CITY OF ROCKY RIVER

JUNE 19, 2006

The Committee-of-the-Whole 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, Mrs. Whitman

Law Director: Mr. Bemer

Press: Mrs. McKenzie, Ms. Mitchell

The meeting was opened with the Pledge of Allegiance. Mr. Hurtuk announced that there would be no Special Meeting as he felt the resolution had been premature and will not be discussed this evening.

ACTING MAYOR'S REPORT:

Last Friday, Mrs. Bobst attended the annual 90+ birthday party held at the Senior Center. The party was attended by the oldest resident in the state and 12^th oldest person in the world, Florence Homan, 112, who lives at the Welsh Home. Mrs. Bobst said that it was a wonderful event and thanked the staff and volunteers of the Senior Center for their hard work to make it happen.

In other Senior Center news, a $2300 donation has been received as a result of the "Stepping Out" fundraiser. Mrs. Bobst extended thanks for the generous donation which will be used by the Center for senior transportation.

The Recreation Department reports that on Friday and Saturday, 1200 persons visited the outdoor pool each day.

In construction updates:

• •The Don Umerley Civic Center expansion is continuing; the pool has been excavated and work is proceeding on the footers.



• •Work on the Lakeview water line has been delayed slightly. Letters have been sent to residents to let them know what the construction will do and what it will need.



• •Construction on Center Ridge is on schedule.



• •Detroit Road construction and streetscaping is also proceeding.

Rocky River Park will host its first concert of the summer season this Sunday at 7:00 p.m. The walls have been completed, but there will be no public access as yet because landscaping remains to be finished.

This week, Rocky River will be a busy place:

• •A "Taste of River" will be Saturday from 12-3 at the Don Umerley Civic Center.
• •Also on Saturday, the Community Challenge Family Fun Fest will be held on the City Hall campus.
• •Thursday, Friday, Saturday and Sunday, the Greek Festival will take place at St. Demetrios.
• •On Sunday morning, the 5K Charity Challenge, sponsored by the Rocky River Democratic Club and the Rocky River Republican Club, will attract runners to benefit the Senior Center, Meals on Wheels and the PTA Scholarship fund.

Finally, Acting Mayor Bobst noted that Mrs. Sue Whitman, Director of Human Resources, was present to provide information on proposed hiring policies and procedures under consideration by the City and the WWTP Management Committee.

UNFINISHED BUSINESS: NONE

MISCELLANEOUS BUSINESS:

AT&T Project Lightspeed: In a brief summary, Acting President Hurtuk indicated that a Community Meeting was held June 8. Last week, Council members heard passionate testimony at the Legislative Meeting. He turned to Acting Mayor Bobst to discuss the overall picture which he will follow with other options.

Mrs. Bobst reported that she has called AT&T to schedule a meeting to discuss the next steps. The company is not currently pursuing any buildout, and the Administration hopes to resolve issues. The City's intent is to see a successful launch and buildout, but there are concerns shared by residents about how they want to proceed. The City has ideas it would like to share about how the company can proceed, and would like to hear their response.

Further, there is right-of-way legislation under way for current requests as well as future requests from any number of companies. This will be closely examined and legislation put in place. The competitive video agreement can move forward with the draft so that the City can meet the cable level playing field standard with Cox . These issues remain to be discussed as the Acting Mayor has not yet heard from AT&T about a meeting on the drafting of an agreement.

The COPE Bill did pass in the U.S. House of Representatives. This bill provides some relief for AT&T in the negotiation of franchise agreements, establishing a 5% competitive fee and 1% PEG fee. It is possible, therefore, that AT&T may not pursue negotiations.

Mr. Hurtuk then raised the question of the retaining outside counsel with specialized expertise in this field. Mr. Bemer indicated that he would be interested in such a proposal, and that joining forces with other communities may prove to be a wise idea. If Council approves of this idea, he would like to pursue it.

Mr. Hagan also stated that he would like to look at bringing in outside counsel to help the City achieve a level playing field standard as well as a negotiated buildout and physical components. At the earlier stages, AT&T discussed the appearance of the equipment, but Mr. Hagan said that he did not envision three large boxes. When asked if the boxes could be located underground, Mr. Lynch said they could not because of the heat dissipation factor. In researching the topic, Mr. Hagan was told of Controlled Environmental Vaults (CEV) for use in various installations where above-ground equipment is a problem. In information he found via the internet, Mr. Hagan discovered that CEV's are waterproof prefabricated units with air conditioning units. Since AT&T is preparing to make a huge investment and they would reap many benefits, he would like to show this information to Mr. Lynch.

Mr. Gollinger attended a seminar two weeks ago and the firm hosting the event displayed good knowledge, being prepared to address issues of competition and the right-of-way, one of the few things controlled by the City. He would like to be able to help AT&T be successful but not at the expense of residents. He would encourage some initial dialogue with outside counsel to see how they can be of assistance, perhaps jointly with other communities.

Mr. Hurtuk asked Mr. Bemer to obtain proposals for Special Counsel, and quickly, if possible.

Mr. Moran said that he has listened to residents wondering why AT&T has been allowed to move forward. He wished to make it clear that the City did not always have choices. He also had some positive comments from some residents. He is not against AT&T, only against the boxes. He feels that Special Counsel will help protect the rights of residents.

Mr. Gollinger asked if a moratorium on permits for 180 days can be enforced while research is being done. Mr. Bemer responded that this issue has presented itself in this community and has been implemented in others. He feels that it would be a direct invitation to litigation. Since the City now has a verbal good faith moratorium, he suggested that for now the City remain on that course and address the legal opportunity to provide right-of-way regulation. The seminar law firm has expertise Mr. Bemer will try to determine whether having many other communities with us will reduce the cost. He will talk with his counterparts to see if they are interested in joining forces.

Mr. Hurtuk agreed, saying that AT&T has been cooperative recently.

Mrs. Bartolozzi also agreed, adding that AT&T lobbies nationally to achieve legislation which is favorable to their interests, so it is imperative that cities join together to further their own interests.

COMMUNICATIONS AND ANNOUNCEMENTS:

Acting Mayor Bobst has received three pieces of correspondence:

• •Craig Irish, M.D., opposing Project Lightspeed. (Exhibit "A")
• •Gary M. Saker, 2670 Struhar Drive, in favor of Project Lightspeed (Exhibit "B")
• •Karen Dieckman, 19615 Riverview, in favor or Project Lightspeed (Exhibit "C")

Acting Council President Hurtuk has received an e-mail from Kevin Connors, 20061 Bonnie Bank Blvd, opposing Project Lightspeed. (Exhibit "D")

Ward 2 Councilman Moran has received a letter from Leo C. Franciscus, 22575 Hilliard Blvd, opposing Project Lightspeed. (Exhibit "E")

Mr. Hurtuk asked if there is an update on the Metcalf & Eddy project. Mr. Bemer said that there is still a question about their contract.

• •Mr. Hurtuk explained that Metcalf & Eddy is in a building that he leases in his full-time employment with CB Richard Ellis. Since a renewal is currently being negotiated, there could be the appearance of a potential conflict of interest, and in his opinion, it would be prudent for him not to participate in any vote on this type of professional services contract.

Because Council will be in recess at the end of July, City departments should focus on presenting necessary legislation. It is uncertain at this time whether or not Council will meet on July 3.

Mr. Moran commented that he was very pleased to see the 90+ seniors enjoying themselves at the Senior Center luncheon. He applauded the City's wish to show appreciation to the seniors for their years.

Mr. Gollinger agreed, echoing praise for Mrs. Calladine and her staff for the fine job they did in feeding and entertaining 132 individuals aged 90+ and their guests.

Mr. Hurtuk said it felt great to see youngsters and families in the pool at one end of the City Hall campus and the seniors enjoying their luncheon at the other end.

COMMITTEE REPORTS:

Safety Committee: Mr. Moran reported that the draft minutes of his last committee meeting will be voted upon at the next Legislative Meeting.

Finance Committee: Mr. Hurtuk noted that the audit will be completed before Council's recess. Work on the next budget will not begin until September when a committee meeting may be scheduled.

Parks & Recreation Committee: Mrs. Bartolozzi mentioned that the Parks & Recreation Commission will meet on Wednesday morning at 8:00 a.m. in the Pavilion.

Planning, Zoning & Economic Development Committee: Mr. Gollinger noted that the Planning Commission will meet on Tuesday with three items of interest to Council. He plans to be present and will report on the outcome.

NEW BUSINESS:

Ordinance No. 87-06: This ordinance will codify a policy which regulates hiring practices of the City and the WWTP. Mr. Hagan noted that a memorandum has been received from Mr. Matty, legal counsel to the WWTP Management Committee. He announced that he is calling a meeting of the Contracts Committee for next week at 7:30 p.m. prior to the Legislative Meeting for further discussion with Mr. Matty.

Human Resources Director Whitman came forward to explain the provisions of this new policy. She began by noting the highlights of the memorandum from Mr. Matty. This memorandum outlines the background of the action on this topic.

• •In February, 2006, the WWTP Management Committee discussed the topic and directed Mr. Matty prepare a hiring policy. With Mrs. Whitman, he formulated a policy which conforms to Ohio law with additional considerations to be discussed.



• •At the April 3 meeting of the WWTP Management Committee, the drafted policy was approved as well as four of the five additional considerations:

Family member-supervisor restriction

More than two related persons prohibition

Posting and equal consideration

Disclosure of family member information

• •The policy has now been forwarded to Council with recommendations that it be implemented as part of Chapter 153 or 155. It has been reviewed by Mr. Bemer.

Mrs. Whitman explained that under the Ohio Ethics Law, a public official cannot authorize or influence the hiring of any family member for any position, including civil service. A public official is any employee of the City of Rocky River, whether elected, appointed, or employed.

In formulating this draft, policies from other cities and good hiring practices were considered.

Mrs. Whitman then went on to comment on each paragraph of the new policy:

• The first paragraph is introductory.



• This is based on the ethics law of the state of Ohio, substituting the word "regular" for "permanent".



• This paragraph was suggested by its inclusion in the hiring policies of other cities, stating that no more than two related persons may be employed in any Department, or in the same Division of the Safety Service Department, and there can be no direct supervision by family members. Present employees will be grandfathered, and there will be no changes in their employment.



• This defines the process of posting every job, employing sound hiring practices.



• The burden of disclosure is on the prospective employee who must disclose family information.



• This is the definition of family members as defined by the Ohio Ethics Law.

Discussion: Mr. Gollinger asked if there is a potential for litigation on the requiring of family information. Mr. Bemer responded that the provision is enforceable as it is not prohibited.

Mrs. Bartolozzi asked how this policy applies to summer help, which is part-time. Mrs. Whitman responded that the policy also applies to this situation.

Mr. Gollinger asked about the inclusion of the provision that no more than two related persons be employed by each department or division, noting that in Mr. Matty's memo, it reads "two or more related persons".

• •Mrs. Whitman noted that this was suggested by the policies of Fairview Park and Bay Village, and indicated that it may be discussed further. Promotions cannot be made if the change in status results in an employee supervising a relative.

Mr. Hunt wondered if the definition of family members mirrors that of the ethics section of the Ohio Revised Code. Mrs. Whitman responded that it did.

Mr. Bemer commented that the proposed ordinance attachment of the hiring policy contains language that is accurate, and that Chapter 153 was chosen as the more appropriate location.

Mr. Hagan reminded Council members of the Contracts Committee meeting next Monday at 7:30 p.m., noting that Mr. Hunt replaces Mr. Frost on that committee.

MOTION:

Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that an Executive Session be held immediately following the meeting to consider the appointment of a public employee or official under Article X, Section 6, Subsection (1) of the Charter.

Vote: Gollinger - aye Moran - aye Hunt - 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 8:45 p.m.

________________________________ ______________________________

Brian A. Hurtuk Misao Kurokawa

Acting President of Council Clerk of Council