CITY OF ROCKY RIVER

SEPTEMBER 8, 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. Shepherd, Mr. Mylen, Mr. Furry,

Mrs. Arabian Whitman, Mr. Long, Mr. Moran

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 July 28 be waived, and that the minutes be accepted as submitted.

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. Moran, seconded by Mrs. Arabian Whitman, that the reading of the minutes of the meeting of the Committee-of-the-Whole of September 2 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 City has applied to NOACA for a $75,000 grant through the Transportation for Livable Communities Initiative Program for the Detroit Road Streetscape Enhancement Project. Next week a resolution supporting this submission will be on Council's agenda. At the end of this process there will be a final plan including on-street and off-street parking analyses, traffic analysis, streetscape design, landscape design, traffic calming and a number of other elements which will be made clear in the body of next week's resolution.

Regarding Lake Road, a meeting will be held tomorrow morning with Mackay Engineering, which has been working closely with ODOT. The City has suggested that the project be split into two segments so that the resurfacing project from the clock tower to the Bay Village line can be can begin in the spring of 2009. This has been found to be acceptable. One issue remains with the signalization of the Elmwood intersection, but the City hopes to work out any issues. The problem is not with the signal installation, but with the financing. Because federal, state, county and local dollars are being used, restrictions on all must be observed. In 2010, the reconstruction project from clock tower to the Lakewood border will commence. When approval is obtained from ODOT, a letter will be sent to all Lake Road residents, property owners and business owners outlining all details of the project.

An application for a sewer project, the Hampton interceptor, will be submitted to the District One Public Works Integrating Committee (DOPWIC). This project will build considerable capacity in that part of the City. The application is due at the end of the month and details will be available soon. DOPWIC provided $3 million for the Valley View Sewer Project and many improvements made at the WWTP. Although there is a great deal of competition for these grants, the City is hopeful.

There is no news about the railroad Quiet Zone. The Mayor had contacted Congressman Kucinich's office twice over the summer, but has not received an update. Martin Gelfand of the Congressman's office has provided all information received by the City regarding the cost of the crossing upgrades to Ron Reis of the FRA for review, but no updates have yet been received.

The administrative staff has begun its 2009 budget process. Draft budgets are due on September 26, after which meetings with department heads to review budgets in detail will begin. In July, preliminary discussions were held using figures from the first six months of the year. The plan is to present the budget to Council by November 7, well in advance of the end of the year so that if additional information is requested, it can be forwarded. The Mayor will also present an executive summary.

The City will begin firefighter training in auto extrication soon. It has been several years since the last updates in this very important area, and this hands-on practice will be provided by the EMS Academy of the Cleveland Clinic at the City's Service Garage.

Habitat For Humanity has reclaimed many building materials from the Wallace home. These will be sold at their retail store to raise funds for their new building projects. Shortly, A Piece of Cleveland (APOC) will visit the home to remove wood, particularly flooring and some framing and other materials. The Mayor referred Council members to an article in today's Crain's Cleveland Business which discusses their good work. The City is now receiving proposals for demolition, and the intention is to have the house and garage razed by the end of September.

David Hartt, whose firm is assisting with the update of the Development Code, expects to forward a draft of the new section shortly. A meeting will be scheduled in mid-October to discuss changes.

The Danny Scherry memorial was dedicated on August 16. The Mayor commented that it was a wonderful service, and she extended recognition and her thanks to the residents who participated in the fund-raising effort so that the flagpole could be erected and the bench and surrounding area installed. Thanks were forwarded to the Parks and Recreation Department, the Service Department and the Safety Forces. She especially thanked the community for its continued support of the Scherry family.

The Beautification Committee will meet tomorrow evening. The Mayor and Councilman Hunt expect to be in attendance.

A report has been received from URS regarding its study of the slope on Yacht Club Drive and Riverdale Drive. A meeting will be held to review findings attended by representatives of URS, Director Linden and City Engineer Mackay.

In recognition of the season, the Service Department is working on leaf machines (and plows); the ice is in at the Ice Rink, and 150 canine participants enjoyed the dog swim.

River residents have recently been honored:

• Mary Jane Dawe has been recognized by Crain's Cleveland Business as a Health Care Hero finalist in the Volunteer category. Mrs. Dawe works with seniors, assisting them with insurance and medicare claims, traversing a very complicated system. She was nominated by the Director of Senior Services, Carole Calladine.



• Two other residents were recognized with Community Service Awards from Fairview Hospital, Lakewood Hospital and the Community West Foundation. Shari Caruso, a teacher at the high school, has been very committed to service learning; she has also served as a co-chair of the Relay for Life for many years. Tom Gable was also honored for his lifetime of commitment to community service. He served on the Lakewood Hospital Board Foundation, the Cleveland Clinic Health Foundation and has been very active with the Red Cross.

A contribution has been received from the 2008 Run for the Young. This very successful event raised tens of thousands of dollars in its first year. Staff from the City's Recreation Department participated, recruiting volunteers and was awarded $5000 from that effort to focus on youth fitness programs. Director Mike Patterson and Michelle Riegler, active in securing volunteers, were present to receive the award on behalf of the City. In addition, Community Challenge, Fairview Park and Westlake Recreation Departments as well as the Lakewood YMCA received awards.

• Mrs. Arabian Whitman, a participant in the run, commented that this was a tremendous first effort. There were many participants in the run/walk and she commented that it was a most impressive first effort.

On Thursday, 9/11, a flag-raising ceremony will be held in front of City Hall next to the community bulletin board at 8:00 a.m. Safety forces will be present at the City's commemoration, and all are invited.

Discussion: Mr. Furry asked about the financing of the traffic signal at Lake and Elmwood. The Mayor explained that it involves a reconfiguation of that intersection and an effort will be made to maximize state and federal dollars received. For example, federal funds can be used for signalization, but those proceeds will not be used until the eastern end of the project. They have suggested that the eastern end and the light be done at the same time. The City will try to explain that it makes sense to do the entire project at once. Meetings will continue.

Regarding the auto extrication practice, Mr. Furry asked if this means training in the Jaws of Life. The Mayor responded that it does, but there is more than that because there is much more technology in use today, including, for example, hydrogen fuel cells.

Mr. Moran praised the Administration for focusing on the budget process in a timely manner.

LAW DIRECTOR'S REPORT:

Mr. Bemer noted that Human Resources Director Whitman is also secretary of the Civil Service Commission and also noted that Councilman Shepherd served on the Commission for many years. Both have proposed that West Shore communities join together for the purpose of Civil Service written testing. Mrs. Whitman asked Mr. Bemer to coordinate such an effort with the six West Shore law directors and discuss the issue. At the August 14 meeting, there was a consensus that this is a proper course of action for a consortium of governments under Chapter 163 of the ORC. That information was summarized and disseminated to Civil Service secretaries.

The Law Directors also spent time discussing various other legal issues which confront all of them, e.g. responding to public records requests and stormwater management. West Shore law directors have no formal organization as the West Shore Council of Governments does, nor do they wish to do so. However, they have agreed to meet informally to discuss some common legal issues. The next session will be in Fairview Park.

Mr. Bemer also commented on notices from the Sheriff's office when sex offenders move into the community. Both the State and Rocky River have laws prohibiting any registered sex offender from living within 1000' of a school, playground, church, day care or other locations where children congregate. Notices are sent both by the Sheriff's office and the schools to families who are affected by the new resident, and City Council and the Administration have heard from many of these families. In this community, inexpensive apartments and condominiums tend to be common residences for these offenders.

One issue is how to define the 1000' radius; the City's GIS enables an accurate measurement. However, the question has arisen as to whether the rule means that measurement begins at the outer boundary of the development, since all owners have an interest in the common areas, or if measurement begins at the doorstep of the particular unit occupied by the offender. When a sex offender moved into River Oaks, the City sent a letter informing him he was in violation of the law and he left. The individual has returned, and the City has found that his location has been sanctioned by the Probation Department. This department says that he is outside the 1000' boundary as measured from his doorstep, although the distance is 370' from the boundary of the property. To clarify the matter, Mr. Bemer then wrote to the current acting Attorney General, Nancy Rogers, for an interpretation. She responded that the appropriate method of measuring is from the outside boundary of the property. This will now be applicable to all sex offenders who live in the City.

The train count has increased over the last month, and the average was 5.7 trains per day. The range was from three to nine, which is the highest seen in a number of years. As mentioned by the Mayor, the Quiet Zone is still a priority. Mr. Bemer is seeking assistance from Congressman Kucinich's office.

Discussion: Mr. Moran asked if a homeowner rather than a renter were to be convicted of a sex offense, whether he would be required to sell his property. Mr. Bemer responded that he has seen case law which indicated that if someone owned the property prior to being convicted, he could continue to reside in the home when released. The dwelling restrictions apply to rentals following conviction. Not only the sex offender, but the landlord is notified that the property must be vacated.

Mr. Mylen asked if the increased train counts would impact the City's score in its effort to establish a Quiet Zone. Both Mr. Bemer and the Mayor said it would.

Mr. Furry added that legal descriptions for condominiums usually include an interest in and to the common areas and facilities. This would reinforce the opinion that measurement is from the outer boundary of the property.

COMMITTEE REPORTS:

S.A.F.E. Committee: Mr. Furry said that the next suburban airport mayors' meeting will be held on October 9 at 10:00 in Westlake. He will attend and a report will follow. He noted that he had been contacted by a representative from the West Park area which has a similar group, and reports that the lines of communication will remain open.

• Mayor Bobst indicated that she had forwarded information on the West Park group to Mr. Matty, legal counsel for S.A.F.E. so that the process can be open in a more formal way. Going forward, some collaboration may be important.

COMMUNICATIONS AND ANNOUNCEMENTS:

Rocky River sports have been active. The date of homecoming has been changed to September 26. The customary parade will begin at 7:00 p.m. at St. Christopher's and will go to the high school. At the mention of the spaghetti dinner, Mr. Furry urged all to attend the delicious spaghetti dinner at the high school which will precede the event.

Mr. Moran also thanked the Administration for the current Street Evaluation which helps in communications with residents.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 94-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE DIRECTING THE MAYOR TO EXECUTE AN EASEMENT TO THE OHIO BELL TELEPHONE COMPANY DBA AT&T OHIO ON PROPERTY OWNED BY THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

Mr. Hunt indicated that, based upon Council's discussions last week, the ordinance will not be read this week. The ordinance will be held for further discussion next week.

• The Mayor noted that Mr. Kevin Lynch of AT&T was in the audience and indicated that he had been in touch with the City's Building Commissioner, Kevin Beirne. The two will meet to discuss details.

ORDINANCES AND RESOLUTIONS UNDER CONSENT

RESOLUTION NO. 92-08 BY JOHN B. SHEPHERD

A RESOLUTION SANCTIONING THE ROCKY RIVER CHIEF OF POLICE'S APPLICATION FOR THE FY 2008-2009 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 noted that this resolution was discussed last week. This grant would pay up to 50% of the salary of the D.A.R.E. officer. Since the application is due immediately, the resolution should be passed promptly. Mr. Shepherd praised the program, and said that there is no reason not to pass the resolution.

ORDINANCE NO. 93-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO A CONTRACT WITH SPECIALIZED CONSTRUCTION INCORPORATED FOR THE 2008 CRACK & JOINT SEALING PROGRAM IN AN AMOUNT NOT TO EXCEED $98,175.00

1^ST READING

Mr. Hunt indicated that the 2008 Crack and Joint Sealing Program street list has been received and includes the recommendations for the streets most in need of sealing. Mr. Linden explained the program in detail at last week's meeting, including bid differences.

RESOLUTION NO. 95-08 BY JAMES W. MORAN

AN EMERGENCY RESOLUTION AUTHORIZING THE CERTIFICATION OF CERTAIN ACCOUNTS RELATIVE TO THE IMPROVEMENTS TO PLYMOUTH ROAD IN THE CITY OF ROCKY RIVER, OHIO, TO THE CUYAHOGA COUNTY AUDITOR FOR COLLECTION, IN ACCORDANCE WITH LAWS OF THE STATE OF OHIO

1^ST READING

Mr. Moran explained that improvements done in 1989 have been billed to residents for the past 19 years, and this is the last payment. When the resolution is passed, the last monies will be received for improvements made at that time. He recommended passage so that the amounts are billed to taxes and the funds will be received.

RESOLUTION NO. 96-08 BY JAMES W. MORAN

AN EMERGENCY RESOLUTION AUTHORIZING THE CERTIFICATION OF DELINQUENT SANITARY SEWER ACCOUNTS TO THE CUYAHOGA COUNTY AUDITOR FOR COLLECTION, IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO

1^ST READING

Mr. Moran indicated that for these 2007 sewer bills which are delinquent, payment can be received by asking the County Auditor to place them on tax bills. There has been thorough notification, but now balances can be collected.

Moved by Mr. Moran, seconded by Mr. Long, that the rule requiring that ordinances and resolutions 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, 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

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:47 p.m.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council