CITY OF ROCKY RIVER

SEPTEMBER 10, 2007

The regular meeting of Council was called to order by Mr. Hagan, President of Council, at 8:00 p.m. in the David J. Cook Council Chambers.

Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mr. Hurtuk,

Mrs. Bartolozzi, Mr. Long, Mr. Hagan

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

Law Director: Mr. Bemer

Press: Mr. Saylor

The meeting was opened with the Pledge of Allegiance. Mr. Hagan noted that two additional pieces of legislation have been presented.

MOTION:

Moved by Mr. Hagan, seconded by Mr. Hunt and Mr. Long, that the 72-hour rule of notification be waived and that Ordinance No. 92-07 and Resolution No. 93-07 be placed on this evening's agenda.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MOTIONS:

Moved by Mr. Hagan, seconded by Mr. Gollinger, that the reading of the minutes of the Lake Road Project Presentation of July 23 be waived, and that the minutes be accepted as submitted.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - abstain

Bartolozzi - abstain Long - aye Hagan - aye

5 ayes 0 nays 2 abstentions PASSED

Moved by Mr. Hagan, seconded by Mr. Long and Mr. Gollinger, that the reading of the minutes of the Legislative Meeting and the Executive Session of July 23 be waived, and that the minutes be accepted as submitted.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - abstain

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays 1 abstention PASSED

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the reading of the minutes of the meeting of the Committee-of-the-Whole and the Executive Session of September 4 be waived, and that the minutes be accepted as submitted.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - abstain Hagan - aye

6 ayes 0 nays 1 abstention PASSED

In the absence of objection from the Mayor or the Law Director, Mr. Hagan proceeded to a consideration of Resolution No. 90-07.

AUDIENCE PARTICIPATION:

Fred I. Sokol, 20021 Parkview, congratulated Mr. Rokakis on the honor being conferred this evening. As a fellow County employee, he said "hurrah".

President Hagan called upon Mr. Rokakis to come forward as the resolution honoring him was read.

RESOLUTION NO. 90-07 BY THE MAYOR, THE LAW DIRECTOR, AND

ALL MEMBERS OF CITY COUNCIL

A RESOLUTION COMMEMORATING CUYAHOGA COUNTY TREASURER JAMES ROKAKIS

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that Resolution No. 90-07 be read on three separate days be suspended, and that Resolution No. 90-07 be placed upon its passage:

Discussion: Mr. Moran commented that it is a wonderful situation when such a dedicated County employee lives in the City of Rocky River. He said that Mr. Rokakis and his staff have always been very helpful to him and to all citizens.

Mrs. Bartolozzi praised his dedication to the community and commended him for his many years of service.

Mr. Hagan acknowledged that he is pleased to have Mr. Rokakis as a resident, and Mr. Rokakis responded that he is pleased to be a resident of this City.

Mr. Bemer praised his pursuit of a solution to predatory lending, a scourge across the country. He pointed out that Mr. Rokakis has been working on this problem for a long time. Further, one of his greatest assets is humility.

Mr. Rokakis reported that the BBC has visited in the course of preparing a documentary because there are so many British investors who have lost money during this mortgage crisis. German TV was here last week and next week a film crew will be here from Japan. Mr. Rokakis noted that discussions on this subject have been ongoing since 2001 when he asked the Federal Reserve Bank to convene a meeting to discuss practices which he knew would lead to disaster in the mortgage market. He said that it is no longer a Cleveland problem or even a national problem, but it has international repercussions.

Mr. Hagan also praised the outreach of Mr. Rokakis' office which has met with him and with Mr. Bemer regarding foreclosure laws and helping assist cities like Rocky River which are not immune to defaulted loans and abandoned homes. Having a fast track for foreclosure has helped settle matters more quickly.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Hunt, that Resolution No. 90-07 be passed as read:

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MAYOR'S REPORT:

The Post Office fence is being constructed. Tomorrow the parking lot work will begin, so there may be some traffic issues, but the post office will be open.

The airport has placed a monitor on Westover to collect data on airplane noise. When sufficient information has been gathered, the monitor will be moved to a location on High Parkway. The Director's office will then report on their findings to the City, using their computerized noise evaluation system.

Director Thomas is present to review Ordinance No. 92-07 regarding the establishment of an IT support account.

Resolution No. 93-07 was mentioned last week. This will confirm Council support for the application for DOPWIC funds for the Valley View Sewer Reconstruction Project. The Mayor said that she would appreciate passage this evening so that it can be included in the grant proposal.

On Saturday, the Rec Center will celebrate its grand opening. The ribbon cutting will be at noon, and tours will be given throughout Saturday afternoon and on Sunday. At 9:00 a.m. on Saturday morning, the Senior Center will host "Junk in Your Trunk", a fun event for buyers and sellers.

Dominion East Ohio Gas Co. has filed an application with the PUCO for a base rate increase. Three informational meetings with questions and answers will be held: Friday, September 21 in Painesville, Tuesday, September 25 in Independence and Thursday, September 27 in Warrensville Hts. All meetings will begin at 9:00 a.m. and conclude no later than 11:00 a.m. The Mayor has an e-mail address for a contact person should members of Council have specific questions.

Tomorrow is the anniversary of the 9/11 tragedy, and flags will be displayed throughout the community in remembrance of those who were lost and the heroes which came out of that date. It is also Patriot Day. Tomorrow morning at 9:00 a.m., a short ceremony will be held at the flagpole in front of City Hall.

Finally, the Mayor asked for a short Executive Session under Article X, Section 6, Subsection 2 of the Charter to discuss the purchase of property for a public purpose.

MOTION:

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that, at the request of the Mayor, an Executive Session be held immediately following the meeting to consider the purchase of property for a public purpose under Article X, Section 6, Subsection (2) of the Charter.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

LAW DIRECTOR'S REPORT:

Regarding the temporary sign ordinance, Mr. Bemer said that he had hoped and anticipated hearing from the representative of the Chamber of Commerce by today, but he has not yet had a response.

Mr. Bemer reported that he has been working on right-of-way management legislation, using a 24-page sample from Cleveland Heights which he pared to nine pages. He hopes to make further revisions to cut that in half before presentation to Council. There is some urgency, as applications are pending from one utility which wishes to place buildouts in the right-of-way.

The Law Director has also been working on a policy which meets the requests for public records disclosure that were created as a result of Senate Bill 6 and House Bill 9 which modified the open records legislation and provided for a mandatory retention policy within the City. He noted that in the Mayor's office, work has been ongoing for some time on a retention policy. Also needed, however, is a policy for meeting demands and mandates. By the end of the month, it is anticipated that the policy must be provided and advertised or displayed in a public place.

With the assistance of Finance Director Michael Thomas, a response is being made to the Tax Commissioner regarding the protocol in the Auditor's report on the $2.3 million transfer which remains to be moved from the Permanent Improvement Fund back to the General Fund. This response is being forwarded to the City's bond counsel, Calfee Hallter.

The train count for the month of July shows an average of 4.8 trains per day with a high of seven on four occasions and a low of two on other occasions. This is timely, as City Engineer Michael Mackay is working on the statistical analysis of meeting the National Risk Threshold in order to qualify for the Quiet Zone.

The Lakewood Dog Park litigation is in a briefing schedule. There is an issue concerning the impact of sovereign immunity which has been briefed by both Lakewood and Rocky River's Assistant Law Director, Michael O'Shea. At this point, those briefs have been with the judge for approximately a week.

On August 21, a response was received to the hearing on a carryout liquor application from the Shell Oil station on Hilliard and Wooster. That application was denied, and the applicant has 30 days or until September 22, to file an appeal.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

AUDIENCE PARTICIPATION: NONE

There were no requests from members of Council for changes to the Consent Agenda.

RESOLUTION NO. 10-07 BY FRANK B. GOLLINGER

AN EMERGENCY RESOLUTION IN SUPPORT OF FEDERAL FUNDING FOR A WEST SHORE CORRIDOR ALTERNATIVES ANALYSIS

3^RD READING

Moved by Mr. Gollinger, seconded by Mr. Hunt, that Resolution No. 10-07 be postponed indefinitely.

Discussion: Mr. Gollinger indicated that during the period during whicht a response to a letter sent by the Law Department was awaited, the organization backing this initiative received the funding which was necessary to complete the project, so there is no point in moving forward with this resolution.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 36-07 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AMENDING CHAPTER 1163 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER BY AMENDING SECTION 1163.10 ENTITLED "SIGNS PERMITTED IN RESIDENTIAL AND PUBLIC FACILITIES DISTRICTS" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

3^RD READING

Moved by Mr. Gollinger, seconded by Mr. Hunt and Mr. Long, that Amended Ordinance No. 36-07 be passed as read:

Discussion: As indicated last week, Mr. Gollinger indicated that this ordinance, which clarifies the usage of signs in a public facilities district, was submitted to the Planning Commission which unanimously approved it.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 37-07 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AMENDING CHAPTER 1163 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER BY AMENDING SECTION 1163.11 ENTITLED "ADVERTISING SIGNS" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

3^RD READING

Moved by Mr. Gollinger, seconded by Mr. Long, that Ordinance No. 37-07 be passed as read:

Discussion: Mr. Gollinger noted that this is a companion ordinance to the one preceding and brings Section 1163.11 into alignment with the revised Section 1163.10 which was passed in Amended Ordinance No. 36-07.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 91-07 BY BRIAN F. HAGAN

AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WITH COMMUNITY CHALLENGE TO PROVIDE CERTAIN SOCIAL SERVICES BENEFICIAL TO THE CITY FOR THE SUM OF $43,500.00 AND DECLARING AN EMERGENCY

1^ST READING

Mr. Hagan indicated that this ordinance will be discussed next week at the meeting of the Committee-of-the-Whole. If any Council members wish to invite Ms. Johnson to the next meeting for questions, they should contact Mr. Hagan by Thursday. Otherwise, the discussion will be next Monday with passage projected to the next Legislative Meeting.

ORDINANCE NO. 92-07 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE COMPUTER ACCESSORIES AND PERIPHERAL EQUIPMENT FOR USE IN VARIOUS CITY DEPARTMENTS, UNDER THE STATE COOPERATIVE PURCHASING ACT FROM CDW-GOVERNMENT, INC. AT A TOTAL COST NOT TO EXCEED $40,000.00

1^ST READING

Mr. Hurtuk indicated that this ordinance will be discussed at the next meeting of the Committee-of-the-Whole.

RESOLUTION NO. 93-07 BY THOMAS J. HUNT

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR OR HER DESIGNEE TO MAKE APPLICATION TO PARTICIPATE IN OHIO PUBLIC WORKS COMMISSION'S STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION PROGRAM(S) FOR THE VALLEY VIEW STORM AND SANITARY SEWER IMPROVEMENT PROJECT WHICH SEWER FLOWS INTO THE LAKEWOOD WASTEWATER TREATMENT PLANT AND TO EXECUTE CONTRACTS FOR RECEIPT OF FUNDS

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Gollinger and Mr. Long, that the rule requiring that Resolution No. 93-07 be read on three separate days be suspended, and that Resolution No. 93-07 be placed upon its passage.

Discussion: Mr. Hunt commented that Mayor Bobst referred to this legislation in her report, and it will authorize an application to help fund the Valley View Storm and Sanitary Sewer Improvement project, a part of the ongoing work needed for sewers and infrastructure. The application is due by September 28, so this should be passed quickly.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Resolution No. 93-07 be passed as read:

Discussion: Mr. Hunt said that this application seeks funds to help finance this sewer project. Any monies for which the City qualified under the DOPWIC program would be needed to complete the project.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO. 78-07 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A TWO (2) YEAR AGREEMENT FOR FULL SERVICE VENDING WITH METROPOLITAN VENDING COMPANY FOR THE ROCKY RIVER RECREATION DEPARTMENT AT VARIOUS LOCATIONS AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

Mrs. Bartolozzi pointed out that Recreation Director Patterson attended last week's meeting and explained how bids were compared and why the Recreation Department recommended the vendor selected. With the opening of the Don Umerley Civic Center, more vending machines will be needed, so passage is important now.

RESOLUTION NO. 82-07 BY JAMES W. MORAN

A RESOLUTION AUTHORIZING THE ROCKY RIVER CHIEF OF POLICE TO FILE AN APPLICATION FOR THE FY 2007-2008 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. Moran remarked that almost everyone is familiar with the D.A.R.E. program and Officer Phil. For the last 16 years, a portion of his salary has been funded through this program and this grant application will help obtain this year's additional funding.

ORDINANCE NO. 83-07 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MULTI-JURISDICTIONAL AGREEMENT WITH WEB COMMUNITIES AND THE CITY OF CLEVELAND FOR THE INTERCHANGE OF BOMB SQUAD AND/OR SWAT UNIT SERVICES

1^ST READING

Mr. Moran noted that the last couple of years and even tomorrow's memorial service show the need for communities to work together. This ordinance will give more opportunity for cooperation between communities with the sharing of SWAT services.

ORDINANCE NO. 84-07 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO PURCHASE AND INSTALL TWO (2) EBARA PUMPS FOR EMERGENCY REPAIRS TO THE FALMOUTH SANITARY SEWER PUMP STATION IN AN AMOUNT NOT TO EXCEED A TOTAL OF $17,270.00 AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Mr. Hunt recalled that this ordinance was discussed at last week's meeting. Two pumps, each costing $8635, are necessary for emergency repairs at the Falmouth Pump Station. This addresses an important part of the City's sewer program, and this repair needs to be done promptly.

ORDINANCE NO. 85-07 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH SPECIALIZED CONSTRUCTION INCORPORATED FOR THE 2007 CRACK & JOINT SEALING PROGRAM IN AN AMOUNT NOT TO EXCEED $57,375.00

1^ST READING

Mr. Hagan explained that this is an annual ordinance for a program which will begin immediately upon passage of the ordinance. Funds have already been appropriated.

ORDINANCE NO. 86-07 BY JAMES W. MORAN

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A 1^ST AMENDED AGREEMENT FOR THE CENTRAL FIRE DISPATCH CENTER THROUGH THE WESTSHORE COUNCIL OF GOVERNMENTS, AND DECLARING AN EMERGENCY

1^ST READING

Mr. Moran recalled past discussions which made known that North Ridgeville wished to join the Central Dispatch Center. Mayor Bobst noted that the capacity is present for North Ridgeville's participation, so there will be no additional cost for equipment. Currently it is also believed that there will be no need for additional employee coverage. Responding to Mr. Gollinger's question about North Olmsted, the Mayor confirmed that there is room for North Olmsted as to capability of equipment, but additional coverage may be required.

ORDINANCE NO. 87-07 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE SAFETY SERVICE DIRECTOR TO SELL USED CITY VEHICLES WHICH WERE PUBLICLY BID FOR A TOTAL SUM OF $24,787.05

1^ST READING

Mr. Hagan pointed out that vehicles have been sold, and buyers are waiting to pick them up when the ordinance is passed. There is no reason to delay.

RESOLUTION NO. 88-07 BY BRIAN A. HURTUK

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. Hurtuk explained that this is an annual resolution which collects needed assessments. The process began in 1999 and will expire in 2009.

RESOLUTION NO. 89-07 BY BRIAN A. HURTUK

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. Hurtuk noted that Mr. Thomas has created this resolution to give the City a better way to collect delinquent sanitary sewer accounts.

Moved by Mr. Hagan, seconded by Mr. Long, that the rule requiring that the 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: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Long, that the ordinances and resolutions of the Consent Agenda be passed as read:

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Hurtuk asked if the Mayor or the Finance Director had any updated information on the audit committee. Mr. Thomas responded that he is continuing to gather information. At this time, he has made contact with organizations which have existing audit committees in the area, Cleveland Metroparks and the City of Westlake. He has interviewed representatives of the finance departments as to the committees' function and he has obtained an existing policy. He has other interviews to make, and the process will continue to the point where an ordinance can be presented.

AUDIENCE PARTICIPATION:

Brian Ruic, 20358 Westover Ave., asked Council to consider a course of action regarding the three homes covered by Countrywide mortgages on Bonnie Bank, Wooster and Westover. Since he addressed Council on the subject some months ago, 20374 Westover, next to his home, has been visited by City employees who secured the back door. There have been no other visitors until last weekend when someone appeared and said he also intended to visit the other two properties. The house is still empty and needs a great deal of work, but Mr. Ruic said that the mortgage company refuses to let it go at a bargain price. He and two neighbors continue to maintain the landscaping. He said he just wished to call it to the attention of City officials.

Mayor Bobst told Mr. Ruic that the City has a program which will maintain the landscaping and assess the mortgage holder. The problem has not yet been recognized for this property because neighbors are maintaining the yard.

Mr. Hagan asked the Law Director about properties which are not yet to the point where action must be taken, but that are headed in that direction. He wondered if Countrywide can be contacted regarding these other two properties. Mr. Bemer said that Mr. Pat Nugent of the Building Department has been in touch with Countrywide on both houses on Bonnie Bank. He said the inspectors are sensitive to any vacant property which will be in foreclosure and is not being maintained. They are usually made aware of problems because of citizen complaints, but they also review the court docket to determine foreclosures and report the results on a monthly basis. As soon as they are notified, they arrange for property maintenance and pass the cost to the owner on the tax duplicate.

Mr. Hagan said that with properties that are in foreclosure, he would like to avoid having the bank delay action once foreclosure has been accomplished. Without the incentive of a potential sale, the bank can hold the asset. Mr. Bemer said that he would discuss the matter with Mr. Nugent to see if he has had contact concerning this property.

Mr. Ruic added that the next event to occur with this house would probably be that the garage will collapse on the abandoned car in the garage.

Fred I. Sokol, 20021 Parkview., commented on an airplane he saw at Westgate at about 5:30 p.m, which he said was unusually large, loud and slow and resembled an airbus. ATLAS was written on its side. Also, he noted that Cleveland was able, with Federal funds, to designate certain neighborhood flight paths and residents there qualified for new windows and air conditioning to allow them to keep their homes closed to the noise. He said he realized Rocky River would not necessarily continue to have heavier plane traffic overhead.

As there was no further business by members of Council, the meeting was adjourned at 8:58 p.m.

_____________________________ _______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council