CITY OF ROCKY RIVER

SEPTEMBER 2, 2008

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

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

Mrs. Arabian Whitman, Mr. Long, Mr. Moran

Administration: Mr. Linden, Mr. Thomas

Law Director: Mr. Bemer

Press: Ms. Pritchard

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

In Mayor Bobst's absence, Mr. Moran turned to Safety-Service Director Linden, who reported on developments in several engineering projects.

• •2008 Crack and Joint Sealing Program. This ordinance is on the agenda for discussion this evening. Mr. Linden explained that the program, which began 12-14 years ago, is a necessity to maintain roads for the longest period possible after paving. Since the start of the program, the condition of the roads has been greatly improved because sealing keeps water from seeping into cracks, then freezing and thawing which deteriorates the pavement. He emphasized the importance of the program, particularly for main streets which are paved by the state and county, but which are maintained by the City. The streets to be sealed this year were determined by a tour of the City by Ron Gottschalk and Mary Kay Costello, who compiled a prioritized list which was then reviewed by Mr. Linden.



• •Lake Road. Letters have been sent to neighboring cities about the detour route through Rocky River during the project. Lake Road will be reduced to one westbound lane, while the eastbound lane is closed during Phase I and Phase II of the construction. Phase I, from Morewood to the Bay Village line, should begin next spring.



• •Valley View Project. At present, an alternate route for the sanitary sewer, down the hill, is being reviewed for cost and feasibility. This project must be started soon because of deadlines imposed by state funding, and will probably begin with the replacement of storm and sanitary sewers on E. Shoreland, High Parkway, Winfield, Valley View, and Edgewood, affecting a total of 109 homes. This project is very important because the infiltration going to the Lakewood WWTP must be removed.



• •Elmwood. This project, from Erie to the railroad tracks, continues. There has been difficulty locating two fiber lines and it is not possible to bore below the railroad track without finding them. They were found about a month ago, but now it is necessary to go further west because the lines are directly where the sewers will be located, at a 15' to 20' depth. The problem is currently being worked out. The boring pit on Elmwood will be partially located on railroad property, next to CEI power lines. This means that boring within 20' of the power lines cannot be started without CEI approval. The City will try to place the line under the railroad tracks this winter, although the project may have to be bid in two phases.



• •Cottonwood and Gasser rehabilitation. Both these projects have been started; the water line on Cottonwood has been replaced, and the one on Gasser has been relined. Curbs and pavement are being removed from Gasser. During today's inspection, Mr. Mackay and Mr. Linden found that additional full-depth repair may be required on Gasser as sections have deteriorated and need to be replaced with 8" of new concrete. There is a contingency in the project in the event these problems are encountered.



• •Kensington Oval. Service crews have redone the split rail fence and added a guard chain anchored by 50 new poles which have added to the safety and appearance of the area.



• •Addington area. The full-depth repair has been completed. Mr. Linden cautioned that within the next 2 to 4 years, the entire area should be paved to avoid damage to the work just completed. He added that when full-depth repairs are done in preparation for paving, they must be crack-sealed to avoid damage to the concrete.

Discussion: Mr. Shepherd noted that sandbags are out and he asked if the restrictor program will continue. Mr. Linden said that it will, but sewer crews have been so busy replacing T's that they are backlogged.

Mr. Mylen asked if, when construction begins on Lake Road next year, information can be disseminated about bus lines that will be affected. Mr. Linden said that everyone will be notified-residents, RTA, schools-everyone will know what is happening. These letters to neighboring cities are the beginning of the process so that these cities can be prepared.

Regarding the delay in the Elmwood sewers, Mr. Hunt asked about the resulting traffic disruption. Mr. Linden said that it would be just at the tracks if the project is completed in two phases. If not, when the line is installed, Erie will be closed to the railroad tracks, but disruptions should not cause a problem.

Mr. Moran noted that he has had some positive comments from residents of Christensen Estates concerning repairs made in that area. They were pleased that the work has been completed in a timely fashion.

UNFINISHED BUSINESS: NONE

MISCELLANEOUS BUSINESS:

Mr. Moran was pleased to note that Grandview, the new project on River Oaks, is progressing, and in fact, he has seen a "Sold" sign displayed there.

COMMITTEE REPORTS:

Parks and Recreation Committee: Mrs. Arabian Whitman indicated that the outdoor pool closed yesterday. The session was well attended, and everyone seemed to enjoy the last day of summer.

The Danny Scherry memorial was formally dedicated on August 16. Mr. Long added that the family was amazed at the number of residents who attended the ceremony. He felt that all who participated showed their concern for the family and their high regard for Danny and the sacrifice he made for our country and the residents of Rocky River. He said that everything went smoothly and everyone was proud of the memorial.

Finance Committee: Mr. Moran said that his committee has not met, but he has spoken to the Mayor about the work being done by the directors to prepare their budgets for 2009. Meetings have been set, and Mr. Moran has requested that information be ready by early November so that Council has six weeks to fully consider the budget. The process will remain the same as last year with reports by directors. The Mayor and Director Thomas feel that materials can be ready by November.

NEW BUSINESS:

Resolution No. 92-08: Mr. Shepherd explained that this resolution authorizes the City to apply for a D.A.R.E. grant. He noted that the state will provide matching funds to defray up to 50% of the cost of an officer's salary, so he can see no reason not to pass this resolution so that the application can go forward.

• •Mrs. Arabian Whitman asked how long this program has been in place. Mr. Moran and Mr. Shepherd noted that it was established in 1991.

Mr. Shepherd indicated that the deadline was August 15, so there should be no delay as an extension has been granted. (Consent Agenda)

Ordinance No. 93-08: Mr. Hunt commented that this ordinance was addressed earlier this evening by Director Linden who succinctly explained the need to maintain the infrastructure. This ordinance is passed annually, and there is no question that there is a good bid from Specialized Construction which should receive the contract when the appropriate streets are determined. Mr. Linden noted that this firm has done work for the City in the past.

• •Mr. Furry asked why the second bid was so much higher. Mr. Linden said it was because they did not buy their supplies at the right time. Specialized bought its products about six months ago and is prepared to go forward in spite of an increase in prices. Mr. Linden also commented that although the state and county pave many streets in the City, Rocky River is charged with maintenance. Crack sealing is the best method. (Consent Agenda)

Ordinance No. 94-08: Mr. Hunt indicated that this ordinance would authorize the City to grant an easement to be used by AT&T for video cabinets and support so that, as authorized by the State of Ohio, it can provide video services to Rocky River residents. This location is outside the right-of-way and is located on City property, west of the Hilliard Road driveway. He then introduced Joe Kilcoyne of AT&T, present to answer any questions from members of Council.

Mr. Hunt asked if this will be a typical 10'x30' buildout. Mr. Kilcoyne responded that there is an easement at this location at present with a box on it. The new buildout will double the footprint of the first, and will include a fiberoptic cabinet. AT&T wishes to place this cabinet as close as possible to the existing cross box.

• •Mr. Furry asked why it needs to be so big. Mr. Kilcoyne said that it is because of cooling. The fiberoptic equipment enclosed must be kept cool, necessitating fans which need a particular size to move enough air to maintain the airflow. Tremendous gains have been made in the last 15 years with the size of the fiberoptic cabinets. The old ones were 6' tall, 8' wide and 14' long. This will be approximately 4' tall, 2' wide and 3' long which is considerably smaller.



• •Mrs. Arabian Whitman asked if there is an example of what the buildout will look like that Council members can see. He said there is, but when a permit is requested, all the plans and specifications, including landscaping drawings, will be submitted at that time.



• •Mr. Long asked if screening will be done for the new boxes which was not done on Bonnie Bank. Mr. Kilcoyne said that AT&T will provide any screening that Council sees fit. Mr. Long then asked about Bonnie Bank. Mr. Kilcoyne said that he was not prepared to discuss it today, but Mr. Bemer said that an AT&T representative is presently discussing the matter with the City's Building Commissioner, Kevin Beirne. That is part of the understanding of establishing a working relationship for easements which are not in the right-of-way, but are contracted as private easements. Another is anticipated across from the Westlake Apartments contiguous to that extension of Lake Road. The Law Director indicated that these units are the same size, but are on their sides. Mr. Kilcoyne confirmed, saying that they are called low profile.



• •Mr. Hunt said that inasmuch as this will be built on City property rather than in the right-of-way, the City will exercise a little more control, but he would like to be sure that the partnership is appropriately handled. Mr. Kilcoyne said that his group likes to work with communities to insure the best for all parties.



• •Mr. Shepherd noted a disparity in the easement requested and the size of the box. Mr. Kilcoyne responded that the company likes to have existing conduit run in the easement and a pad of a certain size. He has not yet seen the design for this job, but he indicated that the company often likes to have the landscape screening and the fence within the easement.



• •Responding to Mrs. Arabian Whitman, it was noted that other locations on City property were not considered. Mr. Moran added that in discussions of location, it is clear that where cabinets are placed is a sensitive issue. This location is less noticeable because it is on City property, away from the street, and blends in with the trees. In residential areas, locations are much more sensitive, and the buildout on Bonnie Bank is particularly difficult for residents. Mr. Furry mentioned that buffering has been done in other cities, but not in Rocky River. He felt that in return for the easement, there should be some consideration, and he would find it more palatable if there were an agreement on buffering Bonnie Bank and other locations. Mr. Kilcoyne responded that in other cities, this is handled at the time of the permit application. Mr. Linden noted that some designs have been submitted to the Building Department.



• •Mr. Linden asked if the boxes can be green. Mr. Kilcoyne said that they must be tan because of temperature concerns. To make them that small, they had to be tan.



• •Mr. Shepherd concurred with Councilman Furry. He would like to see problem areas taken care of before the easement is enlarged. He also questioned the size of the easement and wondered if, as part of this negotiation, Bonnie Bank can be discussed. Mr. Bemer said that he understood from AT&T that the box cannot be buffered because it would create a safety hazard. Mr. Shepherd said that he would like to see some improvement there, e.g. a smaller box and buffering, before he votes in favor of this easement. He said that Council is limited in the right-of-way, but not in a private easement.



• •Mr. Linden indicated that Mr. Beirne had viewed all the locations about 10 days ago and suggested that conversation with him could be helpful before proceeding. Mr. Kilcoyne noted that this particular box will feed the cross box next to it as well as the box in front of Magnificat, meaning that that site will not need a second box.



• •President Moran explained to Mr. Kilcoyne that this is Council's first week back and that there has been little time for discussion or review of this ordinance. There are some issues, and Council wishes to have continued conversation and communication with AT&T. He thanked Mr. Kilcoyne for coming and noted that the ordinance will be read next week. Mr. Hunt added his thanks, indicating that because these boxes have been an issue in Rocky River, this will be carefully studied.

Resolution No. 95-08: This is a resolution that certifies payment by property owners for improvements on Plymouth Road to the County Auditor. This work, which cost $181,000, was done on December 11, 1989. Residents on the street could pay for the work or be assessed on their taxes over a 20-year period. This will authorize collection of the last payment, together with the interest of 10%. Following passage, the list will be sent to the County Auditor for collection. (Consent Agenda)

Resolution No. 96-08: This resolution will also collect funds, this time from 189 residents who have overdue sewer bills through 2007. This list will also be sent to the Auditor who will add it to those tax bills.

• •Questioned as to procedure, Mr. Thomas explained that regular bills are issued in June. In July, another bill with a letter is sent to those with unpaid balances from 2007. During July and August, the list shrinks as bills are paid until the deadline, when the ordinance is prepared. The assessments on tax bills are made once a year.
• •Mr. Furry asked if this is a typical list. Mr. Thomas responded that this is about average. Last year, there was $44,000 outstanding, this year, $42,000. Last year there were 199 accounts, this year, 189.



• •Mr. Moran asked if there is a cost incurred by the City in sending this to the Auditor. Mr. Thomas said that there was not.



• •Mr. Mylen questioned several small amounts owed. Mr. Thomas commented that the Code makes no provision for "writing off" small amounts which should be collected.

(Consent Agenda)

ANNOUNCEMENTS:

Mr. Moran extended Council's congratulations to Mrs. Arabian Whitman on her marriage in August.

Mr. Moran also announced that Rocky River's West Life representative, Ben Saylor, has decided to move on to new opportunities and that he will be missed. The good news was that his replacement, Allison Pritchard, was in attendance. Mr. Moran welcomed her and wished her good luck in her new position.

Mr. Moran also commented that although Council members did not meet during August, every one was involved in some issue with residents or other meetings at some point during the month. He was pleased that although meetings were not held, members still had good contact with residents.

As there was no further business by members of Council, the meeting was adjourned at 8:40 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council