06/21/2005 Meeting Minutes - Laserfiche WebLink

Home Browse Search

Council Minutes of 6!21/2005 North Olmsted unless the total value of the house is in excess of $250,000, which isn't a high percentage of our homes. Councilman Ryan said he just wanted our Building Dept. people to make the requests in a friendly manner so that the residents feel we are all working together. Councilman Miller asked for clarification regarding the water fountains at the Barton/Bradley field and whether they would be operating for the NOSO tournament on the Fourth of July. Mayor O'Grady said they would be in place for the tournament. One water faucet will be in the near vicinity of the restroom and the other further down the field. Councilman Miller asked if outside engineers were used on that project, and the Mayor answered no. Councilman Miller said he wished to concur with Councilman Nashar's comments regarding property maintenance as the efforts are working. As to lawn and yard maintenance, our city is looking better than Westlake. Also, he has heard good things about the inspector and he congratulates them for their work. Mayor O'Grady said thank you. The administration is happy to take some of the credit for that program, but he would reflect it right back on City Council. City Council had the insight and the vision to see this was a program that could have great benefit for us. Council funded it, and the administration will keep it moving along. Councilman Gareau made a motion to amend the agenda to include Ordinance 2005-98 on first reading. The motion was seconded by Councilman Miller and passed unanimously. The agenda was amended. Law Director Dubelko: 1) Litigation update: • State ex rel. Musial v. the City of North Olmsted, on June 17, the city was served with the appellant's reply brief. Now all the merit briefs have been filed with the Ohio Supreme Court, the next step is simply for the court to rule on the merits of the appeal. As he previously advised City Council, a ruling could be expected by fall. • Michael Plute v. City of North Olmsted, second filing of that case. The case management conference is set for July 15, and the case is being defended by insurance defense counsel. • Retired fire fighter Sermak v. City of North Olmsted, a worker's comp appeal. That is also set for a case management conference. That case is being handled by Mr. Rademaker, our worker's comp counsel. • Robert H. Berg Sr. v. City of North Olmsted. It was reported out approximately a month ago that the city was successful in defending the ruling of the Board of Zoning Appeals in that case. No appeal has been taken within the time period provided for bylaw, so the decision of the Common Pleas Court is final in that case. • City of North Olmsted v. IAFF Local 1267. This is the case involving the motion to vacate arbitrator Hayford's award, which this Council authorized the Law Dept. to take. There has been a series of court events in that case. First, on June 8, the city appeared before Judge John Sutula who was hearing the union's motion for a temporary restraining order. The city opposed that motion believing that it was inappropriate to grant temporary injunctive relief in such a case. However, the judge granted it, stating as follows: "The union has followed established procedure in the collective bargaining agreement and, as a result, the unilateral action of 3/25/04 5