CITY OF ROCKY RIVER

JUNE 9, 2008

The Regular Meeting of Council was called to order by Mr. Moran, President of Council, at 8:03 p.m. in the David J. Cook Council Chambers.

Council Members Present: Mr. Hunt, Mr. Mylen, Mr. Shepherd, Mr. Furry, Ms. Arabian, Mr. Long, Mr. Moran

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

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the Legislative Meeting of May 27 be waived, and that the minutes be accepted as submitted.

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

Arabian - aye Long - abstain Moran - aye

6 ayes 0 nays 1 abstention PASSED

Moved by Mr. Moran, seconded by Mr. Long and Mr. Furry, that the reading of the minutes of the meeting of the Committee-of-the-Whole of June 2 be waived, and that the minutes be accepted as submitted.

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

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Mr. Moran briefly explained the agenda for tonight's meeting, pointed out that there will be two opportunities for public comment: the first for any legislation on this evening's agenda and the second on any matter.

MAYOR'S REPORT:

Last evening at the Don Umerley Civic Center, the first concert in the summer concert series was attended by an audience of approximately 300 who enjoyed the Rocky River Community Band and Community Chorus. The next concert will be in Rocky River Park on June 22. The band will be Revolution Pie and will play the sounds of the Beatles.

The Senior Transportation Program has received a contribution of $350 from the Rockport Retirement Center. The Mayor thanked them for their generosity for their support for this very important community program.

On Saturday, the Rocky River United Methodist Church had a ground blessing for its new addition. Council members may have seen the plans for the large addition which will be constructed shortly. The Mayor reported that it was a wonderful ceremony which also included the groundbreaking.

On Wednesday, there will be a DARE graduation at Kensington School followed by the traditional celebration at Rocky River pool.

The Ohio Public Works Commission, which awards grants and zero interest loans for sewer and WWTP projects, has notified the City that the current application process will remain the same. As announced earlier, $400 million has been added to the program. In August, the City will have an opportunity to submit another project, and the Mayor has already requested that Safety-Service Director Linden and City Engineer Michael Mackay review the Comprehensive Sewer Maintenance and Rehabilitation Plan to select the next project. The City's intention at this time is to submit the Hampton interceptor for grant/loan consideration. Those funds will be available in December 2008, far sooner than in the past, because the funding cycle has changed from $12 million countywide to $24 million. In 2010-2011, although actual amounts have not been determined, in 2010 funds will be allocated for roads and bridges and in 2011, for telecommunications.

On June 18, the City will host a community forum at the Don Umerley Civic Center that will be titled, "One Child is Too Many". This will be a collaborative effort of the City, the schools and Community Challenge to present to the community and parents the prevention strategy and proactive programs to work with youth in preventing drug and alcohol abuse.

The RTA, together with the state Task Force on Transportation Priorities, will hold a regional meeting on Tuesday, June 17 at Cleveland State University from 4:00 to 8:00 p.m. This will be a public meeting to discuss transportation priorities in the state. Those interested in commuter rail, a train between Cleveland and Columbus or other transportation options should plan to attend. This will be announced on the City's website as well as an e-update for residents.

The airport noise meeting has been postponed until Monday, June 30.

Friday there will be a bid opening for the paving projects for Gasser and Cottonwood, so legislation will follow shortly.

A very productive meeting was held with consultant David Hartt whose firm is charged with updating the Development Code. The Mayor thanked everyone who attended which included members of Council and boards and commissions, and staff personnel. The next meeting has been scheduled for Tuesday, July 8 at 7:00 p.m. and attendees were asked to review the firm's recommendations and forward any suggestions or other feedback to Kory Koran.

The demolition is complete at City Hall Park and the site for the new playground has been graded. Weather permitting, new equipment will be installed this week.

More than 1500 guests attended the outdoor pool over this last weekend. Income from pool passes was more than $24,000.

Discussion: Mr. Long asked about the time of the community forum on June 18. The Mayor responded that it will be from 7:00 to 8:30 p.m.

LAW DIRECTOR'S REPORT:

The Charter Review Commission will meet this Wednesday at 7:00 p.m. for the primary purpose of approving minutes. When that occurs, the drafted legislation will be forwarded to the agenda.

Mr. Bemer reported that he has had his third contact with the AT&T legal representative this afternoon. Issues have been resolved except one concerning the amount of a maintenance bond. Input will be requested from the Safety-Service Director and the City Engineer before the final draft is prepared. The Law Director expects to prepare the updated modification of the ordinance for this week's Council packets.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 36-08 BY JOHN B. SHEPHERD

AN ORDINANCE TO AMEND PART NINE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, OHIO TO INCLUDE A NEW CHAPTER 913 TITLED RIGHTS OF WAY ADMINISTRATION

Mr. Shepherd explained that this is the right-of-way ordinance, and the Law Director stated in his report that the final draft should be forwarded in this week's packets. He hopes to discuss any changes at next week's meeting and call for a possible vote at the next Legislative Meeting.

ORDINANCE NO. 63-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE ADDING CHAPTER 1311 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "CONTROLLING SITE SOIL EROSION, SEDIMENT STORM WATER QUANTITY MANAGEMENT AND POST-CONSTRUCTION STORM WATER QUALITY RUNOFF" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

Mr. Furry noted that, as discussed last week, the Planning Commission is expected to certify its minutes at its next meeting. He anticipates a third reading and a vote on passage at the meeting of June 23.

ORDINANCE NO. 64-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE ADDING CHAPTER 1315 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "ILLICIT DISCHARGE AND ILLEGAL CONNECTION CONTROL" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

This ordinance was also referred to the Planning Commission, and Mr. Furry anticipates that following the certification of Commission minutes, Council will have a third reading and vote on passage at the next Legislative Meeting.

ORDINANCE NO. 66-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE TWO (2) 2009 TANDEM AXLE CAB AND CHASSIS FOR PACKER REAR LOADING BODIES FOR THE SERVICE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM INTERNATIONAL TRUCK & ENGINE CORPORATION AT A TOTAL COST NOT TO EXCEED $147,876.00

1^ST READING

Mr. Mylen explained that the purchase of these two cabs and chassis have been budgeted and the prices are based on last year's figures. The City has been able to extend the price twice, and there is now a hold on it. Mr. Mylen suggested discussion of the purchase at next week's meeting of the Committee-of-the-Whole with possible passage the following week.

Mr. Furry asked Mr. Linden to explain the definition of a "tandem axle cab and chassis for packer rear loading bodies".

• Mr. Linden explained that this is the cab which carries the driver and the chassis on which the body will rest. Years ago, packers were purchased in one unit, but that cannot be done today through the State Cooperative Purchasing Act. The cab and chassis are purchased in this way, and the packer unit has been placed for bids which will be opened on Thursday. The complete item should be available for discussion next week. In response to a further question, Mr. Linden indicated that the successful bidder will install the packer on the chassis.

MISCELLANEOUS BUSINESS:

Sewer Charges: Mr. Moran noted that phone calls have been received by the City this week in response to the mailing of sewer bills. He indicated that he had received five communications and entered a letter from Dr. Joan Horvath of 22582 Vine Ct. into the record. Dr. Horvath believes that the $25 sewer fee should be based upon water usage. (Exhibit "A")

Another issue was how information was presented to residents. Mr. Moran turned to the Mayor, asking about residents' reactions.

Mayor Bobst indicated that the City received many phone calls asking the reason for the fee. She noted that the issue has been discussed for a long time-two years this summer-as part of the discussion of the Comprehensive Sewer Maintenance and Rehabilitation Plan and its ongoing funding. Late last fall, the fund was on Council's agenda for several readings. The Sewer Rehabilitation Fund was also established.

She explained that most residents understand that the sewer system needs to be addressed. An explanation of the additional fee was included on the back of the bill. The Administration chose to explain the charge in this way because it had been communicated in so many ways, such as appearing frequently in the newspaper, without public comment during the months discussions were ongoing. Because sending a notice to every resident would cost $6000-$7000, it was decided to place the explanation on the bill because this would not add any cost to the notification.

The other question was why this method was chosen to fund the plan. The Mayor and Finance Director looked at every possible way to implement an ongoing funding source, including comparing what other communities are doing. The Mayor noted that Rocky River still has one of the lowest sewer charges. The reason for choosing a flat fee was because of the necessity of a reliable and predictable source of income. The important part of having reliable income is that it can be used as leverage. Approximately $700,000 a year is generated by this fee for maintenance and rehabilitation. In today's dollars, $55 million to $60 million is needed over the next 20 years. This sewer charge will certainly not be sufficient, but funds generated can be used as leverage when applying for grants and other funding. Even before passage, the City submitted a grant application to Ohio Public Works. By using the $700,000 as leverage, the City was able to secure a $3 million zero interest loan so that the Valley View Project can move forward. This is a $5 million project. The Mayor also noted that Lakewood is looking at $300 million of sewer infrastructure work.

Mayor Bobst pointed out that sewer rehabilitation is a focus of the City because of its importance and the need, as shown by the August 7, 2007 widespread flooding event. Another important part of the program is the success enjoyed by the City with Ohio Public Works and she commended WWTP Superintendent Jeff Harrington for his work. More than $7 million over the last three years has been spent to assure that the WWTP is functioning optimally. Now it is time to turn attention to the collection system and this effort addresses that need. In retrospect, it may have been a good idea to send an explanatory letter, but the Mayor said she did not feel that it was a good use of taxpayers' dollars when the topic had been so well publicized. The many phone calls have shown the Administration the importance of communication. As a footnote, the Mayor explained that this quarter is the sewer bill reconciliation quarter. Three estimated bills are sent, and this bill is adjusted according to the actual reading. Because of this, some bills can be much higher than the previous three. The $25 fee was additional.

Finance Director Thomas explained that having two amounts on the bill with the same code (BR which means Base Rate) has also caused some confusion. Having this designation on both amounts will allow the computer program to automatically allocate collected money, when posted, to the proper fund. The program will, therefore, direct the $25 fee to the Sewer Rehabilitation Fund. Mr. Thomas noted that calls are still being received as residents prepare to pay their bills. Mr. Moran confirmed that 100% of this fee will be applied to sewer rehabilitation.

Mr. Linden said that he has often been asked, why now? He said the City's sewer infrastructure is aging, and the 28-30 annual overflows at the WWTP are now illegal. The sewer system will not hold what is being fed into it and must be rehabilitated. He said that this mayor has taken decisive action to do the job correctly, and he stands solidly behind her because she is doing what must be done.

AUDIENCE PARTICIPATION:

Robert Sledz, 22283 Sunnyhill, said that he appreciated the time provided for his comments, and particularly for the time given by President Moran to discuss the sewer charge situation. As a resident, he is very much in favor of the plan. The infrastructure is a great need and addressing it is the right thing to do. However, as a landlord of a multiple-unit building, he has already noticed many "For Rent" signs and buildings which are not fully occupied. Owners in that situation have a diminished income, yet must pay $150 every three months, even with half the income. The sewer charge goes on whether or not suites are occupied. In Rocky River, he said it is undeniable that there are many signs indicating available suites in multiple-unit buildings as well as nice buildings for sale. This sewer fee is a hardship for landlords who recently were required to buy carbon monoxide detectors and fire extinguishers.

Because one sewer bill is sent to a multiple unit building, the owner must distribute costs to the tenants, and he suggested that City officials might help by composing a letter to help justify the costs. This plan is for the betterment and the future of the City for all occupants-homeowners, condo owners, even renters will benefit from good schools and excellent City services, but he said that landlords could use some help in justifying costs to their tenants. Although he saw articles in the WestLife last winter about discussions under way, he didn't grasp all the ramifications until his bill arrived. He would appreciate a letter which could be copied and passed on to his tenants.

• The Mayor responded that the City has a great deal of information which could be shared with tenants. The explanation on the back of the bill also contains a great deal of information, but was not seen by tenants. This is an investment in the entire system and in the community. It means upgrading not just pipes in front of homes, but pump stations, interceptors and the entire system and all residents are investing in the future. She promised to forward information tomorrow by e-mail. She also said that if tenants wish to discuss any aspect, the Administration would be happy to assist him.



• Mr. Moran observed that communication with Mr. Sledz brought out the fact that the residents of Rocky River would share not only the costs, but the benefits of an improved sewer system. Following discussions with residents, Mr. Moran found that most were understanding of the fact that this needs to be done.



• Mr. Harrington, Superintendent of the WWTP, came forward to reiterate how important it is to invest in the City's sewer system, not only to residents and the City, but to the treatment plant and the four cities that utilize it. All four are aware of these issues and are working toward a solution to lower the high flows at the plant which have caused repair problems and higher costs at the plant. The EPA is also monitoring collection systems, and flooding events must be reported.



• The Mayor added that last fall, shortly after the August 7 flooding event which caused widespread flooding in all four communities which release into the WWTP, the City convened a meeting of Safety-Service Directors, engineers, Mayors and other individuals involved with the collection systems. Everyone made a commitment to perform maintenance such as sewer jetting, dye testing and other measures necessary to improve collection systems. Although we do not like the sandbags scattered throughout the City, they are very effective as a temporary measure until the restrictor program can be totally implemented.

As there was no further business by members of Council, the meeting was adjourned at 8:42 p.m.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council