DRAFT

CITY OF ROCKY RIVER

OCTOBER 13, 2003

Regular meeting of Council was called to order by Mrs. Bobst, President of Council, at 8:01 p.m.

Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Malling,

Mrs. Bartolozzi, Mr. Hurtuk, Mrs. Bobst

Administration: Mayor Knoble, Mr. Linden, Ms. Wollenzier, Mr. Lesiecki, Mr. Patterson

Law Director: Mr. Matty

The meeting was opened with the Pledge of Allegiance.

The minutes of the regular meeting of September 22 were read and approved as submitted.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Hurtuk, that the reading of the minutes of the Executive Session of September 22, and the Special Meeting and the meeting of the Committee-of-the-Whole of October 6 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

MAYOR'S REPORT:

This Saturday and Sunday, October 18^th and 19^th, will be the next event in the City's Centennial celebration, the Steeple Chase-not a race, but an opportunity to visit the churches of Rocky River which will all be open from 1 p.m. to 4 p.m. on both days. For further information, contact the Mayor's office.

A new website task force has been formed to improve and update the City's website. Members Phil Ardussi, Ron Gottschalk, Jim Umerley, Pamela Bobst and Heather Wagner will join the Mayor on October 24 at 8:00 a.m. for the next meeting. Already, minutes have been archived for the month of September and another set will be added weekly.

The Mayor had the pleasure of attending a flag-raising ceremony at The Harbor Court with a flag flown over the Capitol in Washington, D.C. on behalf of Mrs. Allport, a resident. Mayor Knoble very much enjoyed his visit to this seniors' facility.

The Elmwood Park Cabin held its grand opening at a very nice event. The Mayor thanked Recreation Director Patterson and his staff for their efforts and the extra time they spent to insure that all went smoothly.

The Mayor has received a recommendation from Police Chief Wagner to add a police dog to our department. An interested officer has volunteered. The Mayor noted that in this area, the only other community without a canine unit is Bay Village. Any comments should be forwarded to the Administration before a recommendation is made.

The Business to Business Expo 2003, co-sponsored by the Chamber of Commerce and other businesses, was a tremendous success. The Mayor estimated the attendance at between 500 and 1000, and he was told that a large crowd was present until the end of the program. He thanked Mr. Koran who served as co-chairman.

Further information from Cox Cable indicates that the LWV Candidates' Night will be taped by a team from the high school and later broadcast on Cox Channel 45. Time will be announced.

The Beautification Committee will meet tomorrow evening at 7:30 p.m. A report has been received from America in Bloom which shows that our city placed fourth in its division in the 20,001 to 25,000 population category. We also received a special mention for community involvement and many good constructive comments. A more detailed discussion of the report may be seen in the minutes of the Beautification Committee.

Leaf pickup has begun. At this point, crews are picking up wherever they see leaves out, but as the season progresses, a pattern will be developed for regular pickup.

A NOPEC agreement has been received including, as promised, a net 5% discount to all who have not opted out of the program.

The Inglewood project has restarted, having been delayed by the ordering and installation of new manhole covers which were not anticipated. Crews will be working four 10-hour days weekly.

Chief Wagner attended the AAA Community Safety Awards program. Our City was recognized because there were no pedestrian fatalities in 2002 and the City has gone 12 years without a fatality.

The Mayor has held extensive conversations regarding corner lot setbacks. In the course of those conversations, he determined that the shorter property line is considered the front, regardless of how the house is situated on the lot.

With Director Linden, the Mayor met with the new commodore of the Yacht Club, discussing several matters of mutual interest including traffic, noise, and boat speed.

Thursday, Mayor Knoble spoke to the Metro West Kiwanis, and he participated in the Rocky River Kiwanis pancake breakfast on the weekend.

The latest information shows that our website received an average of 135 "hits" per day in September.

A report has been received from Chagrin Valley Engineering showing results from the I-90 Noise Barriers Meeting. By a slim margin, respondents favored fiberglass (recommended by ODOT) over other choices and that will be the recommendation of the Administration.

Last week the BZA approved a new application form prepared by Commissioner Kevin Beirne and his staff in an effort to eliminate confusion in the process of applying for a variance. This new form will go into effect very soon. The Mayor extended his thanks to Mr. Beirne.

Depot Street has been striped and re-opened with two-way traffic. There are now 35 parallel parking spaces, and the Mayor commented that traffic is significantly improved.

An update has also been received from Community Challenge outlining progress on the contract with the City through the first half of 2003.

LWV election guides are also available.

Discussion: Mr. Malling asked for an update on the Westover traffic situation. The Mayor reported that there had been little progress. He spoke with Mayor Patton last week and obtained the name of her recreation director. He has, however, been unable to contact that person for more information on the soccer program. He has also had no response from Dr. McDaniel. When information is received, the Mayor will make a final determination of what moves are appropriate.

Mr. Gollinger asked if the BZA application form has been approved by the Law Director. Mr. Matty indicated that he had seen four revisions, approving it before presentation to the Board.
Mr. Gollinger also asked about the NOPEC discount, asking about the 8% sales tax levied if consumers choose a supplier other than Dominion East Ohio. The Mayor responded that he had been careful to say "net" in regard to savings, indicating that River consumers will save 5% over the rate they would have paid to Dominion.
Mr. Frost wondered if signage is necessary, indicating that Depot now carries two-way traffic. The Mayor said that at present a yellow line indicates two-way traffic, but that Mr. Linden will take the matter under advisement. No tickets are being issued as yet.

LAW DIRECTOR'S REPORT:

Mr. Matty indicated that at the last meeting, the Fire Chief and Mr. Crowe had submitted a new Chapter 1511 on open burning. He has met with the Chief and suggested revisions, so a final version should be ready in ordinance form for review and passage soon.

Last Thursday Mr. Matty detected an irregularity in the pool bids. He followed that with conversation with the architect. It is their joint recommendation that Ordinances 178-03 and 179-03 be removed from this week's agenda due to an irregularity in the bids.

Sgt. Gulas has received no further information on the Rodos liquor permit application. Mr. Matty suggests that Council, by motion, enter an objection to the requested transfer. He asked the clerk to notify the liquor department, and at the same time to send a letter to the applicant requesting further information on company officers.

MOTIONS:

Moved by Mrs. Bobst, seconded by Mr. Hurtuk and Mr. Malling that Ordinances No. 177-03, 178-03 and 179-03 be removed from the agenda due to bid irregularities.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Malling, that City Council enter an objection to the transfer of the liquor permit for Rodos, Inc., and that such objection be registered with the Ohio Department of Liquor Control.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

COMMITTEE REPORTS:

Mr. Frost noted, that as announced in the Law Director's report, an ordinance on open burning is in process.

The Working Group on Animal Control Laws will meet on November 3, at 7:00 p.m. in the Committee Room.

Mr. Malling stated that he had been called by two landlords, and wondered if their question could be discussed. They asked:

What happens if a tenant provides a social security number (SSN) which the landlord reports to the City and somehow the number becomes public information. Can the landlord be liable, as he as been told by his attorney?.
What happens if the tenant declines to give his number?
What happens if the tenant provides erroneous information?

Mr. Matty responded that as to liability questions in # 1 and # 3, landlords must consult their personal attorneys. But as an alternative, tenants may provide the number directly to the Finance Director. As to the second question, landlords need only provide in good faith whatever information is given to them.

Finance Director Wollenzier reported briefly on the history of this ordinance. Last year, it was determined that many tenants were not paying City income tax. To improve this situation, we followed the lead of other cities and have required that landlords provide at least the name and address of their tenants. The City will do the rest and ascertain through the CCA if that tenant has filed to pay City income tax.

Mr. Matty pointed out that some penalties under the income tax code are severe, and this method lets tenants know and avoid those unpleasant penalties.

Mr. Gollinger wondered about other suburbs who are using this system. Ms. Wollenzier mentioned Euclid, and said that their plan had been in effect for several years.

COMMUNICATIONS AND ANNOUNCEMENTS:

Condolences were expressed to Ann Hurtuk, whose grandmother has passed away.

Notice has been received from the Ohio Department of Liquor Control that our appeal has been scheduled for November 4 at 2:00 p.m. Mr. Matty indicated that this will be postponed until January or February at the request of the City.

Mr. Frost has received a letter from Dr. Allen, Superintendent of Schools, with input on the question of removal of certain prohibitions of right turns on red. Dr. Allen stated that he and the Board of Education have no objection to eliminating the prohibitions listed in the ordinance, but that he also wished to propose that two new prohibitions be initiated, at Lake Road Market, exiting onto Lake Road turning east and at the intersection of Lake and Avalon Rds. (Exhibit "A") Mr. Frost also wondered about the opinion of Chief Wagner. Mr. Linden commented that Chief Wagner was not in favor of eliminating the prohibition at Center Ridge and River Oaks.

A letter was received from Mrs. Erika Pilisy regarding pool improvements vs infrastructure improvements. (Exhibit "B")

The Beautification Committee will meet at 7:00 p.m. tomorrow.

Next week Director Koran will hold a Public Hearing at 7:00 p.m. in the David J. Cook Council Chambers. This is regarding the City's block grant application.

AUDIENCE PARTICIPATION:

Micah Varney, 19933 Lake Road and Joseph Feighan, 1297 W. 76 Street. Mr. Feighan, Mr. Varney's attorney, spoke on Resolution 173-03 which objects to the issuance of a liquor permit at Mr. Varney's service station. Mr. Feighan noted that Mr. Varney has operated the service station for 23 years. Because of differences with BP, Mr. Varney has decided to open a convenience store, and Mr. Feighan said that the survival of Mr. Varney's business is dependent upon the success of that store. He continued by disputing the objections raised in the resolution:

#1: that the number of permits in the neighborhood is such that the issuance of another

would be detrimental, Mr. Feighan said this was not specific. He pointed out that

beer and wine would be only two of a large array of products sold.

#2: that the location is residential. Mr. Feighan observed that this would create more

convenience for those residents in the neighborhood. Mr. Varney's record is

spotless with no violations. He runs a "tight ship and a clean ship"

#3: this is not correct information. According to a conversation with Mr. Orange of

Bearden's, Mr. Varney's station is at least 550 feet from Kensington School. He urged Council not to pass this resolution.

Mr. Varney, too, pointed out his good record in not selling tobacco products to minors and promised to take his responsibilities seriously.

Dr. James Schieda, 19950 Beach Cliff reminded Mr. Frost that Dr. Allen had also requested consideration for right turns from Lake Road Market onto Lake Rd.

ORDINANCE NO. 155-03 BY MAYOR WILLIAM F. KNOBLE

AN EMERGENCY ORDINANCE AMENDING SECTION 153.06 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "HOLIDAYS" AND AS FURTHER DESCRIBED IN EXHIBIT "A"

Mrs. Bobst commented that this ordinance will remain on hold pending changes.

ORDINANCE NO. 161-03 BY ROBERT S. FROST

AN EMERGENCY ORDINANCE AMENDING APPENDIX A OF PART THREE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "PROHIBITED RIGHT TURNS ON RED", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

Mr. Frost requested that this ordinance, too, remain on hold without reading until all proposed changes could be determined. Opinions will be sought from Chief Wagner, and in response to Dr. Schieda, Mr. Frost will reconsider the Lake Road/Avalon intersection and the Lake Road Market exit. In this way, the final draft would be prepared before the second reading.

RESOLUTION NO. 166-03 BY THOMAS A. MALLING

A RESOLUTION REQUESTING THE CUYAHOGA COUNTY ENGINEER TO PROCEED WITH THE REHABILITATION OF HILLIARD BOULEVARD (CR-69) FROM THE ROCKY RIVER WEST CORPORATION LINE TO THE ROCKY RIVER EAST CORPORATION LINE

1^ST READING

Moved by Mr. Malling, seconded by Mr. Hurtuk, that the rule requiring that Resolution No. 166-03 be read on three separate days be suspended, and that Resolution No. 166-03 be placed upon its passage:

Discussion: There is no reason to delay with three readings, since the City would like to expedite the work on Hilliard.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Malling, seconded by Mr. Hurtuk, that Resolution No. 166-03 be passed as read:

Discussion: This has been discussed several times in the Committee-of-the Whole, and it is time for the work to go forward.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 167-03 BY THOMAS A. MALLING

AN EMERGENCY ORDINANCE APPROVING SICK LEAVE ACCRUAL PAYMENTS TO SEVERAL EMPLOYEES OF THE FIRE DIVISION IN THE TOTAL AMOUNT NOT TO EXCEED $7,067.04

1^ST READING

Moved by Mr. Malling, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 167-03 be read on three separate days be suspended, and that Ordinance No. 167-03 be placed upon its passage:

Discussion: Since this is money we owe, we should not delay any further.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Malling, seconded by Mr. Hurtuk, that Ordinance No. 167-03 be passed as read:

Discussion: The Finance Director explained: in 1997, the Fire Department changed its hours from 56 to 49.9 hours and sick time accrual at the end of that year and the beginning of the next year was off by 19 hours. Now, to settle the accounts, 13 firefighters are being paid for 1/3 of the hours which were lost. This situation has currently been remedied.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 168-03 BY THOMAS A. MALLING

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO PAY HUNTINGTON NATIONAL BANK FOR THE ANNUAL BANK FEES OF THE ROCKY RIVER MUNICIPAL COURT IN THE AMOUNT NOT TO EXCEED $22,021.26

1^ST READING

Moved by Mr. Malling, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 168-03 be read on three separate days be suspended, and that Ordinance No. 168-03 be placed upon its passage:

Discussion: This is an annual fee incurred by the Court. Since the amount is not in dispute, there is no reason to wait six weeks.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Malling, seconded by Mr. Hurtuk, that Ordinance No. 168-03 be passed as read:

Discussion: This payment is made by the Court. Mr. Gollinger noted that he will abstain from the vote because he is employed by Huntington Bank. This abstention should not be interpreted to mean that he is not in favor of the payment.

Vote: Gollinger - abstain Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

6 ayes 0 nays 1 abstention PASSED

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Frost that the year in Section3 be changed to 2003.

Discussion: This would correct a typographical error.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

AMENDED RESOLUTION NO. 172-03 BY MAYOR WILLIAM F. KNOBLE

AND ALL MEMBERS OF COUNCIL

A RESOLUTION OBJECTING TO THE ISSUANCE OF A LIQUOR PERMIT FOR A LOCATION AT 19933 LAKE ROAD IN THE CITY OF ROCKY RIVER, OHIO, AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the rule requiring that Resolution No. 172-03 be read on three separate days be suspended, and that Resolution No. 172-03 be placed upon its passage:

Discussion: Mrs. Bobst commented that Council's feelings should be expressed to the State Board of Liquor Control, so this should move forward in order to meet the deadline.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Gollinger, Mr. Potterfield and Mr. Hurtuk, that Resolution No. 172-03 be passed as read:

Discussion: The Law Director addressed the issue: he contacted Dr. Allen who also objected together with the City to the issuance of another license in the neighborhood. Further, according to the GIS system, the station is within 500 ft of Kensington School. The area is residential, and there are already three permit holders close by-Grady's, Lake Road Market and Danny Boy's. The City administration does not wish to have another liquor permit in this area. Mrs. Bobst cited the City's history of objecting to liquor sales in gas stations. This is the fifth such objection to be filed.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 173-03 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH NORTHERN VALLEY CONSTRUCTION, INC. FOR MASONRY REPAIRS OF THE WEST DIGESTER AT THE WASTEWATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED $73,500.00

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Potterfield, that the rule requiring that Ordinance No. 173-03 be read on three separate days be suspended, and that Ordinance No. 173-03 be placed upon its passage:

Discussion: Bids have been received, and the work needs to be done while the weather is cooperative. This problem needs to be resolved, so the ordinance should move forward.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Potterfield, that Ordinance No. 173-03 be passed as read:

Discussion: Mr. Gollinger noted that this work is similar to that done to the east digester. Mr. Lesiecki confirmed that the work will not affect the operation of the unit. It will be funded by all the cities which make up the wastewater district. Mrs. Bobst asked if the City has worked with this firm before. Mr. Lesiecki said that we have, that their references included Jeff Harrington.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

MOTION:

Moved by Mr. Malling, seconded by Mr. Frost that Ordinance No. 174-03 be amended to delete the words "preliminary design" in three places in Exhibit "A".

Discussion: Mr. Matty expressed his preference for "evaluation" rather than "design" because Chapter 145 outlines a specific procedure for use of design services.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 174-03 BY THOMAS A. MALLING

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH GGJ, INC. FOR A SANITARY SEWER EVALUATION ON HILLIARD BOULEVARD AT A COST NOT TO EXCEED $13,000.00

1^ST READING

Moved by Mr. Malling, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 174-03 be read on three separate days be suspended, and that Ordinance No. 174-03 be placed upon its passage:

Discussion: As this project is moving along, the evaluation is necessary so as not to delay the work.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Malling, seconded by Mr. Hurtuk, that Ordinance No. 174-03 be passed as read:

Discussion: Mr. Lesiecki was asked about what projects GGJ has completed for the City. Mr. Lesiecki enumerated many, including the Inglewood design, Bates, Orchard Park, and Yacht Club projects.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO 175-03 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE ADDING A NEW SECTION (d) TO SECTION 1143.09 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "YARDS FOR ACCESSORY BUILDINGS AND USES (STANDARD)", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

This ordinance relates to play structures, incorporating those regulations into the Code. Up to this point, there have been no definitions and no regulations. Mr. Frost has been instrumental in bringing this to ordinance form. This will be referred to the Planning Commission for consideration at its next meeting.

ORDINANCE NO. 176-03 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1141.04(b)(7) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "ACCESSORY BUILDINGS AND USES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

This is a companion to Ordinance No. 175-03. It also refers to play structures, including them in a list of accessory buildings. It, too will be referred to the Planning Commission.

ORDINANCE NO. 180-03 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE TO AUTHORIZE THE MAYOR TO RENEW THE HEALTH CONTRACT FOR THE YEAR 2004 WITH THE GENERAL HEALTH DISTRICT OF CUYAHOGA COUNTY, OHIO FOR SERVICES TO THE CITY OF ROCKY RIVER, IN THE AMOUNT OF $3.10 PER CAPITA, NOT TO EXCEED SIXTY-FOUR THOUSAND TWO HUNDRED SEVENTY-NINE DOLLARS ($64,279.00)

1^ST READING

Moved by Mrs. Bartolozzi, seconded by Mr. Malling, that the rule requiring that Ordinance No. 180-03 be read on three separate days be suspended, and that Ordinance No. 180-03 be placed upon its passage:

Discussion: Since this contract will expire at the beginning of the new year, it should be passed now so that there will be no lapse in coverage.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mrs. Bartolozzi, seconded by Mr. Malling and Mr. Hurtuk, that Ordinance No. 180-03 be passed as read:

Discussion: The cost is the same, and the services are all valuable to the City, so we should move ahead and pass this ordinance. It was brought out that the scope of services has not changed. Mr. Gollinger added that the services are of value this contract means that the City does not have to maintain expensive services for residents.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION:

Bob Sledz, 22283 Sunnyhill, spoke about Chapter 171, the Municipal Income Tax, and specifically about the requirement that landlords report the SSN of tenants to the Finance Director or face penalties. He said that it places the landlord in the awkward position of helping collect taxes. He complained about the "legalese" of the ordinances and noted that our City is different from Euclid where the our plan seems to have originated. He feels that this problem is a shortcoming of government software and that the problem has been dumped by the City onto landlords. He also feels there is a privacy issue. He pointed out that there are many "for rent" signs on Wooster between Hilliard and Detroit, and feels that this may be one more reason for tenants to leave the City.

James Rochford 1489 Prospect Avenue, spoke on the same issue. As a 35-year resident with rental property for 27 years, he considers himself a law-abiding citizen, current on all his taxes. He indicated that he thought the notification letter to landlords was rude, that it placed too much emphasis on penalties and had too little explanation. He wondered if the City was negligent and that this should have been done many years ago. Will the City give him tax collecting credentials?

�Mayor Knoble commented that he would assume responsibility for implementation of the program. Although it was voted by Council, the Administration put it into effect. Because of shortcomings in the CCA audit procedures, it became clear that if the City wanted to collect taxes owed to it, it must have its own program. In conversation with other cities, it was determined that this plan has been successful elsewhere. He acknowledged, however, that the letter sent should have had more explanation. He stated that we need this information so that we can check against CCA returns. We are requesting that landlords submit the full name of the tenant (including middle name) and the names of other wage earners living in the building. The City will do the rest and obtain further information. The Mayor apologized for the inconvenience and distress.

Mary Ann Jirsa, 1028 Whittlesay, asked about ordinances in place for parking. She expressed shock at the number of businesses on Detroit, from Wagar to Lakeview, which did not provide handicapped parking. She also wondered if landscaping companies were exempted from the no parking regulations, as they seem to park on either side of the street.

�Mrs. Bobst emphatically stated that they are not, and citizens who wish may call the Administration.
�Mayor Knoble explained that with the exception of 2-6 a.m., parking citations are not issued unless there is a safety issue, handicap space or a citizen complaint.

The meeting was adjourned at 9:39 p.m.

_______________________________ _______________________________

Pamela E. Bobst Misao Kurokawa

President of Council Clerk of Council

Please note: This is a draft copy of the minutes of the Legislative Meeting of October 13, 2003. These minutes may be amended or revised at the next Legislative Meeting.