CITY OF ROCKY RIVER

NOVEMBER 13, 2007

Regular meeting of Council was called to order by Mr. Hagan, President of Council, at 8:00 p.m.

in the David J. Cook Council Chambers.

Council Members Present: Mr. Gollinger, Mr. Hunt, Mr. Hurtuk, Mrs. Bartolozzi,

Mr. Long, Mr. Hagan

Absent: Mr. Moran

Council Members-Elect: Ms. Arabian, Mr. Shepherd

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

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.

Mr. Hagan noted that minutes of the Public Hearing concerning the Community Development Block Grant application had been distributed to Council members. He suggested that any questions or changes be directed to Mr. Koran.

MOTION:

Moved by Mr. Hagan, seconded by Mr. Long, that the reading of the minutes of the Legislative Meeting of October 22 and the minutes of the Special Meeting and the meeting of the Committee-of-the-Whole of November 5 be waived, and that the minutes be accepted as submitted.

Vote: Gollinger - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

MAYOR'S REPORT:

The Mayor reported that she has met with Christy Bykowski of Cox Communications to discuss services provided to the schools in accordance with the City's agreement with Cox which will expire in 2008, and the Mayor expressed thanks to Dr. Shoaf who prepared a report of those services. Going forward in the environment of statewide franchises, Mayor Bobst was pleased to report that Cox is committed to being a good corporate neighbor and does not anticipate diminishment or elimination of any current services to the schools. The Mayor also noted that AT&T has been awarded its statewide franchise agreement. Following the completion of paperwork, the City will be notified that the franchise agreement has been awarded and the City will then have ten days to respond to AT&T regarding issues which include franchise fees and PEG channels. She pledged to act immediately upon notification. Also discussed at the meeting were other services provided by Cox such as I-Net, some cabling at the Civic Center and some accounts of the City. Cox continues to work closely with the Administration in this new environment.

Tomorrow negotiations with WWTP employees will begin. Meetings have been held for some time to determine the City's presentation to them, and tomorrow both sides will come to the negotiating table.

Reminding Council members of an increased generation fee at the signing of the last agreement with the Cuyahoga County Solid Waste District, the Mayor was pleased to announce that a refund of the first year's increase has been received, as promised. The last agreement provided for a fee increase to $1.50 from $1.00, but the increase was to have been refunded for the first year. For Rocky River, this refund amounted to $5,378.50. The Mayor expressed appreciation for the fulfillment of the County's promise, but more significantly, she noted that it underscores the importance of the recycling program to eliminate as much as possible from the landfill. Following this year, the cost will be $1.50 per ton with additional costs.

Referring to her recent update on the Heritage Home Loan Program and the number of the City's residents who have taken advantage of it, she thanked Director Koran for the most recent 2007 report for participants in the Housing Enhancement Loan Program (HELP). This provides loans to qualified borrowers which are 3% below prime. Several residents took advantage of the program and used the funds for improvements which totaled more than $356,000.

The 2008 Budget is almost ready for distribution, and will be presented to Council at next Monday's meeting. Additional budget binders will be prepared for incoming Council members. In addition, meetings will be scheduled for new Council persons with members of the Administration to familiarize them with the City's plans, programs and priorities.

Finally, the Mayor requested an Executive Session under Article X, Section 6, Subsection (3) to discuss a pending legal matter with the Law Director.

Discussion: Regarding the Budget, Mr. Hurtuk requested an ordinance for the Audit Committee to accompany the budget for his Finance Committee before scheduling committee meetings. Further, he asked if a recommendation will be included for proposed funding. The Mayor confirmed that it would.

MOTION:

Moved by Mr. Hagan, seconded by Mr. Long, that, at the request of the Mayor, an Executive Session be held immediately following the Legislative Meeting to discuss with the Law Director a matter of pending or imminent court action under Article X, Section 6, Subsection (3) of the Charter.

Vote: Gollinger - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

LAW DIRECTOR'S REPORT:

Last Friday, Mr. Nugent of the Building Department toured the home under discussion at Wooster and Bonnie Bank with officials of Countrywide Mortgage and a contractor who is in the process of providing an estimate of the cost of interior repairs, which are significant. It appears that the home is in a state of disrepair and that some walls may need to be replaced, mold control will be necessary, and most of the utilities will need refurbishing. A second opinion from another contractor is also being prepared. Litigation is still going forward, but the Law Director pointed out that progress is being made to address concerns. Countrywide will review the estimates and determine whether to make repairs or to allow demolition.

A final report from the Tax Commissioner has been received regarding the City's transfer of $2.3 million from Estate Tax revenues. Historically, according to the Finance Director, these revenues were placed in a Permanent Improvement Fund without any specific purpose or identity. The Law Director reiterated that these funds were not self-taxed or bond issue funds earmarked for any specific purpose, but purely for capital projects and improvements. The City was directed by the Auditor's Office to pursue the proper recourse through the Tax Commissioner's office and then through the Court of Common Pleas to obtain approval to make the appropriate transfers which would allow the funds to remain in the Permanent Improvement Fund.

Last summer, an ordinance was passed to transfer the funds back into the General Fund which is where they are at the present time. The Tax Commissioner's determination is that court approval is not necessary because the funds were not earmarked for a specific project, but the creation of a Permanent Improvement Fund with the direct transfer of Estate Taxes was an error. By state statute, those funds must be deposited initially into a General Fund and dispersed as the need arises. The ordinance which determined the 80/20 split of the funds must be modified according to state law to be placed in the General Fund and then transferred from there on the 80/20 allocation. The Law Director indicated that the Finance Director will communicate with the Auditor's office because this is a departure from the advice received from them. When that is completed, the City will move forward with an ordinance which will correct the process.

The train report for the month of October has been received from Norfolk Southern. The average number of trains passing through the City was 3, with a high of six on one occasion and a low of 0 on one occasion. The City is still awaiting word from the railroad regarding the Quiet Zone. The City Engineer, Michael Mackay continues to work with them.

Discussion: Mr. Hurtuk asked if Countrywide Mortgage actually owns the property on Bonnie Bank/Wooster. Mr. Bemer confirmed that they do. Mr. Hurtuk noted that there is turmoil in that industry, and wondered if the City continues to be certain that ownership has not been transferred. Mr. Bemer responded that he has received documentation that Countrywide accepted the denial of the VA ownership of the house and they do hold title to the property. He further stated that there is no mortgage.

Mr. Hurtuk also asked about the opinion of the Tax Commissioner, wondering if the City will check with the State Auditor's office which felt that the City's actions were not as they should have been, to ascertain that they are in accord with this decision. He suggested a written confirmation from the State Auditor's office in the file might be a good idea. Mr. Bemer confirmed that the City will contact the State Auditor's office about this determination and the City's intention to follow the Tax Commissioner's opinion in this regard.

Finally, Mr. Hurtuk requested information on how whether the 20% was necessary and how it was used, and noted that this will be especially helpful for new Council members.

COMMITTEE REPORTS: NONE

There were no requests from members of Council for changes to the Consent Agenda.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 95-07 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE CHANGING CHAPTER 1163 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING PROJECTING SIGNS AND TEMPORARY BUSINESS SIGNS, BY AMENDING SECTIONS 1163.01, 1163.04, 1163.05, 1163.06 1163.09, AND 1163.11 AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

Mr. Gollinger indicated that, as discussed previously, this ordinance is on the agenda of the Planning Commission and will be discussed at their next meeting, which will be held November 27.

MOTION:

Moved by Mr. Hagan, seconded by Mr. Gollinger, that Ordinance No. 100-07 be amended as to Exhibit "A".

Discussion: Mr. Bemer explained that he had added the Above Ground Facility Location Protocol on pages 8-9. He felt that this section, from Cleveland's ordinance, was also appropriate for Rocky River.

Vote: Gollinger - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 100-07 BY JAMES W. MORAN

AN ORDINANCE TO AMEND PART NINE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, OHIO TO INCLUDE A NEW CHAPTER 913 TITLED RIGHTS OF WAY ADMINISTRATION

2ND READING

Mr. Hagan indicated that this amended ordinance will also be referred to the Planning Commission for consideration at its next meeting.

ORDINANCE NO. 116-07 BY FRANK B. GOLLINGER

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 304-09-005 FROM ITS PRESENT CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL

(1F-R1) TO PUBLIC FACILITY (PF) IN ITS ENTIRETY AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Mr. Gollinger explained that the applicant, St. Christopher's Church, has requested a zoning change for a property it owns immediately adjacent to its public facility. Without expressed concerns from other Council members, he indicated that it will be referred to the Planning Commission.

ORDINANCE NO. 117-07 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE REPEALING SECTION 139.02 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER

1^ST READING

Mr. Hurtuk indicated that this ordinance will be discussed at next week's meeting of the Committee-of-the-Whole.

ORDINANCE NO. 118-07 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO AN AGREEMENT FOR VARIOUS INSURANCE COVERAGES FOR THE CITY OF ROCKY RIVER WITH MCGOWAN AND COMPANY, INC. FOR THE YEAR 2008 AT A TOTAL COST OF $149,982.00

1^ST READING

Mr. Hagan indicated that further details would be discussed at next week's meeting. He further explained that the two ordinances which followed, Ordinances No. 119-07 and 120-07 which deal with other insurance coverages, would be placed on hold.

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

RESOLUTION NO. 101-07 BY BRIAN F. HAGAN

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPORTATION COOPERATIVE PURCHASING PROGRAM FOR THE YEARS 2008-2009

2^ND READING

Mr. Hagan commented that the title states the purpose of the resolution, which is to permit the City to participate in ODOT's Cooperative Purchasing Program.

ORDINANCE NO. 103-07 BY BRIAN F. HAGAN

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, 2008 TO DECEMBER 31, 2008

2^ND READING

Mr. Hagan again noted that the title is self-explanatory.

ORDINANCE NO. 104-07 BY BRIAN F. HAGAN

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, 2008 TO DECEMBER 31, 2008

2^ND READING

Again, Mr. Hagan commented that the title of this ordinance is self-explanatory.

ORDINANCE NO. 105-07 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FOR THE YEAR 2008 FERRIC CHLORIDE FOR THE WASTEWATER TREATMENT PLANT FROM KEMIRA WATER SOLUTIONS, INC. AT $308.35 PER DRY TON

2^ND READING

Mr. Hunt explained that ferric chloride is necessary so that the WWTP can meet EPA requirements. The cost is a slight increase over last year's price.

ORDINANCE NO. 106-07 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FOR THE YEAR 2008 SERVICES FOR THE REMOVAL OF DIGESTED LIQUID SLUDGE FROM THE WASTEWATER TREATMENT PLANT FROM AGRI-SLUDGE, INC. AT A COST OF $0.0975 PER GALLON

2^ND READING

Mr. Hunt explained that this contract provides for an emergency at the WWTP. The funds are set aside in case of emergency during the WWTP's capital projects and there is a malfunction in a remaining filter press while the other is being repaired. It is probable that the funds will not be spent, but Superintendent Harrington feels that it is wise to have these funds to provide for an emergency.

ORDINANCE NO. 107-07 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FOR THE YEAR 2008 SODIUM HYPOCHLORITE FOR THE WASTEWATER TREATMENT PLANT FROM JCI JONES CHEMICALS, INC. AT $0.534 PER GALLON

2^ND READING

Mr. Hunt continued that this chemical is necessary for operation of the WWTP. This is liquid bleach used for disinfection, odor control and to settle sludge.

ORDINANCE NO. 108-07 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE FOR THE YEAR 2008 TO PURCHASE SODIUM BISULFITE FOR THE WASTEWATER TREATMENT PLANT FROM JCI JONES CHEMICALS, INC. AT $0.77 PER GALLON

2^ND READING

Mr. Hunt continued that this chemical is required to meet EPA requirements. This represents a slight increase over last year's contract.

ORDINANCE NO. 109-07 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE YEAR 2008 FOR THE REMOVAL OF DIGESTED SLUDGE CAKE FROM THE WASTEWATER TREATMENT PLANT FROM YAWORSKY FARMS AT A COST OF $12.98 PER TON

2^ND READING

Mr. Hunt explained that this is the normal removal method for WWTP sludge cake. Yaworsky Farms is the current provider of this service. The price has increased $1.00 per ton from last year.

ORDINANCE NO 110-07 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE YEAR 2008 FOR THE REMOVAL OF RAW SEWAGE SLUDGE FROM THE WASTEWATER TREATMENT PLANT FROM AGRI-SLUDGE, INC. AT A COST OF $39.25 PER TON

2^ND READING

This also represents an increase of $1.00 per ton from last year. Mr. Hunt noted that this removal of raw sewage sludge would come into play in an emergency situation based upon tank capacity.

ORDINANCE NO. 111-07 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE YEAR 2008 FOR THE REMOVAL OF DIGESTED SLUDGE CAKE TO A LANDFILL FOR THE WASTEWATER TREATMENT PLANT FROM AGRI-SLUDGE INC. AT A COST OF $37.75 PER TON

2^ND READING

Mr. Hunt noted, that per Superintendent Harrington, this would contract would be used in an emergency when the sludge cake cannot be taken to the farm for distribution.

ORDINANCE NO. 113-07 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 LAKE ROAD HEALTH AND SAFETY PEDESTRIAN ENHANCEMENT PROJECT IN THE CUYAHOGA COUNTY APPROVED LMI AREA

1^ST READING

Mr. Hagan referenced Director Koran's Public Hearing in October concerning the Block Grant program. This application, if granted, would provide additional funding for safety enhancements on the Lake Road Project. The application will be made for $100,000.

ORDINANCE NO. 114-07 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE AMENDING SECTION 133.06 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "PETTY CASH AND CHANGE FUNDS" AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Mr. Hurtuk explained that because of the increased use of the Don Umerley Civic Center, the current petty cash amount of $1500 is often insufficient. This will provide an addition $500 for a total of $2000.

ORDINANCE NO. 115-07 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE TO AUTHORIZE THE MAYOR TO RENEW THE HEALTH CONTRACT FOR THE YEAR 2008 WITH THE GENERAL HEALTH DISTRICT OF CUYAHOGA COUNTY, OHIO FOR SERVICES TO THE CITY OF ROCKY RIVER, IN THE AMOUNT OF $3.60 PER CAPITA, NOT TO EXCEED SEVENTY-FOUR THOUSAND SIX HUNDRED FORTY-SIX DOLLARS ($75,646.00)

1^ST READING

Mr. Hagan commented that this ordinance will renew the health contract with the General Health District of Cuyahoga County for 2008. It will provide various services such as immunization, early childhood intervention, lead poisoning prevention, restaurant assessments, and many other. It is a very cost-effective way to provide for these services.

Moved by Mr. Hagan, seconded by Mr. Long, 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 be placed upon their passage:

Vote: Gollinger - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Long, that the ordinances and resolutions of the Consent Agenda be passed as read:

Vote: Gollinger - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Hagan mentioned that a consideration of the Budget will be coming in the next weeks, to be led by Finance Chairman Hurtuk. If requirements for budget hearings can be met, Council may be in a position where the last Legislative Meeting will be on December 24. Since most members will not wish to meet that evening, a Special Meeting is under consideration for December 17. If necessary, additional Special Meetings could also be scheduled during the last week of the month.

Mr. Hagan also announced that as currently scheduled, the first meeting of the new year will be on January 2 following the New Year holiday. Responding to a Council question, Mr. Hagan confirmed that three meetings instead of four may be held in December unless another is required.

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:39 p.m.

_____________________________ _______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council