CITY OF ROCKY RIVER

JUNE 26, 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, Chief Wagner

Law Director: Mr. Bemer

Press: Mrs. McKenzie, Ms. Mitchell

The meeting was opened with the Pledge of Allegiance.

MOTION:

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

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

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

Following the Executive Session, the meeting was reconvened at 8:46 p.m.

MOTION:

Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the reading of the minutes of the Legislative Meeting and Executive Session of June 12, the meeting of the Committee-of-the-Whole and Executive Session of June 19 and the Community Meeting of June 8 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

Moved by Mr. Moran, seconded by Mr. Gollinger, that the reading of the minutes of the meeting of the Safety Committee of March 20 be waived, and that the minutes be accepted as submitted.

Vote: Moran - aye Gollinger - aye Hurtuk - aye

3 ayes 0 nays PASSED

ACTING MAYOR'S REPORT:

Mrs. Bobst reported on several successful events over the weekend, and thanked the many volunteers who helped make it happen: the Taste of River, the 5K charity run, the Community Challenge Fun Fest, the Greek Festival and the concert in Rocky River Park. All were very successful and well-attended by Council members and residents. Of particular interest was the participation of Mr. Hunt, Mr. Moran and Mr. Gollinger in the run and the fine turnout of 500-600 for the first concert of the Summer Concert Series in Rocky River Park.

This Thursday, a meeting has been scheduled with AT&T at 4:00 p.m.

The screw pump project at the WWTP is on hold for about a month because of a delay in the delivery of the pump. It was hoped that it would be installed by July 15, but now it appears that it will be August before the project is completed.

On Thursday, June 29, representative elections to create a new bargaining unit for the Police Division will be held at 11:00 a.m.

A second sewer strength and flow test has begun. Because the City of Bay Village felt that there were issues in their city which impacted the results, they have paid for an additional study.

The State Highway Patrol will be patrolling I-90 beginning July 1 both by air and ground. This will be coordinated with the City's Police Division.

An article in the latest issue of Cities and Villages, a publication of the Ohio Municipal League, will be of interest to Council members. It is entitled "Municipal Cable Franchise Authority Threatened as Telephone Giants Prepare to Enter Cable Television Business". It was written by William R. Hanna, an attorney with Walter & Haverfield who recently conducted a seminar on the subject for local municipalities.

A meeting with Cleveland Magazine representatives will be held soon. Any Council members or residents with ideas for articles in the insert featuring Rocky River should communicate with the Mayor's office.

Acting Mayor Bobst then introduced Karen E. Goodson, Area Manager for the Illuminating Company. Ms. Goodson will act as liaison between her company and the City.

In an e-mail from a Bonnie Bank resident, comments were made about the Westover street construction. Subsequently, a newspaper article talked about building a temporary roadway through Linden Park. Mrs. Bobst explained that Mayor Knoble was looking at a number of options for Westover traffic during the replacement of the waterline, sewer and road. At this point, there are no plans to have a temporary road through the park.

Discussion: Mrs. Bartolozzi asked if the patrolling of I-90 is temporary. Chief Wagner came forward and stated that it will be from July 1 until the end of September.

Mr. Gollinger asked what precipitated the selection of these roads to be patrolled. Chief Wagner said that it is based on accident statistics and is an effort to curb drunk driving and speeding. Asked if POPAS will be affected, the Chief said that it will not be affected at all since there are so many speeders on the road.

Mr. Gollinger then asked about if the sewer strength and flow study will measure consumption of all the cities. He was told that it would.

Mr. Hagan asked about a timeline for the Westover project. The waterline will be replaced this fall, but the project will not be completed until spring 2007. As the time nears, meetings will be scheduled with residents to review the plans and the projected timetable.

LAW DIRECTOR'S REPORT:

Within the past week, an unfavorable response has been received from the City's attorneys in Columbus regarding the appeal by the City of the decision of the Liquor Control Commission to permit sales at Varney BP. On May 31, the Franklin County Common Pleas Court ruled against the City. As a result, permits will be issued to the applicant in accordance with the decision of the Liquor Control Commission.

Mr. Bemer reported that he has contacted Fairview Park and Bay Village to determine whether they would be interested in joint hiring of special counsel to assist the cities in right-of-way issues.

Mr. Bemer also attended a seminar with Mrs. Bartolozzi held by the Treasurer of the State of Ohio on the laws of foreclosure and ways to expedite the law of pending foreclosures. He approached the Building Commissioner of Parma which has implemented a policy, through Council ordinances, of providing recovery of costs from lenders who are titleholders now in control of properties. That city may be able to provide guides to review.

Discussion: Mr. Gollinger asked about the long-awaited sale of the house on Bonnie Bank. Mr. Bemer said that it was scheduled for today's sale, but members of the public indicated that it was withdrawn by order of the Court.

Mr. Gollinger asked for an update regarding the establishment of a railroad Quiet Zone. Mr. Bemer responded that Mr. Mackay, the City's consulting engineer, assumed responsibility for notifying the railroad of the City's intention to establish a Quiet Zone as requested by Mr. Gollinger. The letter was written on June 16, and Mr. Bemer will see that Council members are provided with a copy. The letter provides accurate information to the railroad and asks if the four crossings within the City are equipped with constant warning time circuitry.

Mr. Hurtuk thanked Mr. Bemer for contacting other cities regarding the use of outside counsel to determine right-of-way issues. He asked Mr. Bemer to move forward so that he can have a proposal, and perhaps a recommendation by the Law Department for the July10 meeting of Council. He said that he understood that AT&T was abiding by a self-imposed moratorium on the buildout, but he said that Council would like to move forward.

As to the BP on Lake Road selling alcoholic products at the gas station, Mr. Hurtuk commented that Council has long opposed such a policy. However, it appears that Council has taken this issue as far as possible without incurring a huge liability. He indicated that Council will look at other options, but will continue to discourage gas stations from selling beer.

Mr. Hurtuk then asked the Law Director about the Metcalf and Eddy project. Mr. Bemer responded that he and Mr. Harrington, WWTP Superintendent, had reviewed documents and proposals in draft form, and have been able to anticipate costs to project for 2006-2007. He will contact Metcalf & Eddy and hopes to have an ordinance for the next meeting.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran spoke about the fire at the Heritage House Condominiums on June 6. Although it took a terrible toll, it could have been even worse had the Fire Department not insisted that safety measures be installed: a new alarm system, an expedited water delivery system, and fire barriers. He has had an opportunity to meet some of the people involved, and to identify some residents in need. Twelve residents were uninsured or on federal assistance. He praised the Red Cross and the Police and Fire departments.

Residents have found temporary shelter, but are still in need of assistance. The next step was to set up a fund accessible at the City's website, www.rrcity.com, as an identifiable place for anyone who would like to donate. As a first step, a carwash at the #1 Express Carwash, 25247 Detroit Road will be held this Saturday from 9 a.m. to 4 p.m. with a portion of the proceeds to be donated to the fire victims. Students from the middle school will detail cars at the rear of the property. The third floor residents lost everything, and second and first floor residents also were affected. Mr. Moran had a signup sheet for volunteers to work with the middle school youngsters.

The fund will be handled by the Huntington Bank in Rocky River.

Mr. Hurtuk announced that because next Monday falls on July 3, Council will not meet. A double session will be held the following week, with the Committee-of-the-Whole at 7:00 p.m. and the Legislative Meeting at 8:00 p.m.

Mr. Hurtuk also entered into the record correspondence from Richard Anter, 3932 Kings Mill Run. (Exhibit "A")

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 87-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE CREATING A CODIFIED ORDINANCE OF THE CITY OF ROCKY RIVER WHICH REGULATES THE HIRING PRACTICES OF THE CITY AND THE WASTEWATER TREATMENT PLANT

1^ST READING

Mr. Hagan noted that this ordinance was discussed this evening at the meeting of the Contracts Committee with Mr. Matty, Mrs. Whitman and Mr. Bemer in attendance. From that meeting, questions were raised which made it apparent to Council that discussion is necessary on some points of language in the attached exhibit. It will be discussed at the next meeting of the Committee-of-the-Whole.

RESOLUTION NO. 88-06 BY JAMES W. MORAN

A RESOLUTION AUTHORIZING THE ROCKY RIVER CHIEF OF POLICE TO FILE AN APPLICATION FOR THE FY 2006-2007 DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) LAW ENFORCEMENT GRANT FUNDED THROUGH THE STATE OF OHIO D.A.R.E. GRANTS PROGRAM, AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Moran, seconded by Mrs. Bartolozzi, that the rule requiring that Resolution No. 88-06 be read on three separate days be suspended, and that Resolution No. 88-06 be placed upon its passage:

Discussion: Mr. Moran indicated that this resolution needs to be passed immediately so that funding will be received soon from the state.

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

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Hunt, that Resolution No. 88-06 be passed as read:

Discussion: This is a well-advertised program of the Police Department with Officer Phil Morron in charge. Chief Wagner came forward to explain that this program has been supported by the City for about 15 years. Officer Morron has been in charge of it for this entire time and does an excellent job. This program goes into the younger grades to fight underage drinking and smoking, and even supports safety rules in the youngest children.

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

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

ORDINANCE NO. 89-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WITH COMMUNITY CHALLENGE TO PROVIDE CERTAIN SOCIAL SERVICES BENEFICIAL TO THE CITY FOR THE SUM OF $43,500.00 AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Gollinger and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 89-06 be read on three separate days be suspended, and that Ordinance No. 89-06 be placed upon its passage:

Discussion: This program is under way, and as there is no increase in their request, there is no reason to delay.

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 and Mr. Gollinger, that Ordinance No. 89-06 be passed as read:

Discussion: Community Challenge works with youngsters from K - 12 to prevent alcohol and other drug use through education. It provides support and referral services to residents and businesses in the City.

Mr. Gollinger commented that this week demonstrated that this organization works very hard to raise its own funds through its Fun Fest. He noted that their services are beneficial to the community.

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

Hagan - aye Bobst - aye Hurtuk - aye

7ayes 0 nays PASSED

COMMITTEE REPORTS:

Parks and Recreation Commission: Mrs. Bartolozzi reported that the Commission met on June 21, discussing and approving increases in some programs and classes. The increases are modest, from $.50 to $1.00; some of these costs have not increased since 2002. This will keep instructors' pay at a competitive level.

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION:

Kevin Connors, 20061 Bonnie Bank, indicated that 11 properties were listed for tentative sale on the Sheriff's website. Noting that the foreclosure process is extremely long, he pointed out that the abandoned property on his street has been withdrawn from the Sheriff's sale four times. Since this property has been vacant since January 28, 2002, he asked why the property was withdrawn at today's sale.

Mr. Bemer responded that this property was financed through the VA, and he was told that the VA requires both an external and internal appraisal. Countrywide Mortgage told him that the internal appraisal was not done in time for the other sale dates.

Mrs. Bobst commented that communication with the attorney as late as 10:00 a.m. this morning confirmed that the property would be ready for sale.

Mr. Connors suggested a meeting with Judge Boyle to get this property sale moving forward.

Mr. Hurtuk pledged to find out why the property was withdrawn.

Mr. Connors also asked if he could meet with Mr. Bemer to discuss the situation and ask questions. Mr. Bemer said that he would be available. Mr. Connors also asked Mr. Gollinger about his comment at last week's meeting that there were interesting items on the agenda of the Planning Commission this week. Since he was unable to attend, he asked what action was taken at the meeting.

Mr. Gollinger briefly reviewed the three items on the agenda and the Planning Commission decisions.

Kirk Zehnder, 20021 Bonnie Bank, said that he was told that his sarcasm last week may have failed to get his point across, so he wished to offer his perspective of Rocky River once more. As a 4� year resident, he indicated that the abandoned homes in his area have led him to question his investment. He said that he has no confidence about the effectiveness of the handling of the situation and wondered what Council can do.

Mrs. Bobst assured him that there is great concern about this issue. It was felt initially that the fast track foreclosure plan offered by the County might provide some relief, but it not proven to be the case. The City is now exploring maintenance chargebacks to the person or entity in control of the property as explained by Mr. Bemer. Also being reviewed is the process followed by the Building Department which may be able to identify this property as a nuisance, a step to final condemnation. A letter has been sent to the attorney.

�Mr. Hagan confirmed that he receives many calls. He pointed out, however, that Council has rules and regulations about its role and it is the Administration that is looking into various avenues to solve the problem. For this reason, it is often necessary to tell residents to call City Hall.

�Mr. Hurtuk agreed, noting that Council will implement any solution within its legal power. He stated that Council members welcome e-mails.

Kathryn Rieg, 20201 Bonnie Bank, said that she has been dealing with the abandoned house which is unsafe and uninhabitable, for four years. She feels frustrated because the condemnation process began nine month ago and the house is still there. She also reminded Council of the AT&T situation which has not improved.

�Mr. Gollinger asked if the City's action of beginning a condemnation process will make the process shorter or longer. Mr. Bemer responded that it is superfluous since a judgment has been issued ordering the sale. There are problems between the Clerk's office and the Sheriff's office. Now if the property is declared a nuisance, it could mean multi-layered litigation and a judgment of foreclosure.

�Mr. Hurtuk commented that the City was told that the sale would go forward and he wants to know why it did not.

Brian Ruic, 20358 Westover, sympathized with the owner of a new home at the end of his street where road construction will be centered.

He said that Linden Park is not a dedicated park and asked what procedure the City can follow so that it will remain a park forever. (Linden Park was dedicated as park land by Ordinance No. 37-69 passed on June 9, 1969.)

Finally, he recalled that legislation was passed which made a blue tarp on a roof illegal over a certain period of time and suggested that fines may make the property owner more anxious to maintain the property.

Tim Piai, 20095 Bonnie Bank, complimented many of his neighbors for the care and hard work they have invested in their homes and properties. He maintained that they are hurt as much as mad because they have had to play "catchup" on both the AT&T and Countrywide issues. He pointed out that more communication is needed, and he is anxious to see if the City will support the street on the AT&T issue. He indicated his opinion that Countrywide may be a worse neighbor than AT&T because the people they assign to care for properties do such a poor job that a great deal of damage has occurred since they took over. He believes that Countrywide needs to be told to maintain these houses.

He asked that when the City holds meetings concerning Westover, that it notify not only that street, but other streets whose residents use the park and take great pride in it.

Debi Robie, 19975 Bonnie Bank, said that she appreciated all efforts to control situation with the abandoned house, but four years is a long time. She raised the issue of the AT&T buildout in the boxes at the end of the street and pointed out that the home chosen for the buildout has no back yard. People living in that house will not be able to enjoy their yard, but will have to look at those boxes from anywhere they choose to sit.

Richard Tomazin, 20361 Bonnie Bank, asked if the scheduled meeting with AT&T concerning Project Lightspeed is a closed meeting.

�Mrs. Bobst responded that it is a working session with company officials. The Administration would like to work with them to see where they are in their buildout and assess their interest in other ideas concerning the portions of the buildout which have already occurred. Further, the City would like to move forward with the video agreement.
�Mr. Hurtuk noted that communication with AT&T is an ongoing process. Throughout the City the company is working on the telephone system, making upgrades. He asked residents to call if trucks are creating a hazard. At the last meeting, the hiring of outside counsel was discussed. Experience has been gained through other cities who have already dealt with this buildout, and Mr. Hurtuk pointed out that a bloc of cities may wield more influence than a single one.

Mr. Tomazin said he had heard about Controlled Environmental Vaults (CEV) and said that he had heard Mr. Lynch of AT&T say that there is no way to dissipate heat from the equipment if it were in an underground installation. Mr. Hurtuk said that the question will be raised.

Finally, he invited Council members to attend the street's Block Party on July 15.

Richard Volosin, 20169 Bonnie Bank, told Council that he was glad that the City worked on storm and sanitary sewers because he had no water in his basement. He has heard that AT&T can put their equipment in the right-of-way, and wondered who issued the building permit which allowed them to do so on Bonnie Bank.

�Mrs. Bobst responded that the company had received an electrical permit because the City is unable to withhold it to a regulated public utility. The Administration is currently reviewing right-of-way legislation which would give some control.

Mr. Volosin asked why the neighbors were not notified.

�Mrs. Bobst said that there is no requirement to notify. On June 8, for the meeting with AT&T to discuss the buildout, those residents whose properties would be impacted by the equipment buildout were specifically invited, but there is no requirement to notify when the company is building in the right-of-way. The City is now receiving public comment as citizens are involved.

�Mr. Gollinger mentioned the legislation which was passed by the House of Representatives in Washington, D.C. He said this bill is an opportunity for video providers to be competitive. Mr. Kucinich voted against the bill which is still in the Senate, and Mr. Gollinger suggested that residents may express their concern to senators about what buildout does to neighborhoods.

�Mrs. Bobst clarified the point that this legislation is a competitive video franchise agreement which will provide for a 5% franchise fee and 1% PEG. This is a separate issue from the buildout. This is why the Administration is working on right-of-way legislation.

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

Mr. Hurtuk then announced that Council will call a Special Meeting this Thursday, June 29 at 5:00 p.m. in the David J. Cook Council Chambers to vote on legislation appointing Pamela E. Bobst to serve as Mayor, filling the current term until December, 2007 as provided in the Charter of the City, Article II, Section 4. Since Mrs. Bartolozzi will be out of the state on that date, he asked if she had any comments. Mrs. Bartolozzi cited Mrs. Bobst's many qualifications and the fine job she has done. She said that were she not going out of state, Mrs. Bobst would certainly have her vote.

Mr. Hurtuk explained that there would be six Council members present which would allow a suspension of the three-read rule.

If the legislation passes, on June 29 Council will be charged with the responsibility of filling the seat vacated by Mrs. Bobst. He asked the press to publicize the opening and to announce that resumes for any interested and qualified resident will be accepted by the Clerk of Council until 4:00 p.m. on Wednesday, July 12, 2006. The interview process with individuals who apply will begin on July 17. By Charter, Council must act within 30 days.

Once more Acting President Hurtuk reminded all that the next meeting of the Committee-of-the-Whole and the Legislative Meeting will be on July 10 at 7:00 and 8:00 p.m. respectively. There will be no meeting on July 3.

As there was no further business by members of Council, the meeting was adjourned at 10:09 p.m.

______________________________ _______________________________

Brian A. Hurtuk Misao Kurokawa

Acting President of Council Clerk of Council