The Amherst news-times. (Amherst, Ohio), 1998-09-23

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tvmherst News-Times
/Vnhnrst,  Ohio
Rezoning proponents,
opponents compromise
Sides to return Nov. 10 with Rt. 58 ideas
by QLEN MLLER
City council members listen as Elyria attorney
James Blazak argues why they should grant N.
Leavitt Road residents' request for commercial
rezoning. Council chambers were filled to capacity for the hearing.
News-Times reporter
Attorneys representing groups of
Amherst residents who want or
don't want 1,000 feet of N. Leavitt
Road commercially rezoned are
hoping to come up with a compromise acceptable to both sides.
The conclusion they reach is expected to be announced Nov. 10, the
date set for the second continuation
of a public hearing on the rezoning.
The agreement to work out a
compromise ended a nearly hour-
long hearing continued from late
July and seemed to temporarily satisfy residents for and against the
rezoning.
About 70 to 80 proponents and
opponents jammed city council
chambers for the Sept. IS hearing
presided over by council and John
Dietrich, its buildings and lands
committee chairman.
The compromise negotiators will
be Elyria attorney Garrett J. Murray,
who is representing more than 100
Rock Creek Run residents who oppose the rezoning, and Elyria lawyer
James Blazak, who represents N.
Leavitt Road property owners who
are seeking the change.
The N. Leavitt Road residents
claim their homes and property are
best suited for future commercial
use because of the traffic and continued business development between Cleveland Avenue and Rt. 2.
Al issue is 14 lots that are about
290 feet deep and comprise a
1,000-foot long strip. The Leavitt
Road residents contend their homes
are being swallowed up by nearby
commercial development Blazak
said six of the 11 homes now on the
strip are currently being leased because their owners can't sell them
due to traffic and noise.
Located behind their property is
Rock Creek Run, where residents
fear commercial development will
bring more noise, traffic and trash
blown into their adjacent back
yards.
Following the hearing, Blazak
said the compromise may include an
agreement on the type of businesses
that can be located along the strip of
land.
CONTINUED on page   3
Anderson won't appeal; pledges cooperation
by GLEN MILLER
News-Times reporter
Saying Ohio courts have provided
a definitive answer, law director
Alan Anderson no longer will
pursue legal appeals on who has the
right to name a bond counsel for the
city.
In making his announcement at a
Sept. 14 city council meeting, Anderson said he intends to become a
team player and work with council
HiK£ins.
Anderson said he will abide by
the mayor's initiative to adopt more
of a team effort, goal oriented
cooperative approach to solving city
problems with council.
Turning to Higgins, Anderson
said, "Mr. Mayor, I would like to
advise you tonight I accept that
challenge and hope to work with
you more closely."
His comments drew applause
from council members and a positive response from Higgins.
'Thank very much Mr. Anderson,
that's quite gracious of. you," fee
replied.
In speaking to council, Anderson
said he initially filed a suit against
council, Higgins and several other
top administrators because of "two
conflicting areas" in the Ohio Revised Code.
In his suit, he claimed state law
gave the law director, not city council, the right to name a legal bond
counsel for the city. Council overruled Anderson in choosing the
Cleveland legal firm of Squire, Sanders and Dempsey.
lavquestion was the issuance of
  - - ■
Ronald Winiarski (center) with Allen Hospital paramedics Jason Ross (left) and John
Porter.
Fast-thinking paramedics
credited for saving his life
Paramedics John Porter and
Jason Ross, of the Allen Memorial Emergency Medical
(ambulance) Services, didn't
know why they were
summoned to the hospital on
their day off.
They were met by Larry
James, director of emergency
medical services, who introduced then to Ronald and
Michelle Winiarski, of South
Amherst.
"My wife snd I wanted to
meet you, and thank you for
saving my life," Ronald Winiarski told the two ambulance crewmen.
It was s hot muggy dsy on
Saturday, Aug. 2, when Winiarski went to the home of
his mother-in-law on S. Lake
Street in South Amherst, to
do some yard work. He suddenly felt s sharp pain in His
back, felt it travel to his
chest, snd he wss sweating
profusely.
He first sat on the from
porch, but whsn the pain continued, he went to the
lo sit ia s chair.
"I couldn't catch my
breath," he said. "I thought I
better do something."
When the symptoms didn't
subside, Winiarski went into
the house and asked his
mother-in-law to call his wife.
Michelle, a nurse, arrived
in a few minutes and immediately saw the symptoms as
Winiarski by on' the living
room floor. She called 911.
The South Amherst Fire
Department was the first re-
sponder to provide immediate
help. Within minutes. Porter
and Ross arrived in their Allen Memorial Hospital
ambulance.
Winiarski wss stabilized
snd prepared for transport to
the closest hospital. Community Health Partners. Just before leaving, he was attached
to a Physio Control Lifepak
12 Monitor, the latest technology available, which would
monitor his heart throughout
the journey.
With Ross driving snd be-
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the patient Just a mile before
arrival at the hospital, the paramedic saw the monitor
change dramatically.
"Pull over," he immediately
shouted to Ross.
Winiarski had gone into
complete cardiac arrest.
Porter immediately prepared
Winiarski with special pads,
pulled defibrillator paddles
from the Lifepak and
"shocked" Winiarski's heart
He began breathing again and
his bean returned to a normal
rate.
Soon Winiarski was st the
hospital emergency room. He
imderwent surgery at Elyria
Memorial Hospital
"I'm living proof that these
men did their job," Winiarski
said "We really thank you."
"The emergency room dnc-
tors commended both of you,"
Michelle — who had followed the ambulance to the
hospital — told John and
"Think you for saving my
more than $400,000 in bonds for the
replacement and repairs to the roof
and bell tower on the historical city
hall.
Anderson appealed to the Ninth
District Court of Appeals after the
Lorain County Common Pleas
Court ruled in favor of council. Earlier this year, it upheld the county
court's ruling.
Anderson said the courts ruled the
naming of a bond counsel usually
belongs to the law director. City
councils, however, can do it by ordinance tacausvvney ultimately are
• 'Hi' mtmrm—
the ones responsible for municipal
financial affairs, he explained.
The law director said his suit was
the first of its kind in Ohio and answers a previously resolved conflict
in Ohio law.
"So, this conflict in the law has
been answered and we can now opt
to move on and work toward a common good," he added.
Following the meeting, Anderson
said he could have appealed the
case to the Ohio Supreme Court but
opted not to based on the court's
ruling and his des&e lo coopera
tively work with council and the
Higgins administration.
The mayor estimated total legal
costs at $30,000 or more. He and
council hired an Elyria law firm to
represent them in the case.
The bonding for repairs to the
city hall roof from the gutters up
also has been resolved. Earlier this
summer, council hired a financial
underwriting firm and, as part of it
contract, asked it to oversee bonding
$4.1 million in city electrical, water
and other construction projects. The
city hall roof is among the projects.
City could realize profits
from sale of unwanted lots
The city could have an extra $143,000 in its coffers in
the coming months if plans to
sell of unused land proceed.
Based on property
appraisals, two and half acres
of lake front land purchased
for a possible water treatment
more than a decade ago is
valued at $125,000. The property is located near the
Anchor Lodge Nursing Center
on W. Erie Avenue.
It's possible the city could
receive more given the value
of lake front property, espe
cially on W. Erie Avenue, according to mayor John
Higgins.
At its Sept. 14 meeting,
city council authorized Higgins to sell the Lorain land
and less than an acre on Park
Avenue appraised at $20,000.
Located east of downtown,
the land is occupied by an
old water garage and storage
area no longer being used by
the city.
Both pieces of property are
among several parcels the city
wants to sell in the coming
months.
The mayor said he isn't
sure if the Lorain land is
commercially or residentially
zoned, but the Park Avenue
property is in a residential
area and a good site for a
new home.
Higgins said he expects to
list the properties with local
realtors pending a review of
the appraisals. Other unused
land owned by the city is expected to be sold in the future. Some of it was donated
to the city by developers in
lieu of payment of development fees.
Township group to decide
whether fire levy will work
by QLEN MILLER
Naws-Times reporter
A citizen's group hss been
formed to determine if the creation
of an Amherst Township fire department is feasible or ill conceived by
township trustees.
The group wants lo determine if a
2 mill additional fire levy placed on
the Nov. 3 ballot is sufficient to start
and maintain adequate Are protection for businesses and residents.
The results of the research will be
distributed throughout the township
to help people bttfomn better informed about the issue prior to casting their votes, according to trustee
Abraham did not vote to place the
2 mill levy on the ballot Trustees
Ron Leoni snd David Urig did. al-
at.  ,       , 1     »—   *mtm   S- —) ,-.--■* — -a -—        a.m sL -
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said little or no research was done
on the issue by eether.
T save not sssa say
ttoa as far as projected
for scsssl ctsssssnast or
Nois at ids was aleat,* he added.
-I saa't ssVtvs dssy would do ids
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research, consultation and talking
with the public about this."
Neither has research been done
on a possible fire department location, equipment needs or response
times to various parts of the township, which is now served by the
Amherst and South Amherst fire
departments.
Abraham contends the decision
was made loo quickly, without
public discussion and is "a knee-jerk
reaction" to a new fire contract to be
negotiated with Asnherst That con-
tract expires Oct I; s comma with
ths city of South Amherat will expire next year.
According to city statistics. 29
of Aadwst H» Dqksrt-
s calls warn to dm
In addition to an existing 1 mill
levy, the extra 2 mills will generate
a total of $249,975 a year, barely
enough to buy one new fire pumper,
according to city officials.
Amherst fire chief Ralph Zilch
was on vacation and could not be
reached for comment Leoni did not
return calls from the News-Times.
"I think we have vary food
coverage now because we have fire
service from both (Amherst sad
South Amherst) now, so I questioa
the wisdom of havrng only oas,"
Abraham slid, behave to ta
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10.5 percent of dm
total costs, or $46344
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