CITY OF ROCKY RIVER

OCTOBER 26, 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. Mylen, Mr. Furry, Mrs. Arabian Whitman,

Mr. Long, Mr. Moran

Absent: Mr. Shepherd

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

Law Director: Mr. Bemer

Press: Ms. Toth

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 meeting of the Committee-of-the-Whole of October 12 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - abstain Long - abstain Moran - aye

4 ayes 0 nays 2 abstentions PASSED

Moved by Mr. Moran, seconded by Mr. Hunt, that the reading of the minutes of the Legislative Meeting of October 19 be waived, and that the minutes be accepted with one correction.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

MAYOR'S REPORT:

This week, most residents received letters with information about the Heritage Home Loan Program. Under this program, homes more than 50 years old are eligible for fixed interest financing for restoration projects. Details are available through the Building Department or the Cleveland Restoration Society which sponsors the program. The Mayor said she was pleased to be able to offer this alternative in the City and that it has allowed a considerable amount of restoration at low interest rates.

The City has applied for a FEMA grant under the fire safety and prevention portion of the Assistance to Fire Fighters program which would help finance computers for each of the Division's fire trucks and squad units. These are Toughbooks, a laptop computer that can withstand extreme circumstances and will interface with FireHouse software which is compatible with most software available at area hospitals and the central dispatch system. The Mayor thanked the Division, under the leadership of Chief Flynn, for preparing the application. The grant is $37,000 for hardware and software to support the Toughbooks with a local match of only 10% or $3700.

This evening, a public hearing was held for the Community Development Block Grant project and this year's application, a $100,000 grant for Old Detroit streetscaping. This is the first phase of a much larger project that includes all of Detroit Road. Mayor Bobst said that the City would like to unify that area which can be identified as the City's downtown, and thanked everyone for their efforts, noting that there is a resolution on this evening's agenda which moves the process forward and allows an application for the $100,000 grant. If this project is funded, the entire project will be returned to Council for final approval before construction begins.

A very successful wellness festival was held on Sunday.

The rezoning ordinance, 58-09 is also before Council. Draft minutes of the meeting of the Planning Commission have been circulated.

Halloween Skate will be Friday and features prizes and refreshments.

Saturday trick-or-treating will be from 6:00 to 8:00 p.m.

A request has been made to hold Ordinance No. 74-09, the amended Civic Center fees, for additional analysis by the Recreation Department.

The Mayor also thanked Councilwoman Arabian Whitman who, representing Council and the Administration, presented the City's proclamation to St. Demetrios Church on the occasion of its 50^th anniversary.

LAW DIRECTOR'S REPORT:

Mr. Bemer noted that the Administration has taken the charge to be transparent in the administration of government activities, particularly through the Ohio Public Records Act which mandates disclosure of public records which describe its functions. Some time ago, the City was named, with approximately 30 others, as a defendant in a case concerning a violation of the Public Records Act. Rocky River was found to have had one violation with statutory damages of $1000. During the briefing, Mr. Bemer had argued that the individual bringing the action was not doing it for a public purpose or to advance the cause of government scrutiny, but for financial gain. Last Monday, October 19, following a lengthy review of the litigation filed by this person, the District Court of Appeals ruled that this individual was utilizing the Public Records Act for his gain without benefit to the public and was ordered to pay $1000 to Cuyahoga County for reimbursement for attorney fees. Mr. Bemer reported that the judge who wrote the opinion referenced the summary judgment briefing written by Rocky River's Law Department to support the action and decision filed by the Court of Appeals.

A letter has been received from the attorney representing Sean Gormley, the Irish Barber. In June of this year through Resolution No. 43-09, Council authorized an agreement with the Irish Barber. Mr. Gormley has not, however, been able to secure a stand alone beer license in accordance with the cooperation agreement, but he has an option to purchase a beer and wine license. Through his attorney, he has confirmed that it is his intent to serve beer only by the glass and is now asking for an amendment to the resolution.

• Mr. Hunt, Chairman of the Contracts Committee which oversaw the original agreement, noted that discussions were held over a period of time to settle provisions of the agreement, placing limitations on this aspect of his business. In this new situation where beer and wine are both allowed under the permit, Mr. Hunt has reviewed the agreement and proposed an amendment to that agreement to reflect that this license is acceptable but beer only will be permitted.



• Mr. Furry voiced no objection as long as beer only is served at the barber shop.



• Mr. Long asked if state law through the permit would take precedence over the agreement with the City. Mr. Hunt and Mr. Bemer agreed that the terms of the agreement would take precedence over the permit. Mr. Bemer added that the agreement is between Mr. Gormley and the City and the State would not step in for enforcement purposes.



• Mr. Mylen asked what would happen if Mr. Gormley sells his business. Mr. Moran said that Mr. Gormley was definite in his plans to remain in this location. It was pointed out that Section 3 and Section 4 of the agreement would provide that the agreement is not transferable and provides that the license be forfeited if the primary use of the business as a barber shop is changed.



• There were no objections from members of Council, so Mr. Bemer indicated that he will prepare amendments to the resolution and the agreement.

COMMITTEE REPORTS:

Mrs. Arabian Whitman reported on the Healthy Rocky River event held this weekend, indicating that the Wellness Festival held from 2 to 5 p.m. at the Don Umerley Civic Center gymnasium was attended by more than 200 people who took the opportunity for health screenings and community information. She commented that the 20 vendors, ranging from ballroom dancing, to banks, to other area businesses were pleased with the event, and asked to return next year. She thanked her committee and particularly the major sponsors, Cleveland Clinic, Fairview Hospital, Lakewood Hospital, Westlake Family Health Center, Healthy Ohio Cities and Medical Mutual, and the Recreation Department staff who helped with screenings and the zumba demonstrations. She said that in January, everyone is looking forward to the ten-week health and wellness challenge. She thanked all those who attended and especially the volunteers.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Furry announced that Rocky River Youth Football is sponsoring the first annual Turkey Bowl next Monday, from 6 to 8 p.m. at the high school stadium. He noted that there will be no actual turkeys, but a good time. Admission is $2 for adults and $1 for students with proceeds going to youth football.

AUDIENCE PARTICIPATION:

Karl Bergquist, 2890 Wagar Road, reminded all that the launch of the Ares I-X test rocket is scheduled for at 8:00 a.m. at Cape Canaveral Florida, weather permitting. Cleveland's NASA did a significant amount of work on the project as well as many Rocky River residents.

Commenting on Ordinance No. 58-09, the rezoning of the property on Plymouth Road, Mr. Bergquist stated that, based upon material presented at the Planning Commission last week, he has no problem with the project. He reminded Council, however, that their vote is not on the doctor's project, but on the zoning change and said that it is Council's responsibility to determine if that area is appropriate for a General Business zoning. In his opinion, no one will find this property acceptable for single family homes, but believes there are still single family homes on the street and said that Council may have to deal with those properties in the future. He noted that his main concern is the accumulation of water on Plymouth which has been a problem in the past, but is now improved.

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

Mr. Long indicated that this ordinance is still in the hands of the Planning Commission which will continue its review at the next meeting. It remains on hold at the present time.

ORDINANCE NO. 58-09 BY THOMAS T. LONG

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 303-23-037 FROM ITS PRESENT CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL (R-1, F-1) TO GENERAL BUSINESS (GB), IN ITS ENTIRETY, AS FURTHER DESCRIBED IN EXHIBIT "A"

Mr. Long explained that this ordinance, which has been returned from the Planning Commission, requires a public hearing, which he scheduled for December 7 prior to the meeting of the Committee-of-the-Whole. Approved minutes of the meeting of the Planning Commission will be available at that time.

ORDINANCE NO. 74-09 BY ANJANETTE ARABIAN WHITMAN

AN EMERGENCY ORDINANCE AMENDING SECTION 954.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING CIVIC CENTER RECREATION FEES, AS FURTHER DESCRIBED IN EXHIBIT "A"

Mrs. Arabian Whitman indicated that this ordinance will be on hold pending further analysis of the rates by Director Patterson.

RESOLUTION NO. 76-09 BY JAMES W. MORAN

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR OR HER DESIGNEE TO MAKE APPLICATION TO THE CUYAHOGA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE DETROIT ROAD STREETSCAPE PROJECT

1^ST READING

Moved by Mr. Moran, seconded by Mr. Long, that the rule requiring that Resolution No. 76-09 be read on three separate days be suspended, and that Resolution No. 76-09 be placed upon its passage:

Discussion: Mr. Moran noted that a public hearing was held this evening and referred interested attendees to the board illustrating the proposed streetscape project. At the public hearing, information was presented concerning the program and the project. Because the application is due November 6, the resolution must move forward.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Mylen and Mr. Furry, that Resolution No. 76-09 be passed as read:

Discussion: As discussed earlier, Mr. Moran expressed appreciation for the work of the Mayor and Director Koran to enable the City to apply for the $100,000 grant for the streetscape program on Old Detroit. Final approval for expenditures to complete the project will be up to Council. This resolution approves the application for the grant.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

RESOLUTION NO. 65-09 BY JAMES W. MORAN

AN EMERGENCY RESOLUTION ACCEPTING AMOUNTS AND RATES DETERMINED BY THE CUYAHOGA COUNTY BUDGET COMMISSION AND CERTIFYING THEM TO THE CUYAHOGA COUNTY AUDITOR

2^ND READING

This resolution has been discussed numerous times during previous Council meetings. It accepts the amounts and rates determined by the Budget Commission and certifies them to the County Auditor for next year's taxes.

ORDINANCE NO. 67-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FOR THE YEAR 2010 SODIUM HYPOCHLORITE FOR THE WASTEWATER TREATMENT PLANT FROM BONDED CHEMICALS, INC. AT $.588 PER GALLON

2^ND READING

Mr. Furry explained that this chemical is needed by the Wastewater Treatment Plant. Last year's price was $.93/gallon and it is now $.588.

ORDINANCE NO. 68-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE FOR THE YEAR 2010 TO PURCHASE SODIUM BISULFITE FOR THE WASTEWATER TREATMENT PLANT FROM PVS CHEMICAL SOLUTIONS, INC. AT $1.04 PER GALLON

2^ND READING

Mr. Furry noted that this is a dechlorination requirement imposed by the EPA. Last year it cost $1.93/gallon, and now $1.04. The five-year average is $1.05.

ORDINANCE NO. 69-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FOR THE YEAR 2010 FERRIC CHLORIDE FOR THE WASTEWATER TREATMENT PLANT FROM KEMIRA WATER SOLUTIONS, INC. AT $292.00 PER DRY TON

2^ND READING

This promotes the settling of sludge and the reduction of phosphorus. Last year's price was $302/dry ton and the five-year average was $286. For 2010, $292.

ORDINANCE NO. 70-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE YEAR 2010 FOR THE REMOVAL OF DIGESTED SLUDGE CAKE FROM THE WASTEWATER TREATMENT PLANT FROM YAWORSKY FARMS AT A COST OF $14.98 PER TON

2^ND READING

Mr. Furry observed that removal to the farm is the most economical method of sludge disposal.

This rate is an increase of $1 over last year's rate.

ORDINANCE NO. 71-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE YEAR 2010 FOR THE REMOVAL OF DIGESTED SLUDGE CAKE TO A LANDFILL FOR THE WASTEWATER TREATMENT PLANT FROM CENTRAL WASTE, INC. AT A COST OF $30.86 PER TON

2^ND READING

Mr. Furry indicated that this contract needs to be in place in the event that digested sludge cake cannot be taken to Yaworsky farms. At $30.86 per ton, it is $16 less than last year's contract. It is not expected that this contract will be used.

ORDINANCE NO. 72-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE YEAR 2010 FOR THE REMOVAL OF RAW SEWAGE SLUDGE FROM THE WASTEWATER TREATMENT PLANT FROM CENTRAL WASTE, INC. AT A COST OF $30.86 PER TON

2^ND READING

This service is used only in an emergency such as equipment failure. When ordinary methods are inadequate, an emergency contract is needed.

ORDINANCE NO. 73-09 BY ANJANETTE ARABIAN WHITMAN

AN EMERGENCY ORDINANCE AMENDING SECTION 953.02 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "FEES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

Councilwoman Arabian Whitman explained that the fees referenced in the title refer to the ice rink. Mr. Patterson came to the meeting of the Committee-of-the-Whole and explained details of the changes.

ORDINANCE NO. 75-09 BY JOHN B. SHEPHERD

AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE MEALS FOR THE ROCKY RIVER JAIL FACILITY AT A COST OF $22.50 PER DAY PER PRISONER ($7.50 PER MEAL) WITH A $1.00 DELIVERY CHARGE WHEN LESS THAN FOUR (4) MEALS ARE ORDERED FROM MICHAEL'S FAMILY RESTAURANT, ROCKY RIVER, OHIO

2^ND READING

Mr. Moran commented that Michael's has provided jail meals for many year. Michael's was last year's provider at the same cost, so this is a continuation of last year's contract with no price increase.

ORDINANCE NO. 77-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE TIRES ON THE OPEN MARKET AT THE BEST PRICES POSSIBLE FOR THE PERIOD JANUARY 1, 2010 TO DECEMBER 31, 2010

1^ST READING

Mr. Hunt recalled that this ordinance was discussed at last week's meeting. Director Linden explained at that time that open market prices are lower than the state coop prices for the purchase of tires. He observed that this ordinance needs to be in place before the start of the year for the City's fleet of vehicles.

ORDINANCE NO. 78-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE GASOLINE, FUEL OIL AND ALLIED PRODUCTS ON THE OPEN MARKET AT THE BEST PRICES POSSIBLE FOR THE PERIOD JANUARY 1, 2010 TO DECEMBER 31,2010

1^ST READING

Mr. Hunt commented that this companion ordinance to Ordinance no. 77-09 authorizes the purchase of gas and oil for city vehicles at market prices which are consistently lower than the state prices.

Moved by Mr. Moran, seconded by Mr. Furry, 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: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Long, that ordinances and resolutions 65-09, 67-09, 68-09, 69-09, 70-09, 71-09, 72-09, 73-09, 75-09, 77-09 and 78-09 of the Consent Agenda be passed as read:

Discussion: For the reasons discussed during past Council meetings, Mr. Moran recommended moving forwards with this legislation.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Moran announced that this Thursday the League of Women Voters will sponsor a forum at the Don Umerley Civic Center at 7:00 p.m. This will allow voters to hear candidates for City and school board positions.

A request for transfer of corporate stock ownership has been received from the Ohio Department of Liquor Control for Martin's Corner Delicatessen. There were no objections to this transfer and no hearing will be requested.

Mayor Bobst introduced former Council member Bob D'Alessandro. Mr. D'Alessandro was a member for 15 years. She also introduced Dr. Gary Previts, a member of the City's Tax Review Board.

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