CITY OF ROCKY RIVER

DECEMBER 4, 2006

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

Council Members Present: Mr. Gollinger, Mr. Hunt, Mr. Hurtuk, Mrs. Bartolozzi,

Mr. Long, Mr. Hagan

Absent: Mr. Moran

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

Law Director: Mr. Bemer

Press: Mrs. Mackenzie, Ms. Mitchell

Mr. Hagan opened the meeting by explaining that three resolutions honoring Rocky River High School athletes had been passed in November. Resolution No. 147-06 cited the accomplishments of Brian Gibbons, a cross country runner; Resolution No. 148-06, the girls' cross country team and Resolution No. 149-06, the football team, as well as all the coaches and athletic staff.

The Mayor and Mr. Hagan asked each group to come forward and be recognized as their resolutions were read. Following tumultuous applause for all participants, each Council member and the Law Director expressed his/her individual congratulations, pride, appreciation of the work and dedication represented in these achievements and recognition of the role of coaches and parents in making this success possible.

Additional congratulations were extended to Ted Brink, a state qualifier in golf. Mrs. Bartolozzi commented that she was pleased to see this recognition and hoped that it will become an annual event. She wished, however, for better communication between the schools and community so that no one would be inadvertently omitted.

MAYOR'S REPORT:

A planned power outage affecting 120 residents is scheduled for Wednesday, December 6 from 8:30 to 10:30 a.m. Each household will receive a telephone message advising residents. Streets affected will be Hampton, Lakeview, Laurel, Purnell and Wooster.

The WWTP experienced a near-maximum flow on Friday about 3:00 a.m. The capacity of the plant is 128 million gallons and the peak flow on Friday was 127.5 million gallons. Safety-Service Director Linden reported eight flooded basements, but they were isolated incidents and not part of a large pattern of flooding.

The Mayor has received project ranking results from the District One Public Works Integrating Committee. The City had submitted a $3.4 million WWTP project, and has been notified that it is tenth on the list and tentatively eligible for a grant of $1.5 million, with an additional $1 million in a 20-year interest-free loan; $850,000 will be contributed from the WWTP Capital Fund. She thanked Mr. Harrington, Mr. Linden, Mr. Thomas and Mr. Koran for their hard work on the application which has resulted in this tentative award.

A franchise fee check has been received from Cox Communications. This check, for $36,384, brought the year's total to $139,214, an increase over last year. The Mayor's State of the City speech will be available through January 1 on Cox on Demand. Instructions are available for anyone interested in accessing this program.

Sixty-six residents will be participating in the City's apron snow plowing program.

The Law Director has disseminated a memorandum with information on Smoke Free Ohio enforcement. Further information will be forwarded to members of Council as it becomes available.

Discussion: Mrs. Bartolozzi asked why the planned power outage was necessary. The Mayor responded that CEI will be doing tree trimming along high tension wires. It may be postponed because of inclement weather.

Mr. Gollinger commented on a newspaper article concerning the participation of North Olmsted in the central fire dispatch program. The Mayor noted that she has a meeting scheduled with the director of the program as well as a Council of Governments meeting and she may have more information following those meetings. Mr. Gollinger requested that the matter be discussed in Miscellaneous Business.

UNFINISHED BUSINESS:

Ordinance No. 150-06: This ordinance seeks to regulate portable home storage units. Mr. Gollinger indicated that the ordinance has been revised by the Law Director in accordance with discussion at last week's meeting. As there was no further input from members of Council, he requested that the ordinance be placed on next week's Consent Agenda.

Ordinances No. 151-06, No. 152-06 and No. 153-06: Mr. Hagan turned to Mr. Linden for a discussion of these ordinances which authorize insurance coverages for the City. He explained that meetings had been held with two insurance agents-no interviews had been held with Love Insurance, which is a pool arrangement. He explained the importance of claims made coverage, noting that the City had two cases, one in 2004 and one in 2005 which are still in litigation, and which would not have been covered had it not been for this provision. He further explained how the decisions were made, considering company ratings and provisions of the policies as well as the premium. For example, one premium selected is $2700 higher than the competition, but provides more than $1 million in added umbrella coverage including auto fleet which was very helpful recently when an oversight caused the acquisition of a new vehicle not to be reported to the insurance company. He noted that St. Paul, represented by McGowan Insurance, is an excellent company, having covered the City during the Wolfe case and the fire at Elmwood Cabin.

For the WWTP, Ordinance No. 153-06, Jackson, Dieken has been the successful bidder on this policy for 4-5 years. This policy contains an extra $4 million umbrella with lower deductibles and terrorism coverage.

For the Courts, Ordinance No. 152-06, Jackson, Dieken has been the carrier for some time. Mr. Gareau is happy with the company, and there are lower deductibles and a smaller premium. Mr. Linden has carefully reviewed all policies to be certain that the City is well protected.

• •Mr. Hurtuk commented that the same bidders are seen every year. He wondered if it is time to try other companies, or if the field is so specialized that these companies are the sole choices. The Mayor acknowledged that the scope and type of insurance does dictate to some extent which companies can be considered. However, the Administration is exploring changing the process next year. She has talked with the Law Director and ascertained that proposals with negotiations are acceptable. Mr. Linden has spent weeks evaluating bids this year. Next year, the Mayor hopes to pursue a process with proposals which are open to negotiations. As to providers, cities are often insured by the same companies because they are specialists and know what type of coverage is required.

Mr. Hagan noted that overall, bids are lower for 2007 insurance than for 2006 with better coverage. He will look for further discussion and passage at the next Legislative Meeting.

MISCELLANEOUS BUSINESS:

Central Fire Dispatch: Mr. Gollinger commented that a newspaper article in the Sun Herald reported that the West Shore Council of Governments has offered a free year's membership to North Olmsted in an effort to persuade them to join. He wondered if they have the authority to take this action, since funding is supplied by member city councils, and part of the $177,625 paid by Rocky River would subsidize North Olmsted's participation. He would like to see this problem addressed before an agreement is reached.

• •Mayor Bobst recalled some discussions early in the process, and she is not certain if a final decision has been reached or if North Olmsted is interested in participation. She asserted that Mr. Gollinger has raised a good point, that funds have been authorized by individual city councils as well as the $4 million grant money. She will ask at the next meeting of the COG and in her meeting with the director of Central Dispatch.

Mr. Gollinger said that he would be happy to welcome North Olmsted's participation, but that they also need to share in the expenses of the project and not set a precedent difficult to follow. He will look forward to feedback.

• •The Mayor has received minutes from the last meeting which she was unable to attend because of a conflict with the State of the City address. She promised to review them carefully and relay information pertinent to this discussion.

Council Chamber Improvements: Mayor Bobst referred to her memorandum of 11/27 which outlined tentative plans for renovation of the David J. Cook Council Chambers. Listed on the first page were improvements or replacement of the ceiling, air conditioning system, lighting, speakers, paint, and carpeting.

• •Mrs. Bartolozzi, referring to the item for the air conditioning system, asked if the unit requires repair or replacement. The Mayor said that it did not, that the figure quoted would eliminate the unsightly ductwork and allow the air to come from vents in a dropped ceiling.



• •Mr. Long asked about an upgrade to the audio-visual system to allow for Power Point presentations. The Mayor indicated that a projector and scanner are included in the supplementary proposals. The chamber will be internet ready in case Council or board members require internet assistance. The scanner would allow any document to be projected. Originally, it was thought that making the equipment portable would save costs in allowing use at the Civic Center, but Council members have expressed a preference for a permanently-mounted unit in the Chamber. At this point, she requested an indication from Council as to what equipment it would like so that bids can be taken.



• •Mr. Hunt clarified the carpeting item. All areas currently carpeted will be provided new carpeting.



• •Mr. Hagan asked about the bench, noting that removal would make the area more accessible. The Mayor noted that the high bench would be removed, and the existing desks reconfigured as needed.



• •Mr. Gollinger concurred with Mr. Long about providing audio-visual equipment, but he did not feel that Council members need a monitor. He asked about the possibility of mounting a screen over the lectern and having two projectors, one toward the audience and one toward the desks. This would be helpful to Council, but not used by them as often as by the boards and commissions.



• •Mr. Hagan agreed that being able to show plans for proposed projects could be very helpful by showing details of plans, and may even allay fears and facilitate the work of the boards.

The Mayor commented that a dropped ceiling means that there will be flexibility. The original plan called for a large screen on the back wall. She will check into another screen in front of Council with another projector. The wiring for speakers will be behind the dropped ceiling, and she felt that it would be possible to add technology at a later time.

• •Mr. Hagan asked about relocating Council during renovations. The Mayor said that she would schedule renovations for a time when Civic Center space is available.

The Mayor asked for a consensus to proceed with the improvements on page 1 of the memo. Mr. Hunt wished to confirm that audio-visual equipment can be added at a later date, which will be confirmed. The Mayor added that some work will not be sent for bids because the work will be done by the City.

• •Mr. Hurtuk asked about constructing a new table instead of reusing the desks. The Mayor said that at present, the desks are the most practical way to reconfigure the room for boards and commissions. In the future, needs may change over time, but at present, the room requires rearrangement.

A consensus was reached to authorize the improvements listed on page one of the memorandum.

Quiet Zone Notice of Intent: Council passed Ordinance No. 146-06, directing the Administration to submit a Notice of Intent to establish a Quiet Zone. Kurt Anderson of RCL, the consultant who prepared a preliminary report for the City, says that the City must include in the letter a plan of what measures will be used at each crossing. RCL says that this must be done before formation of the Diagnostic Committee. At this point, the Notice has not been forwarded. Mr. Hagan has attempted to contact the Mayor of Louisville, Ky, which has established Quiet Zones, for information on their experience, but as yet has had no response.

Mayor Bobst noted that she has spoken to Kurt Anderson and reviewed the procedure outlined in the RCL report. Following submission, there is a 60-day comment period. These comments would be on the SSM (Supplemental Safety Measure) chosen. The $2800 fee that is included will not cover many added costs, such as work by Norfolk Southern. She is concerned that the submission will be returned without sufficient information on the SSM's chosen. Without that information, there would be no need for a 60-day comment period. The Mayor commented that to some residents this process is very slow, but one of the causes of delay is that the City is one of the first to embark on this program and there is not yet a program to establish the zone.

Mr. Gollinger suggested contacting Congressman Kucinich's office, feeling that Martin Gelfand of that office may be able to help with specifics. He sees no problem in sending the letter now.

The Mayor pointed out that there is a great difference in the cost of various SSM's, from $345,000 to $1.4 million. She believes they would like to know which SSM's have been selected, and not including them may slow the process.

Mr. Hurtuk asked if funds have been included in the budget. The Mayor said that they have been tentatively included in the 2008 budget, but not for next year. Mr. Hurtuk said that since there is not an intention to move forward in 2007, the letter should have as much specificity as possible.

Mrs. Bartolozzi noted that Council members have not yet agreed on a course of action and more discussion is necessary. She said the intent is present, but Council does not yet know what it wants to spend or where the funds will come from. Since the funds are not allocated until at least 2008, there is not an emergency to send the letter immediately, particularly since the City will not act without funds.

Further discussion ensued with some members urging that the letter be sent and others in favor of maximum specificity. Mr. Bemer commented that Mr. Harris from Norfolk Southern will be in town next Tuesday to address the Quiet Zone. He will see if a meeting can be arranged. This may help to eliminate the inconsistencies between the RCL report and what the process is understood to be. Mr. Hunt pointed out that there are only three potential SSM's to be used at each crossing, since one-way streets or closing of the road will not be considered.

At the close of the discussion, the Administration was directed to send the Letter of Intent at this time.

Rescheduling Legislative Meetings: Mr. Hagan indicated that next week Council will see an ordinance to change the date of the Legislative Meeting from December 25 to December 27. Also included will be a change from January 8 to January 9. This change is necessary because several members will be unable to attend on January 8. It was ascertained that members will be available on January 9.

COMMITTEE REPORTS:

Finance Committee: Mr. Hurtuk indicated that the budget process has begun. He explained to new Council members that the directors know what is in their budgets and this next meeting will be an opportunity to engage them in dialogue about changes from last year. He will ask directors to touch briefly on the highlights and would like Council member who are leading discussion to challenge them and resolve any outstanding questions. He urged members to review their sections and to call him or Director Thomas with any questions or points needing clarification. The process does not have to be completed this month, but it would make sense to do so.

NEW BUSINESS:

Ordinance No. 154-06: Mr. Hurtuk again noted that the process for the budget continues.

Ordinance No. 155-06: This is the salary ordinance for appointed employees. Mr. Hurtuk asked about the compensation for the boards and commissions. He noted that it has been some time since they have been increased.

Mayor Bobst indicated that this salary ordinance represents a 2.75% increase for non-union employees and the remainder follows collective bargaining agreements. Four new positions have been established in the Civic Center, two beginning in January or February and two in the summer. As part of the budget process, the Administration would like to move forward with conducting a compensation survey, not only for equity internally, but also outside the City. Boards and commissions will be reviewed as part of this survey which is included in the HR budget.

Ordinance No. 156-06: Mr. Hunt noted that this ordinance authorizes the purchase of replacement equipment at the WWTP. Mr. Harrington, the superintendent, came forward to explain that the existing polymer feed equipment requires replacement. This machine basically takes dry polymer powder and creates a solution that is used in the dewatering of sludge. The present equipment is 21 years old and made of carbon steel. The proposed replacement is made of stainless steel, and will use one motor less, making it more energy efficient. The equipment will be installed by the staff which will also remove the old unit, saving the cost of a contractor. Three bids were received, but one was rejected because it did not supply all the necessary information.

Mr. Long asked about the expected life span of this machine and Mr. Harrington said they were looking for 30 years from this machine. (Consent Agenda)

Ordinance No. 157-06: This ordinance would delete a section of the Code dealing with prisoner food. Upon the return of Mr. Moran, the ordinance will be discussed further.

As there was no further business by members of Council, the meeting was adjourned at 9:40 p.m.

________________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council

CITY OF ROCKY RIVER

DECEMBER 4, 2006

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

Council Members Present: Mr. Gollinger, Mr. Hunt, Mr. Hurtuk, Mrs. Bartolozzi,

Mr. Long, Mr. Hagan

Absent: Mr. Moran

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

Law Director: Mr. Bemer

Press: Mrs. McKenzie

The meeting was opened with the Pledge of Allegiance.

Council President Hagan explained that the Special Meeting this evening had been convened to discuss Ordinance No. 154-06.

Mr. Hurtuk, Finance Committee Chairman, elaborated, noting that over the past several weeks, meetings have been held on the 2007 budget. The first meeting of the Finance Committee with the directors will be held next Tuesday at 8:30 a.m., and a tentative agenda has been distributed to Council members with information on discussion leaders. The ordinance will be read for the second time next Monday with passage possible this year.

Mr. Hurtuk thanked the Mayor, Director Thomas and the directors for their early work on the budget, noting that it is usually not ready until February. He is looking forward to seeing details over the next several weeks.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 154-06 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE TO MAKE APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2007

1^ST READING

As there was no further business by members of Council, the meeting was adjourned at 8:03 p.m.

__________________________________ _____________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council