01/03/1984 Meeting Minutes - Laserfiche WebLink

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Council Minutes. o~ 1/3$4 -3- Law Director Gareau reported: 1) Since September of this year, the City has ~*' been involved in litigation with respect to the suit filed by Mr. Ronald Zurawski who claimed that he was entitled to a hearing before the Civil Service Commission, or alternately, he was entitled to the removal procedure for a director with re- spect to the City Charter as it relates to removal and appointment. Mr. Gareau filed a motion to dismiss and the motion has been granted. 2) With respect to the Jandecka (dog) Case, Mr. Gareau met with Judge O'Donnell to- day. Judge O'Donnell has directed the Law Director to submit a finding of facts and conclusions of law; he will again make a ruling. 3) With respect to the Jamestown Case (Margolius), Law Director notified the court that the City went through the procedure of re<-adopting the rezoning ordinance and indicated that this would make the lawsuit moot with respect to the court dealing with the issue of the constitutionality of .the zoning, as applied. All attornies involved in this case will meet tomorrow morning. 4) With respect to the Cooper Case, the discrimination charges brought by a bus employee against the City, Law Director has filed a motion for summary judgment on the basis of res judicata, claiming this has already been adjudicated in the State courts with respect to unemployment compensation and collateral estoppel. The Judge did not rule favorably but did, in the opinion, indicate that the City was not pre- cluded from filing an additional motion for summary ,judgment based on the record. Law Director is preparing this motion and there is a pre-trial this month. 5) In the past week, has worked with Budget and Management Director Logan with re- spect to the Rhinelander Case. City is attempting to collect some additional tax liability. Director Logan has contacted RITA; Law Director hopes to be in contact with RITA also to either have them bring the litigation or he will do it himself. Safety Director Petre reported: 1) As per Ordinance No. R3-122, advertised for the painting and repair of the 1968 American LaFrance aerial truck in the Fire Department. Received two bids which were opened on December 22nd. Carnegie Body Company bid was $14,450.24 Brom Truck, Incorporated bid was $9,609.60. Before the bids go to Board of Control, with recommendation, Safety Director will discuss with Mayor and Finance Committee of Council. Audience participation: Mrs. Bev Ingram, 26936 Sweetbriar Drive, stated and explained why she felt that the intent, meaning and letter of the City Charter had been violated by the action of Council in the replacement of the [lard 1 and Ward 2 Councilwomen, not only by Mrs. Saringer but by the Council President. Mr, Greg Litchko, Rini's Supermarket attorney, stated that he hoped the new members of Council, as well as the veteran members of Council, would follow the advice of Law Director Gareau and over-rule the action taken by the Planning Commission re- garding the Rini facility addition. Mrs. Lemma Szabo, 30837 Bradley Road, asked if she could receive copies of all legis- lation introduced before Council in order to keep abreast of current issues. Council advised this would be prohibitive, however, specific legislation shown on the agenda could be obtained in the Clerk of Council's office. LEGISLATION: Ordinance No 83-149 introduced by Mr. Wilamosky was given its second reading. An ordinance establishing the compensation to be paid to all hourly employees employed by $ie North Olmsted Municipal Bus Line, and declaring an emergency.