CITY OF ROCKY RIVER

NOVEMBER 6, 2006

The Committee-of-the-Whole was called to order by Mr. Hagan, President of Council, at8:33p.m.

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

Mr. Long, Mr. Hagan

Absent: Mr. Hurtuk

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

Press: Mrs. Mackenzie, Ms. Mitchell

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The Mayor extended the City's congratulations to the high school football team for its winning season. She said that she was extremely proud of its accomplishments.

Mayor Bobst also reminded everyone that tomorrow is Election Day. Polls will be open at 6:30 a.m., and voters should remember to bring identification.

The City has donated a historic lamppost to the Forest Hills Homeowners' Association which was most appreciative. Another was donated to the Rocky River Historical Society and the remaining were sold at the Police Auction to property owners for publicly visible locations. In all, the Police Auction raised approximately $2100.

On November 2, the Mayor and members of the Administration met with representatives of Parsons Brinckerhoff to discuss the Lake Road corridor project. Preliminary traffic counts, am and pm, will begin in the next two weeks. Peak flows, 24-hour counts and many other public statistics will be gathered to gain a clearer understanding of traffic on and around Lake Road. The Administration has been working to assemble a project team composed of City staff and others. The Mayor will also consult with Council members whose wards are affected. Public meetings will be held in January for public comment on various roadway designs.

Discussions are beginning at meetings of the Mayors and Managers Association for a system of areawide radio communications which would serve the 59 communities of Cuyahoga County. Homeland Security has given priority to this project. At this point, the system has been designed, and a task force is being formed to seek funding for implementation. Every fire and police department in the area has received a MARCS radio which will be compatible with the new system so that in an emergency, all communities can maintain contact.

• •Regarding tax sharing principles, mayors have agreed in principle. The first application will be in the Cleveland Water agreement which has not yet been received. The current agreement expires at the end of the year, and the Mayor indicated that it will be presented upon receipt.

The dedication of the outside flag receptacle located across from the fire station will be at 10:30 a.m. on November 11, Veterans' Day.

City Hall will be closed Friday, November 10 in observance of Veterans' Day, but refuse collection will remain on its regular schedule.

Leaves are now being seen in large piles on resident tree lawns. As all mayors before her, Mayor Bobst urged residents to keep the piles on the tree lawns and out of the street. Leaves in the street create a vehicle safety issue and present a dangerous attraction for children who may be struck by traffic in the street. She praised the work of Mr. Linden, Mr. Winterich and all the members of the Service Department who are doing a great job and are currently on the fifth round of leaf pickup.

Discussion:

Mrs. Bartolozzi asked about the possibility of signage to remind residents to keep leaves on their tree lawns. The Mayor noted that it would be necessary on every street, and asked about tree lawns too narrow to accommodate the leaves.

• •Mr. Linden responded, saying that for homes with narrow tree lawns, leaves may be placed on the front yard, and Service Department personnel will move them to the curb during collection. He also does not believe that signage will help, as those residents who do not comply are concerned about grass burnout if collection is delayed. In answer to a Council question, Mr. Linden indicated that leaves are collected year round, weather permitting.
• •The Mayor mentioned that a message about leaves will be sent via e-update to residents who are part of the program.

Mr. Long asked if the City will incur costs for the new communications system.

• •The Mayor responded that there has been no cost to this point. The system design was financed by Homeland Security, and the task force is seeking funds to implement it, but the outcome is uncertain.

UNFINISHED BUSINESS: NONE

MISCELLANEOUS BUSINESS:

Mr. Hagan noted that a public meeting to discuss Railroad Quiet Zones was held this evening. It was evident that most of those in attendance favored the implementation of a Quiet Zone. The next step is up to Council which must pass an ordinance instructing the Administration to prepare a Notice of Intent with the required $2800 fee, which will become the basis of Council's discussion as to whether or not to pursue the project. Mr. Hagan requested that the legislation be drafted for next week.

Mr. Gollinger commented that it is imperative to do this as quickly as possible because until the notice is submitted, erroneous data cannot be removed from the FRA's records and replaced with accurate information.

• •Mr. Hagan noted that required safety measures will probably not be affected by the erroneous information now in the FRA records.

Mr. Gollinger asked the Law Director about legislation to regulate PODS (Portable On Demand Storage units). Mr. Bemer responded that it is on his schedule, but other requested legislation has priority. Mr. Moran added that North Olmsted or Fairview Park has recently enacted such legislation.

The Mayor reported that a house in foreclosure on Lakeview was visited by Building Inspector Nugent, accompanied by police officers, in response to a resident complaint. They discovered that the home had been illegally entered and inhabited by unknown persons who were not the owners. The home, built in 1996, has no utilities which has caused water in the basement, but except for the broken door, the exterior is in good condition. The Building Department secured the front door with planks and Wells Fargo Bank, owner of the property, has been notified.

• •Mr. Gollinger asked if the City knows which houses are uninhabited. The Mayor responded that as far as private homes are concerned, it does not unless notified by residents.

Mr. Hagan asked Council members, and particularly Mr. Gollinger, as ward councilman, if there were objections to the application for a new liquor permit on Wooster Road. Mr. Gollinger indicated that he had no objection since investigation showed that it would be used for a tenant similar to the previous tenant. The clerk was instructed to return the application without requesting a hearing.

COMMITTEE REPORTS:

Parks and Recreation Commission: Mrs. Bartolozzi reported that the Commission had met on October 18 and approved fee increases of $2 for Music Man Keyboarding and $.50 per adult dance class. It also rescinded some senior and sibling discounts except for major programs including hockey and swim team.

Planning, Zoning and Economic Development Committee: Mr. Gollinger indicated that he will attend the BZA meeting to be held on Thursday, November 9. The Board will discuss the Kings Tree project planned for the property behind City Hall. Mr. Gollinger will also attend the S.A.F.E. meeting at the airport on Thursday.

Safety Committee: Mr. Moran announced that the Safety Committee had met this evening and had good discussions of high rise apartment/condominium safety requirements, portable pools, bike lanes, mobile phone rules, and penalties for driving under suspension.

NEW BUSINESS:

Resolution No. 126-06: Mr. Gollinger explained that this resolution, which approves an erosion revetment for a property on Frazier Drive, will be accomplished at no cost to the City. As with many before, City approval is a requirement of the ODNR, and most have already been completed. If there are no problems, Mr. Gollinger will move for passage of this resolution this week.

Ordinance No. 127-06 and No. 128-06: These two ordinances authorize the purchase of office supplies under the State Cooperative Purchasing Act from Office Max and Office Depot. Mr. Hagan explained that two suppliers have been awarded contracts this year because some items are available only from one or the other. (Consent Agenda)

Ordinance No. 129-06 through No. 135-06: Mr. Hunt indicated that all of these ordinances authorize the purchase of services or chemicals necessary for the ongoing operation of the Wastewater Treatment Plant. Bids were opened October 13 and the results were reported to Council members. Mr. Linden added that the five-year contract for the removal of grits and screening was at an excellent price and will lock in the savings for the five-year period. (Consent Agenda)

Ordinance No. 136-06: Mr. Hagan turned to Mr. Linden who explained that this climbing system was requested by the state and county so that inspectors can access all parts of the bridges. There will be no cost to Rocky River for the systems. Responding to questions from Mr. Gollinger, Mr. Linden explained that this will provide permanent access and be inaccessible to the public. The City also does not wish to have access to the system. (Consent Agenda)

Ordinance No. 137-06: Mr. Gollinger explained that this ordinance will correct redundancy in the Code and delete three items which are covered elsewhere. It will also correct a listing and fees for some contractors who are no longer licensed by the City, but are registered. (Consent Agenda)

Ordinance No. 138-06: Mr. Moran noted that this ordinance will create an addition to Chapter 139, Section 139.08. This will authorize, after a period of two years, the deposit of confiscated, unclaimed or forfeited funds or liquidated personalty into the Police Division account of the Donations and Bequests Fund. (Consent Agenda)

As there was no further business by members of Council, the meeting was adjourned at 9:12 p.m.

________________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council

CITY OF ROCKY RIVER

NOVEMBER 6, 2006

PUBLIC MEETING - QUIET ZONE REQUIREMENTS

The Public Meeting to discuss Railroad Quiet Zone Requirements was called to order by Mr. Hagan, President of Council, at 7:18 p.m.

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

Mr. Long, Mr. Hagan

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

Law Director: Mr. Bemer

Press: Mrs. McKenzie, Ms. Mitchell

Mr. Hagan opened the meeting with background information, noting that the exploration of a Quiet Zone began a year ago. Following that public meeting, the City enlisted the assistance of Railroad Controls Limited (RCL) which presented a Quiet Zone evaluation which was posted on the website.

Mr. Hagan then introduced Mr. Kurt Anderson, a representative of RCL, for a brief Power Point presentation to explain the Federal Railroad Administration (FRA) requirements if the City wishes to establish a Quiet Zone.

Beginning the discussion, Mr. Anderson noted that following years of discussion and consideration, the FRA Final Rule was issued on April 27, 2005, made effective as of June 24, 2005, and amended October 17, 2006. Rail rules require that trains sound their horns at every crossing.

If certain requirements are met, the Quiet Zone will not require FRA approval:

• •The Quiet Zone Risk Index (QZRI) is less than the Nationwide Significant Risk Threshold (NSRT) or the Risk Index With Horns (RIWH)



• •Each crossing is equipped with an approved Supplemental Safety Measure (SSM)

Temporary or permanent closure of the road and conversion to one-way streets with gates are SSMs which did not seem practical for our City, and were not seriously considered.

Other possible SSMs are four-quadrant gates, gates with medians or

channelization devices which prevent cars from driving around the barriers and wayside horns which would be focused on the roadway instead of the track. Additionally, each crossing must be equipped with Constant Warning Time Circuitry, and a Power Out Indicator.

Mr. Anderson then quickly reviewed the two methods of establishing the Quiet Zone and described each SSM, showing a picture example. Among the points made:

• •No permission is necessary if it can be shown that the risk without horns is below the average risk across the country.
• •Alternative Safety Measures (ASM) are possible if the approved SSM is not feasible. Application for its use must be made to the FRA. These two measures require annual review.

Mr. Anderson then proceeded to a consideration of the specifics for Rocky River. Among the points made:

• •Three SSMs seem practical for the City: gates with medians (100'), wayside horns and four quadrant gates.

The cost of channelization with raised median is approximately $35,000 per

crossing.

Wayside Horns would cost approximately $75,000 per crossing

Four Quadrant Gates would be the most expensive at $300,000 per crossing.

• •In addition, the Linda Street crossing would present special problems because of the commercial driveways which would need to be relocated if medians with channelization are chosen.



• •Additional expense would be incurred for the Elmwood crossing because it has only motion detector circuitry and would require an expensive upgrade.



• •Channelization with raised medians would restrict access of homeowners closest to the crossing by necessitating only right turns in and out.



• •One major concern is the possibility that a vehicle may be trapped between gates at the approach of a train. Improved technology would be installed so that if a vehicle is detected, the gates will remain open.

• •Wayside Horns are specially mounted and will reduce the noise on the track. They must be aimed toward the roadway, and must sound at 92db when measured 100' from the center of the track. A graphic showed the significantly reduced level of noise over a wide area.
• •Finally, Mr. Anderson reviewed the actual steps for creating the new Quiet Zone, starting with the Notification of Intent and following other preset steps.

Mr. Anderson then responded to questions from the audience.

Q: Would a crossing with Wayside Horn still require medians?

These two requirements are independent of one another.

Q: Without horns, what about children on bicycles crossing the tracks?

Bells and lights will still be operational. Within the Quiet Zone, the railroad retains the

right to sound horns if engineers see stopped vehicles or in any other emergency situation.

Q: Can the SSM be different on each side of a crossing, e.g. a raised median on one side and a Wayside Horn on the other?

The four crossings may each have a different SSM, but both sides of a crossing should have the same SSM.

Q: The median must be 6" high. How wide will it be?

This is subject to individual requirements. It may be 2 ft. wide, or 1ft. wide. Based on what is decided, it may be necessary to widen the street.

Q: What is so desirable about the Wayside Horn?

The area in which it is heard is much smaller, and it is sounded at a lower db level than the current train horn, which can be 115-120 db. The Wayside Horn will be heard for 20-25 seconds before each train. For homeowners very close to the track, it may still be loud, but it can be set at minimum which is 92 db for 20-25 seconds. For those at some distance, it will be far less noisy.

Q: If the City establishes the Quiet Zone and five years from now, the FRA changes the rules, will Rocky River be grandfathered?

It's impossible to say at this point what will happen.

Q: Would these measures establish a timed Quiet Zone, or a 24-hour Quiet Zone.

These would be 24-hour Quiet Zones.

Q: Once the decision is made to proceed, how long will it take? And, will costs exceed the estimates?

Each individual project is site specific, and these estimates are based on a general range which the company's experience has shown will cover the work required, but many factors affect costs. As to how long, the Elmwood crossing will require that work be done by the railroad. Mr. Anderson estimated that it would take about a year for the circuitry to be installed by the railroad and work can then proceed on the other measures. Otherwise, if the Wayside Horn is chosen, 90 days following the agreement with Norfolk Southern, work can begin. For medians, the key is the Rocky River portion, but it should take about a year.

Q: When a train passes, how long will a Wayside Horn be sounded?

The horn should be sounded at a quarter mile before the crossing for an average of 20 seconds (15-25 seconds, depending on speed).

Q: Are you aware of the experience of other cities?

As yet, there has been no personal experience. Springfield, Ohio will have its Quiet Zone implemented in a couple of years, and Loveland, Ohio will be beginning the process.

Q: Who decides how these will be financed?

It is up to the City to decide. Mayor Bobst indicated that she has contacted Rep. Kucinich's office and Rep. LaTourette's office in an effort to identify sources of Federal funding. The cost of this project would range from $345,000 upto $1.4 million for four quadrant gates at all four crossings. Mr. Anderson commented that there are some funds available for grade crossing safety improvements, but Ohio has elected not to use those for Quiet Zone implementation. The funds are being aimed at rail safety projects.

Q: Why must the City wait for the railroad to do the work?

The railroad has union agreements which prohibit others from working on railroad property. Using the Quiet Zone Risk Index calculator, it may be possible, with certain improvements, to reduce the risk below the necessary average. That solution would be at the lowest cost. Each individual crossing can be treated with a different SSM.

Q: Why can't the City use one gate with a longer arm which would extend across two lanes? (Mr. Hunt.)

This is not acceptable because a vehicle may be stopped within the gates and with one long arm, it would not be possible to guard the crossing and release the car.

Q: If Elmwood takes the longest time to complete, could the City have a Quiet Zone before it is finished? (Mr. Gollinger)

Yes, it is possible to have three completed crossings and no horns sounded at those crossings and add the fourth when it is in compliance.

Mr. Hagan reminded everyone that the complete report is available at the City's website, www.rrcity.com. He thanked Mr. Anderson for his presentation, noting that many options had been presented, some viable and some not. This is an important issue because in 2002, of the 127 crashes in the state, 47 occurred as a result of motorists driving around the gates. The following year, 2003, saw the lowest number, nine, down significantly from the average of over 17 fatalities a year from 1998 to 2002. These figures are from the Ohio Rail Development Commission and were submitted to the Federal Railroad Administration. The City would like to eliminate the annoyance, but it cannot sacrifice the safety of residents and others who use the roadways.

AUDIENCE PARTICIPATION:

Robert Bodnar, 20833 Beachwood, stated that he had been here a year ago and has seen no substantial progress on this issue. It appears now that it will be another year for circuitry to be installed. As well as many of his neighbors, he has invested in his home and the community. He considers this a quality of life issue which should be carefully considered and weighed heavily.

Scott Cook, 20562 and 20500 Stratford Avenue, pointed out that records show that there are 22 trains per day on the tracks. Mayor Bobst explained that a maximum of 14 per day would be allowed. Last month, there were between 2 and 8 daily with an average of 5. Mr. Cook said that he has heard that traffic from the Berea route will be transferred to this area and wondered whether Norfolk Southern would increase the number of trains in our area. The Mayor explained that under the agreement signed in 1998 with Rocky River, Bay Village and Lakewood, Norfolk Southern agreed to limit the number to no more than 14 per day. She also commented that there is renewed interest in a commuter rail line from Lorain to Cleveland. Discussions are in the beginning stages. If implemented, it could mean four or more round trip trains per day. All cities have agreed that it is important to honor this agreement with Norfolk Southern. The question of the Quiet Zone must be addressed before this project could be presented to the community.

Mr. Hagan asked the Law Director if an ordinance is necessary to authorize a Notice of Intent. Mr. Bemer said that it is.

Bobbie VanAtta, 21160 Stratford Avenue, asked if the agreement with Norfolk Southern had a 10-year duration. The response was that it is silent as to term which means that it is valid into perpetuity.

Chuck Jirsa, 1028 Whittlesay Lane, acknowledged that he is in the minority. He lives 200' from the rail line and remembers when there were two tracks and a great deal more traffic. His opinion is that this is a lot of money to spend since the railroad has been there since the 1800's, before people bought their homes. If the Quiet Zone is implemented, the City should be aware that many children cross the tracks, using a short cut to get to Elmwood Park. The question of pedestrian traffic must be addressed.

Jerry Monroe, 20831 Stratford Avenue, asked if the commuter rail could co-exist with freight trains. The Mayor responded that there is no answer to that question yet, but emphasized that no more than 14 trains are permitted, no matter what the type. Mr. Monroe continued that he believes that since the topic has been in discussion since October 2005, it is a question of money. He said that you get a little for a little and a lot for a lot. If the community can afford to build health clubs, it should be remembered that there are a lot of places to sign up for a health club but only one place for the Quiet Zone.

• •The Mayor commented that with Mr. Monroe's reference to the expansion of the Don Umerley Civic Center, it must be noted that this expansion was a ballot issue which was placed on the ballot by a group of residents. It was subsequently approved and passed by voters of the community. She made it clear that one was not traded for the other.

Roxanne Girard, 878 Wagar Road, has lived in this location since the end of June. Commenting on the SSMs, she stated that the look of the medians cheapens Rocky River and are more suitable for a rural setting. She expressed concern that channelization would impede fire trucks and emergency vehicles which need to enter driveways. For this community, she would like to see four quadrant gates installed on all crossings.

Mr. Hagan thanked all those in attendance at the public meeting, and he invited residents to share opinions with Council persons. E-mail addresses are on the website.

As there were no further comments from members of Council, the Public Meeting was adjourned by Mr. Hagan at 8:34 p.m.

_____________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council

CITY OF ROCKY RIVER

NOVEMBER 6, 2006

Safety Committee

The meeting of the Safety Committee was called to order by the Chairman, Mr. Moran, at 6:00 p.m. in the David J. Cook Council Chambers.

Safety Committee Members Present: Mr. Moran, Mr. Hunt, Mr. Gollinger

Council Members present: Mr. Hagan, Mrs. Bartolozzi, Mr. Long

Administration: Mayor Bobst, Mr. Linden, Chief Wagner

Law Director: Mr. Bemer

Assistant Law Director: Mr. O'Shea

Mr. Moran opened the meeting by noting that because there were many topics to be considered this evening, discussion would be limited to ten minutes per topic.

High Rise Apartment Condominium Safety Requirements: Since the situation with Heritage House Condominiums, Mr. Moran has conferred with Chief Flynn and Fire Safety Officer Rob Crowe to revisit safety features of high rise buildings, and they have discussed ways to disseminate this information to residents of those buildings. The Fire Division plans to visit apartments and condominiums to present its list of general fire safety practices applicable to multi-family dwellings. Different methods apply to different buildings- some have alarms, sprinklers, fire stops or special roofing. The rebuilding of Heritage House will incorporate many safety features.

Fence Requirements for Portable Pools: Mr. Moran commented that earlier this year, the topic of portable pools was raised, and that he had discussed it with Mr. Hunt. Because a new type of soft-sided inflatable pool has become widely available and more frequently seen, the question of fencing requirements has been discussed. In light of their discussions, Mr. Moran turned to Mr. Hunt for his comments.

Mr. Hunt noted that he has received a handful of calls regarding these inflatable pools, available inexpensively at local stores. He noted that the new pools are problematic because they have no liner or hard side and present a danger to unattended children who are able to push their way into it. He cited a recent article which reported 36 deaths in the past few years due to this design. The Code addresses requirements for in-ground and above-ground outdoor pools in Chapter 1141.04.

Mr. Moran emphasized the dangers of this pool whose sides do not rise vertically. The soft sides may cause a problem as shown in an incident in Lorain this summer when a young child was left unattended, fell into the side of the pool and drowned in 2' of water. Mr. Moran commented that he would like the committee to think about how to keep young children safe.

Mr. Gollinger has noticed a number of articles published over the past six to nine months indicating that other municipalities have either enacted requirements or are drafting such legislation. He suggested these ordinances may form a basis for our City's regulations.

Mr. Moran added that he will visit stores that sell the pools to see how manufacturers are handling questions of liability. He pointed out that covers are available.

Law Director Bemer confirmed that rigid covers which prevent accidents are available for in-ground pools. The new pools are problematic and increase responsibility for the individual owner and include a parental assumption of risk. He noted, however, that parents have the primary responsibility to supervise children. He has reviewed the ordinances and feels that there are many ramifications which must be considered. He indicated that it may be possible to choose an arbitrary dimension or height which requires fencing or to require that all pools under 2' be taken down daily.

Mr. Hunt pointed out that he has also received calls from community members who do not want new restrictions.

Mrs. Bartolozzi asked if all pools, 3' to 4' in depth, require permits prior to installation. Mr. Bemer said that permits are required.

Mr. Long asked if the article read by Mr. Hunt reported if fatalities occurred in the owners' families or that of neighbors, and if the question of "attractive nuisance" has been raised. Mr. Hunt said that the article did not.

Bike Lane for Rocky River (Hilliard): Mr. Moran indicated that this topic has been raised by the establishment of a bike lane in Westlake along Hilliard Blvd. which will open on April 1, 2007. He has spoken with the Mayor and Police Chief to see if there is interest in continuing the lane through Rocky River. One issue raised immediately is parking on Hilliard which is permitted in our City, but not in Westlake. This would have an immediate impact on those properties. Other streets may not be suitable; Lake Road is narrow with fast traffic, and Detroit Road is a two-lane road.

Mr. Long asked about bike usage on Hilliard. Mr. Moran stated that he sees bike traffic primarily on weekends.

Mr. Bemer noted that he sees more on Detroit Road by persons who wish to access the Metroparks. He further noted that Bay Village prohibits bicycles on Lake Road.

Police Chief Wagner then came forward to explain that there has been a recent change in state law which now prohibits cities from restricting bicycle traffic on public streets. He commented that he does not favor encouraging young riders on Hilliard, noting that the intersections of Hilliard and I-90 and also at Wooster are particularly dangerous.

Mr. Gollinger remarked that bike clubs, which do use Hilliard, would probably not need the bike lane and agreed with the Chief about not encouraging young riders to use the street.

Mrs. Bartolozzi stated that she feels things should be left as they are. Mr. Moran felt a bike lane could be dangerous, and that there is a safety issue because of parked cars.

Mr. Bemer noted that the City has ordinances restricting riders under age 8 and prohibiting them from riding in the street. Where a path has been provided, it must be used.

Mr. Moran suggested that it may be wise to wait to see how the path works in Westlake and not pursue an extension at this time. Encouraging street riding may be harmful and dangerous.

Mr. Gollinger commented that the Code will need to be updated in view of the state law recently passed.

Mayor Bobst pointed out that this topic was not raised by residents, but by the City Engineer of Westlake. If parking is prohibited on Hilliard to accommodate a bike lane, there will be issues for homeowners who have no access to side streets for additional parking. Another issue is whether the street is wide enough for two lanes and a bike lane.

Mobile Phone Rules: One question under consideration is the hands-free vs. standard cell phone. Mr. Moran noted that some cities, e.g. North Olmsted, Brooklyn, have already passed ordinances to discourage the use of cell phones. Under this legislation, motorists stopped for another violation can be cited for cell phone use. Mr. Moran suggested that the law might be more effective if it were enforced in a larger area. New York also has prohibited the use of cell phones unless they are hands-free sets.

Mr. Long observed that those using cell phones often drive below posted speeds as they concentrate on their phones or they may drive in an erratic manner.

Mr. Gollinger asked if there are statistics showing lower accident rates in cities which prohibit the use of cell phones. Such statistics are not yet available.

Mr. Bemer commented that it is not necessarily the cell phone per se, but the distraction which causes inattention to driving. He said that cell phones are the 7^th highest distraction, following #1, parents driving with children.

Mrs. Bartolozzi has had an e-mail from a resident who does not like the idea of government involvement in this matter. The situation would improve with common sense and judgment. In her opinion, talking on a hands-free set is like conversing with a passenger.

Mr. Moran turned to Chief Wagner and asked if he had information on the use of cell phones in accidents. The Chief said that it does happen on occasion, but not overwhelmingly, and he offered to call AAA to see if more statistics are available. He would favor hands-free sets. The Chief added that there is already a law on the books requiring operators to give "full time and attention" to driving.

Mr. Hagan remarked that cell phones are not the only distraction. Eating, changing CDs and applying makeup also distract drivers. The Mayor suggested that statistics may also be available from the National Highway Traffic Safety Administration.

Chief Wagner added that driving on city streets is a privilege, not a right, and drivers are obligated to follow City ordinances. If a fine is established, even if the fine is small, court costs can add to out-of-pocket costs. For this reason, it is often made a secondary violation.

Mr. Moran stated that this topic merits further discussion.

Driving Under Suspension: Mr. Michael O'Shea, prosecutor, came forward to explain that in the 11 months he has served as prosecutor for Rocky River, he has seen an enormous number of people cited for driving under suspension (DUS), which is not surprising because there are 40-50 reasons for license suspension.

In Rocky River, these persons are charged under the City's Code. DUS is a serious offense, a first degree misdemeanor, punishable by a fine of $1000 and/or six months in jail which is the same penalty as that for a DUI offense. In some cases, particularly for a first offense, Mr. O'Shea's emphasis is on compliance with the law, and he is often able to continue the case for 60 days while the person eliminates the cause of the suspension which is often a financial obligation. If the offender can pay his child support, obtain auto insurance, compensate the victim of an accident or otherwise discharge his obligation, then Mr. O'Shea feels that this benefits all concerned. At that point, the offender may be charged with a less severe offense, No Operator's License (NOL), a two-point offense, or Failure to Display (FTD), no points. Mr. O'Shea explained that at present, both of these lesser charges are also misdemeanors of the first degree with the same penalty as DUS or DUI. He maintains a strong interest in "getting people valid", and, for example, having people buy car insurance with premiums prepaid for two to three years.

Mr. O'Shea feels that if the penalty for these lesser offenses were reduced, the lesser charges would be a greater inducement to comply with the law. For these reasons, he recommends making NOL a misdemeanor of the third degree ($500 and two points), and FTD a minor misdemeanor, ($150). He said that this would create more incentive to get valid and it would enable him to offer a first-time violator this incentive. He noted that Judge Fitzsimmons suspends driving privileges immediately for DUI and will not amend the charges. This offer is primarily for first or second time offenders.

• •Mr. Hagan recalled that DUS has, historically, often been amended to NOL with an emphasis on compliance. Magistrates and judges want people to get valid, and this would provide a good tool with bite and incentive.

Mr. Moran indicated that the issue will be fine-tuned and returned for Council approval.

Parking Violations (Rate Increase Discussion): Mr. Moran indicated his opinion that the fine for parking violations should be revisited. He feels that the current fine, $5 for illegal parking, is not a deterrent and illegally parked vehicles could create danger for traffic and safety vehicles. In a future meeting, he will revisit the fine structure.

AUDIENCE PARTICIPATION:

Sean Kessler, 3700 Archwood, commented on cell phone usage. He said that in his morning commute, he has seen vehicles cross the center line on Center Ridge and southbound on Wagar as drivers are distracted by their phones. He thinks that cell phones are a huge distraction, hands-free or not, far more so than eating. Sending text messages also promises to be dangerous, and he maintains that talking or texting drivers have nearly killed him many times. He would like to see action to curb phone use while driving. He compared phone use while driving to watching a Cavaliers' game and listening to his wife outline chores for the weekend at the same time. His focus would be on the game and his mind would give only peripheral attention to his chores.

Fred Sokol, 20021 Parkview, thanked Mr. Moran for a very informative meeting. Regarding bike paths, he suggested that if a four-lane street is not wide enough to accommodate both cars and bikes, one lane could be designated for bicycles and pedestrians.

As to cell phones, he said that driving is a privilege, not a right, and people need to drive responsibly. He thought that driving while participating in other activities might be considered reckless driving.

Mr. Gollinger asked Chief Wagner about traffic at Hilliard and Wooster, now that there are two one-way streets. He wondered if cars have been using the eastbound lanes to travel to the west.

• •Chief Wagner responded that there is no problem that he has seen. It is, of course, against the law, and some drivers may be tempted to go the wrong way. This has not, however, been a serious problem.

As there was no further discussion by members of the Safety Committee, the meeting was adjourned at 7:06 p.m.

_______________________________ _______________________________

James W. Moran, Chairman Misao Kurokawa

Safety Committee Clerk of Council