CITY OF ROCKY RIVER

DECEMBER 27, 2006

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

in the Don Umerley Civic Center.

Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mr. Hurtuk,

Mrs. Bartolozzi, Mr. Long, Mr. Hagan

Administration: Mayor Bobst, Mr. Thomas

Law Director: Mr. Bemer

Press: Mrs. McKenzie, Mr. Saylor

The meeting was opened with the Pledge of Allegiance. Mr. Hagan then asked for a moment of silence to commemorate the passing of President Gerald Ford.

MOTIONS:

Moved by Mr. Hagan, seconded by Mr. Gollinger, that the reading of the minutes of the Legislative Meeting and Executive Session of December 11, and the Public Hearing and the meeting of the Committee-of-the-Whole of December 18 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

Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that the reading of the minutes of the meetings of the Finance Committee of December 12 and December 18 be waived, and that the minutes be accepted as submitted.

Vote: Hurtuk - aye Gollinger - aye Hagan - aye Long - aye

4 ayes 0 nays PASSED

MAYOR'S REPORT:

The Mayor announced with great pleasure that once more the City has been awarded its 19^th consecutive Certificate of Achievement for Excellence in Financial Reporting. She congratulated Finance Director Thomas for his fine work on the CAFR which resulted in this recognition.

A memorandum has been received from Mr. Mackay regarding the City of Cleveland water service agreement. He has reviewed the agreement and has also included comments and suggestions, recommending a meeting with a Water Department representative for further information. The Mayor suggested a meeting with Chris Nielsen, the Commissioner of the department who has prepared a Power Point presentation and will be willing to discuss the agreement as well as tax-sharing principles. The Administration will arrange for the meeting if requested to do so by Council.

Last week, several members of the Administration discussed the draft of the tree ordinance presented by Tim Simon of the Beautification Committee. Mr. Linden, Mr. Koran, Mr. Beirne and Mr. Reyes reviewed the document in the context of Chapter 945. When their review is concluded, it will be forwarded to Council.

An Open House was held at the Senior Center with 150+ residents in attendance. The event was covered by the Plain Dealer and will be featured in the paper this Sunday or the next.

• Mr. Gollinger asked about the Tree Program, whether major changes would be made in designated trees. The Mayor noted that it has been recently updated. CEI's trimming of many trees has shown that some are not appropriate plantings under utility wires. Work has been done on the selection of trees for planting under utility wires. On Morewood, for instance, such drastic trimming was done that trees will be removed and replaced if residents so desire.



• Mrs. Bartolozzi asked if there is a time limit placed by the City of Cleveland on acceptance by our City of the water service agreement. Mayor Bobst responded that at this time, they are very flexible, recognizing that this is a major change for other cities. Although a date will eventually be placed on their calendar, at present, they want cities to take their time in considering the agreement.



• Mr. Hagan suggested a discussion of the water agreement at the first meeting of the Committee-of-the-Whole on January 2 and requested that it be placed on the agenda.

LAW DIRECTOR'S REPORT:

Mr. Bemer has received updates on both minimum wage legislation and the non-smoking issue passed in November.

Last week, the legislature passed House Bill 690 which clarified the language of the minimum wage legislation, delineating those subject to and exempt from the law. Record keeping is basically as it has been, with employees being entitled to know employer information such as name, address, phone number. Similarly, the employer is entitled to know the same. The issue of confidentiality was addressed with information being available only to the employee, his attorney or his union representative. Further, part-time or seasonal employees and students employed by a political subdivision are exempt from the minimum wage.

Regarding the smoking issue, the Ohio Department of Health has published proposed rules for enforcement of the ban. A draft is available on its website through January 11, and the agency is soliciting comments. There is another potential six-month period before the final rules will be enforced.

• The penalties range from a written reprimand for a first offense to a $2500 fine for a fifth offense. This will be recurring every two years.
• If commercial vehicles are used by more than one individual, a smoking ban will be in effect.

Mr. Bemer urged everyone interested to visit the website for more information.

The City has received notifications of two applications for liquor licenses.

• The first is from the Hilliard Shell station, 19300 Hilliard. This is being reviewed by the Police Department. A response from Council will be due by January 16. They have made previous applications going back to 1985.
• The second is for the Beachcliff Tavern on Detroit Road. There may be an issue with this application, and an investigation is being made.

Mr. Long asked about the January 16 deadline. Mr. Hagan explained that by the meeting of January 9, information will have been received, and a decision can be made as to whether or not to request a hearing before the Liquor Control board.

Mr. Moran asked if there is a difference in procedure for a new permit application and an application for transfer of the permit. Mr. Bemer said that the process is the same, that whenever an application comes under legislative review, there is an opportunity to comment.

Mr. Hurtuk noted that the application for the Hilliard station was expected, as Council has opposed gas station sales. He said that Council owes it to residents to oppose the sales of alcohol at gas stations, wondering how many applications will be forwarded in the coming months.

• The Mayor indicated that she has spoken to officials at the Board of Liquor Control who told her that estimates of population numbers are updated regularly for purposes of allotting liquor permits. Official census figures are not used, but there is a system in place to estimate population, using new housing among other statistics.



• Other stations in town were enumerated which may be interested in the permits, and Mr. Bemer was requested to ask other cities how they have fared in preventing sales. Mr. Bemer noted that he has already spoken to Detective Gulas who told him that the Shell station in question has applied in 1985 and 1993. He will see how Rocky River compares with other cities in surrounding areas.

Mayor Bobst indicated that she has contacted the Ohio Municipal League regarding the minimum wage and has been cautioned that the bill is still evolving, due to a number of individuals who

would like to see a veto. The bill has not yet been signed. This bill is important because it has a

direct impact on the City.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

AUDIENCE PARTICIPATION:

Fred I. Sokol, 20021 Parkview Avenue commented on Ordinance No. 154-06, noting amounts set in this budget for certain projects, questioning their value and suggesting other uses for funds, e.g. the $1,676,000 slated for general bond retirement. He questioned paying off debt wondering if it would be done only in order to incur further debt.

He further questioned the timing of the passage of the budget at the end of the year, as well as the daytime meeting with directors to discuss expenditures. He suggested that if those meetings could be held in the evenings, more people would be able to attend to hear about expenditures as well as revenue.

MOTION:

Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that Ordinance No. 154-06 be amended to reflect changes to the Exhibit "A".

Discussion: Mr. Hurtuk explained that during the past weeks, some adjustments have been made and reviewed by the Finance Committee. The changes are found in Exhibit "A" and were explained at the last meeting of the Finance Committee. Since that time, there have been no changes.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 154-06 BY BRIAN F. 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

3^RD READING

Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that Ordinance No. 154-06 be passed as read:

Discussion: Mr. Hurtuk commented that over the past several weeks, two meetings were held to specifically discuss the budget: the first with directors to discuss expenditures, held during the day to accommodate the directors, and a second evening meeting to discuss revenues. A public hearing was also held.

He said he wished to publicly thank all members of Council who reached out to directors and commissioners and worked with them. As this City operates under a strong mayor system, Council does not set policy or create the budget. The Administration, however, is available to discuss it at any time.

This budget passed this evening is a guide. Figures will be regularly watched to be certain revenues cover expenditures. Otherwise, changes will be made. With this active Council, he asserted that he expects the process to be even better in the coming year. He commented that this budget is conservative on revenues and aggressive on expenditures. The City has an excellent bond rating, low tax rates and veteran leadership.

Mr. Hurtuk then commended the Mayor and directors for their work in gathering information and formulating the budget before the end of the year. He said that to him, it made no sense to discuss a budget for that year in February and March. This is the right way to start the year. Next year, he suggested that it may be presented even sooner. He urged Council members to join him in voting for the passage of the budget.

Mrs. Bartolozzi noted that this year, at the Public Hearing, attendance was consistent with what it has typically been in past years, i.e. few attend. She suggested that this is a vote of confidence in the actions of the Council and the Administration since unhappy residents will come to voice their opinions. Moving the discussion to where it should be, before the start of the budget year, has not changed the attendance at the Public Hearing.

Mr. Gollinger addressed the bond rating, noting that one reason it is excellent is because the City repays investors who invest in the City. A budget line reflects this.

Mr. Moran commented that the budget process began in August. He agrees with Mrs. Bartolozzi that residents feel confidence in their Administration and Council. He congratulated Mr. Hurtuk and all members of Council on a very worthwhile process and noted that he is already looking ahead to next year.

Mr. Hunt commented on how smoothly the process was handled. He found the directors very responsive to inquiries. With Mr. Harrington, for instance, the budget began at zero and he reviewed all items thoroughly with Mr. Hunt. He felt that the early start was beneficial. He said it was evident that the directors were a key component to getting the job done, and the City is lucky to have them.

Mr. Long pointed out that this is his first budget cycle. He added that the Administration and Mr. Hurtuk gave him support to allow him to participate fully. He wanted residents to know that there is no waste of anyone's money. This is a tight budget, the same process which has made the City a premier suburb.

Mr. Hagan congratulated Mr. Hurtuk on a job well done. This is his fourth budget, and he commended the Finance Committee Chairman for work done in preparation for this year's budget, begun immediately after the passage of last year's, particularly the handling of estate taxes. He noted that Council has had ample opportunity to look at budget figures, and will have another opportunity for review upon presentation of ordinances to pursue projects. He also praised the Administration's dedication to working on all aspects of sewer projects so that once repaired, residents won't have to worry again for many, many years. With passage of this budget, all departments will be ready to go to work on January 2.

Finally, Mayor Bobst extended thanks to Chairman Hurtuk for his leadership and support. The work of his committee and all members of Council will enable directors to get their work done and go out for bids at the first of the year. This budget is greatly resident focused. In July and August as directors began their work, she told them that their justification for any expenditure is how it benefits residents. Council members will be continually watch expenditures and revenues and monitor the budget.

In terms of having resident involvement, she has heard from Dr. Gary Previts, who has made suggestions for engaging residents in a number of ways. The City involves its residents through boards and commissions, committees, and individual residents who share what they value.

Another goal is to identify real and practical ways to save money. Last week, generators were discussed, and the Mayor suggested the possibility of a grant from Homeland Security or another similar agency. During the week a grant was identified, due mid-January, which could provide up to $3 million for local projects. The City will pursue its application for generators for all buildings on the campus, prioritized with the Don Umerley Civic Center at the head of the list. This is another case of directors looking for and finding opportunities to save.

Finally, she thanked all for the process in this, her first budget as Mayor.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

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

2^ND READING

Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 155-06 be read on three separate days be suspended, and that Ordinance No. 155-06 be placed upon its passage:

Discussion: This ordinance is a companion to the budget ordinance above, and includes changes to salaries provided for in the budget.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mr. Gollinger and Mr. Long, that Ordinance No. 155-06 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. 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"

2^ND READING

This ordinance was read for the second time. Mr. Moran would like further discussion next week at the meeting of the Committee-of-the-Whole.

RESOLUTION NO. 160-06 BY FRANK B. GOLLINGER

AN EMERGENCY RESOLUTION APPROVING THE PLACEMENT OF AN EROSION MITIGATION REVETMENT LOCATED WITHIN A LAKE ERIE SUBMERGED LAND LEASE ADJACENT TO PERMANENT PARCEL NO. 302-01-009 AT 22660 LAKE ROAD, ROCKY RIVER, OHIO

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Hunt, that the rule requiring that Resolution No. 160-06 be read on three separate days be suspended, and that Resolution No. 160-06 be placed upon its passage:

Discussion: Mr. Gollinger explained that this erosion mitigation project is a reconstruction of an existing revetment. The City's Building Department has contacted the residents of Breezevale Cove to be certain that there are no difficulties or negative responses to the proposed project. This was done voluntarily, and is not a requirement. As there was no negative response, Mr. Gollinger said that he sees no reason for delay.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Moran, that Resolution No. 160-06 be passed as read:

Discussion: Mr. Gollinger added that there will be no cost to the citizens, but that the project will be funded by the homeowner.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 161-06 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2006 AND TO AMEND ORDINANCE NOS. 12-06 AND 97-06

1^ST READING

Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi and Mr. Gollinger, that the rule requiring that Ordinance No. 161-06 be read on three separate days be suspended, and that Ordinance No. 161-06 be placed upon its passage:

Discussion: Mr. Hurtuk turned to the Finance Director who explained that the reason for passage now is to provide funding as the City goes into the first of the year. This is for departments which have transfers from the General Fund. This ordinance will reduce 2007 transfers by doing them now. Mr. Hurtuk added that this would be necessary whether or not the budget was passed.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mr. Long, that Ordinance No. 161-06 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. 162-06 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE APPROVING CERTAIN FUND TRANSFERS FROM THE GENERAL AND PERMANENT IMPROVEMENT FUNDS TO VARIOUS OTHER FUNDS FOR THE CITY OF ROCKY RIVER

1^ST READING

Moved by Mr. Hurtuk, seconded by Mr. Gollinger and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 162-06 be read on three separate days be suspended, and that Ordinance No. 162-06 be placed upon its passage:

Discussion: This is a housekeeping ordinance, based upon the request of the State Auditors who suggested that transfers be made over the course of the year.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mr. Long, that Ordinance No. 162-06 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. 163-06 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO CONTINUE THE HERITAGE HOME LOAN PROGRAM AGREEMENT AND AUTHORIZING THE PAYMENT OF AN ADMINISTRATIVE FEE OF $5,600.00

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Hunt, that the rule requiring that Ordinance No. 163-06 be read on three separate days be suspended, and that Ordinance No. 163-06 be placed upon its passage:

Discussion: Mr. Gollinger commented that in reviewing the activities of this program since its inception and during the past year, he believes that the ongoing participation by residents shows that it is of benefit. Many have taken advantage of its provisions to upgrade their properties. For this minimal fee, there is no reason to delay. Further, by moving forward now, some pending projects are assured of funding.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Long, that Ordinance No. 163-06 be passed as read:

Discussion: Since 2002, approximately $2.25 million has been applied toward the improvement of Rocky River properties. In 2006 alone, 13 applications meant $384,000 of reinvestment. These figures show that the program merits continuation.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Hagan noted that the Mayor has received a letter from Cox Communications announcing the addition of Weather Now to Channel 210 to replace Weatherscan Local.

For several years, Council was a member of NOCCA (Northeast Ohio City Council Association, Inc.). Mr. Hagan noted that the meetings feature speakers on topics of general interest and that the membership fee, included in the budget, is $400 per year. As there were no objections, Mr. Thomas will be authorized to submit the dues.

Mr. Hagan then announced that the annual meeting of the Community Improvement Corporation (CIC) will be held on Tuesday, January 16 at 7:30 p.m. before the meeting of the Committee-of-the-Whole at 8:00 p.m.

• Regarding the letter from Cox Communications, Mr. Gollinger has had several calls from residents concerning the selection and quality of programming. He asked if it is appropriate to have a representative from Cox at a Council meeting to discuss how programming is determined and what controls Council has, if any. Mr. Hagan indicated that he will contact Christy Bykowski, the Director of Public Affairs to make the arrangements.

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 9:05 p.m.

_____________________________ _______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council