CITY OF ROCKY RIVER

JUNE 12, 2006

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

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

Mr. Hagan, Mrs. Bobst

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

Law Director: Mr. Bemer

Press: Mrs. McKenzie, Ms. Mitchell

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the reading of the minutes of the Public Hearing and Legislative Meeting of May 22 and the meeting of the Committee-of-the-Whole and Executive Session of June 5 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Moran - aye Hunt - aye Bartolozzi - aye

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

President Pro Tem Hurtuk reported that late on Friday, June 9, Mayor Knoble had submitted his resignation. He read from Article II, Section 4 of the Charter which deals with this circumstance:

"In the event the office of Mayor becomes vacant for any cause or reason, the President of Council shall become Acting Mayor until the Council meets and appoints, by a majority vote of all members, a person to serve as Mayor. Such appointment shall be made within sixty (60) days of such vacancy. Such appointee shall qualify under Section 2 of this Article and shall hold office and serve for the unexpired term and until a successor is duly elected and qualified. During the period until such vacancy is filled, the President of Council shall not cease to be a member of Council, but the President pro tem shall preside at meetings of Council. If the Council fails to fill such vacancy in the office of the Mayor within said sixty (60) day period, the President of Council shall become Mayor and his seat on the Council shall thereupon become vacant to be filled in accordance with the provisions of Article III, Section 7 of this Charter.

Mr. Hurtuk indicated that in accordance with the Charter, President of Council Bobst has become Acting Mayor and he has become Acting President of Council. As yet, there have been no public or private discussions of actions if this situation were to occur.

Mr. Hurtuk went on to explain to the audience that at this Legislative Meeting, there will be two opportunities for the public to address Council: the first on specific items of legislation found on this evening's agenda, the second toward the end on any or all matters of interest.

ACTING MAYOR'S REPORT:

Mrs. Bobst thanked Mayor Knoble for his assistance during the past several weeks. During that time, he gave willingly of his time and expertise, meeting daily with her to insure a smooth transition. The administrative staff has been thoroughly professional which has contributed to the smooth and stable transition. Continuity will be assured thanks to them and to Mayor Knoble.

A tragic event occurred last Tuesday in the form of a condominium fire in which the lives of two residents were lost. Many people were involved and the heroic efforts of the fire and police departments saved many lives.

Two police officers were taken to the hospital; both were released and are doing well.
The Service Department removed debris.
Businesses such as restaurants, pharmacies and realty organizations helped address immediate needs.
Civic organizations and churches also pitched in.
As a result, the needs of the displaced residents were met.
Much aid was coordinated through the Red Cross which did a wonderful job in providing temporary housing, vouchers for food, prescription drugs and glasses.
Facilities Manager Emil Rosol was one of the first to be called and opened the Civic Center so that the Red Cross was able to mobilize immediately.
Councilman Moran and Chief Flynn attended a meeting Thursday of displaced residents. A lot of information was shared and the residents were pleased. Those with unmet needs are urged to call City Hall.

On Thursday evening, a well-attended meeting regarding AT&T and Project Lightspeed was held at the Civic Center. Information received from residents was helpful, and the Administration will be working with the company over the next few weeks to address issues raised that evening. She thanked those residents who attended the meeting.

Regarding the Heritage Home Loan Program, an update has been received from the Cleveland Restoration Society reporting much activity. Mrs. Bobst reminded the community that in addition to loans, the program provides technical assistance and contractor referrals. The program is once again thriving.

The Beautification Committee will meet tomorrow at 7:00 p.m. at the Don Umerley Civic Center. Economic and Community Development Director Kory Koran will attend with an update on the Streetscaping program and improvements along Center Ridge Road.

On Friday, the annual luncheon honoring residents 90 years and older will be held at the Senior Center. This year 139 residents in that age category have responded and will attend the party which begins at ll:00 a.m.

The City continues to work on the problems of flooding caused by the recent heavy rainfall. Mrs. Bobst asked any resident who experienced flooding and did not report it to City Hall to do so in order to help Mr. Linden diagnose and address the flooding issues.

Workers are completing the last tier at Rocky River Park. Landscaping remains to be done, but good progress is being made.

Safety-Service Director Linden reported on construction progress:

On Center Ridge, the intermediate layer of asphalt will be laid tonight. Then work will proceed on the south side, replacing sidewalks and curbs.
On Detroit, concrete work has been completed and asphalt will be applied today.

Mr. Hagan asked if sidewalks and curbs will be replaced in spots on Center Ridge or if they will all be replaced. Mr. Linden said that they will be replaced as needed.

LAW DIRECTOR'S REPORT:

Last Thursday, with Acting Mayor Bobst and a number of Council persons, the Law Director attended an informative seminar in Independence sponsored by Walter & Haverfield. This law firm has researched telecommunications and utility buildouts and brought together a number of knowledgeable people to discuss issues from a local and national perspective. Mr. Bemer commented that he found the discussions enlightening and helpful in addressing the City's involvement with AT&T.

The Law Director has received the 93^rd report from Norfolk-Southern which states that train traffic for the month of May ranged from a low of one train to a high of eight. He also received reports that the train whistles were unduly loud this past weekend.

Mr. Bemer is still addressing the Quiet Zone issue. The City Engineer is continuing to seek information from Norfolk-Southern as to costs and necessary upgrades of the City's facilities.

Mr. Gollinger agreed with Mr. Bemer that the Walter & Haverfield seminar was informative and commented that he learned much that will be helpful. Concerning Norfolk Southern, Mr. Gollinger asked if the Law Director had, as yet, drafted a letter to Norfolk-Southern declaring the City's intention to establish a Quiet Zone. That would cause information about the City to be updated by Norfolk Southern which is a first necessary step to ascertaining costs and necessary updates. The Law Director acknowledged that he was unaware of that requirement and indicated that he will draft the necessary paperwork.

COMMITTEE REPORTS:

Mr. Hurtuk indicated that the Safety Committee has one set of minutes which have yet to be approved. This can be done at the next Legislative Meeting.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mrs. Bobst has received nine e-mails, 8 of which supported AT&T's Project Lightspeed:

Maureen Kehoe, 3420 Wooster Road #412B (Exhibit "A")

Hadi & Deanne Bouria, 1535 Northview Road (Exhibit "B")

Dan McKenzie, 3565 Kings Post Parkway (Exhibit "C")

Bruce Swartz, 3793 Bradfords Gate (Exhibit "D")

Helga Zagmeister, (Exhibit "E")

Michael & Nancy Holmes, 1700 Wright Avenue (Exhibit "F")

Scott and Jennifer Maurer, 2226 Northview Road (Exhibit "G")

George, Kali, Maura & Bobby Neundorfer, 18689 East Shoreland Drive (Exhibit "H")

Pete Stadler, Cox Communications (Exhibit "I")

President Pro Tem Hurtuk explained for the benefit of those attending the meeting for the first time that all e-mails are distributed to all Council members. Copies are available to the public by calling the Council Clerk. He expressed appreciation to those who take the time to communicate with Council members, and indicated that e-mail is often the most expeditious method of expressing views.

This morning an article appeared in The Plain Dealer regarding the Lakewood Dog Park. It appears that that suburb may look at alternatives to make it less objectionable to Rocky River residents.

Mr. Gollinger noted that the story also appeared on the television news. He was pleased that the information is being disseminated and hoped that residents will have some relief in the short term. Those with complaints about the park may contact the Assistant Law Director in Lakewood.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 81-06 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE THREE (3) 2007 TRUCK BODIES WITH SNOW PLOW PACKAGES FOR THE SERVICE DIVISION UNDER THE OHIO DEPARTMENT OF TRANSPORTATION'S COOPERATIVE PURCHASING PROGRAM FROM CONCORD ROAD EQUIPMENT MANUFACTURING, INC. AT A COST NOT TO EXCEED $101,888.88

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 81-06 be read on three separate days be suspended, and that Ordinance No. 81-06 be placed upon its passage:

Discussion: Mrs. Bobst turned to Mr. Linden who explained that it takes some time before delivery of these vehicles can be expected. A rule suspension would expedite the process, as he would like to take delivery before the snow flies.

Vote: Gollinger - aye Moran - aye Hunt - aye Bartolozzi - aye

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Hagan, that Ordinance No. 81-06 be passed as read:

Discussion: Mr. Linden again noted, as he had during discussions at the Committee-of-the-Whole, that these vehicles will replace three 1995 vehicles. Mr. Hurtuk indicated that they were provided for in this year's budget.

Vote: Gollinger - aye Moran - aye Hunt - aye Bartolozzi - aye

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

ORDINANCE NO. 82-06 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE THREE (3) 2007 7400 SBA 4X3 TRUCK CHASSIS FOR THE SERVICE DIVISION UNDER THE OHIO DEPARTMENT OF TRANSPORTATION'S COOPERATIVE PURCHASING PROGRAM FROM INTERNATIONAL TRUCK AND ENGINE CORPORATION AT A COST NOT TO EXCEED $169,533.00

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Hagan, that the rule requiring that Ordinance No. 82-06 be read on three separate days be suspended, and that Ordinance No. 82-06 be placed upon its passage:

Discussion: This equipment is needed to conduct service operations and as the purchases have been discussed, there is no reason for delay.

Vote: Gollinger - aye Moran - aye Hunt - aye Bartolozzi - aye

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that Ordinance No. 82-06 be passed as read:

Discussion: In last week's discussions, it was noted that these trucks will be used for salting roads in winter and to asphalt damaged City streets.

Mr. Gollinger commented that the Service Garage has done an excellent job of maintenance to make the old trucks last for 12 years.

Vote: Gollinger - aye Moran - aye Hunt - aye Bartolozzi - aye

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

ORDINANCE NO. 83-06 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE TWO (2) FORD F-550 TRUCKS - ONE FOR THE SERVICE DIVISION AND ONE FOR THE RECREATION DEPARTMENT UNDER THE OHIO DEPARTMENT OF TRANSPORTATION'S COOPERATIVE PURCHASING PROGRAM FROM VALLEY FORD TRUCK AT A COST NOT TO EXCEED $91,634.00

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 83-06 be read on three separate days be suspended, and that Ordinance No. 83-06 be placed upon its passage:

Discussion: These trucks are needed as soon as possible. Both will be used for snow plowing in winter and in summer, one will be used by the Sewer Department and the other by Recreation.

Vote: Gollinger - aye Moran - aye Hunt - aye Bartolozzi - aye

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that Ordinance No. 83-06 be passed as read:

Discussion: Mr. Linden indicated that these trucks will replace two 1996 one-ton trucks which have been used for plowing. The present two-wheel drive will be replaced by four-wheel drive which should be better to push snow. The trucks are run daily. Mr. Linden also commented that it is a pleasure working with Mr. Thomas, the Finance Director, on equipment purchases.

Vote: Gollinger - aye Moran - aye Hunt - aye Bartolozzi - aye

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

ORDINANCE NO. 85-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE CITY OF ROCKY RIVER, OHIO TO BECOME A MEMBER OF THE NORTHEAST OHIO SOURCING OFFICE (NEOSO), AND DIRECTING THE MAYOR TO ENTER INTO THE MEMBERSHIP AGREEMENT, THE MASTER SERVICES AND CONSULTING AGREEMENT, AND THE MASTER PRODUCTS AGREEMENT WITH NEOSO

1^ST READING

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 85-06 be read on three separate days be suspended, and that Ordinance No. 85-06 be placed upon its passage:

Discussion: It is hoped that this will be a tool to save taxpayers' money, and since there is no cost to the City, it should not be delayed.

Vote: Gollinger - aye Moran - aye Hunt - aye Bartolozzi - aye

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No. 85-06 be passed as read:

Discussion: Mrs. Bobst worked on this ordinance, and explained that this organization will use leverage to provide products and services at savings. Several products have already been identified and it is hoped that lower costs will prevail. Mrs. Bobst encouraged those interested to consult the website, www.neoso.org. Exhibit "A" provides background information on the organization.

Vote: Gollinger - aye Moran - aye Hunt - aye Bartolozzi - aye

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

ORDINANCE NO. 86-06 BY BRIAN A. HURTUK

AN ORDINANCE AUTHORIZING THE MAYOR TO ENGAGE THE OHIO AUDITOR OF STATE FOR PROFESSIONAL AUDIT SERVICES AT A COST NOT TO EXCEED $31,888.00 AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Hurtuk, seconded by Mr. Hagan and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 86-06 be read on three separate days be suspended, and that Ordinance No. 86-06 be placed upon its passage:

Discussion: Mr. Hurtuk consulted Mr. Thomas who explained that this ordinance will authorize payment for the annual audit of the City and the WWTP. Because assurances must be given to the Ohio EPA at this time, it is important that the ordinance be passed.

Vote: Gollinger - aye Moran - aye Hunt - aye Bartolozzi - aye

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that Ordinance No. 86-06 be passed as read:

Discussion: It was noted that the cost is $300 more than last year's audits. A post-audit conference has been scheduled for the end of the month.

Vote: Gollinger - aye Moran - aye Hunt - aye Bartolozzi - aye

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

There were no requests for changes to the Consent Agenda from members of Council.

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO. 80-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH HzW ENVIRONMENTAL CONSULTANTS, LLC FOR SERVICES TO ADDRESS INFORMATION REQUIRED BY THE BUREAU OF UNDERGROUND STORAGE TANK REGULATIONS AT A COST NOT TO EXCEED $11,477.00

1^ST READING

This ordinance will authorize work to fulfill requirements of BUSTR for two tanks removed from the Service Garage in 1995.

ORDINANCE NO. 84-06 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE ESTABLISHING THAT ROCKY RIVER CITY COUNCIL SHALL RECESS DURING THE MONTH OF AUGUST IN 2006

1^ST READING

Council traditionally recesses during the month of August. Unless they are out-of-town, members are generally available to the Administration, and if necessary, may meet.

Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that the rule requiring that the ordinances of the Consent Agenda be read on three separate days be suspended, and that those items found on the Consent Agenda be placed upon their passage:

Vote: Gollinger - aye Moran - aye Hunt - aye Bartolozzi - aye

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the stated ordinances be passed as read:

Vote: Gollinger - aye Moran - aye Hunt - aye Bartolozzi - aye

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

MISCELLANEOUS BUSINESS: NONE

MOTION:

Moved by Mr. Hurtuk, at his request, and seconded by Mr. Hagan, that an Executive Session be held immediately following the meeting to consider the appointment or employment of a public official under Article X, Section 6, Subsection 1 and to hold a conference to discuss pending or imminent court action under Article X, Section 6, Subsection 3 of the Charter.

Vote: Gollinger - aye Moran - aye Hunt - aye Bartolozzi - aye

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

AUDIENCE PARTICIPATION:

Robert N. D'Alessandro, 23 Somerset Drive, introduced himself by saying that he is a former Council member, elected for 8 terms beginning in 1971 and also served as President of Council. He stated that until Earl Martin, the mayor's job was part-time. Each time legislation was introduced to make the job full-time, Mr. D'Alessandro voted against it. The Charter makes no provisions for the status of the position. Mr. D'Alessandro said that he has no objection to paying a full-time salary to a full-time mayor, noting that he had no objection to Mayor Umerley or Mayor Knoble being full-time, but now a new mayor may choose to work part-time. The salary may not be cut without that person's permission. Mr. D'Alessandro concluded that it is time to decide whether we want a full-time mayor and to see what changes must be made to implement that decision, whether by ordinance or Charter amendment.

Mr. Gollinger said that Mr. D'Alessandro raised a good point. The last two Charter Review Commissions discussed that issue, but did not bring it to the voters as a change in the Charter. He agreed that the issue needs attention.

Kevin Biven, 20289 Bonnie Bank, expressed concern for the safety of the children in his neighborhood. He said that boxes on the corner contain capacitors with 10,000 volts and that they are not presently locked. Lithium batteries are used and they are the most volatile and prone to explosion.

Tim Piai, 20095 Bonnie Bank, first extended his sympathy to those who lost their residences during the last week, and expressed his appreciation to safety forces for saving lives.

He then turned to the AT&T Project Lightspeed which he said is designed to net large profits while taking advantage of the company's status as a public utility to avoid city oversight. He was critical of AT&T efforts to minimize the size and scope of the boxes. Although having the technology would be good, he feels there must be an alternative to the boxes.

Mr. Piai continued by stating that Bonnie Bank is a wonderful street with good neighbors, but it has had its share of bad luck, particularly the abandoned house at the entrance to the street. With its overgrown grass, collection of debris, animals, and finally the homeless man sitting in the yard, it has become the eyesore of the neighborhood. Mr. Piai feels that the City should protect this neighborhood and that it has not done so. (Exhibit "J")

Kevin Connors, 20061 Bonnie Bank, stated that residents of the street would like the cabinets removed. He asked for answers to several questions including:

Why was the cross-box located on Bonnie Bank when the original was on Laverne

Was an in-ground option explored, and could cooling fans draw in fresh air.

Can AT&T's ugly design be contested

The Law Director stated that Rocky River is a Charter community with the right to articulate the health, safety and welfare of the community. What action has been taken with regards to that statement?

How was safety taken into account? (The boxes are the size of a grown man)

Can we be guaranteed that existing cabinetry will be removed and the tree lawn restored if the design is modified?

Mr. Connors also discussed the two abandoned houses in the neighborhood. Both are damaged and uninhabitable. He noted that his wife had made efforts to contact the property owner to discuss purchase of the home. He wondered what can be done about these properties. He especially wished that the City would communicate with residents to let them know the status of these abandoned properties. (Exhibit "K")

Richard Tomazin, 20361 Bonnie Bank, addressed several issues, but said that the most important is safety. In addition, he said the boxes are an eyesore and there was no warning that they were going in. Until the actual installation, residents had no idea what would be put there. He felt that a more appropriate site, like a dead end lot, could have been chosen. Finally, he said it would be ludicrous to construct a temporary road through Linden Park for construction access.

Mrs. Bobst responded that the last issue was separate and involved construction of Westover. It will be addressed at that time.

Debbie Robie, 19975 Bonnie Bank, lives next to the abandoned house on Bonnie Bank. She moved to Rocky River because she felt it was a good place to live, raise and teach her children. With the abandoned house on the corner and the boxes close by, she does not think that this has turned out to be a great place to be with three small children, 3� , 2 and 2 months. She did not think she would have to teach her son to stay away from the homeless man next door.

Kirk Zehnder, 20021 Bonnie Bank, was upset about the two abandoned houses in the neighborhood and the eyesore and danger in the boxes. He suggested that AT&T buy the house and move the boxes inside it.

Dick Volosin, 20169 Bonnie Bank, has been a resident since 1987. He said that it was a beautiful street until five or six years ago. He wanted to know who determined the location of the boxes, and hoped that someone could do something. He asked Mr. Hagan about cutting the grass and who was responsible.

Fred I. Sokol, 20021 Parkview, hoped that Council would listen to the residents, noting that the people have spoken. On the subject of the mayoral job, he said he wanted to mention that Bay Village does have a full-time mayor. Mr. Sokol also mentioned that he had written to the Charter Review Commission in 1996 on the subject.

Kevin Lynch of AT&T, stated that he appreciated the input from residents and assured them that it was not falling on deaf ears and that he will continue the dialogue on Bonnie Bank. He also wished to clarify one point, that the picture which appeared in the Sun Herald was not a photo of AT&T equipment, but that photo, taken in Bay Village, showed two large cabinets containing railroad switching equipment.

Mr. Gollinger asked Mr. Lynch to clarify for residents the method by which sites are chosen. Mr. Lynch affirmed that the City is not involved. AT&T engineers survey all sites and choose the most efficient; plans are then submitted to the City for approval.

Elmer Borzi, 20022 Bonnie Bank, commented that Rocky River is a great city, but when things like this happen, there is a trickle down effect which brings everything down. If nothing is done about abandoned houses and ugly boxes the effect will be felt. He would like to see underground installations.

Mr. Hurtuk thanked everyone for coming and said that he was appreciative of all comments.

As there was no further business by members of Council, the meeting was adjourned at 9:27 p.m.

_______________________________ _______________________________

Brian A. Hurtuk Misao Kurokawa

Acting President of Council Clerk of Council