06/04/1996 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 6/4/96 ,,~ 5) The Law Department will be filing a motion to dismiss the case of Sammon vs. the City ,.,,~ of Westlake and the City of North Olmsted. This lawsuit involves a person who was riding a bicycle in North Olmsted near the Westlake border. Westlake was doing repair work and had put down a substance to stop dust. Some of the substance blew onto the North Olsmted street, and the person fell while riding his bicycle. Mr. Sammon's attorney dismissed the lawsuit because they were not ready to try it. He dismissed it before the Statute of Limitations ran. The law allows a one year grace period; but, if the Statute of Limitations runs in the meantime, the time to refile is only as long as the Statute of Limitations is from the date that the case was dismissed. This was not done, so the city will move to dismiss the lawsuit as it is outside of the Statue of Limitations. 6) A letter has been sent to the Westlake Law Director regarding the cleaning of the Ehle Ditch. Natural obstructions that the City of Westlake are permitting to grow in the ditch are obstructing the flow of water from North Olmsted through Westlake. Hopefully, this will not have to involve litigation; but, if so, we do have a proper basis for legal action. The Westlake Law Director was very receptive and indicated that we should meet with the Law Department and the City Engineer. Unfortunately, as of this date, all that has been received from the Westlake Engineering Department is: "We don't want to do anything about it, and that's just too bad." We feel the City of Westlake has a legal obligation to maintain the Ehle Ditch and to permit the water to flow from the City of North Olmsted through the City of Westlake. 7) Spoke to the legal counsel for the Fraternal Order of Police concerning a pending grievance. Former Officer Powers resigned from the Police Department about January 3, 1996, and the city refused to give him his uniform allowance for the year of 1996. As a result, the FOP has filed a grievance asking that the city be made to give him the allowance even though he is no longer a police officer. Finance Director Burns: 1) Today, the draft of the annual information statement was completed and it will go to the printer later this week. 2) The $42,435,000 notes will be priced on June 11 and will close on June 19. The $175,000 EPA judgment note will be paid off at this time. In December, when the forty- two million dollar notes are paid off, an additional $310,000 of notes will be retired. 2) Income tax collections through the month of May are running approximately 4% ahead of projections, about $35,000. Mayor Boyle: 1) On Monday, June 10, NOMBL will begin a new daily route between the hours of 9 a.m. and 3:11 p.m. Route 42 will link Great Northern Shopping Center to the Promenade in Westlake and will provide service to Bay Village. This new route changes our peak to base ratio and gives NOMBL more financial stability. 2) There have been several promotions in the safety forces. Last Friday, two Fire Department officers were sworn in: Lieutenant Ciarrone and Captain Hohenfeld. On Monday, Police Sergeant Wallings was sworn in. 3) Mr. Wilhelm of the State Auditor's office has notified the city that the 1995 audit will begin on July 8, 1996 and will probably be completed in August. 4) The Ohio Public Works Commission has awarded the city $376,325 for the Beech- Carla sanitary retention system work. 2