CITY OF ROCKY RIVER
NOVEMBER 23, 2009
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, Ms. Ventimiglia
Law Director: Mr. Bemer
The meeting was opened with the Pledge of Allegiance.
MOTION:
Moved by Mr. Moran, seconded by Mr. Shepherd, that the reading of the minutes of the Legislative Meeting of November 9 be waived, and that the minutes be accepted as submitted.
Vote: Hunt - aye Shepherd - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
6 ayes 0 nays PASSED
Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the meeting of the Committee-of-the-Whole of November 16 be waived, and that the minutes be accepted as submitted with one correction.
Vote: Hunt - aye Shepherd - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - abstain
5 ayes 0 nays 1 abstention PASSED
Mr. Moran thanked Ms. Ventimiglia, the Mayor's assistant, for attending the meeting in place of the Clerk of Council.
MAYOR'S REPORT:
The Mayor turned to Safety-Service Director Linden for an update on the Elmwood Sewer Project.
The Mayor then reported that CERT (Community Emergency Response Team) was activated again this weekend to assist North Olmsted with its H1N1 vaccination program. At that event, 1526 doses were administered on Saturday and was so efficiently conducted that the shortest wait was only six minutes and the longest wait was a mother who was in line for 26 minutes because she had to hold each of her three children.
A hockey tournament, the Thanksgiving Classic, will be held this weekend on Friday, Saturday and Sunday with a championship game on Monday evening. The Rocky River hockey team will participate. There will also be open skating at the ice rink on Wednesday and some afternoon sessions during the weekend.
The winter recreation schedule is currently being distributed and can also be accessed through the City's website.
Two grant applications have been submitted through the Rotary organization: one for the Senior Transportation Program, the other for the Community Gardens. Mayor Bobst thanked the Rotary for its philanthropic efforts which provide more than $800 per week, shared by Rocky River and Lakewood.
The tree lighting ceremony will be December 4 at 6:00 p.m. As in past years, this will be followed by the All Aglow celebration at the Senior Center featuring home baked cookies, popcorn, crafts for youngsters and Santa.
Finally, the Mayor requested an Executive Session under Article X, Section 6, Subsection (3) of the Charter of the City of Rocky River to discuss two matters of pending litigation and one matter of imminent litigation.
MOTION:
Moved by Mr. Moran, seconded by Mr. Long, that at the request of the Mayor, an Executive Session be held immediately following the business of the regular meeting under Article X, Section 6, Subsection (3) of the Charter to discuss two matters of pending litigation and one matter of imminent litigation.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
LAW DIRECTOR'S REPORT:
Mr. Bemer indicated that he had attended the last meeting of the Planning Commission on November 17. Even though the Commission gave its best effort, one or two sections require further discussion, particularly that which concerns cluster housing. It is projected that another month will be necessary for the Commission to complete its review.
The train count for October has been received from Norfolk Southern, and it was identical to that of September, an average of 3.1 trains per day passing through the City.
COMMITTEE REPORTS:
Finance Committee: Mr. Moran noted that Council members have had an opportunity to begin their reviews of this year's budget. He proposed a meeting of the Finance Committee with directors from 9:00 a.m. until 12:00 on Monday, December 7, and asked members of Council to check their schedules for availability.
COMMUNICATIONS AND ANNOUNCEMENTS: NONE
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, as indicated by Director Bemer, this ordinance is still under review by the Planning Commission. Council will await the completion of their work.
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 indicated that this ordinance is scheduled for a Public Hearing on December 7.
MOTION:
Moved by Mrs. Arabian Whitman, seconded by Mr. Shepherd, that Ordinance No 74-09 be amended as to the exhibit by changes discussed at the meeting of the Committee-of-the-Whole.
Discussion: Mrs. Arabian Whitman explained that the changes discussed included reinstating current fees and adding an automatic withdrawal option at a slightly increased rate. Non-resident senior weekday passes will be added as well as authorizing the Mayor and Recreation Department to accept health insurance reimbursement for seniors who have that option as part of their health insurance.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
AMENDED 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"
2ND READING
Moved by Mrs. Arabian Whitman, seconded by Mr. Long, that the rule requiring that Amended Ordinance No. 74-09 be read on three separate days be suspended, and that Amended Ordinance No. 74-09 be placed upon its passage:
Discussion: Mrs. Arabian Whitman noted that this ordinance is necessary for publication of the winter program and should be in place as soon as possible.
Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
7 ayes 0 nays PASSED
Moved by Mrs. Arabian Whitman, seconded by Mr. Furry, that Amended Ordinance No. 74-09 be passed as read:
Discussion: See discussion above.
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
2ND READING
Mr. Moran noted that the budget process is continuing. Council members will have an opportunity to discuss budgets with the directors and have the guidance of the Mayor and Finance Director. He said Council is looking forward to receiving the additional information.
MISCELLANEOUS BUSINESS:
Mayor Bobst announced that Congressman Dennis Kucinich has requested a meeting with City Council which has been scheduled for 7:00 p.m. on December 7.
AUDIENCE PARTICIPATION: NONE
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 8:36 p.m.
____________________________ _______________________________
James W. Moran Misao Kurokawa
President of Council Clerk of Council