DRAFT

CITY OF ROCKY RIVER

APRIL 17, 2006

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

Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Frost, Mrs. Bartolozzi,

Mr. Hagan, Mrs. Bobst

Absent: Mr. Hurtuk

Administration: Mayor Knoble, Mr. Linden, Mr. Thomas, Mr. Mackay, Mr. Rosol

Law Director: Mr. Bemer

Press: Mrs. McKenzie, Ms. Mitchell

The meeting was opened with the Pledge of Allegiance.

Because Mr. Rosol and Mr. Mackay were present, the Mayor requested consideration of Ordinance No. 52-06 and Ordinance No. 61-06 before the remainder of the agenda.

Ordinance No. 52-06: Mr. Rosol commented on this ordinance which will raise some rates for rental of Memorial Hall and other City rooms and equipment. Last year, there were 956 rentals, with the busiest times being weekend evenings. At present, every Saturday for 2006 and 2007 is booked, as well as most Sundays. Some rates for Rocky River youth and non-profit organizations have not been raised.

• •President Bobst confirmed that existing contracts will be honored at present rates. She noted that rates have not been raised since the center opened in May of 2001.



• •The Mayor commented that costs have increased since present rates were set. Expressing pleasure that usage rates are good, he said that utilities and wage costs have risen annually, and he suggests that the rates should be reviewed annually.



• •Mrs. Bobst questioned the addition of "all others" in connection with non-resident rates.



• •Mr. Gollinger asked if the new rates would cover expenses. Mayor Knoble responded that it is difficult to say for certain because utility costs are not separated by building.

(Consent Agenda)

Ordinance No. 61-06: This ordinance will renew the contract of Mackay Engineering as the City's Consulting Engineer. Mr. Michael Mackay came forward to discuss the renewal. He referred to a memo he had prepared showing services rendered with costs, both those included in the retainer and those which were outside that scope, and which would have been outsourced when the City had an in-house engineer. The memo showed that there were significant savings to the City. Mr. Mackay indicated that this has been a busy year, and he anticipates many more projects in the coming year, but he is confident that he will be able to continue to work well with the Administration.

• •Mr. Hagan mentioned that the retainer rate has risen by $80 per month. He asked about the hourly rate and the cap. Mr. Mackay responded that his expenses have risen, so the hourly rate has been raised by 3%, but the cap remains the same.



• •The Mayor reminded Council members that engaging Mr. Mackay means that there are a lot of other expenses not incurred, including that of a full-time inspector. With an in-house engineer, every project had to be sent out for proposals. This is a time and labor-consuming effort. He noted that the Administration is very pleased with Mr. Mackay and the services of Mackay Engineering. In fact, he did not seek other proposals for this year. He believes that Mr. Mackay has done an excellent job and appreciates his efforts and cooperation. He also expressed appreciation to Mr. Linden for bearing an increased work load.



• •Mr. Linden agreed that Mr. Mackay has been very willing to work with the Administration and listen to their concerns. He said it has been a pleasure working with him.



• •Mr. Hagan was happy that projects have been completed successfully without complaints from residents. Because Mr. Hurtuk is not present to answer financial ramifications of the contract, he will have a first reading next week with possible rules suspension following Mr. Hurtuk's input.

MAYOR'S REPORT:

RTA has scheduled a meeting regarding potential fare increases for Friday, April 28 at 6:00 p.m. at the Don Umerley Civic Center.

This weekend two events will be held: a personal record shredding event from 9:00 a.m. to noon. This will be held outside on the driveway of the Fire Department. The other event is the police auction, also at 9:00 a.m. There will be many bikes and other items for sale.

The Mayor showed a photograph of the new Rocky River motorcycle squad. Four officers have received training in Nashville, Tenn and are equipped and ready to go.

A new reporter, Jennifer Mitchell, has been assigned by WestLife to cover Rocky River.

Sound barrier landscaping along I-90 will begin May 1 on Westway.

UNFINISHED BUSINESS:

Amended Ordinance No. 29-06 : This legislation will change the zoning on the southeast corner of Ingersoll and Smith, and will be on the agenda of the Planning Commission tomorrow evening. Mr. Gollinger will be in attendance and does not foresee a problem because the zoning from which they approved the change is less onerous than the actual zoning.

Ordinance No. 52-06: This ordinance, which approves changes in rates for rentals of Memorial Hall was discussed at the beginning of the meeting. (Consent Agenda)

MISCELLANEOUS BUSINESS:

Although there were no formal agenda items, President Bobst updated several items:

Project Lightspeed: Mayor Knoble has met with AT&T representatives to discuss the expansion of the system in the City. Council would like to proceed with a public meeting, but cannot do so without a complete map of the buildout so that all affected residents can be notified and their input received. At the meeting, AT&T representatives would also be invited to explain the benefits and new services which will be available to residents as a result of Project Lightspeed. She has called Kevin Lynch, but as yet, has received no response. She also reported that the clerk has received information from Berea and Strongsville, the two communities reported by Mr. Lynch to be in the forefront of the company's expansion. Berea has, as yet, no knowledge of the buildout; Strongsville has approved installations, by ordinance, and is requiring landscaping approved by their forester.

The Board of Elections has notified Council that it is conducting demonstrations of the new electronic voting machines to be used in the May primary. The training session would take about 20 minutes, and Mrs. Bobst will try to arrange for the demonstration prior to a Council meeting.

The draft of a Hiring Policy has been provided by WWTP counsel David Matty. President Bobst has requested a copy of a hiring policy for the municipal court as well as the City. Once all three are available, Council would like to develop the plan for the City and make recommendations for the WWTP.

A Railroad Quiet Zone demonstration was held at the Wagar Road railroad crossing. Council members were provided with a CD of the presentation which also contained other excellent information. Mrs. Bobst noted that the Mayor and Mr. Gollinger were present.

• •The Mayor explained that the demonstration consisted of a horn mounted at the crossing which would be used at locations unsuitable for dividers to prevent motorists from going around the gates. Such a location would be at Linda Street where commercial driveways abut the tracks. He described it as a "horn with a cough".



• •Mr. Gollinger noted that there would be much less impact from this stationary horn with a lower decibel rating. It also stops when the intersection is crossed. At present, with streets close together, the train horn sounds almost continuous. He suggested that the City compose a letter of intent so that the City's statistics would be updated to reflect that there is only one track and that traffic is significantly lighter than is presently on the record. In this way, the City can see more directly the impact in terms of cost.



• •Mrs. Bobst asked how pedestrian traffic is treated and whether there are modifications. The Mayor responded that it all has to do with a formula for potentially, additional gates. Having only one track should significantly reduce costs, but the key is circuitry and whether the railroad's circuitry is adaptable to the remediation needs. Mr. Mackay is investigating that point.

Tax and Expenditure Limitations (TELs) were the subject of a presentation attended by Mrs. Bobst in Lakewood. Other attendees were city officials, school officials and representatives of libraries and Metroparks. All were interested in the impact of such limitations. A second presentation will be made by a proponent of TELs, the Buckeye Institute. Mrs. Bobst is exploring the possibility of a community forum, perhaps conducted by the League of Women Voters with proponents and opponents. The Buckeye Institute's website can be reached through buckeyeinstitute.org.

President Bobst also inquired about Design Review Guidelines, an issue raised by Mr. Hagan. Mr. Bemer reported that he had shared the guidelines with the Building Department and the Design and Construction Board, and is interested in their feedback. He said that among them-selves, they had proposed standards. Mr. Bemer suggested that a joint work session of all boards and commissions would be of benefit to all regarding their roles and responsibilities.

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Ordinance No. 57-06: This ordinance which approves the 2006 Streetscape Improvements, was the subject of a memo from Mr. Michael Mackay. Mr. Mackay discussed the bids for Detroit Road streetscaping and the walkway on Lake. Mr. Hagan noted that the City will receive a 79% reimbursement from the County. Mr. Gollinger asked about the variable amount set aside for traffic maintenance during the project. Mr. Linden commented that he did not see a potential traffic problem, but if one arose, it would be dealt with. With the reimbursement, Mr. Hagan pointed out that the City's share is less than $70,000. (Consent Agenda)

Ordinance No. 58-06: This ordinance corrects a typographical error in Ordinance No.41-06, and changes $11.57 in that ordinance to the correct figure, $11.75. (Consent Agenda)

Ordinance No. 59-06 and Ordinance No.60-06: For these two related ordinances, Council turned to Mr. Thomas, Finance Director. He noted that both ordinances drafted by Mr. Bemer following a meeting of Mr. Thomas, Mr. Bemer and Councilman Hagan, were in response to Council discussions of how the estate tax should be treated. A suggested 80/20 split from January, 2002 through 2006 would increase the General Fund balance for that period and slightly decrease the Capital Improvement Fund. For this discussion, the Permanent Improvement and Capital Improvement Funds are combined. (PI + CI Fund total). The proposed ordinance which establishes the written allocation in the Code applies the ratio effective January 1, 2006. The other proposed ordinance (No. 60-06) is needed in order to balance accounting in the General Fund for 2002 to 2005.

• •Mrs. Bobst asked if these ordinances would meet the requirements of the State Auditors. Mr. Thomas said that Ordinance 59-06 would, although he was unsure of Ordinance No. 60-06.



• •Mr. Hagan raised the point that during the budget hearings, it was brought out that this source of income is variable; it has historically been applied to capital improvements and equipment purchases. Because it is variable, it should not be depended upon for. He indicated that he favors correcting the procedure that will be approved by State Auditors and allow the City to handle its funds as it wishes. He noted that these ordinances meet his concerns.



• •Also discussed was Council's ability to change the division of funds in the future or to place all funds in the General Fund. Mr. Bemer explained that Ordinance 60-06 authorizes a one-time transfer of funds back into the General Fund. Ordinance No. 59-06 creates using an 80/20 formula in codified form. Under this law, no more than 20% could go to the General Fund and no less that 80% into the Permanent Improvement Fund. On an annual basis, an ordinance can be passed by Council as part of the budget process to determine a formal allocation.



• •Mr. Gollinger asked, if the need were to arise later in the year, whether funds can be transferred. Mr. Bemer said that they could not be.



• •Mrs. Bobst indicated that in 2007 a modification can be made by passing a new ordinance and repealing this one. Mr. Bemer added that the intent is to have a workable formula into the future.

A discussion ensued on why the transfer of funds was taken back to 2002. Mr. Thomas chose 80/20 and looked back five years to provide a starting point for analysis in place of a historical look back at all activity (revenues and expenditures).

Mrs. Bobst concluded that more discussion will be necessary and urged Council members with questions to forward them to the Administration

Ordinance No. 61-06: This ordinance was discussed at the beginning of the meeting.

FURTHER MISCELLANEOUS BUSINESS:

Mr. Frost has received a communication from Suzanne Saganich, 21623 Avalon Drive, who has several issues with a contractor which she feels were exacerbated by the City's inspection process. She is now making a request that her moral claim be considered. Mr. Frost feels that Council should hear the claim, and asked the President and clerk to schedule a time when all sides can be heard.

• •Mr. Hagan asked if Ms. Saganich is pursuing civil redress. Mr. Frost confirmed that she is.

Mr. Frost pointed out that it is up to the resident to show that there is no other way to obtain compensation. He requested that Council hear the matter.

• •Mrs. Bobst will ask the Administration for further information, and as there was no opposition, will schedule the hearing in the near future.

As there was no further business by members of Council, the meeting was adjourned at 9:08 p.m.

_____________________________ _____________________________

Pamela E. Bobst Misao Kurokawa

President of Council Clerk of Council

Please note: This is a draft copy of the minutes of the meeting of the Committee-of-the-Whole of April 17, 2006. These minutes may be amended or revised at the next Legislative Meeting.