CITY OF ROCKY RIVER

DECEMBER 28, 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. Furry, Mrs. Arabian Whitman,

Mr. Long, Mr. Moran, Councilman-Elect Schieda

Absent: Mr. Mylen

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. Furry and Mr. Long, that the reading of the minutes of the Finance Committee meeting of December 11be waived, and that the minutes be accepted as submitted.

Vote: Moran - aye Furry - aye Long - aye

3 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the Finance Committee meeting of December 14 be waived, and that the minutes be accepted as submitted.

Vote: Moran - aye Furry - aye Long - aye

3 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the Legislative Meeting and Executive Session of December 14 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 and the Public Hearing for Ordinance No. 85-09 of December 21 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

MAYOR'S REPORT:

The Mayor opened her report by commenting on the City's proposal now before the District One Public Works Integrating Committee (DOPWIC). Preliminary rankings have been issued and showed that Rocky River has placed just outside the funding range and the contingency range. As a result, the Mayor, Mr. Linden and Mr. Mackay attended the DOPWIC meeting on December 17, presenting the City's case for additional points, and succeeded in securing enough additional points to move into the contingency range on the list which has now been finalized. The City's project, the Frazier-Beachcliff Sewer Improvement Project, will cost $4,681,000 with a request to DOPWIC for $3,277,000. As local budgets are finalized and matching funds allocated by other cities, Rocky River will be notified if the this project can be funded. The Mayor is optimistic because construction estimates have been very aggressive which means that DOPWIC funds may extend to the contingency list.

In other construction news, Elmwood has now reopened.

A newspaper article reporting an increased fee levied by the Northeast Regional Sewer District to begin in July has caused some confusion. This $50 fee for stormwater management will not affect Rocky River residents because the City is not a participant in the system. The City's WWTP, which it operates in concert with three other West Shore communities, will not be affected by this increased fee.

The Cleveland Water Department will increase its rates from the current $18.54 per cubic foot to $19.50. After the first cubic foot, rates will go from $39.65 to $41.70.

On December 21 the American Red Cross hosted a blood drive at the Don Umerley Civic Center. The Mayor received a letter of gratitude from the Red Cross and those whose lives benefit from the donations. There were 825 donations from residents and those who work in the City.

The Fire Division has received safety glasses, isolation gowns, respiratory protection masks which were purchased under a grant distributed through the County for personal protective equipment.

The RTA is anticipating changes which will be discussed at a public meeting at 5:00 p.m. on Thursday January 7, 2010 at Fairview Park City Hall. Anyone with concerns about fees or routes is encouraged to attend.

In news from the Recreation Department, the Mayor was pleased to note that there were 180 participants in the Santa Skate at the Hamilton Ice Rink last weekend. At the two open skates last weekend there were more than 250 participants. On Saturday, the Recreation Department received more than $6000 in new memberships. The New Year's Eve Family Skate will be from 6:30 until 9:00 p.m. at the ice rink. There will be entertainment, refreshments and prizes.

The Senior Center will host an open house tomorrow from 1:30 until 3:30 p.m. Holiday highlights from the Center will be shown on Cox Cable, channel 45, on Sunday evenings at 9:30.

City Hall will be closed Thursday afternoon and all day Friday in observance of the New Year holiday. It will re-open on January 4, 2010.

Discussion: Mrs. Arabian Whitman added that games will be awarded as prizes at the New Year's Even Family Skate which will tie into the theme of Family Game Week.

LAW DIRECTOR'S REPORT:

Mr. Bemer reported on upcoming legislation:

• The final discussion of the Planning Commission about the updated Development Code. The Commission will meet on January 19 to sign its minutes after which it will be returned to City Council for further review.

• Another ordinance to be forwarded to Council will be a zoning change from Residential to Public Facility for the Brewer/Wallace properties purchased by the City. This will be routed through the Planning Commission before being returned to Council.

Mr. Bemer also noted that right-of-way negotiations for the Lake Road Project are progressing well and should be completed within the next week or so.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran welcomed former Councilwoman Bartolozzi and Fr. John Chlebo from St. Christopher Church to the Council meeting.

Last week Mr. Moran announced a fundraiser for a Rocky River couple, Kathy and Craig Ogan, who were facing job loss and cancer. He said that it was very well attended, and thanked the WestLife and the Sun for publicizing the event, noting that some attendees mentioned that they had seen the announcement in one of the newspapers. Sadly, Mrs. Ogan has passed away, but the event saw a great celebration of her life this evening at the fundraiser.

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 reported by the Law Director, the Planning Commission has completed its review, and will approve its minutes at the meeting of January 19. Council will await its information and recommendations.

AMENDED 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

3^RD READING

MOTION:

Moved by Mr. Moran, seconded by Mr. Furry, that Ordinance No. 85-09 be amended as to its exhibit.

Discussion: As Mr. Moran has discussed with Finance Director Thomas, four main changes are proposed:

• Scooter purchases are reduced from four to three which will decrease the Equipment Purchase Fund by $30,000.
• Equipment considered for leasing is eliminated (2 refuse packers, 2 -2½ ton dump trucks and a one-ton dump truck). This will decrease the Equipment Purchase Fund by $129,000.
• The emergency sewer repair contract is reduced from $125,000 to $100,000. This will decrease the Capital Improvement Fund by $25,000.
• The sewer televising contract is reduced from $100,000 to $75,000. This will decrease the Capital Improvement Fund by $25,000.

With other decreases in transfers, the total decreases in appropriations are: General Fund, $209,000, Equipment Purchase Fund $159,000, Capital Improvement Fund,$50,000, for a total appropriations decrease of $418,000.

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. Long, that Amended Ordinance No. 85-09 be passed as read:

Discussion: Mr. Moran commented that Council has had a great deal of discussion about this appropriations ordinance. The meetings have been informative, and he expressed appreciation for the time and effort expended by the Mayor, the Finance Director and the Safety-Service Director. All departments will continue to work together to make certain services remain top notch.

Mayor Bobst thanked Council members for their engagement and leadership in making certain that the budget passes before year's end. She pledged, with her directors, to watch the budget closely in 2010 and to communicate with Council about any issues which may develop.

Mr. Moran observed that there will be challenges during the coming year, but said he is looking forward to working with the Administration.

Vote: Hunt - aye Shepherd - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 105-09 THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF SAFETY SERVICES TO ENTER INTO AN AGREEMENT WITH AAA FLEXIBLE PIPE CLEANING CORPORATION FOR THE 2010 SEWER TELEVISING PROGRAM IN AN AMOUNT NOT TO EXCEED $75,000.00

1^ST READING

Mr. Hunt noted the summary in last week's packets, and indicated that the ordinance will be discussed for passage in two weeks.

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO. 95-09 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AMENDING ORDINANCE 140-08 BY CREATING A POSITION AND COMPENSATION FOR A TEMPORARY FIREFIGHTER, DELETING THE CAPTAINS POSITION IN THE POLICE DIVISION, AND DELETING THE EXAM COMPENSATION FOR THE SECRETARY OF THE CIVIL SERVICE COMMISSION, AND AUTHORIZING MARINE PATROL OVERTIME COMPENSATION CALCULATION

2^ND READING

Mr. Moran explained that this ordinance was discussed at the last meeting of the Committee-of-the-Whole, and he agrees with the changes which have been made.

ORDINANCE NO 96-09 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE CREATING POSITIONS AND FIXING THE 2010 ANNUAL SALARIES AND HOURLY RATES FOR THE APPOINTED EMPLOYEES IN THE DIVISIONS AND DEPARTMENTS OF THE CITY OF ROCKY RIVER

2^ND READING

Mr. Moran indicated that this ordinance sets forth the compensation for 2010 for City employees.

ORDINANCE NO. 101-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO CONTRACTS WITH MEDICAL MUTUAL OF OHIO TO PROVIDE HEALTH CARE AND PRESCRIPTION INSURANCE COVERAGE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Mr. Hunt noted that this ordinance was discussed last week and said that it is the first of three ordinances to provide health care, dental care and life insurance for the full-time employees of the City for 2010 as mandated by the collective bargaining agreements. This ordinance covers health care and prescription coverage.

ORDINANCE NO. 102-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH AETNA, INC. TO PROVIDE DENTAL COVERAGE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Mr. Hunt noted that this is the second of three benefit ordinances; this one will provide dental coverage under the collective bargaining agreement.

ORDINANCE NO. 103-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO EXERCISE THE SECOND TERM OF THE CONTRACT WITH THE FORT DEARBORN LIFE INSURANCE COMPANY TO PROVIDE LIFE INSURANCE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Mr. Hunt explained that this is the last component of employee benefits. This ordinance provides for life insurance for full-time employees.

ORDINANCE NO. 104-09 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2009 AND TO AMEND ORDINANCE NOS. 127-09 AND 5-09

1^ST READING

Mr. Moran explained that most of these supplemental appropriations are not large except for the $300,000 appropriation for the floor of the WWTP. These changes would complete the 2009 budget.

Moved by Mr. Moran, seconded by Mr. Long, that the rule requiring that Ordinances 95-09, 96-09, 101-09, 102-09, 103-09 and 104-09 of the Consent Agenda be read on three separate days be suspended, and that said ordinances be placed upon their passage:

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 ordinances of the Consent Agenda be passed as read:

Vote: Hunt - aye Shepherd - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

RESOLUTION NO. 106-09 BY THE MAYOR, THE LAW DIRECTOR

AND ALL MEMBERS OF COUNCIL

AN EMERGENCY RESOLUTION COMMEMORATING THE SERVICE OF THOMAS T. LONG, COUNCILMAN-AT-LARGE OF THE CITY OF ROCKY RIVER

1^ST READING

Moved by Mr. Moran, seconded by Mr. Shepherd, that the rule requiring that Resolution No. 106-09 be read on three separate days be suspended, and that Resolution No. 106-09 be placed upon its passage:

Discussion: Mr. Moran commented that this resolution should not have to be read on three separate days, but should be passed immediately.

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 Resolution No. 106-09 be passed as read:

Discussion: Mr. Furry read a letter from former Councilman Brian Hurtuk who was unable to attend the meeting honoring Councilman Long, praising his service to the City and wishing him well in his new endeavors.

Mrs. Linda Bartolozzi, another former Council member, spoke of Mr. Long's dedication and the hours he devoted to the residents of the City.

Fr. John Chlebo of St. Christopher Church, speaking on behalf of the people of St. Christopher parish, affirmed what had been said about the Councilman, and added that Mr. Long is moving ahead to a higher calling, one that he knows Mr. Long will serve well. By Church law, no one can serve in Mr. Long's new role and hold elected office at the same time. However, he assured Council that Mr. Long's service to the community will continue.

Mr. Long was then honored as each member of Council, the Mayor and the Law Director spoke of his caring, generosity, outstanding professionalism, kindness, ability to balance the City's interest and that of the residents, morality, passion for serving the residents and their needs, knowledge, warmth, dedication, commitment, humility and communication skills. All wished him well in his new position.

Mr. Long thanked everyone and said that he has enjoyed working with Council, adding that good things have been done for the City, and that he hoped he had made a contribution to that. He said that he felt honored to have been able to hold positions which help direct a City in which elected officials feel it is part of their jobs to help everyone have the best life possible. He called Rocky River the pinnacle of excellence where problems may exist, but everyone is working together to find solutions and keep the quality of life as it is so that people will continue to want to live here.

Vote: Hunt - aye Shepherd - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

At this last meeting of 2009, Mr. Moran, on behalf of Council, thanked the Administration for this year's progress: the sewer programs, improvements in recreation and upgrades at the WWTP. He praised the continuation of active programs for seniors, continued safety and cleanliness, and fiscal responsibility. As Council members, he said they look forward to working together in 2010.

Mr. Moran noted that the installation of elected officials will be at next week's meeting which will be at 6:30 p.m. on Monday, January 4.

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 9:01 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council

Please note: This is a draft copy of the minutes of the Legislative Meeting of December 28, 2009. These minutes may be revised or amended at the next Legislative Meeting.