DRAFT

CITY OF ROCKY RIVER

NOVEMBER 3, 2003

Safety Committee

The meeting of the Safety Committee was called to order by the Chairman, Mr. Frost, at 7:00 p.m. in the Committee Room.

Safety Committee Members Present: Mr. Frost, Mrs. Bartolozzi, Mr. Malling

Council members present: Mr. Gollinger, Mrs. Bobst

Administration: Mr. Linden, Animal Control Officer Mike Hearn

Law Director: Presence not required or requested

Safety Committee Working Group on Animal Control Laws:

Fran Gasper, Susan Godfrey, Barbara Oakley, Isabel Parraga,

Chris Pfeil, Dr. John Reveley, Jim Skelly

Mr. Frost opened the meeting with a notation that Laura Jacobs would be unable to continue in the working group. He then went on to review of the topic areas for investigation decided upon at the last meeting:

• •enforcement and public awareness which have been combined
• •dogs at large
• •invisible fencing
• •vicious dogs
• •dog parks

This review was in preparation for the first agenda item, a review of Chapter 505. Mr. Frost indicated that it was not his intent to closely scrutinize each section, but rather to quickly review the chapter to see which areas have already been assigned for study, and which need to be looked at in greater detail. The first change suggested is in the title, "Animals and Fowl"which would seem to be redundant.

505.01 Definitions will be reviewed by the Law Director.

505.02 Enforcement will be reviewed by a group above.

505.03 Maximum number of dogs and cats.

• •Dr. Reveley pointed out that this gives the enforcement officer a tool to use when pets are not kept under control. He noted that the number of pets is not necessarily the most important factor in health issues, as large numbers can be kept under sanitary conditions, and a single pet can be living in squalor. He suggested the possibility of rewording the section, addressing the health and nuisance aspects more than numbers.
• •Mr. Hearn observed that in nine years, he had issued only one citation, but it gave him leverage when necessary.
• •Mr. Linden noted that no enforcement occurs without a complaint.
• •Mr. Frost will discuss this with the Law Director and Prosecutor before the next meeting. He cautioned that they may feel that rewording will make the law too vague and unenforceable.

505.04 Annual registration is in keeping with the Ohio Revised Code.

505.05 Certain animals prohibited.

• •Dr. Reveley questioned the illegality of keeping a rabbit hutch and observed that there are many around the City.
• •Mr. Frost thought that perhaps alpacas or llamas need to be added.
• •Ms. Pfeil wondered what animals were being targeted by the section. As noted in Section C, a state permit is necessary, and the wording is not clear as to whether domestic or exotic reptiles are meant in Section C.
• •Dr. Reveley thought that keeping this section broad would allow enforcement as needed.

505.06 Barking or howling

• •Mrs. Bartolozzi wondered if this is a time issue. Some persons feel that one bark should be cited, others see nothing wrong if animals bark for an hour.
• •Mr. Hearn favored leaving this in its present form because it allows the officer to use his judgment and resolve situations at his discretion.

505.07 Animals prohibited in stores.

• •Ms. Godfrey reported that in New York City, this prohibition has been lifted, and left to the discretion of the store owner. She points out that doing so would encourage dog owners to walk their pets on short shopping trips.
• •Dr. Reveley wondered about legal implications eliminating this section.
• •Mr. Frost observed that this section needs more attention. He will contact Mr. Koran, commenting that more pedestrian-friendly small shopping areas may encourage more dog walking.

505.08 Guide dogs. Mr. Hearn said that no change was necessary.

505.09 Owners liable for damage. This is being reviewed by Dogs At Large.

505.10 Animals not under control.

• •Ms. Pfeil suggested that in (c), a leash longer than 10' be permitted.
• •Mr. Hearn commented that he had never cited under this section.

505.11, 12 13 Dangerous, vicious dogs. This is being reviewed.

505.14 Cruelty to animals will be reviewed.

505.15 Abandoning animals. Ms. Parraga suggested a definition could be helpful.

505.16, 17, 18 Rabies quarantine.

• •Mr. Hearn reported that he had done in-home quarantine. Ms. Parraga asked about notification. Mr. Hearn responded that he had personally notified the parties. Mr. Frost asked Ms. Parraga to review this notification as part of her study on public awareness.
• •Mr. Frost pointed out that sections of this quarantine procedure refer to the ORC which has probably has been revised since our Code was written. For those interested, Mr. Frost will e-mail the net address of the ORC.

505.19 Court order to remove or destroy animal.

• •Mr. Frost explained that at present, we rely on the judgment of our magistrates.
  
  

• •Ms. Pfeil said that it is wrong to punish the animal by destruction. She suggested adding removal as an option.
• •Mr. Hearn pointed out that alternatives are limited: the county will accept only homeless dogs; the APL will not accept an animal without authorization to destroy.
• •Mrs. Bartolozzi pointed out that there is a difference between running at large and attacking or biting.
• •Mr. Frost suggested consulting the ORC sections on removal.

505.20, 21, 22 Administering poison, hunting, protection of wildlife

505.23 Certain trapping prohibited. After a discussion of traps, it was suggested that perhaps enumerating traps that are permitted rather than banned may be more efficient.

Mr. Frost will compose e-mail with the ORC address and requesting additional help on sections which require additional review.

DOGS AT LARGE:

Mr. Frost reported that he thought the Mayor was allowing dogs to run free at Rocky River Park and Bradstreet's Landing during certain restricted hours. Mrs. Bobst reported that it had been brought to the Parks and Recreation Commission for discussion, but that it remains to be discussed. An ordinance will probably be necessary to effect any changes. A similar area in the woods behind Elmwood Park is also being suggested.

Ms. Oakley began her committee's preliminary report on Dogs at Large. She reported that the committee suggests additional signs at Elmwood Park reminding owners to leash their dogs and to clean up after them.

They have contacted cities in our area to inquire to see if they all have leashing requirements. Avon Lake, Berea and Brunwick require leashes; Geauga County, North Royalton and Shaker do not. In the latter communities, the issue is more about control of the animal than physical leashes. In North Royalton, for instance, "an animal on leash or within such distance of its owner or keeper that it may be controlled by him or her by voice or other signal of command shall not be deemed to be running at large in violation of this section."

Ms. Gasper noted that it is interesting that a 10' leash is often cited, but leashes today are being sold at 16' and more. She noted that dogs are currently required to walk at heel and respond to commands. This is a result of advanced obedience training, and today, few have the time or resources to complete this training.

Mr. Hearn observed that every owner knows his/her dog and can control the animal.

Dr. Reveley felt that all dog owners feel they can control their animals, and he feels that abolishing the leash law will lead to problems.

Mr. Frost observed that Section 505.10 (b) states that a leash is required. Some felt that the code was unclear. Mr. Frost interpreted regulations to mean that there are three possibilities for control: l. on a leash and at heel, 2. within a vehicle or 3. on the owner's property. He believes that dogs need exercise, and a 10' leash may not be sufficient. He would rather see the City working toward having times available for real exercise.

He asked the Dogs at Large committee to reconsider its information, look at the feedback from other committee members, and then make specific recommendations for the Code. Ms. Oakley asked how to reconcile the differing opinions of fellow committee members. Mr. Frost said he encouraged different points of view, but it is up to the three committee members to discuss those opinions and decide upon the recommendations it will make to the Working Group for the next meeting. The final decision on a recommendation to Council will be made by the Safety Committee, composed of Mr. Frost, Mrs. Bartolozzi, and Mr. Malling.

He thanked Ms. Parraga for being ready to report that evening and added that her report with Donna Snyder (Public Awareness), as well as Dog Parks, Invisible Fencing, and Vicious Dogs would be presented in January.

Ms. Pfeil will meet with the Lakewood group in charge of the dog park to learn of their experiences.

The next meeting was scheduled for Monday, January 12 at 7:00 p.m. in the Committee Room.

The meeting was adjourned at 7:58 p.m.

_______________________________ _______________________________

Robert S. Frost, Chairman Misao Kurokawa

Safety Committee Clerk of Council

Please note: This is a draft copy of the minutes of the meeting of the Safety Committee of November 3, 2003. These minutes may be revised or amended at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

NOVEMBER 3, 2003

The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 8:01 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. Koran

Assistant Law Director: Mr. Hotz

Press: Mr. Dzurick

The meeting was opened with the Pledge of Allegiance.

Because the City's Economic and Community Development Director, Mr. Koran, was in attendance, Resolutions No. 188-03 and 189-03, scheduled under New Business, were the first matters raised. Mr. Koran indicated that both resolutions authorized applications for grants from the county. Both need Council approval before the November 14 submission deadline.

Resolution No. 188-03 would establish a new exterior maintenance program for our City. Last week's Public Hearing was attended by Christine Nelson from the county. Her estimate of the maximum amount likely to be granted was $30,000-$35,000. Our application will request $72,000, with the total cost of the program set at $92,000. These funds would be available to homeowners from any part of the City who meet eligibility guidelines for low/moderate incomes. The maximum grant available to any homeowner would be $5000, and after conversation with Council members, particularly Mr. Malling, it is proposed that that amount would be matched on a percentage basis by the City, e.g. a $5000 County grant would be awarded an additional $2000 from the City for a very low income homeowner, $1000 for low, and $500 for moderate. In Mr. Koran's experience, seniors living alone could be the group most benefited. Only exterior improvements qualify. In many cases, the combined grants would not be sufficient to complete the repair, and the homeowner must pay the difference. With the limits imposed, it is hoped that perhaps 16 homeowners could be served this year. The City will administer the program through the Finance Department working with Building and Mr. Koran's office.

A map from the County has been received, pinpointing properties that it considers substandard. Building inspectors will target these homes first, distributing applications, and if homeowners are eligible, it is hoped that some of them can be helped to bring their properties up to community standards.

The homeowner will hire the contractors, and two bids are required. The City will pay the contractor and then be reimbursed by the County. It is also anticipated that the City resources will be able to help some seniors through the process, and that can help alleviate confusion and insure that repairs are done properly.

• •Mr. Gollinger cautioned against assuming that all owners of substandard properties would qualify as low or moderate income. Mr. Koran indicated that the inspectors would only distribute applications to inform the households that help is available with qualification. When asked about income limits, Mr. Koran noted that the figures are updated annually, but for this year, for example, a family of four would be considered low-income at $30,000, or moderate at $48,000; a family of six would qualify for moderate income assistance at $55,700. Proof is required.
• •Mr. Frost asked about the City's matching funds. If a very low-income household could receive $5000 and the City's $2000, would the City's contribution be changed if the homeowner applied for only $2000? Mr. Koran indicated that the amount would be awarded in the same percentage.
  
  

Resolution No. 189-03 would authorize an application for a Community Block Grant which would be used for streetscaping in our Improvement Target Area, roughly bounded by Battersea to the north, Detroit to the south, Smith Court to the west and the river to the east. The maximum grant that could be awarded would be $300,000, and that, only because we have never receive such a grant. The Master Plan and Beautification groups have both recommended that the area receive landscaping attention, which is a positive in the application because of citizen involvement. Ron Gottschalk has helped, providing color maps to be attached. Mr. Koran then reviewed the elements of the plan which show each area and the improvements proposed. As recommended by citizen participation groups, the three gateways to the City have received special attention. Proposed expenses include landscaping, trees, sidewalk and curb replacements where necessary, benches, trash receptacles, ADA curb ramps and brick pavers. The total cost of the proposed project would be $380,000.

• •Mr. Malling asked if this is an "all or nothing" situation. Mr. Koran said it was possible that a part of the grant would be made, and if so, plans could be scaled down accordingly. The City's matching funds would be in the same proportion if the grant is approved.
• •Mr. Potterfield asked about engineering costs. Mr. Koran indicated that it was expected that the engineering could be done in-house, except for $12,000 allotted for a landscape architect for the gateways.
• •Mr. Malling asked when the City could expect to be notified. Mr. Koran indicated that we would know by March or April for this program, and probably by January or February for the exterior maintenance program.
• •Mr. Gollinger confirmed that a landscape architect would not be hired until the grant is confirmed. Mayor Knoble commented that it may be possible to find a volunteer from the community, as in the case of Elmwood Cabin, and in that way, those funds could be reallocated for more improvements.

Both of these resolutions will be considered for passage next Monday so that the applications can be submitted in a timely fashion.

MAYOR'S REPORT:

Mayor Knoble had hoped that Mr. Bill Brink, general manager of Smythe Cramer Realty in our area would be able to attend the meeting. In his absence, the Mayor displayed an oversize check payable to the City for $2055.00, the proceeds of Smythe Cramer's centennial fund-raising campaign. Realtors sold mugs, t-shirts, etc. and have donated the funds for additional improvements to Elmwood Cabin.

The Building Department has provided a computer printout of its activities so far this year.

A letter from the Metroparks informs the City that there will be a deer management program again this year. Highly skilled marksmen will cull the herd to retain the balance of the ecosystems, and the venison will be donated to the Foodbank. As always, safety will be the primary concern. Homeowners adjacent to the park will be notified.

Cox Cable is asking the City for dates of holiday events scheduled in our City. Any information should be forwarded to Gretchen in the Mayor's office or communicated directly to Cox..

The Mayor distributed more information about the proposed police dog program.

The leaf pickup program is in full swing. Because of weather and operational demands, it is impossible to guarantee that pickup will be done on a specific day, but the Service Department will attempt to maintain a schedule whereby leaves are picked up on a resident's garbage day or the next day. This could be disrupted by next week's holiday or an early storm. The Mayor has authorized overtime as necessary while the weather is good.

City Hall will be closed on Tuesday, November 11 in observance of Veterans' Day.

The Craft and Quilt Show will be at the Senior Center this Friday and Saturday from 10-4 both days.

Through the efforts of Mr. Koran, our City was again the beneficiary of the Court Community Service Litter Program. Fourteen bags were collected in the Ward 3 area.

Discussion: Mr. Malling asked about the designation "countypropma" meaning the county's blighted area in the report distributed on the activities of the Building Department. The Mayor will investigate.

Mrs. Bobst commented on the excellent job being done by Tom Krych, who is refinishing Council desks. Council members suggested they be inspected while the "before" and "after" are still apparent.

UNFINISHED BUSINESS:

Ordinance No. 155-03: This ordinance is waiting for amendment by the Administration. The Mayor commented that the major change anticipated would be that the half day lost when Christmas or New Year's day falls on Saturday or Sunday would be converted to a floating holiday to be taken at the full-time employee's discretion with the approval of the supervisor.

Ordinance No. 161-03: Mr. Frost intends to move for passage this Monday, November 10.

Ordinances No. 182-03: Mrs. Bobst explained that this ordinance would authorize a 50% increase in rental rates for Elmwood Cabin. It has been considered and received unanimous approval from the Parks and Recreation Commission which discussed it at length. The Commission felt it was justified because the facility is much improved over the old cabin, and because expenses have increased. This would bring its rental in line with other communities. The increase would apply only to new rentals placed after the ordinance is passed; present bookings would remain at the present rate. Another issue discussed was the serving of alcohol, and the Commission voted unanimously to prohibit the serving of alcohol at any function held in the Cabin.

Mr. Gollinger suggested that in Exhibit "A", a change be considered: in D. the provision to deny use of the facility for failure to abide by the rules should be a separate item which applies to all users of the Cabin. Mrs. Bobst will discuss the change with the Recreation Director.

MISCELLANEOUS BUSINESS:

Defibrillators: Mr. Frost explained that he was seeking Council input as he and Fire Prevention Officer Crowe begin working on looking at Fire Department and Building Department recommendations that would require defibrillators in public buildings (schools, churches, etc.) In order to make this a reality, public awareness and training are necessary. The Mayor has expressed some willingness to have the Fire Department involved in a training program on a limited basis. This project is in the beginning stages, so Council members should communicate opinions to Mr. Frost.

COMMITTEE REPORTS:

Safety Committee: The Working Group on Animal Control Laws met at 7:00 p.m, before this meeting. Mr. Frost reported that members looked at revisions to Chapter 505 and heard a preliminary presentation on Dogs At Large. That subcommittee will prepare specific recommendations for code changes for the January meeting. The next meeting will be January 12 when presentations on Vicious Dogs, Invisible Fencing, and Dog Parks will be heard.

Planning and Zoning Committee: will meet next week, November 10 at 7:00 p.m.

NEW BUSINESS:

Ordinance No. 187-03: This was presented by the Law Director last week. It concerns a Berry Drive homeowner who wishes to purchase from the City a small parcel adjacent to his property. Mr. Gollinger asked if there is some way that these small parcels of land could be automatically transferred to Berry Drive homeowners without voting on each one separately. Mr. Hotz indicated that he knows of no legal mechanism which would permit this procedure.

COMMUNICATIONS AND ANNOUNCEMENTS:

The Elmwood Road neighborhood meeting will be November 12 at 7:30 p.m.

The Master Plan Working Group will meet on November 19 at the Don Umerley Civic Center.

Tomorrow is Election Day. President Bobst urged everyone to exercise his or her right to vote.

As there was no further business by Council members, the meeting was adjourned at 8:50 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 November 3, 2003. These minutes may be amended or revised at the next Legislative Meeting.