CITY OF ROCKY RIVER

NOVEMBER 27, 2006

Regular meeting of Council was called to order by Mr. Hagan, President of Council, at 8:03 p.m.

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: Mrs. McKenzie, Ms. Mitchell

The meeting was opened with the Pledge of Allegiance. Mr. Hagan took a moment to eulogize Casey Coleman, noting that the Cleveland icon had passed away and his funeral service will be Friday at St. Angela's at 10:30 a.m.

MOTIONS:

Moved by Mr. Hagan, seconded by Mr. Gollinger, that the reading of the minutes of the Legislative Meeting of November 13, and the Special meeting and meeting of the Committee of the Whole of November 20 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:

The Mayor showed Council members photos of the very successful tree-lighting festival, All Aglow, which was held last Saturday. Mr. Hagan had the honor of throwing the switch to light the trees. Several hundred residents attended, and the event was so successful that later, at the Senior Center, they ran out of crafts and refreshments. This very successful event was sponsored by the Rocky River Jr. Women's Club and continues to grow each year. The Mayor congratulated the group on its success and thanked those who worked at the Senior Center.

The Mayor spoke this week to Mayor George of Lakewood about the Dog Park. Mayor George indicated that an abundance of new signage had been placed throughout the park educating dog owners of their responsibilities in curbing dog noise. The Lakewood Law Director will enforce their noise ordinances as it concerns barking dogs.

The Mayor has also communicated with Bill Gonzales, manager of the Rocky River Post Office, requesting a list outlining the scope of improvements going forward as discussed by District Manager Spencer Hsu. She has offered to see if the City will have a role to play in the renovation as discussed earlier. To be included in the project will be landscaping, restriping, repaving, fence and mail receptacle placement.

As requested last week, the Mayor has provided information on proposed improvements to Council Chambers and estimates of cost requirements. Following Council review, the project can be discussed further.

This Wednesday, the first NEOSO meeting will be held from 8:00 to 10:00 a.m. To be discussed will be the past year's activities, products and services currently provided, and feedback on other items that member municipalities would like to purchase through them. Suggestions should be shared with the Mayor who will relay them to NEOSO.

Mayor Bobst commented on a wonderful note enclosed with a flag in the new flag receptacle which thanked the City for providing such a useful service. Actually, the Mayor said, it was a Scout project. The box fills frequently and is emptied by the Fire Department which recently found 10 flags and two pieces of U.S. mail.

The Recreation Department brochure and the Senior Center's Quill are in the mail.

Next week, members of athletic teams honored in recent resolutions passed by Council will be in attendance to hear them read in their entirety.

A cover letter and fact sheet regarding the water service agreement has been received from Cleveland Mayor Frank Jackson and has been distributed to Council members. The letter contains an offer to have a member of his administration meet with Council, if they are interested, to discuss any questions regarding the agreement. If Council would like this presentation, representatives may be invited after the first of the year.

Discussion: Mr. Gollinger noted that it was a Ward 3 scout who installed the flag receptacle. He also entered a letter into the record from Carol Buddie concerning the Lakewood Dog Park. (Exhibit "A")

LAW DIRECTOR'S REPORT:

Mr. Bemer has received the Norfolk Southern tallies for October which show that the average was 3.9 trains per day through Rocky River. The high was eight on one day and the low, one on two days. The 3.9 figure was lower than in September.

The Law Director has prepared a draft of the right-of-way legislation which will be disseminated to Council members this week.

The Ohio Department of Health will be charged with enforcement of the recently-passed Smoke-Free Ohio issue. This will include all employers not strictly family operated. Ohio becomes the 16^th state to have a smoke-free public act and the law will go into effect on December 7. However, Department of Health rules allow 6 months before enforcement guidelines will be in place. In the interim, it is anticipated that proprietors will self enforce the ban by installing appropriate signage and removing ashtrays. Fines of $100 to $2500 for repeat violations will be levied.

Discussion: Mr. Long asked if the penalties would be levied against the individual or the establishment. Mr. Bemer responded that it could be either, depending upon the situation. If the proprietor asked a patron not to smoke and the patron insisted, the penalty could be levied against him or her.

Mr. Gollinger wished to be certain that the City would not have the responsibility for enforcement of the ban. Mr. Bemer confirmed that enforcement would be done through the state, but added that the law will not take effect until December 7. Since the rules will not be made public for six months, he cannot say that there will not be a "pass down" from the state, but he does not anticipate that the City will take a proactive approach.

COMMITTEE REPORTS:

Parks and Recreation Commission: Mrs. Bartolozzi reported on the last meeting of the Commission held on November 21.

• There was a brief discussion of the impact of the passage of the minimum wage increase. Time sheets are now being pulled to see how many employees will be affected.
• From December 4 to February 23, the morning adult swim, usually held from 7:30 to 8:30, will be cancelled because of the students' physical education unit which will be at the pool, and the desire to avoid having the pool open to the general public during that time.

• •The ice rink improvements are complete, and the Commission expressed appreciation to the Administration for moving forward with the improvements after the decision not to include these improvements on the ballot issue for the expansion of the Don Umerley Civic Center. Those improvements are on schedule for completion in July, despite the fact that the expansion will not be under roof until spring. At present, applications are being accepted for the positions of aquatic and fitness managers.

Planning, Zoning and Economic Development Committee: Mr. Gollinger reported that his committee had met this evening, and he extended his appreciation to committee members and all attendees. He reported the following conclusions:

• •Free Standing Commercial Signs- the Administration is requested to enforce the ordinances currently in the Code. A grace period for removal of signs would be allowed before any property owner is cited.



• •Ordinance No. 150-06, regulation of portable home storage units. This ordinance will be updated to reflect the time that the unit can be on the property. The committee has decided that the initial period, upon application and payment of a fee, will be 15 days followed by another potential 15 days upon presentation of hardship, application and an additional fee. The units may be used twice a year at a residence, six months apart. The final draft will be presented at next week's meeting.



• •Rental Inspection Program. Mr. Gollinger has asked the Law Director to provide an ordinance amending the practice of annual inspections for properties which have 20 units or more and a resident manager. Mayor Bobst was pleased to advise him that this is currently possible with the Code as written.

Finance Committee: Mr. Hurtuk presented the Finance schedule for December:

• •December 4: Budget books received, a first reading of the legislation at a Special Meeting.
• •December 11: Second reading
• •December 12: Committee meeting with directors and other principals, discussion of expenditures. (8:30 a.m. - 11:30 a.m.)
• •December 18: Committee meeting, discussion of revenues with an executive summary of expenditures, (7:00 p.m. - 8:00 p.m.)
• •December 18: Public Hearing, 8:00 p.m.
• •December 27: Third reading and opportunity to vote on the ordinance.

Mr. Hagan thanked Mr. Hurtuk, calling his program aggressive but exciting. If the ordinance is received by Friday, he will call a Special Meeting for the first reading on Monday, December 4. After a short discussion, it was determined that Wednesday, December 27 would be the best day for the Council meeting during the holiday week.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 139-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH ROYALCARE ENTERPRISES, INC. FOR SNOW REMOVAL FROM RESIDENTIAL APRONS

2^ND READING

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi and Mr. Gollinger, that the rule requiring that Ordinance No. 139-06 be read on three separate days be suspended, and that Ordinance No. 139-06 be placed upon its passage:

Discussion: Director Linden noted that over 51 individuals had qualified and enrolled for the apron-clearing service, so this contract should be approved in case of snow.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Moran and Mr. Long, that Ordinance No. 139-06 be passed as read:

Discussion: The price on this contract is excellent. Mr. Linden pointed out that with additional gas and overtime, it would be much more expensive to have the Service Department perform the work.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 150-06 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AMENDING CODIFIED ORDINANCE SECTION 1141.05 OF THE CITY OF ROCKY RIVER IN ORDER TO REGULATE THE USE OF PORTABLE HOME STORAGE UNITS ("PODS") AND TO ALLOW THE USE OF TEMPORARY CONSTRUCTION STRUCTURES DURING REMODELING OR EXPANSION OF RESIDENTIAL DWELLINGS

This ordinance was not read. Mr. Gollinger announced that it would be on hold pending modifications.

ORDINANCE NO. 151-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT FOR VARIOUS INSURANCE COVERAGES FOR THE CITY OF ROCKY RIVER WITH McGOWAN AND COMPANY, INC. FOR THE YEAR 2007 AT A TOTAL COST OF $179,841.00

1^ST READING

This ordinance, and the two which follow, concern insurance coverage for the City, the Court and the WWTP. Mr. Hagan indicated that all three will be discussed at the next meeting of the Committee-of-the-Whole and that he will call for a vote at the Legislative Meeting of

December 11.

ORDINANCE NO. 152-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT FOR VARIOUS INSURANCE COVERAGES FOR THE ROCKY RIVER MUNICIPAL COURT WITH JACKSON, DIEKEN & ASSOCIATES FOR THE YEAR 2007 AT A TOTAL COST OF $10,644.00

1^ST READING

See discussion for Ordinance No. 151-06.

ORDINANCE NO. 153-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT FOR VARIOUS INSURANCE COVERAGES FOR THE ROCKY RIVER WASTEWATER TREATMENT PLANT WITH JACKSON, DIEKEN & ASSOCIATES FOR THE YEAR 2007 AT A TOTAL COST OF $56,055

1^ST READING

See discussion for Ordinance No. 151-06.

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION:

Carol Benyo, 22671 Briscoe Drive, came forward to explain problems she is experiencing from the property adjoining hers. She said that she believes she has sustained damage to her patio and fence because of water damage. She alleged that the property maintenance code is very vague, but she has given the City two years and no one has come out or responded despite several visits to the Building Department.

• •Mayor Bobst stated that the Building Department had inspected the adjoining property and that the problem has been discussed with Mrs. Benyo multiple times.

Ms. Benyo continued that she has been unable to use her patio for two years and that the new owners have removed all the grass, replacing it with mulch. She said that she does not see a problem with the post office or why the City should be concerned. The properties surrounding the post office need work and proper maintenance, and further, she sees nothing wrong with the Project Lightspeed boxes. No one in those two projects has had to spend money to repair damage as she has.

Asked for more information about her property, she declined, saying she did not wish to make all of her information public at this time.

• •The Mayor is trying to resolve this issue, noting that the wishes of residents were consulted as well as commitments made by the post office to improve that property.



• •Mr. Gollinger added that it is not necessary to compare one's problem with others. This type of problem is typically well-handled by the Administration and the Building Department.

Fred Sokol, 20021 Parkview, commented on the free standing commercial signs discussed at the meeting of the Planning, Zoning and Economic Development Committee. Noting that Code Section 1163.06 (f) deals with this issue, he thanked Council for revisiting the law on this subject. Although some signs can be ugly and annoying, he said that they do promote an awareness of services available from businesses. This helps to promote capitalism, and he asked Council to repeal some or all of these restrictions. He would like it known that Rocky River welcomes and supports business and that he would like to see the repeal of the freestanding commercial sign ordinance.

As there was no further business by members of Council, the meeting was adjourned at 8:44 p.m.

_____________________________ _______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council