09/07/2004 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 9/7/2004 within the scope of the city's insurance coverage, and it has been turned over to the city's insurance company for defense, which will be monitored in the Law Dept. 2) On August 30, a copy of the appellant's brief filed by Robert Berg in the case of Berg vs. City of North Olmsted was received. This is a Chapter 2506 administrative appeal made by a property owner whose request for a use variance on the corner of Brookpark Road and Claque was denied. The city's responsive brief is due on September 17. 3) A case management conference has been scheduled for September 17 before Judge Ambrose in the case of Bak vs. City of North Olmsted. 4) Collective bargaining update: Council has before it tonight Resolution No. 2004-136, which is the revised resolution for approval of the AFSCME Service Unit contact. He discussed it briefly with Council during caucus, and his recommendation is for approval and passage under suspension of the rules. 5) He has prepared drafts of the labor agreements for the fire fighters and the dispatchers. Those drafts are now in the hands of the representatives of the respective unions for their review and comment. He recently sent a revised draft of the fire fighters' contract back to the IAFF representative after having learned that there had been an error in the original draft involving the particular language of the employee health care provision. He decided to make that correction and sent it over to the IAFF representative and is waiting to hear back from him. He has also sent a letter to the dispatchers representative asking that he complete his review of that contract as expeditiously as possible as he has had the draft since mid-August. The only unit that is still in collective bargaining negotiations is AFSCME ClericaUTech, and the next session will beheld on Friday, September 10. 6) A fire fighter grievance that had been scheduled for arbitration has been settled. He worked with a Northern Ohio Fire Fighters representative for a resolution that was fair to both sides and didn't require the city to pay for overtime for work that was not performed. 7) On August 20, he sent a letter to Westlake Law Director Harbarger regarding the proposed regional dispatch agreemern between the Westshore Council of Government communities. He has not received a response regarding his comments and recommendations. 8) On August 26, he reviewed and approved a contract with the planning firm of Ken & Boron for the streetscape design contract. 9) On August 27, he issued legal opinion 2004-04 on the subject of "Waivers of the Attorney-Client Privilege." 10) He received a memo from the Mayor requesting information regarding communications between the Law Dept. and members of the North Olmsted Ethics Commission. He had some concerns about that memo, and he reviewed them with the Mayor and they reached agreement that the matter wouldn't be further pursued. 11) On August 31, he received notice from the Ohio Supreme Court regarding a grievance that had been filed against him by anon-resident regarding a North Olmsted legal issue. Since the non-resident chose to submit a copy of the grievance to the Mayor, he feels that he should publicly respond to it. The allegation was that he was engaged in a conflict of interest in providing legal advice because it involved private property which allegedly the former retired Law Director had provided advice on. There was a misunderstanding by the person who filed the grievance that he was still the law partner of Michael Gateau Sr. He filed a response with the Ohio Supreme Court indicating that he and Michael Gateau Sr. had ended their law partnership in August of 2000. 2