12/06/1983 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 12/6/83 -2- Finance Director Boyle renorted: 1) City received the Ma.y through August water IIW billings from the City of Cleveland -$427,000 for North Olmsted sewer usage and $14,396 for Olmsted Township: 3% in fees were deducted; $60,168.48 for North Olmsted and $1067.41 for Olmsted Township. City had eharge-backs of $1,200, plus a prior charge of $900, which is approximately S2,100 to he used against the $60,000 plus. 2) City has received the final real estate distribution :from the County. Ts awaiting the roll-back from the State which usually come in the last week or two in December. 3) Workmens' compensation rates for 1984 have been fixed at 1.24%; still one of the loweat in the State of Ohio. 4) Revenue sharing program has passed 9:n the Senate and the House; will probably con- tinue at its 4.6 btllion dollar rate. President wilJ_ nro6ably sign since it meets with all his recommendations; bill will continue for three years. One ma_jor change affecting North Olmsted is an annual audit of any monies used in revenue sharing. 5) Has met with the Mayor, Law nirector, Wavne Kuhn and Peter Ross £rom Mcnonald and Company, as well as John Larson from Squire, Sanders and Dempsey, regarding Phase III of the sewer project. Is attempting to formulate some way of lowering the interest charges on the money to be borrowed. Law Director Careau reported: 1) With respect to the Jandecka dog case, the Court of Appeals had retained jurisdiction for the purpose of having Judge 0'Donneal. issue findings of fact and conclusions of law; he was given thirty days to do so. The Judge did not ma.ke the findings within the thirt_y day period so the case has been reversed and remanded back to him for furtfier proceedings. Presumably, Judge 0'Donnell will ei_tfier have to hear the case over again or review the briefs again and issue findings of_ facts and conclusions of law. 2) Received notification from the Sixth Circuit Pederal_ Caurt of. Appeals in Cin- cinnati, on two cases. One was the RTA Case which City was not successful in onee again. Asked Council, in executive sesston, if this should be appealed to the TJnited States Supreme Court, His recommendation is that we do anpeal. The other case was with Mr. Vicaroni, the prisoner who sued the City for ar_resting him and not expunging his arrest record. The court dismissed his anneal as being not timelv, so unless it is taken to the United States Supreme Court, this case is over. Mr. Logan asked Law Director to clarify the legal ontions the City has with resnect to appeals to the Supreme Court on the antiTtrust situation. Law Director stated the anti-trust case is a concept he develoned five years ago, pursued in the Federal Court only after going through the nhio courts on the Regional Transit Authority. The loss in the Court of_ Appeals wi1J not a£fect the way the City onerates the hus line; does not affect the Citv's relationshiu with RTA. Any further problems en- countered, regarding the working relationshin with RTA, is not a question of appeal. It is a quest3on of goinQ back to Common Pieas Court relative to RTA's obligation to provide transit service to this area and wfiether or not they are providing the subsidy they are required by law to provide, Mr. Wilamosky is now present; time being 8:25 P.M. As_recommended by the Law nirector, in executive sesston, Mr. Logan moved Council urge the Law Director to pursue an apneal to the tJnited States Supreme Court, in the case of the City of North Olmsted versus the Greater Cleveland Transit Authority, on the grounds of the anti-trust violation, second by Mr. McKay, unanimously approved. Mrs. Petrigac asked the Mayor to vrovide facts and figures coverinp, costs for the new Council Chambers. Mayor replied he and Finance Director are currently wortcing on this xeport; will have the .figures w3thin the next week T by next Council Meeting. The Mayor and Council discussed the new Council Chambers in general.