CITY OF ROCKY RIVER

MAY 21, 2007

The Committee-of-the-Whole was called to order by Mr. Hagan, President of Council, at 8:05 p.m.

Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mr. Hurtuk,

Mrs. Bartolozzi, Mr. Long, Mr. Hagan

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

Law Director: Mr. Bemer

Press: Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The Police Department has received a grant of $24,107 from the ODNR which will assist in the operation of the Marine Patrol The Mayor commented that it would be put to good use monitoring the Rocky River and the lakefront.

On Monday, the Memorial Day Parade will begin at the high school and travel along Detroit Road to Lakewood Park Cemetery where a ceremony honoring our fallen soldiers will be held.

On Friday, the Relay for Life will begin at 6:00 p.m. Anyone interested in joining Team River to walk for the event is invited to visit the City's website where more details can be found. The Mayor noted that the enrollment process is simple and participants will receive a t-shirt.

The post office has submitted plans to improve the parking lot and for fencing which are being reviewed by Commissioner Beirne, Safety-Service Director Linden and Chief Wagner before being referred to the Planning Commission. The Mayor was happy to see the plans as it is a good indication that funding has been arranged.

The pool will open June 2.

The West Shore Council of Governments met last week and will be moving forward on a fire

services efficiency study which will be conducted by Cleveland State University. Back in December, the WCOG led by Mayor O'Grady, received a proposal from CSU which has been reviewed. It has now been learned that Forest City Enterprises, through its foundation, is interested in funding that study. The scope will include a study of best practices in an effort to reduce costs and increase efficiency, safety and services to West Shore residents. As yet, plans have not been finalized, pending absolute confirmation of funding by the Forest City Foundation. The Mayor commented that this is a timely issue since there is already central dispatch in the West Shore area. The study will include Lakewood, North Olmsted, Fairview Park, Westlake, Bay Village and Rocky River.

The Police Auction will begin at 9:00 a.m. on Saturday, May 26.

Council will receive legislation this week regarding amendments to the WWTP Agreement. Three changes will be proposed:

• A clarification of the process of review and recommendation of the budget within the WWTP Management Committee.
• A change in the timing of the WWTP report to the Management Committee to coincide with the Annual Report.
• Provision for a mayoral designee or appointment. Mayor Bobst is chairman of the WWTP Management Committee, so Rocky River is unaffected, but for the other cities, it will mean that business can proceed, even if a mayor is unable to attend the meeting personally.

The Mayor expressed thanks to Director Linden for overseeing the repair on Riverdale which is now complete. The Westover and Roslyn projects are progressing well as contractors and the weather are both cooperating.

Proposals for improvements to Tri-City Park including paving and other minor matters, have been forwarded to Westlake and will then come to Rocky River. The Mayor will keep Council apprised of the City's participation in that project.

Last Tuesday, the Red Cross invited the Mayor to give a brief presentation at its Donor Recognition Dinner. While attending with Chief Flynn and Chief Wagner, the Mayor accepted a plaque on behalf of the City. The inscription recognized the heroic efforts of the Rocky River safety forces and the partnership between the City and the Red Cross. The Mayor acknowledged the work done by the Red Cross and the City's safety forces in the Heritage House fire.

Superintendent Harrington of the WWTP was present to discuss Ordinance No. 54-07, and he came forward at this point. He explained that this ordinance deals with the replacement of a transformer which failed in January and which is necessary for the plant's secondary process. It was slated to be replaced this year, and because of its age and corrosion, it is thought best to replace it immediately. The backup was replaced during the recycle pump station project.

Three bids were received; the lowest and best bid of $75,045.00 came from Herbst Electric Company, which has been involved with the last three major projects and has been an excellent contractor. In conjunction with the consultant, Metcalf and Eddy, Mr. Harrington recommended that this firm be authorized to proceed with replacement of this transformer.

• •Mr. Long asked about the age of the transformer being replaced. Mr. Harrington said that this transformer, one of 12 around the plant, was placed in service in 1985 and because of its position under the screw pumps, was exposed to leakage from time to time. This promoted corrosion and explains why other transformers are in better condition. Since the screw pumps have been removed, this should no longer be a problem.



• •Mr. Hunt distributed a picture of the defective pump from the 2006 Annual Report.

As there were no other questions, Mr. Hagan returned to the regular agenda.

UNFINISHED BUSINESS:

Resolution No. 10-07: This resolution will continue on hold until clarification is received from Norfolk Southern concerning the impact of commuter rail traffic versus the Quiet Zone.

Ordinance No. 36-07 and Ordinance No 37-07: Both of these ordinances deal with sign regulations. Mr. Gollinger has met with Mr. Bemer and Mr. Linden and he believes that there is still some confusion about the wording of Ordinance No. 36-07, and he would like to review it once more before its second reading. If it is clarified by next week, he will move to send both ordinances to the Planning Commission.

MISCELLANEOUS BUSINESS:

Transfer of Liquor Permit: One application for transfer was under consideration, at 22474 Lake Road from Kory and Angela Koran DBA Doruntina's Deli to 22474 Lake Inc, DBA Pier Beverage & Deli. The police background report has been received, and lists a misdemeanor arrest. Chief Wagner indicated that the Liquor Commission will not withhold approval of a transfer unless there is a report of felony arrest. In view of the information received, there were no objections or votes to request a hearing prior to the transfer of the license.

Rocky River Development Code Update: Mr. Hagan noted that Director Koran was present at last week's meeting to raise the issue of updating the City's Development Code. This evening, during the meeting of the Planning, Zoning and Economic Development Committee, the issue was discussed again relative to sign design standards to guide boards and commissions.

Mayor Bobst reported that the Administration is sending letters to 11 consulting firms requesting proposals, to be returned by June 15. At that time, they will be reviewed, evaluated and brought to Council.

• •Mr. Hurtuk asked how the firms were selected.

The Mayor responded that Mr. Koran had been in contact with several firms, and offered to provide the list and the letter to members of Council. At the request of Mr. Hurtuk, those that applied to design the City's Master Plan will be indicated.

Mr. Gollinger noted the recent discussion on the updating of the Code to match the Master Plan. There will be a determination on the sequence. Mr. Gollinger met with Mr. Koran and gave him input, and is awaiting his response. Mr. Gollinger recalled that he suggested changes be made as the process continues rather than all at once at the end. In this way, parameters can be set, and changes accomplished before continuing to the next area.

Mr. Hagan asked if Council wishes to develop codified design guidelines for the City. If so, he suggested review of the Shaker Heights code, provided by the Mayor, and also that of Fairview Park. Any guideline formulated would eventually be forwarded to the Planning Commission and be used to facilitate matters for the boards and commissions.

Mr. Bemer noted that it is not only design criteria, but all standards and criteria to apply. He said that our Code is not user friendly, and there are some standards regarding, for example, setbacks, heights, widths, etc. which could be outdated, given their age and the subsequent implementation of the Master Plan. He commented that there is a need to overhaul the entire Development Code.

Mayor Bobst reported that the entire Development Code will be forwarded to the consulting firms with a reference to the Master Plan on the website. The firms will also be requested to look into a design and architectural code. Mr. Hagan suggested that if Council members review what other cities have done, this could be a base for discussion.

Mr. Hurtuk suggested that through Mr. Mackay, Middleburg Heights' Development Code may be available.

Ohio Senate Bill 117 - Statewide Franchising of Video Services: Mr. Hagan commented that Council missed its opportunity to express opposition to SB117 as it has already passed and been sent to the House. The House will review the bill, debate it, possibly make some changes and send it to committee or to the Governor. With a consensus of Council, Mr. Hagan asked Mr. Bemer to draft a resolution including the concerns of the Ohio Municipal League to be sent to Representative Brady.

The Mayor will also provide a summary of the bill and its provisions to Council members.

COMMITTEE REPORTS:

Parks and Recreation Commission: Mrs. Bartolozzi reported that the Commission met on Wednesday, May 16. At that meeting, the primary issue was the fee structure for use of the ice rink and for winter activities. An ordinance has been presented on this agenda.

Planning, Zoning and Economic Development Committee: Mr. Gollinger indicated that his committee met this evening as a follow-up to last week's meeting to discuss temporary signs and projecting signs. Based on tonight's discussions and a review of the information on Hudson's code provided by the Mayor, he will meet with Mr. Bemer so that a potential ordinance can be presented for further discussion.

NEW BUSINESS:

Ordinance No. 49-07. Alternate Ordinance No. 49-07, Ordinance No. 50-07 and Alternate Ordinance No. 50-07: These ordinances authorize compensation for members of Council and for the President of Council. The alternate ordinances keep compensation at present levels; the others raise the salary by $1000 in each of the next two years. Mr. Hurtuk explained that consideration is necessary at this time because the Charter mandates determination of compensation for elected officials 45 days before the filing deadline, which is July 20 this year. Summaries of pay levels in the county have been provided to Council members, showing a range from $5000 to $11,000.

Council members expressed their opinions on where the compensation level should be. Among the points raised:

• •This position is not one taken because of salary. It is a full-time involvement, and could easily be a full-time position.

• •With increases in recent years, Council salaries went from the lowest in the area to the middle range.
• •Community service is the most important of all Council motivations. Expenses are incurred, however, and salary may help to reimburse those expenses.
• •Compensation is for the position, not the person. It is difficult for returning Council persons to vote for an increase. With new Council persons next year, there will be many challenges.
• •In comparing compensation with other cities, it should be remembered that Rocky River has two additional responsibilities not found in other cities: a regional wastewater treatment facility and a multi-jurisdictional municipal court. Both require more work and responsibility on the part of council members in this city which is not reflected in the matrix.
• •In comparing compensation with other cities, it should be remembered that this Council meets weekly in addition to committee meetings. Many other councils meet bi-weekly or monthly, and some take a two-month recess.

It was the consensus of Council that the alternate ordinances be accepted; that salaries remain at current levels for the next two years.

Ordinance No. 51-07: Mr. Hurtuk, following the discussion of Council compensation, expressed his opinion that the next two positions, Mayor and Law Director are different, with both requiring large commitments of time. Ordinance No. 51-07 sets the compensation of the Mayor. For both of these positions, he commented that the salaries haves been low, and these adjustments are warranted.

• •Mayor Bobst noted that the last increase for the mayor's position was approved in 2003. During that period, City payrolls have experienced increases of 2.7% and 2.75%. To arrive at the compensation in the ordinance, the HR Director has been consulted as well as comparative salaries from other cities which Council members have also reviewed. The City's salary ordinance has come before Council and contains the compensation for directors; this ordinance does not create parity for the mayor's salary, but it does provide for some increase. With the normal increases provided to employees, the mayor's compensation at the end of 2009 would be over $86,000, which is not being requested. The Mayor's office is very focused on the budget, and this modest increase is warranted.

Mr. Moran commented that this is more than a full-time position, and usually CEO's are more highly compensated than others in the organization. This increase is minimal for a position which calls for involvement at all times. This also applies to the Law Director whose work day is not always from nine to five. He strongly supports both of these increases.

Mr. Long pointed out that these two positions are 24/7 jobs. With the size of the City's budget a higher salary could be warranted. He also supports these ordinances.

Mr. Hagan, too, expressed support for increases for these positions, particularly with the added responsibilities for the WWTP and court.

Ordinance No. 52-07: This ordinance authorizes an increase in the salary of the Law Director and also in the hourly rate for additional work.

• •Mr. Bemer pointed out that standards are high for all elected officials in Rocky River as well as for all employees. While it is difficult to quantify the value of what each person does, he thinks that, at the least, an average of what others in similar positions earn is called for. Mr. Bemer disagrees with the fact that the Mayor is paid less than some directors; the CEO should have at least $1 more than directors. For the position of law director, this increase of $2000 per year for the next two years would place his position in the middle of law directors' salaries for cities of similar size. He feels that this position warrants this amount. He appreciates the kind words for the position and hopes that he has established new criteria.

Ordinance No. 54-07: Mr. Hunt noted that Superintendent Harrington spoke to Council earlier and answered questions about this ordinance which replaces an electrical transformer at the WWTP. This expense is in the budget for this year. This transformer did, in fact, fail, and a portion is operating now with back-up now. Mr. Harrington has recommended this firm to do the work because of its good track record in recent projects. (Consent Agenda)

Ordinance No. 55-07: Mrs. Bartolozzi explained that this ordinance will amend fees for use of the ice rink. This is traditionally done every two years. General admission will be raised by $.50 and for classes, increases of $3 to $5. Although there is no emergency since this ordinance has been presented in good time for the winter season, there is no reason to delay as these increases have been approved at the last meeting of the Parks and Recreation Commission. (Consent Agenda)

Because of the Memorial Day holiday next Monday, the Council meeting will be held on Tuesday, May 29.

As there was no further business by members of Council, the meeting was adjourned at 9:00 p.m.

________________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council