CITY OF ROCKY RIVER

JUNE 28, 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. Furry, that the reading of the minutes of the Legislative Meeting of June 14 be waived, and that the minutes be accepted as submitted.

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

Furry - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Moran, seconded Mr. Shepherd, that the reading of the minutes of the meeting of the Committee-of-the-Whole of June 21 be waived, and that the minutes be accepted as submitted.

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

Furry - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

MAYOR'S REPORT:

The first draft of the fire consolidation study is now available to Council members. This 471-page draft includes inventories and descriptions of participating departments, and an analysis of the feasibility of a consolidated fire district as well as 29 recommendations. The Mayor has prepared electronic copies or a printed copy is available to Council members in her office. The document is now being examined for accuracy by the Fire Division and the Finance Director in Rocky River and in the other participating communities. When that process is complete in early August, work will begin on a final draft for public distribution.

A prescription drug discount card program has been arranged by the County Treasurer, Jim Rokakis. Under this plan, residents may be eligible for discounts for any prescription not covered by insurance. The plan is easy to use with no enrollment fees and no cost to residents or the County. Discount drug cards will be available at City Hall, the Senior Center and the Recreation Department.

The pool will host the red, white and blue cookout on Saturday, July 2. All are invited.

The Mayor then discussed the Lakewood Dog Park, explaining that over the weekend, some residents received a communication regarding the litigation between Rocky River and Lakewood. The mailings were sent to dog owners and area homeowners most directly impacted.

Acknowledging that Council is aware of the hard work and efforts that have been expended trying to resolve this issue, she stated that she felt it is now important to publicly discuss the issue.

As background, the Mayor outlined some history of the dispute:

• The Dog Park was established in the summer of 2003. At that time, it was recognized that the barking was producing nuisance noise for a number of Rocky River residents who came to Council meetings and sent petitions.
• In the spring of 2004, City Council passed a resolution asking Lakewood to enforce its dog barking ordinance. There were a number of discussions with Lakewood.
• Numerous meetings have been held with the administrations of both cities in an effort to resolve the issues. Mayor Bobst has met with Lakewood Mayors George and Fitzgerald to discuss no cost or low cost ways to address the dog barking nuisance.
• The Mayor emphasized that, contrary to some publicity, Rocky River does not want to close the Dog Park. Rather, the City is looking for practical, low cost solutions to the noise problem. In the City's research, it was found that location is the greatest factor in the success of a dog park. Some proposals have been mounding, heavy landscape buffering, and baffles or the use of other acoustical materials.
• Several months following meetings, Lakewood responded that a possible solution could be the use of acoustical materials at a cost of approximately $57,000 of which $5000 would be paid by Lakewood and $5000 by the Friends of the Dog Park. Under the proposal, Rocky River would pay the remaining $47,000 to resolve an issue, the Mayor indicated, that it did not create.
• The Mayor had a meeting with the leadership of the Friends of the Dog Park and Mayor Fitzgerald to discuss matters, but unfortunately, these discussions did not result in a resolution.
• For the past several years, following attempts to solve the matter, both cities have been involved in litigation.
• A co-plaintiff, Mike Buddie, owns a construction company and offered to do all the site preparation which would enable the Park to be moved to the other side of the Lakewood WWTP. Understandably, Mayor Fitzgerald has asked for assurances that the noise in the new location would not impact Lakewood residents. Both cities agreed to finance an acoustical evaluation that was completed over the past two weeks. A report will be submitted by Wednesday in time for the meeting with the judge scheduled for Friday in an effort to find a resolution prior to the court date.

The mailing over the weekend focused on the amount spent by the City without a full explanation of the good work by so many to try to resolve the problem in no cost or low cost ways. The Mayor commented that River residents have been involved for seven years, noting that it is not only the two plaintiffs, but many other families that have been engaged in all aspects of this situation, including financial.

Law Director Bemer also commented, saying that it was disheartening that the focus of the mailing was accountability for using community resources to pay for litigation for abatement of a public nuisance. The Law Department has responded to e-mails that were known to be sent by Rocky River residents explaining the philosophy of the City in terms of use of resources, whether for this matter, or for other sound issues such as airport noise, train studies or sound barriers for I-90. Expenditures for this type of study are within the normal business of the City.

The case is scheduled for a bench trial on July 8. Mr. Bemer indicated that although there are two plaintiffs, as many as 20 families attended the initial meeting. He explained that the noise is partly created by an echo effect which bounces off the cliff, travels up the hill and is magnified and redirected.

The Law Director pointed out that the City has met with and been responsive to the Friends of the Dog Park and responding to public records requests, but he noted that every effort to mediate has been generated by Rocky River. He praised the efforts of Mike and Carol Buddie who have offered to pay for the costs of moving the Park to a location behind the WWTP in order to create an additional buffer for the noise, and he is hopeful that this may lead to a positive result. He expressed disappointment that there has been no reciprocal response from Lakewood to come forward with a viable agreement or to accept suggestions such as limiting the hours, limiting attendance by membership, barking dog silencers, muzzling dogs or relocating. He said that Rocky River has done everything possible and it is time that the story is told of the efforts made before resorting to litigation.

The Mayor thanked Rocky River residents who have asked for details and more information, acknowledging that there is more to the story than they have been told. She expressed appreciation to the Law Director for compiling a history of the City's efforts to resolve the situation.

Finally, the Mayor requested an Executive Session under Article X, Section 6, Subsection (1) to discuss a personnel matter.

Discussion: Mr. Hunt commented that as a member of Council for some of the period of discussion and efforts to resolve the situation, that it has never been about closing the Dog Park. He also said that inquiries for details of the negotiations has been nice to see.

Mr. Shepherd said that in answer to those who may say that the City's side of the story should have been publicized earlier, he understands that in any negotiation, it may be better not to do so in the press, particularly when the last resort of litigation is reached. He said that he supports the Administration's decisions.

Dr. Schieda asked if any information has been published on the City's website. The Mayor said that so far, the City has avoided publicizing the issue during negotiations. He also asked if information about the County's prescription drug discount card will be on the website. The Mayor said it was a good idea and would be pursued.

LAW DIRECTOR'S REPORT:

Mr. Bemer indicated that he had nothing to add to his comments above.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran indicated that the next meeting will be on Tuesday, July 6 because of the July 4 holiday. He also noted that at that meeting, Kory Koran, Director of Economic and Community Development will be present to deliver his quarterly report.

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

2^ND READING

Mr. Moran explained that this is year two of a three-year contract which will be renewed with no increase in prices. He noted that their service has been very good. The third reading will be in two weeks.

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

2^ND READING

Mr. Moran noted that this is the traditional month for Council recess. He will move for passage at the next Legislative meeting in July.

ORDINANCE NO. 38-10 BY JOHN B. SHEPHERD

AN ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO A CONTRACT WITH CROSSROADS ASPHALT RECYCLING, INC. FOR THE 2010 CRACK & JOINT SEALING PROGRAM IN AN AMOUNT NOT TO EXCEED $69,840.00

1^ST READING

Mr. Shepherd indicated that three bids were received of which Crossroads Asphalt Recycling was the lowest. The bid is priced for 8000 gallons of Type III Sealing and the funds will be taken from Capital Improvement funds. He anticipates a second reading at the next Legislative Meeting.

ORDINANCE NO. 39-10 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 $185,418

1^ST READING

Mr. Furry remarked that Council members have received a summary prepared by WWTP Superintendent Harrington. Because the current contract expires on July 31, he would like to pass this ordinance in July.

This ordinance authorizes a continuation of the retainer for monthly services, settled sewage pump station by-pass and construction services, new asphalt paving design and construction services and miscellaneous engineering as directed by the City. The fees for the retainer have not changed and the expenditures were included in the 2010 budget. Project construction will probably not begin until 2011. Mr. Furry further explained that the by-pass is a redundancy required by the EPA. All contracts have been reviewed and approved by the Management Committee, Law Director Bemer, and WWTP Special Counsel Matty.

Mr. Shepherd asked about changes in rates for some personnel for professional services. Mr. Furry said that some responsibilities have been changed, but the total approved is capped at that amount.

Mr. Moran complimented Mr. Harrington on his report, noting that it answers many questions before they are asked.

MOTION:

Moved by Mr. Moran, seconded by Mr. Furry, that, at the request of the Mayor, an Executive Session be held prior to adjournment to consider the appointment or employment of a public employee or official under Article X, Section 6, Subsection (1) of the Charter.

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

Furry - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Furry commented, that, with the coming of the Lake Road Project, everyone should be encouraged to patronize businesses along that road. In discussing the situation with shoppers and personnel at the Lake Road Market, he has come to appreciate the importance of continuing to shop at or switching to these businesses.

• The Mayor added that the Administration is reviewing all signage. In addition to ODOT signage, directional signage will be erected promoting businesses along Lake Road. An advertisement has been placed for the "Stay Loyal to Lake Road" campaign which will also continue in other ways to remind customers to continue to frequent those businesses.

Mr. Moran also thanked Karen Goodson of CEI for updates on damage from the recent storms which, fortunately, had a limited impact on Rocky River.

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 (1).

No further business was discussed, and the meeting was adjourned following the Executive Session at 8:50 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council