CITY OF ROCKY RIVER

DECEMBER 3, 2007

The Committee-of-the-Whole was called to order by Mr. Hagan, President of Council, at 8:00 p.m.

Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mr. Hurtuk,

Mrs. Bartolozzi, Mr. Long, Mr. Hagan

Council Members-Elect: Ms. Arabian, Mr. Mylen, Mr. Shepherd

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

Law Director: Mr. Bemer

Press: Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The orientation schedule for newly-elected members of Council has been set, and the Mayor expressed her appreciation to those members for their willingness to coordinate their schedules so that they can meet with all department heads over the next two weeks and learn more about the operation of the City.

Fairview Hospital has moved into its location at the Don Umerley Civic Center. It is anticipated that by later this week they will see patients there.

Last night there was a power outage, and the WWTP was affected for approximately an hour and 45 minutes beginning at 11:00 p.m. The secondary process was inoperative, but it did not affect any of the overall processing. The Mayor thanked Superintendent Harrington and the entire WWTP staff for addressing those issues when they occurred.

Salt spreaders have been attached, but leaf collection continues at a furious pace. As of today, the Service Department is on schedule.

On Friday, December 7, the tree-lighting ceremony will begin at 5:30 p.m. followed by the All Aglow celebration at the Senior Center. There is a wonderful train display there and Christmas decorations are displayed.

The Mayor expressed a special "thank you" to the Kensington Kids, a group of youngsters who participates in community activities and service. They worked with Director Carole Calladine of the Senior Center, stringing popcorn, cranberries and cereal to be draped outdoors in the Senior Center garden to feed the birds. They will be on display during the All Aglow celebration.

On December 15, there will be a "Skate with Santa" at the ice rink.

Finally, the Mayor was pleased to report that the WWTP Management Committee met last week to review the 2008 WWTP budget, and it forwarded, by motion, a recommendation to Council to approve the budget.

UNFINISHED BUSINESS:

Ordinance No. 95-07: This ordinance, which regulates projecting and temporary business signs, has been referred to the Planning Commission which discussed it at its last meeting. Mr. Gollinger reported that it was approved as presented. He anticipates their approved minutes in December at which time he will schedule a Public Hearing for citizen input before taking a vote.

Amended Ordinance No. 100-07: Mr. Moran noted that this ordinance, which implements a right-of-way policy, was discussed at the last meeting of the Planning Commission. Mr. Bemer, who was present at the meeting, explained that there was a thorough review of the background of this ordinance, including the video competition movement and legislative enactments which culminated in the approval of Ohio Senate Bill 117 on September 24. He also reviewed for the Commission the history of communities who have dealt with providers through contracts or by this means, a right-of-way ordinance. The Planning Commission approved this ordinance. Following approved minutes, Mr. Moran will also schedule a Public Hearing with a vote in 2008.

Ordinance No. 116-07: Mr. Gollinger explained that this ordinance would authorize the rezoning of a parcel adjacent to St. Christopher's Church to Public Facility. The ordinance was read for the first time last week and referred to the Planning Commission for review. The matter was tabled until next month because there was no representation from the applicant at that meeting. Mr. Bemer confirmed that the Planning Commission had legitimate concerns which will be addressed at the next meeting.

Ordinance No. 117-07: Mr. Hurtuk noted that the ordinance which repeals Section 139.02 of the Codified Ordinances has been read twice. He turned to Mr. Bemer who commented that during the process of reviewing the public records disclosure policy pursuant to Senate Bill 9, he attended seminars on the subject where he learned that $.05 is the consensus of a per-page copy charge. Rocky River's current ordinance is $.10 and was written in 1995. It was placed in the Police Division section because at that time, that was the only area with a consistent request for public records. During reviews of case law and the public policy handbook from the Attorney General's office, it became clear that all state agencies charge $.05, an accepted figure for the exact and actual cost of copying. Copying costs include only the cost of materials; there is no charge for any labor, regardless of the voluminous nature of the records. There are also issues with other types of copying such as disks, $.20 plus postage, blueprints, which are sent out and charged at actual cost. Mr. Bemer asserted that the best way to determine costs is to allow the Mayor to formulate a policy consistent with the guidelines at $.05 for copies and actual costs for other duplication.

• •Mr. Gollinger asked about water meter readings from the City of Cleveland, noting that Rocky River pays more than it would for a public record. He wondered if the matter could be reviewed to see if the City is overpaying for this information provided by Cleveland.



• •Mr. Bemer pointed out that Cleveland is also providing billing. He said that the nature of a public record is any document that is kept which define, declare or identify activities, organization, purpose and function of government. The rates charged are public records, and he felt that the bills are public records.



• •Mayor Bobst indicated that the City pays for one reading so that it can generate a sewer bill. Past efforts to determine how Cleveland's bill to the City of Rocky River is formulated have not been successful.



• •Mr. Linden gave additional background material, noting that the City did its own readings at one time, and the current system was the result of negotiations with the Division of Water.



• •The Mayor added that the question was interesting, commenting that if the information exists, it should be available as a public record. The meters have been read for Cleveland's purposes already. Information that does not exist cannot be requested, but if it does, it can be requested. The Administration will investigate further. (Consent Agenda)

Ordinance No. 123-07: This is the appropriations ordinance which Mr. Hurtuk noted has been read once. It will be read again next week.

Ordinance No. 124-07: This ordinance, which establishes the Financial Audit Committee, will be discussed further next week. Mr. Hurtuk commented that it is a companion piece to this year's budget ordinance that will be discussed in greater detail next week. One point he raised was that all appointments were made by the Mayor. The Mayor noted that the ordinance was originally drafted with one Council appointment. Mr. Bemer pointed out, however, that the Charter does not allow for appointments to any boards or commissions except by the Mayor's office. Mr. Hurtuk noted, however, that the chairman of the Finance Committee is an Ex-Officio member.

MISCELLANEOUS BUSINESS: NONE

COMMITTEE REPORTS:

Finance Committee: Mr. Hurtuk mentioned that the formal process of budget review will begin tomorrow at 2:00 p.m. Each department has been allotted 20 minutes with 10 minutes for presentation and the remainder for dialogue on whatever Council members deem appropriate. He noted that directors were asked to recreate their budgets from zero. There is a potential for a second committee meeting on Monday at 7:00 p.m. before next week's Public Hearing and Legislative Meeting. Following next week's meeting, there will be a third reading on December 17 with a decision then if the ordinance will be passed.

NEW BUSINESS:

Ordinance No.126-07: This ordinance will authorize an agreement for partial funding of the Westway Drive resurfacing project, and will give the City 80% of the funding from the County. Mr. Hagan asked that questions during the week be directed to Mr. Linden. Mr. Linden indicated that funds for the project will probably be released in the spring. (Consent Agenda)

Ordinances No. 127-07: Mr. Gollinger explained that this ordinance will modify Chapter 538, "Fair Housing Code". He asked if the Code could instead specify that all persons be treated equally in all respects throughout the City, or if the specific terminology is required.

• •Mr. Bemer indicated that this revision was suggested by the County where the City's grant application is pending. One factor in the consideration of the grant is whether the City's fair housing code is up to date. Their definition is consistent with state and HUD regulations. The language added was done for the purpose of compliance with HUD and the ORC, Chapter 4112. (Consent Agenda)

Ordinance No. 128-07: Mr. Hagan indicated that this ordinance will approve a contract with the Wastewater Employee's Association, as discussed last week with highlights from Mr. Matty and Mr. Bemer. Mr. Hagan feels that this is a fair contract for the City; it is a three-year contract for 2008, 2009 and 2010. There is no reason for delay. (Consent Agenda)

Ordinance No. 129-07: Because Mr. Hurtuk's firm does business with AT&T, he asked Mr. Hagan to be the sponsor of the ordinance in order to avoid any conflict issues.

• •Mr. Bemer explained that this is somewhat of a housekeeping item which is a result of the new Senate Bill 117 which authorizes providers under a State contract which includes AT&T Ohio. An authorized provider under this bill can then provide a letter to a municipality that such service will begin in the near future and the City has a 10-day period in which to notify the provider and the Department of Commerce that the City iis invoking any existing fee. The Mayor has taken that action, and this ordinance is a certification of that action and the adoption of the 3% fee which is consistent with Cox. (Consent Agenda)

Ordinance No. 130-07: This is the first of the health care ordinances. Mr. Hagan asserted that the Human Resources Director, Sue Whitman, has worked hard to finalize the various plans for health care, dental and life insurance coverages. This ordinance is for health and prescription coverage for full-time employees. In the past, the City has offered three plans and employees may choose, subject to a cap of the City's contribution. Details of the plans are attached to the ordinance and would be effective January 1, 2008. He noted that the second plan, which requires some employee contribution, is the one most frequently selected. There has been a cost increase, but no plan design changes. Questions should be directed to Mrs. Whitman. (Consent Agenda)

Ordinance No. 131-07: This will provide dental coverage for full-time employees. Proposed renewal rates are attached to the ordinance and indicate a slight increase. Again, there is no plan change and it will be effective January 1, 2008.

• •The Mayor recalled that the renewal of this contract was originally a 20% increase; the health care was 24%. Although there are still increases due to experience, they are far less than those original figures. (Consent Agenda)

Ordinance No. 132-07: This will provide life insurance for full-time employees. The Mayor observed that this is the second year of a two-year contract. This renewal will have no increase in premium. All full-time employees are covered. (Consent Agenda)

Ordinance No. 133-07: This ordinance will authorize an agreement for lab analysis of wastewater samples for next year. These services are required under the National Pollutant

Discharge Elimination System. Mr. Hunt commented that this should be in place for the beginning of the year. This contract, from Ginosko Laboratories has been recommended by Superintendent Harrington and the laboratory has given reliable service in the past. The cost increase is minimal. (Consent Agenda)

Mr. Hagan raised three issues:

Councilwoman Bartolozzi has been serving as City Council's representative to the Coalition for Asset Development of Community Challenge. The organization meets on a monthly basis for about an hour, and the next meeting will be this Thursday, December 6, at 8:00 a.m. at the library of the Board of Education. Councilwoman Bartolozzi will be unable to attend, and Mr. Hagan asked for a volunteer. Mr. Moran will check his schedule, and he may be able to attend. The Mayor mentioned that they will also be seeking another volunteer for the position on a continuing basis. Mr. Hagan asked that new members of Council consider this opportunity for next year.

The first scheduled meeting for Council, January 7, 2008 also happens to be the national championship title game which begins at 7:30 p.m. Mr. Hagan suggested that Council members may wish to consider an earlier starting time such as 5:30 p.m. An informal poll of present and new Council members-elect determined that the inauguration can be held at 5:00 p.m.

Finally, Mr. Hagan announced that Rocky River's WestLife representative, Ben Saylor, is playing a major role in Dick Feagler's play, Christmas at Aunt Ida's. Mr. Hagan will attend Thursday and the Mayor on Sunday.

As there was no further business by members of Council, the meeting was adjourned at 9:01 p.m.

________________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council