.

Mr. Linden publicly thanked Mr. Klaiber, the County Engineer, for his help in preparing for the loan, and City officials, Mr. Bemer, Mr. Thomas and especially, Mayor Bobst who worked hard to obtain the loan. Mr. Moran also thanked Mr. Linden.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED



ORDINANCE NO. 91-08 BY THOMAS T. LONG

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO GRANT AUTHORITY TO GREATER CLEVELAND HABITAT FOR HUMANITY AND A PIECE OF CLEVELAND, L.L.C. TO SALVAGE HOUSING MATERIALS FROM THE STRUCTURE LOCATED AT 1958 WAGAR ROAD, ROCKY RIVER, OHIO, KNOWN AS THE WALLACE PROPERTY

1ST READING



Moved by Mr. Long, seconded by Mr. Furry, that the rule requiring that Ordinance No. 91-08 be read on three separate days be suspended, and that Ordinance No. 91-08 be placed upon its passage:

Discussion: Mr. Long explained that the City had purchased this property and the house earlier this year. It is the Administration's wish that the house be demolished and whatever materials can be recycled be removed. It is important to pass this ordinance now, not only because it is Council's last meeting before the recess, but because demolition is expected early in September.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED



Moved by Mr. Long, seconded by Mr. Furry, that Ordinance No. 91-08 be passed as read:

Discussion: Mr. Long further explained that both organizations being authorized wish to salvage and recycle as much as possible from the home, e.g. moldings, floors, windows, etc.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED



MISCELLANEOUS BUSINESS: NONE





Mr. Moran requested that any public comment be limited to five minutes.

AUDIENCE PARTICIPATION:



Kevin Connors, 20061 Bonnie Bank Blvd., noted that he grew up in a very nice city, Hudson, but he now "brags" that he lives in Rocky River which shows the strength of his feelings about the City. He thinks that Hudson is a fine city, but Rocky River is tops.



However, he was shocked by what he saw outside City Hall this evening. He recalled that Mr. Hurtuk, a former Councilman, used to talk about a "class act" and observed that what he saw outside was not a "class act" nor a good reflection on this City. He said that what he was discussing were the signs and the very graphic anti-abortion pictures, which he said he has not seen on this scale here. He said the location was very concerning as children going to and from the pool or playground could be passing, and he would be angry if his children were exposed to it. He said there are other ways to go about expressing opinions. Further, the signs are too big and could impede pedestrian traffic. He is not certain what can be done, but he hopes that there is something, and respectfully asks Mr. Sokol to rethink his actions.



Finally, Mr. Connors noted that he had called the City last week because of potholes/cracks in his street. She spoke with Mrs. Costello who promptly dispatched crews to make the necessary repairs. He thanked Mrs. Costello and the City for excellent service.







As there was no further business by members of Council, the meeting was adjourned at 8:34 p.m.













_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council