DRAFT

CITY OF ROCKY RIVER

NOVEMBER 21, 2005

The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 8:15 p.m.

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

Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

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

Law Director: Mr. Matty

Press: Ms. Payne

MAYOR'S REPORT:

Thursday, City Hall will be closed in observance of the Thanksgiving holiday. The Mayor also wished to alert Council that a number of employees are using Friday as a vacation day, so that although all departments will be open, not all will be fully staffed.

Leaf pickup is on schedule, thanks to overtime work for the past few days. As of the close of business today, section 2 has been completed, so the Administration is optimistic that all leaves will be collected before the snow flies.

Construction has begun at the ice rink. The Mayor suggested that Council persons may be interested in dropping by to observe.

This Saturday at 5:00, the traditional tree lighting ceremony will be held. It is sponsored by the Jr. Women's Club as a charitable fund-raiser.

Three meetings have been scheduled for negotiations with City unions. On Wednesday, November 30, the Administration will meet with service workers and firefighters, and on December 1, with police officers.

The Mayor also attended a birthday celebration for Florence Homan at the Welsh Home. At 112 years old, Mrs. Homan is the oldest lady in Ohio as ascertained by WestLife reporter Michelle Payne. The Mayor commented that the Welsh Home is a wonderful facility and that the community is fortunate to have it.

The Beautification Committee will meet on November 29 at 7:00 p.m. at the Don Umerley Civic Center.

The Mayor, together with Mr. Linden and the Mackays, have begun meetings with ODOT and NOACA regarding the resurfacing of Lake Road. Representative Kucinich has helped the City obtain a $2.6 million federal grant, and that means a delay because there is a great deal of complex paperwork to be accomplished before the project can begin. Because of this, interim repairs may be needed until the project can begin.

An ordinance will be prepared for next Monday's meeting for renewal of hospitalization insurance for employees. Information will be in packets on Friday so that enrollment can be completed by the 15^th. A special meeting may be required on December 5.

UNFINISHED BUSINESS:

Ordinances 136-05 through 149-05 were passed during the Special Meeting

Ordinance No. 150-05 and Ordinance No. 151-05: Mr. Hagan turned to Mr. Linden who explained that once again the Administration is asking to be able to purchase tires and gasoline on the open market as well as under the State Cooperative Purchasing Act. He pointed out that at present, the City can save $0.11 per gallon on unleaded and $0.12 per gallon on diesel by purchasing on the open market. (Consent Agenda)

Resolution No 152-05 through 158-05: Mr. Hurtuk explained that these resolutions implement suggestions made by the state auditors, who recommended that transfers from the General Fund be individually approved by ordinance before being made. Steps are also being taken to accomplish their other suggestion, the formation of an Audit Committee. These transfers are part of the approved budget; nothing is new, but documentation will now be provided as transfers are made during the year. (Consent Agenda)

Resolution No. 159-05: Mr. Hurtuk commented that this resolution is a matter of cash management, as it requests that tax proceeds collected by the County Auditor be advanced to the City as soon as possible. (Consent Agenda)

Resolution No. 160-05: This resolution notifies the County Auditor of the tax rates for the City. Mr. Thomas added that this is the next step in the budget process for 2006. (Consent Agenda)

MISCELLANEOUS BUSINESS:

Sex Offender Residence Restrictions: Mr. Frost noted that ordinances have been proposed in Fairview Park and passed in North Canton on this subject. He referenced a map prepared by the Administration which shows the areas of the contemplated prohibitions, showing a 1000' circle around schools, parks and licensed day care facilities. His committee is now considering a request to the Law Director to draft legislation as well as a suggestion that pre-schools and libraries be added. Also under consideration is whether adding these facilities will extend the prohibited areas to encompass too much of the City, and therefore jeopardize the legality of the proposed legislation. In a further review, he mentioned the case study presented by Law Director Matty in which the current state code is being challenged.

• •Mr. Matty indicated that in that case, the temporary restraining order has been denied, and the state law declared constitutionally valid.
  
  

Mr. Frost requested that Mr. Gottschalk draw up another map showing the same facilities as well as pre-schools and libraries so that Council can see the effect it would have on the restrictions. He noted that a complete exclusion of the entire City is not possible. In the meantime, however, he requested that the legislation be drafted for preliminary discussion. If decided upon by Council, other facilities can be added.

• •Mr. Gollinger requested that churches also be added because they often have pre-school classes as well as youth group activities that could attract sex offenders.
  
  

Mr. Frost then requested that the Law Director move forward and draft the legislation.

SBC Enhancements: Mrs. Bobst turned to Mr. Hagan, Chairman of the Contracts Committee to lead the discussion. Mr. Hagan noted that SBC had met with the Administration, resulting in a letter dated 11/15/05 addressed to the Mayor.

Mr. Kevin Lynch of SBC, now named AT & T, came forward. He introduced those who had accompanied him: from SBC law firms, Andrew C. Emerson (Porter Wright in Columbus) and Steve O'Bryan (Taft); from SBC, Courtney Norris and Stephanie Betts.

Mr. Lynch then noted that he wished to address City concerns brought about because of the launching of SBC's Project Lightspeed, the replacing of copper wiring with fiberoptics. This replacement would, he said, bring many benefits to residents, including improvements in speed, communication quality and reliability to existing data customers. He indicated that his company is seeking approval of pending permit requests in order to proceed with the project.

• •Mr. Potterfield asked how many new structures were anticipated in Rocky River over the next five years to accommodate this growth. Mr. Norris said that he estimated approximately 50 would be required. At this time, only three permits are under way and details for an additional six have been outlined. These would be for the first quarter of 2006. Many will replace existing apparatus, but some locations will be new.
  
  
• •Mr. Matty asked if the equipment can be located in the ground. They said it could not because fiberoptics are sensitive to temperature, and particularly to moisture.
  
  
• •Mayor Knoble stated that the documents will have to be drafted into ordinance form which will cover the financial aspects. Questions still remain about whether or not these locations are on easements, City or public property, or in the public right-of-way. Another remaining question is whether requests need to go before the Planning Commission. Of the nine applications, two are in residential areas; the others in commercial property or replacing existing facilities. In speaking to the Building Commissioner, Mr. Beirne thought it may be necessary to submit requests to the Planning Commission.
  
  
• •Mr. Matty felt that research will be necessary to determine the question, as this is considered a structure for commercial use under the Code. If it should be necessary to present the issue to the Planning Commission, it could be all-encompassing so that it would not be necessary to return with each new application. This would assume that there is an agreement with the Administration and an understanding with Council. Council would be notified, of course, when such a structure is located in a Council person's ward.
  
  
• •Mr. Gollinger asked, if 50 boxes are ultimately projected, how many boxes are currently located in the City. Representatives responded that replacement would be one for one. Questioned about the size, Mr. Norris brought forward blueprints and photos, noting that the replacements would be larger than existing structures.
  
  
• •Mrs. Bobst asked if the proposed contract is renewable. Her interest is to create a level playing field with Cox Communications. She noted that the City's contract with Cox is renewed upon expiration and the revenue stream continues. She asked if the SBC contract will be renewed in three years. An SBC attorney, Mr. Emerson came forward to assure Council members that the company has no intention of upgrading the system and then leaving the field. Asked if a longer term contract could be considered, he said it could be discussed.
  
  
• •Mr. Gollinger noted that the letter referred to revenues. He asked if there will be verifiable data so that the City can be assured that it is receiving what is due. Mr. Lynch assured him that there would be some system of checks and balances in place. Because the area is new to them, he is not certain at this time what it will be.
  
  
• •Mrs. Bobst asked if other communities have the same arrangement with SBC. Mr. Emerson said that there are others in the U.S., but not yet in Ohio.
  
  
• •Mayor Knoble asked, for the record, if there is anything under the laws of the State of Ohio that prohibits SBC as a public utility, from assessing and remitting fees to the City. Mr. Emerson said that, as outlined in the letter, it is not contrary to law to provide revenue for video services which will be part of their enhancement to the existing network.
  
  
• •Mr. Hagan reminded the visitors that City Council does not issue permits, but will deal with the legislation and easements.
  
  
• •Mr. Frost asked if, at the end of three years, SBC could provide video services without the payment of any fees to the City. Mr. Emerson reiterated SBC's intention to try to make sure that the City is "made whole" in terms of revenue, using the contract with Cox Communications as a basis to do that. Mr. Frost noted that, as requested by SBC, it might not be feasible to issue permits within 30 days.
  
  
• •Mayor Knoble noted that the Planning Commission would not meet until December 20. A great deal depends upon the ruling of whether presentation to the Planning Commission is necessary. He said that it is the Administration's interest to protect the revenue level with Cox, and to have no structures in residential tree lawns.
  
  
• •Mr. Hagan asked that the required ordinances be drafted to present to Council.
  
  

Mr. Lynch asked, if one of the three structures requested in a commercial zone could be approved immediately so that work could move forward.

• •Mr. Matty indicated that Planning Commission review may be necessary. Mr. Emerson, speaking of a timeline, noted that printouts of the first three requested permits are on a 60-day clock which will be up on December 3 under Ohio Revised Code Chapter 4939. At that time, approval will be due or a written explanation of why the permit is being denied.
  
  
• •It was noted that off-street parking would be required for the City Hall easement, to which SBC agreed. The easements are not yet drafted in ordinance form. Mr. Matty asserted that the easements would need to be submitted to him and to the City Engineer for approval, and suggested the possibility of a 30-day extension
  
  
• •The Mayor summarized:

1. The Law Director will consult with the Building Commissioner relative to the need to go to the Planning Commissioner for overall approval of the boxes in the right-of-way or easement.

2. The City will draft easements for two boxes to be located on City property.

3. The City will draft an agreement for a 3% fee payment.

Mrs. Bobst said that this legislation would be forwarded to the Contracts Committee.

COMMITTEE REPORTS:

Finance Committee: Mr. Hurtuk called a meeting of his committee for Monday, December 12 at 7:00 p.m. The topics of discussion will be the 2006 Budget and the formation of an Audit

Committee as recommended by the state auditor. For the 2006 budget, the committee will look for preliminary projections by the Administration and expectations of Council.

NEW BUSINESS:

Ordinance No. 161-05: Mrs. Bartolozzi indicated that this ordinance would authorize the purchase of 3 replacement servers, an upgraded power supply and additional software for the Court. The Law Director has reviewed the ordinance, and the funds have been allocated in the budget. (Consent Agenda)

Ordinance No. 162-05: Mr. Hagan explained that this ordinance will renew a five-year agreement for software support being used by the Court. The contract was arranged by Mr. Bracken and will be paid for from the Court's computer funds. (Consent Agenda)

Ordinance No. 163-05: Mayor Knoble explained that negotiations will shortly be under way with the City's unions. Although the aim is to finalize a contract by the end of the year when the old contract expires, it often cannot be accomplished. Having the same legal counsel will strengthen the City's bargaining position, particularly as to fact-finding or conciliation. The matter has been discussed with Law Director-elect Bemer who has no objection. This would solidify the City's position with unions and will give consistency.

• •Mr. Hagan asked if billing would be at the established rate. That has not yet been discussed, and Mr. Matty said that it would be at the discretion of Council. The Code says that the Mayor has the right to ask for legal services, but funds are the Council's decision.
  
  
• •Mrs. Bobst asked if rates would be consistent with what is currently charged for this type of service. Mr. Matty indicated that it could be at $125 or $150 per hour. It will be Council's decision if it wishes to determine a rate or set a cap. The issue will not be on the Consent Agenda so that further discussion is possible.
  
  

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that, at the request of the Law Director, an Executive Session be held immediately following the meeting to discuss a matter of pending or imminent court action under Article X, Section 6, Subsection 3 of the Charter.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Mr. Gollinger commented that he had attended the meeting of the Planning Commission last week and wished to make other Council members aware that at the SBC facility on Wagar between

I-90 and Detroit, a Cingular Communications antenna has been proposed which would be placed on top of the building at 60' high. He indicated that Council may be interested because, although the building is commercial, it is basically surrounded by residential properties.

As there was no further business by members of Council, the meeting was adjourned at 9:07 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 meeting of the Committee-of-the-Whole of November 21, 2005. These minutes may be revised or amended at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

NOVEMBER 21, 2005

The Special Meeting of Council was called to order by Mrs. Bobst, President of Council at 8:00 p.m.

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

Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

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

Law Director: Mr. Matty

Press: Ms. Payne

The meeting was opened with the Pledge of Allegiance. Mrs. Bobst thanked Mr. Hurtuk for chairing last week's meeting in her absence.

AUDIENCE PARTICIPATION: NONE

ORDINANCES AND RESOLUTIONS UNDER CONSENT

ORDINANCE NO. 136-05 BY BRIAN F. HAGAN

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH GEOTECH SERVICES, INC. FOR EMERGENCY REPAIR OF A PUBLIC STORM SEWER AT A COST NOT TO EXCEED $92,050.00 AND DECLARING AN EMERGENCY

3^RD READING

This ordinance will pay the bill for repairs to Spencer Creek culvert.

ORDINANCE NO. 137-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FERRIC CHLORIDE FOR THE YEAR 2006 FOR THE WASTEWATER TREATMENT PLANT FROM KEMIRON COMPANIES, INC. AT $258.00 PER DRY TON

1^ST READING

Mr. Gollinger explained that the next group of ordinances authorize the purchase of chemicals and services for the WWTP. Any price increases from last year are due to increases in the price of petroleum and petroleum products. All contracts were bid upon and the providers chosen submitted the lowest bids.

ORDINANCE NO. 138-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SODIUM BISULFITE FOR THE YEAR 2006 FOR THE WASTEWATER TREATMENT PLANT FROM PVS TECHNOLOGIES, INC. AT $0.80 PER GALLON

1^ST READING

See discussion, Ordinance No. 137-05

ORDINANCE NO. 139-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SODIUM HYPOCHLORITE FOR THE YEAR 2006 FOR THE WASTEWATER TREATMENT PLANT FROM UNIVAR, USA AT $0.674 PER GALLON

1^ST READING

See discussion, Ordinance No. 137-05.

ORDINANCE NO. 140-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE REMOVAL OF GRIT AND SCREENINGS FOR THE YEAR 2006, THE FIFTH YEAR OF A FIVE (5) YEAR CONTRACT ENDING DECEMBER 31, 2006 FOR THE WASTEWATER TREATMENT PLANT FROM BFI OF OHIO INC. AT $23.75 PER CUBIC YARD WITH AN ADDITIONAL, MANDATORY O.E.P.A. DISPOSAL FEE OF $1.75 PER TON

1^ST READING

This is the fifth year of a five-year contract accepted in 2001. The price was below that of 2000, so this contract was a wise purchase for the City. Further, Mr. Gollinger noted that Rocky River will pay only the share of expenses as determined by the recent flow study.

ORDINANCE NO. 141-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE REMOVAL OF DIGESTED SLUDGE CAKE FOR THE YEAR 2006 FROM THE WASTEWATER TREATMENT PLANT FROM YAWORSKI FARMS AT A COST OF $10.98 PER WET TON

1^ST READING

See discussions for ordinances above.

ORDINANCE NO. 142-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE REMOVAL OF RAW SEWAGE SLUDGE FOR THE YEAR 2006 FROM THE WASTEWATER TREATMENT PLANT FROM AGRI-SLUDGE, INC. AT A COST OF $44.75 PER TON

1^ST READING

See discussions for ordinances above.

ORDINANCE NO. 143-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE REMOVAL OF DIGESTED SLUDGE CAKE TO A LANDFILL FOR THE YEAR 2006 FOR THE WASTEWATER TREATMENT PLANT FROM J & J REFUSE, INC. AT A COST OF $38.85 PER WET TON

1^ST READING

See discussions for ordinances above.

ORDINANCE NO. 144-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH GINOSKO LABORATORIES, INC FOR LAB ANALYSIS OF WASTEWATER SAMPLES FOR THE YEAR 2006 ENDING DECEMBER 31, 2006 IN AN AMOUNT NOT TO EXCEED $10,809.00

1^ST READING

This contract went to the lowest of five bidders. The present administration of the WWTP has had experience working with this firm and recommended that this lowest bid be accepted.

ORDINANCE NO. 145-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH METCALF & EDDY OF OHIO, INC. FOR INSPECTION SERVICES REQUIRED FOR THE RECYCLE PUMP REPLACEMENT PROJECT AT A COST NOT TO EXCEED $21,500.00

1^ST READING

This ordinance will allow for inspection which is required for the project listed above. The bid was approved by the consulting engineer who recommended Metcalf and Eddy because they are familiar with the project.

ORDINANCE NO. 146-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE ACCEPTING A STANDARD EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF A WATER MAIN FOR THE PURPOSE OF SUPPLYING WATER SERVICE TO HAMLETS EAST SUBDIVISION IN THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

This ordinance accepts a standard easement for the Hamlets East project.

ORDINANCE NO. 147-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1179.04 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "AUTOMOTIVE USES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

This housekeeping matter will resolve a conflict in paragraphing made in the initial legislation. No substantive change is made in this ordinance.

RESOLUTION NO. 148-05 BY BRIAN A. HURTUK

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR OR HIS DESIGNEE TO MAKE APPLICATION TO THE CUYAHOGA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE CONTINUATION OF THE EXTERIOR MAINTENANCE PROGRAM

1^ST READING

Mr. Koran has explained this grant program at the last Committee-of-the-Whole. It provides grants for low to medium income property owners to help keep them up to Code. The $25,000 applied for would help five property owners.

ORDINANCE NO. 149-05 BY BRIAN F. HAGAN

AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE MEALS FOR THE ROCKY RIVER JAIL FACILITY AT A COST OF $21.00 PER DAY PER PRISONER ($7.00 PER MEAL) WITH A $1.00 DELIVERY CHARGE WHEN LESS THAN FOUR (4) MEALS ARE ORDERED FROM MICHAEL'S FAMILY RESTAURANT, ROCKY RIVER, OHIO

1^ST READING

Mr. Hagan explained that there was only one bidder for this contract. The price increase is modest, $0.25 per meal.

Moved by Mrs. Bobst, seconded by Mr. Hurtuk and Mr. Gollinger, that the rule requiring that the legislation of the Consent Agenda be read on three separate days be suspended, and that the stated ordinances and resolutions be placed upon their passage:

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the stated ordinances and resolutions be passed as read.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

As there was no further business, the meeting was adjourned at 8:20 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 meeting of the Special Meeting of November 21, 2005. These minutes may be revised or amended at the next Legislative Meeting.