CITY OF ROCKY RIVER

NOVEMBER 2, 2009

The Committee-of-the-Whole was called to order by Mr. Moran, President of Council, at 8:03 p.m.

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Mylen, Mr. Furry,

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

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

Press: Ms. Toth

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

Regarding the pending order of the EPA mentioned in past weeks, the Mayor updated Council on progress by indicating that requested documents, duplicates of those submitted to the Ohio EPA, have been forwarded to the US EPA.

• •The City is now working to finalize the CMOM (Capacity, Management, Operation, and Maintenance) documents. While an earlier CMOM is in place, updates are necessary to add information to the CMOM submitted for the Elmwood Project, processed through the EPA funding process. With additional sections, the new document should be prepared by mid-January.



• •Thanks to Safety-Service Director Linden and City Engineer Michael Mackay who have been meeting with consultants from URS, a plan is also under way to update the SSES (Sanitary Sewer Evaluation Study). The current study is from 1998 and requires additional material from last summer's I & I (Inflow & Infiltration) and hydraulic modeling studies. The next discussion with the US EPA will be in early February and these documents, as well as information on the structure and governance of the Management Committee of the WWTP will be forwarded by mid-January.



• •The Mayor suggested a meeting of the Environmental Committee so that Council members will be aware of the presentations being made as the City moves forward with the US EPA.

The pier at Bradstreet's Landing is closed for the season.

A dependent audit of full-time employees has been conducted prior to benefits renewal. When that renewal is presented to Council, the results from the audit will also be available.

Tomorrow is Election Day, and the Mayor urged all to exercise the right to vote. Polls will open at 6:30 a.m. and close at 7:30 p.m.

The tree lawn program, guided by Mary Kay Costello, is going well. The streets which have received letters this year are Cornwall, East and West Asplin, Prospect, W. Wagar Circle, Goldengate and Marian Lane. Depending upon the response, other streets may be included. The Mayor thanked all residents who have supported the project by making donations to the City so that additional trees can be planted.

D.A.R.E. graduation at Ruffing Montessori will be Friday.

On Friday and Saturday, the Senior Center Quilt Show and Holiday Craft Show will be held from 9:00 a.m. until 4:00 p.m. The Mayor noted that every year all of the quilts are different and are not repeated from year to year.

The Mayor congratulated Yvette Ittu, a member of the City's Audit Committee and the CFO of the Greater Cleveland Partnership. Ms. Ittu was recognized and received a CFO of the Year award from Crain's Cleveland Business. The Mayor noted that Ms. Ittu is chairman of the Audit Committee of the Cleveland Public Schools.

Finally, Mayor Bobst requested an Executive Session under Article X, Section 6, Subsection (3) of the Charter of the City of Rocky River to discuss a pending legal matter.

MOTION:

Moved by Mr. Moran, seconded by Mr. Furry, that, at the request of the Mayor, an Executive Session be held immediately following the meeting of the Committee-of-the-Whole to discuss a matter of pending court action under Article X, Section 6, Subsection (3) of the Charter.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

UNFINISHED BUSINESS:

Ordinance No. 48-09: Mr. Long indicated that this ordinance, which authorizes the adoption of an updated development code, is currently under review by the Planning Commission. It is expected to be returned to Council following their November meeting.

Ordinance No. 58-09: Mr. Long reported that a Public Hearing for this change of zoning on Plymouth Road will be held on December 7.

Ordinance No. 74-09: Mrs. Arabian Whitman indicated that this ordinance, which implements new fees for use of the Civic Center fitness facilities, will remain on hold pending further review.

MISCELLANEOUS BUSINESS: NONE

COMMITTEE REPORTS:

Finance Committee: Mr. Moran commented that next week there will be announcements about the scheduling of budget meetings. He explained that the basic process will be similar to that in the past with Council discussing the budget with Directors and reviewing facts and figures with the administrative staff.

• •The Mayor added that the appropriations ordinance will be in Friday's packets and the budget books will be distributed at next Monday's meeting.

NEW BUSINESS:

Ordinance No. 79-09: Mr. Mylen recalled that in a recent soft drink ordinance, it was noted that the two scoreboards in use by the Recreation Department would be replaced. It has been determined that donating them to the schools would be their best use, so upon passage, the scoreboards will be installed at Kensington and Goldwood schools. (Consent Agenda)

Ordinance No. 80-09: Mr. Hunt indicated that this ordinance authorizes the continuation of an annual contract with the General Health District of Cuyahoga County to provide needed health services for residents that would be more expensive if the City were to try to provide them. There is no increase in cost for these services from last year's contract. (Consent Agenda)

Resolution No. 81-09 and Resolution No. 82-09: Mr. Hunt explained that these two resolutions which both concern the Irish Barber, Sean Gormley, were discussed at last week's meeting. Mr. Gormley has been unable to secure a license for beer only (D1) as authorized by Council in the cooperation agreement passed last June. A beer/wine license (D2, D2X) has become available, however, and Mr. Gormley has requested a change in the cooperation agreement to allow him to use the beer portion of this license for his establishment. Resolution No. 81-09 would amend the cooperation agreement with all the conditions for beer only. Resolution No. 82-09 would authorize an amended "no objection" letter to the Ohio Division of Liquor Control based upon the amended agreement.

• •Mr. Furry asked why a resolution is required for the "no objection" letter, and Mr. Hunt said that it is because this license is based upon a TREX.
• •Mr. Moran noted that all licenses are reviewed annually and if a problem should arise, it can be addressed at that time.

Resolution No. 83-09: This ordinance is a housekeeping resolution authorizing continued participation in the ODOT Cooperative Purchasing Program. This program will save money on equipment needed by the City. Asked if there is a fee to participate, Mr. Linden said that there is not, and it saves money. (Consent Agenda)

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran noted that leaf collection is in full swing, and asked about collection schedules. Mr. Linden responded that the schedule is the same as for refuse collection. At present, that schedule is being maintained, but should rain intervene, it could fall behind. Still, most residents can expect leaf collection the same day as trash pickup.

Mr. Moran also raised safety issues, reminding residents to keep back and not tailgate leaf trucks because there are often service personnel riding the back of the truck. Mr. Furry also reminded everyone that leaves should not be swept into the street, both for safety and the environment.

• •The Mayor strongly agreed and added that this is an annual announcement, asking residents to place leaves on the tree lawn where they can be safely picked up. She noted that leaf piles in the street are attractive to children and would make it very dangerous to them. Additionally, cars parked over piles of leaves present a fire hazard.

As there was no further business by members of Council, Mr. Moran announced that Council would move into Executive Session under Article X, Section 6, Subsection (3).

No further business was discussed, and the meeting was adjourned following the Executive Session at 8:55 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council