CITY OF ROCKY RIVER

MAY 4, 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

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

This is Right-to-Read Week and it is being celebrated at Kensington School by third, fourth and fifth-graders. The Mayor thanked those who have offered to go to the school to read to the students. Together with the Mayor, both Chief Flynn and Chief Wagner as well as Council members and the Law Director have volunteered their services.

A newly-released book, Pedaling to Lunch; Bike Rides and Bikes in Northeast Ohio, issued by the University of Akron Press, features a wonderful description of Rocky River and the Bridge Building and other notable highlights of the City (p. 44).

In her continuing reports on how City departments have been cutting expenses, Mayor Bobst recognized the efforts of the Recreation Department which has dramatically cut part-time hours. The Mayor said that for the period from April 5-18, part-time hours were reduced by 800 hours compared to the same period last year. For the latest period, April 19-May 2, more than 1000 hours were saved compared to the same period in 2008. She thanked and congratulated the recreation staff and its director, Mike Patterson, for continuing to meet all the needs of the residents, and at the same time, cutting costs to help the budget.

The Center Ridge Corridor meeting was held last week. The Mayor thanked Councilmembers Anjanette Whitman and David Furry for attending and said that although not all 550 businesses attended, a lot of excellent information was shared and the feedback was good. She indicated that the next step may be to bring in some of the clusters which were defined.

The Community Federation also met last week. Mayor Bobst praised the synergy and energy of the 24 representatives of community civic organizations who shared special projects, volunteer needs and offers of assistance. She expressed her appreciation for the time and energy that goes into the fine work done by all these community organizations.

The lacrosse tournament held last weekend was very successful, with the participation of 25 teams representing 13 communities.

Last week, Service Commissioner Dave Winterich reported that 105 tons of grass clippings in brown bags were collected. The Mayor commented that this is a busy time for all, not just City Hall.

Tomorrow morning, the first of two fifth-grade classes from St. Chris will visit City Hall including the mayor's office and the police and fire divisions. Councilman Hunt will be on hand to explain the legislative branch of government to the class which includes his son, T.J. They will conclude with a visit to the court. A week later, Council President Moran will assist the second class during its visit with the same itinerary.

This weekend, on May 8 and 9, "Steppin' Out " will be presented at the Senior Center which is the beneficiary of the proceeds. It will also be presented the following weekend, May 15 and 16, and the Mayor recommended the show, saying that it is excellent and very energetic.

The Cleveland Division of Water invites all to join in its celebration of National Drinking Water Week which began May 3 and continues until May 9. The Crown Water Works on Clague Road in Westlake will host an open house and conduct tours of the plant on Saturday, May 9 from 10:00 a.m. until 4:00 p.m.

City Music Cleveland will provide a free public concert on Sunday, May 10 at 7:30 p.m. at the Rocky River United Methodist Church.

The Elmwood Park garlic mustard pull will be Saturday, May 16 from 10:00 a.m. until noon when groups will gather under the direction of Chris Pfeil to pull the invasive weed which will allow other species to prosper. The Mayor said they have done a wonderful job in controlling the weeds in the park which sees so much diverse community activity.

Saturday is opening day for Little League.

UNFINISHED BUSINESS:

Ordinances No. 22-09, 23-09, 24-09 and 25-09: Mr. Moran noted that these four ordinances are concerned with the salaries of elected officials, and were read for the first time last week.

• •The first, 22-09, sets the salary for Council members, and Mr. Moran said that going into the next two-year period, there will be no increase in the salary for that position, even though it has been at this level for six years. He commented that with the tight budget, Council members decided not to increase the salary for this position for the next two years.
• •Ordinance No. 23-09 sets the salary of the Council President which will also not be increased.



• •Ordinance No. 24-09 sets the salary for the position of Mayor which will not be raised.



• •Ordinance No. 25-09 sets the salary for the Law Director which will also remain at its current level.

Mr. Moran explained that these salaries must be set 45 days before the deadline for the filing of petitions which means that this ordinance must be passed next week in order to meet the deadline.

MISCELLANEOUS BUSINESS:

Mr. Moran commented that the Mayor has mentioned the celebration of Right-to-Read Week at Kensington School. He had the opportunity to read today and said that both he and the students enjoyed themselves and had a great deal of fun.

COMMITTEE REPORTS:

Contracts-Government and Judicial: Mr. Hunt reported that, based upon discussions at last week's meeting with Mr. Sean Gormley whose TREX application (transfer exempt liquor permit) has been referred to the Contracts Committee, he has called a meeting of his committee for

May 18 at 7:00 p.m., prior to the meeting of the Committee-of-the-Whole.

NEW BUSINESS:

Ordinance No. 26-09: Mr. Hunt noted that this ordinance will amend the most recent three-year collective bargaining agreement with workers at the WWTP by inserting a provision concerning licensure which was omitted by oversight when the contract was signed. In the exhibit, the new Article 5B is attached to the ordinance spelling out obligations for new and current employees for licensing and renewal. If an employee's license should lapse, there will be a six-month grace period during which the employee will be paid at the probationary rate. (Consent Agenda)

Mr. Moran asked if this change has been approved by the bargaining unit. Mr. Hunt said that it has.

• •Mayor Bobst added that it was the six-month grace period which was inadvertently omitted. When this was recognized, the bargaining unit was called back to the table and the ensuing renegotiation resulted in the second paragraph of Article 5B. This article provides that if a lapse were to occur, there would be a six-month grace period, but individuals would be paid at the lower probationary rate because each position is compensated for the license. If the license expires twice, an employee is subject to a disciplinary action up to and including termination. It has been approved by the bargaining unit, so the change is ready to be implemented.

Mr. Furry asked if all employees are in compliance with licensing requirements.

• •The Mayor said that all but one are in compliance which is how this change came about. An employee allowed his license to lapse and as the contract is written, there is no grace period. Discussions ensued with the union which resulted in Article 5B. In response to further questions from Mr. Mylen, she explained that the license in question is not required by the EPA, but is a plant requirement which the Administration feels adds to the professionalism and the quality of employees.

Ordinance No. 27-09: Mr. Hunt commented that this ordinance, which approves a contractor for the first phase of the Lake Road Resurfacing Project, has been a long time in coming. The bid opening on April 24 has resulted in the recommendation to accept the bid of Burton Scot Contractors in the amount of $1,325,162. He noted that the bid is significantly lower than the $1.9 million engineer's estimate that was budgeted. In addition, a memorandum was provided by Engineer Mackay recommending the company and indicating that Burton Scot Co. is a prequalified contractor and has previously worked successfully for the City.

Mr. Hunt indicated that the work to be done on Lake Road will be repaving with asphalt and concrete curb replacements as needed, and sidewalk, driveway and apron replacements, also as needed. (Consent Agenda)

Ordinance No. 28-09: This ordinance authorizes an agreement with MMK Group, Inc. d.b.a. Guttliep Landscaping for maintenance of an unknown number of unkempt properties in the City. Mr. Hunt said that this is the program which provides needed landscaping work for properties which are not being cared for. This contract is for $26/hour per laborer hour compared to last year's hourly rate which was $30. Charges are billed to property owners, but if not paid, will be assessed as a lien against the property so that charges are reimbursed.

• •Mr. Mylen asked if reimbursement efforts are successful. Mr. Bemer said that costs are recouped 100% because if invoices are not paid, the amounts are added to the tax duplicate.



• •Mr. Shepherd asked Director Linden if the work was done efficiently for the hourly rate. Mr. Linden responded that the City cannot care for all the properties, but they do check on the work being done. Mr. Bemer added that this care is transitory because if a property is in foreclosure, for example, the mortgage company is contacted to have its crew maintain the property. Mr. Linden noted that this is a last resort.

Mr. Hunt summarized by saying that although sometimes neighbors maintain properties to keep up the neighborhood, having this program in place protects residents' investments in the City. (Consent Agenda)

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran commented that electrical work is being done in Christensen Estates to rectify longstanding problems. He recognized that although residents are encouraged to notify CEI when a problem occurs, questions can also be addressed to the City. This is a situation where many phone calls on a long term basis have resulted in the construction project.

As there was no further business by members of Council, the meeting was adjourned at 8:32 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council