DRAFT



CITY OF ROCKY RIVER



OCTOBER 10, 2005





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





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

Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

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





Law Director: Mr. Matty





Press: Mrs. McKenzie, Ms. Payne





The meeting was opened with the Pledge of Allegiance. Mrs. Bobst announced that the meeting was being recorded by a resident.



Mrs. Bobst turned to Mr. Frost, Chairman of the Safety Committee, who introduced the evening's guest, Mr. Brendan Sheehan, an Assistant County Prosecutor.



Mr. Sheehan came forward to speak about the Internet Crimes Against Children (ICAC) program. Mr. William Mason, County Prosecutor, appointed him Director of the Ohio ICAC Task Force.. This group has received a federal grant to coordinate cooperative efforts of all levels of government, from the FBI through local police department, to stop predators who use the internet to meet children or to use them for pornography through the internet.



In a power point presentation, Mr. Sheehan presented statistics which showed the large numbers of today's children who use the internet and the dangers they face when approached by predators. He said that in 2005, 75 million youngsters are using the internet; of those, 36% will frequent chat rooms and 60% will receive e-mails from strangers. In those groups, the percentage of sexual solicitation is very high.



To combat this "dark side" of the internet, the ICAC strives to educate the public and police departments. Because predators use chat rooms to lure children, a pattern of the relationships they seek to establish has been outlined: e-mail, then phone calls, then photo exchanges, gifts and finally a meeting proposed with predators sometimes traveling great distances. The task force seeks to intercept predators before they meet with children. Officers in cyber disguise are trained in how to sit in chat rooms and wait to be approached. Officers proceed until the meeting stage and intercept the would-be predators or pornographers. Examples of successful cases emphasized the grave risk to children.



The ICAC has received a $600,000 federal grant to train officers and forensic specialists and to purchase equipment. When a predator is arrested, his computer is seized. Before establishment of this task force, the computer would be sent to BCI and it might take several weeks to get an analysis. With their own forensic specialists, seized computers are immediately examined and evidence is therefore immediately available.



There are 45 task forces throughout the country. Mr. Sheehan is the Director of the Legal Committee for the national board. This task force is in the top tier in educational activities, forensics, and convictions. One aim is education so that the public will know how to get help when they find that their children are in danger. Residents need to be able to call local law enforcement working with the task force.



The national approach is effective because many predators travel great distances to meet children they have lured through the internet. He noted that the FBI profile for this type of offender is a white male, 25 to 45 years old, in mid-to upper class circumstances; often a professional employee with a career which provides access to children. He also has computer skills. The ICAC seeks to stop these people in a three-pronged approach: to be proactive, reactive and to educate children and their parents. Their website is http://www.operationsafetynet.org/



Mr. Sheehan thanked Mr. Matty for bringing his organization to the attention of Council. One purpose in his appearance this evening is to enlist the help of the City and its police department. Participation in the program would mean the commitment of one officer for eight hours each week for training and eventual service to be able to go to a chat room and be actively involved in capturing sexual predators. No equipment outlay is required as that has been covered by the grant. The cost to the City, calculated by Chief Wagner and Mr. Thomas, would be about $11,500 per year at most, possibly less.



Discussion:



Mr. Frost wished to clarify the duties of the Rocky River officer assigned.

Mrs. Bobst asked about the education program.

Mr. Matty felt that participation in this program would give the police another tool to protect citizens. The cost would be minimal because the ICAC would train our officer and provide equipment.



Mayor Knoble observed that he has great respect for Mr. Mason's office and feels that it is efficiently run. He has no qualms about participating in this program and the cost would be a minuscule part of the police budget.



Mr. Hagan acknowledged that this topic is of great concern for all parents with internet access in the home. He asked about the effectiveness of AOL safeguards.

Mr. Frost thanked Mr. Sheehan for his presentation. The topic will be on the agenda of the next meeting of the Committee-of-the-Whole for further discussion.



Returning to the regular agenda, Mrs. Bobst thanked Mr. Hurtuk for his leadership at last week's meeting.



MOTION:



Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the reading of the minutes of the Public Hearing, the Legislative Meeting and the Executive Session of September 26 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED



Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the reading of the minutes the meeting of the Committee-of-the-Whole of October 3 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Potterfield - aye Frost - abstain

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - abstain

5 ayes 0 nays 2 abstentions PASSED





MAYOR'S REPORT:



The Beautification Committee will meet tomorrow evening at 7:00 p.m. at the Don Umerley Civic Center.



This Wednesday, a group picture will be taken of Rocky River veterans for the annual Rocky River Magazine. It will be accompanied by a feature article. All veterans with or without uniforms are invited.



The Business to Business Expo will be held on Thursday from 2:00 to 7:00 at the Don Umerley Civic Center. This is an annual event and has been well-attended in other years. A number of local businesses will showcase goods and services.



An open house will be held at the Gathering Place, an organization which supports cancer patients and their families. The open house, from 10:30 to noon on Saturday, will be held on the east side on Commerce Park in Beachwood with the aim of exploring the possibility of a west side satellite.



Flu shots were administered to over 1000 seniors 60+ and full-time City employees.



The quarterly financial reports have been issued. The Mayor reported that the results show that revenues are tracking above budget and expenses below budget projections. He commented that general assets of the City are fixed assets, such as the City Hall building, and funds in designated accounts to be spent only for designated purposes. The free cash balance is $5 million, a minimal amount for a city of this size. The Mayor expressed satisfaction with the financial picture at this point in the year.



LAW DIRECTOR'S REPORT:



Mr. Matty reported notification in the case brought by the City against Dominion East Ohio Gas for $78,893.44 overrun on the Center Ridge West project due to relocation of a gas line not indicated before construction. Dominion had filed a motion for summary judgment, which was dismissed. The case will go forward with a pretrial in November.



COMMITTEE REPORTS:



Parks & Recreation Committee: Mrs. Bobst reported that this committee had met this evening at 7:00 p.m. to hear a presentation of the final design for the expansion of the Don Umerley Civic Center. A motion was approved to recommend to Council that it direct the Administration to seek construction bids for the expansion of the facility. Any questions should be directed to Director Patterson or to Mr. Bernard Zofcin.





COMMUNICATIONS AND ANNOUNCEMENTS:



Next week a public hearing will be held at 8:00 p.m. to receive resident input on the establishment of Railroad Quiet Zones. Mrs. Bobst encouraged Council members who have received inquiries from residents to notify them of this hearing.



Two notices have been received from the Ohio Department of Liquor Control. One is a copy of an application for a transfer of shares for the Rockcliff, the other for the Peking House on Center Ridge. The first is a case of transfer of shares on the death of the owner to his wife; the second is a change of ownership as the restaurant was sold. The Police Department has no objection to either transfer, so the requests will move forward.



At last week's homecoming celebration, the Rocky River High School Student Council invited members of Council to be included in the parade and it was enjoyed by all. During the game, however, a player was injured; Tim Waitkus was transported by EMS to Fairview Hospital. Mrs. Bobst announced that he had been released today. On Thursday, a meeting will be held to discuss EMS support at athletic events.



Congratulations to Edward Angiuoli who was honored as a member of Coach Romeo Crennel's Aspiring Stars Program at a recent Browns game. He had the thrill of appearing on the jumbotron in his Rocky River High School uniform.



Mrs. Bobst noted that a report for the first half of 2005 has been received from the Cuyahoga County Board of Health (CCBH). This report shows the depth and breadth of their services. The agency will revise its reporting system for 2005 in its annual report.



In further CCBH news, a follow-up e-mail report has been generated regarding the agency's review of cancer clusters because a resident had contacted CCBH indicating that Council members had voiced concerns. The Council President has stated that at no time has a Council member ever had such discussions with the resident. Council members asked that he contact the CCBH to correct that statement, and he did that. The e-mail was placed in the investigation file, but the concern continues because the original document has not been changed in any way. If the original document is inaccurate, Council members believe it should be changed.



Finally, Mrs. Bobst announced that the Cuyahoga County Sheriff's Office has a Sexual Offenders Unit which has a list of offenders on its website. It has added an e-mail alert which will notify residents if a sexual offender moves into the community. (Exhibit "A")





AUDIENCE PARTICIPATION: NONE



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





MOTION:



Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that Ordinance No. 98-05 be amended in line 3 of Exhibit "A", deleting "and other organic waste"

Discussion: Mr. Potterfield noted that the ordinance has had two readings. He has met with the Building Commissioner, Kevin Beirne, the Law Director, Mr. Matty and Mr. Gollinger and they have agreed that eliminating this phrase will mean that residents will not have the hardship of storing yard waste out of sight.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED



AMENDED ORDINANCE NO. 98-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1370.08 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "RUBBISH AND GARBAGE STORAGE AND DISPOSAL", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

3RD READING



Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Amended Ordinance No. 98-05 be passed as read:

Discussion: Since June 27, this ordinance has been discussed. Mr. Gollinger added that the main thrust of the ordinance will be the storage of trash so that it is not seen from the public right-of-way, as requested by the Building Department.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED







ORDINANCE NO. 110-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1141.04(a)(1) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "GARAGE AND PARKING FACILITIES (STANDARD)", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2ND READING

This ordinance, and the one following, Ordinance No. 111-05 have been reviewed by the Planning Commission. Mr. Potterfield is awaiting the approved minutes and expects to have them later this month.





ORDINANCE NO. 111-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1179.04 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "AUTOMOTIVE USES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2ND READING

See discussion for Ordinance No. 110-05.

ORDINANCE NO. 119-05 BY MAYOR WILLIAM F. KNOBLE

A RESOLUTION ACCEPTING THE DIRECTOR'S DEED FROM THE STATE OF OHIO (OHIO DEPARTMENT OF TRANSPORTATION) FOR A PORTION OF PARCEL NO. 605-WL AND DEDICATING THIS LAND TO BE USED FOR PARK AND RECREATIONAL PURPOSED PURSUANT TO ARTICLE III, SECTION 20 OF THE CHARTER OF THE CITY OF ROCKY RIVER, OHIO

3RD READING



Moved by Mrs. Bobst, seconded by Mr. Frost and Mr. Hurtuk, that Ordinance No.119-05 be passed as read:

Discussion: This ordinance has been discussed at past meetings of the Committee-of-the-Whole, but requires three readings because of the park dedication. Mrs. Bobst thanked the Mayor and Councilman Frost for leading the campaign to bring a park to the residents of this area. The Mayor noted that the land will be donated by the State. It has already been cleared; a soft base, equipment and a fence will be added. The project is on schedule and he hopes that it will open in two weeks or so.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED





ORDINANCE NO. 132-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH SUBURBAN PROCESS PIPING, INC. FOR THE RECYCLE PUMP REPLACEMENT PROJECT AT THE WASTEWATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED $1,076,366.00

1ST READING



Moved by Mr. Gollinger, seconded by Mr. Potterfield, that the rule requiring that Ordinance No. 132-05 be read on three separate days be suspended, and that Ordinance No.132-05 be placed upon its passage:

Discussion: This is a project which should not be delayed. It takes advantage of an Issue 2 grant to help finance it. The WWTP serves a number of communities, and this will resolve the problem of the screw pump. Mr. Gollinger called upon Mr. Jeff Harrington, plant superintendent, to explain further.

Mr. Harrington briefly explained that last spring, one of two screw pumps failed. At that time there were discussions of the Management Board about the problem and it was decided to install a new pump system rather than replace the screw pump. With Issue 2 funding, the $1 million cost was halved; then 30% is an interest-free loan; of the remaining 20%, Rocky River will pay 29%, based on the recent flow study. Mr. Harrington then explained that the two large pumps will be replaced with four smaller submersible ones. Plant staff will be able to perform many repairs and maintenance as required. The pumps are more versatile and will meet EPA standards.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Potterfield, that Ordinance No. 132-05 be passed as read:

Discussion: The financing of the pump was once more reviewed. It was noted that each participating city must pass its own ordinance for its share of the cost.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays







ORDINANCES AND RESOLUTIONS UNDER CONSENT:



ORDINANCE NO. 129-05 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE ACQUIRING A PERMANENT EASEMENT FOR DRAINAGE AND STORM SEWER PURPOSES LOCATED ON AUDITOR'S PERMANENT PARCEL NUMBER 302-25-049 AT AN ACQUISITION COST OF TEN DOLLARS ($10.00).

1ST READING



Mr. Hagan explained that this ordinance and Ordinance No. 130-05 represent two easements which will give the City access to 40' of storm sewer if repairs should be necessary. Ordinance No.129-05 will give 15', the following ordinance, 25'





ORDINANCE NO. 130-05 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE ACQUIRING A PERMANENT EASEMENT FOR DRAINAGE AND STORM SEWER PURPOSES LOCATED ON AUDITOR'S PERMANENT PARCEL NUMBER 302-25-050 AT AN ACQUISITION COST OF TEN DOLLARS ($10.00).

1ST READING



See discussion for Ordinance No. 129-05.







ORDINANCE NO. 131-05 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO APPROVE A CHANGE ORDER TO COLD HARBOR BUILDING COMPANY RELEVANT TO THE CONSTRUCTION OF THE ROCKY RIVER FAMILY AQUATIC CENTER IN AN AMOUNT NOT TO EXCEED $49,580.40, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT

1ST READING



Mr. Hagan explained that this ordinance was discussed at the last meeting of the Committee-of-the-Whole and will provide settlement of all financial issues surrounding the construction of the outdoor pool. Referring to the minutes of the last meeting, Mr. Hagan noted that $30, 250 of the proposed payment is the negotiated settlement arranged by Mr. Matty from the contractor's billed amount of $112,000, a great savings to the City.

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

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Hurtuk and Mr. Gollinger, that the ordinances of the Consent Agenda be passed as read:

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED



MISCELLANEOUS BUSINESS: NONE



AUDIENCE PARTICIPATION:





Brian Ruic, 20358 Westover, once more spoke on the issue of the use of eminent domain by local government which is, in turn, given to local developers to promote the common good of the community. He expressed concern for his constitutional right to own, maintain and keep his property. He indicated that Tim Grendel had proposed a State law to prevent seizure of private property for private use. He appealed to Council members to take up this cause, noting that he is available 24 hours a day for consultation, but he acknowledged that he did not wish to spearhead the campaign.











As there was no further business by members of Council, the meeting was adjourned at 9:25 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 Legislative meeting of October 10, 2005. These minutes may be revised or amended at the next Legislative Meeting

DRAFT



CITY OF ROCKY RIVER



OCTOBER 10, 2005



Parks and Recreation Committee



The meeting of the Parks and Recreation Committee was called to order by the Chairperson, Mrs. Bobst, at 7:00 p.m. in the David J. Cook Council Chambers.





Parks and Recreation Committee Members Present: Mrs. Bobst. Mr. Hagan, Mr. Hurtuk,

Mr. Potterfield



Council Members Present: Mr. Gollinger, Mrs. Bartolozzi





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





Law Director: Mr. Matty





Mrs. Bobst opened the meeting and announced that participants should be aware that their comments were being recorded by a resident. She then welcomed others in attendance, Dr. Ulchaker of the Parks and Recreation Commission, and Mr. Brewer, chairman of the Recreation Facilities Task Force, as well as the Director of Recreation, Mr. Patterson and Mr. Bernard Zofcin representing Brandstetter Carroll and Zofcin, architects for the final design.



President Bobst then, in a brief review of the long process which has resulted in this final design presentation, recalled that:

She thanked all the residents who had participated in this long process and noted that this evening's meeting would give all an opportunity to hear about the final design. Council will also hear comments from the audience.



Mr. Zofcin then came forward. Noting that the plan had already been presented to the Planning Commission and the Design and Construction Board of Review, he presented site drawings showing that the addition, located on the northerly side, has been slightly relocated and enlarged from the preliminary design. The walking path has been slightly rerouted, and 39 parking spaces have been added.



The next drawing showed the first floor plan which, he said, exhibited significant modification from the original preliminary design, and he pointed out that the patio space is retained, and there is minimum interface with the existing building. To accommodate this change, the addition has been moved a little to the west on the northerly side.



Among the main components of the first level:

The second level includes:

Enlarging on the water activities, Mr. Zofcin noted that the leisure area will have zero depth entry and include a mini sprayground shaped like a ship with tumble buckets and other unique water features. There will be a separation wall, lighthouse spray, and water cannons as well as a vortex and bridge. Some of these features were included because of their popularity in the outdoor facility.



As to exterior details, Mr. Zofcin noted that it would not be possible to match the brick on the existing Don Umerley Civic Center because it is no longer manufactured. A buff-colored brick will be used as the main element with textured bands and glass. He displayed two drawings, showing the exterior on different elevations, noting that it would be mostly out of sight for most people.



The architect then reviewed the schedule:

Discussion:



Mr. Hagan asked about the capacity of the locker facilities.

Mrs. Bartolozzi wondered if there is a projected opening date.

Mrs. Bobst asked Mr. Zofcin to address the safety and security features.

Mrs. Bobst inquired about the climbing wall.

Mrs. Bobst then asked if the project can be completed within the budget.

Mr. Gollinger asked about the possibility of noise infiltration to Memorial Hall and the other facilities.

AUDIENCE PARTICIPATION: NONE





Mr. Patterson, Director of Recreation, came forward. He credited Mr. Zofcin for the fine design which incorporates the work of the Task Force. Elements which were successful in the outdoor pool have been incorporated in this design. He expressed his wish to begin the project as soon as possible.



Mrs. Bobst indicated that an e-mail had been received from residents interested in seeing the new facility function as a competitive pool (Exhibit "A"). This request was evaluated; it was determined that this facility would be complementary to the high school pool, and will take over some functions now conducted at the high school, allowing more free time there. Both pools will be important community assets, and those interested in improvements will work with the school district.



MOTION:



Moved by Mrs. Bobst, seconded by Mr. Hagan, that the committee recommend to Council that the Administration be directed to seek construction bids in accordance with the final plan for expansion of the Don Umerley Civic Center as presented this evening.

Vote: Bobst - aye Hagan - aye Hurtuk - aye Potterfield - aye

4 ayes 0 nays PASSED





As there was no further discussion by members of the Parks and Recreation Committee, the meeting was adjourned at 7:35 p.m.



_______________________________ _______________________________

Pamela E. Bobst, Chairperson Misao Kurokawa

Parks & Recreation Committee Clerk of Council

Please note: This is a draft copy of the minutes of the meeting of the Parks and Recreation Committee of October 10, 2005. These minutes may be revised or amended at the next Legislative Meeting.