CITY OF ROCKY RIVER

NOVEMBER 3, 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. Furry, Mrs. Arabian Whitman,

Mr. Long, Mr. Moran

Absent: Mr. Mylen

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

Press: Ms. Pritchard

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

Tomorrow is Election Day, and polls will open at 6:30 a.m. and close at 7:30 p.m. Last week the Mayor distributed a list of polling locations, and she said that if Council members have questions, they should contact City Hall. On Election Day, the City will work with law enforcement officials to ensure that the sign ordinance is observed. The Mayor urged all who have not already voted to exercise their right to vote.

The pier at Bradstreet's Landing is now closed.

Last week a leak in the pool was discovered when difficulty was encountered in adjusting and maintaining the water temperature. The leak which caused that difficulty will be repaired this evening and should not impact any swim time for residents. The Mayor thanked Astro Pool, which constructed both City pools, for their responsiveness.

This Saturday, Boy Scouts will help disabled and elderly residents with raking and other landscaping chores under the Yard Charge program. This year they are working with Senior Services Director Carole Calladine to identify eligible individuals. Mayor Bobst complimented the group, saying they were industrious and hard-working.

Paving for 2008 is now complete: Gasser, Cottonwood, Christensen Estates and River Lane have been resurfaced and are finished except for some crack sealing on River Lane. The Wooster Road sewer extension project where the City and Fabrizi Construction have been working is also now complete and topsoil and seeding have been put down. Two fences and additional signage will be placed, and in the spring, landscaping will be added in the entire area.

The Senior Center Craft Show will be on Friday and Saturday from 9:00 a.m. until 4:00 p.m.

The Mayor also noted that Council members have received additional information from Sweet Melissa's regarding their request for an Economic Development Transfer (TREX). She also distributed copies of the Heinen's application from 1995 so that Council members can see the information which was provided to City Council and the State. The information from Sweet Melissa's was received only today and has not yet been reviewed, but if Council wishes, it may be placed on the agenda of the Committee-of-the-Whole in two weeks for discussion. At that time, there may be another TREX application before Council from the Irish Barber.

UNFINISHED BUSINESS:

Ordinance No. 94-08: Mr. Hunt indicated that this ordinance authorizes an easement for AT&T, and noted that it has been on the agenda for some time. Mr. Hunt commented that members of Council had requested more information on screening done by AT&T for the present sites of the buildout as well as a response regarding the fiber optic conduit on the City's campus, and recognized Kevin Lynch, the Director of External Affairs for AT&T, who was in attendance.

• •Mr. Lynch responded by saying that in September, the company had pledged to landscape several sites in the City that were in the right-of-way. Landscaping has now been completed at Bonnie Bank, Center Ridge (in front of Panera Bread), W. 198 & Detroit, and Linden Road.

He further responded that if the City is requesting dark fiber, which is fiber optic being

installed for the City's exclusive use, i.e. not part of the program offered by AT&T or

used by the company to deliver programming, the company's policy is against the installation of that dark fiber. If the City is still interested in pursuing the purchase of service from the company which would also use these lines, that idea would be entertained. Otherwise, AT&T would supply a list of contractors used by the company which could be hired by the City for the installation. He noted that for AT&T's own use, the work is contracted out and not done in-house.

Mr. Hunt thanked him for the information, but noted that the group feels that this is an opportunity for AT&T to step forward and make a contribution to the community.

Mr. Furry, noting that he is in the real estate business, said that when easements are granted, there is consideration. Based on the consideration of two easements being granted on City property, he asked if there could be an exception for the City's dark fiber installation.

• •Mr. Lynch said that he could make inquiries, but he said the reason that the company is working with the City is to avoid placing installations in the right-of-way. These buildouts could easily be placed in the right-of-way, but at the City's request, they are trying to avoid the right-of-way. The firm is not looking at spending additional money when it comes to public easements.

Mr. Furry recalled that at the outset of Project Lightspeed, what was billed and what happened were different. That is why the buffering had to be done before granting of the easements, and now he was requesting that AT&T be good corporate citizens.

Mr. Shepherd noted that the company's rights in the right-of-way go back many years and were obtained to deliver telephone services. He asked why easements now extend to internet provision.

• •Mr. Lynch responded that the network being installed delivers a platform which does telephone service, internet service and TV service. Those software applications are coming across the telephone network.

Mr. Shepherd commented that the company has what it needs to provide telephone service. He said he felt that a good case could be made that the company is extending the reasons for which the easements were granted.

He also asked about buffering done for the Linden Road location where no shrubs were planted on the street side. He asked if this has been done.

Mayor Bobst said that it has not been done. It was not on the original list and was done as an addition, but nothing was planned on the street side. Salt could create a hazard for shrubs and plantings may not be successful. Linden Road is more heavily salted than Bonnie Bank.

• •Mr. Lynch distributed letters with photographs showing the completed landscaping.

Mr. Moran asked once more about the installation of dark fiber.

• •Mr. Lynch responded that they have been approached by many non-profit organizations and AT&T does not build networks that will be turned over to someone else. If it is not owned, maintained and operated by the telephone company for telephone business, the company will not build it. His understanding is that the network would be for City use. The Mayor noted that the City does subscribe to a number of services from AT&T.

Mr. Shepherd asked about receiving funds for the easements which could be spent on the fiber optic system.

• •Mr. Lynch said that the company is trying to work with the City to keep the equipment out of the right-of-way. They were told to seek easements, and there was no mention of costs associated with this process except for $1 for the right to occupy the easement. Now, after the fact, the City is saying that if the company will not build the network, then there will be a charge for the easement.

Mrs. Arabian Whitman asked for a definitive reason that there are is no landscaping on the Linden Road side of the installation.

• •Mr. Lynch said that when this was discussed, the agreement was that landscaping would be placed on the north and south sides of the boxes. He said he did not know exactly how much room there is, but the bushes would actually start growing into the street. The buffering was placed so that, looking down the street, the boxes would not be seen. Mr. Lynch said that he would look into it.

The Mayor said that regarding Ordinance No. 103-08, she was told by the Building Commissioner that the request was being withdrawn. Mr. Lynch said that he believed that three easements were still being requested.

Mr. Hunt asked if buffering will be required with new easement installations.

• •Mr. Lynch stated that once the easements are secured, their engineers will draw blueprints which will then be submitted to the City for approval. When buildouts are in the right-of-way, those plans would go to the Planning Commission which can require landscaping. For the easements on City property, the plans would go to the Administration where landscaping can be added.



• •Mr. Bemer said that plans for buildouts on City property will also go to the Planning Commission.

Mr. Hunt thanked Mr. Lynch for answering Council questions and noted that Ordinance No. 103-08 will also be discussed.

Ordinance No. 118-08: This ordinance will authorize a contract for snow removal from aprons of eligible residents. Mr. Hunt remarked that this is a nice service provided for those who qualify and with Director Linden's input, noted that the maximum number will be 200 residents at a cost of $80 per apron for the season. (Consent Agenda)

Ordinance No. 119-08: This ordinance will engage services from the Cuyahoga County General Health District, and is an annual contract which will cost $3.70 per capita with a cap of $76,720. (Consent Agenda)

Mr. Furry asked why the City is charged for these services when so much of individual tax bills goes to the County.

• •The Mayor responded that these are additional services as outlined in their annual report including immunizations, and many other health services. Some months ago, the City of Lakewood had its own health department, but it has now been disbanded and the city contracts with the Board of Health because more services are provided for the money than cities are able to do on their own.

Ordinance No. 120-08:  Mr. Furry explained that this ordinance deals with Ohio EPA regulations which now mandates that a License II operator review monthly documents. This can be done by a contract with URS. Mr. Linden hopes that this EPA requirement will not be permanent. (Consent Agenda)

Ordinance No. 121-08: This ordinance will authorize a contract for continuing services regarding the underground tanks at the Service Garage. Mr. Linden further explained that the ordinance covers further testing of the seven existing monitoring wells at the Service Garage. This has been mandated by BUSTR ( Bureau of Underground Storage Tank Regulations). (Consent Agenda)

MISCELLANEOUS BUSINESS: NONE

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Ordinance No. 103-08: Mr. Hunt indicated that this ordinance deals with AT&T's second request for two easements, this time located off Lake Road close to the railroad trestle. Despite some missed communications, it appears that the company is still requesting these easements. Discussions will continue in tandem with Ordinance No. 94-08. The Mayor indicated that she will confirm that the request is still being made tomorrow morning.

Resolution No. 122-08: This ordinance accepts amounts and rates set by the Budget Commission and certifies them to the County Auditor. Mr. Moran received a communication from the Finance Director who noted that the City millage of 10.9 was most recently changed as an increase from 1.0 in 2004 to service the bonds for the Civic Center improvements. Mr. Thomas will be present next week to present more information.

Resolution No. 123-08: This resolution requests that property tax collections by the County Treasurer be distributed to the City in advance of the settlement at the close of the collection. This means that funds will be received at an earlier date to ensure a favorable cash flow during the next year. This will also be discussed at the next meeting.

Ordinance No. 124-08: This ordinance will authorize lab analysis of wastewater samples for 2009. Two bids were received; the lower bidder did the work for 2008 and received a perfect score regarding the EPA required quality control study. In view of the price and quality, Ginosko Labs was chosen for 2009. (Consent Agenda)

ANNOUNCEMENTS:

Mrs. Arabian Whitman, head Track and Cross Country Coach at Magnificat High School, was very pleased to announce that their team won the State Championship Division I title in cross country. She said it was the first time in 13 years, and only the second time in the school's history that it won the state championship, and she said she was very, very, very proud of her girls.

Mr. Moran indicated that he had stopped at one of the City's newest businesses, Zog Dogs, and discovered that it is a family run business, recognizing long-time Rocky River 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