08/07/2007 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 8/7/2007 the system and helped draw the specs for it and then bid on it. He does not believe the city can benefit from that. Any time you have somebody draw the specs that they are going to bid on, he would say they have a good chance of getting that job. He would ask the Mayor to consider withholding that contract. Law Director Dubelko: 1) Welcome back to Council. Congratulations to Council Member Michael Gareau and his wife Karla on the birth of their daughter Elizabeth. Congratulations to Council Member Nicole Dailey Jones and her husband Dan on the birth of their son Ian Gregory. 2) Regarding the award of the sound system contract to Paladin. Council Member Tallon came to him some time ago with concerns to make sure that we were bidding in conformance with the law. He looked at the bidding process and the contract very carefully. It's not contrary to law to allow a potential bidder to provide information into the design of the specifications. It simply is that you can't allow a potential bidder to design the specifications in a way that it precludes other competition. Oftentimes, bidding any contract, city officials have to go out and get industry information in order to assemble the specifications. He reviewed the bid specifications in this project very carefully. He reviewed the proposals of the bidders and asked questions of the city officials who were in charge of this bidding process. He is satisfied that the city followed the law in the bidding process and in the award of this contract. He certainly would not advise the city to attempt to set aside a contract that has been executed and which he believes has been legally entered into. 3) Civil litigation report from Assistant Law Director O'Malley on the Christopher Fox v. the Bureau of Workers Compensation case that is pending: a case management conference is scheduled for August 22 and discovery is underway. In the case of Szarka v. Board of Zoning Appeals, the record was transmitted by the Clerk of Commissions on July 2. The court did establish the following schedule: discovery due July 20, appellant's brief due August 20; appellee's brief due September 20; reply brief October 20. Case of Nancy Kovacic v. Cuyahoga County Dept. of Children & Family Services including also a number of named defendants, individual officers in the Police Dept. of the City of North Olmsted. Federal District Court granted in part summary judgment on behalf of the City of North Olmsted. The court eliminated by summary judgment all the claims of the plaintiff Nancy Kovacic against the City of North Olmsted, retained some claims by the two minor children against the city, but granted summary judgment in favor of the individual police officers on all the claims by all the plaintiff parties. So it is a partial victory as some of the claims were weeded out. It has been set for further mediation in October. 4) From the City Prosecutor for the months of June and July: in the month of June, 177 cases; 61 % traffic, 39% general; 0 trials. In the month of July, 189 cases; 69% traffic and the balance general offenses; 0 trials. 5) On June 21, he provided a memo to Councilman Ryan and Council on the subject of portable signs and regulation of that issue. In conjunction with that, he reviewed a draft and provided recommended amendments to proposed new changes to the temporary sign code. He provided those to the Planning Director, and she has met with her Zoning Code Committee. Hopefully, that will be moved along. Once that is in place, and assuming good enforcement, that will clean up Lorain Road a lot. 4