CITY OF ROCKY RIVER

DECEMBER 14, 2009

The Regular Meeting of Council was called to order by Mr. Moran, President of Council, at 8:00 p.m. in the David J. Cook Council Chambers.

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Mylen, Mr. Furry,

Mrs. Arabian Whitman, Mr. Long, Mr. Moran

Councilman-Elect Schieda

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

Law Director: Mr. Bemer

Press: Ms. Toth

The meeting was opened with the Pledge of Allegiance.

Mr. Moran welcomed all in attendance including Tommy Kelly, Jacob Cain and Robert Amsdell and their parents. The students were from Mrs. Wilhelmy's fourth grade class at Kensington School and attended the meeting to learn more about local government.

MOTION:

Moved by Mr. Moran, seconded by Mr. Long, that the reading of the minutes of the Legislative Meeting and Executive Session of November 23 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the meeting of the Committee-of-the-Whole, the Public Hearing for Ordinance No. 58-09 and the Executive Session of December 7 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - abstain Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6ayes 0 nays 1 abstention PASSED

MAYOR'S REPORT:

The Cuyahoga County Board of Elections has notified the City that the cost of the last elections in September and November was estimated to be more than $53,000. The Mayor has asked for details particularly since the number of precincts was reduced from 26 to 16, and many residents vote By absentee ballot.

In a related issue, some complaints were received about voting at Kensington because of traffic and parking congestion and the accessibility of the voting location which is located down some carpeted steps. The Mayor contacted the Board of Elections following the election and the issue was investigated. Two precincts voted at that location and it was decided that one will be transferred to the Presbyterian Church and the other will vote at the United Methodist Church. Therefore, in the upcoming elections, Kensington school will not be used as a polling location. The Mayor has shared this information with Dr. Shoaf, Superintendent of Schools, and he concurred with the relocation.

The West Shore Council of Governments, an organization of mayors of all west shore suburbs including Lakewood, Fairview Park, Westlake, North Olmsted, Bay Village and Rocky River, will meet next year in Rocky River. As meeting locations and leadership are rotated, Mayor Bobst will serve as chairman next year and meetings will be held at the Civic Center. She invited Council members to attend.

The Building Commissioner announced that residential projects will be starting. Hamlets East is preparing to build a couple of new homes on Center Ridge and others are moving toward final approval.

The renewal for medical and dental employee benefits has been finalized. Those ordinances will be presented for consideration at next week's meeting.

D.B. Hartt, the consultant working on the updated Development Code, has provided the Planning Commission and Law Director Bemer with detailed responses to their questions as they move toward the conclusion of their process.

The H1N1 clinic held in Lakewood this weekend was very successful. This clinic was the first to be open to all, including those not on the priority list. There were 2600 immunizations and the City's CERT volunteers once more participated. Some individuals from Rocky River have provided services at four different clinics, giving their time for the last four weekends. The Mayor expressed appreciation for their dedication.

Tomorrow morning there will be a DARE graduation at St. Christopher's at 11:00 a.m. All are welcome.

The Skate with Santa is this weekend.

The Senior Center Open House will be on December 29 from 2:00 until 4:00 p.m. The Mayor encouraged all to visit the Candy Land display set up for the holidays.

Finally, the Mayor requested an Executive Session under Article X, Section 6, Subsection (3) of the Charter of the City of Rocky River for a conference with legal counsel regarding a pending legal matter.

MOTION:

Moved by Mr. Moran, seconded by Mr. Long, that, at the request of the Mayor, an Executive Session be held at the conclusion of the Legislative Meeting for a conference with an attorney concerning a matter which is the subject of pending legal action under Article X, Section 3, subsection (3) of the Charter..

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

LAW DIRECTOR'S REPORT:

Mr. Bemer reported that the Planning Commission's review of the proposed Development Code is nearing its conclusion. The Commission will meet tomorrow evening at 7:00 p.m. Based on past discussions, it appears that this will be the final meeting before the Commission forwards its recommendations.

In reviewing the Codified Ordinances, the Law Director plans to examine use fees for club rooms at the Don Umerley Civic Center. Both use of the club rooms and cost allocation will be reviewed.

COMMITTEE REPORTS:

Finance Committee: Mr. Moran indicated that his committee has met twice to discuss the proposed 2010 budget. On Friday, the committee interviewed Director Thomas, Chief Wagner, Chief Flynn, Director Calladine, Superintendent Harrington, Judge Fitzsimmons, Judge Hagan, Magistrate Serrat, Clerk Comery and Consultant Bracken. This evening the process concluded with Director Patterson, Director Linden and Commissioner Winterich. Many changes and plans for next year were reviewed including taxes and expenditures. Mr. Moran noted that the plan is to read the budget ordinance for the third time on December 28 and move toward consideration of passage.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran announced that a reception will be held to honor Dr. James Schieda as he retires from the Rocky River Board of Education on Thursday, December 17 from 4:00 to 5:30 at Goldwood School. Mr. Moran congratulated Dr. Schieda on his 16 years of service and welcomed him as a new member of City Council.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 48-09 BY THOMAS T. LONG

AN EMERGENCY ORDINANCE TO AMEND, REORGANIZE OR DELETE VARIOUS TITLES AND CHAPTERS WITHIN PART ELEVEN OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING LAND USE PLANNING AND ZONING AND FURTHER KNOWN AS THE DEVELOPMENT CODE, AND DELETE PART THIRTEEN, BUILDING CODE SECTION 1331.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER

Mr. Long indicated that, as reported by the Law Director, the Planning Commission will complete its review at tomorrow evening's meeting. Council will await its information and recommendations.

ORDINANCE NO. 58-09 BY THOMAS T. LONG

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 303-23-037 FROM ITS PRESENT CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL (R-1, F-1) TO GENERAL BUSINESS (GB), IN ITS ENTIRETY, AS FURTHER DESCRIBED IN EXHIBIT "A"

3^RD READING

MOTION:

Moved by Mr. Long, seconded by Mr. Furry, that Ordinance No. 58-09 be amended, changing the proposed classification from General Business (GB) to Office (O - 1)

Discussion: Mr. Long indicated that, based on information received during the Public Hearing held on December 7, he proposed that the General Business (GB) classification be removed and replaced by a classification of Office (O-1).

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 58-09 BY THOMAS T. LONG

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 303-23-037 FROM ITS PRESENT CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL (R-1, F-1) TO OFFICE O-1 35'(O-1), IN ITS ENTIRETY, AS FURTHER DESCRIBED IN EXHIBIT "A"

Moved by Mr. Long, seconded by Mr. Shepherd, that Amended Ordinance No. 58-09 be passed as read:

Discussion: Mr. Long noted that this amended ordinance will allow an office structure for this property which is no more than 1½ stories in height.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 85-09 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE TO MAKE APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2010

Mr. Moran commented that this ordinance has been discussed at length, and further discussions can be held December 28 before moving toward passage.

ORDINANCE NO. 95-09 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AMENDING ORDINANCE 140-08 BY CREATING A POSITION AND COMPENSATION FOR A TEMPORARY FIREFIGHTER, DELETING THE CAPTAINS POSITION IN THE POLICE DIVISION, AND DELETING THE EXAM COMPENSATION FOR THE SECRETARY OF THE CIVIL SERVICE COMMISSION, AND AUTHORIZING MARINE PATROL OVERTIME COMPENSATION CALCULATION

1^ST READING

Mr. Moran explained that this ordinance had a brief discussion at the earlier committee meetings and following its first reading this evening will have further discussion before moving for passage on December 28.

ORDINANCE NO 96-09 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE CREATING POSITIONS AND FIXING THE 2010 ANNUAL SALARIES AND HOURLY RATES FOR THE APPOINTED EMPLOYEES IN THE DIVISIONS AND DEPARTMENTS OF THE CITY OF ROCKY RIVER

1^ST READING

This is a companion to Ordinance No. 95-09 and will follow a similar timetable as it moves toward passage.

ORDINANCE NO. 98-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH FABRIZI TRUCKING & PAVING CO., INC. FOR THE EMERGENCY REPAIR OF STORM AND SANITARY SEWERS WITHIN THE CITY OF ROCKY RIVER FOR A PERIOD OF ONE (1) YEAR NOT TO EXCEED $100,000.00

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Long, that the rule requiring that Ordinance No. 98-09 be read on three separate days be suspended, and that Ordinance No. 98-09 be placed upon its passage:

Discussion: Mr. Hunt observed that as the year is ending, the City would like to have this contract in order for next year with Fabrizi Trucking & Paving which has had this contract in the past. Mr. Hunt said there is no reason to delay passage.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Ordinance No. 98-09 be passed as read:

Discussion: Again, this would authorize a contract for emergency repairs with Fabrizi, the only bidder. This has been used, but not the entire appropriated amount.

Mr. Mylen asked why there is only one bidder. Mr. Linden responded that this company is the only one interested because there is no guarantee of work since some years no repairs have been necessary.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 99-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE DECLARING THE NECESSITY AND INTENTION OF THE CITY OF ROCKY RIVER TO ACQUIRE CERTAIN RIGHT OF WAY EASEMENTS ON LAKE ROAD PROPERTIES REGARDING THE PUBLIC IMPROVEMENTS FOR LAKE ROAD AS REQUIRED BY THE OHIO DEPARTMENT OF TRANSPORTATION AND AS FURTHER DESCRIBED IN EXHIBIT "A" AT A COST NOT TO EXCEED $50,000

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 99-09 be read on three separate days be suspended, and that Ordinance No. 99-09 be placed upon its passage:

Discussion: Mr. Hunt explained that the City is actively engaged in preparations for the completion of Phase II of Lake Road as soon as weather allows in the spring. This ordinance is a part of that, assuring that access is available as necessary. There is no reason to further delay these acquisitions.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Shepherd, that Ordinance No. 99-09 be passed as read:

Discussion: The properties listed under Section 1 will be assigned a market value for acquisition of a temporary easement mandated by ODOT which controls the Lake Road project. The amount is the maximum which can be spent.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

RESOLUTION NO. 100-09 BY THOMAS J. HUNT

A RESOLUTION DECLARING THE NECESSITY AND INTENTION OF THE CITY OF ROCKY RIVER TO APPROPRIATE CERTAIN FEE SIMPLE INTERESTS IN LAND LOCATED AT 19765 LAKE ROAD AND AT BEACHCLIFF ROW ON LAKE ROAD AND TEMPORARY EASEMENTS NOT TO EXCEED TWO (2) YEARS IN LAND LOCATED AT ASTOR PLACE ON LAKE ROAD, 19985 LAKE ROAD, AND 19933 LAKE ROAD, AT BEACHCLIFF ROW ON LAKE ROAD FOR THE PUBLIC PURPOSE OF ROAD CONSTRUCTION AND SEWER REPLACEMENT, AND DIRECTING THE MAYOR TO SERVE NOTICE OF THE ADOPTION HEREOF UPON THE AFFECTED PROPERTY OWNERS; AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Resolution No. 100-09 be read on three separate days be suspended, and that Resolution No. 100-09 be placed upon its passage:

Discussion: Mr. Hunt explained that for reasons stated in discussion of Ordinance No. 99-09, the City wishes to be certain that appropriate steps are taken for completion of Phase II of the Lake Road Project. There is no reason to delay so that rights-of-way can be obtained for the next phase of the project.

Mr. Furry asked about the permanent right-of-way and standard highway easements. Mayor Bobst explained that details regarding the temporary and permanent easements can be found in the preceding ordinance which describes the sections which are all very small. At the southeast corner of Lake and Linda, for example, the permanent easement is the curve of the curb.

• Mr. Bemer added that it was his understanding that actual land necessary to be taken with the road project and replacement of sewers occurred with three properties. This resolution identifies properties that have not yet resolved their issues concerning both temporary easements and/or two permanent takes which involve KJ Der and the Opal property, both at intersections. The other properties involved are temporary easements. The two-year period is a very conservative estimate. It is expected to be completed within one year, but the longer period was suggested in case the project is not finished within one construction season. For these property owners who have not completed the agreement process, this resolution authorizes notification that the next step is litigation.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Resolution No. 100-09 be passed as read:

Discussion: See discussion above.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Mr. Moran explained how ordinances are placed on the Consent Agenda and the procedures for passage of the legislation.

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO. 86-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO EXERCISE A CONTRACT OPTION TO RENEW VARIOUS INSURANCE COVERAGES FOR THE CITY OF ROCKY RIVER WITH McGOWAN AND COMPANY, INC. FOR THE YEAR 2010 AT A TOTAL COST OF $151,557.00

1^ST READING

Mr. Hunt noted that this ordinance was discussed last week and explained that this is the final year of the contract to provide the City's insurance with the same coverages and rates as last year.

ORDINANCE NO. 87-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO EXERCISE A CONTRACT OPTION TO RENEW VARIOUS INSURANCE COVERAGES FOR THE ROCKY RIVER WASTEWATER TREATMENT PLANT WITH McGOWAN AND COMPANY, INC. FOR THE YEAR 2010 AT A TOTAL COST OF $49,972.00

1^ST READING

Mr. Hunt noted that this is the same as the preceding ordinance which will provide insurance for the Wastewater Treatment Plant. Coverages and rates are unchanged.

ORDINANCE NO. 88-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO EXERCISE A CONTRACT OPTION TO RENEW VARIOUS INSURANCE COVERAGES FOR THE ROCKY RIVER MUNICIPAL COURT WITH JACKSON DIEKEN & ASSOCIATES FOR THE YEAR 2010 AT A TOTAL COST OF $9,468.00

1^ST READING

Mr. Hunt explained that this is the last of the insurance ordinances, and that this provides coverages for the Municipal Court. Again, coverages and rates are unchanged

ORDINANCE NO. 89-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE SAFETY SERVICE DIRECTOR TO SELL USED CITY VEHICLES WHICH WERE PUBLICLY BID FOR A TOTAL SUM OF $13,866.51

1^ST READING

As discussed last week, the vehicles listed in this ordinance are no longer needed by the City, and the cost of new equipment and maintenance can be offset with the funds gained from the bids for purchase totaling $13,866.51.

ORDINANCE NO. 90-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH LIFE FORCE MANAGEMENT, INC. FOR SERVICE AND SUPPORT REGARDING CHARGES FOR MEDICAL SERVICES PROVIDED BY THE ROCKY RIVER FIRE DIVISION AND FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

This company has provided services for billing of ambulance services which contributes to the revenues of the City. The schedule of service billings remains the same as last year, and last week the effect of billing on the City's residents was discussed.

ORDINANCE NO. 91-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH URS CORPORATION - OHIO FOR TECHNICAL SERVICES AS FURTHER DESCRIBED IN EXHIBIT "A" AT A COST NOT TO EXCEED $30,776.00

1^ST READING

Mr. Hunt explained that, as discussed last week, URS will be engaged to help in the City's mission to improve sewer capacity. This work has been mandated by the US EPA.

ORDINANCE NO. 92-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH URS CORPORATION - OHIO FOR SERVICES REGARDING SEWER FLOW REPORTING AND EQUIPMENT LEASING AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A" AT A COST NOT TO EXCEED $27,000.00

1^ST READING

This companion to Ordinance No. 91-09 deals with equipment leasing and will help in monitoring and reporting sewer flow. Again, it has been mandated by the EPA.

ORDINANCE NO. 93-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR ENTER INTO AN AGREEMENT WITH URS CORPORATION - OHIO FOR SEWER SYSTEM MAINLINE DYE TESTING SERVICES AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A" AT A COST NOT TO EXCEED $44,420.00

1^ST READING

Mr. Hunt indicated that this ordinance will authorize the City to engage URS for dye-testing services, and as with the two ordinance which preceded this one, because these are specialized services, no bids were necessary.

RESOLUTION NO. 94-09 BY JAMES W. MORAN

AN EMERGENCY RESOLUTION REQUESTING THE CUYAHOGA COUNTY AUDITOR TO ADVANCE TAXES FROM THE PROCEEDS OF ALL TAX LEVIES FOR THE YEAR 2010 PURSUANT TO THE OHIO REVISED CODE

1^ST READING

Mr. Moran explained that funds collected on the City's behalf will be received in about 182 days, but if requested, they will send the funds immediately. He recommended passage of this resolution which has been done every year for the last ten years.

RESOLUTION NO. 97-09 BY JAMES W. MORAN

AN EMERGENCY RESOLUTION REQUESTING THE CUYAHOGA COUNTY AUDITOR TO ADVANCE TAXES FROM THE PROCEEDS OF SPECIAL ASSESSMENTS FOR THE YEAR 2010 PURSUANT TO THE OHIO REVISED CODE

1^ST READING

This is a companion to the preceding ordinance and requests the proceeds of special assessments also be advanced to the City without delay.

Moved by Mr. Moran, seconded by Mr. Furry, that the rule requiring that Ordinances 86-09, 87-09, 88-09, 89-09, 90-09, 91-09, 92-09, 93-09 and Resolutions 94-09 and 97-09 of the Consent Agenda be read on three separate days be suspended, and that said ordinances and resolutions be placed upon their passage:

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Hunt, Mr. Shepherd and Mr. Furry, that the ordinances and resolutions of the Consent Agenda be passed as read:

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION: NONE

As there was no further business by members, Mr. Moran announced that Council would move into Executive Session.

No further business was discussed, and the meeting was adjourned following the Executive Session at the meeting was adjourned at 9:08 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council

CITY OF ROCKY RIVER

DECEMBER 14, 2008

Finance Committee

The meeting of the Finance Committee was called to order by the Chairman, Mr. Moran at 6:30 p.m. in the David J. Cook Council Chambers.

Finance Committee Members Present: Mr. Moran, Mr. Furry, Mr. Long, Mr. Mylen

Council members present: Mr. Hunt, Mr. Shepherd, Mrs. Arabian Whitman,

Councilman-Elect Schieda

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

Press: Ms. Toth

Mr. Moran opened the meeting by noting that the first meeting of the Finance Committee to consider the 2010 Budget was held last week.

He then turned to Mrs. Arabian Whitman for a discussion of the Parks and Recreation portion of the proposed budget. The Councilwoman, following the suggested outline, noted that there are 16 full-time,100 part-time and 250 seasonal employees.

Planned expenditures for 2010 are just over $3.4 million. In planned revenues above and beyond last year's income sources, the Silver Sneakers program which allows seniors to use their health insurance coverage of fitness equipment use, is anticipate to generate $70,000. Automatic withdrawal of membership fees will be instituted at the first of the year and will create a processing fee. Non-resident memberships will also add revenue.

The most anticipated major project will be Martin Park Preschool equipment. The Recreation Department will look to the Parks and Recreation Foundation and hopes it can supply some or all of the funding.

Equipment purchases will include replacement of 20-year-old carpeting and furniture for the rink office, budgeted at $5000. An indoor pool scrubber is needed as well as upgraded video surveillance cameras for the Don Umerley Civic Center ($10,000). Two new computer stations, mowers and backpack blowers will also be purchased.

In areas of cost savings, Mrs. Arabian Whitman observed that:

• •In 2009, the overtime budget was $12,000; through October 31 of this year, only $3933.53 was spent.
• •The 2009 part-time budget was $325,000; through October 31, $259.911.83 has been spent. This represents a significant saving, and Councilwoman Whitman said that Mr. Patterson did an excellent job.
• •Because natural gas prices have fallen, the City will save ($11.50/mcf last year, $7.50 through March 2010).
• •Part-time and seasonal work decreased by 11,000 hours.
• •There will be no ice show, although that will also reduce revenues.

The following comments were made about the 2009 budget:

• •The outdoor pool revenue was down because the weather was uncooperative. Lower attendance also affected concession sales.
• •The ice show accounted for increased rink revenue last year.
• •The entry for miscellaneous income of $284,045.58 was a refund for an electric overcharge.
• •There has been an increase in revenue from the Fairview Hospital lease. Their contract is for $20,000 plus $4/visit. Lease terms may be revised to compensate for fewer visits.
• •Non-local travel funds were not used in 2009. However, because the Ohio Parks Conference will be held in Akron in 2010, lodging would not be necessary, so delegates may attend.

Director Mike Patterson came forward with additional information. He noted that over the past year, and especially given the economy, he was pleased that revenues remained essentially steady, and the Department will be close to achieving revenue projections. Expenditures are expected to be about $3.2 million which is less than budgeted. The past year, 2009, was the first full year of a stable operation of the Don Umerley Civic Center. Hours were decreased because the outdoor pool was opened later and closed a bit earlier; the ice rink opening was delayed a week. By this type of measure, hours were reduced, and it did not have an impact that would be noticed by the public. This also saved on utilities.

Mr. Furry asked about the natural gas savings, wondering if the $7.50 rate was all-inclusive or if delivery charges are added. Mr. Thomas responded that it was for the gas supply only and not for distribution, but that it will be a savings because the former $11.50 was the same.

Mr. Furry then asked Director Patterson if he thought the Department would reach its revenue projection. Mr. Patterson responded that with the addition of Silver sneakers and non-resident memberships, he felt it was attainable.

Asked about complaints with the different pool closing times, Mr. Patterson said that there were few complaints. He noted that, typically, in Cuyahoga County, pool openings and closings are timed to coincide with the school year. Adding the sprayground was another good option, and the Mayor added that the indoor pool is also helpful. If the outdoor pool is closed, the City can honor pool passes at the indoor pool.

Mr. Moran asked about avenues to increased revenues. Director Patterson thought that increased programming often attracts new users and marketing these programs is another tool which is not budgeted by the City, but is used by the competition. The City publishes a brochure three times a year and markets only to residents. He indicated that the ice rink's hockey program, for example, is 50% non-resident.

• •Mrs. Arabian Whitman pointed out that the addition of automatic withdrawal will make the program more competitive with private fitness facilities. Monthly payments instead of a lump-sum payment may be much more popular.



• •Mayor Bobst noted that renewals are coming through now with the publication of the program brochure. The renewal rate is now between 75% and 80%. The total number, with new and renewal is about 5000.



• •Mr. Patterson said he was pleased that budgets were met with operations basically as in years past without having to pass along costs to community organizations.



• •The Mayor pointed out that all the steps to reduce costs which she outlined in her Executive Summary, such as an overtime reduction plan, reducing part-time hours, negotiating with utilities, travel, have all been implemented in this budget. Because numbers are significant, it can be seen in this budget, but it is typical of efforts across the board. She reiterated the goal that residents would not see the cuts made and that the same level of services would be provided.

• •Mr. Moran asked about rink revenues. Mr. Patterson said that after December, which is a busy month at the rink, he believes that the projection will be reached. Projected revenues for next year are lower because there will be no ice show.



• •Mr. Mylen asked about the ice rink and whether it makes or loses money. Mr. Patterson said that it is subsidized, about $125,000. He said the Civic Center will eventually break even; programs are not subsidized at all. He noted that the parks are also in their budget and do not generate much revenue.

Mr. Thomas commented that today he received the property tax projection from the county budget analyst. It is marginally higher for each of the levies than the figures that appear in budget books, but they will not be updated. It will be reflected in the monthly reports and financial summaries. The collection percentage was left at 97.32%; this year was projected at 97.05%, but the actual collections were 99.5%. The more conservative figures will be used.

The Service Division was represented by Commissioner David Winterich. Moderator Councilman Hunt stated that the Mayor's charge that residents not be aware of cutbacks or economies was a challenge to the Service Division. He said that the services provided such as rubbish and leaf collection touch every resident every day.

Mr. Hunt noted that there are no expenditures out of the ordinary for next year, and the focus is on maintenance of existing equipment rather than replacement. Commissioner Winterich indicated that the division is functioning well even without extra equipment. Mr. Moran noted that the washers and stainless steel salt spreaders have reduced maintenance time. Mr. Winterich agreed, saying that the steel boxes need to be sandblasted, primed, painted and stored. Stainless steel, though more expensive, can be rinsed, oiled and stored. Painting, except in emergencies, is problematical because the painter is replacing a mechanic who left. He praised his staff who will work at any job that needs to be done and make certain that residents' needs are met.

• •Mr. Linden commented that this is not a desperate situation, and that the equipment is still good. Repairs are occasionally needed, but Rocky River is in better shape than many other cities.

In budget increases, Mr. Hunt noted that increases were made for wages with a 2.5% increase granted according to union contracts. Three new scooters will be purchased to keep the fleet strong for daily use. Other truck purchases will be delayed until later in the year when the financial picture is clearer. These include refuse packers for brush, dump trucks for snow plows and a tractor.

Mr. Hunt asked Mr. Winterich about the utilization of his workforce.

• •Mr. Winterich said that he was very satisfied with workers from Kelly Services. The same hard-working individuals have been hired for the past two years and have helped during leaf season.
• •There are five part-time CDL drivers and he will be looking for one more.
• •There are five-man crews instead of four which he hopes will decrease overtime demands, and he feels they will be able to handle 1.5 to 2" snows.
• •Three part-time college students were hired this summer, and they did very well. Mr. Winterich noted that in past years as many as 25 had been hired.
• •The commissioner noted that he has lost individuals who were not replaced and whose jobs are being done by part-time workers. The loss of three employees has cut all the departments: a welder was moved to the garage from the sewer department; a street department employee went to Sign and Signal because of the retirement of Carl Beno and the lead man was lost in the mechanical department. Another individual may go out on disability in January, but other workers are stepping up to see that the work is done.

Mr. Hunt addressed the appropriations for different areas in the Service Division reviewing those for parts, equipment repair, refuse and recycling, sanitary sewers and streets, noting significant reductions.

Mr. Furry asked about the purchase of scooters, confirming that three will be purchased. He also asked about potential retirements, but Mr. Winterich said that although there are employees with 30 years, there has been no talk of retirement. His final question was about the potential salt barn. Mr. Winterich said that the tarp required to cover the salt costs $2000, requires 14-15 people to move it, and covers only one pile. The EPA also has issues with the storage of salt.

• •Mr. Linden explained that with three new scooters this year, the fleet will be at 12: 4 - 2008; 5 - 2009, and 3 - 2010. Up to eight are used in a day. Mr. Furry confirmed that they in service for about three years in daily use.



• •Mr. Moran asked about the refuse equipment which is shown in the budget as being on 1/4 year lease. Mr. Linden said that purchases will be made if funds are available, but the City will not lease these vehicles. The Mayor added that they are all on the replacement schedule and will be purchased when possible. All of these expenditures will come through Council. Although buying less equipment is practical for the present, it cannot be done for too many more years.



• •Mr. Moran expressed appreciation to the division for keeping a tight rein on the budget while still providing services for residents.



• •Mr. Linden commented that employees are giving their best efforts because of the Mayor. He said she treats everyone in the City very fairly without favoritism, and everyone is treated like a family member. Employees respond with their best efforts. The Mayor thanked all employees for increasing their workloads to make the City function as it always has with fewer part-time or overtime hours. She said employees have had the best ideas of how to do a job better and smarter.

Safety-Service Director Linden was next on the agenda to discuss Capital Projects and Equipment Purchases. Mr. Hunt explained that in his conference, Mr. Linden indicated that he had some equipment purchases projected for this year: three refuse scooters, police cars from POPAS funds and a senior van from the Senior Donations account. These will be purchased, and all others listed will be purchased as funds become available.

Mr. Linden reviewed the purchases which will be made and added that the City is also looking at a smaller tractor to replace the 1986 models used for dragging the ballfields for the Recreation Department. Also being reviewed are a 29-yard packer for refuse pickup which is capable of carrying a 14-ton load to the landfill; a one-ton dump truck; 2- 2½ ton dump trucks, 2 Ford Focus autos for the Building Department, and a 75-yard trailer. The director said that this is his wish list and would be nice, but departments will make do if they cannot have this equipment.

The final capital improvement addressed by Mr. Linden was the construction of a salt barn in a location at the far west point of the service area where salt is currently stored. Because it must be covered, a building at the far west end of the property would accommodate 1600 tons of salt. Tomorrow, Mr. Linden and City Engineer Mackay will begin work on plans. The City uses 3500 to 5500 tons of salt every year. He showed a sketch of the proposed project which has four bays which will each hold 400 tons of salt and is covered. It has the side benefit of saving the salt without its becoming hard and difficult to use. The ground will be evaluated and a decision made as to whether to install a footer or use solid concrete blocks. Soil testing will also be done. An added benefit is the saving of any leftover salt for the next season.

• •Mr. Furry said that the sketch did not appear to call for $250,000 in construction costs. Mr. Linden said that might be, but remediating soil problems may add to the costs. If the cost is lower, the funds will not be spent.



• •Mr. Hunt asked about height needed for trucks to deliver and pick up. Mr. Linden said he thought 27'-30' would be right in the front and 18' to 20' in the back.



• •Mr. Moran said this sketch is different from the traditional cone-shaped salt barn. Mr. Linden said a dome is not practical for the City because salt must be blown in and that would incur an extra charge in delivery. The City needs a design which allows trucks to push salt in. He explained that he would like to take action this year because a tarp, which will be required, is very heavy and because it allows for no air circulation, traps moisture under it. This all takes a lot of man hours.

Mr. Hunt then reviewed other capital projects: annual programs including emergency sewer repair, crack sealing, dye testing and sewer televising, street repaving and the sidewalk replacement program.

• •Mr. Linden explained that $168,500 entry under street repaving is the engineering for Avalon Drive.



• •Mayor Bobst commented that the City is awaiting the Community Development Block Grant notification before undertaking the Detroit Road Streetscaping. This is also part of the $11.2 million Detroit Road Reconstruction and Revitalization Project. If grants are awarded, the City will probably spend $150,000 to $175,000 to complete the first phase of the project which is the bulk of the construction.



• •The second phase of Lake Road will be opened next year.



• •The second phase of the Valley View project is also in the budget. Phase I was the water line replacement; Phase II is replacement of all storm and sanitary sewers on Edgewood, Valley View, Winfield, part of E. Shoreland, part of High Parkway and about 1/5 down the hill. Phase III will be from that point down in the Metroparks to the pump station in Lakewood and will occur in 2011. That would complete the project.



• •The Hampton Road Sewer Project will be a total replacement of storm and sanitary sewers from south of Purnell down Hampton to the railroad tracks. A heavy volume of water flows through there that overflows into the WWTP. Mr. Linden said this is a very important project.



• •The Mayor added comments about the Frazier/Beachcliff Sewer Engineering project. If funding is not received for this project, the $425,600 will not be spent. This was placed in the budget, however, in anticipation that DOPWIC funding will be received.

The Mayor also discussed the Quiet Zone and its absence from the budget this year. She said that with the current number of trains on the track considered with the firm figure from the railroad for its part of the project. Last year it was $680,000, and has probably risen although requests for a current figure have not been answered. She said that if Council members hear from residents, she will be happy to discuss it with them. The Administration does not consider this a priority. The Mayor noted that when the last complaints of heavier train traffic were received, she confirmed with the railroad that it was moving cars off the siding. No outside funding is available because of the low number of trains which pass through the City.

• •Councilman Hunt asked if the Administration would request a current cost from the railroad so that residents can be advised of the costs involved



• •Councilman-elect Schieda suggested that if the City has decided not to proceed with the pursuit of the Quiet Zone, it may be a good idea to write to those in the area so that they know why.



• •Mr. Mylen asked when whistle-blowing became mandatory. The Mayor said that was implemented in 2005.



• •It was established that if the economy improves or train traffic increases, the issue will be reviewed. At present, however, there are different priorities.

Mr. Hunt reminded Council members that Director Linden has distributed a Vehicle and Equipment Schedule for the next five years.

Mr. Moran thanked all Council members for the time they spent reviewing budgets with directors and he noted the strong efforts this year, more than any other, to reduce costs and finding ways to deliver the most services within the budget. He thanked the Administration for its work in creating the budget. Further reviews will take place as legislation comes to Council during the year.

There was no further discussion from members of Council, and the meeting was adjourned at 7:58 p.m.

_______________________________ _______________________________

James W. Moran, Chairman Misao Kurokawa

Finance Committee Clerk of Council