08/18/1998 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 8/18/98 4) A brief has been filed in opposition to a motion to dismiss filed in Common Pleas Court ~,_ by the owner of Parcel E. The motion was filed by the owner after Judge Cravens declared the city tree ordinance unconstitutional in the Rocky River court proceeding. 5) A hearing regarding the Chamber of Commerce case will be held next Tuesday. The case is still in the discovery stage, and the depositions and motion deadlines will be set at that hearing. Finance Director Copfer: 1) Last Tuesday she attended a required continuing education seminar sponsored by the office of the State Treasurer. The topic was public funds management, and the seminar is an annual requirement for people who invest public money. 2) The 1997 audit has been narrowed down to three issues which are pending further analysis by her and the auditors. Once resolution is made on these issues, she will feel the appropriate level of comfort to sign the attestation and issue the 1997 annual information statement. That document will facilitate the borrowing. 3) Early last week she authorized a temporary advance of unappropriated funds to let the contracts for the fuel tank project and Brookpark Phase 1. These were both awarded by the Board of Control nearly 60 days earlier. They both required commitments for completion by the end of 1998 or, in the case of the fuel tank project, we would have been subject to EPA fines. For Brookpark Phase 1, we would have lost the grant. However, she could not temporarily advance the sum needed to let the slab repair contract, which until yesterday was the only contract that she was holding. This was awarded by the Board of Control on July 7, 1998 and is nearing the 60 day mark. She knows there are concerns regarding the borrowing, in particular the contract for slab repair and street lighting. Specifically, Council's phone calls to her voice concerns on the tardiness of beginning this project and how it can be done when school is starting. Council is also concerned regarding the promises that were made to residents by them and the administration. However, she also made promises to residents. They elected her to be fiscally responsible, and she is carrying out their expectations by waiting for closure in the 1997 audit before making statements to investors on 1997 and projects for 1998 using interim financial information. She also has had questions whether, because of the lateness of starting this project, should we not do slab repair. That is not for her to decide. Council should let her know their decision because with the wording of those notes, we can borrow all of it, none of it or some of it. 4) Ordinance 98-93, before Council this evening for first reading, amends the appropriation ordinance for the Alcohol Education, Law Enforcement and Drug Enforcement Fund. These funds must be used for specific purposes. Not originally in the appropriation were two of these funds, and one was included as an estimate, which were both oversights on her part. Chief Ruple stated that past practice has been not to appropriate expenditures out of these funds. She did not verify this to be true or not, but regardless feels it is proper to appropriate all funds. She would ask Council to consider passing this on suspension after a committee meeting and after the second reading. Mr. Nashar asked Finance Director Copfer if there were any type of funds that could be released to begin the slab repair projects because we are getting very late in the 3 4.~ ~~~,..~--r~~~,_...~, ,_~~w~b~„~... _, -~~. _ .