06/03/1986 Meeting Minutes - Laserfiche WebLink

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~ Council Minutes of 6/3/86 -2- Mayor Petrigac reported: 1) Letters have been forwarded to seventeen members of the Environmental Commission stating the city's support for the reorganiza- tion of the Fair Water Act; will furnish copies of same to council. 2) Attended a meeting last week in regard to the Slivka Case; Law Director Gareau will report out on what role the council will play in this matter. 3) First Concert in the Park will be given Sunday, June 22nd with the Ohio Bell Chorus singing at 7 o'clock; everyone is welcome to attend. 4) Would remind everyone that June 14th, Saturday, is Flag Day; hopes to find everyone displaying the flag on this day. Law Director Gareau reported: 1) With respect to the Slivka Case, the City of North Olmsted, on an involuntary basis, became involved in a law suit with the City of Cleveland in the regionalization of the whole water district. Initially, council passed a resolution to participate monetarily in the case, even though it was an involuntary defendent. The passed resolution paid Mr. Slivka, Seven Hills Law Director, the sum of $2,500, the amount initially stated as North Olmsted's cost. About three years later, North Olmsted was billed for an additional $7,500; council rejected this bill. The matter has subsequently been kicked around for the past six or seven years. Law Director will appear in court next week to answer the question of why the city has not paid the $7,500. Mr. Gareau explained to the Mayors' and Managers' Association that the City of North Olmsted had no agreement to pay an additional $7,500. Will attend the hearing and voice the city's objections. 2) If council will recall, Kenny Kings, the City of North Olmsted and the Mahoneys were involved in litigation. At the request of the Law Director, council did approve the Kenny King plans so the mechanism was set in motion to have the permits issued despite the fact there was a law suit. In court today, Law Director was advised that a preliminary judicial title report was obtained by the Mahoney attorney and the title report indicates that there IS an easement in the chain of title. Feels within the next week the case will be dismissed. 3) With respect to the Zurawski Case, have received the decision on the Common Pleas Case, which was in the Eighth Appellate District and the city has won the case; the lower court was sustained; does not expect this case will be appealed. 4) Have had a pre-trial in the Tudor Insurance Case; city had filed a law suit against the Tudor Insurance Company for failing to defend the city in the Zurawski Federal Court Case, which the city also won a couple of weeks ago. Will hold off for thirty days to see whether or not Zurawski plans to appeal the Federal Case; after the thirty days will present a settlement agreement to council and have this case settled. They are willing to pay the city a nominal amount of money, particularly the money it has cost the city to defend. 5) Had conversation today with the insurance company representing the city in the Crumbley Case. There are a couple of pending motions that the court has not ruled on; court does not anticipate ruling on these before the 6th of June, consequently, the insurance company is going to file an appeal before Friday. This will be appealed into the Sixth Circuit. 6) When the Mayor and Law Director were in Washington, it was brought up to the Cuyahoga County Delegation of Mayors and Public Officials, that there is an insurance crisis. Bay Village's insurance has doubled; the same thing has happened to North Olmsted. This month's issue of Cities and Villages. has an article dealing with self-insurance aspects; suggests to the President of Council that this issue be studied by the Finance Committee. North Olmsted is self-insuring now but has no funds as far as a loss reserve is concerned; have a $50,000 deductible. Would like the council to explore the possibility of utilizing the Council of Governments to see whether North Olmsted can become involved with them - explore just the admin- istration of the city's program or explore self-insuring with a large group of perhaps five communities and their school districts, if deemed advisable, so there is a broad base. .in~.eay..e-: gpWB9,gaMMr~x..w~ ~,.~ec?4?M[+Mr'la?'n4~Rfrei*dwE+ar~`n<