04/07/2009 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 4/7/2009 several issues that are very important to Ohio public employers-the issue of agreements being fashioned outside of collective bargaining agreements and becoming binding on employers as well as the issue of attempting to coordinate and find consistency between SERB decisions and arbitrator awards on the same subject. He thinks it has some important issues that the Ohio Supreme Court should take in and resolve both for the benefit of Ohio public employers and for Ohio public employees. 3) Litigation items: • Michael E. Stinn, administrator of the estate of Kenneth T. Corneliusen v. Astrid Try, Probate Court case No. 2009 ADV 0145623. This is a heirship determination action involving an estate of a North Olmsted resident with an estimated value of $722,000. The city is named as an interested party in the proceedings because of the potential estate taxes. We will pay attention as the heirs are determined and as the proceedings go forward. • Case of Szarka v. Board of Zoning Appeals. The appellants have filed a notice of appeal to the Eighth District Court of Appeals. This was in the Court of Appeals at one time, but it was dismissed for want of a final appealable order. • City of North Olmsted v. Donald Patel. On April 2, the court reviewed the defendant's request to extend the time within which to complete work on the buildings and in order to preserve the opportunity to be granted relief of $6,000 of a $15,000 fine. The court did give the defendant additional time for payment of the fine. The court is using that fine as leverage to get the defendant to complete repairs that are required at that motel. • City of North Olmsted v. Angelo Papotto, the city Law Dept. has filed notice with the probation department regarding a new odor complaint from the premises. That will be looked at by Rocky River Court with respect to whether or not the conditions of the diversion program have been violated by Suburban. • Christopher Fox v. City of North Olmsted. This is a refilling of a worker's compensation case that was previously dismissed. It will be handled primarily by the Attorney General's office with assistance as needed by the Rademaker law firm, our outside counsel for worker's compensation. 4) Prosecutor's report: 227 cases handled: 85 General Offenses, 142 Traffic, with 1 trial and 1 conviction. 5) He recently gave a report to Council regarding the status of real property maintenance cases in the city. The department is trying to create a good working data base. Assistant Law Director O'Malley has taken that over because of changes in the department with budget constraints and Carole Heyward now focusing exclusively on fair housing. Since Sept. 17 of last year, we have had a total of 22 cases. Five of those were resolved without filing in Rocky River Court; 5 remain unresolved and have not been filed as an effort is being made to resolve them without filing in court. Twelve have been filed in Rocky River Municipal Court, 3 have been resolved through finding of guilty and a fine or resolved otherwise prior to final judgment; 9 remain pending in court pending a resolution. The Law Dept. has been working very closely with the Safety Director trying to make our real property maintenance program, including citations and court filings, more effective and more efficient. 4 ~: