CITY OF ROCKY RIVER

MARCH 1, 2010

The Committee-of-the-Whole was called to order by Mr. Hunt, President Pro Tem of Council, at 8:00 p.m.

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Mylen, Mr. Furry,

Mrs. Arabian Whitman, Dr. Schieda,

Absent: Mr. Moran

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

Press: Ms. Toth

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The Mayor began by updating her report on the $228,000 in grant funds available to Rocky River from NOPEC, the energy consortium with which the City has an opt-out plan for its residents. At the Mayors and Managers meeting last Thursday, the Executive Director of NOPEC indicated that the funds are available to individual communities which have accounts with the consortium. The funds will be available for one year beginning March 1 for a single project or multiple projects which meet specifications, up to the total available for the community. The Administration is already working on potential submissions.

The Cuyahoga County Planning Commission has received an additional $3 million from the Department of Energy that will be awarded in grants designated for energy projects similar to Community Development Block Grants. The Mayor was asked if the City has completed an energy audit. This has not yet been done because of the cost and the added issue of finding an unbiased company to perform the audit. To apply for many additional grants through ARRA funding, this audit must first be in place. The Mayor has verified that energy audits can be funded and that criteria are now being finalized and will be presented through workshops.

In collaboration with the Cuyahoga Soil and Water Conservation District, an abstract has been submitted to EfficientGovNow presenting a framework for stormwater management for the four communities that flow to the WWTP. If successful, an inventory and assessment will be compiled of all stormwater management practices in the four participating communities, Rocky River, Fairview Park, Westlake and Bay Village. Best practices will follow and then an implementation model for individual and/or all communities. Abstract selection will be made by the third week in March. If selected, a comprehensive form must be completed with all details of the project; then the residents of the area will vote on which projects they believe have the most merit and should be funded.

The Community Emergency Response Team (CERT) has 52 individuals who have enrolled for the current training sessions. Classes now being conducted include disaster preparedness, medical components, light search and rescues, fire safety, terrorism, disaster psychology and a final demonstration project. Most recently, members helped with traffic and administrative management in the distribution of the H1N1 vaccine to the community. Their basic focus is training to assist law enforcement officials as well as fire and EMS in the event of a disaster or tragic event.

The Westshore Regional Fire Department Study continues. The first meeting to hear comments from the public will be held next week, on March 9 at the Senior Center. The work thus far has been assessment and inventory of equipment, practices, community demographics and buildings for each community. There will other public input sessions, and, as yet, no recommendations have been made.

The Taxpayer Assistance Program will once more be held at the Civic Center on Saturday March 20 and Thursdays, March 25 and April 8.

The final pretrial hearing for the Dog Park was postponed due to the weather and will be held tomorrow.

Discussion: Mr. Hunt asked if the 52 individuals now training for CERT are new trainees, and how many are enrolled in the program. The Mayor confirmed that the 52 are new trainees. At present, CERT has 163 members, and training is ongoing.

Mr. Furry asked about the energy audit, and how it would coincide with the application for NOPEC funding. The Mayor responded that there would be no problem, but already two projects are being considered for NOPEC funding: one is LED light replacement at 22 intersections which have not yet been completed at a cost of $2500 per intersection; the other would be the replacement of an inefficient generator. She added that both would have energy-saving aspects, and others are being considered. She said she felt that the energy audit would be completed in a timely fashion because the funding is in place, and its completion would enable communities to apply for further ARRA grants.

UNFINISHED BUSINESS:

Ordinance No. 48-09: Dr. Schieda indicated that this ordinance, as discussed at earlier meetings, authorizes the adoption of an updated Development Code. There has been a deferral of the final draft because of an emergency in the family of consultant Alisa Duffey Rogers. He stressed to Council members the importance of settling questions by contacting him, Mr. Beirne or Mr. Koran for answers, noting that he had spent time with Mr. Beirne on Friday for answers to his own questions. A public hearing will be held, but the date has not yet been established.

Ordinance No. 4-10: This ordinance authorizes rezoning of the property purchased by the City north of the City Hall campus from Residential to Public Facility. This ordinance will be read for the second time next week, and a Public Hearing will be held on March 15.

Ordinance No. 11-10: Mr. Shepherd indicated that this is the Community Challenge funding ordinance, explaining that this is a nonprofit organization that is dedicated to preventing and reducing youth use and abuse of drugs.

• •The amount of the funding will not exceed $29,000 and will be appropriated from the General Fund - Police, for services rendered which are specified in the proposal.
• •Approximately 29% of Community Challenge funding is procured from sources other than the City. Quarterly invoices are issued as well as operating financials.
• •According to their 2009 Annual Report, some of their programs include EduVention, parenting programming, family-focused community events such as the Basketball Challenge Cup and the Summer Family Fun Fest, newsletters and e-blasts and the Rocky River Coalition for Youth Asset Development including Family Game Week and Red Ribbon Week. (Consent Agenda)

• •Mr. Hunt asked about a date for the Basketball Challenge Cup, and the Mayor responded that it will be April 16.

Ordinance No. 12-10: Mr. Shepherd noted that this ordinance would authorize the purchase of approximately 5000 tons of salt for next winter hrough the ODOT Cooperative Purchasing Program. The funds will come from the Street Construction, Maintenance and Repair Fund and also the State Highway Fund. (Consent Agenda)

• •Safety-Service Director Linden explained that the City uses an average of 3500 to 5500 tons per year. One thousand tons were carried over from last year and 3100 tons have been spread this year with 900 tons remaining at the Service Department, so the minimum order of 4000 for this year will be met. City orders must be 4000 to 6000 tons according to the terms of this contract. Mr. Linden asked for prompt passage so that the City will be on the list of eligible participants when bids are opened in May.

MISCELLANEOUS BUSINESS: NONE

COMMITTEE REPORTS:

Mr. Furry reported that the quarterly meeting of area mayors convened by the Cleveland Airport will be held in Rocky River tomorrow morning at the Don Umerley Civic Center. An update on the Part 150 Noise Compatibility Study will be discussed.

NEW BUSINESS:

Ordinance No. 13-10: Mr. Furry reported that this ordinance makes changes in maximum noise levels permitted for air conditioning units and heat pumps. Both will be excluded from the maximum noise level of 50 dB from 9:00 p.m. until 7:00 a.m. and will be permitted to be 60 dB at all times.

• •Law Director Bemer explained that he and the Building Commissioner noticed errors and omissions which were the result of conversion of files from WordPerfect to Word. He said that this was the genesis of recognizing that this section required revision. According to his documentation, in 2000 it was clearly articulated that the intent of Council and the Administration to modify maximum decibels for residential air conditioners to 60 dB at all hours. That was not done in the ordinance as created under the old computer system.



• •Mr. Shepherd asked about the considerations behind allowing the air conditioning decibel level to be higher. Mr. Bemer noted he gathered from the minutes and discussions with Mr. Beirne that air conditioning runs 24 hours a day in warm weather and there is no causal relationship to distinguishing day from night.



• •Mr. Mylen asked if there are many resident complaints in reference to this maximum level. Mr. Bemer said no, but that there were issues a year ago. He thought this might be covered by the revision of the Development Code, but it is not in Chapter 11. Still, as building uses and related issues are being addressed, he thought this would be an appropriate time to revise this section. More recent condensers are significantly quieter than in the past because of modern technology. This was confirmed by Dr. Schieda who has purchased a quieter unit.



• •Mr. Shepherd asked if Director Bemer knew what the dB reading of a newer air conditioner would be, noting that differentiation between night and day occurs because people sleep at night and want quiet conditions. Mr. Bemer will investigate noise levels of new units and testing procedures.



• •Mr. Mylen suggested the possibility of an ordinance requiring that new air conditioners have a lower dB level than older units. Mr. Bemer said that could create a problem with permissible noise levels in other equipment.



• •Mr. Furry said that side locations of condensers can disturb neighbors. Mr. Shepherd said the issue should be reviewed in conjunction with revisions to the Development Code because if side variances are no longer permitted and air conditioners make more noise, that situation could create conflict.



• •Dr. Schieda suggested that decibel levels be carefully considered before allowing an air conditioner to be moved from the rear of the house to the side.

Discussions will be resumed next week with additional information from Mr. Bemer about condenser and ambient noise. Essentially, he said, issues have been created by activities at residences out of the norm, such as outdoor parties.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Hunt mentioned that Thomas Moran, son of the Council President, finished in 14^th place in the State Diving Competition, Division 2 for boys last Thursday. He offered congratulations for this excellent achievement.

As there was no further business by members of Council, the meeting was adjourned at 8:37 p.m.

______________________________ ______________________________

Thomas J. Hunt Misao Kurokawa

President Pro Tem of Council Clerk of Council