CITY OF ROCKY RIVER

APRIL 23, 2007

Regular meeting of Council was called to order by Mr. Hagan, President of Council, at 8:05 p.m.

in the David J. Cook Council Chambers.

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.

MOTION:

Moved by Mr. Hagan, seconded by Mr. Gollinger, that the reading of the minutes of the Legislative Meeting and Executive Session of April 9 be waived, and that the minutes be accepted as submitted.

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

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays 1 abstention PASSED

Moved by Mr. Hagan, seconded by Mr. Long that the reading of the minutes of the meeting of the Committee-of-the-Whole and the Executive Session of April 16 be waived, and that the minutes be accepted as submitted.

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

Bartolozzi - abstain Long - aye Hagan - aye

6 ayes 0 nays 1 abstention PASSED

MAYOR'S REPORT:

Funeral arrangements have been made for Lance Corporal Danny Scherry, who has returned to Rocky River. The Busch Funeral Home will handle arrangements with visitation on Thursday and Friday and the funeral at Our Lady of Angels on Saturday morning. After the funeral, Lance Corporal. Scherry will be buried at Lakewood Park Cemetery. A motorcade from the church to the cemetery will travel down Hilliard to Wooster and then to Detroit. The Mayor encouraged residents to join together along the route on Detroit to pay their respects and show support for the family. Any questions may be addressed to Mark Busch who has done an excellent job of coordinating arrangements and making certain that the needs of the family have been met. A resolution honoring Danny Scherry has been presented to Council this evening, and the Mayor requested that Council waive the 72-hour notification rule and vote for passage this evening.

The grand re-opening of the library was held this weekend, and the Mayor noted that many Council members were in attendance on Friday. She applauded the library, its Board and the Friends of the Library as well as other supporters for the renovation, noting that it preserves the history and architecture of the library. She especially praised the presentation of the Cowan pottery collection and the special spaces for children as well as the teen area, and commended the library for its use of technology to fulfill the informational and recreational needs of residents.

The presentation of the Board of Health concerning preparations for a flu pandemic has been scheduled for Monday, May 14. The presentation will be attended by members of the Administration as well as Council members Mr. Hunt and Mr. Moran. The Mayor thanked them for their participation.

Tickets, at $5 each, are still available at the Senior Center for the "Would You Like to Feel Like a Millionaire" drawing. The grand prize winner will receive so many gifts from City merchants that he or she will feel like a millionaire. The drawing will be held Thursday at 2:00 p.m.

Pool passes and camp registrations will be available beginning Saturday. The Father-Daughter Dance will also be Saturday. More information is available from the Recreation Department.

Finally, the Mayor announced that Meredyth McKenzie, the Sun Herald reporter who has covered the City of Rocky River and the school board so ably for the last three years, will be leaving next month. The Mayor applauded her talents and commented that she appreciated her accuracy, fairness and completeness, noting that she will be missed.

LAW DIRECTOR'S REPORT:

The monthly report from Norfolk Southern Railroad has been received. During March, an average of 3.7 trains per day passed through the City with a high of 7 on 2 days and a low of 1 on 3 days.

The Police Department has concluded the background investigation on the applicant for the transfer of the liquor license at the Beachcliff Tavern

With Chief Wagner and Detective Carlson, Mr. Bemer attended the hearing before a magistrate of the Liquor Control Board. They testified as to issues pertaining to the BP station on Hilliard which has requested a new license and raised issues such as the heavily traveled road, the nearby nursery school, and the abundance of other licenses in the area. Because the station is approximately 1000' of the entrance to I-90, they testified as to the number of traffic violations on that road in the last year as well as more serious first degree misdemeanors in the last two years. They presented the best evidence possible in support of the objection to the granting of the liquor license. On April 30, a similar hearing will be held concerning the Shell station approximately 300' east of the BP.

Last Friday morning, Mr. Bemer and Economic and Community Development Director Kory Koran met with Chamber of Commerce representatives Greg Thompson and Frank Eilberg to discuss temporary business signage. Although they reviewed regulations of ten other communities, they found no consistency, as regulations ranged from allowing any to allowing none. In an attempt to reach a consensus between the needs of the business community and the order and safety of consumers and residents, the group discussed signs which are attached to other signs, a building, or are weighted. In this way, it will not present a danger or obstruction to pedestrians. He then mentioned projection signs, also prohibited, which are becoming popular once more and are not obtrusive. Mr. Bemer will work on drafting an ordinance this week, with input from Mr. Koran, Mr. Beirne and the Mayor, and will hope to have it for Council review in a week and a half.

Through the efforts of Finance Director Thomas, he and Mr. Bemer met with officials of the Central Collection Agency (CCA). The CCA is a clearing house for collection of local income tax which is due on any earned income. At present there are 773 individuals who have failed to file or who owe balances totaling approximately $250,000. The CCA would like to begin collection, suggesting criminal prosecution, using the enforcement power of the Court. The Law Director has discussed the situation with the Mayor who suggested a period of amnesty during which those individuals may come forward voluntarily and pay taxes owed without incurring the penalties of criminal prosecution. The proposed criminal prosecution program would begin in mid-summer. It is hoped that the local news media will publicize the amnesty period where amounts owed can be paid without the penalties of criminal prosecution.

• Mr. Moran asked how many were involved in the non-payment, and whether the number has remained consistent or gone up or down. Mr. Bemer explained that the number of 773 includes some combinations of non-filing and non-payment. With this large number, those owing the most would be prosecuted first. A meeting has been scheduled with the local Court for May 8, as a specific docket will be necessary to address these cases. Mr. Thomas further explained that this is the next step in a program begun last year. The number is what remains of the original 1400 who were sent notices last year.



• Responding to further questions from Mr. Gollinger, Mr. Thomas pointed out that 1400 non-filers or payers were identified through the database of the CCA. Notices were sent, and almost half responded, meeting with CCA officials last November and early December. These residents filed returns and paid taxes or set up a payment program. That effort netted more than $150,000.



• Mr. Long asked if the CCA participates in similar programs in other communities. Mr. Thomas explained that this is the next step in the process of collection of taxes owed. CCA may participate in collection programs for one or two communities per year. Mr. Bemer credited Mr. Thomas with requesting assistance from the CCA in collection of taxes owed the City. He noted that this is why the program is being pursued here.

• Mrs. Bartolozzi asked if the 773 individuals were informed by letter last fall that they owed taxes. Mr. Thomas confirmed that they were, noting that not all are individuals, some are business accounts. These 773 will receive another letter notifying them of criminal prosecution.



• Mr. Hagan expressed interest in the temporary signage. He has been contacted by business owners who have complained that their business has decreased with the enforcement of the ban on temporary signage. When Center Ridge was widened, they lost ground space, so they would like to restore some signage. He will be interested to see what regulations are proposed.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran reported that last Friday, he had accepted the invitation of Mrs. Wilhelmy's third grade class to speak at Kensington School and explain the legislative branch of the City's government. He complimented the students on their excellent questions and rapt attention, noting that Mrs. Wilhelmy and Mr. Ryback, the principal, are doing a fine job. As a result of that class, he invited the students to attend a Council meeting, and recognized those in the audience.

Mr. Moran also announced that the 3^rd Annual 5K Charity Challenge will be held on June 24. This event, which features a walk as well as a run, is sponsored jointly by the Democratic and Republican Clubs of Rocky River to benefit three charities: the Senior Center, Meals on Wheels, and the High School PTA Scholarship Fund. He commented that the event has grown each year, and should be even larger this year.

Mr. Hagan announced that he has been in touch with Ken Prendergast of All Aboard Ohio! to arrange for his presentation for Council. Because Mr. Prendergast will be out of the country on the original date, his appearance has been rescheduled for 7:30 p.m on June 4 preceding the meeting of the Committee-of-the-Whole.

MOTION:

Moved by Mr. Hagan, seconded by Mr. Moran and Mr. Gollinger, that the 72-hour Rule of Notification be waived, and that Resolution No. 40-07 be placed on the agenda of the Legislative Meeting.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 6-07 BY FRANK B. GOLLINGER

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 304-07-073 FROM ITS PRESENT CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL

(1F-R1) TO LOCAL BUSINESS (LB) IN ITS ENTIRETY AS FURTHER DESCRIBED IN EXHIBIT "A"

Mr. Gollinger indicated that this ordinance will remain on hold. The applicant appeared before the Planning Commission last week and presented a new plan. Mr. Gollinger has received a communication from the applicant, but would like further discussion with Mr. Beirne before moving for an indefinite postponement for this ordinance.

RESOLUTION NO. 10-07 BY FRANK B. GOLLINGER

AN EMERGENCY RESOLUTION IN SUPPORT OF FEDERAL FUNDING FOR A WEST SHORE CORRIDOR ALTERNATIVES ANALYSIS

This resolution will also continue on hold, pending receipt of requested information. Mr. Gollinger is hopeful that the information will be received within the next month.

ORDINANCE NO. 36-07 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AMENDING CHAPTER 1163 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER BY AMENDING SECTION 1163.10 ENTITLED "SIGNS PERMITTED IN RESIDENTIAL AND PUBLIC FACILITIES DISTRICTS" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

This ordinance was discussed at the last meeting of the Committee-of-the-Whole and has been redrafted with a referral to the Planning Commission. However, in view of comments from Council members, before that referral, Mr. Gollinger would like to discuss the language of the ordinance at the next meeting of the Committee-of-the-Whole.

ORDINANCE NO. 37-07 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AMENDING CHAPTER 1163 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER BY AMENDING SECTION 1163.11 ENTITLED "ADVERTISING SIGNS" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Mr. Gollinger said that the would also like to discuss this ordinance before referral to the Planning Commission.

ORDINANCE NO. 38-07 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 AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 38-07 be read on three separate days be suspended, and that Ordinance No. 38-07 be placed upon its passage:

Discussion: Mr. Hurtuk commented that this is a housekeeping ordinance for the City's finances, and there is no reason to delay its passage.

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 Mrs. Bartolozzi, that Ordinance No. 38-07 be passed as read:

Discussion: Mr. Hurtuk turned to Finance Director Thomas who explained that the amounts are shown in the ordinance because of the recommendation of the auditors that Council be advised when transfers are made. This is done at this time because departments are ready to move forward with their activities. All are within their budgeted amounts, and he is doing the full amount of the transfer that was budgeted.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 39-07 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WHEREBY THE STATE OF OHIO WILL SUPPLY UP TO $24,107.00 FOR THE OPERATION OF THE MARINE PATROL FOR THE YEAR 2007, AND AS FURTHER DESCRIBED IN THE ATTACHED AGREEMENT

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Moran, that the rule requiring that Ordinance No. 39-07 be read on three separate days be suspended, and that Ordinance No. 39-07 be placed upon its passage:

Discussion: Mr. Hagan expressed pleasure that this ordinance will bring money to the City to help finance the Marine Patrol. Since this means income for the City, he said that there is no reason to delay.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Long, that Ordinance No. 39-07 be passed as read:

Discussion: Mayor Bobst noted that the City has an award-winning Marine Patrol, providing an invaluable service to residents and others who enjoy the water. This part of law enforcement has been an excellent addition to the Police Department. There is a wide patrol area, and the Mayor indicated her appreciation for the support from the State.

Mr. Gollinger added that it is the only Marine Patrol from the Cuyahoga River to Avon.

Mr. Hunt asked if Federal funds might be available from Homeland Security. The Mayor indicated that Sgt.Gulas is always looking for assistance, but that she will mention it to him tomorrow.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

RESOLUTION NO. 40-07 BY THE MAYOR, THE LAW DIRECTOR,

AND ALL MEMBERS OF CITY COUNCIL

A RESOLUTION COMMEMORATING LANCE CORPORAL DANIEL R. SCHERRY

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Moran, that the rule requiring that Resolution No. 39-07 be read on three separate days be suspended, and that Resolution No. 39-07 be placed upon its passage:

Vote: Gollinger - aye Moran - aye Hunt - 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. 39-07 be passed as read:

Discussion: Mr. Gollinger commented that Daniel Scherry was a fine young man and a loss to the community. The community should be proud of the way he performed his duties. He urged residents to show their support on Saturday along Detroit Road.

Mr. Moran also expressed deep sympathy for his family and noted that the City has an opportunity to show support for the family with its attendance.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

All present participated in a standing ovation for Daniel Scherry.

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION:

Fred I. Sokol, 20021 Parkview, shared remembrances of Daniel Scherry from 2005. He found Mr. Scherry an inspiration and urged others to try to be brave and strong and good residents.

James Swingos, Kensington School, asked how many laws have been enacted this year. Mr. Hagan responded that each ordinance is numbered, and the last one passed so far this year is 40.

Lauren Ritvo, Kensington School, answered the Mayor's question about fire hydrants. The Mayor noted that the City has 1043 hydrants.

As there was no further business by members of Council, the meeting was adjourned at 8:53 p.m.

_____________________________ _______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council