01/17/1995 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 1/17/95 4) A study of 1993 and 1994 NOMBL vehicle accidents revealed that all accidents a u: invohting vehicles and passengers were down. In 1994, there were only 28 vehicular and 21 passenger accidents, which is extremely low considering the number of miles traveled in a year. During the Christmas season, NOMBL collected coats and donations for needy families. Law Director Gareau: 1) It was previously reported that a lawsuit was filed against the city by Police Officer Hughes regarding destruction of certain internal affairs records. Another lawsuit has been filed by the same officer dealing with a 1993 action. A motion for summary judgment has been filed for this lawsuit because the Statute of Limitations is one year and the record was destroyed in August of 1993. 2) During the past several months, the Law Department has been kept busy preparing briefs in criminal appeals cases. The Prosecutor does not have the staff to handle this work. 3) The Eliza Jennings case will be argued before the Court of Appeals on February 6, 1995. The issue yet to be resolved is whether North Olmsted can collect interest on the debt. This case has a long and unique history having gone from the Court of Appeals to the Supreme Court to the Common Pleas Court to the Court of Appeals to the Common Pleas Court to the Court of Appeals. When the case was before the Ohio Supreme Court, that court indicated the amount that should have been paid by Eliza Jennings. Even though that was not a judgment, it is our position and we have so argued in the Court of Appeals. When the case was before the Court of Appeals the second time, that court indicated that the issue had already been litigated by the Supreme Court and that in essence constituted the judgment entitling the city to receive interest from the date the case was heard in the Supreme Court. The interest could potentially be almost as much as the original bill of $103,000. 4) The case dealing with the denial of a position in the Building Department was supposed to go to trial today but was continued. 5) Resolution 95-9, which is on tonight's agenda, involves a medical claim under the city's hospitalization coverage concerning the Council President's wife. The Law Director felt it would not be proper for him to handle this litigation, and City Council authorized the use of outside counsel. The proposals regarding this issue were discussed in executive session, and Council came to a consensus which was passed on to legal counsel to resolve the issue. The issue was resolved with the understanding that nothing would be paid out until this year. It is now time for Council to follow through on its commitment to resolve this dispute. 6) The Law Director wished Mrs. Bahas the best of luck on her retirement and said that he had enjoyed working with her. Finance Director Burns: 1) In preparation for the yearly appropriation process and determination of capital requirements, the Finance Director has conferred with bond counsel and the underwriters to discuss a timeframe for issuing notes. The timing of the note sale will probably be toward the end of May to allow for the preparation of an official statement and to determine the outcome of the vote on annexation of Olmsted Township. Under new rules to be put into effect in July by the Securities and Exchange Commission, 2