01/16/1990 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 1/16/90 -2- Law Director Gareau reported: 1) Has received a favorable decision in the Faughender Case which has been pending for the last four years. The liti- gation in Federal Court was decided favorably on behalf of the city. 2) With respect to Police Officer Butera, one civil service matter is on hold but Mr. Butera has filed three civil rights cases, one dealing with discrimination against the handicapped; claiming he was handicapped. The other two deal with the issue of retaliation because of his reporting to the State of Ohio about the complaint regarding the handicap. Received notice yesterday that the city prevailed with respect to the issue of dis- crimination against Mr. Butera because of his handicap status. The Ohio Civil Rights Commission found no proof that he was handicapped and the other two cases are proceeding. 3) An action has been filed against the city by the Firefighters' Union, dealing with Off icer Smith who claims that because he served with the Ohio National Guard back in the 1960's, and the legislature passed an act in 1970 indicating that cities recognize prior state or municipal service in other communities for the purpose of determining what vacation time people are entitled to, that he is entitled. to something like eighteen years of vacation time. Law Department has filed an answer in this case; will proceed with litigation. 4) With respect to the Sunset Memorial Case, the Common Pleas Court had directed that the case be sent back to the Board of Zoning Appeals. Sun- set Memorial appealed that to the Court of Appeals and rather than just pro- ceed on the appeal, the Law Department filed a cross-appeal. 5) Law Director and the administration are currently in wage negotiations with the Fire Department. 6) As reported by Mayor Boyle, did meet with Fairview Park on the sewer agreement. 7) Last week, submitted a proposal to resolve the issues in the tap-in ban matter; is expecting to hear something from the Attorney General's office on this proposal within the next couple of days. Finance Director Burns reported: 1) Met with Fairview Park last night with respect to the sewer contract. While the original proposal called for a semi- annual billing for the OM and R charges, after the discussion last night, it appears that North Olmsted will be billing quarterly as opposed to semi-annually. Mrs. Beringer, Chairman Building, Zoning and Development Committee reported: 1) BZD Committee met last evening with all members present as well as Council- men Leonard and McKay, Building Commissioner Conway and Assistant Engineer McDermott. The following items were discussed: a. Rini Supermarket, 23100 Lorain Road, proposal for exterior renovation to existing building. Present office will be relocated to a new 80 square foot addition in order to install a new check-out station. Addition will be extended 4' 6" and will be 18' wide; will match existing building. In response to neighbors' complaints about various conditions on the property, Mr. Rini wrote a letter stating. conditions would be corrected to satisfy the neighbors. Mrs. Beringer moved council approve the above described ex- terior renovation to existing building, approved by ARB and Planning Commission, and also to include that "no parking" signs be posted on the fence and that violators would be towed in lieu of Planning Commission's suggestion that "no parking" be painted on the blacktop; also there is a letter from Mr. Rini agreeing to correct certain conditions, second by Mr. O'Grady, unanimously approved. Law Director Gareau suggested that the Clerk of Council direct the Building Commissioner to see that all promised corrections of current complaints are made as required by the ordinances of the City of North Olmsted.