CITY OF ROCKY RIVER

DECEMBER 11, 2006

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

The meeting was opened with the Pledge of Allegiance.

MOTIONS:

Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that the reading of the minutes of the meeting of the Planning, Zoning and Economic Development Committee be waived, and that the minutes be accepted as submitted.

Vote: Gollinger - aye Bartolozzi - aye Hurtuk - aye Hagan - aye

4 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Gollinger and Mr. Long, that the reading of the minutes of the Legislative Meeting of November 27, and the Special meeting and meeting of the Committee of the Whole of December 4 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

*Mr. Moran abstained from the vote on the minutes of December 4.

Before the Mayor's Report, Council President Hagan noted the presence of Ted Brink, a Rocky River High School athlete to be honored by Resolution No. 159-06. As there were no objections, that resolution was read immediately.

RESOLUTION NO. 159-06 BY MAYOR BOBST, LAW DIRECTOR BEMER AND ALL MEMBERS OF COUNCIL

A RESOLUTION COMMEMORATING THE OUTSTANDING PERFORMANCE OF A ROCKY RIVER HIGH SCHOOL GOLFER, TED BRINK, HIS COACHES AND ATHLETIC STAFF

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Moran, that the rule requiring that Resolution No. 159-06 be read on three separate days be suspended, and that Resolution No. 159-06 be placed upon its passage:

Discussion: Mr. Hagan commented that Ted was present last week, and as he was deserving of a resolution honoring his accomplishments, he was invited to return this week. There is, therefore, no reason to delay passage of this resolution.

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. Long, that Resolution No. 159-06 be passed as read:

Discussion: Council members congratulated Ted Brink on his performance, his perseverance, and his fine representation of the City.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MAYOR'S REPORT:

The Mayor was able to reach Mayor Sutherland of Bay Village to discuss the history of central dispatch and North Olmsted's involvement. She was able to confirm that a motion was made, and that the mayors had agreed to extend an offer to North Olmsted to join without payment of the first year's fees. More than a year ago, that city received a large grant and purchased GPS locators which were placed in emergency vehicles. This system would complement the central dispatch system, and the mayors felt that this equipment, combined with the contribution of North Olmsted's experienced dispatchers would add appreciably to the program. It was hoped that the offer extended would persuade North Olmsted to participate. An agreement would have to be struck which would then come back to the council of each city.

Mr. Mackay, the City's consulting engineer, will provide guidance regarding the Cleveland Water service agreement. He has reviewed it and his knowledge of how it will impact capital improvement projects and water lines will help Council make its decision on the contract. A representative of Mayor Jackson's office can also attend a Council meeting for further discussion, if necessary.

This morning at the Directors' Meeting, efforts to establish a municipal records management program were discussed. Last week the Records Commission met and as a result, each director has been requested to prepare an inventory of documents by February 1. A booklet, Local Government Records Handbook, has been forwarded to the President of Council, and he has been requested to designate a records officer. Following the inventory, an appraisal of each document will be made, a decision made on how long each document will be maintained, and a disposal protocol established. Once identified, the inventory will be forwarded to the state in accordance with the guidelines.

Work on the renovation of Council Chambers will begin on Tuesday afternoon, when ductwork will be removed.

Letters regarding the free standing commercial signs have been sent to business owners displaying the signs. They must be removed by January 1.

The 2007 rubbish collection schedule has been disseminated and will be sent to those who have enrolled in the e-update program. It will also be posted on the City's website.

Last week there were two successful City events: a Skate With Santa was held at the Ice Rink, and a gala Holiday Program was attended by over 250 at the Senior Center.

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

The BZA will meet Thursday at 7:30 p.m. Six items are on the agenda.

The City will bid farewell to WestLife reporter Jennifer Mitchell. The Mayor praised Ms. Mitchell's coverage of City news, calling her stories accurate and fair, and noting that she has been relentless in her pursuit of the story. She also welcomed the City's new reporter, Ben Saylor, hoping that he will be with us for a long time.

Finally, the Mayor requested an Executive Session under Article X, Section 6, Subsection (4), regarding a labor negotiation matter.

MOTION:

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that an Executive Session be held immediately following the meeting to discuss preparing for, conducting or reviewing negotiations under Article X, Section 6, Subsection (4) of the Charter

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

LAW DIRECTOR'S REPORT:

Last Thursday, December 7, Smoke Free Ohio went into effect. Based on local reports, there were no incidents or problems in enforcement. The Law Director noted that, at present, there is only self-enforcement, as the Ohio Department of Health has six months to create an enforcement policy. He did hear, however, of an incident in Marietta when a patron refused to extinguish his cigarette or leave and police were called. He was charged with trespass for failing to leave when requested. At present, proprietors of public places (where the public is welcome and invited), are required to provide signage prohibiting smoking and to remove ashtrays. A summary of the new law is displayed on the City's website.

Mr. Bemer, with his counterparts in Bay Village and Lakewood, will meet with Mr. William Harris, a representative of Norfolk Southern to discuss the Quiet Zone. He has spoken to Mr. Harris about the confusion regarding the Notice of Intent, and was told that specific Supplemental Safety Measures (SSM's) are necessary to trigger the next step, the diagnostic study period.

• Mayor Bobst added that she has also been making inquiries and has contacted Congressman Kucinich's office where she was given three possible sources of information: the Mayor of Brookpark, the Mayor of Olmsted Falls, and Ron Reese, in Washington, D.C., the director of the Crossing Safety Program of the FRA (Federal Railroad Administration). She is hoping for more information on what needs to be included with the Notice of Intent. Martin Gelfand, of Congressman Kucinich's office, felt that the two cities mentioned may be further along in the process.



• Mr. Gollinger thanked Mayor Bobst for moving forward and indicated his opinion that Mr. Reese will have some answers, as he has been involved from the beginning.

Mr. Bemer noted Council's question about whether the number of trains is significant, and he pledged to make that inquiry of Mr. Harris.

COMMITTEE REPORTS:

Finance Committee: Mr. Hurtuk noted that the first meeting of the Finance Committee to discuss the 2007 Budget will be held on Tuesday, December 12 at 8:30 a.m. Next Monday, it will meet at 7:00 p.m., prior to the Public Hearing and the meeting of the Committee-of-the-Whole. Following those meetings, the committee will decide if further discussion is required. For tomorrow morning's meeting, Mr. Hurtuk explained that about 15 minutes is typically allotted for each department represented, with some opening comments and dialogue between Council members and directors.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Hagan and Mayor Bobst mentioned that NOCCA (Northeast Ohio City Council Association) is seeking an at-large member and a member to serve on its nominating committee. Interested members may contact Steve Bennett. It was noted that Council is not presently a member of the association, although it has been in the past.

Mr. Moran said that he wished to commend the Police Division for its handling of two situations, the first at Bradstreet's which involved the SWAT team. If not for the training of the officers and

the leadership of Chief Wagner, the outcome could have been different. In the second situation, new officer David Kenney was able to apprehend a suspect in three or four robberies. He wished to recognize and commend both Chief Wagner and Ptl. David Kenney.

AUDIENCE PARTICIPATION: NONE

There were no requests for changes to the Consent Agenda.

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

2^ND READING

Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 151-06 be read on three separate days be suspended, and that Ordinance No. 151-06 be placed upon its passage:

Discussion: This ordinance was discussed in detail at last week's meeting of the Committee-of-the-Whole. Although the premium on this policy is slightly higher, it provides an extra $1 million of umbrella coverage and $10 million more liability coverage. Mr. Hagan commented that he appreciated Mr. Linden's efforts in carefully scrutinizing the provisions of each proposed policy to be sure that the premiums are money well spent and that the City has good coverage.

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. Gollinger, that Ordinance No. 151-06 be passed as read:

Discussion: See discussion above.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

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

2^ND READING

Moved by Mr. Hagan, seconded by Mr. Long, that the rule requiring that Ordinance No. 152-06 be read on three separate days be suspended, and that Ordinance No. 152-06 be placed upon its passage:

Discussion: This ordinance, which authorizes insurance coverage for the Court, has been reviewed by Mr. Gareau who is pleased by the lower deductible and premium. Since the insurance should be in place, there is no reason to delay.

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 Mrs. Bartolozzi, that Ordinance No. 152-06 be passed as read:

Discussion: See discussion above.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

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

2^ND READING

Moved by Mr. Hagan, seconded by Mr. Long, that the rule requiring that Ordinance No. 153-06 be read on three separate days be suspended, and that Ordinance No. 153-06 be placed upon its passage:

Discussion: As with the two previous ordinances, Mr. Hagan acknowledged the work of Mr. Linden to assure the best coverage at the best price; he saw no reason to delay passage.

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. Hunt, that Ordinance No. 153-06 be passed as read:

Discussion: Mr. Hagan noted that Jackson, Dieken has been the successful bidder for this contract for the past 4 or 5 years. This policy will provide an extra $4 million in umbrella coverage.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 154-06 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE TO MAKE APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2007

2^ND READING

With this second reading, Mr. Hurtuk noted that the budget process is continuing.

ORDINANCE NO. 155-06 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE CREATING POSITIONS AND FIXING THE ANNUAL SALARIES AND HOURLY RATES FOR THE APPOINTED EMPLOYEES IN THE SEVERAL DIVISIONS AND DEPARTMENTS OF THE CITY OF ROCKY RIVER

1^ST READING

This ordinance will be further discussed at the meeting of the Committee-of-the-Whole.

ORDINANCE NO. 157-06 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AMENDING CHAPTER 139 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER BY DELETING SECTION 139.03 ENTITLED "PRISONER DAILY FOOD ALLOWANCE" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Mr. Moran indicated that this ordinance will be discussed at the next meeting of the Committee-of-the-Whole.

RESOLUTION NO. 158-06 BY BRIAN F. HAGAN

AN EMERGENCY RESOLUTION CHANGING THE REGULAR LEGISLATIVE MEETING OF ROCKY RIVER CITY COUNCIL SCHEDULED FOR DECEMBER 25, 2006 to DECEMBER 27, 2006 AND THE REGULAR LEGISLATIVE MEETING OF ROCKY RIVER CITY COUNCIL SCHEDULED FOR JANUARY 8, 2007 TO

JANUARY 9, 2007

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Gollinger and Mr. Long, that the rule requiring that Ordinance No. 158-06 be read on three separate days be suspended, and that Ordinance No. 158-06 be placed upon its passage:

Discussion: In order to simplify two meeting day changes, Mr. Hagan mentioned that both will be covered by this ordinance. The meeting of December 25 would normally fall on December 26, but because of travel schedules, it will be on December 27. The meeting of January 8 will be postponed to January 9 when all members will be able to attend.

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. Gollinger, that Ordinance No. 158-06 be passed as read:

Discussion: See discussion above.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

ORDINANCES UNDER CONSENT

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 AND TO ALLOW THE USE OF TEMPORARY CONSTRUCTION STRUCTURES DURING REMODELING OR EXPANSION OF RESIDENTIAL DWELLINGS

1^ST READING

Mr. Gollinger commended members of his committee for their swift action in the handling of this legislation . This will regulate the use of portable home storage units in a manner fair to the user and to the community. It also addresses the safety issue and will answer complaints received by the City, giving direction to the Building Department in a clear policy.

ORDINANCE NO. 156-06 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH SHULTZ FLUID HANDLING FOR THE POLYMER FEED EQUIPMENT REPLACEMENT PROJECT AT THE WASTEWATER TREATMENT PLAN IN AN AMOUNT NOT TO EXCEED $52,836.00

1^ST READING

Mr. Hunt noted that Council had an opportunity to hear from the Superintendent Harrington of the WWTP last week. Mr. Harrington explained that the replacement of this equipment, which is 21 years old is necessary. This is the lowest and best of three bids.

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

Vote: 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 Mrs. Bartolozzi, that the ordinances of the Consent Agenda be passed as read:

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION:

Fred Sokol, 20021 Parkview, wished everyone a Merry Christmas and a Happy New Year. On the refurbishing of Council Chambers, he said that he loved the present look which exudes government, Council and decisions, and he was sorry to see it go. But, he noted that change is good.

He thanked the Administration for honoring the outstanding athletes of the community, recognizing their dedication and hard work to achieve their goals. He expressed the hope that they will return to the community once they graduate, because they are tomorrow's leaders.

As there was no further business by members of Council, the meeting was adjourned at 8:50 p.m.

_____________________________ _______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council