03/04/2003 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 3/4/2003 4) A new Recreation program supervisor, Chris Wetmore, has been hired. The Recreation Commission was involved in the selection process of this supervisor as well as the Personnel Department, Safety Director and the Recreation Commissioner. 5) The final preparations for the Springvale marketing plan aze proceeding. League commitments for golf aze strong, with neazly 70 in attendance at a league meeting on Monday night. The fee increases were not opposed by that group. Anew point of sale computer system is on schedule for implementation in time for the spring golf season, and facility manager Marty Young continues to feel very optimistic about the prospects for a successful season. Springvale will be serving fish fries beginning on Ash Wednesday and every Friday through Lent. Law Director Dubelko: 1) On February 19, a Board of Control meeting was held at which Northern Valley Contractors, the lowest bidder on the concrete package for the new library construction, was heazd regarding the Service Director's recommendation that this company be disqualified because it had multiple OSHA violations. On February 25, a second Board of Control meeting was held and the members voted on the motion to disqualify this particular bidder because of the OSHA violations which were felt to be serious and workers' safety was an important value for the construction. The board voted to disqualify Northern Valley because of those OSHA violations. The Board of Control awarded the concrete package to the second lowest bidder, Independence Excavating. There was a very small price difference between the two companies. That same day, the city was sued by Northern Valley, and an injunction was sought. On February 26, a hearing was held in Common Pleas Court before Judge Richard McMonagle. The judge ruled on the face of the complaint that the company did not demonstrate a substantial likelihood of prevailing on the merits. The TRO was denied, which effectively ends the litigation because the city then is free to go forward and contract with the second lowest bidder. 2) On February 21, he gave a talk to President O'Grady middle school students on the subject of individual rights, particularly during times of war. It was very enjoyable, and he appreciates the invitation to speak. 3) On February 21, the Ohio Supreme Court announced that it had declined to accept jurisdiction over an attempted appeal to the Supreme Court by the defendant in the case of City of North Olmsted vs. Reagan. Reagan was a pro se defendant who had been convicted in Rocky River Municipal Court of disorderly conduct. He unsuccessfully appealed his conviction to the Cuyahoga County Court of Appeals, and now the Supreme Court has indicated that it will not hear his appeal either. Another motion was received today by this defendant asking for the Supreme Court to reconsider. 4) On February 26, legal opinion No. 2003-02 was issued, which essentially states that, in the absence of legislation by the City Council, it is within the administrative discretion of the Mayor to implement a comp time policy for an appointed director which enables a director to use accrued comp time and to continue to receive salary while on medical leave. 5) On March 4, legal opinion No. 2003-03 was issued, which discusses the issue of whether state statutes establishing disciplinary procedures for city officers should have application in the City of North Olmsted. The short answer to that request for legal advice was no. We aze a Charter municipality and our Charter requires that we by 2