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Council Minutes of 5/1/84 <br />-2- <br />an opportunity to present a picture to subscribers, as well as Council, that rate <br />increases are, in fact, necessary. Mr. Boyle agreed that it could and commented <br />that when the request for increased rates is .presented to Council this would be <br />something that should be investigated. <br />Law Director Gareau reported: 1) Received a proposal from Aetna Casualty Company <br />to settle the lawsuit filed against .them with respect to their bond that was <br />written for the City Line Estates Subdivision. Would ask Council to approve the <br />settlement of this case; City had sued for $9,200, Aetna Casualty has offered $7,500. <br />2) With respect to the Luwanna Cooper Case, Law Director filed an additional motion <br />for summary judgment which has been denied. Will undoubtedly be going to trial. <br />3) With respect to the Jandecka I Case, dealing with the five day suspension which <br />the City had won in the lower court, has received word the Court of Appeals, Eighth <br />Appellate District, has reversed the lower court's decision. Law Director is most <br />unhappy with this decision; intends to take the case to the Supreme Court of the <br />State of Ohio. This decision not only affects North Olmsted but affects many <br />political subdivisions in this area that have the same Charter language dealing with <br />the right to promulgate rules and regulations by the Civil Service Commission. The <br />Court of Appeals has basically said that North Olmsted has to "specifically" state <br />in the Charter various areas where rules and regulations can be adopted. In Law <br />Director's opinion, this is totally inconsistent with present case law. <br />4) Several weeks ago, City was served with an appropriation case dealing with <br />property for the new, relocated Route 252. Because City does have an easement, <br />Law Director Gareau has filed an answer, asking the Court to preserve the rights of <br />the City with respect to the sanitary sewer easement. <br />5) Another case filed against the City dealt with the Recreation Center and was <br />for $25,000, claiming an injury in May of 1982. .Has forwarded information to Service <br />Director Corrigan so the insurance company can take over the defense in this case. <br />Mr. Wilamosky moved Council authorize the Director of Law to enter into a settlement <br />agreement with the Aetna Casualty Company in the amount of $7,500 and further, that <br />he attempt to negotiate that payment be made directly to the contractor, to make <br />necessary repairs, per the settlement, for any deficiencies that may exist in the <br />City Line Subdivision, second by Mrs. Saringer, unanimously approved. <br />Safety Director Petre reported: 1) Bid opening for three police cars and new chassis <br />for Fire Department was held at noon today; two bids were received on each proposal. <br />Board of Control will determine successful bidder this Friday. <br />2) Parks and Recreation Department recently mailed the Spring and Summer Schedules to <br />all residents. They also may be secured at the Rec Complex. <br />3) THs Friday, Saturday and Sunday, Ice Blossoms - 1984, will perform at the Rec <br />Complex; 8 P.M. Friday, 2 P.M. and 8 P.M. Saturday, and 3 P.M. Sunday. <br />4) The energy audit study, prepared by Roth Brothers, will be received this Thursday. <br />5) Meeting was held on April 18th with representatives of West Shore Cable TV and <br />Lt. Krynak to discuss the feasibility of using cable lines to computerize traffic <br />signals in North Olmsted. This concept will be pursued and a report prepared. <br />6) Requested legislation authorizing the Safety Director to advertise for bids for <br />the drainage problems at the Rec Complex. <br />Mr. Wilamosky stated that during the appropriation meetings the Administration agreed <br />that the drainage improvements would be done in-house, making necessary repairs to <br />drainage in front of the Rec Complex as well as on the eastern boundary of the Rec <br />Complex property. Mr. Petre reported receipt of a memo dated April 27th from the <br />Recreation Director stating that both he and Public Works Commissioner Gorsuch <br />mutually agree that the drainage problems at the Complex can be best addressed by <br />private contractor rather than doing it in-house. Asked for legislation to advertise <br />for bids for this project and stated the Engineering Department would provide specs. <br /> <br />