Amherst News-Times, 1997-10-15

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Powers to have two principals — Page 2    Officials to appeal ruling — Pagr B    '
Amherst News-Time!
Wednesday, October 15, 1997
Amherst, Ohio
Shouting mat
erupts in mee
over Anderson's
lawsuit appeal
by GLEN MILLER
Halloween
haymakers
Children from Lorain
Head Start have no fear
of a giant spider (right)
as they venture through
a Halloween maze
erected at Penton's
Country Market on
Middle Ridge Road.
Others just pretended
they were scary creatures. More than 100
children learned how
apple cider was made
and enjoyed a hay ride
during Penton's annual
halloween celebration.
Above, children end
their trip through a
maze at Penton's by
sliding down the back of
a semi trailer under the
watchful eyes of teachers.
News-Times reporter
City officials have decided they
must continue to fight the suit filed
by law director Alan Anderson even
though they regret having to use
taxpayers' money.
The city finance committee approved spending §20,000 Oct. 6 lo
continue employing the Elyria law
firm of McCray, Muzzila, Smith,
Meyers & Betleski to represent
council, the mayor and other city officials. They arc dcfcndcnls in a
lawsuit filed three months ago by
Anderson.
Every city council member sits on
the finance committee.
Last month, Lorain County Common Picas court Judge Kosma Glavas ruled council, nol Anderson, can
hire a bond counsel to handle the
sale of $500,000 in cily hall renovation bonds.
Anderson, who argued slate law
gives him the sole authority, has appealed the decision to the Ninth District Court of Appeals in Akron. The
appeal is not expected to be heard
for at least six months, possibly a
year.
The city owes the firm an additional $5,000 for the law firm's services even through its already has
paid $14,999. The appeal will cost
al least an extra $15,OCX), according
lo mayor John Higgins.
Several council members blasted
Anderson for forcing the city to
spend more money on legal fees, including David Kukucka, who said
he would prefer not having to spend
any money.
Turning lo a cable TV camera,
Kukucka said, "I ask the people of
Amherst to call mc or these people
(council members) up here. It's your
money. If you warn us lo fight this,
let mc know."
The decision was expected io
come before council Oct. 13 for final approval.
Council member Nancy Brown
approved paying the $5,000 bul said
she had a "rough time" paying for
the cost of the appeal.
"Wc arc wasting good money.
This is very difficult for mc," she
added.
Higgins agreed bul said a decision not lo fight the appeal would be
tantamount to giving Anderson control of the city government.
Higgins said he no longer feels
comfortable calling on Anderson lo
provide legal opinions because they
arc often contrary io the bcsl interests of the cily.
"If wc arc going lo give up lhe
ship, and that's what he is counting
on, you might as well not have a
council and a mayor because you
might as well turn lhe whole cily
over to him," he said.
Councilman John Dietrich
agreed, saying he would nol like
someone trying to tell him how lo
run his business and spend his
money.
Regardless, lhe city has link;
choice.
"If you guys don'l spend the money lo get rid of this 'growth,'
you're going to set a precedent as
far as I am concerned," he added. "Il
is totally wrong to spend lhe city's
money, bul 1 don'l sec any olhcr
way lo pul this lo bed."
He called Anderson's suit "a political power play" lhat he resents.
That prompted a response from
Anderson, who said his suit is based
on questions surrounding council's
authority to hire additional legal
counsel, nothing else.
He called Higgins an "alarmist"
who is blowing his legal action oul
of proportion. He said the appeal
CONTINUED on page 2
Five to be inducted to MLS Gallery of Success
by KATHLEEN KOSHAR
News-Times editor
It will be an all-male event this
year during the Marion L. Steele
High School Gallery of Success induction ceremonies.
Five men have been tapped for
lhe 1997 honors. This is the lenth
annual Distinguished Alumni Gallery of Sucess; il is going lo be held
Friday, Ocl. 17 at 9:30 a.m. at the
Lorain Palace Theater.
The inductees -— all graduates of
Amherst high schools — this year
include Gerald Pritlic, Class of
1949; John Luccio, Class of 1951.
Bradley Hawes, Class of 1972, Daniel Mihuta, Class of 1941; and
posthumously, James Ehrman, Class
of 1935.
They will be honored for their
work in business, education, the
arts, and most importantly, for their
dedication lo helping others in some
significant way.
Here is biographical information
about each inductee:
James Ehrman
James
Ehrman
A member of the Amherst High
School Class of 1935, Jim Ehrman
was involved in athletics and music
and served as class salutalorian. He
was captain of the basketball learn
Daniel Mihuta
that won third place in the state
championship playoffs. He graduated from Bluffton College in
1939 and began teaching at his
hometown high school that year.
His career in education was interrupted when he enlisted in the
U.S. Army Air Force in 1941
where he served as a weather fore-
Gerald Prlttle
caster in the China-Burma-India
theater for three years. After the
war, he earned his master's degree
and eventually became a school administrator and superintendent.
While superintendent of the Henrietta Schools in the early 1950s,
Ehrman was given the task of organizing, building and consolidating
John Luccio
all of the schools of Brownhelm,
Florence, Camden and Henrietta
Townships. He served as the district's superintendent for 12 years.
Ehrman was also superintendent
of the Blufflon schools for four
years and in 1980 joined the Allen
County Board of Education as treasurer. He relired from that position
Bradley Hawes
twice.
Ehrman's greatest legacy was his
association wilh Bluffton College
over 50 years. He served as director
of alumni affairs and as director of
lhe Development Department. He
also taught for several years and
was director of athletics for two
CONTINUED on page 3
Up, up and away; balloonist irks city officials
by GLEN MILLER
News-Times reporter
Bill Swan/or thinks some city
officials are full of hoi air because of their efforts to prosecute him for attempting to open
his new REMAX really business
in a lofty way.
He didn't think he could gel
inlo trouble simply using a huge
hot air balloon lo promote his
Aug. 14 grand opening.
Flying an air balloon over
Amherst isn't illegal, although it
was in this case. Because it
bares the REMAX logo, it was
considered an over-sized sign
that musl be reviewed by the
zoning board of appeals, according to building inspector Ron
Konowal.
Swanzer applied for a variance lhat would allow the balloon lo be launched from behind
his office in the new office park
at 574 N. Leavitt Road.
Remax uses the Akron-based
balloon to promote its real estate
offices throughout Northern
Ohio. Its coporate logo is a hot
air balloon w^ilh REMAX written on it.
"I didn't see any harm in iL"
Swanzer  said.  "I  thought  it
would be a great way to let people know I opened my office in
town and would have been a
community event for the curious
and people interested in taking a
ride."
A local contractor even cut
down some trees behind the office to clear the way for landings
and launchings. Profits from the
rides would have been donated
to lhe Children's Miracle Network, an organization established several years ago lo help
severely ill children.
Swanzer did request a var-
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