CITY OF ROCKY RIVER

DECEMBER 22, 2008

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

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

Law Director: Mr. Bemer

Press: Ms. Kosco

The meeting was opened with the Pledge of Allegiance.

Moved by Mr. Moran, seconded by Mrs. Arabian Whitman, that the reading of the minutes of the Legislative Meeting, the Public Hearing and Executive Session of December 8 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. Long, that the minutes of the meeting of the Finance Committee of December 8 be waived, and that the minutes be accepted as submitted.

Vote: Moran - aye Furry - abstain Long - aye Mylen - aye

3 ayes 0 nays 1 abstention PASSED

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the Special Meeting, the meeting of the Committee-of-the-Whole, and Executive Session of December 15 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

Mr. David Matty, special counsel for negotiations, came forward to address Council on the negotiations which resulted in last week's passage of the four collective bargaining agreements

(two with police, one with fire and one with service). He said he wished to explain for Council members' information three items: the City Administration team, the process and the product.

The administrative team was a joint effort of all members who were led by the Mayor.

• Mr. Matty commented that the tone of these negotiations was totally different from any with which he has been involved in the last 24 years, which he attributed to the Mayor's open door policy, her insistence on a proper process and the reception given her by the unions.
• Next was Finance Director Thomas who not only gave the team its financial parameters, numbers, projections, but also interjected some helpful theory, explaining to the unions what happens when raises are given.
• Mr. Linden, the Safety-Service Director, brought common sense to the table.
• The main research aide was the Human Resources Director Whitman. She provided all comparables needed and all items when needed.
• Both chiefs, fire and police, provided administrative needs and goals.
• Law Director Bemer and Mr. Matty handled legal issues in the process.

The team started working in August, working through September and October, gathering information, setting goals and objectives. In November, meetings were begun with the four unions. Mr. Matty asserted that the team accomplished a feat never before done in his time: inside a five-week process, it negotiated four contracts without the interjection of a factfinder or a conciliator.

The process was simple, and as expected, respectful, dignified and straightforward. There were direct and meaningful discussions, all done under the Mayor's direction. Council's cooperation and immediacy in responding to Mr. Matty's requests for direction kept negotiations going forward without stalemates. No days were lost because of inaction by this Council.

The product was shown in last week's four three-year contracts, all voluntarily agreed to by both sides. The team stayed within the parameters of Director Thomas, and Mr. Matty was pleased to say that, while no one can predict the future exactly, projections show no layoffs, no cutbacks or shortfalls.

Mr. Matty concluded by thanking Council and the Mayor for this assignment. He thanked the Administration team for its hard work and long hours, all put in within a very short period of time. He also thanked the unions, noting that because the Mayor's tone has traveled through City Hall, the unions respected the effort both at the start and at the finish.

MAYOR'S REPORT:

Commenting upon Mr. Matty's remarks, Mayor Bobst added praise for the contribution of Law Director Bemer who has worked with the unions on a daily basis. She also thanked Mr. Matty for his responsiveness, noting that he made himself constantly available for discussion. She stated that this outcome could not have occurred if Council had not been reviewing the budget at the time they did. When the budget helps drive negotiations, there is a better result than the opposite, when the negotiations drive the budget. She thanked Council members for all their work over the past few weeks.

The Gathering Place, which supports, educates and empowers individuals and families touched by cancer, has been chosen by the Senior Center to receive a $1000 contribution resulting from a program hosted by the Center. The donor was Skylight Financial, and the Mayor expressed pleasure that the funds were extended to such a worthwhile cause.

The Senior Center is hosting an open house on December 30 from 2 p.m. until 4 p.m., and everyone is invited. The Mayor encouraged all to visit and admire the beautiful Christmas decorations.

The Parks and Recreation Department has received a $2000 youth football grant from the National Parks and Recreation Association and USA Football. Among possible uses for the funds are for equipment, field maintenance, uniforms, first aid or security. The Mayor congratulated Director Mike Patterson and Dave Ford for securing this grant.

On New Year's Eve, the City and Community Challenge will host the New Year's Eve skate, always a well-attended family event.

Referring to her report from last week which announced the awarding of a steady eye camera from Homeland Security, Mayor Bobst added that those binoculars have a value of $15,000 which does not count the training which was included.

LAW DIRECTOR'S REPORT:

The train count report has been received from Norfolk-Southern for November, and was identical to October, at 3.5 trains per day on average. The high was six, and the low was one.

Discussion: Mr. Moran asked if the City is still waiting to see Lakewood's reaction to the ruling on their Dog Park. Mr. Bemer explained that the case would automatically be returned to the Court of Common Pleas. Because this is an appellate decision, Lakewood will have 45 days in which to notify Rocky River if it intends to seek Supreme Court jurisdiction. This could be done if they can show that the matter is one of great general interest or of constitutional dimension. The City anticipates that it will be returned to the trial court.

Mr. Moran mentioned that he had met Mr. and Mrs. Buddie who hoped that the City will move forward with Lakewood. They will continue to collect information. Mr. Bemer commented that the Buddies are an equal party to the proceedings, representing the private nuisance segment of the litigation. They have taken an active role in this process.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Tonight is the fourth Monday of the month, so the next regularly scheduled meeting will be Monday, January 5. Because of prior commitments, it was decided to hold this meeting of the Committee-of-the-Whole at 6:00 p.m. instead of 8:00 p.m.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 94-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE DIRECTING THE MAYOR TO EXECUTE AN EASEMENT TO THE OHIO BELL TELEPHONE COMPANY DBA AT&T OHIO ON PROPERTY OWNED BY THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

Mr. Hunt indicated that this ordinance has been pending for some time, and last week, a communication was received from AT&T regarding what has happened up to this point. This will be discussed once more on January 5 before a vote is taken. Mr. Mylen asked if, besides the letter, any communication has been received. The Administration said that none has been received, but the Mayor said that Building Commissioner Kevin Beirne may have had contact with their engineer. There has been nothing, however, regarding Council's wish for an answer to the question of a fiber optic network for City use.

ORDINANCE NO. 103-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE DIRECTING THE MAYOR TO EXECUTE AN EXCLUSIVE AND A NON-EXCLUSIVE EASEMENT TO THE OHIO BELL TELEPHONE COMPANY DBA AT&T OHIO ON PROPERTY OWNED BY THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBITS "A-1" AND "A-2"

This ordinance authorizes an exclusive and non-exclusive easement sought by AT&T and as with Ordinance No. 94-08, it will also be on hold, pending discussion on January 5.

ORDINANCE NO. 128-08 BY THOMAS T. LONG

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NOS. 301-18-066 AND 301-18-067 IN THEIR ENTIRETIES, FROM THEIR PRESENT CLASSIFICATION OF OFFICE (O-3) TO SERVICE/MANUFACTURING (S/M) AS FURTHER DESCRIBED IN EXHIBIT "A"

Mr. Long indicated that this ordinance, which is a request for rezoning, was discussed by the Planning Commission at last week's meeting. Their minutes will be approved at January's meeting so the Public Hearing will be set at that time.

The Mayor noted that Public Hearings can be scheduled in anticipation of the passage of the minutes.

ORDINANCE NO. 130-08 BY THOMAS T. LONG

AN EMERGENCY ORDINANCE TO AMEND CHAPTER 1321 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, CONCERNING PERMIT, INSPECTION AND LICENSE FEES, BY AMENDING SECTIONS 1321.01, 1321.02, 1321.04 AND 1321.05, AND BY ADDING NEW SECTION 1321.11

3^RD READING

Moved by Mr. Long, seconded by Mr. Furry, that Ordinance No. 130-08 be passed as read:

Discussion: Mr. Long noted that last week, Building Commissioner Kevin Beirne attended the meeting and explained why rates for various services of the Building Department have been updated, and some history behind those increases. No changes have been made since 1997, and compared to neighboring communities, our fees were much lower. The new rates are more reflective of the current times.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 141-08 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2008 AND TO AMEND ORDINANCE NOS. 123-07, 53-08 AND 98-08

1^ST READING

Moved by Mr. Moran, seconded by Mr. Long, that the rule requiring that Ordinance No. 141-08 be read on three separate days be suspended and that Ordinance No. 141-08 be placed upon its passage:

Discussion: Mr. Moran noted that this will amend the budget for this year (Ordinance No. 123-07). At the year's end, it is necessary to move some funds, and he had heard from Mr. Thomas the reasons why funds had to be moved from areas where they were not spent to others where they were needed. One area of extensive change was health insurance, and Mr. Moran turned to Finance Director Thomas for further details.

Mr. Thomas asserted that additional funds are needed to pay claims through the end of the year, but he does not expect that it will reach $255,000, which is the amount which will be transferred in this ordinance. This amount will also increase the fund to cover terminal liability, a recommendation of the health insurance consultant. As this is budgeted and funded, it will be in place for next year's needs.

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 Ordinance No. 141-08 be passed as read:

Discussion: Mr. Furry has also had concerns about the amount of this health insurance appropriation, particularly in light of the recent transfer of $200,000 for the same fund. He noted that the medical plans have been restructured and he pledged to watch the figures diligently, hoping to see a better claims year.

Mr. Moran acknowledged that no one knows what the exact necessary figure will be, and he agreed that close monitoring is necessary.

Mr. Shepherd asked for a definition of terminal liability. Mr. Thomas said that he understands it to be a reserve which is a measurement of runoff claims that can be expected following the end of the contract with the current provider.

• Mayor Bobst added that, for example, if the City were to change providers, this terminal liability amount would pay claims that were incurred over the life of that policy. She said the aim was to build it over a three-year period because of the last poor claims year. Next year terminal liability will be funded, and the City has changed the plan design which will also help the utilization issue and the costs incurred for that plan.
• Mr. Shepherd confirmed that if the City does not change health providers, a terminal liability may not be required.
• Mr. Moran asked if the money is unused if it will be transferred out of the fund. It will not, but remain so that a further deficit will not carry into the next year. The Mayor added that the City may not add to it, but would not subtract.
• Mr. Furry said that it is appropriated, but not technically expensed.

Mr. Mylen asked if claims can be monitored on a regular basis, and whether that would avoid surprise claims. The Mayor responded that the plan does have stop loss, meaning that amounts of claims over $75,000 will be paid by the insurance company. She cautioned, however, that it is possible to have several $50,000 claims in a month.

• The Finance Director noted that the City receives monthly statements describing exposure. Each week, he pays claims that have been submitted to Medical Mutual for that week and paid on our behalf. Each month a reconciliation is made. At that time, administrative and prescription fees are paid. He said it is not seasonal or predictable, and funds need to be in place.

Mr. Mylen recalled that during the budget process, a monthly narrative was pledged. He wondered if a note on health insurance could be added to that correspondence. The Mayor said that it would.

Mr. Moran noted that unions may be interested to see the large amount contributed by the City to fund health plans.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 142-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF SAFETY SERVICES TO ENTER INTO AN AGREEMENT WITH AKE ENVIRONMENTAL AND CONSTRUCTION SERVICES, INC. FOR THE 2009 SEWER TELEVISING PROGRAM IN AN AMOUNT NOT TO EXCEED $100,000.00

1^ST READING

Mr. Hunt noted that this ordinance will be discussed at the next meeting of the Committee-of-the-Whole.

ORDINANCE NO. 143-08 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

This ordinance also will be discussed at the meeting of the Committee-of-the-Whole of January 5.

ORDINANCE NO. 144-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FIVE (5) REFUSE SCOOTER VEHICLES FROM BAKER VEHICLE SYSTEMS AT A TOTAL NET COST NOT TO EXCEED $138,655.00

1^ST READING

Moved by Mr. Mylen, seconded by Mr. Furry and Mr. Long, that the rule requiring that Ordinance No. 144-08 be read on three separate days be suspended and that Ordinance No. 144-08 be placed upon its passage:

Discussion: Mr. Mylen commented that everyone will recall seeing scooters in next year's budget, because it was a top priority for the Service Department. These are important for the weekly pickup of refuse, allowing residents not to have to drag their trash to the tree lawn. The City is behind in its purchase of scooters because they were not available for some time. Because of the shortage, there is a great deal of time and effort spent on repair and maintenance in an effort to keep the fleet on the road. Director Linden wants to replenish the fleet, so this is an important purchase. By passing the ordinance this evening, 30-60 days of delivery time will be saved.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Mylen, seconded by Mr. Long and Mr. Furry, that Ordinance No. 144-08 be passed as read:

Discussion: Mr. Furry asked if these vehicles are now legal on-street vehicles. Mr. Linden said they are.

Mrs. Arabian Whitman asked how many scooters the City will have with this purchase.

• Mr. Linden said that right now there are four 2008, one rebuilt 2003, two rebuilt 2001 which are used daily, and three older vehicles that are used in emergencies. The City is functioning on seven scooters, and six are sent out daily. The normal strength of the fleet is 15, of which half should be 1-3 years old. This purchase means that the City will have nine functioning scooters. He added that in 1961 when he first started, six employees used to pull rubbish out to the curb. They are no longer here, but were replaced by scooters in 1969. The cost of the scooters versus six employees means they are also an economy. Once caught up, the City can maintain the fleet by buying two or three per year.

Mr. Bemer added that basic City services run on how well the garbage is picked up. No one would advocate the elimination of the scooters.

Mr. Moran also complimented the scooter drivers who have been very positive with residents. Mr. Linden noted that there are no cans on the street following collection, which is safer and cleaner.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Mylen asked if there will be an e-update about the Digital Transition on February 17, 2009. The Mayor said that the Administration had not planned to do so, but it can, if requested.

Mr. Mylen said that it is true that those who would most likely be affected would not receive e-updates.

The Mayor thanked Mr. Bill Welsh for the delicious cookies provided this evening.

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:50 p.m.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council