CITY OF ROCKY RIVER
NOVEMBER 10, 2008
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. 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. Kosco
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 Legislative Meeting of October 27 be waived, and that the minutes be accepted as submitted.
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 the reading of the minutes of the meeting of the Committee-of-the-Whole of November 3 be waived, and that the minutes be accepted as submitted.
Vote: Hunt - aye Mylen - abstain Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
5 ayes 0 nays 1 abstention PASSED
MAYOR'S REPORT:
The Mayor welcomed students attending the meeting from Ms. Morrow's fifth grade class at St. Christopher School.
As promised, the 2009 Budget draft has been presented. The Mayor asked Council members to review it and noted that her office will be happy to answer any questions prior to the meeting of the Finance Committee. In addition, as requested by Council President and Finance Committee Chairman Moran, she will present a summary on November 24 together with a review of capital projects. The legislation, Ordinance No. 127-08, has also been presented, and the Mayor requested that the 72-hour rule of notification be waived so that it can be formally placed on Council's agenda and have a first reading this evening. She thanked Director Thomas and his staff for all the work necessary to present the budget this evening.
Over the weekend, great numbers of leaves fell. The City has four trucks in service and is working every day to pick them up. The Mayor requested, for safety reasons, that residents do not place leaves in the street, but rather on the tree lawn. Piles of leaves are attractive to children who should not be in the street. Further, cars may park on them in the street which creates a fire hazard. For these safety reasons, residents are asked to pile their leaves on the tree lawns, and the City will collect them as quickly as possible.
Refuse collection will be delayed one day starting tomorrow as the City observes Veterans Day. The schedule will be normal next week as there will be collection on Saturday.
All ten Charter Amendments passed in the last election. The Mayor's assistant is preparing the revised Charter and it should be in Council packets this Friday.
The Mayor indicated that deer activity is higher at this time of year. She has contacted the Metroparks who will be working with Rocky River and surrounding communities in an effort to control the migration of the deer population into residential areas. In addition, the Animal Control officer, Mike Hearn, will draft information for residents to assist them in keeping deer from their properties. It will be available for all residents through the website and e-updates. In addition, there was a culling program in the Metroparks last year; that program will be re-instituted after the first of the year. When information is received, it will be shared with Council.
A survey of Center Ridge businesses will begin this week. This is the next step following Economic and Community Development Director Koran's inventory of all businesses along this corridor, both east and west of W. 210th Street. The survey, put together by Director Koran, the Mayor and Mark Wagner of the high school, will provide experience for students from the marketing class to implement the survey, disseminate it, do on-site interviews, analyze data and create a power point presentation to the Chamber of Commerce and other interested groups.
The $92,000 grant proposal for the Detroit Road Streetscape Project was not funded, at least for the present. The Administration has contacted NOACA, however, and one of their representatives has offered NOACA's technical expertise with other support, to be provided to the City to help it complete many parts of the project. These services will be free of charge, so there will also be no match on the City's part. At present, the City is defining roles and determining how these services will complement those of the City's engineer and designer Paul Volpe.
Regarding ice rink attendance, on Friday, there were more than 200 participants at the Friday Night Skate. A large hockey fundraiser on Sunday sold more than 2000 tickets. Funds raised through that effort will support the hockey program in tournament play and related expenses.
This weekend there will be a middle school lock-in on Saturday and Sunday. The Mayor was pleased to report that there was so much interest, there was a waiting list, but the Recreation Department was able to accommodate everyone on the list.
The Senior Center entertained more than 1100 attendees at its Harvest Holiday Craft, Antique and Quilt Show. Sixty quilts were displayed and 30 vendors participated in this very successful event.
In other Senior Center news, Director Carole Calladine and Social Worker Kathy Gibel have been selected to present a workshop on Bridgeworks, a senior return-to-work program implemented at the Senior Center. Their success rate is approximately 80%. Their program will be presented to the National Council on Aging at the American Society on Aging Conference early next year.
The Relay for Life kickoff will be at 7:00 p.m. on Wednesday at Rocky River High School.
Tomorrow is Veterans Day and City Hall will be closed in honor and observance of the day. The Mayor urged all to take an opportunity to thank veterans for their service and dedication to our country and to freedom.
Discussion: Mr. Mylen asked if the Beautification Committee will meet tomorrow evening. The Mayor responded that she has not heard one way or another. Typically, her office would be contacted for a report on items under discussion, but this has not happened this week.
LAW DIRECTOR'S REPORT:
Mr. Bemer reported that the survey conducted by the Building Department concerning fees assessed by other communities for both building/construction permits and the planning/variance process has now been completed. A draft of the pertinent sections of the Codified Ordinances has been prepared and is undergoing a final review by Kevin Beirne, the Building Commissioner. The new regulations are not expected to raise a great deal of revenue, but it will be a design to have a user fee so that the process is properly implemented without any unnecessary applications. The ordinance should be in packets for review at the end of the week.
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS: NONE
MOTION:
Moved by Mr. Moran, seconded by Mr. Furry and Mr. Long, that the 72-hour rule of notification be waived, and that Ordinance No. 127-08 be placed on the agenda.
Discussion: Mr. Moran explained that although the title was on the agenda, the ordinance was distributed this evening. Although there was not 72 hours' notice, he would still like to be able to have the first reading this evening.
Vote: Hunt - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
6 ayes 0 nays PASSED
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 this ordinance is one of two requests for AT&T easements. This will continue to be held for further discussion.
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"
1ST READING
Mr. Hunt noted that this ordinance, too, will be held for further discussion. The Mayor mentioned that Commissioner Beirne told her that AT&T did not plan to construct at this location at this time, but he had suggested that they go forward since they plan to build next year and they have already started the easement process.
RESOLUTION NO. 122-08 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
1ST READING
Moved by Mr. Moran, seconded by Mr. Hunt, that the rule requiring that Resolution No. 122-08 be read on three separate days be suspended, and that Resolution No. 122-08 be placed upon its passage:
Discussion: Mr. Moran noted that the rates to be confirmed include previously approved tax levies. He then turned to Director Thomas for further information. Mr. Thomas noted that the resolution is due in November, and is another step in the budget process for 2009. In this process, the County Auditor sets the rates, and the Budget Commission calculates what the levies will generate in the way of revenue for the coming year. These rates are confirmed by City Council by resolution.
Mr. Moran said there was no reason to delay 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 Resolution No. 122-08 be passed as read:
Discussion: As discussed above, Mr. Moran noted that this resolution should not be delayed and can be put in place this evening.
Vote: Hunt - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
6 ayes 0 nays PASSED
RESOLUTION NO. 123-08 BY JAMES W. MORAN
AN EMERGENCY RESOLUTION REQUESTING THE COUNTY AUDITOR TO ADVANCE TAXES FROM THE PROCEEDS OF ALL TAX LEVIES AND SPECIAL ASSESSMENTS FOR THE YEAR 2009
1ST READING
Moved by Mr. Moran, seconded by Mr. Hunt, that the rule requiring that Resolution No. 123-08 be read on three separate days be suspended, and that Resolution No. 123-08 be placed upon its passage:
Discussion: Mr. Moran noted that this resolution also should move forward because it will request that taxes collected be forwarded to the City. Prompt payments will facilitate the cash flow.
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 Resolution No. 123-08 be passed as read:
Discussion: As discussed above, Mr. Moran noted this resolution will aid in the positive cash flow of the City. Mr. Moran confirmed that this will insure that money is forwarded to the City as soon as it is received by the County Auditor.
Vote: Hunt - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 125-08 BY MICHAEL W. MYLEN
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, 2009 TO DECEMBER 31, 2009
1ST READING
Mr. Mylen suggested that this ordinance be discussed next week at the meeting of the Committee-of-the-Whole. During that time, questions can be brought forward.
ORDINANCE NO. 126-08 BY MICHAEL W. MYLEN
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, 2009 TO DECEMBER 31, 2009
1ST READING
Mr. Mylen suggested that this ordinance, too, be discussed at next week's meeting.
ORDINANCE NO. 127-08 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, 2009
1ST READING
Mr. Moran congratulated Mayor Bobst and Finance Director and thanked them for submitting the budget for careful perusal. Additional meetings including discussions with directors will follow in the coming weeks.
ORDINANCES AND RESOLUTIONS UNDER CONSENT
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
2ND READING
Mr. Hunt explained that this ordinance will authorize the City to enter into an agreement for plowing aprons for those who qualify, meaning that eligible residents must be 70 years of age or medically disabled, and have household income of less than $40,000. Residents who enroll in the program will have aprons plowed when the snow is greater than three inches.
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"
2ND READING
Mr. Hunt noted that the City will make payment to the County for public health services. This is an annual contract, and for 2009, the cost will be $3.70 per capita, with a cap of $76,720.
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
2ND READING
Mr. Furry indicated that this ordinance will allow the City to meet a requirement for the NPDES permit which requires that a License II operator monitor the monthly reports.
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
2ND READING
Mr. Hunt noted that this ordinance will authorize study of the underground tanks at the Service Garage which is required by the Bureau of Underground Tank Regulations (BUSTR).
ORDINANCE NO. 124-08 BY DAVID W. FURRY
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH GINOSKO LABORATORIES, INC. FOR LAB ANALYSIS OF WASTEWATER SAMPLES FOR THE YEAR 2009 ENDING DECEMBER 31, 2009 IN AN AMOUNT NOT TO EXCEED $11,400.00
1ST READING
Mr. Furry recalled that this ordinance was discussed at the last meeting of the Committee-of-the-Whole. This is the same company which performed the services last year at the same price. They also received 100% quality rating on their testing from the EPA.
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 Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
6 ayes 0 nays PASSED
Moved by Mr. Moran, seconded by Mr. Long and Mr. Furry, that the ordinances of the Consent Agenda be passed as read:
Vote: Hunt - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
6 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