CITY OF ROCKY RIVER

NOVEMBER 9, 2009

The Regular Meeting of Council was called to order by Mr. Moran, President of Council, at 8:05 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. Hunt, that the reading of the minutes of the Legislative Meeting of October 26 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 Mr. Shepherd, that the reading of the minutes of the meeting of the Committee-of-the-Whole and the Executive Session of November 2 be waived, and that the minutes be accepted as submitted with one change of date.

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 Mayor congratulated Dr. Jim Schieda, Councilman-elect. Noting that he has attended many meetings, but will soon have a different role, she wished him every success.

The 2010 budget binders were distributed this evening. The Mayor advised Council that her Executive Summary will be presented at the first meeting of the Finance Committee. Referring to the financial summary for October prepared by Finance Director Thomas, Mayor Bobst noted the following points:

• Under Income Tax, there has been a 10% decline from the 2008 actual revenues which translates to a 3% reduction of the 2009 budget. Figures continue to be monitored.



• Under Property Tax, the 2009 budget was set 3.6% below 2008 actual receipts. However, it appears that that figure will be exceeded.



• Under Estate Tax, the original figure was projected to be $1 million and it appears that figure will be exceeded as well as the 2008 figure.



• Sanitary Sewer Collections are up, but there are accounts receivable.



• The Recreation Center revenue projections appear to be up for the year's end.



• Payroll wage expenditures are only less than 1% over last year, which the Mayor said is remarkable and indicates a measure of the Administration's success in watching overtime expenditures and part-time hours.

She asked members of Council to review the budget in its entirety for the first look, and then each member will focus on a department in depth. If there are any questions, she urged Council not to hesitate to ask her or Director Thomas.

Thursday's meeting of the Historical Society will be a joint meeting of four societies: Fairview Park, Lakewood, West Park and Rocky River. The meeting will be hosted by Rocky River at the Senior Center and will hear a presentation on Rockport's interurban railways including information about the Cleveland and Southwestern Railways. Mayor Bobst added that it should be a very interesting meeting.

Regarding the sewer collection system and the Administration's work with the US EPA, another funding source has been identified through the U.S. Army Corps of Engineers for both design and construction funds. This program is administered through Congressman Kucinich's office. Today the Mayor has been working with his assistant, Marty Gelfand and Sophie Baj, a representative of the U.S. Army Corps of Engineers, to look specifically at the Westway and Hilliard Road Projects.

City Hall will be closed on Wednesday, November 11 in observance of Veterans Day. The Senior Center will present two free special programs to honor veterans who have served in the armed forces:

• Tuesday at l:00 p.m., Bob Brocklehurst, a fighter pilot during WWII will talk of his personal experiences during his 28 years in the military. He served in the Pentagon and was the Director of Plans & Programs for the Alaskan Air Command, retiring as a Lieutenant Colonel.



• Thursday at 10:30 a.m., Pat Stanzel will share reminiscences from her days as a "Rosie the Riveter". She actually used a pneumatic rivet gun to hammer together aluminum bomb bay doors for bombers and was featured recently in a Plain Dealer article.

The Mayor said that both of these programs will be extremely interesting and well-attended, and she said it was a good way to call attention to the contributions of the country's veterans.

LAW DIRECTOR'S REPORT:

A Norfolk Southern train count report has been received for September showing an average of 3.1 trans per day passed through the City. Mr. Bemer noted, however, that beginning with the second week, the average was between four and five per day.

The Records Commission will meet on Thursday, November 19. The Law Director was pleased to note that records information has been received from the Fire Division, and that the process is moving forward with most City Hall departments.

This Thursday there is a seminar on Public Records conducted by the Attorney General's office in conjunction with the Cuyahoga County Law Directors Association. Mr. Bemer plans to attend to continue to be well-informed on public records laws.

COMMITTEE REPORTS:

Finance Committee: Mr. Moran indicated that, having received the proposed budget, the Finance Committee will meet at least twice over the next six to eight weeks. He outlined Council responsibilities for discussion as follows:

Mr. Mylen Courts

Mr. Long Senior Center

Mr. Hunt Service Department

Mr. Furry Environmental and WWTP

Mr. Shepherd Safety

Mrs. Arabian Whitman Recreation

Mr. Moran Finance, Overview

Mr. Moran then distributed an outline of discussion points which Council members will want to cover in their review of departmental budgets, noting that in discussing the number of employees in each department, it would be helpful to know how many are full-time and how many part-time. He suggested that in the next couple of weeks, Council members have initial discussions with directors of departments for which they are responsible. Meetings will be scheduled soon, probably for the first or second week of December.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mrs. Arabian Whitman reported that she attended the State Cross Country Meet on Saturday and announced the following results:

• The Rocky River boys' team qualified for the state meet for the first time in the school's history, and placed 10^th overall.



• The Rocky River girls' team qualified also and placed 11^th in Division 2.



• The girls' team from Magnificat also qualified, repeating their winning performance, with a record low score of 28 points, the lowest score by any girls' team in the 32 years of the State Meet. They took first place by 109 points, a new record, and had three competitors in the top 10.

Mr. Moran indicated that he had received a Comprehensive Annual Financial Report (CAFR) for 2008 by mail this week. The auditors noted that the City is in compliance, and their only suggestion was a future ordinance prohibiting City employees from using air miles from their flights on City business. He thanked Finance Director Thomas and his staff for their work which makes the job of City Council easier.

Mr. Moran also congratulated Dr. Schieda on his election and commented that Council members are looking forward to working with him. He also congratulated other Council members who have won re-election.

AUDIENCE PARTICIPATION: NONE

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 on November 17. 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 is scheduled for a Public Hearing on December 7.

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 continue on hold pending further analysis of the rates by Director Patterson. An amended version will be presented for discussion.

RESOLUTION NO. 81-09 BY THOMAS J. HUNT

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR TO AMEND THE COOPERATION AGREEMENT ADOPTED BETWEEN THE IRISH BARBER, INC. AND THE CITY OF ROCKY RIVER UNDER RESOLUTION NO. 33-09

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Resolution No. 81-09 be read on three separate days be suspended, and that Resolution No. 81-09 be placed upon its passage:

Discussion: Mr. Hunt observed that this resolution was discussed at length last week and in prior summer meetings with regard to Mr. Gormley and his shop, the Irish Barber. Inasmuch as he is awaiting City approval of the amended agreement which will allow the TREX proposal to move forward, Mr. Hunt called for a vote.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Resolution No. 81-09 be passed as read:

Discussion: As the issue has been thoroughly discussed, this resolution would ordinarily have been placed on the Consent Agenda, however, two changes were made to the Amended Cooperation Agreement. He noted that in Section 2 a and b, the word "shall"was removed in favor of "may".

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

RESOLUTION NO. 82-09 BY THOMAS J. HUNT

AN EMERGENCY RESOLUTION TO PROVIDE AN AMENDED "NO OBJECTION" LETTER TO THE OHIO DIVISION OF LIQUOR CONTROL ON BEHALF OF THE IRISH BARBER, INC.'S APPLICATION FOR LIQUOR PERMIT

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Resolution No. 82-09 be read on three separate days be suspended, and that Resolution No. 82-09 be placed upon its passage:

Discussion: Mr. Hunt indicated that the reasons for the suspension of the three-read rule are the same as in Resolution No. 81-09, and moving forward would allow Mr. Gormley to implement his business plan.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Resolution No. 82-09 be passed as read:

Discussion: This is a companion piece to the resolution passed earlier. A notice has been received from the Department of Liquor Control that the Morley Playground is 185' from this establishment. Mr. Hunt acknowledged the proximity of the playground, but did not feel that it represents a danger to the children using it. He asked for further Council input.

• Mr. Shepherd pointed out that the park is separated from the establishment and he felt it would not present a problem.
• Mr. Moran commented that the terrain separates the playground from the businesses on Center Ridge, so he did not see any problems.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 84-09 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

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 84-09 be read on three separate days be suspended, and that Ordinance No. 84-09 be placed upon its passage:

Discussion: Mr. Hunt noted that despite the current warm weather, snow may fly soon and this ordinance should be passed so that the company which will handle the removal of snow from some residents' aprons will be in place and ready.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Ordinance No. 84-09 be passed as read:

Discussion: This ordinance would authorize the Mayor and Safety Service Director to engage River Snow Management, LLC. This company was the only bidder, and the cost will be $84 per apron for the season, compared to $80 last season. He turned to Mr. Linden for the number of participants.

• Mr. Linden responded that 37 people have enrolled so far for the program, and approximately 85-100 were in the program last year. This service is for people who qualify and have difficulty in removing apron snow after street plowing..

Mr. Hunt reviewed conditions, noting that participants must be at least 70 years of age or have a disability as well as a total household income of less than $40,000.

• Mr. Shepherd asked if the amount of snow affects the cost. Mr. Linden said that it does not, but that the cost is per apron for the season, regardless of snowfall.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 85-09 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE TO MAKE APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2010

1^ST READING

Mr. Moran commented that the Budget Books look great and Council is looking forward to reading and studying them. This is the first of three readings, and he is hopeful that it can be studied and passed before the end of the year. He thanked the Mayor and the Finance Director for their hard work which makes this possible.

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO. 79-09 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO DONATE TWO SCOREBOARDS TO THE ROCKY RIVER CITY SCHOOL DISTRICT FOR INSTALLATION IN THE GYMNASIUMS OF KENSINGTON INTERMEDIATE SCHOOL AND GOLDWOOD PRIMARY SCHOOL

1^ST READING

This ordinance will authorize the reuse of scoreboards being replaced. As discussed last week, donating them to the schools will be a good use for the scoreboards which are no longer being used here.

ORDINANCE NO. 80-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO RENEW THE HEALTH CONTRACT FOR THE YEAR 2010 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

As discussed at last week's meeting of the Committee-of-the-Whole, Mr. Hunt noted that the costs are exactly the same as last year for this very worthwhile program for health services needed by residents.

RESOLUTION NO. 83-09 BY THOMAS J. HUNT

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPORTATION COOPERATIVE PURCHASING PROGRAM FOR THE YEARS 2010 - 2011

1^ST READING

Mr. Hunt explained that this resolution also was discussed last week. Participation in this purchasing program will boost the City's buying power for vehicles, machinery and supplies.

Moved by Mr. Moran, seconded by Mr. Hunt and 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 ordinances and resolutions be placed upon their 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. Hunt, that Ordinances and Resolutions 79-09, 80-09 and 83-09 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 8:40 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council