CITY OF ROCKY RIVER

MAY 15, 2006

The Committee-of-the-Whole 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: Mayor Knoble, Mr. Linden

Law Director: Mr. Bemer

Press: Mrs. McKenzie, Ms. Mitchell

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

Mayor Knoble began by explaining that he is still at his desk by request of the county prosecutor's office, which asked him to remain in office until there is further progress in the ongoing investigation. He said that he will, therefore, be on the job as he has always been, performing his duties to the best of his ability. He thanked those who have called and sent cards and e-mails of support, thanking him for his services and wishing him luck.

Last Wednesday, the Mayor performed one of his more enjoyable duties as more than 100 second graders from Goldwood School visited City Hall and the Mayor's office.

On Tuesday evening, he attended the meeting of the Beautification Committee with Mrs. Bobst and Mr. Gollinger. The committee will meet again in June, but not in July or August.

This Wednesday, the first of many meetings with ODOT regarding the Lake Road project will be held. Discussions of initial plans and questions are on the agenda of this meeting which will be attended by the Mayor, Director Linden, Mr. Mackay and several members of the ODOT staff.

During this extended period of rain, there have been a few calls regarding flooded basements, but they appear to be isolated cases, probably due to tree roots clogging laterals. Mr. Linden confirmed that four calls have been received and are being investigated. It appears, however, that there are no major sewer issues, and that the system is holding up.

UNFINISHED BUSINESS:

Amended Ordinance No. 29-06 : This legislation will change the zoning on the southeast corner of Ingersoll and Smith. Mr. Gollinger noted that a public hearing has been scheduled for May 22. Following the public hearing, in the absence of dissent, he will call for a vote.

Ordinances No. 59-06 and 60-06: These ordinances were both read for the first time last week. Ordinance No. 59-06 establishes the portion of estate taxes received which can be used for the General Fund. Council members have not had questions on this ordinance. Ordinance No. 60-06 has been formulated to help maintain the balance in the General Fund. Mr. Hurtuk commented that it appears to be a prudent step as 80% will go to the Permanent Improvement Fund and 20% will be allocated to the General Fund. He noted that, as often stated by the Mayor, the budget is a work in progress, and that percentages can be changed. This will help the Finance Director, Mr. Thomas. He asked for further comments from Council members.

• •Mr. Gollinger said that he had no problems with the legislation. He noted that it is important to reinstate an account for improvements but cautioned that it would not be advisable to rely on funding which is not guaranteed.



• •Mrs. Bobst indicated that an examination of Exhibit "A" shows that no less than 80% will go to the Permanent Improvement Fund and no more than 20% to the General Fund. If conditions should change, another ordinance can repeal this one and substitute other figures.



• •Mr. Gollinger further commented that this will help the Finance Director to comply with the requirements of the State auditors. (Both on Consent Agenda)

Ordinance No. 71-06: Mr. Hagan noted that this ordinance, authorizing a water main rehabilitation project, had its first reading last week and turned to Mr. Linden, the Safety-Service Director for further details.

• •Mr. Linden indicated that the project had come from a study done by Cleveland Water at the request of our City. The City wished to be certain that this line would be able to function or whether replacement or relining was necessary. Expert opinion was that it should be relined, and the project will be to reline the water main on Lakeview from Detroit Road to Lakeview Court. The project is necessary because there is a lack of water pressure in this area. For that reason, Mr. Linden requested passage as soon as possible so that the project can begin as soon as school is out. There will be little digging as the line will be bored by machine and relined. (Consent Agenda)

MISCELLANEOUS BUSINESS:

Northeast Ohio Sourcing Office (NEOSO): President Bobst indicated that Council members have had an opportunity to study materials on this organization. There were no objections to moving forward, particularly as there is no cost to the City for its participation. The object is to realize savings on goods and services . Mr. Linden is investigating, but because there are no objections from Council, Mrs. Bobst instructed the Law Director to draft an ordinance for the agenda.

President Bobst also provided updates on two recently discussed matters:

Hiring Policy: On Wednesday morning, Mrs. Bobst will meet with WWTP legal counsel, David Matty and the City's Human Resources Director, Sue Whitman, to review the hiring policy for the WWTP and to draft a policy for the City.

AT&T Project Lightspeed: Last week President Bobst met with Kevin Lynch and Caryn Candisky of AT&T in a productive meeting. Since last week, she has contacted several individuals and agencies: PUCO, the Attorney General's office, Martin Gelfand of Representative Kucinich's office and the Ohio Municipal League. Law Director Bemer has obtained a copy of an agreement between Grove City (outside Columbus) and AT&T. In addition, Geneva, Ill. has passed an ordinance recently declaring a moratorium on further buildout. There will be several matters for Council members to review.

• •Mr. Bemer noted that from a legal point of view, the issue is heating up across the country.

The PUCO of Connecticut supports the proposition that Project Lightspeed is not cable and therefore, no franchise agreement is necessary.

The federal decision on the case brought against the City of Walnut Creek, CA. took the opposite approach: the ruling was that the local government can regulate by requiring franchising.

Oklahoma has eliminated the opportunity for local government to regulate, but did not address state and federal regulations.

As this is a Charter community, our City has the right to articulate the health, safety and welfare of the community.

Mr. Bemer also noted that there is speculation about whether it is possible to separate

telecommunications into one-way or two-way systems and if both are subject to

franchise fees. He attended a work session on Friday and learned of eight or nine

different legislative proposals in Congress including the abandonment of any

franchising fees.

Mr. Bemer hopes to take in all opinions and find solutions that will serve the community.

Mrs. Bobst mentioned that the Attorney General's office referred her to Chapter 4939 of the ORC; she suggested that Law Director Bemer review it.

A letter has been received from Andrew Emerson of Porter Wright Morris & Arthur, responding on behalf of AT&T to a question posed by Mrs. Bobst to Kevin Lynch: SBC is considered and defined as a public utility in telephone services, but do they still have the same rights when providing other services? His five-page response to that question will be distributed to Council members.

Mr. Bemer has received from Cleveland Heights their Chapter 941, an attempt to regulate these services. This has been forwarded to the Planning, Zoning & Economic Development Committee for their review, with a request to look at ways in which this City may draft a similar ordinance. As to the PUCO, Mrs. Bobst was told that it regulates public utilities. If a franchise is required, it is not regulated by them.

A meeting has been set for June 8 to receive community input on the subject. Ron Gottschalk has been working with the map provided by AT&T to be certain that all residents directly impacted by the buildout are notified. Addresses and/or pole locations have been obtained from AT&T to insure that no one is missed, and all will be notified by mail. President Bobst encouraged all residents to attend.

• •Mr. Moran asked if the last map provided by AT&T includes all the final locations. Mrs. Bobst responded that it was reviewed by Kevin Lynch who added one or two. She suggested that ward councilmen may wish to obtain addresses from Mr. Gottschalk and contact residents personally. She noted that there is no legal requirement for notification, but the City will send letters.

Mrs. Bobst added that although a construction hold had been agreed to for the box on Bonnie Bank, that was not possible because the structure had already been installed.

Mr. Gollinger announced that according to the parade coordinator for the American Legion, there will be approximately 75 seats available for the Memorial Day service in the cemetery for those who have difficulty standing.

NEW BUSINESS:

Ordinance No. 72-06: Mr. Hagan deferred to Mr. Linden for an explanation of this ordinance. Mr. Linden commented that according to the contract with the workers in the Service Department, uniforms will be provided if needed. Currently six workers are using uniforms. The lowest and best bid came from Cintas, when both cleaning and replacement are considered. As this is a housekeeping ordinance, he requested passage as soon as possible. This will be a three-year contract. (Consent Agenda)

Ordinance No. 73-06: This is another housekeeping ordinance authorizing the City to purchase salt for the roads for next winter through the State Cooperative Purchasing Act. Mr. Linden asserted that this is a good buy for the City, and the City has taken advantage of this opportunity for several years. He requested passage as soon as possible. (Consent Agenda)

COMMITTEE REPORTS:

Planning, Zoning and Economic Development Committee: Mr. Gollinger mentioned that the Planning Commission will meet on Tuesday and the Board of Zoning and Building Appeals on Thursday. He noted that the latter has 16 items, and should be quite interesting. He will attend, and he invited other Council members to join him.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mayor Knoble indicated that next week there will probably be an ordinance for an agreement with CompManagement, Inc., the City's Group Administrator. There will be no cost to the City. Mr. Bemer agreed to prepare the ordinance for next week's agenda.

Mrs. Bobst reminded everyone to attend the Voices and Choices forum on Wednesday, May 17 at the Don Umerley Civic Center from 7:00 to 9:00 p.m. This program is sponsored by the LWV, the City, and the Chamber of Commerce. This grass-roots program will attempt to find solutions to the region's economic slump.

Mr. Moran announced that the Rocky River Democratic Club and the Rocky River Republican Club will sponsor a 5K Charity Challenge to benefit the Senior Center, Rocky River Meals on Wheels and the PTA Scholarship Fund. The event will be held Sunday, June 25 at 8:30 a.m., meeting at the Don Umerley Civic Center. Pre-registration will be at the Second Sole on Detroit Road or by mail.

As there was no further business by members of Council, the meeting was adjourned at 8:35 p.m.

________________________________ ______________________________

Pamela E. Bobst Misao Kurokawa

President of Council Clerk of Council