DRAFT

CITY OF ROCKY RIVER

OCTOBER 6, 2003

The Special Meeting of Council was called to order by Mrs. Bobst, President of Council at 8:00 p.m.

Council Members Present: Mr. Gollinger, Mr. Frost, Mr. Malling, Mr. Potterfield

Mr. Hurtuk, Mrs. Bobst

Administration: Mayor Knoble, Mr. Linden, Ms. Wollenzier, Mr. Beirne

Law Director: Mr. Matty

Press: Mr. Dzurick

The meeting was opened with the Pledge of Allegiance.

Mrs. Bobst began the meeting by acknowledging the presence of the Bartolozzi family, including Mrs. Bartolozzi, Mrs. Linda Bartolozzi, Jeff and Tori, and Mr. and Mrs. Smorowski. She then expressed her thoughts in a brief eulogy for Councilmember Jim Bartolozzi whose untimely passing has saddened the community. She further expressed the community's sympathy to the Bartolozzi family.

AUDIENCE PARTICIPATION: NONE

RESOLUTION NO. 169-03 BY MAYOR WILLIAM F. KNOBLE, LAW

DIRECTOR DAVID J. MATTY AND ALL MEMBERS OF COUNCIL A RESOLUTION COMMEMORATING JAMES J. BARTOLOZZI, COUNCILMAN AT LARGE

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Malling, Mr. Gollinger and Mr. Hurtuk, that the rule requiring that Resolution No.169-03 be read on three separate days be suspended, and that Resolution No. 169-03 be placed upon its passage:

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Hurtuk, that Resolution No. 169-03 be passed as read:

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 170-03 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE APPOINTING LINDA S. BARTOLOZZI AS COUNCILMEMBER, AT LARGE, OF THE CITY OF ROCKY RIVER

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Malling, Mr. Gollinger and Mr. Hurtuk, that the rule requiring that Ordinance No.170-03 be read on three separate days be suspended, and that Ordinance No. 170-03 be placed upon its passage:

Discussion: Mrs. Bobst was pleased to have Mrs. Bartolozzi step forward to fill the unexpired term from October 6 to December 31, 2003. She indicated that there should be no delay so that the post can be filled this evening.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Hurtuk, that Ordinance No. 170-03 be passed as read:

Discussion: Mrs. Bobst noted that Mrs. Bartolozzi has participated in many volunteer activities and has been very active in the life of the community. She will bring her insights and perspectives to the position. Mr. Hurtuk praised the beautifully written and elegantly stated thoughts of President Bobst. He added that, as Mr. Bartolozzi's life partner, Mrs. Bartolozzi contributed to what made up her husband and stated that this strong and remarkable person will add to our Council. Mr. Gollinger acknowledged that he will miss the supportive gentleman who shared his side of the Council table. Mrs. Bartolozzi has an impressive resume; she has been an asset to the community and will be an asset to this body. Mr. Frost wholeheartedly supports the appointment, and thanked Mrs. Bartolozzi for being willing to step forward to help her community.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

At this point, Mrs. Bobst stepped forward with other elected officials and administered the oath of office to Mrs. Bartolozzi, who then took her place at a Council desk.

ORDINANCE NO. 171-03 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY SERVICE TO PURCHASE A COMPUTER OPERATED FINGER PRINTING SCANNER SYSTEM FOR THE POLICE DEPARTMENT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM CROSS MATCH TECHNOLOGIES, INC. AT A TOTAL COST NOT TO EXCEED $12,417.38 AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Moved by Mr. Hurtuk, seconded by Mr. Malling, that the rule requiring that Ordinance No.171-03 be read on three separate days be suspended, and that Ordinance No.171-03 be placed upon its passage:

Discussion: Mr. Hurtuk explained that this equipment is an important part of the daily operation of the Police Department, and that he would like to move forward expeditiously.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mr. Gollinger and Mr. Malling, that Ordinance No. 171-03 be passed as read:

Discussion: This equipment would enable the Police Department to transmit fingerprints instantly to BCI and then to the FBI. This means that identification could be made in hours instead of days. Mayor Knoble explained that this equipment has been under discussion for some time, but it is being brought forward as an ordinance now because the Finance Director noted that a major component of the system is a desktop computer so an ordinance is necessary. It is best purchased now so that it can be integrated with the new computer system being installed.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye Bobst - aye

7 ayes 0 nays PASSED

As a final order of business, Mrs. Bobst noted that it was necessary for Council to elect a new President pro tem to preside at meetings in the absence of the President as outlined in Article III, Section 4 of the Charter. Councilman Hurtuk nominated Councilman Malling, citing his long experience and knowledge of matters financial. The nomination was seconded by Mr. Gollinger. Mrs. Bobst closed the nominations.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that Council accept the nomination of Mr. Hurtuk and elect Mr. Malling President pro tem.

Discussion: Mr. Malling accepted the nomination.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye Bobst - aye

7 ayes 0 nays PASSED

The meeting was adjourned at 8:27 p.m.

__________________________________ _____________________________

Pamela E. Bobst Misao Kurokawa

President of Council Clerk of Council

Please note: This is a draft copy of the minutes of the Special Meeting of October 6, 2003. These minutes may be amended or revised at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

OCTOBER 6, 2003

The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 8:34 p.m.

Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Malling,

Mrs. Bartolozzi, Mr. Hurtuk, Mrs. Bobst

Administration: Mayor Knoble, Mr. Linden, Mr. Beirne

Law Director: Mr. Matty

Press: Mr. Dzurick

Because the City's Building Commissioner, Mr. Beirne, was in attendance, corner lot setbacks, scheduled under Miscellaneous Business, was the first matter raised. Mrs. Bobst recognized Mr. Potterfield, Chairman of Council's Planning and Zoning Committee. Mr. Potterfield, in turn, noted that several questions had been raised on this subject some time ago, and turned to Mr. Beirne.

Mr. Beirne indicated that about a year ago, Mr. Smerigan, our consultant, had drafted a setback map with recommended requirements. Mr. Beirne stated that he has seen very few housing requests for variances of the existing regulations in the last 25 years. There have, however, been several requests to place fences within the setback.

Redevelopment in our City, particularly in "tangletown" with its corner lots which protrude, may affect the sight lines of abutting property owners and those further down the street. The proposed setback map would modify some requirements to make them more uniform. Mr. Beirne added that Council can go forward with the map proposed by Mr. Smerigan or continue with the 50% sideyard setback currently in effect. In any case, he has had only one question in the past year (in "tangletown").

• •Mr. Frost stated that Council should be certain that non-buildable lots are not created by any new legislation. He suggested that a map would be easier for residents to access. He asked if the Building Commissioner would find it easier to work from a map rather than multiple documents. Mr. Beirne responded that it would. He cautioned, however, that many subdivisions are recorded with other setbacks, and that could create a future problem. He noted that there have been only 5 or 6 building projects in 20 years where a corner setback was an issue, although fences occur on a more regular basis, perhaps 5 or 6 per year.



• •Mrs. Bobst wondered if fences should be excluded from the setback requirement. Mr. Matty suggested that rather than excluding them, that Council may want to consider the variance review, pointing out that there are some types of fences that also interfere with the line of sight if placed next to the sidewalk. By using the current system, Council can still review any decision of the BZA if it wishes.



• •Mr. Potterfield asked if the present formula is flexible. Mr. Beirne observed that the combination of the map and the 50% setback requirement does confuse some residents. Mr. Potterfield wondered if changing to the Smerigan map would eliminate the right of some homeowners to build on their properties.

• •The Mayor remarked that he favored defined setbacks. He suggested that instead of decreasing the side yard setback, if the rear yard setback were decreased by the same amount, the homeowner could still expand, but the appearance of the neighborhoods would be preserved.



• •Mr. Beirne was asked if we can adapt the map to encompass today's formula so that only a setback map needs to be used. Mr. Beirne felt that if a setback map were combined with a GIS map and the formula, adjusting to the most liberal, 50% or the setback, then only one piece of paper would be required. The map could be on the internet so that residents can have instant access.



• •Mrs. Bobst asked Mr. Beirne to work with Mr. Potterfield's committee for the best solution.



• •Mr. Malling urged Council not to lose sight of the issues of line of sight, redevelopment, and other needs of residents.



• •The Mayor pointed out that only two projects had really brought this issue to the forefront: houses at the intersection of Parklawn and Avalon and at Frazier and Roslyn. Although there may have been others, those two raised the issues of esthetics and line of sight. Mr. Frost added that another had been Aberdeen and Park Lawn. Mr. Frost noted that although this does not happen often, it might be better to have a solution before there is a problem.



• •Mr. Matty cautioned that there is a silent property owner, the corner lot owner. Before going toward further restriction, he would advise some planning backup for that restriction because of the potential for challenge. It is particularly necessary to have solid planning advice to be sure regulations are within reason, and within reason for a city with small lots.

MAYOR'S REPORT:

An open house will be held at Elmwood Cabin on Tuesday, October 7. The dedication will be at 5:00 p.m., and the cabin will be open from 5 p.m until 7 p.m. A successful fundraising clambake has already been held and was attended by the Mayor with Mr. Gollinger, Mr. Hurtuk and Mrs. Bobst. At that event, 100 people were seated for dinner. The Mayor is hoping for a good turnout for the open house.

The Mayor then turned to the topic of NOPEC, which has created questions on the minds of many residents, judging by the 50+ calls received by his office following the article in The Plain Dealer.

In November, 2001, City Council placed electric aggregation on the ballot. It passed, and based upon information that better rates could be obtained when combining both gas and electricity, in November, 2002, the voters passed gas aggregation. At this point, the search for suppliers began. The NOPEC 2003 rates appeared to be the best deal, particularly because there were no administrative costs or even mailing costs. All the paperwork would be handled by NOPEC.

As the issue developed further, NOPEC sent a letter, under the Mayor's signature, saying that they would send an opt-out ballot, and promising 5% savings on the gas supply portion. At this point, our residents began to search different websites, notably PUCO and the Ohio Consumers Council From that information, they called City Hall to say that it would actually cost more to go with Nopec than to maintain Dominion East Ohio as their supplier. Residents already with a third supplier would not receive an opt-out letter. Those wishing to be in NOPEC should do nothing, but those wishing to opt out must have done so by today. These conditions generated many phone calls and e-mails.

The situation became more complicated when it became known that Dominion East Ohio was permitted to charge transportation fees to those residents switching to a third party supplier. These costs were added to gas supply costs. Delivery costs are fixed for 12 months. This situation caused consternation among the 8 new communities who had enrolled in NOPEC, and NOPEC's attorney, Glen Krassen, undertook negotiations with IGS, the supplier. As of late Friday, the Mayor received a message that NOPEC's rate will be $6.13 for the month of November. When the transportation charge is added, it will still be a 5% discount over the rate currently charged by Dominion East Ohio. A mailing is being prepared which will offer a $6.89 fixes rate through October, 2004 with the option that the agreement can be cancelled by the resident through January 14, 2004. IGS and NOPEC are currently negotiating for December and January rates. Dominion will adjust its rates quarterly.

Mr. Hurtuk suggested that it would be sensible to invite a NOPEC representative to answer questions about the plan.

The Mayor wished to publicly thank Gretchen Burt, his assistant, for fielding most of the resident phone calls on the subject.

In other matters, the Board of Health reported that our City had not recorded any tobacco sales to minors in a recent testing.

Cox Cable is reinstating Bravo in its schedule.

UNFINISHED BUSINESS:

Ordinance No.155-03: Mrs. Bobst reported that the Administration is currently amending this ordinance.

Ordinance No. 161-03; Mr. Frost reported that he has had no comment from the school board or the superintendent whom he informed of Council's intent to review the right turns on red included in this ordinance. He has had a request, however, to add the intersection of Avalon and Lake (eastern end, in front of the Lake Road Market).

MISCELLANEOUS BUSINESS:

Open Burning Regulations: Mr. Frost presented a first draft to revise the City's ordinance. Overall, this would bring the City into conformance with the state fire code. The current code does not provide any enforcement tools for burning considered a nuisance. This draft addresses that problem. No specific appliance is outlawed, but specific definitions are much clearer on what requirements must be met for appliances that are permitted for food. Definitions are clarified, and distances from structures are shored up. Penalties may be increased from minor misdemeanor to first degree misdemeanor. This version is for discussion, after which an ordinance will be drafted.

• •Mr. Potterfield asked if a judge would be able to levy a less severe penalty than those mentioned in the draft. Mr. Matty affirmed this, noting that this would give the judge a wider range of discretion.

Portable Freestanding Signs: The Mayor acknowledged that, tastefully, done, he had no objection to these signs often used by small businesses. They should not be overly large, pose a safety hazard, or be displayed outside business hours.

• •Mrs. Bobst asked Mr. Potterfield to work with the administration and bring an ordinance to Council

COMMITTEE REPORTS:

SAFE Committee: Members of this organization as well as some non-members met with John Mok, Director of Cleveland Hopkins Airport. Representing our City were Mr. Gollinger, Mayor Knoble and Law Director Matty. Under discussion was noise which impacts cities surrounding the airport. A new system has been implemented for a 90-day trial which monitors all aircraft, arriving and departing so that if there is disturbing noise, residents can, by noting the time, enable the airport to track down the specific aircraft which was not in compliance with the regulations. . It was suggested that the airlines be approached to see if they will underwrite the costs. Although not optimistic, Mr. Mok will approach the airlines and report back to SAFE members. The noise hotline number is (216) 898-5220, and the information required are the time and location of the noise.

NEW BUSINESS:

Resolution No. 166-03: This resolution requests that certain changes be made to the plans for the rehabilitation of Hilliard Blvd. The City agrees to pay up to 50% of the increased costs, and the Mayor estimates the total cost to the City will be $500,000. This will include a center median strip east of Joe's Deli to Valley View. This project would be done in 2004.

Ordinance No. 167-03: This will settle a disagreement over sick leave accrual.

Ordinance No. 168-03: This authorizes payment of annual bank fees for the Rocky River Municipal Court. Mr. Malling voiced his intention to proceed and ask for passage of all three ordinances next week.

COMMUNICATIONS AND ANNOUNCEMENTS:

On Tuesday, October 7, at 5:00 p.m. the dedication of Elmwood Cabin will be held followed by an Open House until 7:00 p.m.

On Friday a Business to Business Expo will be held at the Civic Center from 2:30 to 7:30 p.m. Admission is free.

MAYOR'S REPORT, CONTINUED

The Mayor reported that bids were opened last week for a Rocky River family aquatic center and proved to be about where estimated. The specifications included more than just the new facility, including a new roof and other updating. The lowest bid received was $2,033,000. The Mayor pointed out that this is a 210-day project and if the City is to have a pool opening on June 1, it must be started by November 1. Mr. Patterson does not want to lose two months of pool use.

The Mayor noted that an ordinance authorizing funds (notes and/or bonds) must precede an ordinance authorizing the actual construction of the pool.

The Mayor then distributed a list of capital projects which originally appeared in the proposed budget passed by Council and a revised list showing what changes have been made to date and 2004 planned projects. The Mayor noted that when he distributed the original list of 2003 capital projects, he had stated that changes were inevitable as the year progressed, based on circumstances. On the revised lists were many water, sewer and paving projects. The Mayor reiterated the Administration's policy of replacing water and/or sewer lines under City streets being repaved so that the newly-paved streets need not be destroyed for repairs. The Administration favors the issuance of long-term bond to finance a family aquatic center, but the passage of the bond authorization need not be used if pool construction does not go forward.

Mrs. Bobst confirmed that there is no short-term debt at present. Additionally, some funds will be recouped when the Lake Road property is sold

The Mayor confirmed that the City is well within its ability to handle this amount. He stated that he is in favor of the family aquatic center and recommends that we move forward. If Council does not favor it at this time, it can be done next year. Our receipts are holding at the projected level, i.e. Court receipts are sufficient to meet their note, income and property taxes are as projected. Expenditures plus encumbrances to date are at 58.4% of our appropriations.

• •Mr. Malling asked several questions to clarify the capital projects sheets, noting that some proposed projects remain to be completed. He said that because 2004 is an unknown, he favored placing the City's priority on infrastructure projects such as sewers, paving and water lines. The Mayor pointed out that the City is tackling major streets next year (Hilliard and Wooster) and that because of traffic concerns, it is not possible to tear up too many streets at one time.



• •Mr. Hurtuk acknowledged that he had favored borrowing months ago when the budget was passed, but notes were not taken out at that time. All 2004 projects are crucial, but amenities for residents are also important, so he will study the issues further during the week.



• •Mr. Malling feels that before approving expenditures for the pool, Council should commit to all necessary infrastructure improvements.



• •Mr. Frost asked about current indebtedness: Mayor Knoble explained that the City has the following:
• • Various bonds, 2014 $4.7 million

Erosion control A, 2025 $812,850 (repaid by property owners)

Erosion control B 2025 $563,962 (repaid by property owners)

Court facility 2027 $6,281,000 (repaid by Court funds)

Sanitary sewers 2020 $487,757

Also, there are some joint venture bonds for the WWTP which are being repaid by all cities, and some very old notes for the Police & Firemen's Pension Fund

• •Mr. Frost then reminded Council that it may be possible to apply for grants and interest-free loans to help finance some of the infrastructure projects, but not the aquatic center.



• •Mrs. Bobst commented that the aquatic center is an important project, but that Council

would want to know if that construction would mean that a sewer project would not be done. This is not what Council is being told.

She urged members to study budget and pool materials this week so that a decision can be reached at the next meeting.

As there was no further business by Council members, the meeting was adjourned at 10:22 p.m.

____________________________ _______________________________

Pamela E. Bobst Misao Kurokawa

President of Council Clerk of Council

Please note: This is a draft copy of the minutes of the Committee-of-the-Whole of October 6, 2003. These minutes may be revised or amended at the next Legislative Meeting.