CITY OF ROCKY RIVER

JUNE 18, 2007

The Committee-of-the-Whole was called to order by Mr. Hagan, President of Council, at 8:00 p.m.

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

Mrs. Bartolozzi, Mr. Long, Mr. Hagan

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

Civil Service Commission: Mr. Shepherd

Press: Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The Mayor reported that some progress was made at her meeting with Mayor George of Lakewood regarding the dog park. The Mayor requested that the park be closed for at least a short period of time until an effective way to manage the noise problem could be found, but Mayor George declined to take that step. He was, however, willing to investigate other possibilities:

• •They will monitor the noise from Rocky River back yards at peak times, early in the morning, shortly after dinner time and on weekends.
• •In addition, they are considering monitoring and enforcing their no-barking rule
• •They will consider conducting the park on a membership basis or as a cooperative.
• • Several volunteers are very interested in the park which could translate to their devoting hours to monitor the park and remove anyone with barking animals.
• •Mayor George will meet with F.I.D.O., an organization which supports dog parks.

It is hoped these steps will provide some relief.

E-mails taken from internet blogs or other sources have suggested that the number one issue in dog parks is improper planning. They also suggest that sound barriers are totally ineffective. Suggested were a magnetic card admission system with monitoring and a membership fee to cover costs. The Mayor commented that these suggestions will not immediately solve the problem of dog noise, but she senses their willingness to cooperate. She will discuss the situation in the morning with Mayor George and give a further report next week.

On Westover, the abandoned house reported by Mr. Ruic last week has been seen by City inspectors and police. Going forward, the City will maintain the property and she thanked Mr. Ruic for bringing that to the City's attention. She further noted that residents of this City are "tremendous", willing to maintain homes in disrepair and try to be as helpful as possible. When that occurs, the City is not aware that the home has been abandoned. Their help is appreciated by the City, but the maintenance can be done with the cost being placed on the tax duplicate without cost to taxpayers. She thanked the residents for their interest in maintaining their neighborhood.

Another situation on Bonnie Bank has been discovered where the home was not secured, but there is a realtor and the house has been secured. It is in foreclosure, and will be on the sheriff's sale in late July.

This past week, the Mayor and Economic and Community Development Director Kory Koran met with the Master Plan Working Group at a meeting convened by Kevin Collins, one of the members. Also in attendance was Councilman Long. Mr. Koran reviewed every section of the Plan to assess the progress: projects completed, those in process and actions being undertaken to address the recommendations of the Master Plan, e.g. the Development Code requests for proposals and a proposal from Paul Volpe to develop a plan for streetscaping along Detroit. There were some recommendations which will be assembled by Mr. Koran and presented to Council.

The first outdoor concert last night at Rocky River Park was very successful and attended by 300-350 guests. In two weeks another concert will take place in conjunction with "River Days".

The closing of school combined with the warm dry weather has meant an excellent start to the pool season. Sales of packages for pool passes are up; 978 have been sold, representing 2438 passes, an increase of almost 300 from last year at this time. Revenue is more than $11,000 ahead of last year.

The letter being sent to residents as part of the 2007 Sidewalk Program has been disseminated to Councilmen Hunt and Moran. Since the sidewalks have been evaluated, the program is being initiated, and each resident who will have sidewalks repaired has been sent a letter from the City. When more streets are added, members of City Council will be notified.

Tomorrow morning, the Mayor will participate in a conference call regarding Senate Bill 117 which has left the House with several amendments. It now goes back to the Senate which can accept it or ask for a conference regarding the amendments. Tomorrow's call will discuss the position of municipalities. Substantial consumer protection has been added as a result of the amendments; the Department of Commerce has greater regulatory authority and there is also some relief for PEG channels. Another significant change is that cable companies will not have the ability to opt out of existing franchise agreements unless there is competition in that community. The Mayor expressed interest in resolution of the right-of-way issue. At present, if any requests are made by AT&T for additional boxes, every location will go to the Planning Commission and will be reviewed individually before issuance of any permits.

During the recent trip taken by 8^th graders to Washington, D.C., Councilman Moran's son was given the honor of placing a wreath at the Tomb of the Unknown Soldier because of his award-winning essay. The Mayor extended public congratulations on his wonderful essay and for representing the community so well in Washington.

Discussion: Concerning Senate Bill 117 and the Mayor's plan to have box locations go to the Planning Commission, Mr. Gollinger asked the Law Director if approval for placement can be done by ordinance so that City Council will have stronger control. In reading the proposed legislation, it is apparent that, as written, it would benefit AT&T. When the company presented its plans to Council, Mr. Gollinger understood that with their present technology, AT&T needs to place its boxes close to its customers. This would indicate their interest in urban areas where they can maximize their potential input. He asked the Law Director to give thought to this topic.

• •Mayor Bobst added that she had had discussions with Kevin Lynch of AT&T, telling him that the City would be willing to work with them on the placement with the boxes in areas where they could be screened or not be disruptive to residential neighborhoods. She said they could work with the company whether it goes to Council or to the Planning Commission



• •Mr. Hagan noted that in the company's presentation to Council, he does not believe that they were forthright. As the Law Director does his research, Mr. Hagan would like to see more control by Council. Attending the meeting with their engineer and their legal liaison, they sold Council a shoebox and delivered a refrigerator.



• •Mr. Bemer commented that he was in the audience when AT&T approached the Planning Commission, and the Commission was told that locations had not been identified for between 36 and 52 boxes, so there was no site plan review or investigation. Both comments, therefore, are cogent. His immediate reaction to Councilman Gollinger's comment is concern about disparate treatment. He will investigate, however, and review what Charter provisions allow for modifications of ordinances that pertain to land use and render an opinion.



• •Mr. Long suggested checking the minutes of the Planning Commission. His recollection is that they approved the initial design and that AT&T was not required to return. The Mayor confirmed that sites were never reviewed individually. Eventually AT&T was persuaded to give the City a map which was supplemented by additional locations found by the City. There was, however, general approval for the buildout because the City did not have all the information available now.

Mr. Gollinger also commented on the Mayor's report of her meeting with Mayor George of Lakewood. He said that our citizens have been burdened by this noise since the previous administration in Lakewood. In spite of numerous efforts to improve the situation, Rocky River citizens are being rebuffed by the City of Lakewood. He believes that Lakewood is not abiding by its own ordinances. Property owners should be responsible for dogs on their premises, and Mr. Gollinger feels that there will be no relief for residents from the City of Lakewood. Everything from a statesmanship point of view has been tried without success. He asked that the Council be polled to see if there is support to ask the Law Director to file an immediate action against the City of Lakewood and a temporary injunction until the noise issue is resolved.

• •Mr. Hurtuk pointed out that the Mayor and Law Director must continue to work with all the communities of the western suburbs, including Lakewood. He suggested the possibility of retaining outside counsel. He concluded that the problem will not be resolved because there is not a resident of Lakewood who hears a dog. He is totally supportive of Mr. Gollinger's stance.



• •Mr. Moran noted that this issue has been going on for such a long time that it is surprising that the matter has not been given more attention by Lakewood. He urged Council members to support Mr. Gollinger's and Mr. Hurtuk's comments because he feels there should be one unified voice to protect residents.



• •Mr. Hunt agreed, noting that all Council persons have heard consistently and often that this must stop. He believes action is needed.



• •Mr. Long said that this weekend, he happened to find a Plain Dealer article from 2002 about the dog park when it was first proposed. Councilman George, now Mayor George, was adamant about not locating the park in his area. He wanted it at the end of the City because it would not be Lakewood's problem. Mr. Long agreed with Councilman Gollinger.



• •Mrs. Bartolozzi commented that since this has become a problem, Lakewood has been dragging its feet and Rocky River has tried to be patient- the residents, more than patient. It seems that we have their attention, but she is concerned that they will investigate the membership concept and an attendant which will prolong the solution. This action would show that Rocky River is serious, and it may reinforce the importance of this issue to residents.



• •Mr. Hagan asked the Law Director to look into the hiring of special counsel. Parameters must be set and directives determined. He agreed with previous comments that patience has not been successful for the residents and that this has taken too long. Council must take a stand to protect residents. Therefore, he asked the Law Director to begin work on an ordinance to retain special counsel.

UNFINISHED BUSINESS:

Resolution No. 10-07: Mr. Gollinger noted that he had read last week's minutes and wondered if the Law Director has heard from Norfolk Southern concerning rail traffic on the tracks. Mr. Bemer responded that he had not yet heard in writing, although it had been promised. Mr. Gollinger then indicated that this resolution concerning commuter rail will continue on hold until the communication is received.

Ordinance No. 36-07 and Ordinance No 37-07: Both of these ordinances deal with sign regulations. Mr. Gollinger pointed out that both he and Mr. Hunt have received a revised exhibit for Ordinance No. 37-07 and they both agree that if the ordinance can be amended, it can be read next week and referred to the Planning Commission.

Ordinance No. 58-07: Mr. Hurtuk noted that the Charter mandates an independent examination of the City's books. This ordinance will allow the City to comply and hire auditors. Summaries of costs have been distributed to Council members showing that they have been virtually unchanged. (Consent Agenda)

Ordinance No. 59-07: This ordinance authorizes the purchase of up to 4500 tons of salt. Mr. Hagan pointed out that the State Cooperative Purchasing Act will allow the City to buy at a reasonable price. (Consent Agenda)

Ordinance No. 60-07: Mr. Moran asserted that this ordinance will bring the City's Code up to date with the State Code regarding commercial vehicular traffic. Officer Hine, the Law Director and the Police Chief have encouraged passage of this update to be certain we are up to Code. This section can be reinforced with the recently-purchased scales. As a result, the City can retain fines which are currently going to the State. (Consent Agenda)

Ordinance No. 61-07: Mr. Long explained that this ordinance will authorize the replacement of a salt spreader that is currently in the inventory, but is 21 years old, and probably at the end of its useful life. It needs to be replaced before winter. (Consent Agenda)

Ordinance No. 62-07: Mr. Long continued by saying that the janitorial supplies authorized by this ordinance are needed by all departments. (Consent Agenda)

Ordinance No. 63-07: Mr. Hagan noted that this ordinance will provide for Council's recess in August. There was no objection to the August recess. (Consent Agenda)

MISCELLANEOUS BUSINESS:

Mr. Hagan raised the first item of Miscellaneous Business, an application forwarded by the Ohio Division of Liquor Control for a transfer of a liquor license to Treats Pizza on Linda Street. He indicated that a police record check shows no record and the Police Department has no objection to the transfer of this license. There were no objections from members of Council.

• •Mr. Gollinger said that he had no objection, but wanted Council members to be aware that the new proprietor was at the meeting of the BZA soliciting a variance to be able to serve on an outdoor patio, and he pointed out that it is abutting a residential street. He noted that a month before, another proprietor was granted permission for outdoor seating, promising to comply with all regulations imposed by the BZA. Among the restrictions was music; there was to be no outdoor music. Mr. Gollinger received a complaint that last Saturday night the establishment backed a vehicle to the outdoor dining areas and played loud music from the trunk of the vehicle. He wanted all his colleagues to be aware that Treats will have outdoor seating and will probably have liquor outdoors also.



• •Responding to Mr. Long's question, Mr. Gollinger stated that hours of operation are mandated by the BZA.

Amending the Age Limit for Entry-Level Firefighters: Mr. Hagan acknowledged the attendance of John Shepherd, Chairman of the Civil Service Commission (CSC) at the meeting and noted receipt of a letter from him relative to the extension of the age limit for entry-level firefighters from 31 to 36. He called upon Mr. Bemer to discuss the background of the issue.

• •Mr. Bemer explained that this was a notable issue before the CSC and the Fire Department, that a qualified candidate had not yet reached the age of 31. According to the ORC, Section 124.42 which our CSC has adopted, a municipal council may enact an ordinance setting the ages of 18 to 36 for an original appointment. Many qualified candidates may have gone to college, served in the military, and are already over 31 years old. These are the types of candidates the City would like to have in the Fire Department. As the Code is written, a candidate who has not reached a 36^th birthday is deemed qualified as to age. The wording of the ordinance is consistent with that of the ORC. Mr. Bemer also worked with Sue Whitman, Human Resources Director, and John Shepherd, Chairman of the CSC. In the past, testing operations could take up to six months; the Police Division now takes about six weeks, and the Fire Division about eight weeks, confirmed by Mr. Shepherd.

Mr. Bemer pointed out that this would increase the pool of qualified candidates.

Responding to a question from Mr. Hurtuk, Mr. Bemer said that this would not be retroactive.

• •Mr. Gollinger also pointed out that raising the age may help the City acquire experience.



• •Mr. Bemer explained to Mr. Hagan that the hiring and promotion of police and fire are regulated by ORC which in turn gives authority to CSC to provide for the testing and processing of candidates as well as promotions. This section of the ORC is basically an anomaly; it allows municipalities to expand the age limitations to not exceed a 36^th birthday. Mr. Hagan clarified that the City must take the step of providing for the increase in age, utilizing the option provided in the ORC.

The ordinance will be sponsored by Mr. Moran. (Consent Agenda)

COMMITTEE REPORTS:

Parks and Recreation Commission: Mrs. Bartolozzi reported that the Commission will meet on Wednesday at 8:00 a.m.

• •Mr. Gollinger asked if Mrs. Bartolozzi would raise the question of seniors walking the track at the Rec Center. As presented to him, the issue is that many seniors participate in other activities at the Senior Center and are unable to walk during the hours currently designated for them. They have asked if they can be allowed to walk from 9 a.m. to 5 p.m. This would be for walking only.

Finance Committee: Mr. Hurtuk confirmed that all Council members had received a copy of the City's Annual Report. He announced that he and Mr. Thomas will meet with the auditors in the coming week to review the management letter and report the results within the next weeks.

NEW BUSINESS:

Resolution No. 64-07: Mayor Bobst explained that this resolution recognizes Dr. Allen for his services and contribution to the schools and students. If there are any additions that Council members would like to see included, the Administration would be happy to do that. She asked for consideration for passage next week so that it can be presented to Dr. Allen at the community reception for him. (Consent Agenda)

Ordinance No. 65-07: Mr. Long noted that this is another piece of equipment that needs to be purchased for the City. The leaf machine has been in operation since at least 1973 and possibly earlier. (Consent Agenda)

As there was no further business by members of Council, the meeting was adjourned at 8:52 p.m.

________________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council