DRAFT

CITY OF ROCKY RIVER

MARCH 20, 2006

The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 8:05 p.m.

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

Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

Administration: Mr. Linden, Mr. Thomas

Law Director: Mr. Bemer

Press: Mrs. McKenzie

MAYOR'S REPORT:

In the Mayor's absence, Mr. Linden updated the Council on several current topics:

Tree lawn tree planting will begin soon. Stakes are in the ground to mark planting sites.

The Safety-Service Director has been working with Baker Motors for the last eight months in an attempt to solve the scooter situation. A scooter which can be driven on the street is manufactured by Tiger Truck, but it is awaiting EPA approval, which could take another 8-12 months. The current candidate, with trailer, costs $28,500, and Mr. Linden's department is not satisfied with its performance. In a special meeting with Mr. Baker and his mechanic, Mr. Linden determined that it is possible to tear down, overhaul and completely rebuild and renew the present vehicles, and the price compares favorably with that of new vehicles. With this process, Mr. Linden feels that the City would have a sufficient number of vehicles for the next three years.

Several ordinances are in process and will come to Council shortly: streetscaping for the Detroit Road area including a decorative wall, sound barrier landscaping and Hilliard Blvd. trees, and the Civic Center addition.

Discussion: Mr. Gollinger asked about the scooters. Mr. Linden explained a bit of their history, going back to 1969 with the first Cushmans which were legal to drive on the street because they were under 1750 lbs and licensed as motorcycles. Currently, the company does not make three wheeled vehicles, and the four-wheeled vehicles are not legal for street driving because they are too heavy. The refurbished vehicles will be a good solution until a legal three-wheeled vehicle is available.

UNFINISHED BUSINESS:

Ordinance No. 12-06 and Ordinance No. 13-06: Mr. Hurtuk indicated that these two ordinances, the budget and salary ordinances, are part of the budget process.

• •The Finance Director has distributed new pages for the budget book which reflect changes in bids received as well as the flow through of insurance money which offset some of the expenses of rebuilding the ambulance.
• •Mr. Hurtuk also mentioned that the Permanent Improvement Fund and estate taxes received will be found in the General Fund. By Charter, the budget must be passed before April 1, so changes may be discussed next week when Mayor Knoble will return.
• •Mr. Hurtuk also explained that he had indicated to Community Challenge that although he usually requested their input at a meeting, since there was no change in their request and since the program has worked well in the past, he has no further questions.
  
  
• •Mr. Hagan raised the question of the estate tax and its placement in the General Fund. He said that he would like to see it as a Permanent Improvement Fund. As a home rule city, he felt that Council should be able to track its funds and allocate them as it deems necessary.
  
  
• •Recalling a previous discussion, Mr. Hurtuk asked the clerk to research the topic for packets this week.
  
  
• •Mrs. Bobst commented that there are two issues: how to list these funds in the budget and proposed legislation to enable that.
  
  
• •Mr. Bemer reminded Council members that this was done upon the recommendation of the auditor.
  
  
• •Ordinance 13-06 has been changed to accommodate the new salaries negotiated by the Fire Division. The Police Division remains to be finalized.
  
  
  
  

Ordinance No. 29-06 : Mr. Gollinger explained that this legislation will change the zoning on the southeast corner of Ingersoll and Smith. It is currently on the agenda of the Planning Commission for tomorrow's meeting, and he plans to attend the meeting.

MISCELLANEOUS BUSINESS:

AT&T Update: Mr. Kevin Lynch, representing AT&T, came forward to summarize the company's situation. He said that Project Lightspeed is designed to upgrade their telecommunications system with fiber optics, bringing its source closer to the home. In this way, the company hopes for increased reliability, decreased need for repair, faster internet speeds, and greater band width so that more products can be delivered.

To this end, Mr. Lynch said that plans were submitted to the Planning Commission which approved the design pending approval by the Building Department and a safety department which would insure that there are no traffic obstructions or other safety issues.

Last November and December the company sent a memo of understanding to the City. This evening, Mr. Lynch indicated that, as requested, he would share the locations of the cabinets the firm hopes to place in the City. He introduced those who had accompanied him: Counsel Andrew Emerson and Steve O'Bryan, and Dennis Dunn, Mr. Lynch's counterpart in another region.

• •Displaying a large map for those in the chambers, Mr. Lynch explained that the pink dots represent existing cabinets which route telephone service to individual homes. At present, there are 34 sites in Rocky River, either on poles or freestanding.

• •The 17 blue dots represent sites where present plans indicate that upgrades will be located. Five are presently installed: two on Linden, one on Westway, one at Linda and Detroit and one on Northview. Others are pending, waiting for permits to be issued. Of those 17, seven are on private easements, seven are on a right-of-way, two will be installed with the appropriate easements, and the last will be in front of City Hall.
  
  
• •The remaining pink dots represent freestanding boxes not in the scope of work in the near future. Mr. Lynch said he did not know when they would be in the plans, perhaps next year.
  
  

Mrs. Bobst asked if the company can launch Project Lightspeed with only 17 expanded boxes.

• •Mr. Lynch answered that it could, but that it would not serve the entire community. Those who are connected could subscribe to telephone and internet services. He was unsure about the video service.
  
  

Mrs. Bobst explained that Council is concerned about the infrastructure which is being built throughout the City. With these very large boxes there are safety issues as well as esthetic issues, and she is very concerned because, while she would like to encourage competition, the community may not find this buildout acceptable in many areas.

• •Mr. Lynch stated that this buildout is for the telecommunications network, and also for extra bandwork. The structures are needed for telecommunications and improvement of telephone service.
  
  

Mr. Moran asked how many cabinets are planned for the first phase.

• •Mr. Lynch said that originally he had said that there are 40 to 50 boxes in the City, but there are 34. He now knows of 17 which will be upgraded. He hopes that additional boxes will be upgraded with the next wave of work and design. Technology, which is constantly improving, may make the boxes smaller.
  
  

Mrs. Bobst asked if other residential communities are in the process of being upgraded.

• •Mr. Lynch responded that the buildout has been proposed for Westlake, Berea, and Strongsville at this time. The plan is to spread this system across Ohio, and in answer to a question from Mr. Gollinger, throughout its 13 state system. It will go further if AT&T can acquire BellSouth.
  
  

Mr. Gollinger asked if both boxes will be necessary.

• •Mr. Lynch explained that with current technology, each box has a different function, so they are linked and both necessary. He was unsure whether boxes on poles would be linked to a second box on the pole or whether it would require a freestanding cement based box.
  
  

Mr. Gollinger expressed his feeling that the residents will bear the burden of being the first community with many unsightly and obtrusive boxes. He felt that the company will not replace them with less unsightly boxes if technology improves, and asked about the possibility of underground cabinets.

• •Mr. Lynch indicated that this technology needs to stay above ground for many reasons. Heat is dissipated, the equipment is susceptible to dampness, and it needs to remain accessible which is not practical underground
  
  

Mr. Moran asked if the system has been completed in any community.

• •Mr. Emerson said that a live demonstration of 30-40 homes has been completed in Keller, Texas. Anaheim, California is also on the front edge of deployment, but as yet, nothing is complete.
  
  

Mr. Bemer asked about the community of Walnut Creek, CA which is suing to stop the project, and wondered if any resolution has been reached.

• •Mr. Emerson explained the case which raised the issue of franchise fees, and said that, as yet, there had been no resolution.
  
  

Asked by Mr. Hagan if any boxes had been located underground, and by Mr. Gollinger whether obsolete technology would be removed if no longer needed, Mr. Lynch responded that although there may be underground delivery of service to homes, every connection box in Rocky River or any other community is above ground. He further assured Mr. Gollinger that his company has historically removed equipment no longer in use including cabling, etc. Since telephone service is the company's core business, however, he does not feel that this will happen.

Mrs. Bartolozzi, noting that the boxes outside Panera Bread are extremely large, wondered if all others would be smaller.

• •Mr. Lynch responded that that box is a mini-central which will distribute to surrounding areas. He said that there will be no other large cabinets. Each cabinet will serve about 250 households including backup. Linden Road has two cabinets because of the concentration of population.
  
  

Mr. Gollinger noted that some cabinets are surrounded by chain link fencing which is unsightly, suggesting that the Beautification Committee may have some input about screening.

• •Mr. Lynch pointed out that they have worked with the Building Department and received approval for the fencing which protects surrounding areas.
  
  

Mr. Moran asked if there are any other options which Council has not yet seen for boxes which are less obtrusive.

• •Mr. Lynch said that currently, this is the only design except for the larger, more concentrated boxes. He noted that uniformity is important to control costs and to facilitate maintenance.
  
  

Mr. Lynch asked about the permits under consideration by Council.

• •Mr. Hurtuk pointed out that Council was gathering information, but the granting of permits is a prerogative of the Administration.

Mr. Lynch also inquired about the status of the memo of understanding submitted to the City.

• •Mr. Bemer acknowledged that there is a draft of an agreement which was delivered to Mayor Knoble's office. Since Council members have not yet received copies, he will make his copy available.
  
  

Mrs. Bobst thanked Mr. Lynch and the members of his company, and assured him that Council members will take the information to the residents.

NEW BUSINESS:

Resolution No. 36-06: This resolution will update the agreement to participate in the ODOT Cooperative Purchasing Program. This is now required every two years.

(Consent Agenda)

Ordinance No. 37-06: This ordinance was passed during the Special Meeting which preceded this meeting.

Ordinance No. 38-06: This ordinance authorizes a contract for the Detroit Road paving project from Wright to Wooster. Work to be redone by the City includes sidewalks, curbs, aprons, and impressed concrete crosswalks. The City will spend approximately $220,000, and the State, which will pay for the actual repaving, will spend $64,000. Paving will not include parking areas. The approximate timetable will be 60 days from the contract signing. (Consent Agenda)

Ordinance No.39-06: This is the yearly janitorial supply contract for the year, another housekeeping ordinance. In consultation with Mr. Rosol, the bid results were evaluated taking into consideration which supplies are used daily by the City. The lowest bidder for those items was chosen. (Consent Agenda)

COMMITTEE REPORTS:

Planning and Zoning Committee: Mr. Gollinger indicated that the BZA had discussed a liquor permit at its last meeting and that he had received a letter from the business owner on the subject. He asked Council members to review the proceedings of the last meeting for further discussion.

Parks and Recreation Commission: Mrs. Bartolozzi noted that the Commission met last Wednesday and reviewed plans for terracing of the hill at Rocky River Park. Plans for the Don Umerley Civic Center addition are moving along. Finally, plans were reviewed for the April 8 father-daughter dance sponsored by the Recreation Department and the Community Coalition.

Safety Committee: Mr. Moran reported that his committee had its first meeting this evening. Chief Wagner and Chief Flynn updated the committee on recent improvements, present concerns including communication with other communities, and long-term projects needed.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mrs. Bobst has received a citizen advisory from the EPA which will hold a public meeting at the Don Umerley Civic Center at 6:30 p.m. on March 22. On the agenda will be four erosion control stone revetment projects, three of which are in Rocky River. Comments from the audience will be encouraged.

The annual Elmwood Park garlic mustard pull will be Saturday, May 13 from 10:00 a.m. until noon. All are welcome.

Council has received 11 letters of interest for the Ward I position, and interviews are being scheduled. Mrs. Bobst thanked those participating in the process.

MOTION:

Moved by Mrs. Bobst, at her request, that an Executive Session be held immediately following the meeting to consider the appointment, employment, dismissal, discipline, promotion, demotion or compensation of a public employee or official under Article X, Section 6, Subsection 1 of the Charter.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

As there was no further business by members of Council, the meeting was adjourned at 9:07 p.m.

_____________________________ _____________________________

Pamela E. Bobst Misao Kurokawa

President of Council Clerk of Council

Please note: This is a draft copy of the minutes of the meeting of the Committee-of-the-Whole of March 20, 2006. These minutes may be amended or revised at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

MARCH 20, 2006

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

Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Frost, Mr. Hurtuk, Mrs. Bartolozzi,

Mr. Hagan, Mrs. Bobst

Administration: Mr. Linden, Mr. Thomas

Law Director: Mr. Bemer

Press: Mrs. McKenzie

The meeting was opened with the Pledge of Allegiance.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 37-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH THE ROCKY RIVER FIRE FIGHTERS ASSOCIATION, LOCAL #659, REPRESENTING THE EMPLOYEES OF THE ROCKY RIVER FIRE DIVISION AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 37-06 be read on three separate days be suspended, and that Ordinance No. 37-06 be placed upon its passage:

Discussion: Negotiations have been ongoing and Special Counsel Matty has kept Council apprised of progress. This ordinance is the final result of those negotiations with the Fire Fighters union to settle terms of a contract between the union and the City. Mr. Hagan would like to see passage of this ordinance before passage of the budget.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Hurtuk, that Ordinance No. 37-06 be passed as read:

Discussion: This three-year contract was settled within the authority granted by Council. Mr. Hagan commended all involved for a job well done.

Mr. Hurtuk commended the Administration for negotiating a three-year contract which will give the City more predictable expenses. He noted that negotiations are now ongoing with the police unions, and he hoped that settlement will not be far behind.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

As there was no further business, the meeting was adjourned at 8:05 p.m.

__________________________________ _____________________________

Pamela E. Bobst Misao Kurokawa

President of Council Clerk of Council

Please note: This is a draft copy of the minutes of the Special Meeting of March 20, 2006. These minutes may be amended or revised at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

MARCH 20, 2006

Safety Committee

The meeting of the Safety Committee was called to order by the Chairman, Mr. Moran, at 7:00 p.m. in the David J. Cook Council Chambers.

Safety Committee Members Present: Mr. Moran, Mr. Frost, Mr. Gollinger, Mr. Hurtuk

Council Members present: Mrs. Bobst, Mr. Hagan, Mrs. Bartolozzi

Administration: Mr. Linden, Chief Wagner, Chief Flynn

Law Director: Mr. Bemer

Press: Mrs. McKenzie

Mr. Moran opened the first meeting of the Safety Committee for this year by thanking Chief Flynn and Chief Wagner for participating and raising issues for their respective departments.

Chief Flynn of the Fire Division came forward and began his department's summary by noting accomplishments of past years:

• •During the past year, the Fire Division has been successful in winning a grant which has provided $250,000 toward a new pumper.
  
  
• •Last year, $43,000 in grants covered the costs of an exhaust extraction system and fire alarm system for the firehouse.

• •In 2002, grants provided exercise equipment for healthier firefighters, a second thermal imager and a third EKG machine.
  
  
• •This year has seen the beginning of the central dispatch system, a cooperative effort by Rocky River, Bay Village, Fairview Park and Westlake. The Chief was pleased to report that the system worked very well on Friday in tracking available units for an emergency. The best feature of this system, however, is the medical dispatch system in which the dispatcher is trained to stay on the line with a resident to give verbal first aid until help arrives.
• •The division will soon receive MARCS radios which will allow them to communicate with other departments in the event of an emergency. These were made possible by the Department of Homeland Security.
  
  
• •Twenty-five volunteers are currently attending monthly sessions to be trained as CERT (Community Emergency Response Team) volunteers, available and able to help in a community emergency.
  
  

Present and future budget requests include:

• •SCBA (Self-Contained Breathing Apparatus) bottles are reaching the end of their useful lives and must be replaced. Some are more than 20 years old, although they have been refitted.
  
  
• •Bunker gear is at the fourth year of a five-year life expectancy.
  
  
• •Increased travel and tuition funds for in-service training at academies.
  
  
• •All radios must be replaced by 2013. This question is being raised now because the cost will be approximately $160,000. By federal regulation, present radios will be obsolete and may not be used. Interoperability grants may be of some help.
  
  
• •A new rescue squad, while keeping the old one to make a total of three. The third vehicle can be used for back-up, football, or other projects.
  
  

Future projects to be considered include:

• •An update in the City's Codified Ordinances to reflect the new fire code adopted in the ORC (Ohio Revised Code) last September.
  
  
• •The department needs another Fire Prevention Officer. After last week's fire on Riverside, FPO Crowe had to leave his inspection duties to work on fire related issues.
  
  
• •Last Friday's fire on Riverside convinced the Chief that the City should not permit houses to be built so close to one another. That house was only 12' from its neighbor, and only expert fire fighting kept the blaze from spreading.
  
  
• •Because the Chief believes in promotion from within, he feels that standards need to be established so that all persons who take the test are qualified if they win the promotion.
  
  
  
  
  
  

Chief Wagner of the Police Division then came forward to discuss his department:

National safety is his biggest issue; most of his officers have attended a three-day school sponsored by NIMS (National Incident Management System) and taken the tests. This will insure that across the country, departments are using the same language and operating in the same way. The federal government is linking grant money to police and fire departments as well as cities to insure that their lead will be followed. The City has received a $14,000 grant for equipment that helps detect bombs, money and drugs in and around motor vehicles.

In other activities:

• •Julie Moran is helping with the CERT program mentioned by Chief Flynn.
  
  
• •Seniors are being made more aware of safety by talks on crime prevention, internet safety, and parking lot and driving safety.
  
  
• •The division also participates in the Amber Alert program. A committee of the Ohio Association of Chiefs of Police monitors and improves the system.
  
  

Current budget requests include:

• •The single largest complaint fielded by Mayor Knoble and Director Linden concerns speeding on side streets. The Chief would like to add a POPAS officer to be assigned to locations where complaints have been received. His plan is to assign an officer from the day shift to handle this responsibility.
  
  
• •Springtime traditionally brings a spate of aggravated burglaries. Recently, they have occurred on E. Shoreland, Story and Gasser. Police urge extra caution during this time of the year.
  
  
• •The division participates in the ICAC (Internet Crimes Against Children) program, which recently made two arrests of suspects who were using the internet to entice children.
  
  
• •Bullet resistant vests which contain zylon need to be replaced because tests show they are not as strong as when they were originally manufactured. The division is participating in a class action lawsuit against the manufacturer, and he is hopeful that reimbursement will be made, since the government has ordered that zylon no longer be used.
  
  
• •A second part-time Community Service Officer should soon be added to supplement the current person who fills this job. This would add 54 hours of coverage a month.
  
  
• •A part-time dispatcher will help to alleviate the overload on officers now answering phones as the police division will answer 911 calls.
  
  
• •A second drug dog.
  
  
• •A MARCS radios will also be received by the department. The radio will be provided without charge, but will cost $240 a year when used..
  
  
  
  
  
  

Future considerations:

• •Calls from currently manufactured cell phones can be relayed through the 911 system if cities have modified their equipment, a process which costs about $40,000. This means that the caller's location is displayed as it is with home-based calls. Unfortunately, SBC will not move forward with the program until all cities in the county have updated their equipment.
  
  
• •A $10,000 hand-held appliance which can detect dangerous gases in the air.
  
  
• •Software is available which can route messages through the server to notify residents who have registered their e-mail addresses. These messages can deliver any information deemed important by the City. It could be used, for example, in an flooding emergency in the Yacht Club basin, or to notify residents of a road closure or missing person. The cost would be only $600 per year.
  
  
  
  
  
  

Discussion:

Mr. Moran thanked both chiefs, noting that they and their staffs are an important reason citizens like to live in this city.

Mr. Gollinger asked the Fire Chief if the houses built close together had been built according to Code or if they had required a variance. The matter will be researched.

Mrs. Bartolozzi asked if the acquisition of a second police dog would necessitate the purchase of another car to be fitted for that duty. Chief Wagner indicated that there is a vehicle currently owned which can be retrofitted at a cost of about $2500 until another car is downstepped to be put into service.

Mr. Gollinger asked why it is necessary to have a second dog. Chief Wagner responded that actually, he would like to have one dog per shift. The police dog is frequently called upon to sniff around autos; Rylo recently discovered heroin on Wooster Rd. At present, North Olmsted has three dogs, Lakewood two, Bay Village none, and the animal in Fairview Park recently passed away. The federal government wants the department to spend more time on I-90 so that there is more pressure on illegal aliens and drugs. The canine works only with one officer, and when he is off, so is the dog; they work 40 hours per week. In an emergency, they have called other cities.

Mr. Gollinger also requested an update on the motorcycle patrol. Chief Wagner said that the vehicle should arrive by the end of the month, and it can then be detailed in early April. Four officers will have training by the end of April, and the patrol should be in service by mid-May. One of its major jobs will be to patrol for speeders, and it will be assigned by complaint.

Mr. Gollinger then asked about the SCBA bottles, and whether they would be lighter. Chief Flynn responded that they would. He would like to retrofit the entire department. Newer equipment has a microphone for better communication and a light on the face piece. It also has a gauge so that fire fighters know how long they have before they run out of air.

Mr. Moran asked if there were questions or comments from those attending the meeting.

AUDIENCE PARTICIPATION:

Bob Waitkus, 3730 Bradfords Gate: Mr. Waitkus spoke about the advisability of stationing a rescue vehicle at home football games to be immediately available in the event of injury. Identifying himself as the father of a youngster who sustained an injury last season in a football game, he is concerned that although some interim solutions have been proposed, he has heard little recently. A long-term solution would be to assign an ambulance to all home games as was the practice in the past. Many serious injuries require immediate care.

Fred I. Sokol, 20021 Parkview: Mr. Sokol thanked Mr. Moran, noting that he appreciated the opportunity for residents to come forward. Last year a senior citizen on Parklane was the victim of a break-in and assault. Mr. Sokol praised the addition of a motorcycle patrol, feeling that it would lend more visibility. He also said that he would like to see foot patrol in the City.

Mr. Frost indicated that one of his colleagues is Tom Perk, a Valley View Councilman and 25-year fire fighter trainer. Mr. Perk has been appointed to the State Emergency Response Commission. If the City needs input or coordination advice, Mr. Frost would be glad to request Mr. Perk's expertise.

Mr. Moran thanked his committee and those attending the meeting. He also expressed gratitude to the two chiefs and Mr. Linden for their good work.

As there was no further discussion by members of the Safety Committee, the meeting was adjourned at 7:53 p.m.

_______________________________ _______________________________

James W. Moran, Chairman Misao Kurokawa

Safety Committee Clerk of Council

Please note: This is a draft copy of the minutes of the meeting of the Safety Committee of March 20, 2006. These minutes may be amended or revised at the next Legislative Meeting.