DRAFT

DRAFT

CITY OF ROCKY RIVER

NOVEMBER 24, 2003

Contracts, Governmental and Judicial Committee

The meeting of the Contracts Committee was called to order by the Chairman Mrs. Bartolozzi at 7:00 p.m. in the Council Committee Room.

Contracts Committee Members Present: Mrs. Bartolozzi, Mrs. Bobst

Absent: Mr. Frost

Council Members Present: Mr. Gollinger, Mr. Malling, Mr. Hurtuk

Administration: Mr. Linden

Law Director: Mr. Matty

Mrs. Bartolozzi opened the meeting by stating that at the recommendation of the Administration, Council will consider the proposal of Dawson Insurance, which represents the Ohio Municipal Joint Self-Insurance Pool (OMJSIP), for the City’s property/casualty needs. Present at the meeting to provide an overview of the plan were Mr. William R. Gorton, a senior vice president and Mr. Robert W. Lampus, a senior vice president and general counsel.

Mr. Gorton opened the slide presentation with some background information: He noted that, contrary to an allegation of its competitor, the name of the OMJSIP has not changed since its inception in 1987. One change made since that time is the employment of Dawson as its marketing representative and JWF Specialty Co. Inc of Indianapolis as its administrator. This move cut the Pool’s heavy administrative costs.

With this change in 2001 have come increased revenues and improved reinsurance contracts. Mr. Gorton cited advantages for Pool members:

The Pool now has over 100 members;
Reinsurance companies are rated at A+ or A++.
The Pool is fully insured for any claim in excess of $175,000 for liability and $50,000 in each property loss by these reinsurers.
Competitive and steady pricing
Claim specialists who administer nothing but municipal claims
A growing retention rate from 77% in 2001 to 97% in 2003. Price increases in this period were 8.6% in 2001, 14.3% in 2002, and 12.1% in 2003. This is far below industry standards. This is possible because this is not premium paid to an insurance company with a home office, and other high overhead items.\

Mr. Gorton noted that since 1987, a deficit of $1,775,000 has accumulated, but reassured Council that there was no cause for concern as there is plenty of cash to operate and no plan to assess members. The Board feels it is better for members to have the funds since it is not needed for daily operations. A significant portion of the deficit is an IBNR reserve for future claims. Mr. Gorton asserted that the Pool is profitable in its current operations and gradually reducing the deficit. Since Dawson and JWF have taken over the Pool, over $1 million profit has been earned, partly through more efficient administration and through the collection of appropriate contributions from members through updated appraisals. The bulk of the deficit was accumulated in 1995, 1996 and 1997 when a soft insurance market meant low premiums and a heavy claims experience incurred heavy losses. After that period, the Pool updated its premium, improved underwriting procedures and improved its reinsurance contracts.

Mr. Matty asked about figures for “surplus contributions”. Mr. Gorton explained that member contributions are in two parts, and surplus contributions do not include reinsurance costs or commissions. Other costs include Pool operations and reinsurance costs of 12% as well as funds to pay the $175,000 of liability not covered by reinsurers. Both figures taken together represent the total premium equal to a premium from an insurance company. These premiums are collected only from current members, never from former members. In the history of the Pool, there has never been an assessment.

Discussion:

Mr. Malling asked if a current balance sheet is available. Mr. Gorton said that it is not done until the end of the year.

Mrs. Bobst asked about liability for loss development for prior years and wished to be certain that the liability would only be for those in the Pool at that time. Mr. Gorton reassured her that our City would have no liability at all for those years. Mrs. Bobst further asked if our City would pay higher premiums for prior cities’ claims. Mr. Gorton asserted that premiums are based only on risk and not on other cities’ claims. Mr. Lampus added that if an assessment were to be made now for the three-year period when losses occurred, only members at that time could be assessed. If Rocky River were to join, and losses occurred during this next year, assessment could not be made for at least three years. Some loss development from prior years has been paid from current premiums, and now loss controls are in place.

Mr. Matty was asked by Council to review the proposed contract with the OMJSIP. He asked Mr. Gorton and Mr. Lampus about a portion of the contract dealing with our responsibility should we join and then leave the Pool. By contract, if we withdraw or are terminated after one year, we are responsible for paying our share until that coverage year is ended.

The answer is that if the City leaves before the end of the year, no contributions will be refunded, but no other fees will be levied unless there is an assessment. This would be unlikely because of rate adequacy and current proper underwriting. But other than an assessment, the City would have no responsibility. Any assessment would be in proportion to earned contributions of the members for the expense period that created the need. Assessments can be levied only for deficit years. The amount is also based upon the amounts paid by the Pool in claims. Mr. Gorton showed an example of a $1 million assessment, assuming Rocky River had been a member of the Pool in a deficit year three or more years ago when a liability was incurred. Based on the formula used, our share of the assessment would have been $17,000. Conversely, if we join the Pool, our savings could be $95,000 in 2004. Had we joined in 2002, total savings could have been over $225,000. If Council wishes, a portion of that can be set aside against any possible assessments, since it will be 2009 before any payment could be required.
A further advantage would be the three-year option. If the City were to choose this option, the Pool would guarantee a rate increase of no more that 20% per year. Mr. Gorton pointed out that at the end of the three-year period the premium would still not be up to the competitor’s present premium.

Mr. Malling asked about the cash flow losses shown on the OMJSIP balance sheets. He noted that at the end of 2001 and 2002 losses necessitated the selling of investments. He expressed concern that liquid assets had been reduced and that operating losses continue. As there is no interim, he cannot judge how the Pool is doing this year. He stated that he would be unable to support the City’s move to the Pool at this time.

Mr. Lampus responded that his firm and JWF inherited difficult conditions and a need to reduce the deficit. This is the end of a large loss period, and the cash flow is starting to be strong. They have increased the profitability of current operations. The Pool cannot be insolvent. If the need arises, members will be assessed for the losses incurred in 1995-97 when members were undercharged and provided coverage for less than cost. They have all signed contracts and will pay, if necessary. Unlike an insurance company which can go bankrupt, the Pool, as a quasi-governmental entity, shares risks among cities and can carry a deficit.

Mr. Matty commented that this is an open pool, as opposed to a closed pool such as NORMA. Solon, for example, belongs to a closed pool. The ten community members control whether or not a new member is admitted. He requested that Dawson provide the composition of the Board of Trustees and member communities from the standpoint of size, i.e. population and the workforce of the city. He is interested in comparing to see how many members are similar to our City rather than a large city like Mansfield or Canton.

Mr. Gorton noted that Canton is self-insuring as to the $175,000 liability limit and contracts through the Pool for reinsurance only.

Mrs. Bobst asked for information on the operation of the Pool, e.g. how Board members are chosen. Mr. Gorton responded that they are elected by the Board and basically represent cities our size. They are mayors, law directors and finance directors. She then wondered how many cities are on the 3-year plan. Mr. Gorton said only one, since it has just become available. Mrs. Bobst’s next questions was what other years were deficit years. Mr. Lampus was uncertain, but felt that 1998 and 1999 could have been deficit years because of soft pricing. In more recent years, rate increases and updated exposure amounts have increased profitability. Mrs. Bobst wondered about any evaluations of service available.

Mr. Gorton explained that claims are handled by JWF Specialty, a customer service company specializing in handling claims of municipal pools. Smaller claims can be handled by law directors of the cities involved, or a law firm of the city’s choice. Mr. Matty noted that our charter mandates that such claims be handled by the Law Director. He asked about the location of JWF and was told that it is in Indianapolis with a local office here. If there is a claim, the City would notify Indianapolis which will notify the local office. JWF services three or four other municipal pools.

Referring to the Dawson letter of November 18, Mr. Malling asked about point #3 which states the OMJSIP has collected over $51million in premium and paid out an estimated $31 million in losses. He said that would suggest that $20 million was used for operations. He thought that 40% was a high figure for operations. Mr. Gorton said that that figure was taken out of context, and was only an illustration of size. Mr. Lampus pointed out that reinsurance, which is a large expense, would not have been included in the expense figure which was payout of losses only.

Mr. Matty indicated that if Council wishes to consider joining the OMJSIP, statutory provisions by code state that required documents including a disclosure statement, the participation agreement, the proposal documentation and a list of current members be presented and available at a meeting of the political subdivision at least one week before Council’s vote on this issue. Mr. Matty recommended that it be done at a legislative meeting, which allows for citizen input and requested that documents be filed with the clerk one week prior to any public hearing or discussion in order to allow the public to examine the documents prior to the meeting.

Mrs. Bartolozzi thanked the Dawson representatives and asked that any further questions or concerns can be addressed directly to them.

As there was no further comment, the meeting was adjourned at 7:52 p.m.

_______________________________ ______________________________

Linda S. Bartolozzi, Chairman Misao Kurokawa

Contracts Committee Clerk of Council

Please note: This is a draft copy of the minutes of the Contracts Committee held on November 24, 2003. These minutes may be amended or revised at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

NOVEMBER 24, 2003

Regular 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. Malling, Mrs. Bartolozzi,

Mr. Hurtuk, Mrs. Bobst

Absent: Mr. Frost

Administration: Mr. Linden, Ms. Wollenzier, Mr. Lesiecki

Law Director: Mr. Matty

Press: Mr. Dzurick

The meeting was opened with the Pledge of Allegiance.

The minutes of the regular meeting of November 10 were read and approved as submitted.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Potterfield and Mr. Malling, that the reading of the minutes of the meeting of the Committee-of-the-Whole of November 17 be waived, and that the minutes be accepted as submitted.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Potterfield, seconded by Mr. Hurtuk, that the reading of the minutes of the Planning and Zoning Committee of November 10 be waived, and that the minutes be accepted as submitted.

Vote: Potterfield - aye Gollinger - aye Hurtuk - aye Malling - aye

4 ayes 0 nays PASSED

MAYOR’S REPORT: NONE

LAW DIRECTOR’S REPORT:

Mr. Matty has received notice from the Supreme Court that in the case of Beach Cliff Board of Trustees v. John and Sharon Ferchill, it has refused to hear the decision. Unless there is additional litigation, original judgments for the Ferchills on the property law issue and for the Trust on the Ferchills’ damage claim issue will stand.

Two ordinances are in process, amending 1163.04 and 1163.10.

Responding to a question from Mr. Hurtuk concerning political signs, (e) will be added to 1163.04 giving commercial property owners the same right as residential property owners to display a freestanding non-commercial opinion sign.
1163.10 (d) for public facilities has been amended as to what signs are permitted. For public facility districts which have bulletin boards, with the owner’s permission, messages can be placed on the board. If there is no bulletin board, the section is being revised to allow the same freestanding opinion signs based upon the permission of the owner or his representative, e.g. the superintendent of schools or the director of the library.

These ordinances will be referred to the Planning Commission.

Mr. Matty has also met with Mr. Beirne concerning play structures. He has a concern about regulating use on private property, so the revisions will deal with limiting size of any structure to 40 sq. ft.

Finally, Mr. Matty commented on tonight’s agenda. He noted that there are 13 items which can be entertained in a more expeditious manner (ordinances No. 193 through 203 then, 206, 207 and 209). He suggested the amendment of rule 14 on passage to provide for a consent agenda. This would consist of routine items addressed each year. He proposed that each ordinance be read with a short statement by the sponsor, and then proceeding to the reading of the next ordinance until all are read. The vote can then be taken on all at one time. Any Council member has the right to request that an item be removed from the consent agenda for consideration in the normal way. In this way, time is saved and the routine is handled in a more expeditious manner.

Discussion: Mr. Hurtuk asked about the townhouse development request for variances which was withdrawn from the last BZA agenda-- why it was withdrawn and whether revisions had been submitted.

Mr. Matty indicated that the plans had been filed on 10/29 for public viewing in conformance with BZA regulations. However, a second set of plans was submitted by the applicant on 11/4 which was past the deadline for public review and this set contained two or three variances more than the original variance plans. Mr. Matty instructed the board not to hear that request.

COMMITTEE REPORTS:

Contracts Committee met tonight at 7:00 p.m. to consider the city’s property/casualty coverage. The discussion will continue as the issue will be on next week’s agenda. Mrs. Bobst thanked Dawson Insurance for its presentation on the OMJSIP.

COMMUNICATIONS AND ANNOUNCEMENTS:

Council has been notified that Senior Center Director Joyce Umerley, after 30 years of service, has announced her retirement. She will be missed.

This Saturday evening, the tree lighting will be held outside City Hall at 5:00 p.m. At the Civic Center, the Gingerbread House tour, sponsored by the Jr. Women’s Club, will also be held. The houses will be offered for purchase at a later date.

The Festival of Trees, the last Centennial event, will have 23 participants. Mrs. Bobst thanked Ron Gottschalk for preparing the festive flyer listing the tree locations. The Festival will begin Saturday.

Mrs. Bobst also wished Happy Birthday to Councilman Hurtuk, celebrating on Friday, and to Councilman Malling, celebrating on Sunday.

AUDIENCE PARTICIPATION:

Dr. James Schieda, 19950 Beach Cliff, expressed his concerns on Ordinance No. 182-03, which revises rental rates on Elmwood Cabin. He felt that there should be a wide difference between the rates paid by Rocky River residents and those of other cities. Recalling an incident 10 years ago when the high school band wished to use the facility to discover that it had been previously rented by a Lakewood group, he stated his opinion that residents should have priority and pay lower rates. He wondered what constitutes a resident group, and noted that the schools had a three-tiered system.

Mrs. Bobst asked for information on what the schools had done, and noted that the Parks and Recreation Commission had considered the question and that a representative of the Board is on the Commission.

Mr. Matty pointed out that in Dr. Schieda’s example, the City would be bound by a contract to allow a group to use the facility regardless of what requests followed.

ORDINANCE NO. 155-03 BY MAYOR WILLIAM F. KNOBLE

AN EMERGENCY ORDINANCE AMENDING SECTION 153.06 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED AHOLIDAYS@ AND AS FURTHER DESCRIBED IN EXHIBIT AA@

This ordinance will continue on hold pending changes being formulated by the Administration.

AMENDED ORDINANCE NO. 182-03 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE AMENDING CHAPTER 957 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED AELMWOOD PARK CABIN@, AND AS FURTHER DESCRIBED IN EXHIBIT AA@

This ordinance will continue on hold pending further information and discussion.

ORDINANCE NO. 193-03 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY SERVICE TO PURCHASE CATIONIC POLYMER FOR THE YEAR 2004, THE THIRD YEAR OF A THREE (3) YEAR CONTRACT ENDING DECEMBER 31, 2004, FOR THE WASTEWATER TREATMENT PLANT FROM CIBA SPECIALTY CHEMICALS CORPORATION AT A COST OF $1.25 PER POUND FOR A NET COST NOT TO EXCEED $31,500.00 PER YEAR

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Potterfield, that the rule requiring that Ordinance No. 193-03 be read on three separate days be suspended, and that Ordinance No. 193-03 be placed upon its passage:

Discussion: For this ordinance and the ordinances from 193-03 to 201-03, Mr. Gollinger explained that these pertain to the WWTP. All have gone to bid or are part of a multi-year contract, and most are at lower cost than last year. The cost to our City includes fulfilling EPA requirements and is at 28% of the overall operating cost of the WWTP. There is no reason to delay since these are chemicals and services used every year. They should be in place as soon as possible.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Potterfield, that Ordinance No. 193-03 be passed as read:

Discussion: Mr. Gollinger referred to the discussion above and requested passage.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 194-03 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SODIUM HYPOCHLORITE FOR THE YEAR 2004 FOR THE WASTEWATER TREATMENT PLANT FROM UNIVAR, USA AT $0.525 PER GALLON

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Potterfield, that the rule requiring that Ordinance No. 194-03 be read on three separate days be suspended, and that Ordinance No. 194-03 be placed upon its passage:

Discussion: See discussion for Ordinance 193-03.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Potterfield, that Ordinance No. 194-03 be passed as read:

Discussion: See discussion for Ordinance 193-03.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 195-03 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SODIUM BISULFITE FOR THE YEAR 2004 FOR THE WASTEWATER TREATMENT PLANT FROM JCI JONES CHEMICALS, INC. AT $0.749 PER GALLON

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 195-03 be read on three separate days be suspended, and that Ordinance No. 195-03 be placed upon its passage:

Discussion: See discussion for Ordinance 193-03.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Hurtuk, that Ordinance No. 195-03 be passed as read:

Discussion: See discussion for Ordinance 193-03.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 196-03 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FERRIC CHLORIDE FOR THE YEAR 2004 FOR THE WASTEWATER TREATMENT PLANT FROM RESERVE SOLUTIONS, INC. AT $227.50 PER TON

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 196-03 be read on three separate days be suspended, and that Ordinance No. 196-03 be placed upon its passage:

Discussion: See discussion for Ordinance 193-03.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Hurtuk, that Ordinance No. 196-03 be passed as read:

Discussion: See discussion for Ordinance 193-03.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 197-03 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 2004 FROM THE WASTEWATER TREATMENT PLANT FROM WASTE MANAGEMENT AT A COST OF $29.25 PER WET TON

1^ST READING

Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 197-03 be read on three separate days be suspended, and that Ordinance No. 197-03 be placed upon its passage:

Discussion: See discussion for Ordinance 193-03.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Potterfield and Mrs. Bartolozzi, that Ordinance No. 197-03 be passed as read:

Discussion: Mr. Gollinger indicated that this particular part of the process is mandated by the EPA.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 198-03 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 2004 FOR THE WASTEWATER TREATMENT PLANT FROM WASTE MANAGEMENT AT A COST OF $29.25 PER WET TON

1^ST READING

Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 198-03 be read on three separate days be suspended, and that Ordinance No. 198-03 be placed upon its passage:

Discussion: See discussion for Ordinance 193-03.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that Ordinance No. 198-03 be passed as read:

Discussion: This is a backup procedure for Ordinance No. 199-03. If sludge cakes cannot go to Yaworsky Farms, they are removed by Waste Management.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 199-03 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 2004 FROM THE WASTEWATER TREATMENT PLANT FROM YAWORSKY FARMS AT A COST OF $8.98 PER WET TON

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 199-03 be read on three separate days be suspended, and that Ordinance No. 199-03 be placed upon its passage:

Discussion: See discussion for Ordinance 193-03.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Hurtuk, that Ordinance No. 199-03 be passed as read:

Discussion: This is the best buy. We have had a relationship with Yaworsky Farms for a number of years and it has worked well.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 200-03 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE REMOVAL OF LIQUID SLUDGE FOR THE YEAR 2004 FROM THE WASTEWATER TREATMENT PLANT FROM SYNAGRO MIDWEST, INC. AT A COST OF $0.06 PER GAL.

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 200-03 be read on three separate days be suspended, and that Ordinance No. 200-03 be placed upon its passage:

Discussion: See discussion for Ordinance 193-03.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Potterfield, that Ordinance No. 200-03 be passed as read:

Discussion: See discussion for Ordinance 193-03.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 201-03 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 2004, THE THIRD 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

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 201-03 be read on three separate days be suspended, and that Ordinance No. 201-03 be placed upon its passage:

Discussion: See discussion for Ordinance 193-03.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that Ordinance No. 201-03 be passed as read:

Discussion: This contract is in the third year of a five-year contract. Mr. Gollinger thanked Mr. Linden for providing complete information and for his hard work.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 202-03 BY ROBERT S. FROST

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE MEALS FOR THE ROCKY RIVER JAIL FACILITY AT A COST OF $20.25 PER DAY PER PRISONER ($6.75 PER MEAL) FROM MICHAEL=S FAMILY RESTAURANT, ROCKY RIVER, OHIO

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 202-03 be read on three separate days be suspended, and that Ordinance No. 202-03 be placed upon its passage:

Discussion: This contract is ending in December and there is no reason to delay. There was one bid from the same bidder as last year.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Gollinger, Mrs. Bartolozzi and Mr. Hurtuk, that Ordinance No. 202-03 be passed as read:

Discussion: The price is the same as last year with no complaints from jail inmates. We have had the same provider for the last 8-9 years.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 203-03 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FOUR (4) 2004 FORD POLICE CARS UNDER THE STATE COOPERATIVE PURCHASING ACT FROM ASTATEWIDE FORD LINCOLN MERCURY, INC.@ AT A TOTAL COST NOT TO EXCEED $82,035.44

1^ST READING

Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 203-03 be read on three separate days be suspended, and that Ordinance No. 203-03 be placed upon its passage:

Discussion: Each year 2-4 cars are replaced. This should move expeditiously since it takes three months for the cars to be delivered.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mr. Malling, that Ordinance No. 203-03 be passed as read:

Discussion: This has been discussed at the Committee-of-the-Whole. Mr. Linden noted that two items had been added, driver’s side air bags and a protection plate for the gas tank in case of collision. After delivery, they will be retrofitted and inserted gradually into the rotation.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 204-03 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO APPROVE A CREDIT CHANGE ORDER FOR THE GREAT LAKES CONSTRUCTION COMPANY FOR THE REMOVING AND DISPOSING OF STOCKPILED SOIL ON THE GROUNDS OF THE ROCKY RIVER SERVICE CENTER IN AN AMOUNT OF $34,127.50

1^ST READING

Mrs. Bartolozzi indicated that this ordinance will be on first reading pending discussion at the next meeting f the Committee-of-the-Whole.

ORDINANCE NO. 205-03 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING CHAPTER 909 ENTITLED AOBSTRUCTING TREE LAWNS, STREETS AND SIDEWALKS@ OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER BY ADDING SECTION 909.07 ENTITLED ASTANDARD CRITERIA FOR TREE LAWNS@

1^ST READING

Moved by Mr. Potterfield, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 205-03 be read on three separate days be suspended, and that Ordinance No. 205-03 be placed upon its passage:

Discussion: Because of the hazards posed by loose gravel on tree lawns, Mr. Potterfield commented that the sooner this ordinance is in place, the better. Mrs. Bobst reminded Mr. Potterfield that the Beautification Committee has yet to review the ordinance . Mrs. Bartolozzi asked about the posts and large rocks on River Oaks and whether they would be in violation. She also wondered about streets without a sidewalk like Snowflower and Erin Ct.. Mr. Linden explained that the City had installed the posts on River Oaks, but the rocks would be in violation and that cars had gone over them in winter. In the past, enforcement was complaint-driven, but if this passes, it can be enforced. Mr. Linden noted, however, that the biggest issue is the danger posed by gravel and stakes.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Ordinance No. 205-03 be passed as read:

Discussion: Mr. Potterfield said that he would like to hear comments from the Beautification Committee but that the immediate need for safety is important, and that Council should move ahead. The Law Director noted that the Beautification Committee has the authority to provide recommendations as are necessary or appropriate, so that revisions can be entertained after their review.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 206-03 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE ACCEPTING A STANDARD EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF A WATER MAIN FOR CIRCULATION PURPOSES IN THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT AA@

1^ST READING

Moved by Mr. Potterfield, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 206-03 be read on three separate days be suspended, and that Ordinance No. 206-03 be placed upon its passage:

Discussion: This is one step in the process which needs to be passed on a timely basis. This easement is needed for approval by the Cleveland Water Department, and Mr. Lesiecki requested passage this evening.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Ordinance No. 206-03 be passed as read:

Discussion: This is an easement to ourselves and the Water Department.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 207-03 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE FOR THE FORMATION OF A ROCKY RIVER STORM WATER MANAGEMENT COMMITTEE

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Potterfield, that the rule requiring that Ordinance No. 207-03 be read on three separate days be suspended, and that Ordinance No. 207-03 be placed upon its passage:

Discussion: This ordinance relates to the Storm Water Management Project adopted in February of this year. As a part of the program, this committee must be formed, and there is no reason to delay.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Potterfield, that Ordinance No. 207-03 be passed as read:

Discussion: As pointed out by the Law Director, this is a step in the process of the Storm Water Management Program of which we are part. Membership in the committee will be the Mayor, Safety-Service Director, City Engineer and a resident appointed by the Mayor and one by City Council. Mrs. Bobst asked if the PIPE coordinator (Public Information, Public Education) who drives the work of the committee must be a member of the committee or selected by the committee. Mr. Lesiecki said that it could be either, and need not be a member of the committee.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 208-03 BY THOMAS A. MALLING

AN EMERGENCY ORDINANCE TO MAKE APPROPRIATIONS FOR THE FIRST THREE MONTHS OF 2004

1^ST READING

Moved by Mr. Malling, seconded by Mr. Gollinger and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 208-03 be read on three separate days be suspended, and that Ordinance No. 208-03 be placed upon its passage:

Discussion: This temporary budget should be in place before the end of the year, so three readings are not necessary.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Malling, seconded by Mr. Gollinger, that Ordinance No. 208-03 be passed as read:

Discussion: This is approximately ¼ of the budget and will be used until the formal budget is reviewed and passed by Council

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 209-03 BY THOMAS A. MALLING

AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO DURING THE FISCAL YEAR ENDING DECEMBER 31, 2003

1^ST READING

Moved by Mr. Malling, seconded by Mr. Gollinger and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 209-03 be read on three separate days be suspended, and that Ordinance No. 209-03 be placed upon its passage:

Discussion: This is a minor housekeeping change and there is no need for three readings.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Malling, seconded by Mr. Gollinger, that Ordinance No. 209-03 be passed as read:

Discussion: There are small changes in appropriations which need to be formalized now.

Vote: Gollinger - aye Potterfield - aye Malling - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Hurtuk asked if the Finance Director has resolved the question of the executive summary of the monthly financial statement. Ms. Wollenzier said that she has tried several formats, but is not yet satisfied, but that she will continue to work on the problem.

AUDIENCE PARTICIPATION: NONE

The meeting was adjourned at 9:10 p.m.

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