01/21/1992 Meeting Minutes - Laserfiche WebLink

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~. ., MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF NORTH OLMSTED JANUARY 21, 1992 Present: Council President Boehsner, Council Members Bahas, Lind, Musial, McKay, Nashar, Saringer. Also Present: Law Director Michael Gateau, Finance Director James Burns, Clerk of Council Barbara Seman. Absent: Council Member Leonard. Council President BoeYmer called the meeting to order at 8:00 p.m. in Council Chambers, 5200 Dover Center Road, North Olmsted, Ohio. Members of the audience were invited to join Council in reciting the Pledge of Allegiance to the Flag. The minutes of the meeting of January 7, 1992 were approved as written. President Boehmer armounced that Mayor Boyle was attending a convention in Washington, D.C. and would not be present. Law Director Gateau reported: 1) With regard to Fanta vs. the City of North Olmsted, an answer has been filed along with a motion for sunmary jud~nent. In addition, a counter-claim has been filed asking that the court issue a mandatory injunction requiring the property owners to disconnect the cxoss- connections that they currently have. Within the next few days, a Rule 11 Sanctions will be filed because the Fanta's attorney did not do enough research and made allegations that are not true. 2) A motion has been filed in the Court of Appeals to dismiss the Cater case because the subject matter of that action dealt with a member of the Civil Service Commission whose term expired on January 1, 1992. 3) The Civil Service rules and regulations have been reviewed and recommendations have been made to the Commission. Finance Director Burns reported: 1) Along with the Mayor, met with Squire, Sanders & Dempsey to discuss senior citizen housing and various methods of financing such a project. Of concern is the prohibition under Ohio law for the giving and lending of credit to a private entity. This would be an issue if a private organization were to construct the senior housing project using city funds, or if a private organization were to operate the center using city funds. This issue was further clouded last year with a Supreme Court decisiom that was contrary to the Constitution of the State of Ohio and to enabling legislation passed by the Ohio Legislature. 2) Also discussed with Squire, Sanders & Dempsey was the City's current debt, the rollover of notes, and the probability of going to bond with a portion of the notes this year. The problems with the timing of these projects, the question of maintaining the City's bank qualified status, and the necessity of conforming to the arbitrage rebate rules of the Internal Revenue Service were also discussed. These items will be on the agenda at the upcaning Finance Committee meeting. 1