CITY OF ROCKY RIVER

MAY 18, 2009

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

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Furry, Mr. Long, Mr. Moran

Absent: Mr. Mylen, Mrs. Arabian Whitman

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The Mayor distributed advance copies of the Rocky River insert for the coming issue of Cleveland Magazine. She said that the City was asked to be the subject of the insert for the "rating the suburbs" issue which will be out later this week.

In the "Biggest Loser City Edition" friendly contest between Rocky River and Fairview Park, the trophy was taken by Fairview Park which lost a total of 401 lbs. or 4.89%. Rocky River lost 357 lbs. or 4.55%. Many donated prizes were awarded, and a trophy presentation was made last week.

More than 60 volunteers came out for the garlic mustard pull and filled 101 trash bags. The Mayor thanked Chris Pfeil who organized the event for the ninth year with a special thanks to Ann Brokaw, a teacher at the high school who engaged many students to work on the project. She said this was a great effort which has made a wonderful impact on Elmwood Park.

Last Sunday the Rocky River United Methodist Church, with Law Director Bemer in attendance, dedicated and consecrated its new addition. The Mayor said this was a wonderful facility which would allow them to expand and enhance their ministries and community outreach. She also noted that they were very complimentary about the boards and commissions, the Building Department and the Fire Division; the architect and the contractor were pleased with their ability to work with the City to keep their project on time and under budget.

An ad appeared last weekend announcing a fire fighter/paramedic test which is a cooperative project between the Civil Service Commissions of Rocky River and Bay Village. The Mayor thanked the Law Director, the three members of the Commission and Mrs. Whitman who serves as secretary, for their innovative thoughts on cooperation between the two cities. This first cooperative test will be on Saturday, June 27 from 10:00 a.m. until 12:30 p.m.; applications will be accepted online only and applicants must have a certificate showing they have completed a physical agility test. The application and supporting documents must be submitted by noon on Friday, June 12; further details are available on the City's website.

Last week each shift of the City's fire fighters had an opportunity to train in fire rescue at the house on Plymouth which will be torn down this week. The Mayor said that on behalf of the City, she appreciated access to the building so that rescue techniques could be practiced. The house was not set on fire, but holes were chopped simulating rescues in emergencies. This access was provided by Lenny Weiss, an active property owner in the community.

Director Linden's office has received confirmation of a contract for road salt for the 2009-10 season. The Mayor was pleased that the contract has been awarded and indicated that the City will pay $43.53/ton, an increase of almost $4/ton from last year. Further, the City will now be committed to purchase 80% of its 5000 ton order. However, she reminded Council that at the end of last season, in January, she received an offer of salt from NEO/SO at $112-$127/ton, and said that submitting the request early insures that the City has what it needs to treat its roads and keep them safe. The Safety-Service Director said Mary Kay Costello was responsible for the success of this application.

This Thursday, fourth graders will fish off the pier at Bradstreet's Landing. Mrs. Neitzel, a teacher at Kensington School, wrote a grant application to ODNR which resulted in fishing equipment for the entire class so that they could experience the joy of fishing. The Mayor will also be on hand to help and encourage the class.

On Friday, Lolly the Trolley will tour the City with all the second-graders aboard. The students have completed a history lesson on Rocky River and will serve as tour guides on the trolley.

The Senior Center will host the annual 90+ birthday party on Friday. The Mayor noted that 279 individuals identified in the City who are 90 or older, and about 140 of them will come to the party along with their family members.

The Rocky River Relay for Life will be held all day Saturday beginning at 11:00 a.m. and will continue Saturday evening into early Sunday, ending with a service at 7:00 a.m. on Sunday morning. A letter has been sent to residents whose properties surround the field to make them aware of the coming event.

The Police Auction will also be Saturday, May 23. An e-update will be sent to let residents know some of what will be sold.

The Memorial Day Parade will leave the high school at 10:30 and will end with a ceremony at Lakewood Park Cemetery. The old fire truck will participate unless it rains, and the Mayor invited Council members to ride on it, or walk next to it.

UNFINISHED BUSINESS: NONE

MISCELLANEOUS BUSINESS:

Mr. Hunt has received an e-mail from a constituent regarding rate increases for Cox Communications. He brought it to Council's attention because rate changes are usually followed by resident comments and questions.

COMMITTEE REPORTS:

Contracts-Government and Judicial: Mr. Hunt reported that his committee met this evening with Mr. Sean Gormley, the Irish Barber, in attendance to discuss his TREX liquor license application for economic development. After discussion, contract amendments were recommended, and Mr. Hunt indicated that when the changes are completed, he will present it to Council.

Mr. Moran proposed a new form of committee report, beginning in June and continuing through July, with each committee chairman reporting on updates in his/her area during the last year or 18 months. He said that during June and July, he would call upon each Council member to give a five-minute update on developments, on new technology, or other aspects of the area as a whole. He will communicate with Council members.

NEW BUSINESS:

Ordinance No. 29-09: Mr. Shepherd explained that this ordinance will give the Civil Service Commission (CSC) the authority to set examination fees. With joint projects between cities, the flexibility for the CSC to set fees is necessary. He said that, with his experience serving on the Commission, he believes that the current members are most diligent, capable people. He has no problem delegating the setting of fees, as these members have made great efforts to control costs and make the operation of the Commission more efficient. He also noted that if this does not work out, the responsibility can be returned to Council. (Consent Agenda)

• •Mr. Bemer agreed, noting Mr. Shepherd's years of experience serving on the Commission. The Charter, in Article V, addresses the powers and duties of the CSC. He said that, in almost every instance, unless a charter specifically deviates from the general laws of the Ohio Revised Code, the ORC is followed. In the ORC, Section 124.40 addresses examinations, and Mr. Bemer said this should always have been under the purview of the CSC which is charged with all aspects of the examination process. It would provide the Commission with the necessary flexibility as further cooperative projects are undertaken.

Ordinance No. 30-09: In Mrs. Arabian Whitman's absence, Mr. Moran explained that this ordinance deals with the contract between the Recreation Department and a beverage provider. The difference in the two bids received, Coca-Cola and the current provider, Pepsi, is substantial. The Coca-Cola bid was received on time and presents a large advantage to the City. Mr. Moran has discussed these bids with Recreation Director Patterson, and learned that the eight-year contracts are requested by the City because that is usually the life of the scoreboards. Mr. Moran indicated that the City has seven scoreboards: two in Elmwood Park, one at the ice rink and four at the Umerley Civic Center. Since they all need updating and Coca-Cola's bid includes those updates, it is the better bid and provides other benefits for the City, including higher rebates for 20-ounce bottles such as those sold at the bait store.

• •Mr. Hunt asked about the sale of bottled beverages versus fountain drinks which would seem simpler. Mr. Moran said there could be issues of waste and the space required for storage. However, this contract would give the City the opportunity to switch to bottles if it wishes.

Mr. Moran also reported that Director Patterson's time schedule is short because Pony League begins on June 15 and other activities will also begin soon. (Consent Agenda)

Ordinance No. 31-09: Mr. Furry noted that this ordinance authorizes an inflow, infiltration and hydraulic modeling study. Two minor changes, the elimination of "and" were made to Exhibit "A". He explained that when WWTP Superintendent Harrington came in March, he said this ordinance would be presented, and that it had been budgeted. It has now been approved by the Management Committee, and will set a baseline for inflow and infiltration. The hydraulic modeling study will forecast, when rains come, what the system can handle and what sort of inflow can be expected. The EPA is aware of the study and would like its completion as soon as possible. (Consent Agenda)

COMMUNICATIONS AND ANNOUNCEMENTS:

Mayor Bobst indicated that the annual report from the WWTP has been prepared and distributed to members of Council. Mr. Furry commented that he will discuss the document in his report as Environmental chair. He noted, however, that the cover photograph showing clear water and a large rainbow trout was taken at Bradstreet's Landing. The Mayor said it was a demonstration of the good work done at the WWTP every day.

As there was no further business by members of Council, the meeting was adjourned at 8:32 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council

Next week's meeting will be on Tuesday because of the Memorial Day holiday.

CITY OF ROCKY RIVER

MAY 18, 2009

Contracts - Government and Judicial Committee

Transfer Exempt Liquor Permit under an Economic Development Project

The meeting of the Contracts - Government and Judicial Committee was called to order by the Chairman, Mr. Hunt, at 7:05 p.m. in the David J. Cook Council Chambers.

Contracts - Government and Judicial Committee Members present:

Mr. Hunt, Mr. Furry, Mr. Shepherd

Council Members present: Mr. Long, Mr. Moran

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

Guest: Mr. Sean Gormley, proprietor, The Irish Barber

Mr. Hunt explained that this meeting was being held to discuss a TREX (transfer exempt) economic development liquor application for The Irish Barber and indicated that Council members have received an updated cooperation agreement from the Law Director. He noted that this is not unprecedented, citing the Heinen's application some years ago which also was based on meeting certain economic criteria to obtain a liquor permit. Although there are differences, particularly in the economic impact, Mr. Hunt reported positive comments from the community about Mr. Gormley's ideas and the resulting business plan.

The TREX application results from the fact that Mr. Gormley is presently on a waiting list for a liquor permit. Because there are currently no D1 licenses available in Rocky River, a transfer of an additional license from another community is possible if Council feels that Mr. Gormley's business plan meets the economic criteria. The committee, and then Council, will discuss the issue to see if a letter should be sent to the Division of Liquor Control stating that this transfer would be part of an economic development and that Council has no objections to such a transfer. Mr. Gormley has presented his business plan to Council, explaining his expansion, hours and other conditions. He has said he would like a place where those waiting for a haircut can enjoy a beer and socialize with other customers.

The cooperation agreement was then discussed. Mr. Hunt pointed out that under this agreement, the sale of beer will occur only during normal business hours of operation, and he noted the difficulty of enforcing a provision which allows beer only for those having their hair cut. He turned to members of his committee for further general statements:

• •Mr. Shepherd noted that this shop is in his ward, and he has reviewed the issue carefully. He is in favor of the plan as presented, noting that he feels that a bar/restaurant is not needed at that location. He added that as an additional service to the barber shop, he thought it could work, and he would like to keep the business in Rocky River. Therefore, he focused more attention on the agreement. He wondered, in the event that the permit is transferred to a subsequent user, if problems could occur, because as a different legal entity, the next user would not be bound by the agreement. He suggested a provision that if the business is sold, Mr. Gormley will not sell the permit without the agreement of the subsequent buyer to the provisions of the contract.



• •The Mayor responded that she had asked Mrs. Umerley, Mr. Bemer's assistant, to check with the state, and she reported that the Division of Liquor has said that when a license is issued as a TREX, it is always a TREX, and is not added to the aggregate of the City's regular licenses. In order to be used, it must be approved by Council as an economic development. She also noted that prior to every October, the legislative authority is able to review each license in the City, and comment to the liquor authority.



• •Mr. Bemer added that the transferee would also have to submit an economic business plan and comply with the rules of a TREX transfer. He noted that with a TREX application, Council has good control of all issues of consent and enforcement and confirmed that enforceability would be with the local authority.

Hours of operation were discussed, and the Law Director said that there are no restrictions during the day, but that the 2:30 a.m. closing time must be observed.

• •Mr. Furry commented that, since his place of business has been across the street from Mr. Gormley's shop for four years now, he has seen that Mr. Gormley has tried to find the best use for his building. He feels that this idea may appeal to a niche market and could work out well. His staff will be increased by 150%, from two to five, so if hours are controlled, he favors allowing this business to expand.

Mr. Gormley asked, assuming his idea is successful, whether he can return to request an additional day or additional hours. Monday could be added, but not Sunday which requires a special permit.

• •Mr. Hunt said that this is an agreement, and as with other City agreements, it can be amended.
• •The Law Director suggested that if Mr. Gormley foresees that an additional day could be helpful, it should be included now.
• •The Mayor agreed, noting that if Mr. Gormley wishes to increase days or hours before his track record can be established, Council may be reluctant to grant changes.
• •Mr. Moran noted that Mr. Gormley can be heard at any Legislative Meeting.
• •Following discussion, it was decided that Council members would be willing to extend the schedule to Monday, but that the hours should remain as stated.

Mr. Shepherd asked if occupancy is tied to the number of parking spaces. The Law Director said that the number of parking spaces required is dependent upon square footage, not occupancy. The City's policy is currently under review as it is more restrictive than that of many other cities. It was emphasized that this business will be a barbershop first, with the pub as a secondary service.

Mr. Hunt also mentioned the letter from Mr. Gormley's attorney, Mr. Simon, which outlines requirements from the Ohio Revised Code and said that, based on current discussions, he saw no objections which would delay the process.

Mr. Hunt then expressed some concern about youngsters who would frequent the shop with their fathers and want to be served an alcoholic beverage.

• •Mr. Gormley pointed out that his is a family shop and stated that there would be no consumption of alcohol in the barbershop area. In the pub area, pop, water, chips and pretzels will also be offered. He pledged to keep a close eye on the pub to be certain that the atmosphere is consistent with what he wishes to create.



• •Further discussion established that drinking by those underage is legal when in the presence of their parents, but Mr. Moran indicated that the final decision is up to the bar. Mr. Gormley pledged not to serve alcohol to those under age, even with parental consent which would make it legal, offering references from former establishments he has owned as to the high moral standard he has maintained.

• •Mr. Hunt asked that this be added to the contract.

Regarding background checks, the Mayor explained that when the requirements for the TREX are met and the application is accepted, the process will proceed as it does for other liquor permit applications, and the background check will be made at that time. Mr. Hunt emphasized that this thorough discussion is not personal, but is part of the thorough procedure undertaken for this type of liquor permit. He commented that everyone at this meeting wants his business to succeed and this unique service to be offered, just as Mr. Gormley does. However, he needs to be sure that everything is done properly and that laws are followed.

Mr. Gormley, responding to a question, stated that the separate pub is necessary because his shop is a state-registered barber shop, and no alcohol may be brought into the shop. Regarding permits for food vendors, Mr. Gormley said he has contacted his CPA who told him that once she has his liquor license number, she will obtain a vendor's license.

The Mayor asked what would happen if Mr. Gormley decides to relocate his business to a larger space in the City.

• •Mr. Bemer said that would be possible under this contract.



• •Mr. Shepherd pointed out that any change of location must be approved by the Division of Liquor Control.



• •Mr. Furry noted that Mr. Gormley owns the building and may have options to expand in his present location.

• •The Mayor said she sees this possibility as a positive which would signal the success of the business, and Mr. Gormley said that if more space were to be needed, he would like to expand on his property.

Mr. Moran commented that although he was initially doubtful about this project, he feels that Mr. Gormley's specific plans have increased Council's comfort level. He sees this as a positive asset to the City's business community, and said that he will agree with the Contracts Committee if they recommend the project. He explained that questions posed were also part of the process for those who will follow and have a different idea to be presented.

Mr. Hunt said he, too, was much more reserved when first approached with this unique proposal. When the business plan was presented, he saw what has gone into the planning and that Mr. Gormley has a stake in the business and in the City.

Mr. Gormley, asked about the article in Cleveland Magazine, indicated that another photo shoot was scheduled and he is looking forward to the article which will appear in the June/July issue. He thanked Council for giving him the opportunity to grow, acknowledging the risk on both parts. He said he would work hard to be a positive landmark in the City.

Moved by Mr. Hunt, seconded by Mr. Furry, that the Cooperation Agreement between the City and The Irish Barber be amended by:

• •Adding Monday as an additional day of operation in Section 2, subsection b;
• •Adding language prohibiting serving those under legal age regardless of parental consent in Section 2, subsection b,
• •On the recommendation of the Law Director, changing Section 2, a to read: beer shall be provided and sold for on premises consumption only, and not for carry out, exclusively at the applicant's current location of 19500 Center Ridge Road, Rocky River Ohio
• •Subsection e, changing "minors" to "underage individuals".
• •Finally, on the third Whereas, changing the wording to read: WHEREAS, Applicant has submitted to City Council an Economic Development Plan which contends that ....

Vote: Hunt - aye Furry - aye Shepherd - aye

3 ayes 0 nays PASSED

When the agreement has been amended, it will be reviewed, sent to Mr. Gormley, and further action taken as appropriate.

There was no further discussion from committee members, and the meeting was adjourned at 7:46 p.m.

_______________________________ _______________________________

Thomas J. Hunt, Chairman Misao Kurokawa

Contracts - Government and Clerk of Council

Judicial Committee