DRAFT

CITY OF ROCKY RIVER

JANUARY 23, 2012

PUBLIC HEARING - AMENDED ORDINANCE NO. 48-12

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF

CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT

PARCEL NO. 301-18-038 FROM ITS PRESENT CLASSIFICATION OF

OFFICE (O-3 100'), TO LOCAL BUSINESS (LB), IN ITS ENTIRETY,

AS FURTHER DESCRIBED IN EXHIBIT "A"

The Public Hearing for Amended Ordinance No. 48-11 was opened by Mr. Moran, President of Council, at 8:00 p.m.

Council Members present: Mr. Hunt, Mr. Shepherd, Mr. O'Donnell, Mr. Furry,

Mrs. Arabian Whitman, Mr. Klym, Mr. Moran

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

Law Director: Mr. Bemer

Press: Ms. Botos, Mr. Sandy

The hearing was opened with the Pledge of Allegiance.

Mr. Moran explained that this Public Hearing had been called to consider Amended Ordinance No. 48-11which would authorize the rezoning of property known as Parcel No. 301-18-038 located at the corner of Detroit Road and Parsons Ct. Its original zoning is Office (O-3 100') and the proposed change is to Local Business. The property was formerly Taylor Motors and has now been purchased by the owners of BeachCliff Market Square He then asked if anyone in attendance had any public comment.

AUDIENCE PARTICIPATION:

Mr. Robert Jensen, 19965 Riverview, asked if there are plans for the property. The Mayor said that at present, there were no plans which was confirmed by Mr. Bill Brink, representative of the property owner.

As there was no further public comment or comment from members of Council, the Public Hearing was closed at 8:04 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 Public Hearing of January 23, 2012. These minutes may be revised or amended at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

JANUARY 23, 2012

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 following the administering of the oath of office to Councilman Christopher Klym, and the Public Hearing for Amended Ordinance No. 48-11.

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. O'Donnell, Mr. Furry,

Mrs. Arabian Whitman, Mr. Klym, Mr. Moran,

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

Law Director: Mr. Bemer

Press: Ms. Botos, Mr. Sandy

MOTION:

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the Legislative Meeting and Executive Session of January 9, the Special Meeting and Executive Session of January 11, and the Special Meeting and Executive Session of January 16 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - aye O'Donnell - aye Furry - aye

Arabian Whitman - aye Klym - abstain Moran - aye

6 ayes 0 nays 1 abstention PASSED

Moved by Mr. Moran, seconded Mr. Furry, that the reading of the minutes of the meeting of the Committee-of-the-Whole of January 17 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - abstain O'Donnell - aye Furry - aye

Arabian Whitman - aye Klym - abstain Moran - aye

5 ayes 0 nays 2 abstentions PASSED

MAYOR'S REPORT:

The Mayor was pleased to report that Ordinance No. 79-11, a draft of the appropriations ordinance which required additional time and effort, has been presented this evening. Among comments on the budget:

• This is a very conservative budget on the revenue side with some revenue adjustments based on 2011 actual data, auto storage fees, alarm fees and Building Department contractor fees.
• A furlough program has been initiated for non-bargaining unit employees, all full-time and regular part-time, including the Mayor, the Law Director and other directors. This means one day per month of furlough until further notice. The Senior Center will close for one day a month, typically the first Friday of each month although some scheduling adjustments were required.
• The minimum wage has increased, but part-time hours are being significantly reduced which will help offset the increase.
• Equipment purchases and operating expenses have been cut across all departments and there is a new transfer schedule, particularly to the Recreation Department and the Senior Center.
• Initial cuts had been made, but to balance the budget, additional cuts were necessary. The year end figures were helpful in making determinations of additional reduction areas.

The Mayor commented that she and the Administration were happy to answer any questions which Council may have following study of the document. This budget does not include any changes to refuse and recycling or grass-cutting parks maintenance. There is also no additional revenue plan that would be part of an August income tax ballot issue. She described this as a very conservative budget and a tight budget.

Tim Cosgrove, legal counsel of the Mayors and Managers Association, has assembled a year-end review with a 2012 preview of state finances. Important to this area is the Mid-biennium Budget Review which is much like a very aggressive budget corrections bill. The budget will be closely reviewed and the feeling is that there will be no change in school funding. Governor Kasich would like to lower the income tax and the way that it applies to capital gains. A further projection is that community projects in the capital appropriations bill will not be increased because the state is taking on additional debt service.

The Mayor also discussed the Local Government Innovation Fund which will make $45 million available for local government innovations. Of that amount, $36 million will be available in loans with the remaining $9 million designated for grants. The West Shore Council of Governments will apply for funding for several projects. Under discussion have been such projects as regional utility billing, EMS, central dispatch, refuse and recycling, finance functions, administrative functions, the West shore Enforcement Bureau (WEB). Because of the regional nature of the many areas of West Shore government, the Mayor is optimistic that some of these grant application efforts will be successful.

Installation of the Seniors Council was last week. The new officers are President, Dottie O'Neill; Vice President, Jack McFarland; Secretary, Ruth Regula; Treasurer, Henry Curtis and Assistant Treasurer, Jim Evans. Newly installed members include Edwin Haas, Mary Ellen McFarland and Betsy Roth. The Mayor said that she noted this group because of the important work this body does for the Senior Center and also their fund-raising efforts which have provided many extras at the Senior Center. Along with her congratulations and wishes for success, the Mayor thanked them for their leadership and their willingness to serve.

"State of the Schools" is tomorrow. The meeting will be at the Don Umerley Civic Center at noon.

LAW DIRECTOR'S REPORT:

Mr. Bemer reminded all Council members that, beginning with each new term, there is a statutory obligation to participate in Sunshine laws/public records training. A session will be held on Thursday, February 16 at the Galleria, part of the Presidents' Day seminar sponsored by the Law Directors Association in conjunction with the Metropolitan Bar Association. The public records law training is free of cost and will be in the morning session. As in past years, elected officials need not attend if they designate an attendee. Mr. Bemer volunteers to be the designee if Council members cannot attend. Those who wish to attend should notify him or the Clerk. The afternoon session, which concerns municipal law, does carry a fee.

MOTION:

Moved by Mr. Moran, seconded by Mr. Furry, that Ordinance No. 79-11 which was distributed this evening, be added to the agenda for consideration this evening.

Vote: Hunt - aye Shepherd - aye O'Donnell - aye Furry - aye

Arabian Whitman - aye Klym - aye Moran - aye

7 ayes 0 nays PASSED

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran welcomed Chris Klym who took the oath of office this evening, as the newest Council member. He said that he was looking forward to working with Mr. Klym. Mr. Klym responded that it was an honor and pleasure to be in attendance.

Mr. Moran also noted that Mr. Klym is the chairman of the Planning, Zoning and Economic Development Committee. The other committee assignments are as follows:

Safety Committee - Mr. Hunt

Buildings, Equipment and Technology Committee - Mr. O'Donnell

Contracts Committee, Judicial and Government - Mr. Shepherd

Environmental Committee - Mr. Furry

Parks, Recreation and Health Committee - Mrs. Arabian Whitman

Finance Committee - Mr. Moran

AUDIENCE PARTICIPATION:

Chuck Bartsche, 20200 Kramer Drive, addressed Ordinance No. 79-11 and said he wished to voice concern over upcoming actions by Council and the Administration. As elected representatives, he urged Council members to see that a tax increase is not a reality. He said a lot of hard work has been done to reduce costs, but more can and should be done. He recommended the formation of a citizens' committee to offer suggestions for greater efficiency. To the newly appointed officials, he said that every vote should not be 7-0. He said he did not want a divided city, noting that he works in Brooklyn where their short term tax gain will actually produce less revenue.

Emily Lyman,20185 Kramer Drive, addressed Ordinance No. 8-12, the salary ordinance. She asked Council to consider eliminating payment for members of boards and commissions such as the BZA, Design and Review and Planning. Those could be voluntary in response to civic duty. She said it would be a small savings, but would be a nice start. She would also extend this to the Civil Service Commission and the secretary.

AMENDED ORDINANCE NO. 48-11 BY JAMES D. SCHIEDA

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 301-18-038 FROM ITS PRESENT CLASSIFICATION OF OFFICE (O-3 100'), TO LOCAL BUSINESS (LB), IN ITS ENTIRETY, AS FURTHER DESCRIBED IN EXHIBIT "A"

3^RD READING

Moved by Mr. Moran, seconded by Mr. Furry, that Amended Ordinance No. 48-11 be passed as read:

Discussion: This ordinance has been amended from its original form in which the parcel would have been classified as General Business, to Local Business (LB) in keeping with the recommendation of the Planning Commission. The original classification was Office. The property is at the corner of Detroit Rd. and Parsons Ct. There was a public hearing this evening

Vote: Hunt - aye Shepherd - aye O'Donnell - aye Furry - aye

Arabian Whitman - aye Klym - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 79-11 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, 2012 AND TO REPEAL ORDINANCE 86-11

1^ST READING

Mr. Moran noted that this is the first of three readings on the 2012 budget. There have been many meetings prior to presentation of the budget. Mr. Moran thanked the Mayor and Finance Director Thomas for the work which has gone into this document. There will be more discussion on many details of the budget next week at the meeting of the Committee-of-the-Whole. The Charter required passage by March 31 as well as a public hearing before passage.

ORDINANCE NO. 7-12 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING THE ADJUSTMENT OF SEWER RATES PAID TO THE CITY OF LAKEWOOD FOR THE TREATMENT OF SANITARY SEWAGE

1^ST READING

Mr. Moran commented that this ordinance is necessary when the City of Lakewood adjusts its sewer rates. The rate is being raised to $3.90 from $3.62 and this will apply to 109 homes in the Valley View area whose waste is routed to the Lakewood treatment plant. Their bills are paid to the City of Rocky River at the Rocky River rate and the City in turn pays Lakewood.

ORDINANCE NO. 8-12 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AMENDING THE CREATION OF POSITIONS AND FIXING THE 2012 ANNUAL SALARIES AND HOURLY RATES FOR THE APPOINTED EMPLOYEES IN THE SEVERAL DIVISIONS AND DEPARTMENTS OF THE CITY OF ROCKY RIVER

1^ST READING

Mr. Moran explained that wages were reviewed by the Law Director and the Mayor. This ordinance will provide Council the opportunity for review and discussion at the next meeting of the Committee-of-the-Whole.

ORDINANCE NO. 9-12 BY MICHAEL P. O'DONNELL

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE COURTVIEW MAINTENANCE FOR THE ROCKY RIVER MUNICIPAL COURT FROM COURTVIEW JUSTICE SOLUTIONS, INC. AT A TOTAL COST NOT TO EXCEED $44,249.00

1^ST READING

Mr. O'Donnell indicated that this software is used for the Court's website and the public access and public viewing on that site.

• This is a maintenance contract for CourtView to maintain the website which has been operating since 1998.
• There is currently a five-year contract in place and the current payment is for one year of the contract.
• Mr. O'Donnell has spoken to Mr. Bracken, the Court's systems administrator who commented that both the Clerk of Courts and the judges are highly supportive of this system which is working well, allowing the Court to operate more efficiently because public documents are available on line.
• The cost will be paid from both the judges' technology fund and the Clerk's technology fund because both utilize and need the system.
• Mr. O'Donnell has reviewed the attached contract and, based upon his experience with similar contracts in his business, he said that it appears to be a standard contract. Because there is no rush for passage, he will seek three readings.

ORDINANCE NO. 10-12 BY JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A SECOND ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENT AND ADDENDUM AGREEMENT WITH THE ROCKY RIVER FIRE FIGHTERS, LOCAL #659, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS NORTHERN OHIO FIRE FIGHTERS, APPROVED BY ORDINANCES 138-08 AND 80-10, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Moved by Mr. Shepherd, seconded by Mr. O'Donnell, that the rule requiring that Ordinance No. 10-12 be read on three separate days be suspended, and that Ordinance No.10-12 be placed upon its passage:

Discussion: Mr. Shepherd explained that the City's fire fighters are under a CBA (Collective Bargaining Agreement) which began in 2009 and 2010 and continued in 2011. In that agreement, they would receive 2.5% increases in each year of the contract. The contract was modified last year to eliminate the increase in 2011 and extended the CBA an additional year with the 2.5% increase scheduled for 2012. During negotiations between the City and Local 659, the fire fighters have again agreed to defer the raise for another year so their pay rate will be the same as 2011. In return, the CBA will be extended to 2013 and the 2.5% raise will be deferred to that year. Mr. Shepherd said it should be stated that this bargaining unit displayed understanding and flexibility and it is very respected and greatly appreciated. From the City's perspective, there is no loss or reason to delay, particularly since the CBA should reflect their actual pay rate.

• Mr. Moran added his appreciation for their help during this challenging and difficult time. He wished to thank every member on behalf of Council.

Vote: Hunt - aye Shepherd - aye O'Donnell - aye Furry - aye

Arabian Whitman - aye Klym - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Shepherd, seconded by Mr. O'Donnell, that Ordinance No. 10-12 be passed as read:

Discussion: See discussion above.

Vote: Hunt - aye Shepherd - aye O'Donnell - aye Furry - aye

Arabian Whitman - aye Klym - aye Moran - aye

7 ayes 0 nays PASSED

Mayor Bobst noted the presence of Kevin Bednarski of the Fire Division and she extended great thanks to him and the other members of the leadership of the bargaining unit who took an active leadership role. She thanked them for their willingness to extend the contract another year to help the City balance its budget.

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

RESOLUTION NO. 3-12 BY JOHN B. SHEPHERD

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPORTATION COOPERATIVE PURCHASING PROGRAM FOR THE YEARS 2012 THROUGH 2013

2^ND READING

Mr. Shepherd indicated that this ordinance authorizes participation in the ODOT Cooperative Purchasing Program for 2012 and 2013. There is no cost to participate and the program has been successfully used in the past. This year it will probably be used for salt purchases and for emergency equipment purchases. This ordinances does not obligate the City to purchase through the program

ORDINANCE NO. 4-12 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH AECOM TECHNICAL SERVICES, INC. FOR CONSULTING SANITARY ENGINEERING SERVICES FOR THE ROCKY RIVER WASTEWATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED $185,980

2^ND READING

Mr. Furry indicated that this ordinance has been read twice and discussed at three meetings. It will authorize the WWTP to retain AECOM which has worked there since 2004. There are no increases in the contract which will be in effect for 24 months. Their work will include capital improvement projects and Mr. Furry noted that they have been on time and under budget in past work, providing expertise that is not available in house.

Moved by Mr. Moran, seconded by Mr. Hunt, that the rule requiring that Resolution No. 3-12 and Ordinance No. 4-12 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 O'Donnell - aye Furry - aye

Arabian Whitman - aye Klym - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Shepherd, that the ordinances of the Consent Agenda be passed as read:

Vote: Hunt - aye Shepherd - aye O'Donnell - aye Furry - aye

Arabian Whitman - aye Klym - aye Moran - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Moran pointed out that next Monday is the fifth Monday of January and there will be no Council meeting. The next meeting will be February 6 and the guest will be School Superintendent Dr. Shoaf who will speak on the proposal for the upcoming school levy.

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:39 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 January 23, 2012. These minutes may be revised or amended at the next Legislative Meeting