CITY OF ROCKY RIVER

JANUARY 22, 2007

Regular meeting of Council was called to order by Mr. Hagan, President of Council, at 8:00 p.m.

in the David J. Cook Council Chambers.

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

Mrs. Bartolozzi, Mr. Long, Mr. Hagan

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

Law Director: Mr. Bemer

Press: Mrs. McKenzie, Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

MOTIONS:

Moved by Mr. Hagan, seconded by Mr. Moran, that the reading of the minutes of the Legislative Meeting of January 9, and the meeting of the Committee-of-the-Whole of January 16 be waived, and that the minutes be accepted as submitted.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MAYOR'S REPORT:

The Civil Service Commission will meet Thursday, January 25, to discuss details of the entrance examination for firefighters which will be held in March.

The Mayor expressed gratitude to students of the Rocky River High School service learning class who have been providing hot chocolate, cookies and candy to crossing guards in the City to thank them for their service over the past several years.

Mayor Bobst has spoken with Ron Reis, the Director of Crossing Safety for the Federal Railroad Administration who has forwarded the name of a contact who could attend a community meeting to answer questions about the establishment of a Quiet Zone. The Mayor hopes to set up the meeting within a month.

The latest article in the Plain Dealer has generated questions and concerns about AT&T's buildout for Project Lightspeed. The Mayor asserted that there is currently no construction or any building in support of Project Lightspeed. The City has not heard from the company since the middle of last summer when it invited them to work with the City in the placement of the cabinets, so the decision rests with them at this time. She emphasized that the City would like to see competition and the most current technology available for residents, but not at all costs, including the planned buildout in the City's neighborhoods. The Mayor again noted that she has not heard from AT&T and indicated an interest in working with the company on a competitive video agreement. It may be that the City has not heard recently because so much is happening on a federal level, and we may hear soon. The City has received calls and requests from residents for the map provided by AT&T projecting their buildout in the community. Everyone should be aware that there is no construction at this time and that any company trucks seen in the area are providing maintenance for the existing phone system.

On a related topic, Mayor Bobst added that a draft of right-of-way management legislation has been submitted to Council, and noted that the Administration would like to move forward on this issue.

The Umerley Civic Center will be closed on Thursday for ceiling repairs.

On Friday, a financial seminar will the held at the Senior Center. The informative program about financial scams will be presented by the Police Department, and representatives from local banks will also be present to answer questions.

The Mayor then requested an Executive Session under Article X, Section 6, Subsection (2) of the Charter to discuss the purchase of property for public purposes.

Resolution No. 7-07 commemorating Family Game Night will be presented for passage this evening.

Discussion:

Mr. Gollinger questioned the statement that the City would like to work with AT&T on the placement of the boxes. He understood that the company would not go forward with the expansion of their network without City approval.

• Mr. Hagan recalled the discussion of the hiring of outside counsel.



• Mr. Bemer stated that the last contact with AT&T occurred in June when the City requested that they assuage the appearance of the installation at the end of Bonnie Bank. There has been no further approach to us.

MOTION:

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that at the request of the Mayor, an Executive Session be held immediately following the Legislative Meeting under Article X,

Section 6, Subsection (2) of the Charter to consider the purchase of property for public purposes.

Vote: Hunt - aye Gollinger - aye Moran - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

LAW DIRECTOR'S REPORT:

Mr. Bemer noted that last week Council discussed a proposed resolution to seek federal funding

to begin an analysis of a commuter rail system. Following that meeting, he contacted Ken Prendergast, Chairman of All Aboard Ohio, to determine if there is more information on the actions of other communities involved. He found that Cleveland, Westlake and Lakewood have held discussions, but no city has passed the resolution as yet. Mr. Prendergast noted that Cleveland will hear the resolution this evening and probably pass it; Mayor George is encouraging passage in Lakewood, and Mayor Clough has indicated that it will be presented in Westlake as well. Mr. Prendergast said that he recognized the need to discuss issues with representatives who are stakeholders to determine if federal funding is available. He further recognized that our City is extremely interested in pursuing a Quiet Zone, suggesting that there may be a methodology for funding in that regard. Another meeting of stakeholders will be scheduled for mid-February.

The Norfolk-Southern report of train traffic for December has been received and shows an average of 4.1 trains per day passed through the City during that month. A high of seven occurred on two days and a low of none occurred on December 25.

Last Thursday, Mr. Bemer attended a community meeting of many with significant impact on the reclamation of Heritage House Condominiums. Included were insurance adjusters, trustees, the construction company and others who were able to provide clarity on a number of missed communications during the last six months. At issue have been sprinklers, electrical work, Code requirements and costs. Mr. Bemer noted that Mr. Moran has maintained a great interest in helping these residents.

• Mr. Moran added that with Mr. Koran, he had had an opportunity to speak with Mr. Rokakis, the County Treasurer, asking about the possibility of low-cost loans for those residents in need. The cost of repairs will be $500,000 to $800,000, or about $10,000 per unit, which Mr. Moran felt was a significant amount for owners of the $65,000 to $85,000 condominium units. He is checking into other opportunities to find assistance, or grants to help residents. Moorhead and Associates has been hired to discuss matters with insurance adjusters to be certain that the restoration goes well. Mr. Moran thanked Mr. Bemer for his attendance, showing that the City is serious about helping move the process forward.

• On Thursday, February 8, at 7:00 p.m., a meeting will be held to bring all residents up to date. Further information should be available following that meeting.

In another report, Mr. Bemer indicated that the City has requested hearings for the two gas stations on Hilliard which have requested C-1 and C-2 carryout liquor licenses. Those hearings will be held within 90 days, when the City's position will be addressed. He noted that there are still six permits available in Rocky River. This number is determined according to population, approximately one per thousand residents.

• Mr. Gollinger asked about the transfer request for Beach Cliff Tavern. Mr. Hagan indicated that the City has requested a hearing, although the applicant is expected to withdraw this application and resubmit it at a later date.

COMMITTEE REPORTS:

Parks and Recreation Commission: Mrs. Bartolozzi reported on the meeting of the Commission held on Wednesday, January 17.

• Diana Leitch was thanked for three years of service on the Commission. The new representative of the Board of Education will be Bob Ranc.



• The concert schedule for 2007 has been set. The first event will be June 10 at the Don Umerley Civic Center with the Rocky River Community Band and Chorus. At four of the next five concerts, groups with Rocky River alumni will entertain. These concerts, held throughout the summer, will be at Rocky River Park.



• Fees for some programs will be increased. Adult volleyball from $275 to $300 per team; summer day camp, summer camp, cheerleading and preschool playschool will see modest increases. A discount of $30 will be implemented for siblings.



• Finally, Mrs. Bartolozzi quoted many attendance figures showing that the recreation program is highly valued in our City: 3,500 skaters came to the rink during the holidays; learn-to-skate classes are at capacity, even though this is not a "show" year; 160 high school and middle school students are anxiously awaiting the start of ski season; recreation basketball in grades 2-8 had 420 players on 50 teams plus the 140 high school players.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 5-07 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE SAFETY SERVICE DIRECTOR TO ENTER INTO CONTRACT 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 $75,000.00 PER YEAR

1^ST READING

This ordinance will be discussed at the next meeting of the Committee-of-the-Whole.

ORDINANCE NO. 6-07 BY FRANK B. GOLLINGER

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 304-07-073 FROM ITS PRESENT CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL

(1F-R1) TO LOCAL BUSINESS (LB) IN ITS ENTIRETY AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Mr. Gollinger noted that this ordinance will be read for the first time tonight, which will give Council members and residents an opportunity to review it as well as any issues which it may raise. He will now remand it to the Planning Commission for consideration at its next meeting where they will review it in terms of future development. It will then be returned to Council with their recommendation. He asked who will be notified of this rezoning before the Public Hearing.

RESOLUTION NO. 7-07 BY THE MAYOR, THE LAW DIRECTOR AND

ALL MEMBERS OF CITY COUNCIL

A RESOLUTION COMMEMORATING THE SECOND ANNUAL FAMILY GAME NIGHT AND FAMILY GAME WEEK

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Moran, that the rule requiring that Ordinance No. 7-07 be read on three separate days be suspended, and that Ordinance No. 7-07 be placed upon its passage:

Discussion: Mr. Hagan noted that this resolution, honoring Family Game Night and Family Game Week, should have a suspension of the three-read rule because the event will begin before the next Legislative Meeting.

Vote: Hunt - aye Gollinger - aye Moran - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No. 7-07 be passed as read:

Discussion: Mr. Hagan stated that he was pleased to be able to support the Community Coalition which is part of Community Challenge. The focus of this program is support for family activities and activities for youth. Family Game Night, which kicks off Family Game Week, encourages families to turn off their televisions and computers and play board games as a group to enjoy the company of all members of the family.

Vote: Hunt - aye Gollinger - aye Moran - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

There were no requests for changes to the Consent Agenda.

ORDINANCES UNDER CONSENT:

ORDINANCE NO. 2-07 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2007 BRAUN AMBULANCE FOR THE FIRE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM PENN CARE PUBLIC SAFETY TECHNOLOGY AT A COST NOT TO EXCEED $130,994.00

1^ST READING

The purchase of this ambulance was provided for in the budget. This will be the third unit, and Mr. Moran explained that with this addition, there will always be two units in service, even when one is being repaired.

ORDINANCE NO. 3-07 BY THOMAS T. LONG

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE (18) PERSONAL COMPUTER SYSTEMS, (1) LAPTOP COMPUTER AND (2) SERVERS FOR USE IN VARIOUS CITY DEPARTMENTS, UNDER THE STATE COOPERATIVE PURCHASING ACT FROM DELL COMPUTER AT A TOTAL COST NOT TO EXCEED $54,504.89

1^ST READING

Mr. Long explained that these computers replace existing units, some as old as 8 years old. Since that time, technology has improved, as have these computers. The laptop for the Building Department will be used for Boards and Commissions. There is a new server for the Fire Division whose peer-to-peer system cannot do what a server can. The GIS server is an upgrade for a 4-5 year old unit.

ORDINANCE NO. 4-07 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE SAFETY SERVICE DIRECTOR TO SELL ONE (1) USED 2000 FORD CROWN VICTORIA POLICE CAR, (2) USED 2003 FORD CROWN VICTORIA POLICE CARS AND ONE (1) USED 1996 FORD SEDAN AND ONE USED 1994 FORD PICK UP TRUCK WHICH WERE PUBLICLY BID FOR A TOTAL SUM OF $7,902.00

1^ST READING

As explained by Mr. Linden at last week's meeting, these vehicles are no longer needed for City service. Mr. Hagan noted that these are the best offers for the former Police cars, Building Department Taurus and WWTP pick-up truck.

Moved by Mr. Hagan, seconded by Mr. Moran, that the rule requiring that the ordinances of the Consent Agenda be read on three separate days be suspended, and that said ordinances be placed upon their passage:

Vote: Hunt - aye Gollinger - aye Moran - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Long, that the ordinances of the Consent Agenda be passed as read:

Vote: Hunt - aye Gollinger - aye Moran - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Gollinger commented on the number of liquor permits available in the City. He expressed disappointment that Columbus is not more interested in preserving the character of the community rather than considering only the number of residents, and said the Commission should be more sensitive to resident opinions.

• Mr. Hagan indicated that this is one reason that the City is requesting hearings on the applications for new permits. For the two applications on Hilliard, this is not the first attempt to secure a permit. The City has successfully fought that because of the saturation of permits in the area and a day care facility as well as access to the highway.

Mr. Long commented that he was heartened to hear that AT&T is no longer upgrading or improving the boxes for Project Lightspeed, but that work being done is for existing phone lines. He noted that the Plain Dealer article of January 15 mentioned video competition contracts with municipalities. One such agreement involved the City of Cleveland Heights.

• Mr. Bemer confirmed that an agreement is usually necessary to provide service to a City. He indicated that the proposed right-of-way law can be a useful tool. What was presented in Council packets was based on the Cleveland Hts. law as a model with a disclaimer that the PUCO has control over utilities.

• •Mrs. Bartolozzi recalled that right-of-way management has been discussed, but that it has not been a priority because there is no current buildout, and asked if the Administration is interested in moving forward at this time despite the verbal agreement with AT&T. The Mayor confirmed that she would like to see discussions resume.
• •Mr. Hagan expressed disappointment in AT&T because prior to the buildout, their representatives were not totally forthcoming about the size or extent of the buildout, and the early installations were smaller. The size of the boxes on Bonnie Bank came as a surprise. He would like to work with AT&T, however, to the benefit of consumers while still addressing aesthetic issues. He asked that the right-of-way legislation be placed on the agenda for discussion on Monday, February 5.

Mr. Gollinger asked if Cox Communications representative, Christy Bykowski, has been contacted and invited to speak to Council. He asked that she and/or other Cox representatives be prepared to answer questions from Council members.

Mrs. Bartolozzi reminded Council members that there will be no Council meeting next week as it is the fifth Monday of the month. She reported that the State of the Schools address will be at the middle school on that evening with an update on the search for a new superintendent. Reservations are requested.

AUDIENCE PARTICIPATION:

Fred I. Sokol, 20021 Parkview Avenue, stated that:

1) He was glad to see that the new third ambulance and thanked the Mayor for purchasing the vehicle for the Fire Division. He said that more safety is important, and as a heart attack victim himself, he knows how important fast response can be. Noting that Rocky River has changed, he suggested that to meet the standard of an emergency vehicle for every 3 square miles, it might be a good idea to house a vehicle at the Service Garage with a crew so that it can reach residents in other parts of the City more quickly.

2) He expressed concern about the liquor permits, feeling that there may too many in certain areas. He said that state law allows residents to vote precincts "dry".

3) He thanked Director Linden for forwarding requested information promptly.

As there was no further business by members of Council, the meeting was adjourned at 8:55 p.m.

_____________________________ _______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council