06/07/2005 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 6-7-2005 important U. S. Supreme Court case in the area of takings and jurisprudence. Over the years, the Ohio Supreme Court has incorporated a certain standard that the U. S. Supreme Court established indicating that a property owner is entitled to just compensation for a city's or any public agency's regulations if they either deprive the owner of economically viable use of his property or they don't further legitimate government interests. It was always a concern for the municipal lawyer. But the U. S. Supreme Court has finally got it straight as it indicated the only way that a property owner is going to be able to recover on a takings basis against the city is by showing that it was a physical invasion of property or that the regulation deprives the owner of all economically viable use of his property. This comes too late for the Parcel E case, but it is a very good decision. He expects the Ohio Supreme Court to follow suit because their decisions in the Goldberg and Shemo cases were based on a federal decision. 6) May 25, he attended a meeting of the city records commission, last chaired by the Safety Director. The Personnel Director will be the new chairperson of that committee. 7) May 26, he met with the F.I.R.S.T. officials (First Integrated Regional Senior Transportation) to discuss the lease of the city's property on Butternut Ridge Road. 8) On May 26, Assistant Law Director O'Malley attended a unfair labor practice trial in Columbus that has been submitted to the judge. A decision is not expected for several months. 9) May 26, he attended a Charter Review Commission meeting. That body is concluding their work and will soon be submitting their recommendations for Charter amendment proposals to City Council. 10) June 1, he met with the North Olmsted Schools officials regarding possible prosecutions of non-resident parents who aze allegedly sending their children to North Olmsted Schools. This would be an abuse of city tax dollars by educating children from other communities. After discussing this with the Mayor and members of the administration, he has advised the school officials that the city certainly will support those efforts by the school if they bring a good case to the Police Department. This is basically a theft offense. 11) On June 3, the city's insurance defense counsel filed on answer in a slip and fall case, Staskus vs. Devries. Finance Director Copfer: 1) The capital improvement bond anticipation notes sold today. The $2,990,000 issue sold at a rate of 3.15%. The tax levy notes for the remaining $500,000 for the fire construction sold at a 3.75% rate. The issuance costs of the capital improvement notes, being non-voted, are paid for out of the amount of the principle that is borrowed. With tax levy notes, the entire amount is spent on the construction. Therefore, the issuance cost gets paid for by paying a premium to investors by enticing them by paying a higher rate of interest. That is why the fire station notes have a higher rate than the other notes. 2) She recommended to and discussed with the Mayor and the Personnel Director a comprehensive travel reimbursement policy. The administration agreed to propose it, and it is before Council tonight for first reading. It is important to provide consistency to all departments and division heads when travel is involved for city purposes. Currently, it is on a department by department basis, except for mileage reimbursement. 6