CITY OF ROCKY RIVER

OCTOBER 27, 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

Press: Ms. Pritchard

The meeting was opened with the Pledge of Allegiance. Mr. Moran then welcomed several students from Mr. Shuler's class at the high school.

MOTION:

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the Legislative Meeting of October 13 and the meeting of the Committee-of-the-Whole of October 20 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

*Abstained as to vote of minutes of October 13.

Moved by Mr. Moran, seconded by Mr. Long, that the reading of the minutes of the meeting of the Finance Committee of October 20 be waived, and that the minutes be accepted as submitted.

Vote: Moran - aye Furry - aye Long - aye Mylen - aye

4ayes 0 nays PASSED

MAYOR'S REPORT:

Halloween will be celebrated in the City on Friday, October 31 from 6 p.m. until 8:00 p.m. That evening, there will also be a costume skate at the ice rink from 7:30 to 9:30 p.m.

The Mayor was pleased to report that there are four leaf trucks currently making passes through the City to collect piles of residents' leaves. Two salt spreaders are ready and the blades and plows have been prepared to be attached to trucks.

Zog Dog, the City's newest restaurant, opened last week on Center Ridge at River Oaks.

The Senior Center will host training for senior transportation drivers, mainly for those who drive in the West Shore suburbs. The training will cover a number of topics such as mobility issues, safety issues, understanding impairments, and using adaptive equipment. This training is provided free of charge to Rocky River's drivers, and a certificate will be awarded at the end of successful completion of the course.

The Senior Center has also been notified that the estate of Ruth Jones has donated $10,000 to the Rocky River Seniors Council to be used for any senior citizen in need of funds as determined by the Seniors Council together with the director and social worker.

The Mayor also thanked Home Depot which has been active and given long-standing support for the City's smoke detector program. They have once more donated several detectors and a supply of batteries, which are used primarily for residents in need. These are new dual-sensing detectors, and the Mayor expressed her appreciation that the store has worked closely with Rob Crowe, the City's Fire Prevention Officer.

Next Tuesday is Election Day, and the Mayor provided Council with a list of precincts in the City. She noted that over the years, the number of polling sites has decreased and locations have changed. She commented that ward councilmen, particularly, may be interested in where polls are located in their wards.

LAW DIRECTOR'S REPORT:

Mr. Bemer recently received from the Mayor a sample resolution concerning a newly federally-implemented regulation concerning prevention of identity theft. He has not yet had an opportunity to provide an in-depth summary, but he said that Council members can look for it in next week's packets.

The train counts have been received for September, and the number is significantly lower than for August. In September, there was an average of 3.1 trains per day with a high of five on September 17 and 21. This is approximately 2.5 trains fewer than the high in August.

On Wednesday morning, the City will argue before the District Court of Appeals litigation involving the Lakewood Dog Park. Assistant Law Director O'Shea was primary on the brief and he will be primary again on Wednesday morning.

COMMITTEE REPORTS:

Community Asset Building Coalition: Mrs. Arabian Whitman reported that the organization is assembling a group called "Helping Children Adjust to Divorce". This has been discussed for some time, but it is now scheduled to begin November 6, and will be aimed at 7^th and 8^th graders. The group will meet at the Rocky River United Methodist Church on Detroit. The Coalition hopes that this group will provide a safe and comfortable atmosphere for discussion of issues and problems.

Finance Committee: Mr. Moran noted that following last week's meeting, he spoke to the Mayor who will have an update on the budget on November 24. He is calling a meeting for Tuesday, December 2 from 8:30 a.m. to 12:30 p.m. if Council members are available. Roles and responsibilities for Council members will be discussed following the Mayor's update. Mr. Moran asked members who are unable to attend this meeting to contact him as soon as possible.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran commented on legislation recently passed by the City of Bedford Heights to establish a "Silver Alert" program which would help locate missing senior citizens. He said that Rocky River has a good number of seniors and that he would favor further discussion of the issue.

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 the lack of substantial new information from AT&T, this ordinance will continue on hold.

ORDINANCE NO. 103-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE DIRECTING THE MAYOR TO EXECUTE AN EXCLUSIVE AND A NON-EXCLUSIVE 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 EXHIBITS "A-1" AND "A-2"

Mr. Hunt noted that this ordinance, too, awaits further information from AT&T which is requesting an easement. He indicated that, together with Ordinance No. 94-08, it will be held for further information and discussion.

ORDINANCE NO. 118-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH RIVER SNOW MANAGEMENT, LLC, FOR SNOW REMOVAL FROM RESIDENTIAL APRONS

1^ST READING

Mr. Hunt noted that this program has been provided in the past to residents who are unable to shovel their driveway aprons during the winter months. Further discussion will be held at next week's meeting of the Committee-of-the-Whole. Mr. Linden will provide a count of the number of recipients of this service at the next meeting.

Mr. Mylen asked if there is both an age and income requirement. Mr. Hunt said that eligible residents are over 70 and have a total household income of less than $40,000.

ORDINANCE NO. 119-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO RENEW THE HEALTH CONTRACT FOR THE YEAR 2009 WITH THE GENERAL HEALTH DISTRICT OF CUYAHOGA COUNTY, OHIO FOR SERVICES TO THE CITY OF ROCKY RIVER, IN THE AMOUNT OF $3.70 PER CAPITA, NOT TO EXCEED $76,720.00 ATTACHED HERETO AS EXHIBIT "A"

1^ST READING

Mr. Hunt explained that this ordinance is passed annually and requests public health care from the County for residents of the City. It will be discussed further at the next meeting.

ORDINANCE NO. 120-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH URS CORPORATION FOR SERVICES REGARDING SEWER COLLECTION SYSTEMS REGULATORY ASSISTANCE AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A" AT A COST NOT TO EXCEED $13,085.00

1^ST READING

Mr. Furry observed that Exhibit "A" was distributed this evening by the Safety-Service Director. Mr. Furry commented that having a licensed operator in place. Further discussion will be next week at the meeting of the Committee-of-the-Whole.

ORDINANCE NO. 121-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF SAFETY SERVICES TO ENTER INTO AN AGREEMENT WITH HzW ENVIRONMENTAL CONSULTANTS, LLC FOR SERVICES TO ADDRESS INFORMATION REQUIRED BY THE BUREAU OF UNDERGROUND STORAGE TANK REGULATIONS AT A COST NOT TO EXCEED $17,585.00

1^ST READING

Mr. Hunt explained that this ordinance is concerned with the continuing testing of soil at the Service Garage. It will be discussed at next week's meeting.

ORDINANCES AND RESOLUTIONS UNDER CONSENT

ORDINANCE NO. 99-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE DOCUMENT MANAGEMENT SYSTEM UPGRADE FOR THE ROCKY RIVER MUNICIPAL COURT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM VISTA SOLUTIONS GROUP AT A TOTAL COST NOT TO EXCEED $84,350.00

3^RD READING

Mr. Mylen commented that this ordinance has been thoroughly discussed. This software will add efficiency to the system and should be installed as quickly as possible.

ORDINANCE NO. 100-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH LIFE FORCE MANAGEMENT, INC. FOR SERVICE AND SUPPORT REGARDING CHARGES FOR MEDICAL SERVICES PROVIDED BY THE ROCKY RIVER FIRE DIVISION AND FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

3^RD READING

Mr. Hunt explained that this ordinance will authorize billing for ambulance services provided by the City. Director Linden has explained that the revenue raised, almost $330,000, will greatly help the City's financing of this service.

ORDINANCE NO. 101-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A COLLECTION SERVICE AGREEMENT WITH J P RECOVERY SERVICES, INC. REGARDING REVENUE COLLECTION ASSISTANCE FOR THE CITY OF ROCKY RIVER

3^RD READING

This is a companion piece to the ordinance above. This service will collect outstanding medical bills and other delinquencies.

ORDINANCE NO. 104-08 BY THOMAS J. HUNT

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 $15,802.79

2^ND READING

This ordinance will offset some expenditures for City vehicles. Selling these ten which are no longer needed for City use will provide funds for reinvesting in the fleet.

ORDINANCE NO. 105-08 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE RATIFYING A PROJECT GRANT/LOAN AGREEMENT AND PROMISSORY NOTE WITH THE OHIO PUBLIC WORKS COMMISSION FOR THE FINANCING OF THE WWTP CAPITAL IMPROVEMENTS PROJECTS 2008-2009 GRANT/LOAN IN AN AMOUNT NOT TO EXCEED $2,570.693

1^ST READING

Mr. Moran noted that Mr. Harrington, Superintendent of the WWTP , explained last week that OPWC's grant will be used first, then the zero interest loan. Approval of this ordinance means that the project can move forward.

ORDINANCE NO. 106-08 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING THE PAYMENT OF THE CITY OF ROCKY RIVER'S USE SHARE FOR AN OHIO PUBLIC WORKS COMMISSION LOAN FOR THE PROJECT KNOWN AS WWTP CAPITAL IMPROVEMENTS PROJECTS 2008-2009 FOR OPWC PROJECT CONTROL NO. CA11K

1^ST READING

Mr. Moran said that this is a companion to Ordinance No. 105-08 and will authorize Rocky River's share of 29% of the loan to be repaid. Fairview Park, Westlake and Bay Village will also be responsible for repayment of their shares.

ORDINANCE NO. 107-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH ABC PIPING COMPANY FOR THE CHEMICAL STORAGE BUILDING HVAC IMPROVEMENTS PROJECT AT THE WASTEWATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED $81,900.00

1^ST READING

Mr. Furry noted that this was discussed last week. ABC Piping was the lowest and best bidder to correct flaws in the original design. This upgrade will use stainless steel materials and PVC air ducts for longer life.

ORDINANCE NO. 108-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO RENEW AN AGREEMENT FOR VARIOUS INSURANCE COVERAGES FOR THE CITY OF ROCKY RIVER WITH McGOWAN AND COMPANY, INC. FOR THE YEAR 2009 AT A TOTAL COST OF $149,982.00

1^ST READING

Mr. Hunt recalled that last week's discussion brought out that this ordinance will authorize exercising an option to renew the City's insurance at the same rate, provisions and with the same provider as last year.

ORDINANCE NO. 109-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO RENEW AN AGREEMENT FOR VARIOUS INSURANCE COVERAGES FOR THE ROCKY RIVER MUNICIPAL COURT WITH JACKSON DIEKEN & ASSOCIATES FOR THE YEAR 2009 AT A TOTAL COST OF $9,979

1^ST READING

Mr. Hunt commented that this ordinance is also for the renewal of this second of three years of insurance for the Municipal Court. There were no new bids for this year and, like Ordinance No. 108-08 and 110-08, will be renewed at the same price, with the same coverage as last year.

ORDINANCE NO. 110-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO RENEW AN AGREEMENT FOR VARIOUS INSURANCE COVERAGES FOR THE ROCKY RIVER WASTEWATER TREATMENT PLANT WITH McGOWAN AND COMPANY, INC. FOR THE YEAR 2009 AT A TOTAL COST OF $49,972.00

1^ST READING

Mr. Hunt said that for this last of the insurance renewals, the coverage will be for the WWTP. The renewal option will be exercised as the two ordinances above.

ORDINANCE NO. 111-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FOR THE YEAR 2009 SODIUM HYPOCHLORITE FOR THE WASTEWATER TREATMENT PLANT FROM JCI JONES CHEMICALS, INC. AT $.93 PER GALLON

1^ST READING

Mr. Furry explained that the chemical here is liquid bleach, used in conformance with an EPA mandate during the summer months to disinfect and deodorize liquids at the WWTP. There is a significant price increase this year.

ORDINANCE NO. 112-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE FOR THE YEAR 2009 TO PURCHASE SODIUM BISULFITE FOR THE WASTEWATER TREATMENT PLANT FROM JCI JONES CHEMICALS, INC. AT $1.93 PER GALLON

1^ST READING

Mr. Furry indicated that this chemical is added to dechlorinate. There is a significant price increase in this chemical also. Approximately 275,000 gallons a year are used.

ORDINANCE NO. 113-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FOR THE YEAR 2009 FERRIC CHLORIDE FOR THE WASTEWATER TREATMENT PLANT FROM KEMIRA WATER SOLUTIONS, INC. AT $302.00 PER DRY TON

1^ST READING

This is also an EPA requirement and promotes the settling of sludge. The price has decreased by $6/ton. Approximately 450 dry tons are used annually.

ORDINANCE NO. 114-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE YEAR 2009 FOR THE REMOVAL OF DIGESTED SLUDGE CAKE FROM THE WASTEWATER TREATMENT PLANT FROM YAWORSKY FARMS AT A COST OF $13.98 PER TON

1^ST READING

Mr. Furry explained that this is the preferred method of removing digested sludge cake from the plant. It is removed to a farm in Sandusky.

ORDINANCE NO. 115-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE YEAR 2009 FOR THE REMOVAL OF DIGESTED SLUDGE CAKE TO A LANDFILL FOR THE WASTEWATER TREATMENT PLANT FROM J & J REFUSE, INC. AT A COST OF $46.06 PER TON

1^ST READING

Per the EPA, if it cannot be disposed of to Yaworsky farms, an alternative method is necessary. This is far more costly, so the plant does not expect to use this supplier, but it must be in place.

ORDINANCE NO. 116-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE YEAR 2009 FOR THE REMOVAL OF RAW SEWAGE SLUDGE FROM THE WASTEWATER TREATMENT PLANT FROM AGRI-SLUDGE, INC. AT A COST OF $52.25 PER TON

1^ST READING

This is a contract to be used in an emergency like equipment failure to remove raw sewage sludge. The plant hopes not to use this contract.

ORDINANCE NO. 117-08 BY JOHN B. SHEPHERD

AN EMERGENCY 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

1^ST READING

Mr. Shepherd indicated that there was only one bidder, a Rocky River company which bid the same price as last year.

Moved by Mr. Moran, seconded by Mr. Mylen, that the rule requiring that ordinances 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. Long and Mr. Shepherd, that the ordinances 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:

Mr. Shepherd noted that another letter requesting a the transfer of a liquor license into the City has been received by Council members. He noted that this was the second request and asked when this topic would be discussed.

Mayor Bobst responded that Mr. Gormley, the originator of the first request, visited City Hall today, and she shared with him the information given to Council last week regarding the process for initiating the TREX and having Council review the process of the transfer of a liquor permit into a saturated community. Law Director Bemer will speak to the attorney of the second requester and outline all the financial considerations of the TREX process. The City will communicate with them and when their communications are received, it will be placed on Council's agenda for discussion under Miscellaneous Business.

The Law Director added that their economic development plan must be articulated as to how a permit will augment their business and add to the economy through additional jobs, payroll, taxes, etc.

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:45 p.m.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council