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Council Minutes 1/18/2000 <br />settlement, but he would not recommend it. He plans on filing an appeal and vigorously <br />pursuing that. If the judgment is reversed and the Biskind group attempts to take it to the <br />Supreme Court in the State of Ohio, he would vigorously defend the city in that regard <br />and beyond. He thinks the city is absolutely correct in this situation. Although he was <br />disappointed in the judgment, it wasn't unexpected. The Law Department will pursue the <br />appeal by preparing the briefs. It typically takes probably about a year before those <br />issues are resolved. Frankly, he looks forward to representing the city in this appeal. <br />President Saringer asked if there was a possibility of individual Council members being <br />sued with regard to the Parcel E issue. Law Director Gareau said Council has absolute <br />immunity. Zoning is legislative, and there is no cause of action for failing to legislate the <br />way somebody wants you to legislate. Mr. Nashar said he hoped the judge realizes the <br />impact of the vote when over 70% of the people voted no on the question of additional <br />retail on this property. Law Director Gareau said that obviously the judge who decided <br />this case did not have the same appreciation for the vote of the North Olmsted citizens as <br />Mr. Nashar has. He noted that the appellate court consists of three judges. <br />Finance Director Copfer: 1) The worker's compensation forms for fiscal year 2000 have <br />arrived. North Olmsted will be receiving a 75% credit, along with all other <br />municipalities in the public sector. This will be a substantial saving for the city. <br />2) The police and fire pension reporting model is in its testing phase with actual data. <br />Thank you to computer technician Amy Cornish for the design modifications and to Lee <br />Gerber from the Fire Department in the testing phase. <br />3) State Substitute House Bill 477 was introduced and passed by the House of <br />Representatives. Some of the bill's shortcomings were discussed before the passage, and <br />are up for amending in the Senate. She will forward a copy of the bill to Council and the <br />administration for review. <br />4) The State Auditors will begin preliminary field work on January 24 for three to four <br />weeks in order to meet our June 30 comprehensive annual financial reporting deadline. <br />Mrs. Kasler, chairperson of the Intra-Governmental Relations and Legislation; Long- <br />Range Planning Committee: 1) The Mayor has provided Council with the names and <br />biographical summaries for the proposed nine appointees to the Charter Review <br />Commission. Mrs. Kasler made a motion that Council approve the Mayor's <br />recommendation to appoint the following individuals to the Charter Review Commission: <br />Ray Ross, Don Machovina, Tom Dubowski, Maryellen Davis, Ann Shook, William <br />Kelly, Gretchen Schuler, Jacgi Templeton, Henry Kleinhenz. The motion was seconded <br />by Mr. O'Grady and unanimously passed. <br />Mr. O'Grady, chairperson of the Public Safety, Health & Welfare Committee: 1) The <br />committee met jointly with the Finance Committee on January 11. Present were <br />chairpersons O'Grady and McKay; Council members Gareau, Kasler, Limpert, Miller <br />and Nashar; Mayor Musial, Finance Director Copfer, Service Director Bohlmann. The <br />committee discussed Ordinance 2000-5 which authorizes the Service Director to <br />advertise for bids for the construction of street lighting at various locations of the city. A <br />proposed list of streets was presented to Council by the Service Director. The list <br />2 <br /> <br />