CITY OF ROCKY RIVER

JULY 6, 2009

The Committee-of-the-Whole was called to order by Mr. Moran, President of Council, at 8:00 p.m.

Council Members Present: Mr. Shepherd, Mr. Mylen, Mr. Furry, Mrs. Arabian Whitman,

Mr. Long, Mr. Moran

Absent: Mr. Hunt

Administration: Mayor Bobst, Mr. Linden, Superintendent Harrington

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

A water leak under the bridge on Detroit Road is being investigated. Due to Mr. Linden's efforts, the water is being diverted, so its impact has been limited. Shortly after discovery of the water leak, a gas leak was caused by a contractor.

• •Safety-Service Director Linden reported that East Ohio repaired the gas leak by 3:00 p.m. Water is still flowing and being diverted from the hillside to a storm sewer and further investigations will continue tonight and tomorrow morning.

The Mayor distributed a map showing a proposal from the Board of Elections to reduce the number of precincts in the City as well as a map showing the current division into precincts. She noted that this proposed change does not change the boundaries of the wards, but reduces the number of precincts with the intent to make the election process more efficient and cost effective. Since these costs are now passed on to local municipalities, school districts and other authorities, this cost-saving efficiency is important. There are currently 26 precincts and if the proposal goes into effect, ten will be eliminated, with an average number of voters per precinct rising from 669 to 1088. As outlined in a letter from the Board of Elections, the proposal will reduce the number of precinct committee persons for both Democratic and Republican organizations; the Mayor will be certain that they are aware of the changes.

The Plain Dealer announced that the submission of the Westshore Council of Governments of a plan for increased fire department cooperative services is one of nine finalists in the competition sponsored by EfficientGovNow, and the only one selected from Cuyahoga County. Three prizes of $100,000 each will be awarded through grants to the three projects which receive the most votes at the organization's website, and the Mayor urged residents of Northeastern Ohio to visit the website, review the projects and vote for their favorites. In August the top three will be announced and each of those projects will receive $100,000. The Westshore project does not mean establishing one fire district, but rather collaborations and partnerships among the Westshore neighbors to reduce costs of training, fire prevention, fire inspections and possibly even hydrant inspections and other functions performed by each separate department. An e-update will be sent with a link to EfficientGovNow.org on the City's website.

The Fire Division has received an EMS grant from the State of Ohio for $3000 which will be used for materials and equipment. These funds will be used soon to help meet the needs of the City's EMS squads.

Two Charter Amendments will be submitted to City Council next week. The deadline for consideration on this November's ballot is September 4, and the ordinances must be passed and forwarded to the Board of Elections by that date.

The amendments being prepared by the Law Director will:

• •Clarify the language regarding primary elections and the circumstances in which they are required.
• •Provide consistency in candidate filing deadlines.

July 4-11 is "Buy Local Week" sponsored by COSE. The City and Chamber of Commerce are sponsoring BuyRiver, a part of IBUYNEO, a customer loyalty program which will be honored in any establishment that participates in IBUYNEO. The Mayor expressed pleasure in being a part of this program which supports locally owned and operated businesses.

A special event at the pool scheduled for Friday had to be rescheduled for Sunday because of the weather. Over 700 attended yesterday, enjoying games, prizes, picnic foods and many other activities. The Mayor thanked all those who planned the event and the families who participated.

A check has been received by the Recreation Department from "Run for the Young", a race held at Crocker Park for the benefit of Westshore communities. The $5000 check will support youth activities. The Mayor thanked the organizers of this event and the Cleveland Clinic Health System, specifically Fairview Hospital.

River Days will be this weekend. Residents have received a flyer outlining all the fun events. The Mayor extended thanks and enthusiasm for all the activities which are sponsored by community organizations such as an antique appraisal fair, A Taste of River, historic tours featuring Lolly the Trolley, the vintage car show and "Pie in the Park" on Sunday followed by the next in the summer concert series on Sunday evening. She invited Council members to serve pie to residents once again.

The Senior Center Art Show will also open at 2:00 p.m. on Friday, July 10 and will continue until July 24.

Discussion: Responding to a question from Mr. Mylen, the Mayor clarified that voting in the EfficientGovNow competition is limited to residents of Northeast Ohio, and one vote per person.

UNFINISHED BUSINESS:

Ordinance No. 42-09: Mr. Shepherd noted that this ordinance, which authorizes the purchase

of turnout gear for the Fire Division, was discussed at the last meeting. This apparel, which is worn by while fighting fires, is custom fitted to each individual. The gear currently being used was purchased in 2001, and was recommended to be replaced in 2006. Replacement has been provided for in the budget. (Consent Agenda)

• •Safety-Service Director Linden commented that there has been a price increase of 9% in the price of this equipment.
• •The Mayor added that she requested confirmation in writing that the company would honor this year's lower price until July 15.

MISCELLANEOUS BUSINESS:

Mrs. Arabian Whitman announced that she has been working with the Administration on a community wellness program, Healthy Rocky River. A steering committee resulting from meetings with Ray Marvar of the Cleveland Clinic, other Clinic members and representatives of Medical Mutual, plus some City employees has worked together to formulate and launch this program, drawing on experiences of other cities. The program will start slowly with a booth at River Days to distribute information on the 10-week program and work toward a big event in October. Their website will provide details.

COMMITTEE REPORTS:

Safety Committee: Mr. Shepherd presented the update on the work of his committee.

Committee members are Mr. Moran, Mr. Hunt and Mr. Mylen.

The general purpose of this committee is to oversee and support the safety departments, police and fire. It also encompasses issues related to those departments, including changes in criminal laws, safety laws, purchases and other businesses conducted by those departments as well as civil service, because the only City employees subject to civil service are police and fire.

The Police Division for 2008 had a budget of $3,963,000 with 39 full-time employees and approximately the same number of part-time employees including dispatchers, school guards and community service officers. For 2008, there were 13,713 calls and 9,416 citations issued. Their equipment includes 17 cruisers, two motorcycles, two canine vehicles, two dogs, and a police boat, the Argus, which is partially subsidized by the State.

The Fire Division for 2008 had a budget of $3,055,000 with 29 full-time fire fighters. For the year, there were 2,581 calls of which 1,956 were medical emergencies with an average response time of 4 minutes,16 seconds. All fire fighters are trained EMT's and paramedics. Their equipment includes two pumpers, one ladder truck, two EMS squad vehicles, and they also have a centralized dispatch system.

Recently, the safety legislation has raised fines for parking violations in keeping with neighboring communities, and increased impound storage fees. It has also delegated authority to the Civil Service Commission to set application fees which facilitates regionalization of the examination process for new police and fire candidates and should result in cost savings.

Concerning the hiring process, Councilman Shepherd noted that in the range of 200 applications are usually received when openings are announced, and the applications are subject to written, physical agility and psychological testing, as well as the most important, personal interviews. From the original 200 applications, only one or two are usually hired in this very selective process. During his tenure on the Civil Service Commission, Mr. Shepherd said he was proud of the quality of the personnel hired.

Personnel consulted by the Safety Committee include Safety-Service Director Jim Linden, Police Chief Don Wagner, Fire Chief Christopher Flynn, Fire Prevention Officer Rob Crowe, the Mayor and the Law Director.

The last meeting of the committee was April 8 and generated the ordinances on storage fees and parking fines. Several other issues were discussed for possible future action:

• •the intersection of Westway and Wagar, congested during school drop-off or pick up hours.



• •a snow parking ban



• •cell phone and driving issues, delayed because of discussion on consistency among adjacent communities and the City's existing ordinance allowing citations for inattention which can apply to cell phone use.



• •modification of the child restraint law to mirror the state law.



• •review by the Fire Division of a simplified ticket approach to fire code violations



• •possible recommendation by the Fire Division of more severe penalties for causing false fire alarms

Discussion: Mr. Bemer commented that the state legislature has passed a law mandating the use of lights whenever windshield wipers are in operation. He suggested that this may be a topic for future discussion by the Safety Committee.

• •Mr. Shepherd agreed, noting that if drivers are cited, fines would then remain in the City.

Mr. Moran commented that a law was passed in Cleveland prohibiting texting while driving. He said this could be an issue of consistency among neighboring cities. The Mayor noted that Rocky River has a comprehensive law requiring "full time and attention" which prohibits any activity which detracts from a driver's attention while operating a motor vehicle.

NEW BUSINESS:

Resolution No. 44-09: Mr. Shepherd noted that this resolution will authorize an application for a D.A.R.E. grant from the state and participation in the D.A.R.E. program. Through this program, whose aim is to educate students about drugs and alcohol and encourage good choices in those areas, the state will contribute approximately $18,000 toward the salary of the D.A.R.E. officer who this year will be Tracy Hill. Classes are offered in the 5^th grade at Kensington and 6^th grade at the middle school in the fall and spring. Classes are also offered at Ruffing Montessori. The deadline for application is July 16. (Consent Agenda)

• •The Mayor added that the program is also provided at St. Thomas Lutheran School and St. Christopher's.

Resolution No. 45-09: Mr. Moran has discussed this resolution with Mr. Hunt, the resolution's sponsor. It will authorize an agreement for partial funding of the sanitary sewer improvements for a portion of Elmwood Road. (Consent Agenda)

• •Mr. Bemer noted that a change has been made in Section 1 modifying the ordinance to state that the amount of $442,500 will be provided by stimulus funds through the American Recovery and Reinvestment Act (ARRA).

• •The Mayor explained that although the funds are administered by the loan fund, a grant for 50% of the total amount is returned to the City and additional grants may also be made. At this point, when the City is offered half grant and half loan financing, it may choose not to accept the loan because the interest rate may make it very expensive, but it is an option. She also noted that while this resolution calls for an loan application as mandated by ARRA, the City has already been chosen as a recipient and does not have to accept the loan if it chooses to pay the balance from City funds.



• •Mr. Furry asked if the terms and conditions of receiving stimulus funds are restrictive, and the Mayor said that it is very early in the administration of this program. At this point, only a few restrictions in the bid process have been imposed. In this case, the loan converts to a grant of at least 50%. The decision to accept the balance as a loan or to repay that amount through City funds will be made at a later date. She noted that the $885,000 is in the budget under Capital Improvements.



• •Mr. Moran noted that this resolution authorizes an application; further decisions can be made later as conditions are made known.



• •Mr. Long asked what improvements will be made to the sanitary sewer. Mr. Linden said that it will be enlarged to accommodate the flow from a larger pipe without blockage.

Ordinance No. 46-09: Mr. Furry explained that this ordinance will authorize the renewal of an agreement with AECOM USA, Inc., a firm that changed its name from Metcalf & Eddy earlier this year. The monthly retainer fee will remain at $820 per month, with engineering for the Settled Sewage Pump Replacement project at $24,000, a Biosolids Evaluation at $38,161 and miscellaneous engineering and consulting at $20,000. This firm is a worldwide provider and well qualified, particularly with the NPDES application coming up. (Consent Agenda)

Resolution No. 47-09: Mr. Furry indicated that this resolution will authorize a loan application for the WWTP Filter Building Floor Repair Project. He called upon WWTP Superintendent Harrington who came forward and explained that this is similar to Resolution No. 45-09 except that it is for a WWTP project which is a separate entity jointly owned by four cities. The WWTP will receive 50% of the cost of the project in stimulus funds for the $85,000 project through the Water Pollution Control Loan Fund which is their avenue to distribute stimulus funds. Additional verbiage was added to Section 1 clarifying that the funds are not actually a loan, but will be a grant from the ARRA. This project has been in the budget since 2006-07, but was delayed because other improvement projects required that heavy equipment be moved across this floor which would damage it. Those projects are now almost complete, so it is time to proceed with the floor repairs.

Mr. Furry indicated that with additional approvals, he will move for a rule suspension at next Monday's meeting.

• •Mr. Mylen asked if sufficient rain has been received to complete the study now under way. Mr. Harrington said that the most recent heavy storm dropped the most rain on Rocky River and Bay Village, 1.1" and .92" respectively. However, Westlake received only .25" and Fairview Park, .54". There was more rain on June 30; 1.3" in Rocky River, but that was divided into several rain events. At this point, he said that they are still looking for a uniformly heavy rain over the area to give the most accurate results. Another ten days remain for the study, and if no further significant rainfalls occur, past data will be used so the study can be concluded.

Ordinance No. 48-09: Mr. Long explained that this ordinance will update and amend the Development Code, Titles 1, 3, 5, 7 and 11 of the Codified Ordinances. The Mayor noted that the exhibit is almost ready; final modifications will be made and the document will be sent to Council members electronically and printed for the Planning Commission. Members of the community may also request an electronic copy.

Mr. Long said that the ordinance will be read next week and it will then be referred to the Planning Commission where it will be reviewed and returned to Council with its recommendations.

The Mayor is hopeful that it can be returned in September. At that time, Council will schedule a public meeting for resident input. She added that members of the planning Commission have been very involved in the update process, so she anticipated that all members are familiar with changes. She said that she hoped that the review process will move efficiently and allow return of the ordinance to Council in September.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran commented that he is looking forward to spending time celebrating Rocky River at the many activities of River Days this weekend.

As there was no further business by members of Council, the meeting was adjourned at 8:51 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council