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4/21/2020 Meeting Minutes
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4/21/2020 Meeting Minutes
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North Olmsted Legislation
Legislation Date
4/21/2020
Year
2020
Legislation Title
04-21-2020 Meeting Minutes
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I will be filing a civil against the Westbury Apartments. We've been dealing with them in Rocky River Court on property <br />maintenance for years regarding the decaying condition of the facade of the building . I believe that they have been <br />slow to address ongoing concerns and, just a few weeks ago, a very substantial portion of the building failed and fell to <br />the ground. Luckily, nobody was injured. The issue needs to be brought to the attention of a judge in Cuyahoga County <br />Court of Common Pleas because it is a matter of significant public safety. That Complaint has been drafted. <br />Concerning the COVID-19 crisis, we continue to monitor advisories as they come in and developments as they occur. A <br />number of law firms that we have relationships with are offering daily summaries of events on a state and federal level <br />and we are participating in those summaries. Additionally, several weeks ago I initiated an inquiry into whether we <br />have insurance coverage for "business interruption" at Springvale and the Recreation Center (we do) and was advised <br />that communicable diseases are excluded from coverage. Also, I offered guidance to the Administration on the <br />application / consequences of the recently — enacted Emergency Paid Sick Leave Act and the Emergency Family and <br />Medical Leave Expansion Act. <br />Regarding the list of questions from City Council, I can address several of those: <br />(1) Question No. 3 under Finance Related Questions: Is there currently an expectation of additional borrowing need <br />to compensate for loss of city tax revenue? A: Municipalities in Ohio are not permitted to borrow for general <br />operations. There is a discussion in Columbus involving, among others, our bond counsel John Larson with <br />Squire Patton Boggs, about a bill to change that restriction due to this current crisis. Nothing has happened as <br />of yet. <br />(2) Question No. 5 under Finance Related Questions: Any Information regarding Federal (i.e. NIH, EPA, CARES ACT, <br />etc.) or State Action to help cities through this process? A: The CARES Act provides, among other things, local <br />governments with 500,000 or more residents access to $150 billion in funds. North Olmsted obviously does not <br />qualify. However, according to Congressional Rep. Anthony Gonzalez, pending H.R. 6467, the Coronavirus <br />Community Relief Act, could provide $250 billion in direct local funding to local governments smaller than <br />500,000 to offset lost revenue due to the pandemic. The future of that bill remains uncertain at this <br />time. Additionally, according to the National Conference of State Legislatures, as of April 16, 2020, 27 Ohio bills <br />have been introduced in response to COVID-19. None of them appear to address local funding emergencies. <br />(3) Question No. 6 under Finance Related Questions: In looking ahead to elected official's potentially reducing <br />salaries if needed, it was said that nothing can be done in the current term. Is there any legal options or <br />strategies that could be implemented to allow for this in the next years if necessary? A: The Charter Art. IV, Sec. <br />6, provides: "The compensation of all elected officials shall be fixed at least thirty (30) days prior to the filing date <br />of nominating petitions for the terms beginning on the next succeeding first day of January, and shall not <br />thereafter be changed in any respect during any such term or part thereof." City Council usually adjusts the <br />salary ranges in the early part of the election year. Next year, it will establish the salary for Mayor, Directors of <br />Law and Finance, the President of Council and the four Ward Council seats, for the four year terms starting in <br />2022. The Council can set those salaries as it sees fit. I do not believe that there is anything legally stopping a <br />voluntary reduction of salary, on an individual basis, in the year 2020 and 2021. <br />Thank you for the opportunity to share this update with you. Please feel free to contact me with questions. <br />Michael R. Gareau, Jr. <br />The Gareau Law Firm Co., L.P.A. <br />23823 Lorain Road, Suite 200 <br />North Olmsted, OH 44070 <br />440-777-1500 <br />440-777-0107 F <br />
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