CITY OF ROCKY RIVER

JUNE 14, 2010

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, Dr. Schieda,

Mrs. Arabian Whitman, Mr. Moran

Absent: Mr. Mylen

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

Law Director: Mr. Bemer

Press: Ms. Toth

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Moran, seconded by Mr. Shepherd and Mr. Furry, that the reading of the minutes of the Legislative Meeting of May 24 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - aye Arabian Whitman - abstain

Furry - aye Schieda - aye Moran - aye

5 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 June 7 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - aye Arabian Whitman - abstain

Furry - aye Schieda - aye Moran - aye

5 ayes 0 nays 1 abstention PASSED

MAYOR'S REPORT:

Last Thursday Community Challenge, which has provided many excellent drug and alcohol prevention services for the children and youth of Rocky River, celebrated its 25^th anniversary. At the celebratory dinner, David LaRue, the COO of Forest City Enterprises, was honored for his support of the organization for many years. The Mayor noted that it was due to his efforts and the support of Forest City that the basketball challenge was launched. This event has now become an important fundraising tradition for Community Challenge. The Mayor commented that Council was represented by Mr. Furry, and Law Director Bemer was also in attendance.

This Thursday, the Cuyahoga County transition team will host a public forum and is seeking residents throughout the County to participate by contributing their views about county government and the transition. The meeting will be June 17 at 6:00 p.m. at the Brecksville Civic Center.

Also this Thursday, three Boy Scouts from Rocky River will be honored for earning their Eagle Scout rank at a ceremony at the Yacht Club: Charles Yingling, Alex Aloi and Henry Nisiobincki. Mayor Bobst will attend the ceremony and present City proclamations and letters of congratulations from Council members.

The Greek Heritage Festival begins on Thursday. The Mayor noted that Chief Wagner has indicated that a new system for the drive-through will make the process even more efficient than in the past.

The Mayor extended a special thank you to "Steppin' Out", a special show choir program at the Senior Center. Because of that event, $2000 was donated to the Senior Transportation Service.

A rain barrel art project sponsored by the Cuyahoga Soil and Water Conservation District has placed an artistically decorated barrel at the Don Umerley Civic Center which was designed by two students at Rocky River High School. An online auction will be held for those interested in purchasing the special barrels. In addition, a rain barrel workshop will be held July 15, and the Mayor expressed appreciation to participants who are contributing to the City's stormwater management program.

A free concert will be held this Sunday in Rocky River Park at 7:00 p.m. and will feature LaFlavour, a group which plays '80's and '90's music. All are invited to attend. The Mayor also mentioned that the last concert was recorded by Phil Ardussi of the Historical Society and can be seen on Cox Cable on Sunday evenings at 9:30 p.m.

Discussion: Mr. Furry asked about the status of the Lake Road project. The Mayor and Mr. Linden indicated that a pre-construction meeting has not yet been scheduled, but estimated that the project would be mobilized in July. The Mayor noted, however, that an ad campaign is under way urging loyalty to Lake Road businesses. Signage is also being created.

Mrs. Arabian Whitman added to the Mayor's Report concerning the St. Demetrios Greek Heritage Festival which will begin on Thursday, June 17 and go through Sunday, the 20^th, opening each day at ll:00 a.m. with extended hours on Friday and Saturday. There will be dancing and specialty foods with take out available and, this year, online ordering. The church is at 22909 Center Ridge Road and the website with details is greekfoodtogo.com.

LAW DIRECTOR'S REPORT:

Mr. Bemer reported that last Thursday, June 20, the BZA had its first opportunity to apply the new Development Code. He noted that Dr. Schieda was in attendance, and that the application of the new regulations went smoothly.

This Thursday, there will be a meeting of the Records Commission. Mr. Thomas, as secretary, is receiving the final retention schedules from the last department of the City. Mr. Bemer recognized that following this meeting, the City could be in full compliance with record retention schedules for every department.

The Civil Service Commission is in the process of testing for senior officers of the Police Division, lieutenant and chief. That process has begun in earnest with testing for those positions.

The City is in the process of officially accepting the first real estate parcel into its land bank. The County reutilization process allows a municipality to accept property that is tax delinquent. Last week the deed to a property on South Bend which has been accepted was received. This is not a buildable lot, but will be added as green space to the community. The City, through the efforts of the Mayor, hosted a meeting with County reutilization officials and West shore cities to inform the cities how they can utilize County services in assisting with land acquisitions.

• The Mayor asked for clarification of whether the property acquired is in the City land bank or the County land bank. The Law Director said it was in the City land bank which was created in the 1990's. He further commented that this is the first parcel accepted, as others offered provided no benefit to the City. Although not buildable, this property will add green space.



• Mr. Moran asked if there is a possibility it could be attached to the adjacent property which would benefit the property owner and relieve the City of the maintenance responsibility. Mr. Bemer said that this was a good suggestion and that one of the options available is to seek out contiguous property owners to see if there is interest in all or part of the parcel. Plantings or gardens have also been done in other cities with acquired properties. Mr. Linden confirmed that in the past, there have been discussions of the purchase of this property by adjacent property owners.



• Dr. Schieda asked about the zoning of the property. Mr. Bemer said that it is zoned as residential.



• Mr. Shepherd asked if there is a distinction between the City's land bank and City-owned property. Mr. Bemer said that the way the statutory authority is created, cities may accept properties (taxes are abated so there is no cost) and the deed comes to the Rocky River Land Utilization Bank. There are no restrictions in the use of the property and it can be held and later transferred or conveyed to a third party. The land bank is the statutory vehicle by which a municipality can acquire property that is tax delinquent.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran noted that the Mayor and Councilman Furry were present at the DARE graduation last week, and both reported that the event was a great success in spite of the weather. Mr. Furry praised the Recreation Department which did a great job, and the Mayor added that the parents were very organized and were a great part of the event's success.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 35-10 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO EXERCISE AN OPTION TO RENEW AN AGREEMENT TO PURCHASE JANITORIAL SUPPLIES FROM OHIO VALLEY SUPPLY & MAINTENANCE CO. FOR AN ADDITIONAL ONE YEAR PERIOD AT A COST NOT TO EXCEED $30,000.00

1^ST READING

Mr. Moran explained that this is year two of a three-year contract which was renewed with no increase in prices. There will be further discussion at future meetings.

ORDINANCE NO. 36-10 BY JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY SERVICE TO ENTER INTO AN AGREEMENT WITH UTILICON CORPORATION FOR THE EMERGENCY WATER MAIN REHABILITATION WORK ON LINDA STREET AT A COST NOT TO EXCEED $36,400.00

1^ST READING

Moved by Mr. Shepherd, seconded by Mr. Furry, that the rule requiring that Ordinance No. 34-10 be read on three separate days be suspended, and that Ordinance No. 34-10 be placed upon its passage:

Discussion: Mr. Shepherd briefly explained the improvement needed to increase water volume for the new restaurant being established on Linda Street as well as the other existing business. Without sufficient volume, the businesses are at risk with their fire suppression systems having sufficient pressure but not volume. The Law Director has ruled that public bidding is not necessary under Charter Article VII, Section 4. Utilicon has performed well in previous contracts with the City for Gasser and Hampton.

Safety-Service Director Linden added that the City will reline and connect a 6" line into an 8" line off Ingersoll Drive..

Vote: Hunt - aye Shepherd - aye Arabian Whitman - aye

Furry - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Shepherd, seconded by Mr. Furry, that Ordinance No. 34-10 be passed as read:

Discussion: See discussion above.

Vote: Hunt - aye Shepherd - aye Arabian Whitman - aye

Furry - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 37-10 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE ESTABLISHING THAT ROCKY RIVER CITY COUNCIL SHALL RECESS DURING THE MONTH OF AUGUST IN 2010

1^ST READING

Mr. Moran commented, that as has been Council's tradition for many years, Council will recess during the month of August.

MISCELLANEOUS BUSINESS:

The Mayor thanked Cleveland Magazine for the Rocky River insert in the Rating the Suburbs issue now on newsstands. Those issues sent to commercial accounts did not have the insert, and the magazine will enclose it with the next issue. She also acknowledged the advertisers who made this supplement possible.

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:31 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council