DRAFT

CITY OF ROCKY RIVER

NOVEMBER 17, 2003

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

Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Malling,

Mrs. Bartolozzi, Mr. Hurtuk, Mrs. Bobst

Administration: Mayor Knoble, Mr. Linden, Mr. Lesiecki

Assistant Law Director: Mr. Hotz

Press: Mr. Dzurick

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

NOPEC is once more on the Mayor's agenda. The Mayor has received a fax confirming the information in the newspaper, i.e. those residents who are not involved in another third party arrangement and who did not opt out will be included in the NOPEC discount program starting in December. NOPEC will correspond with customers informing them of the reinstated discount offer of 5%.

Colin Dean of McGowan & Co. has corresponded with the Mayor and Council voicing concerns over the Ohio Municipal League (OML) pool proposal. Mrs. Bobst has arranged with the OML to make a presentation next week.

Earlier this year at a meeting of the Cuyahoga County Mayors and Managers meeting, a presentation was made by the Cleveland Foundation about the Greater Cleveland 2004 Marshall program. The German Marshall program, in honor of the Marshall Plan, selects young leaders to participate in an exchange program to stimulate the exchange of ideas with Europe. Local civic, business, non-profit and media leaders nominate candidates. Mr. Knoble nominated Mr. Frost who was selected as a 2004 American Marshall Memorial Fellow. He will visit Germany this summer. Both he and the Mayor will attend a reception honoring all the new Fellows on December 9.

The Mayor and Mr. Frost met with approximately 50 Elmwood Road Residents on November 12 for over an hour in an extremely productive two-way exchange of views. As a result, a four-way stop was erected at Elmwood and Erie. The Administration is hopeful that this will help resolve some issues of excessive speed on Elmwood.

At the last BZA meeting, the Lake/Linda variances were withdrawn from the agenda..

The Website Committee met last Friday morning. Changes will be made on the main page and several other changes will also be made.

The City has taken delivery of three new four-wheel scooters. Because the back is 8" higher, some adjustments may have to be made. The former three-wheelers are no longer being made.

Leaf pickup is progressing well, including overtime last weekend. We are slightly ahead of schedule, and the Mayor congratulated Director Linden and Commissioner Winterich on the efficient deployment of the trucks.

Bids will be accepted next Monday for reconstruction of the Yacht Club water line.

In response to a Council request for a simplified financial report, Mayor Knoble explained that he is still seeking a satisfactory format that will display, on a changing basis, the City's financial situation. He reminded Council that the budget was passed as a guideline, and that it is adjusted constantly. He felt that the easiest way to view our financial condition is on a "free cash" basis, since profit and loss and balance sheets do not apply. Viewing fund balances at the beginning of a period and deducting expenditures and encumbrances at some date will yield the free cash available to be spent for some purpose. Expenditures are monitored by purchase orders or ordinances.

As of January 1, 2003, free cash was $13,237,830

As of October 31, 2003, free cash was $14,623,614 (revenue less new encumbrances and

new expenditures)

This represents a surplus of $1,385,784. This is the picture only for this time, without indications of what happens next week or next month. If the Yacht Club basin bids are acceptable, we will spend; the Wooster Rd. project is still in the engineering phase which is paid for by Fairview Park; we did not proceed with Aberdeen this year because of faulty bids. The Mayor asked Council for comments on what numbers they would like to see.

Discussion: Mr. Hurtuk asked if the Administration had surveyed other communities to see what formats are generally accepted. The Mayor responded that it had not. Mr. Hurtuk indicated that he will try to suggest another format.

Because the City Engineer, Mr. Lesiecki, was in attendance, Ordinance No. 204-03, was discussed as the next order of business. Mr. Lesiecki reviewed the situation: a soil removal program was begun, but it was not feasible to run the contract to its end. Originally, the contract called for removal of soil to elevation of 620 ft, a level chosen by the Engineering Department and the Administration. During removal activities, it was discovered that water and gas lines into the Service Garage were located at an elevation of approximately 620 ft, so the City asked that no more soil be removed, as these lines must be at least four feet below the surface. An arrangement was worked out whereby the contractor would provide some additional services under the contract that were not originally planned, level the area, and plant winter rye. They would also provide a credit of $34,127.50. The Mayor commented that the mound area looks very good, and is now ready for sale or whatever purpose the City Council has in mind.

• •Mrs. Bobst asked about the survey just completed by Great Lakes and the one done by Bramhall at the end of the first removal project. She wondered if the amount of soil removed by Great Lakes is what would be expected in the light of those two surveys. Mr. Lesiecki noted that soil had been removed between the two surveys, but that the amount that Great Lakes calculated had been removed agreed with the City's estimate. Mrs. Bobst commented that Great Lakes did the final survey which is the foundation of the change in the contract. She expressed concern that the individuals who did the survey were in the position to gain the most from it. Mr. Lesiecki explained that Great Lakes did the survey because they have a surveyor on staff, and the survey was professionally stamped and registered. The Mayor pointed out that it is the City which is benefiting from this contract change, not Great Lakes.



• •Mr. Potterfield asked about the elevation in the original contracts. Mr. Lesiecki said that it was approximately 639 when Great Lakes started its work. The contract ran from 639 to 620, or removal of 19 feet. Since the work was stopped at 624 feet or 21% less, Mr. Potterfield wondered if the City should receive a credit of 21% of the original amount. It was noted that the height was irregular at the start of the project and 639 was an approximation. Mr. Lesiecki explained that with any project there are fixed costs so that credits are not calculated directly on the remaining volume of soil. These fixed costs were not detailed as part of the original contract, but were requested at a later date by the City.



• •Mr. Malling asked why Bramhall was not selected to perform the survey as an independent party. Mr. Lesiecki responded that it was because Great Lakes has a professional surveyor on staff.



• •Mr. Hurtuk asked the Mayor about the original appraisal done of the site. The Mayor will gather the information for Mr. Hurtuk for next week. Mr. Hurtuk wondered about the higher elevation and what effect it would have on the end user. The Mayor reiterated the facts that the physical reality is that the property could not go to 620 feet, and that he thinks that Great Lakes was extremely cooperative in helping us level the property and improve its appearance. He feels this resolution was fair to all parties.



• •Mr. Gollinger agreed with the Mayor. He noted that Great Lakes had a contract, and it was the City which wanted to alter it. He pointed out that they could have demanded full payment. He understood that fixed costs need to be taken out before calculations.



• •Mr. Frost agreed, saying that the City requested changes, and he was glad that Great Lakes is willing to work with us. He feels the resolution is fair, and is willing to move forward on Monday.



• •Mr. Hurtuk had been recusing himself from discussion because of a possible conflict, but had eliminated that conflict and will participate. He does not disagree with Mr. Frost or Mr. Gollinger, but feels that the credit should be triple the amount offered.
• •Mrs. Bobst asked if Mr. Lesiecki had reviewed the fixed costs and found them reasonable. Mr. Lesiecki said that he had and found them to be fair and equitable, comparable to other projects.



• •Mayor Knoble asked what alternative could be suggested and stated that the situation was a straight business decision: we asked them to stop and they stopped. They did other things within the scope of the contract that added more value.

Mrs. Bobst asked Council members with further questions to contact Mr. Lesiecki during the week so that the matter may be considered on Monday.

Ordinance No. 206-03: This is an ordinance for a standard easement for the installation and maintenance of a water main in the Yacht Club basin area. Mr. Lesiecki explained that this was a little different because the City is granting an easement to itself as well as the Cleveland Water Department. This became necessary because the Water Department required open trenching if the water line were to remain where it was. With our consultant, GGJ, it was decided that the existing location was not conducive to open cutting; thus the location of the water line was moved to the north which required the easement.. In order to do that, an easement is required.

Ordinance No. 207-03: This establishment of a Rocky River Storm Water Management Committee is a requirement of the Storm Water Management Program. This program was accepted by the City in February, and the program requirement is that the committee be in place by the end of the year. The PIPE (Public Information Public Education) Coordinator will be a part of this committee.

UNFINISHED BUSINESS:

Ordinance No. 155-03: This ordinance is waiting for amendment by the Administration. .

Ordinances No. 182-03: The only change projected is that loss of privileges will be at the discretion of the Director of Recreation, not Parks and Recreation. This should be ready for passage consideration on Monday.

MISCELLANEOUS BUSINESS:

Insurance bids - City and WWTP: The Mayor commented that the Administration chose not to hire an insurance consultant this year because it was felt that the services did not warrant the money spent. The Mayor noted that in his business career, he had evaluated many insurance proposals with coverage equal to or more than the City contracts. As it happened, there were only two bids. The Mayor urged Council members to study materials submitted by McGowan & Company and the OML for further discussion.

The Mayor indicated that the Administration's recommendation will be for the OML proposal because of the large savings. Had we done this last year, we would have saved $100,000. He believes that Council will agree after the presentation next week. If Council members are concerned, a portion of the savings can be reserved for any minor deficits experienced, and the remainder spent on a worthwhile project in the City. Although there is a possibility the Mayor will be unable to attend next week's meeting, he encouraged Council to discuss the matter further so that the deadline at the end of December can be met.

As to the WWTP, only one bid was received, from the same company, same underwriter and same agent as last year. The cost is up significantly, but there are few choices, as no one is writing this type of insurance.

• •Mr. Hurtuk wondered how many bid packages were picked up. Mr. Linden indicated that there were about six potential bidders. Mr. Hurtuk asked if there was any feedback from those who did not bid. Mr. Linden mentioned that some felt they did not have enough time. Four weeks is the normal time allowance. As to the WWTP, other bidders felt they could not underbid the present company.

Mrs. Bobst reminded all that Mrs. Bartolozzi has called a meeting of the Contracts Committee for next Monday where a presentation will be made by Dawson Insurance. She urged all Council members to attend. Mr. Gorton from that company will supply general information so that all have an opportunity to review it before the meeting. Preparation of questions will also be helpful. The meeting will be held on Monday at 7:00 p.m. in the Committee Room.

• •Mr. Malling suggested asking Dawson Insurance to respond to the letter sent by Mr. Dean of McGowan & Co. It will be forwarded on Tuesday.

COMMITTEE REPORTS:

Parks and Recreation Commission: will not meet this week, since there will be no quorum. They are looking for a new date.

Safety Committee: Mr. Frost reported that he has conferred with Fire Chief Flynn and Fire Safety Officer Crowe who are looking at other municipalities which require a public use defibrillator. Referring to an article which appeared in The Plain Dealer, Mr. Frost noted that studies have shown increased survival rates where defibrillators are required. He has requested and received information from Phillips Medical and welcomes input from other Council members.

NEW BUSINESS:

Ordinances No. 193-03 through 201-03: Mr. Gollinger noted that these chemicals and removal services are for the entire year. The Safety-Service Director has provided a complete summary of bids and the information seems straightforward. He will move for passage on Monday.

Ordinance No. 202-03: There was one bid at the same price as last year from Michael's Restaurant. Although Mr. Frost will be unable to attend next Monday's meeting, he foresaw no problem with passage in his absence.

Ordinance No. 203-03: This ordinance would authorize the purchase of four new police cars. Last year, we purchased three vehicles, but with the current practice of moving used cars down for use by other departments, four cars are needed this year. As shown by mileage figures, the cars will be badly needed by the time they arrive in January. They are being purchased under the State Cooperative Purchasing Act. Mr. Hurtuk commented that he will move for passage next week.

Ordinance No. 204-03: This was discussed earlier. Questions may be forwarded to Mr. Lesiecki or the Mayor.

Ordinance No. 205-03: This would establish standards for tree lawns, and is a response to a situation in the City in which some creative homeowners are using gravel, stones, stakes and other materials on their tree lawns. The gravel is a hazard to the City's leaf vacuuming system, and other materials pose a hazard to bicyclists and children. This ordinance would prohibit hazardous materials and establish a permit system for materials other than grass.

• •Mrs. Bartolozzi asked about plantings around mailboxes.
• •Mr. Gollinger suggested adding unobstructed access to utilities.
• •Mr. Frost suggested adding that trees are permitted. He also suggested that the ordinance be referred to the Beautification Committee for its comments.

Ordinance No. 206-03: has already been discussed by Mr. Lesiecki earlier in the meeting.

Ordinance No. 207-03: Mr. Gollinger noted that this is a requirement of the Storm Water Management Program passed back in February. Unless there is concern, he will move for passage on Monday.

COMMUNICATIONS AND ANNOUNCEMENTS:

The Master Plan Working Group will meet at 5:00 p.m. on November 19 at the Don Umerley Civic Center.

Council's Contracts Committee will meet next Monday at 7:00 p.m. in the Committee Room to discuss the Dawson Insurance bid with the OML pool.

Mr. Koran forwarded the City's only copy of the grant application for streetscaping in the Target Improvement Area to the Council President. She complimented him and his assistant, Heather Wagner for their hard work and attention to detail in preparing the application.

The Mayor, in reviewing his notes on financial information, added that of the $14,634,614 of "free cash" he had outlined earlier, certain portions belong to the Court and the WWTP, although such funds are shown on our books. Those portions total $5,245,665. The actual City balance is just over $9 million.

As there was no further business by Council members, the meeting was adjourned at 9:09 p.m.

____________________________ _______________________________

Pamela E. Bobst Misao Kurokawa

President of Council Clerk of Council

Please note: this is a draft copy of the minutes of the Committee-of-the-Whole of November 17, 2003. These minutes may be amended or revised at the next Legislative Meeting.