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Council Minutes of 5/4/2005 <br />3. Week of May 2: <br />• On Monday, he hosted a visit by 8~' Graders from NOMS to City Hall. The students <br />toured the facility, and he led a discussion on local government. <br />• Attended a meeting of the North Olmsted City Schools Education Foundation, and <br />also attended a meeting of the North Olmsted Education Association. <br />• On Tuesday, he won the city's Primary Election for the office of Mayor. <br />• On Tuesday, he visited Butternut Elementary School and read the book, "Where the <br />Wild Things Are" to the four first grade classes. <br />• Today he attended a presentation by Planning Commission member Mazk Yager on <br />elements of architectural design. It was a good overview for the administration. <br />• This evening, he attended an art show at NOHS. <br />4. Council has been presented with legislation that will allow for sharing of assets seized <br />during criminal enforcement. <br />5. The Fire Station #2 project is progressing with appraisal and title review. Interview for <br />architects and testing firms aze being scheduled. <br />6. Building Commissioner David Conway will undergo knee replacement surgery <br />tomorrow. Please keep him in your thoughts. <br />Law Director Dubelko: 1) Congratulations to everyone who participated as a candidate <br />in yesterday's primary elections. <br />2) Litigation update: <br />• State ex rel. Musial v. City of North Olmsted, on Apri126 the city received the merit <br />brief of the appellant. It has been filed in the Ohio Supreme Court. The city's <br />appelle's brief is due to be filed on or about May 26. <br />• The case of Nancy Kovacic v. Cuyahoga County Department of Children and also <br />additional defendant City of North Olmsted and retired Prosecutor Dan Ryan. April <br />29, 2005, the city filed and served a motion for summary judgment on all the claims <br />against the city and its former official in that case. The case is pending before Judge <br />Michael Russo. <br />• The case of Michael Plute v. City of North Olmsted, a refiled case. On May 2, the <br />city was served with a new summons and complaint in that case brought by a former <br />Springvale city employee. Mr. Plute originally filed in 2002 and subsequently <br />voluntarily dismissed it in April 2004. He claims in the refiled complaint that the city <br />retaliated against him and denied him a permanent full-time position that was <br />promised to him. In this case, as it previously was, it will be turned over to the city's <br />insurance defense carrier with some recommendations from the Law Dept. for <br />defense. <br />• Robert H. Berg Sr. v. City of North Olmsted. On May 2, the Court of Common Pleas <br />rendered a decision in the city's favor in this Chapter 2506 administrative appeal from <br />a decision of the city's Board of Zoning Appeals denying Mr. Berg's request for a use <br />variance to use his property at the comer of Clague and Brookpazk to construct and <br />operate a car wash. The decision was rendered by Judge Mary Jane Boyle. Credit <br />should be given to Assistant Law Director Bryan O'Malley who defended the case for <br />the city in court. Mr. Berg has 30 days to further appeal from the decision. <br />® • City of North Olmsted v. IAFF Local 1267. SERB has notified the city that a finding <br />of probable cause has been made against that union in connection with the city's <br />2 <br />