Dan’s Bar is an eye sore once again. I stopped at Brickers to pick up dinner for my family tonight. I parked almost in front of Dan’s bar. While I was getting out of my car I heard a commotion coming from inside the bar. Let’s say the words coming from there are nothing you would want your kids to hear. Then suddenly a woman was hit square in the jaw by a guy, yes a guy. He hit her hard enough she flew to the ground and laid there for a minute, right when I asked if she was alright, the bar fight started to move outside. All the while I heard the bartender yelling take that s*#t outside. Take it outside!  I quickly crossed the street and watched from a distance. When everything was said and done they all went back inside the bar. Just then I looked and 2 older ladies were stepping out of Brickers, one of them turned to me and said is it safe to come out. I felt bad that 2 ladies felt scared, will they come back, maybe, maybe not. I did walk them to there car. This is the same thing with this bar. The city goes after them and they straighten up for a while and back to there old ways. Tell me what Dan’s bar brings to the downtown area. First you can watch a good fight or 2 on the weekends. Find a nice girl to bring home, for a fee. If your back  hurts you can go to one of the fine pharmacists that hang out there. I seen underage kids  in the bar when this was going on. Something needs to be done about this nuisance. One person was clinging to life after getting his head beat in at Dan’s bar. Someone is going to GET KILLED THERE. It serves no purpose for this community except to tie our fine city police department up on weekends and taking medical emergency personnel time. So I am starting a campaign to close Dan’s bar. The weather is changing and soon it will be nice. So it is time to start now, speak out ,at council meetings if you are concerned about problems in the city. Let us hear you.

Councilman Kerr
councilmankerr@yahoo.com

First let me say that I think Ryan Estell is the right person for any postion. I don't think he should be the Service/Safety Director, actually I think no one should be! That position is doing nothing for this city. We need to hire a City Manager which I think Ryan Estell would be perfect for. The director is appointed by the mayor, a manager is appointed by city council. That is what this city needs, we need to get away from the same old mayors right hand man theory, it does not work. Nothing has gotten done for the past 5 years, the postion is currently being held by Bill Cowan with a dollar a year salary. So if we are going to pay someone a salary, we need the postion to be for a city manager. With the hiring of a new director you still have the  lack of communication between the city's administration, department heads and city council. Listed below are the duties of both a city manger and the Service/Safety Director you decide on the position!!


DUTIES AND RESPONSIBILITIES

The Safety-Service Director
The Safety-Service Director shall be appointed by the Mayor solely on the basis of his executive and administrative qualifications in the profession of public management, as judged by the adequacy of his technical training and his successful experience in public, commercial, or industrial administration.
The Safety-Service Director shall be responsible to the Mayor for the general supervision and proper operation of the Departments of Police, Fire, Personnel, Streets, Parks, and Pools. 

City Manager
A "city manager" is an official appointed by council as the administrative manager of a city, in a council-manager form of city government. Called the chief administrative officer in some municipalities.
Typical roles and responsibilities of a city manager include:
• Supervising day-to-day operations of all city departments;
• Supervising the department heads
• Preparing a draft city budget each year with options the council votes on;
• Researching and making recommendations about topics of interest to the council;
• Meeting with citizens and citizen groups to understand their needs better;
• Providing executive leadership that encourages good performance by city workers;
• Operating the city with a professional understanding of how all city functions operate together to their best effect.

Typically, city managers have hire-fire authority over all city employees, though these decisions may be required to be approved by the council, and must comply with locally applicable civil service laws. This authority includes talent searches for "department heads" who are the managers of the city departments.
While we are on the subject of changing city government. I think council seats should be a 4 year term with 2 year rotations.

"When you change the way you look at things, things change"
Councilman Kerr

I am sorry it has taken so long to post a new blog comment, but I have been busy dealing with the City’s Web page and trying to bring it up to date. So I am ask YOU please review the web page and tell me what you would like to see on it. http://www.eastliverpool.com

 Please take in mind this is not my work. I really have no idea of who created the web page. The one thing I know is it that it has not been updated since 2004. So I will be working on this and not posting as much. Another thing I am diving into is trying to change the Zoning in East Liverpool. It needs updated and really looked at for the better of the citizens. There is no wiggle room for the current state of the zoning. It pushes businesses away and puts neighbor’s nerves at wits ends. This needs to stop! Now I am not saying changing the zoning will make people rest easier, it will help.

While at a business meeting in youngstown, someone mentioned this to me. So I looked it up; I find it interesting that the Buckeye Water District seems to say yes to things, then forget all about it when it comes time to pay. I feel confident  that the, 7th District Court of Appeals will uphold  the decision from Common Pleas Court Judge C. Ashley Pike. Listed below is the article about the company sueing Buckeye Water District for non payment and Mr.Dennis O’Toole  counsel for the BWD info from his web page.


© 2008 Vindy.com. All rights reserved. A service of The Vindicator
http://www4.vindy.com/content/local_regional/301324791572310.php
Wednesday, October 3, 2007

LISBON — Craig Edward Susany Inc. of North Lima filed a lawsuit Tuesday in Columbiana County Common Pleas Court against the Buckeye Water District, which terminated the company Monday.

Susany has built about 80 percent of a four-mile water line that will move water from the Ohio River to the water district plant near Wellsville.

The company has been paid about $1.3 million, and has an additional $1.7 million outstanding in completed work. The contract for the line construction is $4.1 million, according to Susany's lawyer, Alan D. Wenger of Youngstown.

The dispute centers on changes in the plans made during construction. The lawsuit says that Buckeye approved changes, then reversed itself and refused to pay for the work.

Susany said in the lawsuit that as a result, the company had increased labor and material costs.

Attorney Defending Buckeye Water District
From his web page http://www.sheffieldlaw.com/attorneys/20/ 

Dennis M. O'Toole

Mr. O'Toole is a senior partner of the firm and has been a trial lawyer for 33 years. He has handled a wide variety of civil cases as part of a multi-state practice based in Northern Ohio, including serious personal injury and wrongful death cases. A substantial portion of Mr. O'Toole's practice involves the representation of public sector clients, where he handles a myriad of cases and legal issues facing public entities, including eminent domain cases.

He currently is general counsel for a number of regional rural water authorities, including Rural Lorain County Water Authority, Northern Ohio Rural Water, Buckeye Water District, and Jefferson County Water and Sewer District. Mr. O'Toole also serves as general counsel for the Ohio Rural Water Association and works with many rural water associations and their general counsel throughout the United States. Mr. O'Toole's recent work includes the successful litigation in the Northern District of Ohio and the 6th Circuit Court of Appeals of 1926(b) territory defense cases, one of several successful cases recently handled by Mr. O'Toole. Mr O'Toole is recognized as a national authority on 1926(b) litigation and frequently lectures on the subject throughout the United States.

Dennis is a frequent speaker and presenter on a state and national level and author and co-author of published works on legal liability and trial practice. He is chairman of the litigation section of his firm and senior director of that firm.

Education/Professional Degrees

Regis College, Denver, Colorado, A.B. 1970; Capital University Law School, Columbus, Ohio, Juris Doctor, 1974; admitted into practice in Ohio, 1974; admitted: United States Supreme Court; United States Court of Appeals, Sixth Circuit; United States District Court, Northern Division; United States District Court, Southern Division; Ohio Supreme Court.

Special Assignments and Awards

• The Order of Barristers for high achievement in appellate advocacy;
  
• Lorain County Bar Association Outstanding Service/Ethics and Grievance Committee Chair (8 terms)
  
• The Lorain County Metropolitan Park District, Service Award for Legal Services.
  
• Lorain Metropolitan Housing Authority, Outstanding Legal Services Award.

Recent Cases and Decisions

• Village of Grafton v. Rural Lorain County Water Authority (Aug. 23, 2005), 419 F.3d 562
  
• Grobe v. Ohio Turnpike Commission, Lorain County Common Pleas Court, Case no. 04CV139723 (2006)
  
• Brown County Rural Water Association v. Village of Georgetown, United States District Court, Southern District of Ohio, Case No. 1:04CV017
  
• The City of East Liverpool v. Buckeye Water District, et al. Columbiana County Common Pleas Court, Case No. 05CV502
• Steuben ville v. Jefferson County Water and Sewer District, Jefferson County Common Pleas Court, Case No. 02CV370
• Steubenville v. Village of Wintersville, Jefferson County Common Pleas Court, Case No. 04CV00178
• City of Wadsworth v. Yannerilla, et al, 9th Appellate District, Case No. 06CA0019

Lectures/Seminars/Publications

• 1926(b) Litigation and Predatory Tactics of Municipalities and Counties (Annual Convention Ohio Rural Water Association)
  
• "Legal Liability in the Workplace," national symposium Minneapolis, Minnesota (U.S. Department of Health and Human Services, Region Six); New Orleans (HHS, National Convention); and, Las Vegas, Nevada (National Health and Fitness Association Convention).
  
• Lecture: numerous in-service seminars for management on the subject of "Preparing for Litigation before Litigation Starts."
• Lecture: numerous seminars on "The Art and Skill of Cross-examination."
  
• Seminar Speaker: Ohio Rural Water Association Annual Convention 2001 - 2007
• Seminar Speaker/Panel Member: Kansas Rural Water Association Annual Convention, Wichita, Kansas, 2006: 1926(b) litigation.
• Seminar Speaker/Panel Member: National Rural Water Association National Convention, Dallas, Texas, 2006: 1926(b) litigation.
  
• Seminar Speaker: National Rural Water Association National Convention, Philadelphia, Pa. 2007: 1926(b) litigation, cases and strategies.
• Co-author of the nationally published "AACCA Cheerleading Safety Manual" (UCA Publications, 1997) on the subject of tort liability and exposure, used and endorsed by the American Association of Cheerleading Coaches & Advisors.
• Author, Summary Judgment in Ohio, Ohio Bar Association Seminar Series

Mr. O'Toole resides in Vermilion, Ohio and maintains an active role as a lector and Eucharistic minister with his church and community hospital. He is chairman of the board of Kendal Northern Ohio, the parent company of Kendal at Oberlin, a congregate care retirement community and Kendal at Home, which provides at-home services to seniors.

Here is their privacy policy http://www.sheffieldlaw.com/privacy-policy.shtml

Sheffield Village Office
Phone: (440) 930-4001
Fax: (440) 934-7208
dotoole@sheffieldlaw.com

All web pages and articales are listed with their sources. (LEGAL STUFF) and are not related to Councilman Kerrs Page

The streets department was on top of things the last couple days plowing the streets. So they deserve some credit!! I will be the first to say my hats off to you guys for all the hard work and to the street departments supervisor ray, you are the right guy for the job. Here's one from me guys while you are plowing away.

Turn the radio up and plow away!!!!!!!!!