The Amherst news-times. (Amherst, Ohio), 1997-09-17

              Luncheon features Griffiths — Page 10     Mays is merit semifinalist — Pag
Amherst News-Time
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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.