CITY OF ROCKY RIVER

SEPTEMBER 22, 2008

The Regular Meeting of Council was called to order by Mr. Moran, President of Council, at 8:00 p.m. in the David J. Cook Council Chambers.

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

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

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

Law Director: Mr. Bemer

Press: Ms. Macho

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 September 8 and the meeting of the Committee-of-the-Whole of September 15 be waived, and that the minutes be accepted as submitted.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

MAYOR'S REPORT:

Weekend activities were very successful. Forty-seven trunks participated in the Junk in Your Trunk event. More than 40 vendors participated in the Health Fair. In addition, more than 3000 pounds of paper were brought by residents to the shredding event. The Mayor also thanked several representatives from C.E.R.T., the Community Emergency Response Team, who set up a tent and provided information and volunteer applications to residents.

Regarding the Hampton Interceptor Project, the estimated project cost is $5.4 million, and a grant proposal will be presented to Ohio Public Works before Friday's deadline. Meetings tomorrow will determine how the funding will be requested in a combination of local dollars, grant dollars and zero interest loans. This will be the City's next sewer project.

The Mayor was also pleased to report that in the wake of the news that $400 million would be distributed through Ohio Public Works, a press release from Senator Voinovich's office indicated that the sewer overflow bill has passed the committee. Reading from the press release, the Mayor noted that legislation co-sponsored by Senator Voinovich would authorize $1.8 billion in federal grants to help modernize antiquated sewer systems that were passed by the Environment and Public Works Committee as part of a Water Infrastructure Financing Act. She quoted the Senator, "my legislation holds the federal government responsible for paying its fair share for the nation's pressing water and wastewater infrastructure needs. We cannot expect cities to spend millions of dollars in unfunded mandates for water infrastructure upgrades without the help of the federal government." The legislation will authorize almost $2 billion over a five-year period through the Clean Water Act program and will fund directly to local governments in the first two years; then for the following three years, it will be funded through the states. Mayor Bobst noted that Director Linden and Engineer Mackay spent a great deal of time to create the Sewer Maintenance and Rehabilitation Plan, but having the plan in place when funding may be available is critical.

Regarding the Quiet Zone, the Mayor spoke with Congressman Kucinich's office who will engage Ron Reis and officials of Norfolk-Southern to discuss further the electronic updates and costs which have been under review. Mr. Gelfand, the Congressman's aide, also promised to identify an ODOT and/or PUCO representative who could discuss train notifications systems recently installed as a way of identifying costs.

The West Shore Council of Governments will be issuing a RFQ (request for qualifications) for fire, EMS and related service operations consolidations, with an aim to study combinations of those functions. In practice, departments already cooperate via mutual aid, central dispatch, communications, training, EMS protocols, Hazmat and other specialty efforts, and these collaborations would be a part of any consolidation. The Mayor went on to explain that consolidation has many levels: administrative, functional or operational, up to and through the establishment of a regional fire district. Currently, the COG communities are involved and have included North Ridgeville which is a central dispatch partner. The effort is being made to enhance and expand services to meet the growing need in all communities for safety services, and evaluations are ongoing, including cost assessments and the equipment inventory, which has recently been conducted. The Mayor also noted that, geographically, fire stations are in strategic complementary locations. Possibilities for collaboration include purchasing, vehicle maintenance, fire inspections and prevention. Challenges will include funding issues, staffing, and individual municipal collective bargaining agreements.

A problem now being encountered in the West Shore area is that unlocked vehicles parked in private drives are being entered and property stolen. This has happened in the past, and the Mayor emphasized that cars should not be left unlocked in the driveway. The best idea is to lock the car in the garage. Several incidents have occurred last weekend and this weekend in Rocky River, and there were 30 such incidents in Bay Village last weekend. The Police Department has determined that the individuals involved are on foot or bicycles, and are responding appropriately. They are asking residents to lock up valuables and not leave cars, garages or homes unlocked. Any suspicious activity should be reported to the police. An e-update has been sent to residents, asking for their cooperation.

The semi-annual report has been received from the Cuyahoga County Board of Health that outlines the depth and breadth of services provided to the community. This contract represents considerable savings over what would be spent by the City to replicate the services.

Also received was the Cleveland Water Department report for the second quarter which showed that 130 work orders were processed to serve the needs of Rocky River.

A letter was received from AT&T regarding Thursday's meeting. The Mayor will report more fully during the discussion of Ordinance No. 94-08.

Tomorrow evening a County Commissioner's candidate night sponsored by the League of Women Voters at the Don Umerley Civic Center at 6:30 p.m.

The Board of Elections is encouraging residents to vote by mail. They are also in need of poll workers for election day. The Mayor noted that these are paid positions with training involved. Additional help is required. Information regarding the Board of Elections can be found on the City's website, www.rrcity.com

City Music Cleveland will present a free concert Thursday, September 25 at 7:30 p.m. at Rocky River United Methodist Church. Information about the concert is on the City's website. Free childcare will be available at that concert for those who register in advance.

The Mayor commented that the latest informational material from Lakewood Hospital featured an article about former Mayor Earl Martin, who said that when he advocated for a paramedic squad, he did not think he would take advantage of those services. It is an interesting article about Lakewood Hospital and its EMS and paramedic activities.

The Police Auction will be October 11. The Business-to-Business Expo will be on October 16, sponsored by the Chamber of Commerce.

Discussion: Mr. Hunt thanked the Mayor for alerting residents to the dangers of leaving valuables in unlocked vehicles. He received a number of e-mails over the weekend on the subject. The Mayor pointed out the importance of e-updates and the timely information presented in that format. She explained that according to the police, articles left in vehicles in plain sight included cash, I-Pods, digital cameras, satellite radios, laptop computers, cell phones. There have also been many bike thefts where they are stolen from one location and abandoned in another, close to more thefts. Mr. Moran reminded residents that garage door openers can be stolen which would allow thieves to gain entry to homes.

LAW DIRECTOR'S REPORT:

Mr. Bemer indicated that the Northern Ohio Commuter Rail Coalition will sponsor an open house on Wednesday at the Cleveland Yacht Club. They are in the process of preparing a business plan with the support of a number of Cuyahoga county political and business leaders. This is a separate group from the All Aboard Ohio rail committee attempting to initiate commuter rail from Lorain. The NOCRC has included Norfolk-Southern as part of the process. Mr. Bemer said that there could be a direct impact if additional rail traffic comes through Rocky River.

The August report from the railroad indicated that an average of 4.3 trains passed through the City, a reduction from August. On August 13 there was no train activity, but on August 4, there were 12 trains, the most for a single day during Mr. Bemer's tenure. These numbers are interesting because they have a direct impact on the City's ability to create a Quiet Zone.

A sample ballot has been received from the Board of Elections which includes the City's Charter Amendments as Issues # 88 through 97.

Last Thursday, the Law Director attended a meeting conducted by the Ohio Department of Natural Resources to review its suggested rule changes to the coastal management of Lake Erie. A number of different issues were presented, many implementing suggested changes made through litigation which occurred in Lake County, a Common Pleas decision now on appeal to the 11^th District. This concerned an action filed by the Ohio Lakefront Group attempting to provide a better definition of the legal descriptions of those contiguous property owners concerning deeds. There has been an ongoing conflict between property owners contiguous to Lake Erie because the State of Ohio claims an interest in public coastline areas as land considered in the public trust. The Lake County Court ruled that the artificial measure determined by the State which originally set an arbitrary figure at the high water mark, 573.4 ft., is no longer valid. This has been adopted by the state as a point of regulation for any property below the ordinary high water mark, necessitating land leases for docks or any structures created on the coast. The figure was determined from 1955 compact between Canada and the U.S. when the St. Lawrence Seaway opened to be certain that there were proper dimensions for the shipping lanes.

At the public hearing on Thursday, there were approximately 60 attendees from all sides of the debate: the Ohio Lakefront group (the plaintiffs), the ODNR (the defendants), the Ohio Wildlife group, environmental groups encouraging greater state regulation to open coastal areas for public use. This would have a direct impact on property owners along the Lake. The participants expect that these issues will not be resolved for some years as the case goes through the Court of Appeals process and most likely to the Ohio Supreme Court.

Discussion: Mr. Moran, who also attended the meeting, noted that the new regulations encompassed fifty single-spaced pages of changes. The meeting was attended by a wide range of interests and lakefront property owners from Lake and Lorain counties as well as Cuyahoga.

Mr. Furry noted the importance of the low water mark, as well.

• Mr. Bemer responded that it was indeed a matter of discussion and showed Mr. Furry a pamphlet distributed at the meeting.

Mr. Mylen asked if, following establishment of the Quiet Zone, it could be withdrawn if train traffic increases.

• Mr. Bemer said that traffic and requirements would be subject to an annual review. Norfolk-Southern has said that it will abide by its agreement to limit the number of trains to 14, but those will be freight trains, and commuter rail would be additional traffic. All Aboard Ohio trains would have been only an engine and two or three cars and would pass through the City quickly, but there would be ten per day.

• In a discussion of Supplementary Safety Measures (SSM), the Mayor observed that if four-quadrant gates were placed at the two busiest intersections, i.e. Wagar and Elmwood at a cost of $350,000 or $400,000 each, that would reduce the risk threshold so greatly that it would assure the Quiet Zone. The Mayor said that although the City would be monitored by many outside agencies, it would have to remain vigilant and keep up with train traffic numbers.



• Mr. Moran asked about the number of Quiet Zones. There is only one in Ohio, in Moraine, with one crossing. He thought it might be interesting to find out how other communities were able to implement their zones. The Mayor noted that the Congressman's office will ask the FRA to render an opinion on costs, even if they do not wish to do so because otherwise communities will find it difficult to proceed. She said this indicates how new the process is and how difficult to navigate.



• Mr. Bemer commented that on the FRA website, it's possible to see where Quiet Zones have been created.

ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR'S REPORT:

Mr. Koran began his report on commercial and residential developments on Center Ridge Road:

• New First Merit Bank: demolition is scheduled to begin October 1 as all the property has been acquired and all necessary approvals have been obtained from the City's boards and commissions. The teardown of the Peking House should begin in a couple of weeks. Unfortunately, this construction includes another building on Plymouth Ave., Dr. McNamee's office, a dentist in practice here for more than 20 years. Although he was not immediately notified that he would have to move, Mr. Koran worked with him and was pleased to report that he has found suitable space at 20575 Center Ridge, a predominantly vacant building on Center Ridge.



• A new contractor, Heavenly Handyman, has opened a storefront in Lenny Weiss' building.
• Zog Dogs will move into the former Spudnuts location. This is a family-owned restaurant, and Mr. Koran commented that the owners are excited about moving to Rocky River.



• Dollar Bank's new construction project is almost complete.



• At Rockport, Target has bought its 16-year lease and is no longer part of the Rockport development. It is now controlled 100% by the Wald Fisher group. Best Buy is standing by its letter of intent and plans to begin construction whenever a second tenant signs a lease with Wald Fisher. Several companies are interested, but there is nothing to report at this time.



• Grandview, on River Oaks, is progressing. The Building Department has issued a first occupancy permit. Mr. Chandler can be seen working with the contractors on site.

On Hilliard Boulevard, Riverside, another Chandler development, has recently sold number eleven at the end of the street.

• The Joe's Deli expansion has been under discussion for some time. The owners have purchased the photography studio on Wooster Road, and their plan is to build a new restaurant closer to Wooster. Some neighbors have objected to some details, so it has been sent back to the Planning Commission. No date has been set for the next hearing, but the Kanaans still plan to build a new restaurant at the corner of Wooster and Hilliard.



• Next to Joe's, one property sold by the Kanaans just east of the restaurant has been opened by RAGG as a dialysis clinic. The building has been completely remodeled.

On Detroit Road, Sweet Melissa's is doing well, and working on trying to obtain a liquor permit. The restaurant is succeeding, and they would like to serve beer and wine as Max's did.

• Beachcliff Market Square: Mr. Koran was pleased to report that a new tenant is moving into the space vacated by Black Market White House. The tenant, called Jake's Life Is Good, is a popular chain with the younger crowd. Mr. Koran feels that this tenant will please residents. They are working with another quality tenant, not yet named. Madison-Marquette is also looking for local property management so that there will be on-site management of the property.



• Old Detroit Road is 100% occupied. A new store, Off the Wall Gallery, has just moved in from Fairview Park. Mr. Koran reported that tenants in this area are happy and active. They have been meeting with the Administration about future events, having just completed a well-attended festival. As another positive sign, some of these businesses are joining the Chamber of Commerce. Tartine's, a new wine bar, is very popular, especially at night.



• In what he termed the best news of all, Mr. Koran reported that Packy Hyland is returning to Rocky River. His newest venture is called Workflow.com, and is moving into the third floor of a building at the northwest corner of Detroit and Smith Court. With 25 employees, they will take the entire floor. Their focus is medical billing software.



• National City Bank has moved into its new building and is comfortable with its space and has a new manager in place.



• At Linda Street, the new wine bar behind Treats is doing very well. One of the owners, Dave Rudiger, is opening a new restaurant on Linda Street north of Detroit Road in the former City Service Garage. He projects this will be a million dollar investment.



• Rocky River Diagnostics may be moving to the warehouse at the end of Allen Court if negotiations with Mr. Spremulli work out. It is zoned Office so a request for zoning change may be made.



• The developer of the former Hausler site behind the Westlake has all the approvals necessary from City Boards to build 11 townhomes on the Rocky River. These Residences at River will each have a boat slip and a pool. Although the soil has been found to be mostly fill as expected, the project is proceeding.



• The Rocky River Methodist Church expansion is under way.



• The Westwood Country Club clubhouse is almost complete with a projected opening date of January 1.

In other news of pending grants, the City has received the $100,000 grant for the Lake Road Pedestrian Enhancement project.

The City has recently applied to NOACA for a $75,000 grant for the Detroit Road Streetscape Initiative. A supporting resolution is on Council's agenda for this evening, and Mr. Koran invited questions. This project is about $90,000 in all, including the City's matching funds.

The Development Code Update is progressing and the next meeting will be October 14 at 7:00 p.m. Council members are asked to RSVP to Heather Wagner. Sometime this month a draft update will be received on what has been prepared to date. Changes will be discussed at the next meeting, and Mr. Hartt will create a smaller group of those who wish to continue work on details of the Code.

In news of the Chamber of Commerce, a new Executive Director, Liz Manning, has been hired.

As the Mayor mentioned, October 16 is the Business to Business show which is important to the health of the Chamber, as it is main fundraiser. This year there are more sponsors than ever, and Mr. Koran was very pleased, particularly in light of today's economy.

October 23 will be the Economic Update report from Mr. Koran at a luncheon at St. Demetrios at noon.

Also, on the evening of October 23, the Women in Business committee of the Chamber will sponsor the first-ever fashion show at the Clifton Club in Lakewood and emceed by Robin Swoboda.

As part of its Buy River campaign, the Chamber is working on a "i buy neo.com Buy River card. Details will be announced soon, but basically it is a credit card which, when used to buy from River businesses, will return a percentage to the Chamber.

Mr. Koran concluded by saying that times are tough, but despite that, the vacancy rate is healthy in commercial areas, and income tax revenues have been stable, considering the economy. In spite of losing businesses, others have been gained. He still sees amazing investment, particularly in residential areas with the unique problem of having residents who want to build homes that are too large, or additions that are too large. This is a problem which other communities do not face.

Questions and discussion:

Mr. Shepherd asked if the Beachcliff Market Square is still geared toward women's products. Mr. Koran said there is much women's apparel. The Mayor explained the Life is Good franchise which has many clothing products for men, women and children. Mr. Koran said that the theme of women's products may have been the focus initially, but is more of a guideline now.

Mr. Furry asked about Beachcliff Row, Mr. Kelly's project. Mr. Koran said there were multiple agents, but cannot confirm Mr. Furry's question of a price drop. Two units are occupied, and one is currently available for $450,000. As yet, there have been no transfers since Mr. Koran's last report, and nine units are unfinished.

Mr. Moran asked about problems in the Center Ridge corridor, and whether conditions have improved or deteriorated. Mr. Koran said that they have stayed about the same. Some companies have moved out, others have moved in. From January to March, he went through every building, documenting occupancy in each of the 10-12 buildings. He was surprised at the high occupancy rate in the buildings. He found buildings he thought had high vacancy rates to be predominantly occupied. The only building which is not close to 50% occupied is 20575 Center Ridge Road, the Shore West. Mr. Koran has a current list of tenants; the Mayor suggested sending a survey to each of these companies asking general questions which can facilitate clustering like uses which can help each other. From a cursory views, however, Mr. Koran feels that most of the buildings are healthy, and the predominant tenants are doctors. However, 20575, one of the nicest looking buildings, is 80% empty since the exit of Premier Physicians.

Mr. Hunt asked when Target bought out its lease and its effect. Mr. Koran said that it occurred about two months ago, but that he has not seen any effect from it. When the payment was made to Wald Fisher, the City would like to see it invested in Rockport. Best Buy is still interested. Mr. Koran mentioned that the City boards have approved the redevelopment plan for Rockport.

Mr. Bemer asked about BW3 which is leaving its location, but Mr. Koran said that as of now, it is still open. They are moving to Westgate which was a corporate decision to leave older buildings. They are waiting for a liquor permit in Fairview Park. That site is available for a redevelopment project.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran noted that there will be no Council meeting next Monday as this is the fifth Monday of the month.

Mr. Moran also indicated that the Board of Elections projects that 33% of the votes in the coming election will be cast by absentee ballot.

Homecoming is this Friday, preceded by a dinner from 5:00 to 7:30 p.m. At 7:00, the parade will begin at St. Christopher's and go to the high school. The game will begin at 8:00 p.m.

Mr. Moran then noted that the cleanup from a major storm is a challenge to everyone. He expressed his appreciation for all the work done this week by Mrs. Costello and Director Linden to bring order to chaos.

Mr. Hunt indicated that two weeks ago, he and the Mayor had an opportunity to meet with the Beautification Committee. He reminded Council members that they are most welcome to attend the meetings, held on the second Tuesday of the month at Memorial Hall. The Committee would like input from Council members and feedback from residents. The next meeting is October 14.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 94-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE DIRECTING THE MAYOR TO EXECUTE AN EASEMENT TO THE OHIO BELL TELEPHONE COMPANY DBA AT&T OHIO ON PROPERTY OWNED BY THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Mr. Hunt indicated that he will hold this ordinance for further discussion. He acknowledged the letter received from Mr. Lynch of AT&T following last Thursday's meeting, which addressed some issued raised about Bonnie Bank as well as screening at Linden, Detroit and Center Ridge locations. He called upon the Mayor for any comments.

• The Mayor asked Council members to read through the proposals for Bonnie Bank including the removal of some concrete and placement of landscaping plus landscaping at other locations as described in Mr. Lynch's letter. She also raised the question of a request made to AT&T, since they will be mobilized on the City Hall campus. The City would like to have three fiber runs-from City Hall to the ice rink, from City Hall to the Don Umerley Civic Center, and from City Hall to the Senior Center-to support its technology and computer needs. This is currently under consideration by AT&T, and the Mayor expressed appreciation for their review of this request.



• Mr. Furry asked if all locations are outlined in Mr. Lynch's letter. The Mayor said that all existing locations that have had cabinetry installed have been reviewed. These are all which require landscaping. Going forward, those in the right-of-way will require landscaping and appearance at the Planning Commission in accordance with the right-of-way legislation.



• Mr. Bemer commented that there is one other City property location that is being requested on Lake Road where the Westlake is, close to the railroad tracks. Legislation will be presented.



• Mr. Furry noted that he is more comfortable with this ordinance, but he would like to see the work completed before final action is taken.



• Mr. Shepherd asked if it is possible to consolidate the three boxes at the Bonnie Bank location. The Mayor said that the question was asked, and it cannot be done. The newer boxes have a lower profile, but because the cabinetry is in operation, it cannot be switched. Mr. Bemer added that approximately 197 households would be served by this installation. Mr. Kevin Lynch of AT&T explained that there are always two separate boxes in any installation, although the newer boxes have a lower profile.



• Asked by Mr. Shepherd and Mr. Mylen, Mr. Lynch went on to explain that because the Bonnie Bank installation has been completed, the underground electric conduit has been configured and placed to fit the existing cabinets. To replace the box, telephone service would be interrupted, everything would have to be taken out of the ground. Further, it would require the construction of additional temporary facilities to transfer present customers so they would have phone service until they could be transferred back to new cabinetry. This would be extremely labor and material intensive.

ORDINANCE NO. 99-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE DOCUMENT MANAGEMENT SYSTEM UPGRADE FOR THE ROCKY RIVER MUNICIPAL COURT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM VISTA SOLUTIONS GROUP AT A TOTAL COST NOT TO EXCEED $84,350.00

1^ST READING

Moved by Mr. Mylen, seconded by Mr. Long, that the rule requiring that Ordinance No. 99-08 be read on three separate days be suspended and that Ordinance No. 99-08 be placed upon its passage.

Discussion: Mr. Mylen indicated that he had proposed a suspension of the rules based upon the benefits of this upgrade. This would allow the Court to move forward approximately four weeks sooner than if passage is delayed.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Mr. Mylen noted that he had spoken with Michael Bracken about this opportunity to upgrade the system. In 1998 the investment was made into the current system. This upgrade ties in with that system and allows the Court to capture images, and benefit from electronic documents. This is the only upgrade possible unless all the current system is replaced. Mr. Mylen indicated that keeping the current equipment and upgrading it is the best decision. Some benefits include not having to scan all documents and implementation of e-filing, with many future benefits.

• Mayor Bobst asked about Computer Tech 'A' and Tech 'B' Funds, and how the allocation between the two funds was made. Mr. Thomas said that he believes that the expenses are divided according to the same ratio as the Court cost fees. The Mayor pointed out that the two funds were established for hardware and software, but Mr. Thomas recalled that one fund is for the use of the judges' computer needs and the other for the Clerk's office. Further discussion indicated some confusion in the use of the funds, and it was decided to delay passage of the ordinance for further clarification and confirmation of specific information about the financial arrangements.

ORDINANCE NO. 100-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH LIFE FORCE MANAGEMENT, INC. FOR SERVICE AND SUPPORT REGARDING CHARGES FOR MEDICAL SERVICES PROVIDED BY THE ROCKY RIVER FIRE DIVISION AND FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Mr. Hunt explained that this ordinance is for a collection service for fees charged by the Fire Division for ambulance services. Currently, the fee schedule is $350 for Basic Life Support; $450 for Advanced Life Support or Advanced Life Support-2. The new fee schedule would permit billing to insurance at $450, $550 and $650, respectively. According to the Safety-Service Director, current billing has resulted in income of $330,000/year.

• Mr. Linden noted that the program was begun by Mayor Knoble several years ago, after discussion with City Council. Surrounding communities are already charging these new fees. Responding to a question from Mr. Furry, the new fees will place the City at the maximum allowed under state legislation.



• Mr. Thomas added that ambulance billing is structured to accept what residents' insurance carriers pay. The new fees reflect the Medicare reimbursement. The remainder of any amount not covered by insurance would not be billed to residents. This contract is the second term with the same contractor.

ORDINANCE NO. 101-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A COLLECTION SERVICE AGREEMENT WITH J P RECOVERY SERVICES, INC. REGARDING REVENUE COLLECTION ASSISTANCE FOR THE CITY OF ROCKY RIVER

1^ST READING

This will be discussed at the next meeting of the Committee-of-the-Whole. Mr. Thomas commented that these are new services being undertaken by the City, and is presented in conjunction with ambulance billing because it is expected to be the main type of account for these services. However, there could be other collection services required from this contractor.

RESOLUTION NO. 102-08 BY THOMAS J. HUNT

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR OR HER DESIGNEE TO MAKE APPLICATION TO PARTICIPATE IN OHIO PUBLIC WORKS COMMISSION'S STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION PROGRAM(S) FOR THE HAMPTON ROAD STORM AND SANITARY IMPROVEMENT PROJECT AND TO EXECUTE CONTRACTS FOR RECEIPT OF FUNDS

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Mylen and Mr. Long, that the rule requiring that Resolution No. 102-08 be read on three separate days be suspended, and that Resolution No. 102-08 be placed upon its passage:

Discussion: Mr. Hunt referred to the Mayor's comments that this resolution should be passed quickly so that the application for funding can be submitted.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Long, that Resolution No. 102-08 be passed as read:

Discussion: This is the next part of the rehabilitation and maintenance of the collection system. The Hampton Road Storm and Sanitary Sewer replacement, a $5.4 million project, is integral to remedying sewer problems.

• Safety-Service Director Linden added that this is the first step in beginning the process of financing this very important project. The deadline for application is September 26 so a meeting with the Mayor, and City Engineer Mackay tomorrow will settle details of how the project will be financed. A copy of the resolution will be enclosed with the application.
• Mr. Shepherd asked what part of the City would be impacted by the Hampton interceptor. Mr. Linden responded that it would be from Purnell north to the railroad tracks. It would affect Lake Road and Elmwood areas because it all runs down the same sewer.
• Mr. Mylen said that he has received numerous calls, and relief will be most welcome.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCES AND RESOLUTIONS UNDER CONSENT

RESOLUTION NO. 97-08 BY THOMAS T. LONG

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR OR HER DESIGNEE TO MAKE APPLICATION TO NOACA FOR FUNDING THROUGH THE TRANS- PORTATION FOR LIVABLE COMMUNITIES INITIATIVE FOR THE DETROIT ROAD STREETSCAPE ENHANCEMENT PROJECT

1^ST READING

Mr. Long noted that this resolution, as discussed last week, is to authorize a $75,000 application for a NOACA grant. The City's contribution would be $18,000 for the streetscape enhancement on Detroit Road from Lakewood boundary to St. Christopher's Church.

ORDINANCE NO. 98-08 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2008 AND TO AMEND ORDINANCE NOS 123-07 AND53-08

1^ST READING

Mr. Moran noted that this ordinance was discussed last week. Changes in the budget, Ordinance No. 123-07 are necessary, and this ordinance will authorize those expenses.

Moved by Mr. Moran, seconded by Mr. Furry, that the rule requiring that ordinances and resolutions of the Consent Agenda be read on three separate days be suspended and that said legislation be placed upon its passage:

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Long, that the ordinances and resolutions of the Consent Agenda be passed as read:

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 10:03 p.m.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council