By Krystal Smalley
ksmalley@wbcowqel.com
Two significant motions came out of the Bucyrus City Council joint committee meeting Thursday evening.
The Finance Committee, after adjourning into a half hour executive session, returned to accept a recommendation from Law Director Rob Ratliff and attorney Gregory Beck to approve an expenditure of $5,000 for a civil rights lawsuit. Beck, an attorney with the Canton-based firm Baker, Dublikar, Beck, Wiley & Mathews, was hired by the city’s insurance pool.
According to Ratliff, the city was sued by Luther Banks, who claimed false arrest. Banks was arrested by Bucyrus police roughly six months ago for disorderly conduct. Ratliff added that the officers believe he had been making suicidal threats.
There have been a few settlement conferences and the Finance Committee voted during its meeting to allow for the $5,000 expenditure of the city’s deductible to allow for the necessary funds to settle. The matter will go back to the attorneys to see if details in the matter can be hammered out.
The federal case is being handled in the United States District Court Northern District of Ohio in Cleveland.
The downtown sidewalk usage issue also passed a major hurdle in the Platting Committee. Committee member Bill O’Rourke continued a strong opposition to outdoor seating, arguing that the sidewalk was not for use by the downtown businesses since it was a right of way.
“I think we need to examine a little bit and get the measurements out there and look at it, instead of try to make a decision tonight,” O’Rourke said.
O’Rourke argued that there was not sufficient space to allow for pedestrian walkways, furniture zone, and café areas, but committee member Mark Makeever countered that they needed to do something to give the Board of Zoning Appeals some kind of guidelines.
“The public wants this. The businesses want this. We need to help all the businesses because it applies to all the businesses. Sherwin Williams can’t even set out a can of paint, technically,” Makeever argued.
Fellow committee member Steve Pifer made a motion to make outdoor seating a permissible use in the downtown area. The motion passed 2-1 with O’Rourke voting against the issue. Committee chair Wanda Sharrock did not voice a vote.
Legislation to change the zoning ordinance will now be brought before the full council to refer for a public hearing, which would be scheduled at least 30 days after that. Even if the matter passes the full body and is dealt with at a public hearing, any businesses interested in having outdoor seating would have to apply to the Board of Zoning Appeals for permissible use at that property.
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The Finance Committee will be seeking legislation for a $7,000 transfer within the Waterworks fund from the Materials and Supplies line to Contractual Services. It also adjourned into a second executive session to discuss AFSCME contracts, but took no action on the matter.
The Platting Committee will be seeking legislation for a U.S. 30 bridge repair project. The Ohio Department of Transportation is scheduled to work on bridge repairs over the Norfolk Southern Railroad beginning in the fall of 2017. This will be part of a larger bridge repair project on U.S. 30 in Crawford County. No funds are being required from the city.