MARK YOUR CALENDARS
Thursday February 26: CPR Class
The Highland Heights Fire Department sponsors CPR training classes for residents throughout the year.
The next class will be held on Thursday February 26th, from 6:30 to 8:30 pm.
The next class will be held on Thursday February 26th, from 6:30 to 8:30 pm.
According to Fire Chief Bill Turner there is still room for
additional participants.
Interested residents should call the Fire Department (442-7406) to register and/or get additional information.
Interested residents should call the Fire Department (442-7406) to register and/or get additional information.
Monday, May 4th : Citywide Drainage/Flooding
Discussion
Councilwoman Ann D’Amico, Chair of Council’s Drainage
Committee, announced that the city would hold a meeting to discuss drainage and
flooding issues with residents on May 4th.
The gathering is intended to address questions and discuss issues arising from
an August 2014 storm, which caused basement flooding and/or sewer backups in many homes throughout the city.
Of particular concern: the Williamsburg and Radford neighborhoods.
D’Amico reported that she was hoping to get someone from the county (which, by contract, maintains the city’s storm and sanitary sewer systems) to attend the meeting.
Her goal: help residents better understand how the city’s drainage system works.
The gathering is intended to address questions and discuss issues arising from
an August 2014 storm, which caused basement flooding and/or sewer backups in many homes throughout the city.
Of particular concern: the Williamsburg and Radford neighborhoods.
D’Amico reported that she was hoping to get someone from the county (which, by contract, maintains the city’s storm and sanitary sewer systems) to attend the meeting.
Her goal: help residents better understand how the city’s drainage system works.
WINTER WALKERS ASK:
HAS THE CITY STOPPED PLOWING MAJOR CITY SIDEWALKS?
Residents who prefer to stay cocooned inside may not be aware that major city sidewalks receive a great amount of foot traffic, even during the coldest of winter weather.
HAS THE CITY STOPPED PLOWING MAJOR CITY SIDEWALKS?
Residents who prefer to stay cocooned inside may not be aware that major city sidewalks receive a great amount of foot traffic, even during the coldest of winter weather.
The city used to own a dedicated sidewalk plow.
Several years ago, when that plow needed to be replaced, Service Director Thom Evans told Council that he wanted to buy a more versatile vehicle instead---one that came with a variety of attachments, not just a plow.
Several years ago, when that plow needed to be replaced, Service Director Thom Evans told Council that he wanted to buy a more versatile vehicle instead---one that came with a variety of attachments, not just a plow.
Evans assured Council that the new vehicle would work fine as a sidewalk plow.It seemed that almost as soon as the new vehicle was purchased, Evans started talking about buying a $500,000 sidewalk plow too.
It’s appeared on his “capital improvements” equipment wish list more than once since then.
Plowing sidewalks has traditionally been a sore subject with Evans.
Given the chance, I suspect he’d be happy to permanently remove plowing city sidewalks from
his winter too-do list.
Council members---who don’t relish the idea of forcing pedestrians into busy thoroughfares like Bishop and Wilson Mills Road----have offered some helpful ideas on the issue in the past, but the tug-of-war continues.
The issue came up again at last week’s Council meeting.
Apparently residents noticed (and complained) that the city's regularly plowed sidewalks had remained unplowed through several snowfalls.
Evans explained that his chosen vehicle had broken down several times “in the last couple of weeks”.
He also told Council that the plow on the since-repaired machine wasn’t up to managing the large amount of snow that had accumulated on the neglected sidewalks.
Council members---who don’t relish the idea of forcing pedestrians into busy thoroughfares like Bishop and Wilson Mills Road----have offered some helpful ideas on the issue in the past, but the tug-of-war continues.
The issue came up again at last week’s Council meeting.
Apparently residents noticed (and complained) that the city's regularly plowed sidewalks had remained unplowed through several snowfalls.
Evans explained that his chosen vehicle had broken down several times “in the last couple of weeks”.
He also told Council that the plow on the since-repaired machine wasn’t up to managing the large amount of snow that had accumulated on the neglected sidewalks.
“We have to put the snowblower attachment on (the machine). It does a good job but it goes at the speed of a turtle.”
Fortunately for residents the snow season is a limited one,
as is the number of times city sidewalks need to be plowed each year.
COUNCIL EXECUTIVE SESSION
Last Tuesday’s agenda listed a non-public Executive Session
“to discuss pending litigation”
Although that litigation wasn’t identified, my best guess is that it pertains
to the Pool Deck Dispute lawsuit filed by the Rutland Drive neighbors, who
continue to battle the over-sized, looming deck installed 11 feet from the rear property line by adjacent above-the-ground
pool owners.
Although not initially named as a party, the city is, in fact, indispensable because the lawsuit hinges on the proper interpretation of several city zoning ordinances.
The docket sheet for the suit (#CV-14-835789), filed in the Cuyahoga County Court of Common Pleas, shows that Law Director Tim Paluf filed an appearance on the city's behalf on December 31st.
Although not initially named as a party, the city is, in fact, indispensable because the lawsuit hinges on the proper interpretation of several city zoning ordinances.
The docket sheet for the suit (#CV-14-835789), filed in the Cuyahoga County Court of Common Pleas, shows that Law Director Tim Paluf filed an appearance on the city's behalf on December 31st.
Council may have to seek outside counsel depending on whether Paluf is called to testify. Ethics rules generally prohibit attorneys from acting as both a witness and legal counsel in the same lawsuit.
The sued pool owners recently filed a motion to dismiss the suit "for failure to state a claim upon which relief may be granted".
Hence, perhaps, the Executive Session discussion last Tuesday.
A dismissal motion is a typical first step in any litigation.
The court will decide that motion (i.e. decide if there is a legal basis for the lawsuit) after examining the parties' pleadings, the record and related written submissions.
The standard applied is a fairly low one.
Dismissal motions usually succeed only where it is patently clear to a court that the legal claims are completely speculative or specious.
The court will decide that motion (i.e. decide if there is a legal basis for the lawsuit) after examining the parties' pleadings, the record and related written submissions.
The standard applied is a fairly low one.
Dismissal motions usually succeed only where it is patently clear to a court that the legal claims are completely speculative or specious.
The suit won't necessarily end, even if the dismissal motion is granted.
Generally plaintiffs are given an opportunity to amend their complaint to address any deficiencies uncovered by a dismissal motion.
That's because the law prefers suits to be decided not by procedural rulings, but on their merits.
AND NOW FOR YOUR VIEWING PLEASURE:
OUR WINTER WONDERLAND... CONTINUED
OUR WINTER WONDERLAND... CONTINUED
