CITY OF ROCKY RIVER

OCTOBER 6, 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: Mayor Bobst, Mr. Linden, Mr. Thomas, Mr. Bracken

Law Director: Mr. Bemer

Press: Ms. Pritchard

The meeting was opened with the Pledge of Allegiance.

Mr. Moran welcomed several students of the government class at the high school who were in attendance to learn more about the functioning of local government.

Ordinance No. 99-08: Because Mr. Michael Bracken of the Municipal Court was present to answer questions about Ordinance No. 99-08, Council considered that ordinance as the first order of business. Mr. Moran noted that at last week's discussion, questions were raised as to the financing of the software purchase which would be authorized by this legislation.

• •Mr. Bracken explained that the Court's Computer A fund and Computer B fund are really one fund which has been divided 70/30 for distribution purposes following an educated guess as to utilization of the purchase. Revenue is distributed to the two separate funds for the judges' use and the use of the Clerk's office. In effect, however, the Presiding Judge has control of both funds, but it is administered with input from the Clerk. When considering a purchase, the project is reviewed to see which department will make greatest use of it. In this case, the majority is for the Clerk's office, although there will be imaging use and paperwork reduction for the judges, so Clerk Comery and Presiding Judge Hagan agreed to a 2/3-1/3 split. Mr. Bracken further explained that all bills and expenses are divided according to a prearranged formula.

Mr. Long confirmed that there is no hard and fast rule about disbursement of funds, but that it is based on the situation and consultation between the Presiding Judge and the Clerk. Mr. Bracken added that it is also based upon projected usage.

Mr. Mylen asked if there were further questions from members of Council, apart from the financing on the purchase itself; there were not.

• •Finance Director Thomas noted that he had provided Council with the journal entry which provided for the allocation of the fund. The State Code permits a court computer fund. Within that Code section, judges at that time authorized the split. He noted that purchase orders he had signed during the last week had varying divisions for A and B respectively: copier maintenance, 37/63, postage machine, 15/85, video arraignment fees paid to AT&T, 100/0. Each purchase is specifically reviewed for its use.

Ordinances No. 100-08 and 101-08:  Because Mr. Thomas was present, the next order of business was changed to discussion of these two pending ordinances.

• •Mr. Thomas noted that, as requested, he had provided information on ambulance billing with a schedule that details, by year, the amounts billed and collected. Differences reflect what is accepted from insurance carriers and Medicare. Residents are not billed. Mr. Thomas also provided a total of delinquent accounts which, at this point, are from ambulance billing and are ready to send to collection if Ordinance No. 101-08 is passed. Life Force and J P Recovery Services are contractors of the City, and they will interact to transfer uncollected accounts from Life Force to JPRS for collection.

For clarification, Mr. Moran explained that if residents need ambulance services, charges are billed directly to insurance companies. If they do not have insurance, there is no billing to residents, but there is to those who do not live in the City.

• •Mr. Thomas explained that these unpaid accounts are almost 100% non-resident accounts.

MAYOR'S REPORT:

Mayor Bobst was pleased to say that the 2009 Budget drafts from each department have been submitted to Mr. Thomas. He is now compiling the first draft of the 2009 Budget and will meet with the Mayor on Wednesday. Starting next week, the Mayor will meet with each of the directors regarding their proposals along with Director Linden. One of the first meetings will be to discuss capital improvement projects and capital equipment purchases. Present plans call for submission of the budget to Council on November 7.

The grant application for the $5.4 million Hampton Sewer Interceptor project was submitted last week as required. The Mayor thanked City Engineer Michael Mackay and Kim Kerber from Mackay Engineering and Safety-Service Director Linden for their work on the proposal which requested a 70/30 split with a zero interest loan. Word regarding points assigned to this project and preliminary evaluations may be received as early as November.

The Bonnie Bank landscaping plan has been received from AT&T and the Mayor passed a copy to Council members. Work has been scheduled for early this week so that the installation will be complete by week's end before Council's next Legislative Meeting. Director Linden has requested that City Forester Mike Reyes be consulted regarding the installation.

The Riverdale generator is now in place and should be operational shortly.

The Rocky River Community Federation will meet tomorrow. This organization, composed of representatives of each of the City's civic organizations, comes together to contribute to a community calendar, discuss special projects, compile the Residents' Reference and also to talk about common challenges. Tomorrow's meeting will be joined by the Board of Elections which is looking for qualified and dedicated volunteers to help with the November election and the Community Emergency Response Team (CERT) which will present to the leadership.

Regarding the RTA cutbacks discussed several weeks ago at a very well-attended public meeting held at the Don Umerley Civic Center, the Mayor was pleased to report that the community's response made a difference. Although there were some cutbacks, many of the proposed cuts will not happen. RTA will receive more than $9 million from NOACA through the State Congestion Mitigation Fund which means that the cuts have been reduced to 3%. Those cuts would have had a direct impact on Rocky River. Specific information is available on the RTA website, but the Mayor indicated that two cuts directly affect Rocky River: #52 at Westgate and #87 Westwood Dr. The #55 will travel along Wagar Rd. There will be a fuel surcharge of $.25 ($.10 for seniors) and cuts will be enacted beginning November 9. The Mayor commented that fares cover about 19% of RTA cost; evaluation of ridership of all lines will continue. The Mayor applauded those residents who came to the meeting and voiced their opinions which made a substantial difference.

A confirmation has been received for purchase of road salt at $41.57/ton, up from last year's $34.98. This is, however, very good news because many communities, as reported by the Plain Dealer, are struggling to obtain a sufficient supply for their winter streets. The Mayor acknowledged Mr. Linden's early actions which insured a salt supply for Rocky River.

Giant Eagle has forwarded a check for $5000 to help support the Senior Transportation Program. The Mayor expressed appreciation for several years of their support for this program.

The airport meeting will be held on Thursday morning at 10:00 a.m. at the Westlake Recreation Center. The Mayor and Mr. Furry will attend.

Flu shots will be administered tomorrow, and 700 appointments have been scheduled at the Senior Center.

The Police Auction will be Saturday at 9:00 a.m. For sale will be bicycles, miscellaneous computer equipment, two generators from Riverdale, chairs and other items. An e-update will be sent later this week so that residents are aware of specific items for sale.

Union negotiations will begin tomorrow morning with a meeting with the fire fighters; two police unions will meet with the Administration on Friday.

The president of the Rocky River Historical Society, Phil Ardussi, has digitized a videotape of the 1953 Rocky River Days parade which went down Old Detroit, down Beachcliff, and ended at Rocky River Park. It is now on YouTube under "1953 parade, Rocky River". Mr. Ardussi would very much like to identify individuals who participated in this parade.

On Thursday, October 16, the Business-to-Business Expo will be held at the Don Umerley Civic Center, sponsored by the Chamber of Commerce.

The Mayor thanked lead mechanic Pat Fitzgerald of the Service Department who put together an auto mechanics class for the Senior Center which was recently presented. There were 19 participants in that well-received class. This class has been offered for a few years now, and is growing in popularity, so the Mayor thanked Mr. Fitzgerald for his willingness to teach the class.

Last week, a letter was received from CEI thanking the City's Service crews for their efforts following the wind damage and storm in helping CEI to insure residents' safety. Because outages in Rocky River were spotty, a few residents' power was not restored until Friday of that week.

Discussion: Regarding work by AT&T, Mr. Long reported that last week some pipes and a section of the concrete pad were removed from the AT&T corner installation at Bonnie Bank. The various shrubbery should be installed soon.

Mr. Moran commented that the CEI representative, Karen Goodson, did a wonderful job of maintaining communication with the City in such a challenging situation. Together with the office of Safety-Service, Council members were very well informed and kept up to date.

The Mayor added that residents need to call CEI when power is lost, but it is also helpful to call City Hall also so that communications can be maintained with CEI who is managing the power restoration.

UNFINISHED BUSINESS:

Ordinance No. 94-08: Mr. Hunt indicated that this ordinance authorizes an easement for AT&T. A plan has been received for their screening of the boxes installed on Bonnie Bank as requested by Council. Mr. Lynch was not present, and Mr. Hunt noted that at the last Legislative Meeting, Mr. Lynch was somewhat disappointed that action was not taken. Before finalizing this easement, Mr. Hunt observed that Council will wait to see the final result regarding Bonnie Bank. He questioned other locations, noting that two more easements have been requested in the ordinance to be discussed under New Business. He said that Council appreciated the efforts made by AT&T to remedy the Bonnie Bank situation.

Mr. Furry said that his opinion has not changed, but he is feeling closer to a vote. He recalled that there would be multiple locations to be installed, and he felt that all issues should be resolved before passage. He further asserted that this was his opinion, and that he was not speaking for other Council members.

Mr. Moran asked the Mayor if there are other issues, and suggested movement on this first ordinance since another is awaiting passage.

• •The Mayor responded that the only additional comment she wished to make is that discussions have been initiated with AT&T because they will be on the City Hall campus

with this easement and the City has requested that they run fiberoptics from this building to the Senior Center, the ice rink and the Civic Center. As yet, she has had no response.

• •Mr. Mylen asked what savings would be realized if AT&T were to run the fiberoptics. The Mayor responded that their estimates were $13,000 to $18,000 on the longest.

Mr. Shepherd said that he felt that the City is giving up a right which has value to it, and he thought that this would be a good exchange. He asked about other locations.

Mr. Bemer said there would be no further installations on City property, but there would be a number of them in the right-of-way. AT&T has been attempting to locate in out-of-the-way locations. The Mayor added that any locations in the right-of-way will go to the Planning Commission. The Law Director said that photographs had been presented of installations in other locations which had been landscaped or buffered based on the location.

• •Mr. Bemer also drew Council's attention to the fact that both ordinances, 94-08 and 103-08 deal with properties where AT&T already has an easement, and the proposal is an expansion. He said that both easements were presented to him at the same time, but 103-08 was deferred because it was located directly under the underpass of Route 6 contiguous with the access road, close to the Westlake condos. At that time, the Law Director was concerned that, in accordance with the Master Plan, that area might be developed at some time in the future if the Marion Ramp is eliminated. He asked AT&T to find a better location, possibly closer to the railroad tracks. In conference with Building Commissioner Beirne, they found an area along the tracks closer to Depot St. which would be out of the way of any potential development. Of the two easements, the exclusive easement is in perpetuity to use for their buildout; the other is non-exclusive to provide access to the potential buildout.



• •Mr. Shepherd asked for clarification of the location. Mr. Bemer responded that it is staked at present, and Council members said they would drive by to see the exact site.

Mr. Hunt indicated that Council is not acting in a vacuum. The history with AT&T concerning the buildouts will be a consideration, as what was said was not always what happened. This is an opportunity for AT&T to do something for the community. He said that the ordinances may be read next week, but action may be deferred, depending upon what happens during the course of the week.

Ordinance No. 99-08: This ordinance authorizes the purchase of software upgrades for the Court. Mr. Mylen observed that, based upon discussion during the last meeting and this evening's exchange with Mr. Bracken, he was comfortable moving ahead with this ordinance. (Consent Agenda)

Ordinance No. 100-08: This ordinance will authorize a contract for a service which will bill insurance companies for ambulance services. Mr. Hunt indicated that the Finance Director has clarified questions posed by Council last week. Based upon earlier discussion, Mr. Hunt stated that he is planning to move forward. (Consent Agenda)

Ordinance No. 101-08: This companion piece which will hire a service to pursue delinquent accounts on behalf of the City, was also addressed by the Finance Director. With no further questions, Mr. Hunt noted that he will move forward with this ordinance. (Consent Agenda)

MISCELLANEOUS BUSINESS:

Pease Drive Fire: Mr. Moran said that work is progressing on the fire-damaged property on Pease Drive. He said that he is pleased that it is moving forward much more quickly than restoration work after the last fire. It is hoped that the work can be complete in a couple of months.

• •The Mayor concluded that one of the factors in the swifter resolution of these problems is that some residents are insured with the same company which insures the building. Response was swift and reconstruction has begun immediately. There are also, of course, far fewer units involved. The other building also had fire suppression systems installed and was a different type of project.

COMMITTEE REPORTS:

Environmental Committee: Mr. Furry mentioned that S.A.F.E. will meet this Thursday at 10:00 in the City of Westlake.

The Cuyahoga Soil and Water Conservation District, together with the Cleveland Metroparks, will sponsor a Rain Barrel Workshop on October 22 from 6:00 to 7:30 p.m. The cost is $35, but attendees will take away a rain barrel to help in water conservation efforts. To register, call the Rocky River Nature Center at 440 734-6660.

The Rocky River Watershed Council will meet on October 23 at 7:00 p.m. at the Cleveland Metroparks Rocky River Nature Center, 24000 Valley Parkway, North Olmsted.

Finance Committee: Assuming Mr. Thomas' availability, Mr. Moran would like to schedule a meeting of his committee at 7:00 p.m. before the next meeting of the Committee-of-the-Whole. The purpose of the meeting would be to insure that committee members are prepared for the series of Finance meetings to consider the budget.

NEW BUSINESS:

Ordinance No. 103-08: Mr. Hunt indicated that a discussion was held earlier which included information on this ordinance. He thanked Mr. Bemer for his input and information. This ordinance is a second request for an easement and will be considered further at the next meeting.

ANNOUNCEMENTS:

Mr. Moran noted that there is an addition to the City calendar: on Tuesday, October 14, a Development Code Update meeting will be held at 7:00 p.m. in Council Chambers at City Hall.

As there was no further business by members of Council, the meeting was adjourned at 8:56 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council