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<br />Council Minutes of 2/19/85 -6- <br />Mr. Wilamosky asked Mayor Swietyniowski how negotiations were progressing <br />regarding the sewer rates for the City of Fairview as well as the Township. <br />Mayor replied they are coming along but would prefer to discuss the matter <br />in executive session. Mr. Wilamosky questioned the reason for a holdup in the <br />negotiations. The City of North Olmsted received the grant, the new treatment <br />facility is under construction, and North Olmsted residents are paying a rate to <br />compensate for that construction. Fairview Park and the Township are not paying <br />a fair and equitable share even though they were a party to the improvements and <br />are obligated under the grant. If there is a problem, perhaps the Mayor should <br />contact EPA and have them get Fairview and the Township to pay their fair share. <br />Law Director Gareau stated there are two aspects to the agreement: one deals with <br />operation and maintenance and that is what EPA is concerned with. The other deals <br />with capital expenditures and debt service and EPA is not concerned with that. <br />The facility is still under construction; has not been put into service; City does <br />not have any operation and maintenance as yet and still has, until completion of <br />the facility, time to work out the agreements. <br />Mr. Bierman noted that some time ago there were a number of articles in the media, <br />including comments from Fairview Park councilmen, that North Olmsted had caused an <br />expense to Fairview Park, that they lost money in the grant, because of North <br />Olmsted's negligence. Mayor replied that these things are all under discussion. <br />There is nothing to the rumor of North Olmsted missing deadlines or not applying <br />during the proper times. The City of North Olmsted does have an existing contract <br />with both Fairview Park and with Olmsted Falls. Mr. Bierman stated they he had <br />not noticed any rebuttal in the newspapers in regard to the statement that North <br />Olmsted had alledgedly caused the loss of money or had the wrong application date <br />on a grant. lriayor Swietyniowski stated that North Olmsted had missed no dates or <br />anything like that. We would not have received the grant in the first place if <br />we had missed the date, therefore no rebuttal was necessary. <br />Mr. Bierman asked Law Director Gareau if any more lawsuits had been brought against <br />the City. Law Director advised that there had not. The good news is that the <br />Supreme Court of the State of Ohio has determined that failure to act on a sub- <br />division approval is a governmental function for which there is governmental immunity. <br />Mr. Talton scheduled a BZD Committee Meeting for Thursday, February 28th, at 7:30 P.M. <br />President Boehmer thanked the residents for their attendance at tonight's meeting <br />and stated that they would continue to be ~velcome in the future. <br />There being no further business, President Boehmer adjourned the Council Meeting at <br />9:35 P.M. <br />~.. <br />Florence E. Campbell, Jerk of Council A.-°'NJ es D. Boehmer, President of Council <br /> <br />