CITY OF ROCKY RIVER

OCTOBER 8, 2007

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

in the David J. Cook Council Chambers.

Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mr. Hurtuk,

Mrs. Bartolozzi, Mr. Long, Mr. Hagan

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

Law Director: Mr. Bemer

Press: Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Hagan, seconded by Mr. Hunt, that the reading of the minutes of the Legislative Meeting and Executive Session of September 24 and the minutes of the meeting of the Committee-of-the-Whole of October 1 be waived, and that the minutes be accepted as submitted.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MAYOR'S REPORT:

Next Monday, several members of the Administration and the Law Director will attend a three-hour training session on the new public records law. This required session will help City Hall keep abreast of the new law which went into effect October 1. The Law Director has issued policy for the City so that it will be in compliance with the new law.

The Chamber of Commerce Business to Business Expo will be Thursday, October 11. Since it is almost a sellout already, it promises to be a very successful event, both for participating businesses and those who attend. The Expo will be held from 2 p.m. to 7 p.m. at the Don Umerley Civic Center.

This is Homecoming Weekend and there will be many high school festivities, including a dinner, the parade, the football game and the dance on Saturday.

On Thursday, October 11, there will be a Blue Mass at St. Angela's. The City's safety forces will participate, and all are invited to attend. This mass is to thank the men and women who serve the community in the safety forces.

The Service Department reports that the leaf machines are ready to go. They are already working on salt spreaders in anticipation of the winter season.

Tomorrow, 900 flu shots will be administered at the Senior Center. The Mayor noted that this must be a record number.

Right-of-way legislation is under consideration and will be discussed by the Law Director. A draft is almost ready for presentation to Council.

City Music Cleveland will perform at Rocky River Presbyterian Church on Sunday, October 14 at 7:30 p.m. This is a free concert for the entire community, and all are encouraged to attend with family and friends.

Last Saturday's shredding day set another all-time record with 100 cars in line and 3800 lbs. of material shredded. The Mayor commented that with today's concern about identity theft, she was pleased that residents see this as a valuable service and are making use of it.

Discussion: Mr. Moran asked about the time of the Blue Mass on October 11. The Mayor responded that it will be at l:15.

LAW DIRECTOR'S REPORT:

Mr. Bemer indicated that he has completed the draft of the right-of-way legislation. It has been subject to review by the Mayor, the Safety-Service Director, the City Engineer and the Building Department. Tomorrow morning he will meet with Commissioner Beirne and following that meeting, he will draft the ordinance for packets next week.

The Law Director has also prepared a public records disclosure policy as well as a sample posting which is required by the new law which amends the open records act. That law was passed last February and became effective October 1. All public officials who deal with disclosure of records or who are records custodians are obligated to attend a three-hour session. He has already attended the six-hour session in August, but he will attend the upcoming seminar to be certain that Rocky River's policy is consistent with others in the domain.

Next Tuesday, October 16, Detectives Gulas and Carlson will accompany the Law Director to Columbus to be present at an appeal of the Board of Liquor Control's rejection of the Shell Oil application for a liquor permit. The notice was late in coming, but it was confirmed last week.

The City receives e-mail notification from the sheriff's office of sexual predators in the community. One such communication was received last Friday morning. The schools had received calls by 9:00 a.m. Following procedure, as soon as the communication was received, the Law Department called the Police Department, who in turn contacted the probation officer for the offender. This individual had moved into the Golden Oaks area of River Oaks, but by the end of the day, he had gone to other housing outside the community. Detective Carlson took the lead in contacting the probation officer and following through with the investigation.

In this political season, signs may be an issue. Earlier this year, Council passed legislation restricting the posting of signs. All candidates for public office have received a letter from Director Linden's office concerning the number of signs permitted and other regulations. Mr. Bemer composed a letter which was sent today to property owners where polling places are located to inform them of Board of Election obligations to maintain a 100' radius around the polling place accesses as well as City regulations regarding the right-of-way and City property. In the past, the City has received calls about signage on Election Day. Mr. Bemer indicated that it is the prerogative of the property owner to choose to permit signs outside the 100' radius of the flags, and City assistance will be available to remove signs if they wish to prohibit them. One other letter will be sent by the Safety-Service Director's office before the election to inform candidates of the responses from the owners of polling place properties. His aim is to have an orderly election with signs only where they may be legally placed.

Discussion: Mr. Hurtuk asked if outside counsel will be employed for the Shell liquor appeal, and about the future action. Mr. Bemer said that at this point, it would be handled in-house. Following this hearing, the next step would be the Court of Common Pleas.

COMMITTEE REPORTS:

Environmental Committee: Mr. Hunt noted that minutes of the last meeting of the Committee have been distributed and asked for amendments, deletions or corrections.

MOTION:

Moved by Mr. Hunt, seconded by Mr. Gollinger, that the reading of the minutes of the meeting of the Environmental Committee of October 1 be waived, and that the minutes be approved as submitted.

Vote: Hunt - aye Bartolozzi - aye Gollinger - aye

Moran - aye

4 ayes 0 nays PASSED

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Hagan reported that members of Council have been notified of a Public Hearing for a Block Grant application to be held on Monday, October 22 at 7:30 p.m immediately preceding the Council meeting.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 95-07 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE CHANGING CHAPTER 1163 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING PROJECTING SIGNS AND TEMPORARY BUSINESS SIGNS, BY AMENDING SECTIONS 1163.01, 1163.04, 1163.05, 1163.06 1163.09, AND 1163.11 AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Mr. Gollinger mentioned that there has been considerable Council dialogue on this change to the portion of the Codified Ordinances which regulate projecting and temporary portable signs. This ordinance will be forwarded to the Planning Commission for review at its next meeting.

There were no requests by members of Council for changes to the Consent Agenda.

ORDINANCES UNDER CONSENT:

ORDINANCE NO. 94-07 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AMENDING SECTION 954.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING CIVIC CENTER RECREATION FEES, AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Mrs. Bartolozzi noted that this ordinance will authorize an adjustment to the rates for seniors to use the walking track only. This issue was discussed in July when the original ordinance was passed, and has been discussed frequently since then. The Parks and Recreation Commission has recommended that the hours for use of the track be expanded for seniors only. All rates will be reviewed and further adjustments may be made in the future

ORDINANCE NO. 96-07 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT FOR TELEPHONE SYSTEMS MAINTENANCE WITH MVD COMMUNICATIONS, LLC FOR A PERIOD OF ONE (1) YEAR AT A COST NOT TO EXCEED $10,260.00

1^ST READING

Mr. Hagan explained that this ordinance will authorize a contract for the maintenance of the City's telephone systems for a year. The company has been servicing the phones for the past three years and has provided excellent service with immediate response when called.

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that the ordinances of the Consent Agenda be read on three separate days be suspended, and that said ordinances be placed upon their passage:

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Long, that the ordinances of the Consent Agenda be passed as read:

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Moran noted that he received a phone call this week from Dan Rosette on Cottonwood Drive thanking Council members for looking out for seniors. Although he has paid for an extended membership, he is pleased that the City is encouraging seniors to be active at the new Recreation Center.

AUDIENCE PARTICIPATION:

Donna Handy, 2797 Pease Drive and Karen Callaghan, 2747 Pease Drive. Ms. Callaghan explained that she and Ms. Handy are on the Board; she as secretary and Ms. Handy as president. They said they have come to ask for assistance because of the noise from the deck of the Rocky River Brewing Company. Last Thursday night, a live band performed and the volume of noise from the band and patrons was such that residents were forced to close their windows. For the last three years since the deck has been added, noise has been increasing, and complaints have been received by the Board from residents, who have also called the police. Ms. Callaghan also pointed out that in the minutes of the meeting of the BZA when the variance for a deck was granted in 2004, the owner of the establishment assured the Board that there would be no band or music on the deck.

Mr. Long asked about the buildings most affected. Ms. Callaghan responded that Manor House, at present. Heritage House will also be affected when residents return.

Mr. Moran also mentioned that Chief Wagner and the police department have spent a great deal of time between June and August in an effort to stop fireworks at Goldwood School. He asked if there are still problems.

• Ms. Callaghan said that noise from fireworks has decreased dramatically, but can be heard occasionally. The police have done an excellent job by placing the area under surveillance and responding quickly when called. She said that they discovered that those who shot the fireworks came from Hilliard Road and they found an area behind the shrubbery in the northeast corner of fencing had a gap below the fence large enough to permit a youngster to crawl under. She suggested filling in the hole and fixing the fence to prevent entrance to the schoolyard.

Mr. Moran said that they would continue to monitor that situation.

As there was no further business by members of Council, the meeting was adjourned at 8:25 p.m.

_____________________________ _______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council