CITY OF ROCKY RIVER

MARCH 16, 2009

The Committee-of-the-Whole was called to order by Mr. Moran, President of Council, at 8:00 p.m.

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Furry, Mrs. Arabian Whitman

Mr. Mylen, Mr. Moran

Absent: Mr. Long

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

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The servers in the Police Department have begun to fail. Since critical information is stored there and interfaces with other software and hardware, the servers must be replaced. The funds will come from the POPAS Fund.

For next week's police examination, 150 persons have registered. The test will be on Wednesday, March 25 and this Friday is the last day to sign up.

An active program of placing restrictors in Ward 4 has resumed from its beginning last summer. These restrictors replace the sandbags which slow the water flow into storm sewers. Crews led by the Safety-Service Director, Service Commissioner Winterich and Don Janik are placing the restrictors.

Regarding the stimulus package, the Mayor reported that the City has completed submission of requested data and confirmations of receipt have been received. The Mayor has asked the ODOT District 12 Director, Bonnie Teeuwen, about the process from this point. The original deadline for projects to be submitted to the Federal Highway Administration has been extended from March 17 to March 31. The Director also said there was no reason not to move ahead with anticipated projects. Ms. Teeuwen explained ODOT's role in selecting among the submissions and the variables being assessed at ODOT, the EPA and other agencies which choose how economic stimulus funds will be disbursed. One interesting fact is that once selections are made, ODOT will have 120 days to use 50% of its funding. Of the 8000 projects submitted to the state's recovery website, about 4600 were transportation projects. Because 50% must be spent within six months, those projects which are already engineered or nearly so will be closely reviewed. The remaining 50% of funds will be used within the year.

April is Computer Recycling Month. Residents may place computers or other hardware on the tree lawn during regularly scheduled refuse collection days.

Chief Flynn, on behalf of the City, has applied for a fire grant for EMS equipment and training. Award amounts are based upon how many EMS agencies apply for a portion of the $4 million which was collected from seat belt fines. The top priority is for the purchase of equipment and related training. Word of any funds awarded will be received by June 1.

In news from the Recreation Department:

• •The skate park was inspected today and will be open if inspection requirements are met.

• •440 high school and middle school students participated in a dodgeball competition this weekend.
• •Tickets are now on sale at the ice rink for the ice show which will be Saturday March 28 and Sunday, March 29.

Discussion: Mr. Furry asked about the restrictors and whether they will be visible to residents. The Mayor said that they are located in the catch basins. Mr. Linden added that the City used to use cement and brick to reduce the size of the catch basin by half. An innovator in Fairview Park has developed a five-gallon bucket which fits inside a 12" pipe so part of the bottom can be cut out of the bucket and it can be secured with rebar (a metal rod) to retard the flow and hold water in the catch basin longer. The City has now purchased 240 buckets and will begin installation in Ward 4 which feeds the Westway interceptor. This process will eventually eliminate sandbags in all the wards.

• •Mr. Mylen noted that when catch basins were altered they were painted green, and wondered if that practice will continue when the buckets are installed. In this way, residents know that the sandbags have been replaced by another device. Mr. Linden said that green paint will continue to be used.

Mr. Furry also noted that during April, computers can also be dropped off at the Service Garage and wondered where specifically to take the computers; he also wondered if monitors are accepted. The Mayor responded that both computers and monitors will be accepted at the transfer station.

UNFINISHED BUSINESS:

Ordinance No. 5-09: Mr. Moran explained that this ordinance, which has been read twice, authorizes changes to the appropriations ordinance and must be passed by year's end. The major changes are in the Fire Department salary line and a change in the purchase of a police car. He said that he will move for passage next Monday.

MISCELLANEOUS BUSINESS: NONE

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Ordinance No. 7-09: Mrs. Arabian Whitman presented the annual ordinance to buy T-shirts for Recreation and other City departments. Three bidders participated and the recommendation of the Recreation Department is the supplier of the last few years, National Screen, which was the lowest and best bidder. She noted that they have done a good job for the City in the past. (Consent Agenda)

Ordinance No. 8-09: Mr. Hunt explained that this ordinance will authorize a contract with Mackay Engineering for another year of consulting engineering services. The current contract will expire on April 17. In the new contract an increase of 2.25% has been requested in the retainer and the hourly rate.

• •The Mayor listed the projects being completed for 2008 and those to be undertaken in 2009. She noted that this does not include any projects which may be approved and funded by the economic stimulus funds.

For 2008, Lake Road reconstruction and resurfacing design

Elmwood Road design

Valley View water and sewer design (water line replacement)

Preliminary design for salt barn

Westway resurfacing

2008 Paving Program

For 2009, Lake Road reconstruction and resurfacing, Phase I

Lake Road construction administration for Phase I

Elmwood Road design

Elmwood Road construction administration (this spring)

Valley View water line and sewer design, continued

Valley View water line contract administration

Hampton interceptor design commencing in 2009

2009 Street Paving and Repair Program

Detroit Road Streetscape design

The Mayor reiterated that any additional economic stimulus projects are not included in this ordinance.

• •Mr. Furry, commenting that the City no longer has an in-house engineer, questioned the 2.25% increase, the same as for City employees, when Mr. Mackay is an independent contractor.



• •Mr. Mylen asked if these rates have been compared with those of other engineering firms. The Mayor responded that because these are professional services, they need not go to bid. She noted that because many large projects are in the midst of completion, any engineering change would be very difficult. She noted that when the City had its own engineer, very few, if any projects were engineered in house. She also indicated that Mackay's hourly rates are in keeping with current rates received, for example, in the proposals for the Sewer Flow and Strength Study.



• •Mr. Moran noted that there were substantial savings when Mackay Engineering was engaged. Although competitive bids are important, it is essential that the engineer understands the City. Mr. Linden noted that Mr. Mackay was hired following requests for proposals by the Knoble administration, and that he was the best at the time. The Mayor commented that his projects have been well-engineered, on time and on budget. Avoiding problems has saved money and inconvenience to residents.



• •Mr. Furry said he did not wish to change, but hoped that this would be the lowest and best proposal. Mr. Bemer pointed out that it is difficult to assess engineering services. At this juncture, Mr. Mackay has "special and peculiar" services, a personal expertise which enables him to do the job well. Lower bids could be received, but no one who has worked with Mr. Mackay would contemplate a change because of the level of expertise he has exhibited together with Kim Kerber, another engineer from his office. His expertise is most valuable and he knows municipal law and engineering which serves him well here and in other communities he serves.



• •Mr. Linden added that Mr. Mackay is also working with Fairview Park which contributes to the WWTP. The programs he engineers for them helps Rocky River, too. He called this firm a good fit and said he would not like to change now.



• •Mr. Shepherd wondered how the company's professional liability insurance fees will be allocated when working with other cities and outside services are engaged.

Mr. Hunt commented that he will look forward to hearing from Mr. Mackay.

Ordinance No. 9-09: Mr. Furry called upon Mr. Jeff Harrington, Superintendent of the WWTP to explain the Sewer Flow and Strength Study. Mr. Harrington indicated that RFP (Requests For Proposals) had been sent out and he, the Mayor and Engineer Mackay had reviewed the results.

URS, the recommended firm, has done the study twice in the past and has also done quite a bit of work for Rocky River, Westlake, Fairview Park and other west shore communities. He said they have considerable expertise in this type of study, and their fee was reduced through negotiation. The cost for this study, $48,905 is within the budget. In 2006, (at the request and expense of Bay Village) fees were in the mid-$40,000 range; in 2005, $44,500, and in 2000, $58,500. The cost has not risen disproportionately, particularly when considering that this is a 60-day study compared with past studies of 30 days. The firm has been discussed with the Management Committee which represents the other participating cities.

Mr. Furry added that the study is done with shared expenses every three years to determine the share of costs to be borne by each city. Any city dissatisfied with the results may repeat the test at its own expense.

• •Mr. Hunt asked, based on past experience, where the superintendent expected Rocky River to be in this study, particularly in view of the proactive steps taken regarding the sewer system. Mr. Harrington said he hoped it would improve, particularly with the installed restrictors, but he noted that in the share paid in 2006 was 29.4%; in 2005, 29.53% and in 2000, 28.35%.



• •The Mayor asked Mr. Harrington to discuss the two alternate bids included, the I & I (Inflow and Infiltration) and modeling. She said she wanted Council to be aware that two additional studies may be added to this process, but the Management Committee has not engaged URS to do so at this time.

Mr. Harrington said that the additional work discussed with the Management

Committee was performing an I & I analysis study which would use the current flow numbers, but which can be done at a later date with information from each City. It would result in a baseline number to see how much each City has in inflow and infiltration. The test could be repeated in eight years following remedial steps to see what measurable improvements have been achieved.

The SWMM Model would be another separate project at a separate price, if the Management Committee decides to proceed. This study would look at the existing sewer system and predict how much flow the plant would see in certain storm events. The SWMM modeling study would not take into account any additional improvements. Another more comprehensive study would build in projected improvements. Monies for these studies have been budgeted, but further discussions will be held by the Management Committee. (Consent Agenda)

Ordinance No. 10-09: Mr. Furry explained that this is a "housekeeping" issue since Metcalf & Eddy, which was established in 1907, is merging with its parent company, AECOM Inc., a worldwide provider of sanitary engineering services. To enable them to be paid under their present contract with the City, this ordinance must be passed. (Consent Agenda)

Ordinance No. 11-09: Mr. Hunt explained that this ordinance would authorize a contract with Utilcon for Phase I of the Valley View Sewer Project, the relining of the water main. Three bids were received; Utilicon was significantly less than the highest bidder and also less than the second bidder. This phase will be followed by sewer replacement and then the final phase will be connection to the Lakewood Wastewater Treatment Plant. He asked Mr. Linden about the disparity in the bids.

• •Mr. Linden said that the City had a good experience with Utilicon when it worked on Lakeview and Gasser and that it is a good firm. He said he believes the cost is less because they want the work, and asked for passage so the project can start. When that happens, the next phase can be prepared for bids. Mr. Shepherd noted that the high bidder was not local but the two lower bids are.

• •Mayor Bobst commented that for budget purposes, this phase of the Valley View Sewer Project was estimated at $600,000 - $800,000. After the first of the year, bids were seen to be reduced, so the estimate was reduced to $600,000. Because a good firm with which the City has had experience has bid $306,498, the City will realize great savings and the Mayor said she was very pleased about this contract. (Consent Agenda)

Ordinance No. 12-09: Mr. Hunt explained that this ordinance authorizes a contract with Konstruction King for the 2009 Concrete / Sidewalk Program. These funds are held ready in reserve in the event of an emergency which requires repair of sidewalks or other concrete work. He said the contract should be in place in case of emergency, but no funds will be spent unless the emergency arises.

• •Mr. Moran asked if the City has dealt with Konstruction King in the past. Mr. Linden said that it has not, but neighboring communities of Fairview Park, Westlake and Bay Village have given them a good recommendation. Mr. Mackay has also worked with the company. (Consent Agenda)

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran noted that street sweeping and patching crews have been active in the community. He pointed out that they were using the new equipment which heats asphalt to patch the streets and does a better job.

As there was no further business by members of Council, the meeting was adjourned at 8:46 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council