CITY OF ROCKY RIVER

OCTOBER 5, 2009

The Committee-of-the-Whole was called to order by Mr. Moran, President of Council, at 8:03 p.m.

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

Mr. Long, Mr. Moran

Absent: Mr. Mylen

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

Press: Ms. Toth

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

As a commentary on the economic health of the City, the Mayor noted that one grand opening was held last week, the First Merit on Center Ridge, as well as a grand re-opening of Key Bank, also on Center Ridge. She pointed out the confidence and investment both institutions have shown in the community.

The Elmwood Sewer Project is scheduled to begin tomorrow.

Jim Harrington, the all-around troubleshooter and answer person in the Service Division, has been chosen as the Don Mussetter Service Division Employee of the Year. The award is named for a long-time employee of the division who passed away last year and who was the first recipient. The Mayor noted that this is a special award because it originated with the employees in the division and is voted by them. It honors Mr. Harrington for his service to the community and the support he provides to his fellow employees.

During the past year, Administration members have attended Safety Council meetings. The Mayor observed that these worthwhile meetings have addressed wellness, accident prevention and other important topics which not only helped City practices, but resulted in a reduction in the premium charged by the Bureau of Workers' Compensation. This year's adjustment was $5600, earned by attendance at 10 meetings.

Seasonal flu shots will be given tomorrow; 700 community members have signed up as well as 95 employees.

Giant Eagle has once more made a $5000 contribution to the Senior Center's Transportation Program. The Mayor thanked Giant Eagle for its longstanding commitment to the program.

Next week, October 12-18, the Don Umerley Civic Center will celebrate membership appreciation week with giveaways, a free introduction to stationary cycling, and other festivities.

First Energy will distribute two compact fluorescent light bulbs (CFL's) to households and small businesses in our community. Most will be delivered door-to-door in the next five weeks, beginning Monday, October 12. Announcements will be made on the website and an

e-update will be sent.

The Business to Business Expo will be Thursday, October 15 from 2 p.m. until 7 p.m. This premier event for the business community is always very well-attended, and this year there will be on-site sales from several businesses and wine tasting.

On Saturday, October 17, the City will host a Police Auction at 9:00 a.m. at the police station. An updated list of items for sale will be released soon.

Last Saturday's Operation Medicine Cabinet held in Westlake to collect prescription drugs no longer needed by area residents, was very successful. The Mayor visited the site and commented that in addition to the environmental benefit of protecting fresh water supplies, the event prevented the inappropriate use of outdated and potentially dangerous drugs. Four hundred thirteen pounds of unused drugs were collected from 149 individuals. She thanked area police departments and the Westshore Enforcement Bureau for their participation.

Discussion: Mr. Hunt asked if there was a report of causes of the power outage which occurred late Saturday night into Sunday morning. Mr. Moran said he thought it was a downed line near the corner of Bates and Detroit Rds. In some areas, only a momentary blink was experienced, while in others the outage was three hours or more.

UNFINISHED BUSINESS:

Ordinance No. 48-09: Mr. Long indicated that this ordinance, which authorizes the adoption of an updated development code, is currently under review by the Planning Commission. It is expected to be returned to Council after the November meeting.

Ordinance No. 58-09: This change of zoning on Plymouth Road will be on the agenda of the Planning Commission for October 20 and their recommendations will then be returned to Council for further action.

MISCELLANEOUS BUSINESS: NONE

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Resolution No. 65-09: Mr. Moran explained that this resolution accepts the amounts and rates determined by the Budget Commission and certifies them to the Cuyahoga County Auditor.

• •Mr. Furry asked if this resolution re-certifies what was certified in September.
• •Mr. Shepherd asked about the difference between the two columns, Inside 10 mill limit and Outside 10 mill limit. The Mayor responded that one was voted millage (outside) and the other was not.

The Finance Director is available during the week for questions, and will be present next week for further discussion, if necessary.

Ordinance No. 66-09: This ordinance amends some sewer usage rates. Mr. Moran noted that there are changes in some mcf rates and sewer fees and turned to the Law Director for clarification.

• •Mr. Bemer said that when the original ordinance was passed in 2007, there were essentially three categories: single family, multi-family and business churches & schools. Congregate living includes all nursing homes and assisted living facilities although there was disparity among the different types of senior facilities. Some were independent living which is now defined as including kitchen facilities, some were rooms with baths only and a central kitchen.

The definitions added in bold print in Section 914.00 discuss "Personal care services" and "residential care facility" to distinguish those facilities that were primarily housing for the older citizens who did not need skilled nursing care. Some facilities, such as the Normandy, have both full scale residential care facilities and assisted living.

Previously some senior congregate living facilities were included in multi-family rates, while others were included at the business rate. The new rates with new categories provide value to senior congregate living facilities and bear a reasonable relationship to usage while recognizing the need of the City to maintain its capital improvement projects. It is apparent that there is a significant increase in the OMR (operations, maintenance and repair) and for sewer rehabilitation (capital) for the Assisted Living category, a user charge of $40.87 per mcf, which balances reductions in fixed sewer fees.

The Law Director noted that review of the equity of this schedule will continue and in the future, additional revisions may be made.

• •Mr. Furry asked if pro formas were done and if they could be made available to Council. His interest is to see how usage balances against fixed fees. Mr. Bemer indicated that there are other legal and equitable standards that can be used to determine rates, e.g. linear feet of property, square footage.



• •The Mayor added that in 2007 when the original legislation was written, there was a thorough review of the fee structures of many communities, using a standard usage to calculate bills under different schedules. She said that Rocky River's rates in their present form are still competitive, and help meet capital needs. The Administration believes that sewer rates are fair and equitable, particularly considering that there is a usage rate, and that everyone shares in the larger infrastructure.



• •To offset confusion, the Mayor explained that in the attachment, any printing in italics or bold is new, but that nothing from the original ordinance was omitted.



• •Mr. Shepherd asked about the new definitions and how they relate to the User Class on the fee schedule.

Mr. Moran observed that more discussion will be held next week.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:45 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council