Amherst News-Times, 1997-09-17
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Luncheon features Griffiths — Page 10 Mays is merit semifinalist — Pag Amherst News-Time < It> o Wednesday, 9cptember 17, 1997 Amherst. Ohio Judge rules in council's favor on counsel f by GLEN MILLER News-Tim9s reporter The dispute over who has the authority to hire a bond counsel — city council or law director Alan Anderson — is likely to be settled in a state court. Anderson has decided to appeal a decision handed down against his authority to the Ninth District Court of Appeals in Akron within 30 days. Firm gets fined after worker's job death OSHA finds fault with training, gear by GLEN MILLER News-Times reporter The Occupational Safety and Health Administration (OSHA) has fined a Wakeman construction company for failing to ensure the safety of a worker killed in a trench cave-in this summer. The federal agency has levied $7,500 in fines against Associated Contractors, Inc. because il failed to provide Chad Landcs adequate protective gear and sufficient training. Landes, 30, of South Amherst, was crushed to death June 19 when the wall of a trench in which he was working along S. Lake Street collapsed on top of him. Landes only had worked for the company for a week, according to police. Police said Landes was making a waterline connection to a 12-foot deep trench to the Cooper's Run subdivision when four to five tons of clay wall suddenly caved in. A co-worker managed to scramble to safety, Landes could not. He died from severe neck and head injuries despite efforts lo revive him on the scene. The company has not appealed OSHA's decision but has requested a meeting with agency officials. Depending on the outcome of the meeting, agency officials said the fines could be changed based on the company's presentation. OSHA officials said the fines are based on the company's prior safety record and the size of the company. Associated Contractors is small and has prior safety viola- lions, according to OSHA officials. Company officials could not be reached for comment OSHA officials said previously lhat such cave-ins are not unusual on construction job sites. In faci, they noted, they have been one of the frequent hazards of trench work for decades. However, company officials are responsible for providing all safety factors available and pro viding adequate training for workers and construction site managers. Law director says he will appeal decision The law director said he is seeking to overturn a Sept. 9 decision by Lorain County Common Pleas Court judge Kosma Glavas lhat gives the hiring authority to city council, not him. The case stems from a suit filed againsl council and city officials in which Anderson claimed council overstepped its authority by making the Cleveland law firm of Squire, Sanders and Dempsey the city's bond counsel. Anderson claimed slate law gives him the authority. He also sought to hire the Cleveland firm of Calfcc, Halter and Griswold to issue $500,000 in city hall renovation bonds. In his ruling, Glavas said the state law giving Anderson his authority does not authorize him to select and retain legal counsel for the city. "It merely directs lhat the law director has authority to prepare contracts and other instruments in writing," Glavas ruled. In his decision, Glavas also noted lhat Anderson and his assistant law director Steve List acknowledged they are nol qualified to perform the necessary legal work or provide legal opinions relating to bond counsel matters. He concluded that most attorneys with minimal training in municipal law could prepare the necessary bond counsel legislation. "Where the difficulty arises is in the legal opinion that needs to ac- Horsing around Avon Dixon helps his grandson Zachary Dixon, four, on to his horse drawn wagon after stopping for an ice cream cone at Your Deli on Park Street. Dixon said he occasionally likes to get out and about with the help of his four-legged motor, Friendly, who works cheaper than the price of gas these days. Second Harvest hosts groundbreaking today About nine months ago, the Second Harvest Food Bank of North Central Ohio, Inc., located in Amhcrsl Township, kicked off a capital campaign to raise $750,000. More than $630,000 have already been contributed or pledged to the construction of a new warehouse, according to Jim Kastro, executive director. With the success of the campaign, the board of trustees of the organization has organized a groundbreaking ceremony for a new warehouse to be held today at 10 a.m. at 7445 Deer Trail Lane in Lorain, just north of the intersection of Rt. 2 and Baumhart Road. Supporters are expected to bring non-perishable food items to start filling the new warehouse today at the groundbreaking. James Kidd, general chairman of the food bank's capital campaign, as well as Lorain mayor Joseph Ko- ziura, will speak and those in attendance will have an opportunity to sign a groundbreaking banner that will be displayed at the new building. The new warehouse will allow the food bank to accept food products that are now being turned away due to outdated, inadequate freezer and cooler equipment. Additional space will increase storage capacity and assure a safe, more efficient work environment for the volunteers when sorting and repackaging food items. Library director begins research to put Amherst on the Internet by GLEN MILLER m taj^ ^aW*" ATA honorees Jean Tammaro, a teacher at Powers Elementary School, and Richard Burger, a teacher at Shupe Middle School, were recently among teachers who were honored by the Amherst Teachers Association for their years of service. Tammaro, Burger, and Edward Anthony of Shupe Middle School, have each been in the profession for 30 years. The teachers received plaques commemorating their status. News-Times reporter In a little more than a year, Amherst Public Library director Judy Dworkin is hoping her research and the work of others will result in an Amherst WEB site on the growing Internet. Several cities throughout the country have a variety of different kinds of WEB sites. Dworkin wants Amherst's to be inulu informational, providing a variety of information useful to residents and non-residents. Ideally, the site will contain information about the city's history, the school district, the government, recreation activities, businesses and more. So much more thai Dworkin is among those who are seeking information from city officials, business leaders and others about things that should be included on the WEB site. "I'm just basically asking ihem the kind of questions they gel from people because these are the sort of things we need to include," she explained. "It's not something we'll be able to do overnight." Others involved in the project include school district media coordinator Judy Alexander. Amherst computer consultant Mark Kocak, mayor John Higgins and Dan Dovala, a library reference supervisor. Dworkin said she has started lo collect information and ideas aboul what should be included in the city's WEB page. Her research took her to city council Sept. 9, where members told her they get questions rang- CONTINUEO on page S company this legislation in uk*,. ... be able lo borrow ihe necessary funds," the judge wrote. Most law directors don't have the "necessary clout" with the people who loan money for bond work, he added. Glavas said "outside legal counsel must be retained to perform that legal work." City council acted properly in retaining Squire, San- CONTINUED on page 2 Winning ticket for cash instead of house A four-month fundraiser for the Amherst Children's Baseball Federation fell more than $200,000 shy of its goal but still raised enough money to complete work on three new ball fields. The group had hoped sell 4,500 tickets at $125 a piece to raise money for a host of improvements and additions to baseball fields throughout the city. The prize was to have been a new $228,000 condominium in Birmingham or $180,000 in cash. At least 2,500 tickets needed to be sold for the raffle to be a success. Because only 376 were sold, the federation decided to hold a 50/50 raffle instead, according to foundation co-founder David Moore. A total of $47,000 in tickets was sold. Alene Kaderbek bought the winning $125 ticket and won $23,000. The federation will use the other $23,000 to complete work on baseball fields at Harris Elementary School, Moore said. The funds will help the Amherst Athletic Association build additional baseball facilities. "I don't think we failed on this because we have more (money) than when we started. It's a start," he added. Foundation president Bob Perritt could not be reached for comment. Moore said he had hoped more tickets could have been sold, but had no explanation why more people did not participate. "it could have been the (ticket) price, but I know of other similar contests elsewhere where tickets were more expensive, including $500," he explained. Federation officials will continue their fundraising efforts over a 10-year period in the hope of raising enough money to provide Amherst children with first class facilities on which to play baseball and other sports, Moore said. Il hopes to buy 50 to 60 acres in the Amhersl area on which to build eight to 12 baseball diamonds and a possible indoor facility large enough for winter baseball. The facility also could be used for soccer, gymnastics, tennis and other sports, he added. To improve future ticket sales, the federation is considering a longer marketing campaign, possibly starting as early as February 1998. Additional promotion efforts also will be used, including the Internet "We're kicking around lots of ideas for marketing, but we need community participation because what we are doing is to benefit the kids," Moore said. A condominium or house is likely to continue to be a big prize, although they may be smaller and less expensive structures. Interested area residents wanting lo become involved in the foundation's fund raising efforts can call il or 985-1015, Perritt at 984-2867 or Moore at 985-2290.
|Title||Amherst News-Times, 1997-09-17|
|Date of Original||17-SEP-1997|
|Submitting Institution||Ohio Historical Society|
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