08/16/2005 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 8/16/2005 served as advisor to Planning Commission, he recalls Mr. McKay attending Planning Commission meetings to argue for every cause of every resident in his ward who came before the Commission. It is said a man's worth in life can be judged by the progress he makes. If that is so, Mr. McKay has achieved great worth and should be commended. He wished Mr. & Mrs. McKay good health, happiness and much success in retirement. 2) Litigation update: • City of North Olmsted v. IAFF Local 1267, first motion to vacate arbitrator Hayford's award regarding the Chief's call back policy in the Fire Department. Stipulations in that case were filed on July 27. The city's brief is now due on Sept. 6, the union's on Oct. 24. The city has the final say with the reply brief due on Nov. 14, and sometime thereafter a decision should be expected. • A motion has been filed to vacate arbitrator Kline's award regarding rates of overtime pay to fire fighters. This is case CV05567299, filed in Common Pleas Court on July 11, and it has been assigned to Judge Kenneth Callahan. Local 1267 has moved to consolidate this action with the other action before Judge Sutula. On behalf of the city, he has opposed the motion to consolidate. In his judgment, it is inappropriate to consolidate these two actions because they involve different facts, a different grievance, a different arbitrator, a different award, and different applicable law. • The city's unfair labor practice against IAFF Local 1267 went to mediation on August 12 and has been continued to August 25. • On August 2, the city received notice that it had been dismissed as a party in the case of O'Brien executrix v. City of North Olmsted. This is the Common Pleas Court tort action brought by the legal representative of the estate of Cosma Fiorelli who suffered an accident while exiting from a NOCOP van. She later died, and her legal representative brought the action. NOCOP remains a defendant in the action. 3) He attended numerous meetings with various boards, commissions and committees, including labor management and safe staffing committee meetings with the Fire Dept., during the months of June through August. In July and August, he successfully concluded negotiations with the two property owners of the real estate located at 29590 Lorain Road, the site preferred by the Fire Dept. management and the administration for new Fire Station #2. Both owners have signed off on a purchase agreement providing for the city to purchase the property for $348,000, which is just $3,000 over appraised value. He has requested that Council give consideration to acting upon 2005-103 tonight under suspension. This legislation would authorize the Mayor to purchase the real property on behalf of the city and will enable the city to move forward with this project. Regarding fire station #2, has scheduled a meeting next week with the architects, Brandstetter, Carroll, Zofcin, Inc. and their attorney to discuss substance of the contract between the city and the architect. 4) In July, he completed negotiations with F.I.R.S.T (First Integrated Regional Senior Transit) for the lease of the city's real property located at 26272 Butternut Ridge Road. That lease has been fully executed, F.I.R.S.T. is leasing part of the premises. 5) Spent considerable time in July completing HUD paperwork and preparing for a meeting with HUD officials regarding capacity building for the city's Fair Housing program. Unfortunately, he was sick on the day the HUD officials arrived in North Olmsted to review the progress of our program. Assistant Law Director O'Malley filled in ably for him, and the Fair Housing Review Board headed by Nicole Dailey Jones made a very good impression on the federal officials who were in attendance. 4