09/02/1986 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 9/2/86 _3_ Law Director Gareau reported: 1) The Cooper Case has been reversed in part; also it was remanded in Bart; city is back in District Court. Pre-trial will be held on Friday for the purpose of determining where it goes from here. Basically, the Sixth Circuit has given the judge certain guidelines which she must follow when evaluating certain aspects that remain in this case. 2) A decision has come down in the Corrigan Case, basically stating that those directors and a number of other employees that would be affected, lose the right to their office upon the cessation of the term of the person who appointed them. Feels this is significant, not only with respect to having the court recognize the city`s past practise but also its interpretation of the city charter. There had been some confusion as to whether or not the charter was ambiguous with re- spect to this issue; when the Supreme Court of the Sate of Ohio interpreted the charter the same way as the City of North Olmsted has, feels there is no longer any ambiguity. This decision will have an affect on one pending case for the City of North Olmsted and has also had an affect. on our sister city of Westlake which had a similar problem. Is delighted with the decision. Finance Director Boyle reported: 1) Had hoped to have a report on the new income tax bill that came out of the joint committee this month. In talking with Squire, Sanders and Dempsey, there is so much to it, does not think Congress altogether knows what they passed, much less the attorneys who are now studying it. Hopes to be able to present a written report later. Certain things are going to have an adverse affect on municipalities as well as the state. Had this passed three years ago, the sewer rates would probably be $3/$4 higher, per thousand cubic feet, be- cause it would have killed the city's arbitrage entirely. There is a certain type of reverse revenue sharing involved that will actually penalize the city if it invests well. Things like this have to be discussed in considering bonds and notes and other borrowings in the future. As far as municipal income tax, because of all the new construction, it is up somewhere around 187/197 above last year, which is higher than anticipated. It's about the tenth highest percentage in all the Regional Income Tax communities. 2) Has received an amended certificate; this one in addition to the one received just prior to council's vacation. The amended certificate says the city's appropriations are within its means. Mr. Lackey, Chairman Intra-Governmental Relations and Legislation Committee re- ported: 1) Committee discussed Ordinance No. 86-67 concerning the Butternut Ridge Road Historic District at its July meeting. Besides the committee members, Councilmen O'Grady and Tallon and Sharon Fleming, the Chairman of the Landmarks Commission, were in attendance. Basically, the committee favors this ordinance to encourage maintenance of the older homes in this section and discourage de- terioration. This does not give the Landmarks Commission any authority or power over the homeowners as far as telling them what they can or cannot do with their homes. The only authority the Landmarks Commission has is that if the home is currently a landmark home or an historically plagued home, and any changes are made to the home, they can take the plaque away. Commitee supports this ordinance. 2) Moved that Mr. Robert Grace be appointed to serve on the Board of Zoning Appeals, second. by Mrs. Saringer, unanimously approved. Mrs. Saringer requested the Mayor to swear Mr. Grace into office prior to the Zoning Board of Appeals' meeting tomorrow night. Mayor Petrigac agreed to do so. Mr. O'Grady, Chairman Public Safety, Health and Welfare Committee reported: 1) Moved Council have no objection to the issuance of a D5 liquor permit for Ribs West Company, dba Tony Roma's, A Place for Ribs, 26092 Great Northern Shopping Center, North Olmsted, Ohio, second by Mrs. Saringer, unanimously approved.