Salem to appeal death benefit award
State agency rules retired firefighter’s widow entitled to ‘substantial’ paymentsBy LARRY SHIELDS
SALEM - City council voted to appeal an Ohio Industrial Commission decision to pay a former firefighter's death benefit.
After a 17-minute executive session Tuesday, council unanimously approved the action.
The OIC approved a death benefit for former Inspector Aldie Breault who died in January. He served with the fire department for 29-and-a-half years.
Breault's wife, Audrey, is the beneficiary.
Law Director Brooke Zellers said the death benefit, which she will receive for the rest of her life, was the result of a ruling that linked his death to his job.
The city appealed the ruling but the OIC "refused to hear " it.
Zellers explained, "Once that happened it allowed us to go to the Common Pleas court to appeal."
He expected to file the lawsuit later this week.
Councilman Justin Palmer, the Finance Committee chairman, said the amount was so high, "It'll knock us out of our workers' compensation insurance."
The Bureau of Workers' Compensation is part of the OIC.
Palmer added, "There'll be a substantial financial burden ton the city."
Neither Palmer or Zellers could say how much it was but Palmer said it could be as much as six figures.
In other business, council authorized a $102,962 reduction in appropriations in the general fund and transfers and appropriations totaling $229,975.
Council also approved $30,000, an estimated project share, for street paving the Ohio Department of Transportation has scheduled for the summer of 2009.
ODOT will resurface U.S. 62 from state Route 165 to state Route 14F, state Route 14 from the Columbiana County line to state Route 173 and from there to U.S. 62 and to state Route 14.
ODOT said portions of the project will be inside the city and cost about $30,000.
The official estimate will be calculated in about three months, ODOT said.
All the work will be on the west side of the city to the overpass and Palmer said the $30,000 should be more than enough.
Councilman Dave Nestic asked if there was an "out" in the contract for
the city and Palmer said there was, while also noting the paving needed to be done anyway.
The city also accepted the donation of a six-by-six foot "Salem Quaker" floor mat for city hall.
The mat will be placed in the upstairs lobby.
Also, Treasurer Robert A. Tullis advised council that income tax receipts were up $46,945 over 2007, an increase of 1.27 percent.
"That's certainly good news," he said. He also reported on working with Time Warner Cable to improve the broadcast quality of the city's government channel.
Zellers also advised council that the Ohio Department of Liquor Control said the annual license renewals were due Feb. 1. If there were objections or challenges to any renewals from council members of constituents the hearing process needed to begin to meet that deadline.
Also, Utilities Superintendent Don Weingart advised that a committee meeting, held just before city council's meeting, approved an ordinance for annual supplies for 2009.
It also discussed a water tap-in for David Rice for lots at 1816 and 1826 Depot Road. Weingart said there was an existing water line and it was up to Columbiana County to put sewer lines in.
The committee will continue discussions because past ordinances required annexation, but other ones do not. Committee Chairman Dennis Groves said, "We didn't tell him 'no.' We are going to look into our ordinance to see if we need to change. We do need more customers for our water system."
Service Safety Director Steve Andres said residents can call to have their leaves picked up.
Council set a Finance Committee meeting for 7 p.m., Dec. 9; an Economic Development oversight meeting for 4 p.m., Dec. 11; and a Salem Area Industrial Development Corporation meeting for 6:30 p.m., Dec 11.
Larry Shields can be reached at lshields@salemnews.net
