04/16/2002 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 4/16/2002 u~ 7) On April 11, he and Assistant Law Director O'Malley attended a meeting of the ,,; County Law Directors Association. One subject that was discussed at that meeting was the Shemo N case, which he plans to discuss with Council in executive session. Also discussed was the Dublin case out of Franklin County Common Pleas Court. It's a very important decision as the court in that case declared unconstitutional the state statute which limits municipal corporations from charging fees for the use of the right-of--way. This is a very big topic in the state. The General Assembly already has responded to that decision. There is pending legislation in the General Assembly to deal with one of the issues upon which that particular judge declared the statute unconstitutional, the single subject rule However, the judge also declared it was a violation of bonne rule. That is sort of a wait-and-stay-tuned type of decision. We will have to see what happens when it gets into the Court of Appeals. 8) The Law Department received notice from the attorney for the plaintiff in the Csire vs. Diversified Developers and North Olmsted case that he has voluntarily dismissed the case. This was strip-and-fall case at Great Northern Plaza North. He had spoken with the plaintiff's attorney in November and requested that he voluntarily dismiss the city out as there was no reason for the city to be involved in the case. The case entirely has been dismissed. 9) On April 15, he provided Council Member Miller with legal opinion No. 11 dealing with the subject of administering oaths of office. Finance Director Copfer: 1) Last week the Bureau of Workers Compensation was here to perform an audit of our premium payments for the last two years. Since they collect a year behind, that refers to 1999 and 2000. We will receive the results of that audit shortly. 2) She attended apre-audit conference with the RTA auditors who expect to begin by the end of this week. As usual, they are looking forward to auditing the North Olmsted Municipal Bus Line because everything is always in excellent shape as far as the accounting is concerned thanks to Mr. Terbrack. Councilman McKay, chairperson of the Finance Committee: 1) The Finance Committee met on Tuesday, April 9. In attendance were all committee members, all Council members, Mayor Musial, Finance Director Copfer, Service Director Thomas, City Engineer Deichmann and several guests. Agenda items were as follows: • Ordinance 2002-48, an ordinance designating the revenues derived from the collocation of Sprirncom PCS on the AT&T monopole at Clague Park. This ordinance would divide the down payment received from Sprint providing for 25% going to the economic development fund and 75% of the down payment going to other revenues to be used in the recreation fund. It is Council's desire that the funds go to the recreation fund to be used throughout the city for the parks or whatever needs they have. The committee recommended approval. • The capital improvemerns for the year 2002. Mayor Musial proposed splitting the borrowing for capital improvemeirts by borrowing $2,315,000 in 2002 and $b85,000 in 2003, averaging $1.5 million per year. The conditions of the streets to be repaired was discussed and reviewed. Citizens from the North Park developmem and Brendan 4