The Lima News from Lima, Ohio • 11

j. 1 tr.r. i-r .) today, Jan. 11UT Us UulMi I tmmm 1 issue service ByLYNN BRONBOMKl INewi Staff defined prior service as any service with the city of Lima, Including elected otficisls.part-ume employes or thone noder tha Comprehensive Employment Training Act, but the provision for elected officials was taken out of the ordinance Monday came from all sides of council, with most of the opposition centered qn including CETA. employes in the Mrs.

Hiker thought council was defeating the purpoee of the' CETA program by including those employes in the prior service credit clause. She uid the purpose of CETA funding is to train people to go into other jobs, not to maintain them on the current payroll. Local 1MB of the American Federation of State, County and Municipal Employes had fought long and hard to keep CETA employes in the provision, according to Local 1002 President Pete Lowe, who appealed to council Monday night to pass the legislation. city's financial crunch and were put On CETAr Lowe pointed out that as Civil openings occurred the CETA employes would take the Civil Service test, pass It, and be hired on the city's regular payroll. But, be pointed out, the employe would finally get on Civil Service and his pay would be cut 10 per cent and his accumulated sick leave and vacation time would be taken away.

If the proposal does not Include CETA employes, it discourages CETA employes from trying to gain status regular city employes. And Lowe implied the city could violate federal law If it choses to provide differently for CETA employes and its regular employes. continue to talk about CETA employes a dirty werdrbut -they (CETA employes) are not any lower than any of us. They work side by side with us to provide services to the city," he Mid. The union official, who represents the city's nonunlformed city employes, Hid council would violate CETA provisions if it choee to exclude CETA employes from the propoMl.

He uid under terms of CETA funding, CETA employes are entitled to the same pay and benefits as regular city employes. The fight tb Include CETA employes in the provision stems from -an incident last year when seven long-time city employes" were laid off from their jobs because of the In addition to the fight Shepherd noth said they were against the concept of the or-, dinance, with Gaeth stating, I can't buy the concept of tha or- dinance. In private industry, once you give up your employment, you five op. all rights and seniority." Lowe responded, Private industry doesn't have accumulated sick leave either, but they do have more pay. We (the city) don't have the money to pay.

our employes what private industry pays, so we negotiate for benefit! such as this. Other council members, including Lough rin, who asked that the issue be tabled during the last council. (See PAY, Page 19) voted the issue down by a 6-3 margin, with Coundlmen Floyd Gorman, 1st Ward; James Loiighrin, 2nd Ward; J. Vape Shepherd, 3rd Ward; William Gaeth, 4th Ward; Bill Harnishfeger, Sth Ward; and Dorthy. Hiker, Sth Ward voting against the issue.

Council President Jerry 6th Ward Councilman Furl Williams, and 7th Ward Councilman Gene Joseph voted affirmatively. A barrage of assaults on the issue Caudill returns to court; Huffman named prosecutor By MIKE PHILIPPS News Staff Writer "Are you Ross Daniel Caudill?" "Yes sir." With those words, accused murderer Caudill started over again this morning. It was three years and a day after he was first arraigned for the shooting death of policeman William Brown on a wintery January night in 1974. Accused of aggravated murder, convicted nine months later, sent to prison for life and now returned to Lima following two years of appeals which led to a reversal, Caudill can turn the clock back three years if that is what he wants. Caudill will get a new trial he pleads innocent because the Third District Court of Appeals ruled he had not been properly informed of his rights before entering a no contest plea at his original trial.

That decision was upheld by the Ohio Supreme Court in December, opening the way for the new proceedings. What he will do. remains a question, but that question and many others since at age 18 he stood trial for Brown's death. His dark hair is a-lit-. tie shorter, in keeping with the chang- ing fashions.

The full beard is gone, replaced by a moustache which drops past, the corner of his mouth to his chin and he is a little older. Brought briskly up from the county -jail, flanked by two uniformed deputies and followed by three detectives. he was in the courtoom legs -than 10 minutes. His mother sat quiet- ly in back. The bearing was brief, Bowen, presented his motion to withdraw, -Judge Harnishfeger appointed both defense and prosecuting attorneys, and ordered the case continued.

"I do not feel these proceedings should continue beyond this point without the defendant having counsel -present, the judge Mid. Caudill entered no plea and no bond was set. He was taken down the stairs and back to jail at a brisk walk. Following the hearing Judge Hah nishfeger Mid the arraignment would be within a week, but no date has been -set. Neither Siferd nor Huffman were present at the hearing.

Council picks representative for telephone rate rehearing FLANKED BY sheriff's deputies, Rosa Daniel Caudill was taken from the county jail this morning tor a brief appearance before Common Pleas Court John D. Harnishfeger where Richard E. Siferd was appointed his defense attorney and Lawrence Huffman was appointed special prosecutor. Charged with aggravated murder in the January 1974 death of a Lima policeman, Caudill was returned to Lima last week for a possible new trial. (News Photo by Dennis Laman) 'A final negotiations tains, which city employe! consider Important," nearly fell flat on ita face Monday night, aa city council voted down the iaaue on second reading.

It will face a third reading, probably when council meeta Jan. although city- employee might ask council to meet in special session between then and now to finalize the pay package. At Iaaue la prior aervice credit, which entitles employes who had previously been employed by the city to use that time for computing vacation time and accumulating sick leave. The ordinance, as presented, City to ask state to ok traffic light City coundlmen want a traffic light at the intersection of Bellefontaine Avenue and Shawnee Street, but the city engineering department and traffic commission do not recommend one. Last Monday council authorized legislation for placement of a traffic signal at (hat intersection and Monday night, during its three and one-half hour meeting, council placed the issue on first reading.

Meanwhile, Law Director Allan Dobnicker ruled Monday night that to place a traffic signal at that intersection would be "a violation of the agreement with what is currently known as the Department of Transportation, and may not only result in action on their part to remove any such signal, but may also cause problems in receiving state funding for city resurfacing projects, or other projects presently contemplated, suen as the North Street grade separation structure." Dobnicker was referring to legislation passed by council in 1971, which says traffic control signals will not be installed on Rt. 309, including Bellefontaine Avenue, without first receiving state approval. Assistant city engineer Leo Neal told council the engineering department made an accident analysis of the intersection, which showed placement of a light at that intersection is not warranted. The state Department of Transportation made a similar study and reached the same conclusion, Neal said. He cited several projects currently underway In tha city to which state Department of Transporation funds are vital, adding, "There is a possibility these funds could be held up or withdrawn if we.

were to install a signal that was not warranted." Council members doubted that state funding would be withdrawn because of the installation of a signal, with 3rd Ward Councilman J. Vane Shepherd being the most vocal, "If yob left it up to the static Department of Transportation, they would put up brick walls on any of their roads going through a city." Fifth Ward Councilman $111 Har-nishfeger suggested council go to the state and request permission to install a signal at that Intersection, stating, We're not talking about the accident but the Inconvenience to the elderly." It was pointed out that the Oaks Convalescent Center, located at 599 Shawnee, has generated more traffic in recent years and many of those using that street are elderly persons. Public Works Director George Scheid said it took many trips to Columbus and several meetings to get the state Department of Transportation to agree to funding for the Pine Street and Elm Street bridges during 1976, rather than during the 1980s as orginally scheduled. He volunteered to write a letter to the -state Department of Transportation to seek its approval for placement of the signal. Council agreed.

Angered over council's reaction to both the traffic commission's report and. Dobnlcfcer's opinion, 6th Ward Councilman Furl Williams said, Not only do you chose to ignore the traffic commission, but you defy the director of law. Why do we have them on the payroll?" He Mid it was not unusual for council jo ignore the traffic commission report, suggesting that certain times council members ignore the reports for political expedience, especially with this being an election Council President Jerry Winkler said, I don't think council it out of order to ask that another look be taken at that intersection. We could start-a battle with the state and see if the wank to deny the city of Lima a light at that intersection." Cosbyfilmstwo Ford tv a ds Super-hawker Bill Cosby came to 'Lipin this week to film a Ford Motor Co. -commercial at the Lima Engine Pint.

Perhaps he had a tight schedule, or perhaps the arctic air drove him awdy. In any event, be left town before a scheduled meeting with reporters this morning. Cosby wm filming a pair of commercials extolling Ford's quality control in engine production. Fbrd officials, vocally disappointed that the comedian left before the news session, said shooting was com-1 at 11 p.m. Monday.

Cosby then explaining that a busy schedule plated 11 p.m. Monday Cosby then taespbthat T', prsytnted Mm nMU UPI P' -tu i cummiHials will bejlred Allen board fills Shawnee school post Sixth Ward Councilman Furl Williams has been tapped to join Law Director Allan Dobnicker to fight the United Telephone Co. rate increases, approved by the Public Utilities Commission of Ohio, but scheduled for rehearing Feb. 1. Williams was drafted by council Monday night as its official representative at the hearing because he is chairman of council's utilities committee, and council placed the issue in that committee.

Council also authorized payment of on the new board member. During the interview by the Shawnee board Dec. 13. Doolittle Mid he believes the role of the board member is to set general policy for which the administration is required to carry' out." In response to a question by board member Shackleford on board members visiting schools, Doolittle Mid, "I think the board has the responsibility to knew something of what is going on in the schools. I don't think they should do so (visit the schools) without asking the superintendent." The county board also approved a resolution asking the clerk, county schools Supt.

Richard Hart, to send a letter to the Shawnee board urging cooperation with the new board surrounding the case will be answered by the law, in its slow deliberate way. Two of. those questions were answered this morning when Common Pleas Court Judge John D. Harnishfeger, who presided at Caudill's arraignment three years ago, agreed that Prosecutor David E. Bowers should withdraw from the case and when he appointed Lawrence Huffman as special prosecutor.

Bowers had been one of Caudill's two defense attorneys at the original trial and Judge Harnishfeger agreed Bowers should not turn prosecutor in the same case he had defended three years ago. He also agreed that none of Bowers present assistants should prosecute this case. The former county prosecutor, Huffman again direct the state's efforts to convict Caudill of aggravated murder. Appointed tu defend Caudill was Richard E. Siferd who represented Caudill through the appeals process which ultimately brought him back to Lima today.

Caudill, now 21. has changed little expenses, including sending copies of filings made on behalf of the city to interested parties. This amounts to approximately 250 individuals, Additional expenses for copies, depositions, travel, lodging and meals also will be paid by council. Dobnicker had recommended that council hire a certified public accountant to review pertinent records and filings to determine if United's report rate of return is accurate. "This (hiring the CPA) would of member.

Crawford, when reached this morning. had no comment on the appointment. Shackelford Mid today he did not know Doolittle personally but added "I was impressed with him at the interviews. He also Mid he is glad the board picked a member. In other action Monday night, the county board elected Paul Cramer president to succeed C.E.

Downing. Conrad was named vice president and acted as president Monday night in place of Cramer, who was absent. The board also approved appropriations of $624,836 for 1977, continued its meeting date as the third Monday of the month at 7:30 p.m. through March and at 8 p.m. April through October.

of sleds, still had a few shovels. But, starting this morning, there aren't a whole lot left," said a spokesman for the store. As the snows kept falling and persons began shoveling to get out erf driveways, merchants throughout the city found shovels a hot item on a cold winter day. Stewart Road Hardware, 3095 Stewart north of snow-covered Bluelick Road, didn't have too many customers because of the snow. But.

many who did brave the weather to go to the store, a sales person Hid, came to' buy shovels. Mention the word shovel to the American Heart Association and the word is "persons with heart conditions should forget the shovel and pay the fellow next door to do the work." A representative of the Central Ohio Chapter Of the Heart Association Mid, in the heavy snow, heaving one shovel full of packed snow equals the ume exercise aa running up three flights of stairs. Other rules for the shoveler, who does not have a heart condition, are; Don't shovel immediately after eating, wait at least one hour. Don't smoke while Don't shovel to the point of exhaustion. Dress warmly in light, thin layers of clothing as opposed to just one heavy Jacket.

Muffle the euro and throat when outside. Keep hands and feet dry. Lift with the whole body, keeping the back straight. Tf buTof breathr papse. If a pain occurs tat the cheat, stop the physician.

By BOB GIBSON News Staff Writer Theodore Doolittle, an engineer at Sohio. was named the new Shawnee school board member Monday night by the Allen County school board. Doolittle of 235 Concept Dr. will fill the board position of Fran Weigt, who resigned Dec. 1 after her husband was transferred out of town.

Doolittle's term expires Dec. 31. Mrs. Weigt was appointed to the board Sept. 30 by the Shawnee board.

Following her resignation, the Shawnee board considered and voted on 19 candidates but was unable to reach a decision because of a 2-2 split. Since the Shawnee board did not pick a member, they referred the matter to the county board. In voting at the Dec. 13 Shawnee board meeting, Robert Shackelford and Dean Gallup voted for Doolittle and board president Chris Crawford and Wendell Freeland voted against seating him. The county board interviewed seven of the 19 potential board members Jan.

3. after reviewing resumes of the applicants. Newly' elected county board vice president Edmund Conrad Mid after the meeting Monday night he did not want to comment or the selection because of the situation on the Shawnee board. There have been differences between board members over the administration of the schools. The differences among board members is believed part of the reason Shawnee's deadlock in.

voting winter. But, she suggested, children may take the tubes off old farm equipment. One of the wildest gimmicks for si- Hing she has seen ltoieirii over the New Year's holiday. Some adults, using an inverted trunk of a car for a sled, were having quite a speedy run in Faurot Park, a favorite place for many of the city's sporting youngsters and oldsters alike. Ms.

Morris uid the snow made the city's skating ponds umuable Man-day. Another trend this year is in plastic roll-up sleds. Lima Bargain Center, 4200 S. Dixie, which sold a dozen sleds Monday morning, 'after being open only two hours, sells the roll ups for innovative siedders take to slopes course be contingent upon obtaining an extension of time in which this work could, be performed, Dob-! nicker Hid. Council did not authorise tha taring, so Dobnicker will shoot for the Feb.

1 hearing to prepare his case. Dobnicker told council the hearing may not have to take place since. "It is occasionally possible to enter into an agreement at the time of hearing to reduce the rate increases. He explained that sometimes companies negotiate a reduction in rate increases with municipalities which -are objecting to a hike, "just to get out of the hearing." Noting that his office is not authorized to negotiate an agreement if the chance is offered, Dobnicker advised, "Assuming the hearing of Feb! 1 proceeds as scheduled, it is necessary that all members of council attend the hearing, unless you appoint a member or members of council to approve any settlement at the hearing. The procedure only would be effective.

he Mid, if the full council agreed in advance to accept any settlement agreed upon by its representative. Council then tapped Williams for the job. Following his appointment, Williams told council, "I have some strong feelings that whatever we do, we're going to be spinning our wheels. I'm afraid were spending some' money that could be used elsewhere." The PUCO on Nov. 30 granted United a $16.3 million rate increase approximately a 35 per cent hike effective Jan.

1. Later, Edith Kellner of 942 Crestwood chairman of the Lima Telephone Committee, discovered that the PUCO had not mailed copies of the staff report of investigation to the affected municipalities. The mail; ing is required by law. The PUCO admitted its scheduled the rehearing Feb. 1 iq Columbus and mailed copies of the staff report to mayors of the 100 ertn-munities served by United.

Despite the oversight, the comm is- slon allowed the rate hike to go into effect Jan. 1. In other action Monday night, coun-' cil: Rezoned from class I residential to class II residential a at 1415 -Rice as petitioned, by Thomas Beverly Medsker. Passed a general ordinance authorizing Planning Director' Richard Schroeder and Dobnicker to purchase real estate at public auction with Community Development Act -money. Approved settlement of a claim' against Miller Brothers Construction'' Inc.

for damage to a city-owned water, line- 169 Board decides on superintendent The Board of Mental Retardation (169 Board) meeta tonight at 7 at Marimor School, 2550 Ada Rd. 1 Included on the agenda are committee reports by the personnel and Mlary study groups. Personnel committee action will deal with the recommendation of a nee dent for board approval Discussion of aa operating levy also scheduled as ton recently-formed Marimor Association for hoard lwxigflltinn. less than $3. But, the sledder must beware, as accidents do happen.

St. Rita's Hospital reports five cases of sledding injuries brought into the hospital emergency room Saturday, Sunday and All accident victims were treated and released, but the majority of them were brought in from the Jameson Avenue overpass, another frequently used hill in the city. One Faurot Park casualty resulted in approximately 20 stitches in the-emergency rodm, a hospital spokesman Hid. Shovels were another big sales item the put few days. Myers Hardware in Cridersville, though they were out from 10 a.m.

until 4 p.m. in four locations; Pangles in the Lima Mall, in front of Kings Department Store in the American Mall, Kings in Northland Plaza and Clyde Evans Warehouse Foods at 1800 N. Cole. Grand Jurors given charge of assault Harvey J. Shears, 36, of 513 Nova ns bound over the grand jury Monday on a charge of felonious assault.

Lima Police have charged Shears in connection with the shooting of his Wife hi theuppnTigbt aim Judge Richard Heeter continued $2,900.., 4....:. By JUDITH HOEFFLER News Staff Writer Sledding and shoveling. They go with the snowy weather and local merchants report brisk business in sleds and shovels the last few snow-. filled days. -Monday, as youngsters throughout the county had a surprise day off from school, the local slopes got a workout! Ne led for Christmas, old sleds and recently-purchased Sleds whisked down snow-covered slopes.

Despite gusty winds and near-zero temperatures, boys and girls found ways to get out of snow-bound homes and over to the nearest hill. in phone survey of local stores, availabilty of sledding equipment was found to be at a premium. Many hardware stores, usually a source for sleds, were sold out after the Christmas buying spree. Stippich Hardware at 300 N. Main still had eight sleds in stock, ranging from 12.

to $30. Unfortunately for the store, but good news for the sledder, the shipment, ordered in July, did not arrive until after the holidays. Jones Hardware, 113 W. Market, was out of sleds. A salesman Hid that wouldnt stop the innovative youngsters, adding that using inner tubes jn the slopes was the going thing.

1 Goodyear at 2080 N. Cable didn't see any increase in inner tube Mies, though. A spokesman Hid with robber costs being what they are, the tube prohibited tkgfr Protaro foe wilder fun only. Pat Morris, -deputy of rabfic works, division of recreation in Lima, uid she uw a lot of inner tubes jotting he hills of dty parks this Group battling phone. rates delays meet until Thursday Lima Telephone chairman Edith Kellner Hid tonight's weekly meeting has been postponed until Thursday at 7:30 p.m.

The meeting will be held In the Shawnee Township administration building, 2530 Ft. Amanda Rd. The committee will discuss Its battle with the Public Utilltiu Commission of Ohio over a rate Increase grsnted United Telephone Co. Mrs! Kellner Mid the Committee also is planning a bake Mle to raise funds to defray legal costs and fees for registration a nonprofit cor--paratioa. Theake Mle will be held Saturday A kSUU.