CITY OF ROCKY RIVER

MARCH 3, 2008

The Committee-of-the-Whole was called to order by Mr. Moran, President of Council, at 8:03 p.m.

Council Members Present: Mr. Shepherd, Mr. Mylen, Mr. Furry, Ms. Arabian,

Mr. Long, Mr. Moran

Absent: Mr. Hunt

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

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

On behalf of Council and her Administration, Mayor Bobst extended best wishes for a speedy recovery to Mayor Earl Martin, former mayor of Rocky River for 24 years who is in the hospital.

Sewer bills will be delayed by a couple of days because of technical difficulties which have now been worked out. E-updates were sent to residents to inform them of the delay.

The Basketball Challenge Cup game will be held this Friday. Participants should arrive between 5:30 and 5:45 p.m. The Mayor expressed confidence that the trophy will remain with the City Hall team and will continue to be housed in her office.

Last week the Mayor appointed Pam Gorski to be an alternate on the Planning Commission. Ms. Gorski is an attorney who worked in the City of Lakewood, served on its Board of Zoning and Building Appeals and the Building Standards and Architectural Review Committee when it was first established. She has been involved in many civic organizations and brings depth and breadth of experience to the Commission.

The City has been awarded a grant by the Department of Justice which provides funds for bulletproof vests. Through that program three new vests were purchased: one regular vest and two for SWAT use.

An application has been submitted for a recycling grant through the Cuyahoga County Solid Waste District to update the Service Division's recycling brochure. The City has been notified that the grant will be recommended to the County Commissioners, so the Mayor is hopeful that the funds will be received.

Work is being done on a collapsed culvert at Elmwood Cabin. Director Patterson has sent a letter to everyone who has reserved use of the cabin to alert them that parking will be a concern because of the repair. The back area close to the baseball field will be the most impacted, and parking will be severely limited. Carpooling is recommended.

The Mayor then distributed copies of City Engineer Michael Mackay's analysis of the revised City of Cleveland Water Services Agreement.

The family slide at the Don Umerley Civic Center will be re-installed tomorrow. In other Recreation Department news, 44 high school and middle school dodgeball teams have enrolled in the City's program. This dodgeball program won an award for creative youth sport activity from the Ohio Parks and Recreation Association.

Tomorrow an organizational meeting will be attended by Economic and Community Development Director Kory Koran and D.B. Hartt and his staff to determine a date for the Planning Commission to commence work on updating the Development Code.

The Mayor reminded everyone that tomorrow is primary election day and polls are open from 6:30 a.m. to 7:30 p.m. She urged all to exercise the right to vote.

Finally, the Mayor requested an Executive Session under Article X, Section 6, Subsection (2) of the Charter to discuss the purchase of property for public purposes.

Discussion: Mr. Moran recalled that last year Council discussed the Cleveland Water Services Agreement. Questions arose, and in light of changes made to the document, Mr. Moran observed that it might be worthwhile to hear from the Division of Water, although no time or date has been set as yet.

Mr. Moran asked about the collapse of the storm sewer culvert at Elmwood Cabin. Mr. Linden explained that the problem is centered in the Elmwood Rd. storm sewer which travels down that street to a 4'x4' culvert which empties into Elmwood Park. The storm sewer culvert has collapsed and is being replaced by the City. In order to replace the pipe, the road must be removed and will be replaced following the repair. Mr. Linden predicted that, weather permitting, the repair should be completed in time for the start of the spring sports season

MOTION:

Moved by Mr. Moran, seconded by Mr. Shepherd and Mr. Furry, that, at the request of the Mayor, an Executive Session be held prior to the termination of tonight's meeting to discuss the purchase of property for public purposes under Article X, Section 6, Subsection (2) of the Charter.

Vote: Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

UNFINISHED BUSINESS:

Amended Ordinance No. 100-07: Mr. Shepherd explained that this ordinance will amend the Code to include right of way legislation and has been under review by the Law Department. The revision is now been complete and was distributed to Council members this evening.

• •Mr. Bemer indicated that he had seriously considered two letters of comment received from attorneys who represent AT&T, Dominion East Ohio Gas and CEI. In response to their suggestions, a number of modifications were made. The right-of-way legislation that exists under statute provides for 45 days' notice to the PUCO prior to any final passage. He had submitted the proposed legislation in December, but he has a concern that, based on the substantive changes made, a renotification including the new draft may have to be made. Council discussion and its procedure, however, could proceed.

Mr. Shepherd noted that the penalties and civil remedies have been deleted, and he asked about enforcement.

• •Mr. Bemer responded that it is regulatory in nature, and case law indicates that the PUCO determines any penalties or sanctions. That was the basis for removing criminal sanctions. He noted, however, that within the legislation, there are areas of revocation of approval, etc. in the absence of compliance. Mr. Shepherd clarified that by regulatory, Mr. Bemer's meaning is that the City would go to the PUCO with any violation of its rules. Mr. Bemer confirmed this, and that the PUCO would not use local legislation for the basis of a regulatory action.

Mr. Furry asked if Mr. Bemer's opinion is that a public hearing should be held, based upon the response to the equipment required by Project Lightspeed.

• •Mr. Bemer commented that this was not identified as legislation prepared in response to Project Lightspeed, although it was one of the motivating factors. One other factor was the location of utility lines in construction projects and problems which resulted in the lack of information about the location of the lines and the City's responsibility. Buffering was also considered and dimensions concerning locations of above-ground utilities as well as many other factors. This legislation seeks to providefor the basic health, safety and welfare of the community in addressing all utility use. Further, Mr. Bemer received more comment from the other utilities. Mr. Bemer also mentioned that he had shared the first draft with the Economic and Community Development Director and the Building Commissioner whose opinions were very valuable to him. Kevin Beirne, in particular, will be charged with enforcement. The City Engineer has also been part of the process.

Mr. Moran noted that there has been a great deal of resident comment on both sides of the subject, so this piece of legislation is important and should not be rushed.

• •Mr. Bemer also said that the Mayor had pointed out that a further review by the Planning Commission may be in order because of the significant nature of the modifications.

As a former member of the Commission, Ms. Arabian agreed, indicating that the Commission took great interest in the initial legislation and she felt it would be appropriate to have a further review.

• •The Mayor suggested that Council review the legislation before forwarding it to the Commission.

Ordinance No. 24-08: This ordinance authorizes the purchase of pool chemicals. Ms. Arabian explained that the ordinance has been on hold because the low bidder was bought by the higher bidder and an issue remained regarding the delivery charge. She called upon Recreation Director Patterson to explain the present status. He advised Council that he had spoken to a representative from OP Aquatics who sent him an e-mail confirming that they would honor the lower price with no delivery charge as agreed, so this ordinance can go forward.

• •Mr. Moran pointed out that their honoring the contract in the midst of all the changes being implemented makes a strong statement about the company and the potential for doing business in the future. Mr. Patterson said that the City had a long history with OP Aquatics (formerly known as Ohio Pool) and that last summer was the first time the City had dealt with Whitmer. He said that there are really no other companies in the pool chemical field in the Cleveland area.

Ms. Arabian indicated that the ordinance will be amended by substitution for next week's agenda.

MISCELLANEOUS BUSINESS:

Ordinance No. 32-08: Because Mr. Patterson was in attendance, Council proceeded with a discussion of Ordinance No. 32-08. The Recreation Director explained that it is the practice of the Recreation Department to review pool fees and typically raise them every other year. This ordinance reflects those increases, which range between 8% and 10%. Other changes include adding categories to allow non-resident City senior employees to purchase memberships at resident rates and non-residents employed in Rocky River to pay a daily admission and a fee identical to the guest fee. The latter has worked well in a similar situation in Beachwood. All fees were unanimously approved by the Parks and Recreation Commission.

• •Mr. Shepherd asked about the increases of 8% to 10% and wondered if they would level off at some point. Mr. Patterson explained that expenses continue to rise, including pool chemicals and a rise in the minimum wage which impacts labor costs. Mayor Bobst also clarified the point that this increase is for a two-year period, not an annual increase.
• •Ms. Arabian asked if these rates are competitive with those of other cities. Mr. Patterson said that it was, and distributed a comparison chart showing rates in Lakewood, Bay Village and Westlake, noting that Rocky River's pool is the newest, but the rates are competitive, even with the increases.
• •Mr. Mylen asked how many passes are sold to non-residents who were grandfathered in 2005 at the time of the building of the pool. Mr. Patterson said that the number is down to approximately 30.
• •Mr. Moran asked about competition from private pools in the City, but determined that it should not be a factor.
• •Mr. Long asked if the maximum number of passes had been sold to non residents employed in Rocky River. Mr. Patterson said that 49 of the 100 possible had been sold last year.

Public Records Seminar: Mr. Moran reported that he and Councilman Furry had attended today's seminar on behalf of all members of Council. A great deal of information was disseminated on Ohio's Sunshine Law and records laws at the seminar. He encouraged everyone to attend a future session; Councilwoman Arabian is already enrolled in a September seminar.

Newly-Elected Officials' Regional Training Series: Ms. Arabian reported that she had attended this all-day seminar sponsored by the Ohio Municipal League on Saturday. She said that it was very worthwhile and the topics were excellent.

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Ordinance No. 30-08: Mr. Furry explained that this ordinance will authorize the purchase of four flow meters which will be part of the City's stormwater management program, the 25-year remediation plan. By going directly to the manufacturer, Mr. Linden has saved the City $6000. This purchase is in the budget.

• •Mr. Shepherd asked if the meters can be used in other locations, or if they are stationary fixtures. Mr. Linden said that they can be removed and used all over the City. (Consent Agenda)

Ordinance No. 31-08: Mr. Mylen indicated that this ordinance will authorize the purchase of an asphalt hauler at a cost of $17, 851. The equipment will be purchased under provisions of the State Cooperative Purchasing Act.

• •Mr. Linden said that he would like to have it passed next week, if possible, so that if the weather improves, large chuckholes all over the City can be repaired. He added that the Service Department has wanted a truck like this for years because it heats the asphalt, keeping it warm. At present, no truck in the City's fleet can do this. This would enable workers to heat the cold patch in the winter, making it more pliable and easier to apply. Technology has improved steadily over the past 25 years, and the units are now safe and would help the City to maintain its streets.



• •Ms. Arabian asked about the life expectancy of this equipment. Mr. Linden said that it is about 25 years. This will not change the materials being applied, but will keep the materials pliable all day, necessitating fewer trips back to the plant. It is included in the 2008 budget. (Consent Agenda)

Ordinance No. 32-08: Ms. Arabian indicated that this ordinance deals with swimming pool fees as discussed by Director Patterson. This is a standard 8%to 10% increase which is necessary every two years. It should be passed promptly so that it will be ready for the printing of the spring brochure mailed to residents. (Consent Agenda)

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

As there was no further business by members of Council, members adjourned to the Executive Session at 8:45. No further business was discussed following the Executive Session.

The meeting was adjourned at 9:22 p.m. following the Executive Session.

________________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council