CITY OF ROCKY RIVER

AUGUST 17, 2009

The Special Meeting of Council was called to order by Mr. Hunt, President Pro Tem of Council, at 5:30 p.m.

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

Mrs. Arabian Whitman, Mr. Long

Absent: Mr. Moran

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

Law Director: Mr. Bemer

Press: Ms. Toth

The meeting was opened with the Pledge of Allegiance.

Mr. Hunt explained that since this was a Special Meeting, there would be no reports from the Mayor or Law Director, and only those topics listed on the agenda would be discussed.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 53-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO A CONTRACT WITH DIGIOIA-SUBURBAN EXCAVATING, LLC FOR THE ELMWOOD SANITARY SEWER AND PAVEMENT REPLACEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $926,417.00

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 53-09 be read on three separate days be suspended, and that Ordinance No. 53-09 be placed upon its passage:

Discussion: Mr. Hunt explained that this ordinance will further the process of applying for Federal stimulus dollars to assist in financing the Elmwood sewer project. Funds will be distributed through the EPA which requires passage in order to process the application. Since this is required as quickly as possible, Mr. Hunt moved for suspension of the three-read rule.

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

Arabian Whitman - aye Long - aye

6 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Ordinance No. 53-09 be passed as read:

Discussion: This ordinance was discussed in July prior to Council's recess, as being the necessary next step in the financing of the project. DiGioia Suburban submitted the lowest and best bid of the four received. The engineer's estimate was $885,000, but based upon the specialized boring required to extend sewers under the railroad track and other unique aspects, the higher amount is understandable.

•Mr. Linden added that the firm of the brother of the owner of this DiGioia company was successful in excavating under Wagar Road. Workers on that project are now working for this firm.
•Mr. Furry asked about the bid summary which indicated that three bids contained errors. Mr. Linden said that they were not major errors, and that all were corrected.

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

Arabian Whitman - aye Long - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 54-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH RAM CONSTRUCTION SERVICES OF CLEVELAND, LLC FOR THE WWTP FILTER BUILDING FLOOR REPAIR PROJECT AT THE ROCKY RIVER WASTEWATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED $58,393.00

1^ST READING

Moved by Mr. Furry, seconded by Mr. Long, that the rule requiring that Ordinance No. 54-09 be read on three separate days be suspended, and that Ordinance No. 54-09 be placed upon its passage:

Discussion: Mr. Furry indicated that the reasons for the rule suspension were basically the same as for Ordinance 53-09 above.

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

Arabian Whitman - aye Long - aye

6 ayes 0 nays PASSED

Moved by Mr. Furry, seconded by Mr. Long, that Ordinance No. 54-09 be passed as read:

Discussion: Mr. Furry noted that he had stated in his committee report of June 22 that this project would be proposed shortly, following the completion of other capital projects which might damage a newly installed floor. Application will be made for stimulus funds for this project also. The best bid was submitted by RAM Construction which has not worked before in Rocky River, but they have favorable references and they have been recommended by AECOM.

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

Arabian Whitman - aye Long - aye

6 ayes 0 nays PASSED ORDINANCE NO. 55-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF PUBLIC SAFETY SERVICE TO ENTER INTO AN AGREEMENT WITH SO-DEEP US, P.C. FOR SUBSURFACE UTILITY ENGINEERING SERVICES AT A COST NOT TO EXCEED $29,509.56

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 55-09 be read on three separate days be suspended, and that Ordinance No. 55-09 be placed upon its passage:

Discussion: Mr. Hunt indicated that this ordinance will engage an engineering company to do work necessary to Phase II of the Lake Road Project. Since Phase I is well under way, he said there is no reason to delay work which will allow Phase II proceed more smoothly.

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

Arabian Whitman - aye Long - aye

6 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry and Mr. Long, that Ordinance No. 55-09 be passed as read:

Discussion: Mr. Hunt explained that the work involved in this contract is for subsurface utility engineering (SUE) services, mandated by ODOT, to locate underground utilities in preparation for Phase II of the Lake Road Project. In speaking with Safety Service Director Linden, Mr. Hunt found that two prequalified firms were eligible to perform the work pursuant to ODOT requirements in northeast Ohio, and this firm submitted the lowest and best bid. Then engineer's estimate was $30,000.

•Mr. Linden added that ODOT is controlling the second phase, so this information must be submitted promptly so that the bid package can be prepared for contractors.

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

Arabian Whitman - aye Long - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 56-09 BY THOMAS J. HUNT

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE WESTSHORE COUNCIL OF GOVERNMENTS AND EMERGENCY SERVICES CONSULTING INTERNATIONAL TO PROVIDE CONSULTING SERVICES TO DEVELOP A COOPERATIVE AGREEMENT FOR THE CONSOLIDATION OF FIRE SERVICES, AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 56-09 be read on three separate days be suspended, and that Ordinance No. 56-09 be placed upon its passage:

Discussion: Mr. Hunt explained that a rule suspension is necessary because Rocky River is one of several Westshore communities which need to pass this legislation following the awarding of a $100,000 grant to help fund the project. He noted that there is no reason to delay and every reason to move forward to claim the grant.

•Mr. Shepherd expressed pleasure in spending money which was obtained from a grant, and commended the Administration because the majority of this evening's legislation is partially underwritten by outside sources.
•The Mayor confirmed that all four of tonight's ordinances represent significant outside funding for the City of Rocky River.

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

Arabian Whitman - aye Long - aye

6 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry and Mr. Long, that Ordinance No. 56-09 be passed as read:

Discussion: Mr. Mylen asked if there was significant budgeting of City funds for any of the above projects before outside funding was received.

•The Mayor explained that of the $137,000 of the contract, $100,000 will be from the grant awarded to the Westshore Council of Governments (COG); the balance is shared among the other communities involved in the study. Because of Westshore COG's reserves, no community except North Ridgeville will expend local funds.

Shares of the expenses were allotted by the formula used to determine shares for central dispatch. Mr. Hunt noted that the study will determine ways to strengthen and enhance services, but not to form a single regional service.

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

Arabian Whitman - aye Long - aye

6 ayes 0 nays PASSED

The Mayor thanked Council members for their support of the above projects. She noted that as the projects move forward, Council members will be engaged as stakeholders in the process.

The last item on Council's agenda was the request by Walgreens to the Ohio Division of Liquor Control for a permit to sell prepackaged beer and wine (C1 and C2) and on Sundays (D6). There were no issues from the Police Division, and the consensus of Council was that no hearing would be requested.

As there was no further business, the meeting was adjourned at 5:55 p.m.

__________________________________ _____________________________

Thomas J. Hunt Misao Kurokawa

President Pro Tem of Council Clerk of Council