CITY OF ROCKY RIVER

APRIL 6, 2009

The Committee-of-the-Whole was called to order by Mr. Moran, President of Council, at 8:02 p.m.

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Mylen, Mr. Furry,

Mrs. Arabian Whitman, Mr. Long, Mr. Moran

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

Law Director: Mr. Bemer

Press: Ms. Macho, Ms. Pritchard

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The Mayor commended high school participants for the musical production of The Wedding Singer. The excellent production played to sold-out crowds. On Saturday evening, a benefit dinner for Relay for Life raised about $1400 in two seatings. She said that the students showed tremendous talent and expertise and did a wonderful job.

The Mayor then thanked all Council members who played in the basketball Challenge Cup game on Friday at the high school. She also thanked Law Director Bemer for coaching and Mrs. Arabian Whitman for cheering the team on, commenting that it was great to have the trophy back in her office.

April is Computer Recycling Month, so residents are encouraged to place unwanted computer equipment on their tree lawns on their regularly-scheduled trash pickup days. The Service Department will collect them and make sure that they are recycled.

The Mayor also extended thanks to Mary McClain and Lori Waite, the co-producers of the Ice Show. Over 200 participants from the Learn to Skate Program performed before more than 1400 enthusiastic spectators over the two days in a very entertaining show.

Representatives from CCA will be available to assist residents with local income tax preparations on Thursday April 9 from 1:00 to 7:00 p.m. and on Saturday, April 11 from 9:00 to noon at the Don Umerley Civic Center.

The Rotary has generously donated $1000 to the Senior Transportation Program. The group has been a longtime supporter of the program, and the Mayor expressed her appreciation.

Safety-Service Director Linden was pleased that five new scooters will be delivered tomorrow.

The City has gone to bid on the Lake Road project and the 2009 Paving and Water Line program. Ordinances will be forthcoming, and the Mayor expressed hope for competitive bids.

Restrictors have been placed in Ward 4, with only 16 catch basins remaining to complete. When that is accomplished, crews will move on to other sections of the City and sand bags will be removed as the restrictors are placed.

In other City activities:

• •The Ice Breaker Soccer Tournament was held this past weekend.
• •The Father-Daughter dance was very well attended.
• •This weekend, the Kiwanis Easter Egg Hunt will be held at Elmwood Park at l:00 p.m., weather permitting.

Several weeks ago, the Mayor met with Economic and Community Development Director Koran, Chamber of Commerce President Jim Riedl and Executive Director Liz Manning to compose a submission to Team NEO which has formulated an economic impact awards program. The City has been notified that Rocky River is a finalist for the Public/Private Partnership Award for its collaboration on many projects with the Chamber of Commerce. The announcement of winners will be made in June, but the Mayor said she was pleased that the Chamber of Commerce and the City have been named finalists.

The ODNR (Ohio Department of Natural Resources) has forwarded documents from the Division of Watercraft for the 2009 Marine Patrol grant. This year the City has received $25,263, only a slight reduction from last year. The combined appropriation for this year is $78,808 which Chief Wagner indicated was a generous appropriation; last year $62,000 was spent with a fund balance of $37,000 carried over.

Regarding the Quiet Zone, a topic much discussed in past years, the Mayor noted that newspapers have reported that grants have been disbursed for the establishment of Quiet Zones:

• •$800,000 awarded to North Ridgeville, which has four crossings. Mayor Bobst spoke to their mayor and found that that city has an average of 125 trains per day. She noted that these funds are awarded for crossing safety, and pointed out that Rocky River would not qualify because of the decreased number of trains on local tracks.
• •There was also a gentleman from Hudson who received approximately $168,000 for crossing safety; those funds will be used for channelization, not a four-quadrant gate.

In the latest report from Norfolk Southern for February, there was an average of .9 trains per day passing through the City. Mayor Bobst commented that the low figure was indicative of the economy as are the train cars parked on the tracks. The Mayor noted that she had requested that the cars be moved. She has also asked for an update on the $680,000 estimate for the required electronic upgrades, requesting a confirmation that this number is still applicable. An interesting point is that for several days in February, there were no trains on the track and never more than two per day.

Discussion: Mr. Mylen asked if the reduced traffic would impact the requirements for the Quiet Zone. The Mayor said that although there was a discrepancy between the railroad's count which included many different kinds of trains and the City's count, it was established many months ago that with the current vehicular traffic, the City has qualified without Supplementary Safety Measures (SSM). The question has been the $680,000 for the electronic upgrades (constant warning time and power out indicators). The City's report was that the cost would be approximately $175,000.

Mr. Shepherd asked about other costs in addition to the electronic upgrades. The Mayor said that the City would like to undertake public education, signage and striping on each crossing as well as safety checks on the gates. She expressed concern for safety, however, and said that even though an SSM is not required, a four-quadrant gate, estimated at $350,000 four years ago, might be seriously considered at Wagar Road for safety reasons because this crossing has the highest traffic counts. The other three crossings, Morewood, Elmwood and Linda do not have the same traffic levels.

Mr. Mylen asked about the modifications which $680,000 would buy. The Mayor responded that those funds would upgrade the electronics on the tracks, the constant warning time and power out indicators. Much of the expense would be for the Elmwood crossing. The Mayor noted that these upgrades would not be required in the absence of a Quiet Zone, and said she could not comment on what aspects of the upgrades make the tracks safer; that is for Norfolk Southern to present..

Mr. Moran suggested that it might be worthwhile to review the information on the Quiet Zone which has been discussed because the topic was discussed so long ago. The Mayor encouraged Council to review the RCL (Railroad Controls Limited) report dated August 28, 2006 to see each crossing and what is required.

At this point, the meeting of the Committee-of-the-Whole was suspended to convene the Special Meeting scheduled for this evening.

Following the Special Meeting, the meeting of the Committee-of-the-Whole was reconvened at 8:45 p.m.

UNFINISHED BUSINESS:

Ordinance No. 8-09: Mr. Hunt reported that this ordinance authorizing an agreement for professional consulting engineering services was passed at the Special Meeting.

MISCELLANEOUS BUSINESS: NONE

COMMITTEE REPORTS:

Safety Committee: Mr. Shepherd announced that his committee will meet this Wednesday at 3:30 p.m. in the Committee Room.

NEW BUSINESS:

Ordinances No. 15-09, 16-09 and 17-09: Mr. Hunt reported that these ordinances, authorizing the purchase of concrete, limestone and asphalt for the Service Department were passed earlier the Special Meeting.

Ordinance No. 18-09: Mr. Moran noted that this ordinance, which authorizes accounting services, was passed at the Special Meeting.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:47 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council

CITY OF ROCKY RIVER

APRIL 6, 2009

The Special Meeting of Council was called to order by Mr. Moran, President of Council at 8:24 p.m.

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Mylen, Mr. Furry,

Mrs. Arabian Whitman, Mr. Long, Mr. Moran

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

Law Director: Mr. Bemer

Press: Ms. Macho, Ms. Pritchard

Mr. Moran commented that this meeting was convened to consider five time-sensitive pieces of legislation.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 8-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH MACKAY ENGINEERING AND SURVEYING COMPANY FOR PROFESSIONAL CONSULTING ENGINEERING SERVICES, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

2^ND READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 8-09 be read on three separate days be suspended, and that Ordinance No. 8-09 be placed upon its passage:

Discussion: Mr. Hunt noted that this agreement has been discussed at the last two meetings, including a discussion with Engineer Mackay at the last meeting where the agreement and rates were discussed. He concluded that there is no further reason for delay.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Ordinance No. 8-09 be passed as read:

Discussion: Mr. Hunt asked if Council members have any further questions or concerns about this agreement. He recalled that both the Mayor and Director Linden have praised Mr. Mackay's work ethic and the fine job that he has done for the City on the large number of projects that he has engineered.

• •Mr. Furry commented that he had spoken to another engineer who confirmed that it is standard industry practice to bill for liability insurance for outside sources.
• •Mr. Moran noted the great communication between Mr. Mackay and the Administration.

Mr. Hunt praised Council's diligence in reviewing the agreement, and recommended passage of the ordinance.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 15-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE AN UNDETERMINED AMOUNT OF CONCRETE FOR THE CITY OF ROCKY RIVER FROM WESTVIEW CONCRETE CORP. AT THE FOLLOWING PRICES: CLASS "C" - $72.00 PER YARD AND 6 SACK - $71.00 PER YARD AND 6.5 SACK AT $73.00 PER YARD

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 15-09 be read on three separate days be suspended, and that Ordinance No. 15-09 be placed upon its passage:

Discussion: Mr. Hunt explained that this ordinance, together with Ordinances No. 16-09 and 17-09, are annual contracts based upon the fact that the weather will warm soon and the Service Department will repair roads and begin other projects in the City. Passing this ordinance will insure that the materials are available.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Ordinance No. 15-09 be passed as read:

Discussion: Referring to the bid summary prepared by the Safety-Service Director's office, Mr. Hunt noted that Westview was recommended as the lowest and best bidder. He said it was important to note that Westview has been the provider for the last two years. Prices are a bit lower than in the past.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 16-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE AN UNDETERMINED AMOUNT OF LIMESTONE SCREENING FOR THE CITY OF ROCKY RIVER FROM LAFARGE NORTH AMERICA AT THE FOLLOWING PRICES: $14.20/TON FOR CRUSHED SCREENING AND $15.95/TON FOR #57 STONE

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 16-09 be read on three separate days be suspended, and that Ordinance No. 16-09 be placed upon its passage:

Discussion: As stated with the above ordinance, Mr. Hunt noted that this ordinance, too, should be passed as quickly as possible.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Ordinance No. 16-09 be passed as read:

Discussion: Of the bids received, Lafarge North America submitted the lowest and best bid for the limestone required for the many Service Department infrastructure projects to be undertaken throughout the summer. Again, the price is a little lower than last year's bid.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 17-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE AN UNDETERMINED AMOUNT OF ASPHALTIC CONCRETE FOR THE CITY OF ROCKY RIVER FROM ALLIED CORPORATION AT THE FOLLOWING PRICES: BINDER AT $46.25 PER TON AND #404 AT $54.35 PER TON

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 17-09 be read on three separate days be suspended, and that Ordinance No. 17-09 be placed upon its passage:

Discussion: For the reasons mentioned in Ordinances 15-09 and 16-09, Mr. Hunt indicated that a rule suspension was appropriate

• •Mr. Mylen asked for a definition of #404. Mr. Moran indicated that this is a mesh for stone sizes.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Shepherd and Mr. Long, that Ordinance No. 17-09 be passed as read:

Discussion: Mr. Hunt indicated that this is another component for infrastructure repairs which is ordered every year.

• •Mr. Furry asked what a #9 mix is and why there are no bids. Mr. Linden explained that binder is a large stone in an asphalt mixture, #404 is a medium stone and #9 is a small stone used to fill cracks in the street, but no one makes it any more. The department advertises annually in the hopes that someone will respond.



• •Mr. Furry also asked about asphaltic concrete, indicating that he understood asphalt and concrete, but not asphaltic concrete. Mr. Linden responded that it is an engineering term for what is commonly called asphalt.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 18-09 BY JAMES W. MORAN

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CIUNI & PANICHI, INC. FOR PROFESSIONAL ACCOUNTING SERVICES FOR THE CITY OF ROCKY RIVER AT A FIRST YEAR COST NOT TO EXCEED $18,500 AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Moran, seconded by Mr. Furry, that the rule requiring that Ordinance No. 18-09 be read on three separate days be suspended, and that Ordinance No. 18-09 be placed upon its passage:

Discussion: Mr. Moran turned to the Finance Director, Mr. Thomas, for further comments on this ordinance.

Mr. Thomas explained that this is a service that the City purchases every year for assistance in preparing closing trial balances and the balance sheet which goes into the CAFR (Comprehensive Annual Financial Report) as well as the notes to the financial statements which go into the report. The firm is not engaged by this agreement to examine the underlying transactions-that is the function of the audit. This year's unusual price structure is because following an initial proposal and then discussions about the cost, Mr. Thomas contacted the firm again and asked for price consideration. Their response was a one-year agreement at a lower price with two-year options which resulted in a savings of $2000 the first year.

Mr. Moran noted that the price will increase 5% the next two years. He noted that Ciuni & Panichi is very familiar with the City's finances. Mr. Moran also noted that he had asked if the City could do part of this, and Mr. Thomas responded that it would be possible with a larger staff.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Furry, that Ordinance No. 18-09 be passed as read:

Discussion: Mr. Moran, noting that this firm has worked with the City before, indicated that they also have the necessary staff to perform needed work.

• •Mr. Shepherd asked if this work will convert from a cash basis to an accrual basis and asked if this is required by GASB. Mr. Thomas responded that the GASB Statement 34 is one standard addressing infrastructure reporting which is required. Responding to further questions, he explained that the accrual basis provides comparability with other cities and the State Code requires reporting on a GAAP basis as well.



• •Mr. Furry asked if Ciuni & Panichi will prepare the compiled statement with compliance to GASB 34. Mr. Thomas said it will, and that their compilation will be an accrual necessary to conform to GAAP. This is separate from the audit. Mr. Furry also asked if the City has been in compliance with GASB 34. Mr. Thomas said that it has.



• •Mr. Furry then asked about the WWTP, since infrastructure was involved. Mr. Thomas said that the WWTP is separately reported and that there is a separate agreement for those services with Ciuni & Panichi. They also do a GAAP basis presentation; no CAFR is prepared for the plant.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

As there was no further business, the meeting was adjourned at 8:45 p.m.

__________________________________ _____________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council