04/05/2005 Meeting Minutes - Laserfiche WebLink

Home Browse Search

L v R Council Minutes 4/5/2005 this issue. He noted that the location next to the Metro Parks trailhead is the preferred site of the Fire Department. The location farther to the west causes them significant concerns because of the issue of response time. It has been demonstrated by the Fire Chief that a move farther west on Lorain Road will add approximately 37 seconds of response time, and that is a serious concern to them. Included with the memo, are two articles dealing with response time and a study that lists the response time of all the different departments in the State of Ohio. The numbers on behalf of the North Olmsted Fire Dept. are impressive and their response time is on the order of 99.6% within a six minute response time. It is an important issue. For that reason, he has directed the administration to go forwazd with the appraisal of that property. It's his intent that, if this appraisal comes back and it meets with the approval of Council, we can move forward. If the appraisal comes back and we as a group, Council and the administration, see difficulty with it, at that point we can look at other issues and other options. The cost of appraisal, if the location is unacceptable, is something he would just as soon nvt expend. Law Director Dubelko: 1) Congratulations and best wishes to Mayor O'Grady. He has only been on the job four days, but has impressed him by how he has given direction to the city's directors. He looks forwazd to a very good working relationship with him in the future. 2) Litigation update: • Case of State ex rel. Musial v. City of North Olmsted, as reported at the last meeting, mediation of Mr. Musial's appeal was not successful and the appeal has been returned to the Supreme Court's docket as of March 17. Unless extended, the appellant's brief, Mr. Musial's brief, is due to be filed in the Supreme Court by April 26 and the city's appelle brief unless extended will be due within 30 days thereafter. The appellant will then have an opportunity to file a reply brief within 20 days following the filing of the city's brief. Oral azgument may be requested but is discretionary with the court. It's possible that a ruling on the merits of the appeal may be received as early as this year's end. The law firm of Walter & Haverf~eld, in light of the relationship that the city had with the former mayor, will continue to represent the city in this appeal. • In the case of Bak v. City of North Olmsted, on March 22 former Fire Chief Ed Bak voluntarily dismissed his complaint against the city without prejudice. This means that he may refile it within the statute of limitations, which is rather lengthy for breach of written contract actions. But experience tell us that, when the litigant voluntarily dismiss their actions, very often they're never filed again. • The case of SERB v. City of North Olmsted, which is the action that has commenced involving a unfair labor practice filed by IAFF Local 1267 against the city as a result of a series of new management policies that were issued by Fire Chief Tom Kleean in 2004. Mediation was had in that matter in Columbus on March 23. That mediation, likewise, was unsuccessful. As a result, SERB has issued apse-hearing order which sets up apre-hearing conference for May 4, 2005 and an evidentiary hearing on May 26, 2005. The department will continue to work on that case. 3) The Prosecutor's office has provided some statistics as a monthly status report. During the month of March, he handled a total of 247 cases and had six trials with six 3