02/16/1988 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 2/16/88 -2- 7) Mayors and Managers have put together a Task Force to study several proposals regarding its appointments to the RTA Board; Mayor will be serving on this Task Force. Has a copy of the report regarding MacKenzie and Company and their rec- ommendation; anyone is welcome to stop into her office and examine it. 8) Senate Bill 336, the gun bill, passed the senate 21 to 9 and is now before the house. 9) Some communities will be using credit cards from major oil companies; they could have the discretion not to impose tax on a municipality's purchase; will be carefully watching this new, innovative idea. 10) Report has been received from GallagheriBassett regarding safety procedures throughout the city; copies have been forwarded to all directors; will be meeting with department heads to discuss some of the excellent suggestions. 11) Mayor has also been receiving letters regarding Country Club and Great Northern intersection; believes Councilman O'Grady will be reporting out on this situation. Mr. Wilamosky stressed that after review of the preliminary draft, before the administration goes back to RTA for final sign-off on a legitimate agreement, that it be brought to council for examination and discussion and positive input. Law Director Gareau reported: 1) There has recently been a good deal of activity in the area of personal injury cases. Cavanaugh versus the City of North Olmsted deals with the operation of the Bus Line; letting a person off the bus who was intoxicated and he was subsequently run over and killed by a motorist. It is a wrongful death case. City had initial denials by the insurance company as far as liability is concerned. Law Director feels there is a good basis for indicating that the City of North Olmsted does have coverage. 2) Another case dealing with the Bus Company is a $75,000 claim which pre-dates the agreement by RTA to take on defense of these cases. Law Director believes there is coverage and there should not be a problem. 3) A number of years ago, there was a case where a city snow plow bumped into a city bus and did damage; Law Department thought the two insurance companies had resolved their problems. It now appears that the city is back in the law suit whereby one insurance company, who paid the city for the damage, is now trying to subrogate RTA's rights and collect back the money that was given the city. 4) Is currently preparing the reply brief in the Cooper Case. 5) Is in the process of preparing a brief, in the Romp Case, in support of juris- diction, with the Supreme Court of the State of Ohio. 6) Another personal injury case deals with a fall on a sidewalk, O'Leary versus the City of North Olmsted. 7) A motion to stay execution of sentence has been filed on behalf of Nightfall; in essence, city has asked that Nightfall be found in contempt and they, in turn, have asked to stay the court order pending an appeal. 8) Has prepared and is ready to file, within the next few days, a law suit against a person on Stearns Road who built a garage in violation of city ordinances; he was found guilty in Rocky River Municipal Court; he came back to the Board of Zoning Appeals in an attempt to get a variance; the variance was denied and the city is now asking for a mandatory injunction to have the building removed. 9) Yesterday, attended a Municipal Law Workshop dealing with subjects such as zoning, drug screening and a number of other subjects. One thing that came up had to do with the gun bill. Feels council should look at this since the state legislature is attempting to take away the local authority's ability to regulate. Perhaps after looking at the issue, council could pass a resolution urging the Ohio State Legislature to defeat the proposed bill because it really does take the authority away from local municipalities. In another issue, the state has also preempted the field with respect to chemical spraying.