DRAFT

CITY OF ROCKY RIVER

APRIL 18, 2005

The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 8:07 p.m.

Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk, .

Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

Administration: Mayor Knoble, Mr. Linden

Law Director: Mr. Matty

Guest: Mr. Michael Mackay, P.E., P.S.

Press: Mrs. McKenzie

Mrs. Bobst announced that the meeting was being recorded by a resident. The meeting was then opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The Mayor has received many phone calls from residents concerning errors in the Rocky River Magazine, particularly as to errors and omissions in the map and an incorrect non-emergency phone number for the Fire Department. He emphasized that the magazine is published and distributed at no cost to the City and without City input. Residents who would like an accurate map of the City may call for a map published by the Chamber of Commerce. A new edition will be published in June.

Mayor Knoble has also visited both City beaches, in Rocky River Park and Bradstreet's Landing. He saw large logs, small branches and other debris. The City usually hires college students to clean the areas, and they will not be available for another month. He will meet with Mr. Linden and Mr. Winterich to try to devise a plan to clear some debris.

The Police Auction will be held on Saturday, May 21 outside the Police Garage. The usual bikes, computers and other excess property of the City and that acquired by the Police Department in its activities will be sold to the highest bidder.

The Mayor has received the resignation of John Corry, a longtime member of the Civil Service Commission. Mr. Corry was, at one time, a Council member and has been very active in the community. He has served on the Civil Service Commission since 1988, most recently as chairman. The Mayor wanted everyone to know how much Mr. Corry's service over many years has been appreciated.

UNFINISHED BUSINESS:

Resolution No. 133-04: This resolution adopts the Master Plan. Mr. Potterfield indicated that the Planning Commission will be concluding its review at tomorrow evening's meeting and the minutes should come to Council next month.

Ordinance No. 40-05: This ordinance, also will be discussed tomorrow evening by the Planning Commission.

Ordinance No. 47-05: Mr. Frost indicated that the Public Meeting for this ordinance on Animal Control Laws will be held on May 2 at 7:30 p.m. in the David J. Cook Council Chambers. He noted that no Council members have received comments on the proposed chapter.

Ordinance No. 59-05: Mr. Hagan acknowledged that the Administration is anxious to begin this project to restore landscaping to areas disturbed by the Orchard Park/Bates construction. He noted, however, that he did have some questions.

•Referring to the scope of services in the restoration, Mr. Hagan recalled his meeting with Mr. Hurtuk, Mr. DiGioia and Mr. Jurs. He felt that some work had been done, and wished to verify that this ordinance was not a duplication of services for which the City has already contracted and paid. He indicated that the original engineer's estimate was for $88,000.
•The Mayor noted that some work had been done by DiGioia, but it was unsatisfactory. The dirt used to fill was of low quality and full of rocks, so that some residents were demanding that it be removed. Nothing can be planted in it.
•Mr. Linden mentioned that every contractor who bid on the project looked at what had been done. It was decided that 3" of topsoil would be necessary in order to grow grass. With residents calling, he requested that the project move forward.
•Mr. Hurtuk asked who will monitor the work. Mr. Gottschalk and Mr. Linden will provide that service. Mr. Hurtuk will seek reimbursement from DiGioia Construction at some point.
•Mr. Gollinger suggested that some witnesses and documentation of the work done by DiGioia might strengthen the City's case in requesting the reimbursement. Mr. Matty said that steps are under way toward that end.
•Mrs. Bobst pointed out that the original estimate was $86,000. The City has paid $20,520 and even with this ordinance for $27,850, it will not reach the estimated $86,000.
•Mr. Gollinger stated that Council needs to satisfy residents who have tolerated all aspects of this project. Problems can be resolved later, but he expressed his wish for the project to move forward so that the residents can have grass.

Ordinance No. 61-05: Mr. Hagan noted that this ordinance was discussed at the previous meeting of the Contracts committee this evening. Exhibit "A", the contract, was discussed with Mr. Mackay of Mackay Engineering and Surveying.

At that meeting, amendments were suggested:

•Mr. Matty suggested an amendment to 1. (a) under General Services adding a reference to Codified Sections to further delineate General Services.
•The committee recommended that in Section 1. (b), third paragraph, the phrase "When requested by the Mayor" be deleted as well as adding that annual updates be provided for the Mayor and Council.
•The committee further suggested that the dollar cap be changed from $500,000 to $375,000 for this first year.

With these changes, passage of this ordinance was recommended by the Committee to Council.

Mr. Hagan then asked about plans for engineering services at the WWTP. The Mayor said that when the choice of City Engineer was made, he would confer with the engineer, reviewing qualification statements received. Three applicants qualified in WWTP engineering would be selected and proposals requested. From those proposals, a firm would be chosen. Answering more questions, the Mayor said that the engineer chosen would work with the superintendent of the WWTP plant.

Mr. Hagan asked to whom that WWTP engineer would report. The Mayor said that he deals with day-to-day matters, but ultimately, the engineer would report to the Management Board of the WWTP.

Ordinances Nos. 62-05 through 66-05: Mr. Potterfield explained that these ordinances came about because of Ordinance No. 61-05 in which the City makes the transition from having an engineer who is a City employee to hiring an independent contractor. As a result, restructuring of the Building Department is necessary and has been placed under the supervision of the Economic and Community Development Director.

Mr. Hagan asked about the decision to place the Building Department under the supervision of the Director of Economic and Community Development.

• The Mayor responded that, traditionally, directors have reported to the Mayor, and commissioners to directors. Building and economic development have much in common, and Mr. Beirne and Mr. Koran have conferred frequently-more frequently than Mr. Beirne had conferred with the engineer. Commissioner Beirne will handle applications and construction inspections. Director Koran will supervise property maintenance inspections.

MISCELLANEOUS BUSINESS:

Mrs. Bobst raised the question of a resolution opposing cuts in federal block grant funding. She noted that information had been distributed to Council members, and voiced her intention to work with the Administration to draft a resolution that expresses opposition to cuts in the Community Development Block Grant Program. It was the consensus of Council that she proceed with that plan.

COMMITTEE REPORTS:

The Parks and Recreation Commission will meet Wednesday morning at 8:00 a.m. in the Pavilion. At that meeting, the Commission will hear updates on the Skate Park discussed at the meeting of the Board of Education and an update on the outdoor pool. The finalists in the "name the pool" contest will also be announced.

NEW BUSINESS:

Ordinance No. 67-05: This ordinance provides for emergency sewer repair. Mr. Linden noted that last year none of the funds were used, but he considers it insurance in case an emergency cave-in or other repair is necessary. Mr. Hagan asked that in his absence next week, the rules be suspended and the ordinance be considered for passage.

COMMUNICATIONS AND ANNOUNCEMENTS:

The Law Director has requested that any Council members who spoke with Mr. Varney speak to him following the meeting. The hearing on Mr. Varney's liquor permit request will be held tomorrow morning in Columbus.

Mr. Potterfield has received correspondence from Mr. Bergquist of Wagar Road. He enclosed a copy of a letter to the City's Planning Commission which has scheduled a final review of the drive-through planned by Walgreen's at tomorrow evening's meeting. The correspondence will be held until next week's Legislative Meeting.

Mayor Knoble has met with a resident of Whittlesay Lane and with Mr. Hyland, who is supervising the sound barrier project for ODOT. They walked the area west of Wagar along the entrance ramp of I-90 addressing issues of residents about the sound barriers. Because of the recent good weather, the project is moving forward well and should be completed about mid-May. At that time, a total walk-through of the entire area will take place, both inside and out, as a final check.

As there was no further business by members of Council, the meeting was adjourned at 8:41 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 18, 2005. These minutes may be revised or amended at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

APRIL 18, 2005

The Special Meeting of Council was called to order by Mrs. Bobst, President of Council at 9:00 p.m.

Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk

Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

Administration: Mayor Knoble, Mr. Linden

Law Director: Mr. Matty

Press: Mrs. McKenzie

Mrs. Bobst opened the meeting, called to discuss Ordinance No. 59-05 concerning the Orchard Park/Bates restoration, and Ordinances No. 61-05 through 66-05 concerning the change from a City Engineer who is an employee to a firm employed as an independent contractor.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 59-05 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH TARGET CONSTRUCTION INDUSTRIES, INC. FOR THE ORCHARD PARK AND BATES ROAD AREA LANDSCAPE RESTORATION IN AN AMOUNT NOT TO EXCEED $27,850.00

2^ND READING

Moved by Mr. Hagan, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 59-05 be read on three separate days be suspended, and that Ordinance No. 59-05 be placed upon its passage:

Discussion: This issue was discussed at length at the meeting of the Committee-of-the-Whole which preceded this Special Meeting. Mr. Hagan commented that this project, restoring the area which was disrupted by the construction project in the area, needs to go forward as quickly as possible.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Hurtuk, that Ordinance No. 59-05 be passed as read:

Discussion: This project has been awarded to the apparent low bidder. The engineer's estimate was $88,000.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

MOTION:

Moved by Mr. Hagan, seconded by Mr. Frost, that Ordinance No. 61-05 be amended as follows:

In Section 1, at the end of paragraph. (a), add "Unless otherwise specifically set forth in (b) to (e) below, all services set forth in Rocky River Codified Ordinance Section 144.02,and any amendments thereto shall be included as General Services." ( Mr. Matty)
In Section 1 (b), paragraph 3, delete "When requested by the Mayor," and add at the end, "with annual updates to be provided to the Mayor and Council." (Mr. Hagan)
In Section 2. (d), delete $500,000 and replace it with $375,000. (Mr. Hagan)

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 61-05 BY BRIAN F. HAGAN

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. Hagan, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 61-05 be read on three separate days be suspended, and that Ordinance No. 61-05 be placed upon its passage:

Discussion: This was thoroughly discussed at the meeting of the Contracts Committee this evening.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Hurtuk, that Ordinance No. 61-05 be passed as read:

Discussion: See discussion at the meeting of the Contracts Committee.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 62-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING CHAPTER 143, ENTITLED "BUILDING DEPARTMENT", OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

Moved by Mr. Potterfield, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 62-05 be read on three separate days be suspended, and that Ordinance No. 62-05 be placed upon its passage:

Discussion: This ordinance would adopt Chapter 143 concerning the Building Department. It is part of many ordinances which are the result of the restructuring of the Engineering Department. Since the engineering ordinance has been adopted there is no reason to delay these changes.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Ordinance No. 62-05 be passed as read:

Discussion: See discussion above.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 63-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE SUBSTITUTING A NEW CHAPTER 144 ENTITLED "CITY ENGINEERING SERVICES", FOR THE CURRENT CHAPTER IN THE CODIFIED ORDINANCES, AND AS FURTHER DESCRIBED IN EXHIBIT "

2^ND READING

Moved by Mr. Potterfield, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 63-05 be read on three separate days be suspended, and that Ordinance No. 63-05 be placed upon its passage:

Discussion: This is a companion ordinance to the above ordinance which outlines the duties of Mackay Engineering. It is needed to implement the contract.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Potterfield, seconded by Mr. Hurtuk, that Ordinance No. 63-05 be passed as read:

Discussion: See discussion above.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 64-05 BY EARL W. POTTERFIELD

AN ORDINANCE REPEALING CHAPTER 145 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "SELECTION OF PROFESSIONAL ENGINEERING AND ARCHITECTURAL DESIGN SERVICES,", AND DECLARING AN EMERGENCY

2^ND READING

Moved by Mr. Potterfield, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 64-05 be read on three separate days be suspended, and that Ordinance No. 64-05 be placed upon its passage:

Discussion: See discussion for Ordinance No. 62-05.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Potterfield, seconded by Mr. Frost, that Ordinance No. 64-05 be passed as read:

Discussion: Mr. Potterfield turned to the Law Director for his input. Mr. Matty noted that this change is necessary because of the City's change to an independent contractor. This sets the selection of professional services by the state law instead of our Code. Should the City return to the hiring of an employee as City Engineer, another change may be required.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 65-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING CHAPTER 146 ENTITLED "ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR", OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 65-05 be read on three separate days be suspended, and that Ordinance No. 65-05 be placed upon its passage:

Discussion: Mr. Potterfield noted that this a companion to Ordinance No. 62-05 as it concerns the Building Department.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Potterfield, seconded by Mr. Frost and Mr. Hurtuk, that Ordinance No. 65-05 be passed as read:

Discussion: This ordinance places the Building Department under the responsibility of the Economic and Community Development Director.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 66-05 BY EARL W. POTTERFIELD AN EMERGENCY ORDINANCE AMENDING SECTION 1179.02(q) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "GENERAL TERMS", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 66-05 be read on three separate days be suspended, and that Ordinance No. 66-05 be placed upon its passage:

Discussion: Nothing further was added to the discussions above.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Potterfield, seconded by Mr. Frost and Mrs. Bartolozzi, that Ordinance No. 66-05 be passed as read:

Discussion: Section 1179.02(q) defines terms relative to Section 144.01.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

As there was no further business by members of Council, the meeting was adjourned at 9:19 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 Special Meeting of April 18, 2005. These minutes may be revised or amended at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

APRIL 18, 2005

Contracts - Government and Judicial Committee

The meeting of the Contracts - Government and Judicial Committee was called to order by the Chairman, Mr. Hagan, at 7:10 p.m. in the David J. Cook Council Chambers.

Contracts - Government and Judicial Committee Members present:

Mr. Hagan, Mrs. Bobst, Mr. Frost

Council Members present: Mr. Gollinger, Mr. Potterfield, Mrs. Bartolozzi

Administration: Mayor Knoble, Mr. Linden

Law Director: Mr. Matty

Guest: Mr. Michael Mackay, P.E., P.S.

Mr. Hagan announced that the meeting is being taped by a resident. He then opened the meeting, which was called to discuss two ordinances, by stating that Ordinance No. 61-05, approving a contract for professional engineering services, would be the first to be discussed.

He welcomed Mr. Michael Mackay representing Mackay Engineering and Surveying. Prefacing his remarks by noting that he had no qualms about the rate of pay negotiated by Mr. Mackay and Mr. Matty, Mr. Hagan still wished to raise some questions as to General and Specific Services as outlined in sections (a) and (b). He asked if the firm would act as supervisors in general engineering matters.

Mr. Matty noted that Ordinance No. 63-05 redefines the City's engineering services. Section 144.03 contains a number of references to a City Engineer or engineering services. He felt it was necessary to amend the contract, and proposed adding a section stating that "unless otherwise specifically set forth in (b) to (e) below, all services set forth in Rocky River Codified Ordinance Section 144.02, and any amendments thereto shall be included as General Services."

He commented that the negotiation meeting with Mr. Mackay was very pleasant, and they worked together well to determine the language of the contract.

Further, Mr. Matty explained that although a cap was his idea, he did not negotiate the amount of the cap. He said that is Council's decision. This agreement has specific services covered by the retainer as general engineering services, and specific items with provisions for billing. Still other items have means and provisions for charging back to the developer or contractor, or will be paid by the City which will be reimbursed by a developer or contractor.

He said that the contract will be reviewed at the end of one year.

Mr. Hagan asked about professional liability. In 2. (b), he noticed that outside services will be billed at cost + professional liability insurance coverage cost.

•Mr. Mackay explained that their errors and omission insurance premiums are based upon their billings of gross receipts, so that when additional services are billed, that premium amount will be added. He also observed that in general and other specific services, the insurance premium is included. Mayor Knoble added that the City could choose to contract directly with the provider.

Mr. Hagan also asked about Mr. Mackay's presence at Council Meetings, noting that Mr. Lesiecki had attended Legislative Meetings. He wondered what meetings Mr. Mackay would attend and if a request would be necessary.

•The Mayor felt that Mr. Mackay's input would be most valuable at meetings of the Committee-of-the-Whole where engineering issues are discussed or at Public Hearings. At Legislative Meetings where project discussions usually do not occur, he would not be in attendance.
•It was determined that Mr. Mackay would be present, without request by Council, at any legislative or committee meeting where an engineering project or problem would be discussed, and at other meetings by request.

Mr. Hagan asked if there are projects where Mr. Mackay's company will not be the engineer.

•Mayor Knoble said that there is a new ODOT regulation which states that an in-house engineer or firm cannot perform both the engineering design and the administration on any ODOT project. Because it is a new rule, he is not yet familiar with its implementation, but if it should be enforced as stated, it was felt that the design would be the more important aspect which would be performed by the City's engineering firm.
•Mr. Mackay recalled that in the repaving of Lorain Road, his firm did both the design and the administration. He, too, felt that it is more important to control the design.

Mr. Hagan asked about 4 (c), the outsourcing of services outside of their expertise.

•The Mayor cited the example of core borings, hydrographic surveys, etc. which were done for the Yacht Club Basin on behalf of Mackay. Answering Mr. Hagan's question about whether this would require another ordinance, the Mayor indicated that it would depend upon the cost.

Mr. Hagan wondered about daily supervision of projects in 1. (b).

•Mr. Mackay responded that the engineer bears the ultimate responsibility, but the daily supervision is performed by the inspector.

Mr. Hagan then raised the question of the preparation of a multi-year plan and priority list for the placement, repair and improvement of sewers, waterlines and streets. He felt that this would be very helpful both to the Administration and Council and should be updated annually. Other issues were discussed, such as timing and expense.

•The Mayor explained that the City currently has a list of streets to be paved, but that it often cannot be pursued because of dollars. He said that he was concerned about having the preparation of the plan in Specific Services because it could be very expensive.
•Mr. Matty raised the issue that theoretically, it could be a conflict if a company is paid to recommend a project that it subsequently is paid to design. For this reason, he said that he would like to see it in General Services.
•Mr. Mackay pointed out that to do this plan could be very time-consuming, and more than just his time would be involved. Such a plan could be meaningful and useful, but he had not anticipated including it in General Services because of the time involved in preparation. As to Mr. Matty's issue, any recommendations he would make would be in conference with the Mayor and Mr. Linden, and it would be more of a joint recommendation to Council, rather than just his recommendation.

Moved by Mr. Hagan, seconded by Mrs. Bobst, that the committee recommend to Council that Section 1. (b) be amended by deleting the phrase, "When requested by the Mayor", and adding the phrase "with annual updates to be provided to the Mayor and Council."

Vote: Hagan - aye Bobst - aye Frost - aye

3 ayes 0 nays PASSED

The next topic to be discussed was change orders. Mrs. Bobst pointed out that all change orders would be brought to Council. Mr. Matty agreed, saying that that is how the City's contracts are constructed.

Mr. Hagan then raised the question of the cap. The Mayor indicated that he is not in favor of a cap, but that Mr. Matty had advised that it be considered. Mayor Knoble felt it would vary widely from year to year, depending on what projects are planned. In this contract, he chose a cap which is high enough so that he felt it would not be reached. He suggested the possibility that with a cap, it may be necessary to repeat the proposal process.

•Mrs. Bobst feels that having a cap is important in the first year of the relationship. It was established that the cap could be raised with the vote of four Council members.

Mr. Hagan suggested lowering the cap to $375,000.

•Mr. Mackay indicated that he was amenable to whatever limit was chosen by Council, but cautioned that if the cap is reached, work must stop, and delays by Council could delay projects. He said that he would keep Council apprised of where the City is in its billings. The cap will be reviewed annually along with the contract.

Moved by Mr. Hagan, seconded by Mr. Frost, that the Contracts Committee recommend to Council the changing of the figure in 2. (d) from $500,000 to $375,000.

Vote: Hagan - aye Bobst - aye Frost - aye

3 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mrs. Bobst, that the Contracts Committee recommend to Council that with the changes discussed, the ordinance be passed.

Vote: Hagan - aye Bobst - aye Frost - aye

3 ayes 0 nays PASSED

There was no further discussion from committee members, the meeting was adjourned at 8:07 p.m.

_______________________________ _______________________________

Brian F. Hagan, Chairman Misao Kurokawa

Contracts - Government and Clerk of Council

Judicial Committee

Please note: This is a draft copy of the minutes of the meeting of the Contracts - Government and Judicial Committee of April 18, 2005. These minutes may be revised or amended at the next Legislative Meeting.