CITY OF ROCKY RIVER

SEPTEMBER 25, 2006

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

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

Mr. Long, Mr. Hagan

Absent: Mr. Hurtuk

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

Law Director: Mr. Bemer

Press: Mrs. McKenzie, Ms. Mitchell

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the reading of the minutes of the Legislative Meeting and Executive Session of September 11 and the meeting of the Committee-of-the-Whole of September 18 be waived, and that the minutes be accepted as submitted.

Vote: Gollinger - aye Moran - aye Hunt - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

MAYOR'S REPORT:

The Community Emergency Response Team (CERT) has scheduled a search and rescue demonstration in the Metroparks for 9 a.m. on Saturday, October 2l. Individuals interested in participating should call Fire Chief Flynn. The group will meet at the foot of Wooster Hill at

9:00 a.m. for training on that date. The search and rescue exercise will be conducted in the afternoon.

Last week the Mayor attended a meeting at the airport with Airport Director Ricky Smith. Councilman Gollinger, as well as many mayors and council members, were also in attendance. Mayor Bobst noted that it will come as no surprise to residents of Ward 4 that since June, air traffic over the City has increased. A project entitled Midwest Airspace Enhancement, created to handle air traffic congestion has resulted in additional air traffic, particularly over Fairview Park and Rocky River. This is a concern for all cities, including Cleveland, whose staff representatives were present. One positive side to this is the fact that air traffic, diminished since 9/11 five years ago, seems to be returning to former levels. This also means increases during evening and nighttime hours. Officials from the airport and the FAA are meeting in Chicago to discuss these issues.

The Mayor urged residents to call the hotline with noise information and complaints, noting that it is extremely important data so that officials know the extent of the noise and can address the issue with the airlines. The number to call with the time and location of the noise is (216) 898-5220. At present, this is the best course of action as we wait to hear recommendations for addressing noise issues and/or redirecting air traffic.

The Mayor attended the afternoon service at the West Shore Unitarian Church dedicating its new facility. The church thanked the Administration, particularly Mayor Knoble, Mr. Linden and Mr. Beirne, as well as the contractor. It has been a very successful project, and the Mayor wished them continued success, noting that they have constructed a wonderful community gathering place.

• Mr. Hagan attended the Unitarian Church in the morning for its service and dedication of the building. He noted that several past ministers participated in the service and he praised the new facility, saying that it was nicely done. He wondered if it would again be a voting location.

Council members have received an update on commercial and economic development. It includes many new exciting projects.

An article in today's Crain's Cleveland Business discusses the return to work of many retirees. Featured are Rocky River's John Lonsak and the Bridgeworks program at the Senior Center.

The report from the Board of Health has also been received. This comprehensive report includes figures on the many diverse services it offers.

Fire Prevention Officer Rob Crowe has been meeting with Building Maintenance Engineer Emil Rosol and Recreation Director Patterson at the Don Umerley Civic Center. He has recommended, that for safety reasons, a storage area be added adjacent to the main building. Contracts will be coming to Council shortly.

The Senior Center has received two checks:

• One came from the Rocky River Democratic/Republican parties, who collaborated last June in a Fun Run. Proceeds were split among the Senior Center transportation services, Meals on Wheels, and the Education Foundation for a scholarship. Each group received $800.
• The second check, for $7500, was received from the Giant Eagle Foundation, also for transportation services.

LAW DIRECTOR'S REPORT:

Mr. Bemer indicated that he had spoken today with his law partner in Bay Village who has just returned from a Portland, Oregon conference of the International Municipal Lawyers Association. He said that about one-third of the time was spent discussing the telecommunications controversy regarding AT&T's buildout and associated issues. Part of the controversy is whether AT&T is a telecommunications network or a cable provider and the impact of their rights and responsibilities on the citizens of the country.

Several thoughts came out of this conference:

• There is no anticipation that Congress will pass anything, although under discussion is the immediate elimination of local franchising. In the absence of action, it is anticipated that the FCC will act in its stead and it could name AT&T equivalent to a cable network.



• Texas and California have already abolished rights of the local government in granting of cable franchises.



• In Illinois, through a series of 7 or 8 lawsuits, some municipalities have, for now, succeeded in a moratorium on further buildout.

Rocky River is not alone in addressing cable franchising and the buildout of AT&T. Mr. Bemer anticipates some action regarding right-of-way legislation, but believes there has been no contact with AT&T recently.

Discussion: Mr. Long asked if Ohio has enacted any legislation in an attempt to regulate this situation. Mr. Bemer said that he does not believe that there is anything pending in our legislature, either denominating AT&T as a cable company or abolishing local franchise rights.

In response to Council inquiry, Mayor Bobst confirmed that AT&T has made no further contact with the City regarding Project Lightspeed.

COMMITTEE REPORTS:

Parks and Recreation Commission: Mrs. Bartolozzi reported that the commission met last Wednesday and approved increased fees of $5 per player for basketball in grades 2-8. The rate for dodgeball teams will increase from $100 to $150. With 8-10 players per team, it will amount to an average increase of $5 per player. The commission also approved adding a course in aikido for ages 12 to adult. A discount policy was also approved for families when an additional family member participates in an activity.

• Mr. Gollinger asked for further details on the aikido program. Mrs. Bartolozzi explained that it is a less aggressive martial art of self-defense. Further details were supplied by Director Patterson.

S.A.F.E.: Mr. Gollinger enlarged on the Mayor's S.A.F.E. meeting report. He noted that the FAA representative indicated that a portion of the increased noise could be due to the fact that in August, most of the prevailing winds were from the north. The Airport Director also pointed out that Continental Airlines has added six daily flights to the West Coast. These are usually full and turn over our City. Mr. Gollinger said that when aircraft reach 5000 ft., they are directed to maintain a 360 degree course. Previously, he recalled that the heading was 10 degrees. Mr. Matty, S.A.F.E. Counsel, will look into that. The number of complaints from Rocky River has increased, but overall is not too serious. The City was third last month and fourth during the period from January 1 through September 15 (17 calls by 9 persons). He reiterated the Mayor's advice to note the time and call the hotline with complaints.

• Mr. Moran asked if there was a connection between the increased noise and the appointment of a new airport director. Mr. Gollinger said that he did not make that association, and that the new director has appointed someone to be responsible for noise complaints and to work with suburban neighbors.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 111-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF PUBLIC SAFETY- SERVICE TO ENTER INTO A CONTRACT WITH BROOKSIDE LAWN SERVICES, INC. FOR THE 2006 STREETSCAPE RAILROAD SCREENING PROGRAM AT A COST NOT TO EXCEED $54,795.00

1^ST READING

Moved by Mr. Hagan. seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 111-06 be read on three separate days be suspended, and that Ordinance No. 111-06 be placed upon its passage:

Discussion: Mr. Hagan explained that this is the second phase of the Streetscape Program, specifically for railroad screening. It was explained by Mr. Koran, who also provided a map for Council members of the affected area. Since the monies are available, Mr. Hagan indicated that he saw no reason to delay.

Vote: Gollinger - aye Moran - aye Hunt - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Gollinger, that Ordinance No. 111-06 be passed as read:

Discussion: The area to be landscaped is the south marginal of Lake Road next to the railroad tracks. The project will consist of cleaning up, removing debris and making new plantings, placing benches, trash receptacles, etc.

Vote: Gollinger - aye Moran - aye Hunt - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 112-06 BY BRIAN A. HURTUK

AN ORDINANCE APPROVING CERTAIN FUND TRANSFERS FROM THE GENERAL FUND TO VARIOUS OTHER FUNDS AND DECLARING AN EMERGENCY

1^ST READING

This ordinance is on first read and will be discussed further at next week's meeting of the Committee-of-the-Whole.

ORDINANCE NO. 113-06 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO PAY GREAT LAKES MECHANICAL CORPORATION FOR HVAC SERVICES NEEDED BY THE CITY OF ROCKY RIVER AT THE HAMILTON ICE ARENA AT A COST NOT TO EXCEED $6,628.40

1^ST READING

MOTION:

Moved by Mrs. Bartolozzi, seconded by Mr. Long, that Ordinance No. 113-06 be amended by deleting HVAC in the title and the body of the ordinance and replacing it with "refrigeration system".

Vote: Gollinger - aye Moran - aye Hunt - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 113-06 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO PAY GREAT LAKES MECHANICAL CORPORATION FOR REFRIGERATION SYSTEM SERVICES NEEDED BY THE CITY OF ROCKY RIVER AT THE HAMILTON ICE ARENA AT A COST NOT TO EXCEED $6,628.40

1^ST READING

Moved by Mrs. Bartolozzi, seconded by Mr. Long, that the rule requiring that Amended Ordinance No. 113-06 be read on three separate days be suspended, and that Amended Ordinance No. 113-06 be placed upon its passage:

Discussion: Mrs. Bartolozzi explained that the work has been satisfactorily done, so there is no need to delay payment.

Vote: Gollinger - aye Moran - aye Hunt - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

Moved by Mrs. Bartolozzi, seconded by Mr. Long, that Amended Ordinance No. 113-06 be passed as read:

Discussion: Recreation Director Patterson came forward to give some background on the needed repair, and the good news that it was not as serious as first thought. The system is up and running, and is functioning well.

Vote: Gollinger - aye Moran - aye Hunt - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Gollinger mentioned that the BZA will hear the Steelhead Cove appeal at a special meeting on Wednesday at 6:00 p.m. He plans to attend and invited others interested to do so also.

AUDIENCE PARTICIPATION:

Edmund Abel, 345 S. Island Drive, spoke of a "double standard in Rocky River", a situation he says has existed for 20 years with no action. He said that for years the basin area has had broken curbs and narrow streets, unlike the rest of Rocky River.

Now it is being cosmetically addressed with rubble removal, but the main artery, Yacht Club Drive, is too narrow in many spots. He said that this is dangerous and substandard, and not in keeping with the City's subdivision rules which are not subject to variance, as they deal with health and safety issues. He has heard that a new development has been approved for the south end, but the Mayor indicated that as yet, nothing has been approved. Mr. Abel continued, saying that three developments have been approved in the past although they have not met the requirements of Section 1111.02 or .03 of the Development Code.

• Mr. Hagan said that the City has been aware of the problem for some time and is trying to address issues regarding the narrow road. An engineering firm is currently conducting stability studies to be certain that the hillside can handle improvements.

Mr. Abel stated that he hoped a copy of the Development Code is given to members of the City's Boards and Commissions because in the past, the rules have not been followed.

As there was no further business by members of Council, the meeting was adjourned at 8:46 p.m.

______________________________ _______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council