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representing Mr. Albert Stofcho of 930 Worton Park Drive' layfie].d Village, <br />Ohio. This letter stated that Mr. Stofcho had purchased lots on both sides <br />of Herr.ingwa,y I}rive and had constructed homes thereon, and, relyira.g on the <br />building permits. issued and, as no mention was macle of the decli,catiori of <br />this r.oad, had constmucted two homes withan a£ew feet of the edge of the <br />roadway. The letter stateci fv,rther tha,t any use of HEmi.ngway Dpive wou7.d <br />be detrimental to the px°operty rights of Mr. Stofcho and- quoting Revised <br />Code of Ohio, Section 723.04, aslsed tha,t the vil].age consider vacating this <br />road. - <br />Mr. Edelmau then read this section of the law and there mas cansa.der- <br />able da.scussion of the matter, mostly an iriterpretat3.on of the intent of the <br />law. I+Jr. Falk at this poant asked Mr. gir.nelo, t he on7.y abuttang propex°tq ' <br />oin er., if he could consider vacating Hemingway Drive. The answex° was 'rNo". <br />- P7r• Ede7.man °then stated that' as Section 723.09 gave Covnei.l the <br />right to vacate a straet for the welfaxe o£ the Village, he thought a.t would <br />be up to tYie cotxrt to state whether this was for the we].fare of the Villageo <br />Ma.yor Endress then asked Covncil af anyone had an,y other apinion <br />and would. they post a notice and go through Z,rith avacation 3n the s^egula,.r <br />routine. lIr. Zellman, represent%ng Mr. Caputo,'then asked for the floor9 <br />and stated agaain that any va.cation proceeding wou].d requixe it to be for <br />the best interest of the community at ]..a.rge. <br />2t was the opinion of Council that -theST should talm no action ozi <br />tY1.1S 18tte1'e - <br />Resol.ution No. 336 entitle@ «A Reso7.ution to Approve the Prelim3nax°y <br />Plan of Proposed Caputo Subdivision of_28 Lots" which had its £irst xeading <br />on May 24, 1956, came up_for discussion. It was moved by Mr. Falk., seconded <br />by Ilir. Hopkins, that the ru7°es of law requiring a resolution to be xead om <br />thx°ee separate occasions be suspended. <br />Ra]1 Calls Ayes - Messrs Wedler,Strater,Brown,Falk & Hopldiia. <br />_ Nays - Mr, Taylor. <br />Motion carried <br />Rules Suspended <br />It was then moved by 11rv Strater, seconded by Nir. Falk, that <br />resolution No. 336 be approved and pa.ssed as read. <br />Ro1l calle Ayes - N`?essrs Strater.,Brown9Falk and Hopkinso ' <br />Nays - Messrs laylor and Wedler. <br />. Motxon carried <br />Resolution Passed <br />Mayor Endress then asked £or repor'cs from the Corrnnittees. <br />There was nothing to repox°-t from the Zonirig & Pla.xining Commission. <br />Mr. Taylorp x°eporting for the Finance Comnu.ttee' asked that Council <br />-take up the matter of Street Lights which his Conni.ttee ha,d had under stud.y <br />and recommend.ed the installation of 11 lights at an additional cost af <br />2.