CITY OF ROCKY RIVER

MAY 5, 2008

The Committee-of-the-Whole was called to order by Mr. Moran, President of Council, at 8:03 p.m.

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

Ms. Arabian, Mr. Long, Mr. Moran

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

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

As reported by news articles, there were significant charge-backs by the Board of Elections for 2007's primary and general elections, which caused the Mayors and Managers Association to ask for detailed accountings. Today the Mayor received the details of charge-backs for the most recent fall general election of 2007, together with the costs of the 2005 election for comparison purposes. These charge-backs which have occurred as a result of state legislative action which authorizes Boards of Elections to recoup expenses by charges to political subdivisions. The Mayor and Finance Director are in the process of reviewing the details, and further information will be forthcoming. The Mayor did mention that one of the most significant charge-backs was for a small number of absentee ballots for the primary election which involved only one precinct. The Charter Review Commission has decided to place on the ballot a change in the primary date which will make it consistent with all other municipalities and will allow for greater cost sharing. These charges are deducted from the City's property tax receipts.

The Mayor reported that she has spoken with Ron Ries, Director of Crossing Safety at the Federal Rail Administration (FRA). He confirmed that the City is correct is using the average number of trains to calculate the risk index. This morning, the Mayor asked for an e-mail confirmation which can be forwarded to Norfolk Southern. Mr. Ries also offered to advocate on the City's behalf with the railroad. The Law Director will communicate with Bruno Maestri of Norfolk Southern to ask the railroad's cooperation in forward movement for the Quiet Zone and to request engineering for the constant time warning and the agreed-upon electronic notification system for safety forces.

On Tuesday, June 3, there will be a meeting for further discussions to update the Development Code. This joint meeting will convene those who have already been interviewed: Board and Commission members, City Council and members of the Administration. It will be led by Consultant David Hartt.

The Mayor was pleased to report that a revised audit report has been received. There had been a negative finding in the 2006 budget, reported in July, 2007. The auditors are now saying that the City had made no error; the report supported the City's original intention, so a reissuance will be forwarded. The Mayor thanked the Auditor of State's office for working with the City on those issues so that they could be clarified.

The 2008 Tree Planting Program has been completed. About 201 trees have been planted (including the tree planted in front of City Hall for Arbor Day). The Mayor complimented Director Linden. Once trees were planted, additional requests have been received. Council members are requested to forward any requests for next year to the Administration which will see that they are received by the Beautification Committee.

On Friday, the 90+ birthday celebration was held at the Senior Center. There were approximately 285 persons in attendance, of whom 147 were honorees. As mentioned last week, the City has identified approximately 280 individuals who are 90 years old or older. The Mayor thanked Council President Moran and Councilman Furry for their attendance and their help.

This weekend will see many activities:

On Saturday,

• •The garlic mustard pull at Elmwood Park will be from 10:00 until noon on Saturday. This very important environmental effort, headed by Chris Pfeil, has made an impact on the effort to block this invasive weed.
• •The opening of Little League will be Saturday.
• •The Police Auction will also be held on Saturday. Items to be sold will be posted on the City's website and sent as an e-update when finalized.

For Sunday, the Mayor wished all mothers a Happy Mother's Day.

• •The Jr. Women's Club will sponsor its "Sprint into Spring" race which will kick off at Beach Cliff Market Square.

The Mayor distributed purple ribbons to commemorate "Paint the Town Purple" week by the Relay for Life committee. Trees are sporting purple ribbons and residents are asked to wear the ribbons distributed. In addition, everyone is encouraged to wear purple on Thursday, May 8. This is done to draw attention to the Relay for Life which will be Friday and Saturday of Memorial Day weekend.

Finally, the Mayor requested a short Executive Session under Article X, Section 6, Subsection (2) of the Charter to consider the purchase of property for public purposes.

Discussion:

Regarding Norfolk Southern, Mr. Shepherd asked about the constant time warning system. The Mayor said that all crossings have this system except Elmwood to alert that a train is on the tracks and to track a train's location. It must be in place before moving ahead. The electronic notification system notifies the City's safety forces of an approaching train so that an alternate route can be taken in an emergency. Responding to Mr. Mylen 's question, a constant time

warning system does not impact the City's score, however, it was brought out that it must be implemented at the Elmwood crossing before the Quiet Zone is established. More information will be in Council packets this Friday.

Mr. Moran asked about the Board of Election charge-backs . The Mayor indicated the legislation allowing charge-backs was passed between the two general elections of 2005 and 2007, accounting for the difference in costs. Managing elections will be an issue because costs are divided among political divisions which have issues on the ballot. When there are school issues, county issues, state issues and municipal issues on a ballot, costs are lower for each individual political division. In 2007, because Rocky River's primary had the only issue, the brunt of the costs was borne by the City, even though only one ward was involved. Going forward, this has been addressed. To illustrate her point, the Mayor indicated that for the general election in 2005, the City was charged $17,386; in 2007 for the same election, the cost was $89,000. These costs are not impacted by electronic vs paper voting equipment. However, there are certain charges related to an electronic system that can be charged back, although some charges were eliminated. The cover letter which accompanied the charge-back details will also be copied for Council packets.

Mr. Shepherd reported that the Westway repaving project has begun. Mr. Linden commented that it is hoped that the project will be complete in a week, but if weather does not cooperate, it could be eight or nine days. The road is heavily utilized, and Mayor Bobst again praised Mr. Linden's persistence in petitioning the County to contribute to the rehabilitation of the road which has resulted in an 80% contribution to the project.

UNFINISHED BUSINESS:

Ordinance No. 36-08: Mr. Shepherd indicated that this ordinance, adding right-of-way legislation, was reviewed by the Planning Commission and was considered at its last meeting; approved minutes should be available for Council's May 27 meeting. Mr. Shepherd asked Mr. Bemer if, in view of last week's comments by AT&T, changes might be made to the exhibit.

• •Mr. Bemer indicated that he had had a lengthy telephone conference today with AT&T attorney Leo Spellacy. Matters discussed included Rocky River's philosophy of the concept of right-of-way legislation and what AT&T sees as problematic from their proprietary interest. In a very good discussion, Mr. Bemer agreed that some things he saw that needed to be "tweaked", and he will provide some amendments to Council. Mr. Bemer also received a telephone message from another attorney who represents utilities and which, as yet, he has been unable to return.

Mr. Shepherd asked if changes made to the exhibit would warrant a second referral to the Planning Commission.

• •Mr. Bemer said he would defer that answer until he sees the full extent of the changes. He has also spoken to Building Commissioner Kevin Beirne, and their conversation

concluded that the term "reconstruction" which came from another model ordinance, was unclear. They felt it was a redundancy, so those references will be deleted. This change is not, in Mr. Bemer's opinion, sufficiently significant to require a second referral. The section dealing with application and permit will also be reworked so that the meaning is clearer: the application is for a permit which is issued by the Building Commissioner. This also would not impact the essence of the chapter.

Mr. Shepherd said that he gathered from last week's question by AT&T that the company was referring to existing structures, and concerned that it may be required to provide landscaping when modifying them. Mr. Shepherd said that, although he could not speak for Council, there was one in his ward which was onerous, and if Council does have the power to require beautification in the case of repairs or modification, he believes that Council would be in favor of that step.

• •Mr. Bemer commented that, interestingly, that unit had been their first topic of conversation. Mr. Spellacy asserted that residents had not commented or complained about that unit outside a few isolated persons. That was certainly not true. He also said that AT&T is doing a redesign of the box. Although the cubic area remains the same, it would be shorter and squatter, which he felt would make it less unattractive.

Mr. Moran asked about the underground AT&T installation on Sunnyhill at Spencer. He asked if there are others.

• •Mr. Linden said there may one or two others, possibly near Addington or Kings Mill Run. Mr. Bemer added that when they were proposed two years ago, AT&T maintained that it was too difficult to insure watertight conditions; the space would be a 30' x 30' area which would have to be excavated at a cost of $40,000 to $50,000 per unit. AT&T considered this cost prohibitive as well as of questionable effectiveness. He also mentioned that AT&T's project Lightspeed is in existence in Rocky River, and where the five or six units have been installed, approximately 100 customers have chosen the service. Some objections heard by the Law Director concerned proprietary information for marketing purposes, such as locations.

The ordinance will be held pending further information.

Ordinance No. 51-08: Mr. Shepherd addressed this right turn on red ordinance which has been presented this week with an amended exhibit adding one intersection at the request of the Police Chief. The Board of Education has registered no objections. This week will be the third reading.

MOTION:

Moved by Mr. Moran, seconded by Mr. Furry and Mr. Long, that, at the request of the Mayor, an Executive Session be held prior to the conclusion of tonight's meeting to discuss the purchase of property for public purposes under Article X, Section 6, Subsection (2) of the Charter.

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

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Mr. Moran then called upon Mr. Jeff Harrington, Superintendent of the Rocky River Wastewater Treatment Plant, present to discuss Ordinance No. 58-08.

Mr. Harrington explained that this ordinance would authorize Kokosing Construction to complete various projects at the WWTP. On Friday, April 25, six bids were received and opened. Kokosing was the lowest bidder at $2,434,000. The projects being completed include:

• •Electronic variable frequency drives and motor control center

• •Rebuilding of three motors

• •Upgrades in ventilation

• •Computer systems attached to some equipment being replaced

• •Replacement of five mechanical bar screens

• •Slide gate actuators

• •Relining 530' of 54" sewer pipe

Mr. Harrington indicated that in September, 2006, Rocky River applied for Ohio Public Works (OPW) funding for the above rehabilitation and replacement projects. At that time, the total estimated cost of this project was $3,427,590 which included engineering, construction services and construction. Last year an ordinance was passed authorizing engineering services with Metcalf and Eddy. This ordinance is for the construction phase of the project.

Mr. Harrington was pleased to report that the actual cost of engineering, construction services and construction will be less than the funds requested. The original funding request for a grant (45%) was approved, a no-interest 20 year loan was also approved (30%). That leaves only 25% which must be paid from the Capital Fund of the WWTP. Further, that 25% cost will be divided among the four cities which are members of the plant. The full amount of the grant, $1,542,416 will be spent first; following that, $549,460 of loan money will be dispensed. The final 25% will be taken from the Capital Fund. To repay the no-interest loan over 20 years will add $27,473 to the WWTP budget; of that amount, 29% will be Rocky River's responsibility. Westlake, Fairview Park and Bay Village will also share in that cost, according to their percentage in the most recent flow study.

Responding to Council questions, Mr. Harrington noted that steel costs may be under better control; companies are looking for work, and Kokosing is already localized. Mr. Moran commented that the City has had success with this firm in the past. Mr. Harrington said that this top notch company is currently completing a $2.8 million undertaking there, a previously funded OPW project. Answering Mr. Shepherd, Mr. Harrington explained that this year, the WWTP began repaying the loan for the first of three OPW projects undertaken. Two failed screw pumps were replaced in the first project, completed in February 2007. The payments are now due, and a line item has been added to the WWTP budget.

• •Mr. Furry pointed out that he had asked how long these improvements would last. He was told that what is being replaced now is 23 years old. Mr. Harrington said that the loan is for 20 years, and most of the new equipment is no longer carbon steel, but stainless steel which is a more corrosive-resistant material. He hopes for 25-30+ years of service from the equipment now being installed.



• •Mr. Mylen asked if the 29% which is Rocky River's share of expenses as determined by the flow study will remain the same for the life of the loan, or whether it will be reset following the next flow study. Mr. Harrington said that the percentage will change. This would be motivation to improve the percentage paid.

Mr. Harrington said that with this third OPW project, a great deal of the original five-year plan which he implemented at his appointment as superintendent will have been completed. As Mayor Bobst has observed, it is time to concentrate on the collection system which now has more immediate issues.

NEW BUSINESS:

Ordinance No. 57-08: Mr. Moran explained that the Finance Department would like to establish a new position, as shown in the exhibit, for a part-time secretary in that department. The Finance Department would like to hire a part-time person who would work from 8-12 or from 1-5.

• •Mayor Bobst added that Finance would then have two part-time positions with distinct skill sets that will complement the work in the Finance Department. One is a clerk which is already in the salary ordinance, but the additional line will be for a part-time secretary, recommended after the review of various position descriptions, for consolidation of finance functions. Additional programming and staff mean that more work has been allocated to the Finance Department. This position will supplement the work of the department and restructure some of the work flow. During certain periods, interns have been employed, but now permanent part-time help is needed.

Ordinance No. 58-08: Mr. Furry commented that Mr. Harrington explained everything concerning this ordinance. (Consent Agenda)

Ordinance No. 59-08: Mr. Hunt indicated that in April, Council passed Ordinance No. 50-08 authorizing the purchase of limestone screening for the Service Department from C & S Limestone. The City has been notified that that company has been purchased by Kokosing Materials. Prices will not change, and this housekeeping change will allow bills to be paid. (Consent Agenda)

Ordinance No. 60-08: This ordinance authorizes the purchase of printing services for the City for the next two years. Mr. Hunt pointed out that the attachment enumerates all the printing services that will be provided. Mr. Linden said that the City has worked with Admiral Products for several years, and is very satisfied with their services. (Consent Agenda)

Ordinance No. 61-08: Mr. Mylen discussed this purchase of a minivan which can be used to transport wheelchair-bound residents. It would replace the larger vehicle now in use which is

rarely used to capacity. With the rise in gas prices, it is sensible to make the change and sell the current vehicle on the open market, replacing it with this one. The budget provides for a $60,000 van purchase, and this one is only $32,000. Mr. Linden said that the availability of this vehicle was a welcome surprise and this is the only company which makes a minivan for wheelchair transportation. It does not have a lift, but it does have a ramp system which is ADA compliant at half the cost of the present vehicle. (Consent Agenda)

• •Mr. Moran asked if there will be additional costs. Mr. Linden said that the cost covers the whole unit.

COMMITTEE REPORTS:

Mr. Bemer asked Councilman Long and Councilman Furry if their committees wished to comment on the Stormwater Management proposed legislation. The Law Director indicated that he needs direction from Council, or if more input is necessary from Mr. Koncelik, Mr. Mackay or Ms. Kerber, that can be arranged. As the due date approaches, the issue should be addressed.

• •Mr. Moran said that last week's presentation was most informative.
• •Mr. Long asked if there is a deadline approaching. Since it is, the Mayor suggested placing it on the agenda of the next meeting of the Committee-of-the-Whole.

ANNOUNCEMENTS:

Mr. Moran stated that Community Challenge will host its Exemplar Award program at the Yacht Club. This year's recipient will be Mayor Pamela Bobst who will be recognized for her dedication to the health, wellness and education of the community's families which assures success in the prevention of drug and alcohol abuse in our youth which is an ongoing battle. Mayor Bobst joins past recipients Fred DeGrandis, CEO of Cleveland Clinic Regional Hospitals, and Dr. Dennis Allen, former Superintendent of the Rocky River School District.

This Council wishes to join the community in recognizing the Mayor for her accomplishments. He commented that Council is proud of the job she is doing and then read and presented to her with a Council proclamation praising her talents and accomplishments. He thanked her for doing the job so well.

The Mayor thanked Community Challenge and all civic organizations that make a difference in the community. She also thanked Council members and expressed her appreciation.

As there was no further business by members of Council, members adjourned to the Executive Session at 9:06 p.m. No further business was discussed following the Executive Session.

The meeting was adjourned at 9:26 p.m. following the Executive Session.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council