CITY OF ROCKY RIVER

JULY 27, 2009

The Regular Meeting of Council was called to order by Mr. Moran, President of Council, at 8:00 p.m. in the David J. Cook Council Chambers.

Council Members Present: Mr. Mylen, Mr. Furry, Mr. Long, Mr. Moran

Absent: Mr. Hunt, Mr. Shepherd, Mrs. Arabian Whitman

Administration: Mr. Linden, Mr. Thomas

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the Legislative Meeting of July 13 be waived, and that the minutes be accepted as submitted.

Vote: Mylen - aye Furry - aye Long - aye Moran - aye

4 ayes 0 nays PASSED

MAYOR'S REPORT: NONE

LAW DIRECTOR'S REPORT:

Mr. Bemer began by explaining that the City is a member of NOPEC (Northeast Ohio Public Energy Council), the natural gas and electric consortium which has recently communicated with residents about the electric component of the program and prompted their questions. He has explained that NOPEC negotiates energy prices for the 126 member cities signatory to the agreement, and all residents of Rocky River are automatically included unless they opt out.

The most recent communication is a notification of the deadline to opt out of the electricity consortium, August 4. The agreement to be a participant in the consortium binds each resident who utilizes services for three years (electricity) or two years (gas), but a resident who opts out is free to negotiate on the open market with any other energy providers. However, this means that residents who opt out must be diligent in selecting the right provider from information on the PUCO website or newspaper and noting any terms to obtain the best rates, as some rates are only for specified periods and some are variable and can fluctuate.

NOPEC's aim is to assist the consumer who does not have the time or interest to keep an eye on the market rates and to provide a stable rate during the two or three year agreement period. Their rates are competitive, although not necessarily the best. The current offering for electric rates is for an 18-month period of notice. Mr. Bemer reminded residents that if they do not opt out, they are signing up for a three-year period for electricity service. During the 18-month period which will last until January, 2011,the rate changes every six months. He suggested that information be placed on the website to inform residents of the facts of aggregation.

• Mr. Moran pointed out that a simple explanation on the website may be difficult. Many rates and plans are available, and some have rates lower than NOPEC.



• Mr. Bemer agreed, noting that much of his time had gone into his full comprehension of the plan. He added that he had been further confused by information from the Business Section of Saturday's Plain Dealer which listed NOPEC's rate and two from First Energy, one of which was for another consortium. He said that residents who opt out will need to select another provider for either a fixed term and rate or a variable rate. However, residents must be mindful that if they fail to maintain a fixed rate agreement with a supplier, the default variable rate can be expensive.



• Mr. Moran suggested the possibility of a program at the Senior Center to explain the details of the plan to the community's seniors.



• Mr. Mylen asked if the City is part of NOPEC for its energy needs. Mr. Bemer responded that it is not.

COMMITTEE REPORTS: PLANNING, ZONING AND ECONOMIC DEVELOPMENT COMMITTEE UPDATE:

Mr. Long, Chairman of the Planning, Zoning and Economic Development Committee, indicated that his committee consists of Council President Moran, Councilman Mylen and Councilwoman Arabian Whitman.

Mr. Long opened by saying that his is a "quiet" committee because its work takes a long period to develop and ordinances are not presented on a monthly or quarterly basis. His committee's purpose is to insure the appropriate presentation and investigation into ordinances for the City which pertain to its planning, zoning and economic development activities. The committee performs oversight on legislation regarding property parcel rezoning, planning recommendations from the City's Planning Commission or other land use organizations and direction and advice from the City's Economic Development Director. Because of the excellent leadership from city councils and administrations over the years, few ordinances pass through the committee, which reflects the excellent stability enjoyed by the City.

Mr. Long then summarized and explained the committee's legislative activities over the past two years including grant applications, rezonings, the hiring of a consultant to assist in updating the Development Code, Code changes regarding signs, and the Heritage Home Loan Program.

Regarding the Development Code ordinance on the current agenda, Mr. Long explained that the City has realized that it must keep up with surrounding communities and move into the 21^st century. Much of the present Code was developed in the 1970's and 1980's and a great deal was fragmented. Working together with D.B. Hartt, the consultant to update the Code, the City will try to make the Code more organized and user-friendly for developers as well as residents.

In addition, the City's Economic and Community Development Director presents his economic development overview to City Council every quarter in which he highlights the current state of business activity, commercial property utilization, streetscape and other city property enhancements as well as a forecast as to the business health of the City.

Discussion: Mr. Furry asked how many residents have received loans from the Heritage Home Loan Program. Information will be requested upon the Mayor's return.

Mr. Moran thanked all Council members for their committee reports which provide insights into Council's activities and involvement in the City's functions.

Buildings, Equipment and Technology - Mr. Mylen

Contracts - Government and Judicial - Mr. Hunt

Environmental - Mr. Furry

Finance - Mr. Moran

Parks and Recreation - Mrs. Arabian Whitman

Planning, Zoning and Economic Development - Mr. Long

Safety - Mr. Shepherd

COMMUNICATIONS AND ANNOUNCEMENTS:

In the absence of the Mayor, Mr. Mylen reported that the Christmas in July event at the pool was very successful. The bicycle was duly awarded and a good time was had by all. He also mentioned the successful Concert in the Park last Sunday which Mr. Moran confirmed was very well done by Shameless and well-attended by toe-tapping country music fans. Mr. Moran complimented the Recreation Department and Director Mike Patterson for arranging for the concerts which are financed through donations to the Rocky River Parks and Recreation Foundation.

• Mr. Long added that Kiwanis would like to thank ice cream and soda buyers who contributed $244 to Kiwanis coffers for reinvestment in community programs.

Mr. Moran also announced that the Division of Liquor Control has sent a D 3 liquor permit application from Sweet Melissa's for Council review. As the Police Division has done its background check, Council members instructed the Clerk to notify the State that Council does not request a hearing.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 48-09 BY THOMAS T. LONG

AN EMERGENCY ORDINANCE TO AMEND, REORGANIZE OR DELETE VARIOUS TITLES AND CHAPTERS WITHIN PART ELEVEN OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING LAND USE PLANNING AND ZONING AND FURTHER KNOWN AS THE DEVELOPMENT CODE, AND DELETE PART THIRTEEN, BUILDING CODE SECTION 1331.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER

Mr. Long stated that this ordinance has been referred to the Planning Commission for review and recommendation. Upon its return, Council will consider the 350-page updated Code.

As stated last week, Mr. Moran reiterated that the proposed Development Code is available for review electronically or in hard copy at $.05 per page.

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION: NONE

Mr. Moran reminded everyone that Council will be in recess until September 8, although a Special Meeting may be called in August. If such a meeting is necessary, date and time will be announced on the City's website.

As there was no further business by members of Council, the meeting was adjourned at 8:26 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council