04/19/1983 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 4/19/83 -2- 4) On April 13th, met with Mr. Peterson, Davy Tree Company, and Director of Human Resources, Don Copeland, to visit the 1480 and Grace Road site for tree planting. Discussed various alternatives; how to develop the plans, whst type of timetable could be developed. The feeling is that Fall would be the best time to pr0ceed with the tree planting; will not be able to get through the red tape within the next four weeks to implement the project for Spring. Finance Director Boyle reported: 1) Had previously reported about workmens compensation rates for North Olmsted; the experience rate is extremelq low. Has reviewed the rate and all the cases that established it. Have come up with a couple of discrepancies and have filed a protest and believe the experience rate should decrease even further now. 2) Is working on the budget with Director of Budget and Management Paul Gareau, who is recuperating at home. 3) Had previously reported changing all banking accounts possible over to Negotiable Order of Withdrawal accounts; for the interest and for a cash manage- ment project. Because of this, last month received an additional $400 into the Rec Center - about $1,400 in all. Received $2,100 3ust through NOW Accounts, using Bus Fuads, which is General Fund interest. Last month, also earned $17,874 on investments for General Fund and Bond Retirement. On the Building Fund alone, has earned about $40,000 as of naw -just on tfie construction fund - and antici- pate another $57,000 before November, whieh is completion month and final payment. 4) At first Council Meeting, as Finance Director, discussed a tax cut to the banks called the Intangible Tax on Deposits. The State's new tax law stopped this. It was supposed to decrease over a two year period, until the end of 1983, when banks wouldn`t pay any taxes on deposits. Banks will now pay 1.375 mils on any funds on deposit other than tax monies. This is becoming a permanent tax. There are a few other things in the tax bill that will help the city and the residents - exemptions going from $650 to $1,000; golden age credits doubling, etc. 5) Law and Finance Directors stiet with the City of Cleveland regarding the sewer billing. This was the first meeting North Olmsted was invited to attend; met with the cities of Cleveland, Strongsville and Rocky River. They started off with a rate of $2.25 per meter; brought them down to under $1.58; are still negotiating. North Olmsted would perform the billing but not the meter reading. Law Director Gareau reported: 1) Council was made aware in 1982 that seventeen cases were appealed in Rocky River Municipal Court relative to the "No Right Turn on Red"; received a decision in these cases last week. The cases were broken down into 8 cases in one appeal and 9 cases in the other appeal. In fihe 8 case apptal, the police officers simply stated that a traffic control device had been violated, namely; that there was no right turn on red, and cited under that section. In the other case, the officers eited under the permissive section of the Codified Ordinances dealing with the Council's right to restrict no right zurn on red. The Rocky River Municipal Caurt judge indicated the officers in all of the cases should have cited under the ordinance that authorized the placement of the sign. In other words, the ordinance passed "in 2981 was an ordinance amending the Traffic Control Map and File of the City and violators should have been cited under that section. The Court of Appeals had overruled the Rocky River Muntcipal Court's decision with respect to the 8 cases; ruled that this was not true in all 17 cases gnd violators shouid N0T have been cdted under that. In the 8 cases, the officers properly cited under the traffic control device; in the otfier 9 cases, because the officer cited under 313.03 C 4, instead of C or C 1, the cases were thrown out. In essence, the officer got too specific. If he had put C instead of C 4, the case would have been upheld. This is something that Council should look at to determine if tt should be taken to the Supreme Court. Police officers are not lawyers; they wtttt tickets as best they can and should not be judged on whether or not they added a 4 or a 3 ora2. ._ ?