09/20/2005 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 9/28/2005 This would be a great tool to help us encourage even more input; 2) Perhaps Westlake could financially help with the homes that are being regularly flooded. He too is concerned with Westlake's attitude. One city should not intentionally harm another. He hopes our city takes a very hazd stand on this situation. Mayor O'Grady said he understood the concerns. We are making progress as there was obstruction in the past, and that's changing. Law Director Dubelko: 1) Litigation update. • The County Commissioners had filed an appropriations complaint against BP Exploration and Oil in Probate Court seeking a portion of their property along Lorain Road neaz what will be the expanded Steams Road. The city has interest in that area as we have an 8 inch sanitary line and easement along Lorain. The city will be filing an answer to protect our interests in that action. • In the fire fighter unfair labor practice litigation, the union filed exceptions to the judge's proposed order. The city has filed a brief in opposition to those exceptions, and have also filed cross exceptions. We're generally satisfied with the judge's order. • The fire fighter litigation in Common Pleas Court, consolidated case No. 5563879. The city has filed briefs in support of its application to vacate or modify both the Hayford arbitration award and the Kline arbitration award. There have been a number of additional ancillary motions and other papers filed with the court. • The city is in the process of preparing an arbitration brief relating to the fire fighter holiday pay grievance arbitration which was recently heard. Our brief was due on September 26. The arbitration itself has prompted two more grievances in the Fire Department. 2) September 8, provided legal advice to the Planning Director regarding platting procedure in North Olmsted consistent with the Charter and ordinances. Also attended a Cuyahoga County Law Directors' Association meeting relating to collective bargaining strategy. 3) September 13 and 20, attended Boazd of Control and directors' meetings. 4) September 13, completed review and revisions to the contract between the city and the architect for the new fire station. That contract has been fully executed, and the architect is on boazd. 5) September 14, provided assistance to the Safety Director in responding to a public records request by an FOP representative. 6) Regarding the basketball fence issue which had been discussed at the joint Public Safety & Recreation Committee meeting, he did not have firsthand knowledge of the contract at the time and spoke in general terms. Not every contract is alike and not every contract has the same provisions. One of the benefits of having a Law Dept. is, if department heads and division heads send the contracts to the Law Dept., they can make sure to tailor the legal advice to fit the facts of that particular contract. After the committee meeting, he did look at this expenditure and found that in 2003 City Council had adopted Resolution 2003-82 which authorized competitive bidding for renovation of the basketball courts consistent with specifications on file in the Safety Director's office. He has not yet seen those specifications, but believes from communications from the Rec Commissioner that the fence was not part of that renovation. There had been a separate expenditure relating to a vendor to put in the basketball court and then a separate expenditure for the fence. Specifically, he found that the authorization of the expenditure for the fence did not come into being until July or August of this year. That is somewhat different from what the committee members were lead to believe