2017.3.7 Appellee's Brief Filed Corrected Answer

NAILAH K.
BYRD
CUYAHOGA COUNTY CUERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Appeals
APPEUUEE'S BRIEF FIFED

March 7, 201714:15
By: SHANA SAMSON 0072871
Confirmation Nbr. 1006028
STATE OF OHIO EX REL. MORE BRATENAHL, ET AL. CA 16 105281
vs.
Judge:
VILLAGE OF BRATENAHL, OHIO, ET AL.
Pages Filed: 48
Electronically Filed 03/07/2017 14:15 / FILING OTHER THAN MOTION / CA 16 105281 / Confirmation Nbr. 1006028 / CLEJK
IN THE COURT OF APPEALS
EIGHTH APPELLATE DISTRICT
CUYAHOGA COUNTY, OHIO
STATE OF OHIO ex rel. )

PATRICIA MEADE ) Case No. CA-16-105281
)
Relator-Appellant, ) Trial Court Case No.
) CV-16-857888
vs. )
)
VILLAGE OF BRATENAHL, et al, )
)
Respondents-Appellees. )
CORRECTED ANSWER BRIEF OF APPELLEES VILLAGE OF BRATENAHL. et al.
Counsel for Respondents-Appellees, Counsel for Relator-Appellant,
DAVID j. MATTY (0012335) CURT C. HARTMAN

SHANA A. SAMSON (0072871) The Law Firm of Curt C. Hartman
MARK B. MARONG (0082865) 7394 Ridgepoint Drive, Suite 8
Matty, Henrikson & Greve Cincinnati, Ohio 45230
55 Public Square, Suite 1775 (513)379-2923
Cleveland, Ohio 44113 hartmanlawfirm@fuse.net
(216)621-6570
(216) 621-1127—Fax CHRISTOPHER P. FINNEY
dmatty@mhglegal .com Finney Law Firm LLC
ssamson@mhglegal.com 4270 Ivy Pointe Blvd., Suite 225
mmarong@mhglegal.com Cincinnati, Ohio 45245
(513) 943-6655
chris@fmneylawflrm.com
TABLE OF CONTENTS
Table of Authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii
Assignments of Error. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv
Issues Presented for Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v
Statement of the Case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Argument. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
I. Standard of Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
II. Law and Argument. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Conclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
TABLE OF AUTHORITIES
Page
Brewer v. Cleveland City Schools, 122 Ohio App. 3d 378, 701 N.E.2d 1023, (Ohio 1997). . . . . . . . 2
Berner v. Woods, 2007-0hio-6207 (Ohio Ct. App., Lorain County Nov. 26, 2007). . . . . . . . . . . . . 3
Brenneman Bros. v. Allen Cty. Cmmrs., 3d Distr. Allen No. 1-14-15, 2015-Ohio-148. . . . . . . . . . 6
Cincinnati Enq. v. Cincinnati Board ofEducation, 192 Ohio App. 3d 566, 2011 -Ohio-703
(Ohio Ct. App., Hamilton County 2011). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Dresher v. Burt (1996), 75 Ohio St.3d 280, 293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Dupler v. Mansfield Journal Co., 64 Ohio St. 2d 116 (Ohio 1980). . . . . . . . . . . . . . . . . . . . . . 2
Grafton v. Ohio Edison Co. (1996), 77 Ohio St.3d 102. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Harless v. Willis Day Warehousing Co., Inc. (1978), 54 Ohio St.2d 64. . . . . . . . . . . . . . . . . . . 3
In re Application ofAm. Transm. Sys., Inc., 125 Ohio St.3d 333, 2010-Ohio-1841,
§23, 928 N.E.2d 427. . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
L.J. Smith, Inc. v. Harrison Cty. Bd. of Revision, 140 Ohio St.3d 114, 2014-Ohio-2872. . . . . . . . . 4
Mahajan v. State Med. Bd. of Ohio, 10th Dist. Nos. 1 1A P-421 and 11AP-422,
2011-Ohio-6728. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Portage County Bd. of Comm 'rs v. City ofAkron, 109 Ohio St.3d 106, 2006 Ohio 954. . . . . . . . . . 9
Skindell v. Madigan, 2017-Ohio-398, 2017 Ohio App. LEXIS 406 (Ohio Ct. App.,
Cuyahoga County Feb. 2, 2017). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
State ex rel. Dunlap v. Violate Twp. Bd. of Trustees, 2013-Ohio-2295. . . . . . . . . . . . . . . . . 13,15
State v. Moore, 4th Dist. Adams No. 13CA987, 2015-Ohio-2090. . . . . . . . . . . . . . . . . . . . . . . 5
State ex rel. Cincinnati Enquirer, Div. of Gannett Satellite Info. Network. Inc. v.
Dupuis, 98 Ohio St.3d 126, 2002-0hio-7041, 781 N.E.2d. 163. . . . . . . . . . . . . . . . . . . . . . . . 5
& Accountable Gov’t v. Register,

State ex rel. Citizens for Open, Responsive
116 Ohio St.3d 88, 2007-Ohio-5542 (2007). . . . . . . . . . . . . . . ’. . . . . . . . . . . . . . . . 10,13
State ex rel. Hardin v. Clermont County Bd. of Elections, 2012-Ohio-2569,

972 N.E.2d 115, (Ohio Ct. App., Clermont County 2012). . . . . . . . . . . . . . . . . . . . . . . . . . . 4
State ex rel. Long v. Cardington Vill. Council, 92 Ohio St.3d 54, 2001-Ohio-130. . . . . . . . . 10,11,13
See State ex rel. Shafer v. Ohio Turnpike Com., 1 59 Ohio St. 581, 590,
113 N.E.2d 14(1953). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
State ex rel. VanDyke v. Pub. Employees Retirement Bd., 99 Ohio St.3d 430,
2003 Ohio 4123. . . . . . . . . . . . 8
Thomas v. Bd. of Trustees of Liberty Twp., 5 Ohio App.3d 265, 268, 215 N.E.2d 434
(7th Dist. 1966). . . . . . . . . . . ’. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
White v. Clinton County Bd. of Comm ’rs (1996), 76 Ohio St.3d 416. . . . . . . . . . . . . . . . . . 10,11
White v. Allstate Ins. Co., 8th Dist. No. 89316, 2008-0hio-140. . . . . . . . . . . . . . . . . . . . . . . 3
Ohio Attorney General Opinions
2011 Ohio Ap. Atty Gen. No. 38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,8
1980 Op. Atty Gen. No. 80-083. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,8
Statutes
R.C. 121.22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,5,10,11,14
R.C. 121.22(C).......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,10,11
R.C. 121.22(G)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
R.C. 121.22(G)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
R.C. 121.22(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,2,5
R.C. 149.43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
R.C. 507.04. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
R.C. 731.45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Ohio Rules of Civil Procedure
C'iv.R. 56(C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,4
Bratenahl Codified Ordinances
Section 121.08 of the Bratenahl Codified Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Appellant’s First Assignment of Error
The trial court erred in granting summary judgment in favor of Respondents-Appellees.
Appellant’s Second Assignment of Error
The trial court erred in denying summary judgment in favor of Relator-Appellant.
Appellant’s Issues Presented for Review
1. In conducting a de novo review of a trial court’s ruling on cross-motions for summary
judgment, a court of appeals may affirm the summary judgment in favor of the appellees,
reverse and render a judgment in favor of the appellant, or reverse and remand the case if
neither party as met its summary-judgment burden.
2. Pursuant to the Open Meetings Act (R.C. § 121.22), a statutory injunction shall issue
upon proof of either (i) a violation of any requirement of the Act; or (ii) a threatened
violation of any requirement of the Act.
3. A violation or threatened violation of the Open Meetings Act (R.C. § 121.22) occurs
when a public body conducts public business through secret-ballot voting.
when a public body fails to keep a full and accurate record of its proceedings, which
includes satisfying the requirement that meeting minutes contain sufficient facts and
information so that the public can understand and appreciate the rationale behind any
action of the public body.
5. Minutes of a public body are those that are approved as the minutes, no information from
additional extraneous sources.
6. A village council speaks only through its minutes or its written record of resolution,
directives, and action.
7. A violation or threatened violate of the Open Meetings Act (R.C. § 121.22) occurs when
a public body meets in executive session without satisfying the conditions precedent of
(i) the motion to enter executive session specifically stating the statutorily-permissible
purpose for the executive session; and (ii) conducting a roll-call vote on that motion.
when a public body fails to keep a full and accurate record of its proceedings which
includes setting forth: (i) the motion to enter executive session which specifically states
that statutorily-permissible purpose for the executive session; and (ii) recording the roll-
call vote on that motion.
vi
STATEMENT OF CASE AND FACTS
On January 25, 2016, Relators Patricia Meade and MORE Bratenahl (“Relator” or
“Appellant”) filed a one count Complaint in this action alleging that Respondents Village of
Bratenahl, Ohio, and councilmembers Mary Beckenbach, James F. Puffenberger, Erin E. Smith,
Geoffrey B.C. Williams and Marla Murphy (“Respondents” or “Appellees”) violated the OMA,
R.C. 121.22. See Pagination (“Pag.”), 1. The Village of Bratenahl is a non-charter statutory village
in Cuyahoga, Ohio. The Complaint requested injunctive relief pursuant to R.C. 121.22(1)
contending that the aforementioned Respondents violated or threatened to violate the OMA by
using secret ballots to conduct official business when electing the president pro tempore of the
Bratenahl Village Council on January 21, 2015. The minutes of the January 21, 2015 speak for
themselves and accurately reflect the proceedings of the meeting including the appointment of Mr.
Puffenberger as president pro tempore for the term ending December 31, 2015. See Pag. 17,
Exhibit A.
On April 21, 2016, after exchanging written discovery, Relators filed an Amended
Complaint adding three additional counts and naming Village of Bratenahl Mayor, John Licastro
as an additional named defendant/respondent. See Pag. 17. Count II of the Amended Complaint
requested injunctive relief pursuant to R.C. 121.22(1) contending that the Respondents violated or
threatened to violate the OMA by failing to keep and maintain minutes of the Finance Committee
of the Bratenahl Village Council that comply with the OMA for the meetings held on January 19,
2016, February 16, 2016, March 14, 2016 and April 18, 2016. See Pag. 17. The minutes of the
above-referenced meetings speak for themselves and accurately and adequately reflect the
proceedings of the meetings. In Counts III and IV, Relators alleged the Village Council conducted
public business of the Council in illegal executive sessions and/or entered into executive session
1
in violation of the requirements of the OMA on August 19, 2015 (Count III) and November 19,
2014 (Count IV). Counsel for Relator dismissed Relator MORE Bratenahl and verbally dismissed
Count IV at the July 26, 2016 pretrial. See Pag. 20.'
Relator’s Motion for Summary Judgment, filed on September 12, 2016, was limited to
alleged violations of the OMA in Counts I, II and III of the Amended Complaint and requested a
mandatory statutory injunction pursuant to R.C. 121.22(1). See Pag. 22 and 23. Respondents filed
a Motion for Summary Judgment on November 2, 2016 in accordance with the Court’s briefing
schedule. See Pag. 28. Relator’s Motion for Summary Judgment was denied by the trial court on
December 15, 2016 and Respondents’ Motion for Summary Judgment was granted by the trial
court as Relator failed to meet her burden of persuasion by a preponderance of the evidence that
Respondents violated or threatened to violate the OMA. See Pag. 34.
LAW AND ARGUMENT
I. Standard of Review (Appellant’s First Issue for Review)
Relator-Appellant’s Assignments of Error concern the trial court's ruling in regard to the
motions for summary judgment. An appellate court reviews a trial court's grant of summary
judgment de novo. See Grafton v. Ohio Edison Co. (1996), 1996-Ohio-336, 77 Ohio St.3d 102,
105. De novo review means that the reviewing court uses the same standard that the trial court
should have used, and must examine the evidence to determine if, as a matter of law, no genuine
issues exist for trial. See Brewer v. Cleveland City Schools, 122 Ohio App. 3d 378, 701 N.E.2d
1023 (Ohio 1997), citing Dupler v. Mansfield Journal (1980), 64 Ohio St.2d 116, 119-120.
1 Relator filed a motion to amend the complaint striking Count IV on December 15, 2016. This motion was granted
by the trial court on December 19, 2016. See Pag. 35.
2
Summary judgment is appropriate where it appears that: (1) there is no genuine issue as to
any material fact; (2) the moving party is entitled to judgment as a matter of law7; and (3) reasonable
minds can come to but one conclusion, and that conclusion is adverse to the party against whom
the motion for summary judgment is made, who is entitled to have the evidence construed most
strongly in his favor. See Harless v. Willis Day Warehousing Co., Inc. (1978), 54 Ohio St.2d 64,
66; Civ.R. 56(C). The burden is on the movant to show that no genuine issue of material fact exists.
Id. Conclusory assertions that the nonmovant has no evidence to prove its case are insufficient; the
movant must specifically point to evidence contained within the pleadings, depositions, answers
to interrogatories, written admissions, affidavits, etc., which affirmatively demonstrate that the
nonmovant has no evidence to support his claims. See Dresher v. Burt (1996), 75 Ohio St.3d 280,
293; Civ.R. 56(C). Unless the nonmovant then sets forth specific facts showing there is a genuine
issue of material fact for trial, summary judgment will be granted to the movant. See White v.
Allstate Ins. Co., 8th Dist. No. 89316, 2008-0hio-140.
II. The Court Should Affirm the Trial Court’s Decision to Grant Respondents’ Motion
for Summary Judgment and to Deny Relator’s Motion for Summary Judgment.
A. The Ohio Open Meetings Act (Appellant’s Second Issue for Review)
The OMA seeks to prevent public bodies from engaging in secret deliberations with no
accountability to the public. See Berner v. Woods, 2007-0hio-6207 (Ohio Ct. App., Lorain County
Nov. 26, 2007), PI5 (“The intent of the Sunshine law is to require governmental bodies to
deliberate public issues in public.”); Cincinnati Enq. v. Cincinnati Board of Education, 192 Ohio
App. 3d 566, 201 l-Ohio-703 (Ohio Ct. App., Hamilton County 2011), p9, discretionary appeal
not allowed. There is absolutely no evidence in the record that there was any intent by the
Respondents to engage in secret deliberations or conceal information from the public, as such, the
trial court’s ruling should be affirmed.
A party who files a complaint alleging a violation of the OMA has the ultimate burden to
prove the OMA was violated (or was threatened to be violated) by a public body; that is, the party
asserting a violation of OMA has the burden of persuasion by a preponderance of the evidence.
Although the OMA is construed liberally, the burden of persuasion never leaves the party who is
alleging a violation of OMA. See State ex rel. Hardin v. Clermont County Bd. of Elections, 2012-
Ohio-2569 (Ohio Ct. App., Clermont County 2012). Further, “the presumption of regularity
applies to official actions pursuant to the official’s ordinary duties of office.” L.J. Smith, Inc. v.
Harrison Cty. Bd. ofRevision, 140 Ohio St.3d 114, 2014-Ohio-2872, f 28, 16N.E.3d 573. Relator
is unable to establish her burden of proof that Respondents violated the letter or spirit of the OMA.
Despite Relator’s arguments to the contrary in footnote 3 of her Merit Brief, the evidence
submitted in support of Respondents’ Motion for Summary Judgment was proper. See Appellant’s
Merit Brief, FN 3, p. 17. Respondents addressed Relator’s argument that the exhibits attached to
Respondents’ Motion for Summary Judgment should be stricken in its Reply Brief and
Respondents’ Brief in Opposition to Motion to Strike. See Pag. 31 and 33. Relator has gone to
remarkable lengths in her efforts to exclude evidence from the record in order to manipulate
Respondents’ actions to fit her legal theory. Despite these tactics, the exhibits were properly
submitted in accordance with Civil Rule 56 as they were either contained within the pleadings or
answers to interrogatories. As such, the exhibits were appropriately considered by the trial court.
Even construing this evidence in favor of the Relator, there is no genuine issue as to any material
fact and Respondents are entitled to judgment as a matter of law.
Electronically Filed 03/07/2017 14:15 / FILING OTHER THAN MoTION / CA 16 105281 / Confirmation Nbr. 1006028 / CLEJK
B. The Trial Court Properly Granted Summary Judgment as to Count I Regarding the
Use of Secret Ballots (Appellant’s Third Issue for Review)
1. Count I of the Amended Complaint is Moot as a Matter of Law.
Count I of Relator’s Amended Complaint focuses solely on the election of James
Puffenberger to the ceremonial post of president pro tempore of Village Council on January 21,
2015 for the term ending December 31, 2015 and seeks injunctive relief based upon R.C. 121.22.
Count I seeks no relief other than an order declaring that the Village’s use of secret ballots on
January 21,2015 was unlawful and the Village be enjoined from using secret ballots in the future.
The only remedy available for this Count is provided by R.C. 121.22(I)(1), which mandates that
an injunction be issued for a violation of the statute. If an injunction is issued, then a $500 penalty
shall be levied along with attorney’s fees, subject to the trial court’s discretion to reduce the fees
awarded. As such, all of the requested remedies in Count I are contingent upon the issuance of a
permanent injunction enjoining the Village.
“Normally, an appellate court can only consider what is in the record on appeal. When it
comes to deciding whether an event has caused an issue to be moot, however, it may be proved by
extrinsic evidence outside the record. State ex rel. Cincinnati Enquirer, Div. of Gannett Satellite
Info. Network, Inc. v. Dupuis, 98 Ohio St.3d 126, 2002-0hio-7041, 781 N.E.2d. 163.” Skindell v.
Madigan, 2017-Ohio-398 (Ohio Ct. App., Cuyahoga County Feb. 2, 2017). It is undisputed that
Mr. Puffenberger served as president pro tempore January 21, 2015 through December 31, 2015.
He was re-appointed without contest on January 20, 2016 for a term ending December 31,2016
and then re-appointed again on January 18, 2017 for a term ending December 31, 2017. See
January 20, 2016 Minutes (Exhibit A) and January 18, 2017 Minutes (Exhibit B) attached hereto.
An issue is moot “when it has no practical significance and, instead, presents a hypothetical or
academic question.” See State v. Moore, 4th Dist. Adams No. 13CA987, 2015-0hio-2090, 1|7;
5
Brenneman Bros. v. Allen Cty. Cmmrs., 3d Distr. Allen No. 1-14-15, 2015-Ohio-148, f40, fn. 2.
The relief sought by Relator in Count I cannot be carried into effect because the president pro
tempore’s term at issue has ended. It is clear that this injunction cannot be awarded and that Count
I is moot, as are the remedies which are contingent upon an injunction being entered.
2. The Election of President Pro Tempore of Council on January 21, 2015 was in
Accordance with Ohio Law.
Relator alleges that Respondents violated the OMA at the Bratenahl Village Council
meeting on January 21, 2015 when the councilmembers used secret written ballots to elect the
president pro tempore. In the event this Court finds Count I is not moot, but rather ripe for decision,
the trial court’s decision granting summary judgment in favor of Respondents must be affirmed as
to Count I because there is no evidence the Respondents violated or threatened to violate the OMA
on January 21,2015.
The minutes of the January 21, 2015 speak for themselves and accurately reflect the
proceedings of the meeting including the appointment of Mr. Puffenberger as president pro
tempore for a one-year term in accordance with Section 121.05 of the Bratenahl Codified
Ordinances. See Pag. 17, Exhibit A. According to Section 121.05, “[wjhen the Mayor is absent
from the Village or is unable, for any cause, to perform his/her duties, the president pro tempore
shall be the acting Mayor, and shall have the same powers and perform the same duties as the
Mayor.” Mr. Puffenberger served as president pro tempore for one year, until December 31,2015.
However, there is no Ohio statute or case law7 that spells out how a village council should conduct
a vote for a president pro tempore for a statutory village.
The voting on January 21, 2015 was performed in accordance with Bratenahl Village
Council’s past practice for election of president pro tempore and results of the written ballots were
announced publicly. Councilwoman/Respondent Mary Beckenbach clearly states her support for
utilizing a secret ballot to elect the president pro tempore of Council because “we’ve always done
that.” See Pag. 17, Exhibit A, page 16, lines 19-20; see also Pag. 33, Exhibit A to Respondents’
Reply Brief in Support of Summary Judgment (Bratenahl Village Council minutes from January
20, 2010, January 19, 2011 and January 14, 2014).
In addition, the written ballots were maintained as part of the public record by the Village.
Relator did not request copies of the ballots after the election or challenge the appointment of Mr.
Puffenberger as president pro tempore for 2015 until this matter was filed on January 25, 2016. In
fact, this lawsuit was not filed until Mr. Puffenberger’s term ended and the uncontested re
appointment of Mr. Puffenberger as president pro tempore was publicly voted upon on January
20, 2016. The Village provided the Relator with a copy of the handwritten ballots, maintained by
the Village, marked by the members of the Village Council in response to her discovery requests
in March 2016. See Pag. 28, Exhibit 1. As such, the Respondents did not intend to engage in secret
deliberations or conceal information from the public.
Relator relies almost entirely upon Ohio Attorney General Opinion No. 2011-038 for the
proposition that secret ballots are a violation of the OMA. See 2011 Ohio Ap. A tty Gen. No. 38,
Pag. 17, Exhibit B. In issuing the referenced opinion, the Ohio Attorney General was specifically
asked whether it was permissible for the Ohio Board of Education to vote by secret ballot in an
open meeting. See id. The Attorney General concluded that “the State Board of Education could
not vote in an open meeting by secret ballot.” Id. By its explicit language, the opinion applied only
to the State Board of Education. Previously, the Ohio Attorney General’s office ruled in 1980 that
final voting of a county central committee of a political party must be held in a public vote, while
allowing secret ballots when central committees are filling vacancies for publicly elected offices.
See 1980 Op. Atty Gen. No. 80-083 (syllabus, paragraph 4). The 2011 Opinion overruled the 1980
Opinion regarding the voting of a county central committee of a political party. See id.
Accordingly, the only two Ohio Attorney General Opinions regarding secret ballots are limited to
the use of secret ballots by county central committees of a political party and the Ohio Board of
Education, not the election of a president pro tempore by a statutory village council. As such,
Relator’s reliance on the 2011 Ohio Attorney General Opinion is improper.
Similarly, Relator’s reliance on the Attorney General’s 2013 Ohio Sunshine Law's Manual
is misguided as this manual is not legal authority that can be relied upon by a Court of law. The
opening letter on page ii clearly states that manual is “intended as a guide”. See Pag. 17, Exhibit
C.
Even assuming the 2011 Attorney General opinion applies to statutory village council’s
elections of a president pro tempore, “Attorney General opinions are not binding on courts; at best,
they are persuasive authority.” State ex rel. VanDyke v. Pub. Employees Retirement Bd., 99 Ohio
St.3d 430, 2003 Ohio 4123, P40. It is uncontroverted that there is no statute or case law from any
Ohio court on the issue of voting by secret ballot in a public meeting. In addition, the state
legislature has taken no action to enact legislation regarding the use of secret ballots in public
meetings. In fact, R.C. 731.45 authorizes a legislative authority of a municipal corporation to
determine its own rules and in this matter, Bratenahl Village Council followed its own past practice
of using a secret ballot to elect president pro tempore. See Pag. 17, Exhibit A page 16, lines 19
20. Because the legislature has not provided for a particular voting procedure in the Revised Code,
this Court should not imply or impose one. To expand the requirement for open meetings to include
a particular voting procedure at council meetings without any legal authority to do so would
amount to judicial legislation.
Moreover, the plain and unambiguous language of R.C. 121.22(C) does not provide for
any particular voting procedure, therefore, such intent should be inferred here by the judiciary.
R.C. 121.22(C) requires that “[a]ll meetings of any public body” be “public meetings open to the
public at all times.” A court shall apply an unambiguous statute in a manner consistent with the
plain meaning of the statutory language and may not add or delete words. See Portage County Bd.
of Comm'rs v. City of Akron, 109 Ohio St.3d 106, 2006 Ohio 954, p52. Here, the election on
January 21, 2015 was performed in accordance with Village Council’s past practice for election
of president pro tempore and the written ballots were maintained by the Village and produced
when requested as part of the underlying discovery herein.
Relator invites this Court to make new law since they are unable to cite to any statute or
case law holding for the proposition that the use of secret ballots to elect a president pro tempore
of a village council is a violation of the OMA. Based upon the above. Relator is unable to establish
her burden by a preponderance of the evidence that Respondents violated or threatened to violate
the OMA on January 21, 2015. Therefore, the trial court properly granted Respondent’s motion
for summary judgment.
C. The Minutes of the Relevant Public Committee Meetings Were Recorded in

Accordance with Ohio Law. (Fourth, Fifth and Sixth Issues for Review)
The trial court properly granted summary judgment in favor of Respondents as to Count II
because the minutes of the relevant public committee meetings were properly recorded. In Count
II, Relator alleges that Respondents violated R.C. 121.22(C) by "failing to keep and maintain
minutes of the Finance Committee of the Bratenahl Village Council which contain sufficient facts
and information so as to permit the public to understand and appreciate the rationale behind the
Committee’s actions.” The minutes for the relevant meetings were adequate and in compliance
with the OMA.
R.C. 121.22(C) provides that “[t]he minutes of a regular or special meeting of any public
body shall be promptly prepared, filed, and maintained and shall be open to public inspection. The
minutes need only reflect the general subject matter of discussions in executive sessions authorized
under division (G) or (J) of this section/’ For purposes of R.C. 121.22(C), minutes mean "a. series
of brief notes taken to provide a record of proceedings...an official record composed of such
notes." Mahajan v. State Med. Bd. of Ohio, 10th Dist. Nos. 11A P-421 and 11AP-422, 201 1-Ohio-
6728 (quoting White v. Clinton Co. Bd. of Commrs., 76 Ohio St.3d 416). As such, minutes of
public meetings need only “contain sufficient facts and information to permit the public to
understand and appreciate the rationale behind the relevant public body’s decision." Id. Minutes
do not have to be a verbatim transcript of the proceedings. See State ex rel. Citizens for Open,
Responsive & Accountable Gov’t v. Register, 116 Ohio St.3d 88, 2007-Ohio-5542 (2007)
(construing R.C. 121.22, 149.43, and 507.04 together, a township fiscal officer has a duty to
maintain full and accurate minutes and records of the proceedings as well as the accounts and
transactions of the board of township trustees); White v. Clinton County Bd. of Comm ’rs, 76 Ohio
St.3d 416, 423 (1996) (determining that the minutes of board of county commissioners meetings
are required to include more than a record of roll call votes); State ex rel. Long v. Cardington Vill.
Council, 92 Ohio St.3d 54, 2001-Ohio-130.
Relator argues that the Finance Committee meeting minutes in this case are insufficient
according to White v. Clinton County Bd. of Comm 'rs and State ex rel. Long v. Cardington Vill.
Council. Yet, for the reasons set forth below, this argument is incorrect.
In the White case, the complaint sought a writ of mandamus compelling the Clinton County
Board of Commissioners “to prepare complete and accurate minutes of all Board policies,
decisions, procedures and essential transactions.” White, supra. The facts in White are significantly
more egregious than those in this case. For instance, in the White case, the minutes failed to
document new policies adopted by the Board and were missing a page. While the court in White
held that the Clinton County Board of Commissioners violated the OMA, the opinion makes clear
that courts are not in the business of “micro-managing the public record-keeping procedures of
local governments” and “public bodies should be trusted with a certain degree of latitude in the
preparation of minutes and other records of their proceedings.” Id. In addition, the court refrained
from setting any specific requirements for complying with R.C. 121.22 for keeping minutes and
concluded that full and accurate minutes must contain sufficient facts and information to permit
the public to understand and appreciate the rationale behind the public body’s decision. See id.
Thus, the White case and its underlying facts are distinguishable from the instant case.
The Relator also relies upon the Supreme Court of Ohio decision in State ex rel. Long v.
Council of the Village of Cardington. See Long, Supra. The Complaint in Long alleged village
council minutes were inadequate and incorrect for various reasons including the erroneous
reference to Long’s name in the roll call even though she was not a member of village council at
that time. See id. The Court held that the village had a duty to prepare, file, and maintain full and
accurate minutes for council meetings, and to make them available for public inspection and found
the village to be in violation of the OMA. See id. Unlike the allegations in the Long case, Relator
Meade has made no allegation that the minutes of the January 19, 2015, February 16, 2015, March
14, 2016 and April 18, 2016 Finance Committee were not promptly prepared, tiled, maintained
and/or open to public inspection. See R.C. 121.22(C). See Pag. 17, Exhibit D.
In contrast to the facts in this matter, Long involved a challenge to the minutes of a full
village council, not a village council committee. There is an obvious distinction between legislative
acts of a village council and acts that are administrative or ministerial in nature, like those of a
committee of a village council. For example, according to Section ! 21.08 of the Bratenahl Codified
Ordinances, the Finance Committee “may consider and recommend on budget, assessments,
taxes, fees, transfer of property to or from the Village, and other financial matters.'’ (emphasis
added). Thus the Finance Committee is limited to the administrative functions of considering items
and making recommendations to the entire Village Council as a whole on financial matters. The
Bratenahl Village Council is the sole legislative and policy-making body of the Bratenahl Village
government, whereas the committees review matters referred to them by Council and make
recommendations to Council at the Council meeting on the record. It is also particularly important
to note that the regularly-scheduled Bratenahl Finance Committee Meetings occur on the second
Friday or third Monday morning of the month. The Finance Committee Meetings referenced by
Relator in the Complaint took place either on the Friday or Monday prior to the monthly Village
Council meeting that occurs on the third Wednesday of the month. As such, the public is given the
opportunity to hear the Finance Committee Chairperson explain the events and particular items
discussed at the recent Finance Committee meeting and make Finance Committee
recommendations to the Council as a whole and to the public in attendance on the record at the
regularly-scheduled Council meeting. At this time, any council member and any member of the
public have the opportunity to comment on such matters. Any legislative action regarding the
Finance Committee’s recommendations are then adopted by Village Council as a whole on the
record at the regularly-scheduled monthly Council meeting.
Applying the principles set forth in the OMA and the referenced case law, the Bratenahl
Finance Committee’s minutes contain sufficient facts and information to permit the public and all
council members to understand and appreciate the issues discussed at the Finance Committee
meetings at issue and the recommendations made to Village Council. Relator attempts to create an
issue of fact by preparing self-serving summaries of the relevant Finance Committee meetings
utilizing audio recordings obtained by the Relator and comparing those summaries to the official
Finance Committee minutes. See Relator’s Merit Brief, pp. 9-12. Yet, according to Ohio case law,
minutes do not have to be a verbatim transcript of the proceedings. See State ex rel. Citizens for
Open, Responsive & Accountable Gov’t v. Register, supra. Relator’s summaries of the Finance
Committee meetings contained in her merit brief are irrelevant and self-serving and fail to establish
her burden of proof that Respondents violated the letter or spirit of the OMA.
Furthermore, in analyzing the minutes of the January 19, 2016, February 16, 2015, March
14, 2016 and April 18, 2016 Finance Committee meetings along with the transcribed minutes of
the regularly-scheduled Village Council meetings on January 20, 2016, February 17, 2016, March
16, 2016 and April 20, 2016, it is apparent that the minutes provide an accurate and adequate
record of the Committee’s proceedings, recommendations and the Council’s actions on the same.
See Pag. 17, Exhibit D; see also Pag. 28, Exhibits 2, 3, 4 and 5. Count 11 Relator’s First Amended
Complaint does not assert any specific errors in the Finance Committee minutes even remotely
similar to those alleged in the White and the Long cases. The Finance Committee minutes at issue
are self-explanatory by referencing the ordinance and resolution numbers being considered for
recommendation to Village Council, identification of each motion, some discussion and the votes
of the Committee members. While Relator contends that the minutes do not comply with the OMA,
they reflect substantial reasoning and explanation. The details reflect the discussions which took
place relative to each meeting allowing the public to understand and appreciate the rationale behind
the Council’s decisions. See State ex rel. Dunlap v. Violate Twp. Bd. of Trustees, 2013-Ohio-2295.
Furthermore, the minutes from the regularly-scheduled Village Council meetings on January 20.
2016, February 1,2016, March 16, 2016 and April 20, 2016 demonstrate additional reports from
the Finance Committee Chairperson as to the Committee’s discussions and recommendations to
Council. See Pag. 28, Exhibits 2, 3, 4 and 5.
For the reasons set forth above, despite Relator’s misguided attempt to create an issue of
fact through self-serving summaries, the Finance Committee minutes were sufficiently detailed to
comply with R.C. 121.22. Relator failed to establish a violation or threatened violation with regard
to the Finance Committee minutes and therefore, the trial court properly denied Relator’s motion
for summary judgment and granted judgment in favor of Respondents as to Count II.
D. The August 19, 2015 Executive Session was Properly Convened in Accordance with
Ohio Law. (Seventh and Eighth Issues for Review)
The trial court properly granted summary judgment in favor of Respondents as to Count
III because the executive session was properly convened and recorded. Count III of Relator’s
Complaint alleges that Village Council improperly went into executive session on August 19,
2015. Now, Relator argues in her Appellate Brief that “Respondents failed to comply with the
conditions precedent for holding an executive session” or “if such conditions precedent were
actually satisfied, then the meeting minutes fail to accurately indicate such compliance,” See
Relator-Appellant’s Merit Brief, p. 24. Despite Relator’s arguments to the contrary, the Village
Council properly entered into executive session on August 19, 2015 in compliance with the OMA,
and the minutes properly reflect such action, therefore, Count III fails as a matter of law.
First and foremost, Relator erroneously states that Council failed to identify in a motion to
enter executive session the specific purpose for the session and Council failed to conduct a roll
call vote on said motion to enter executive on August 19, 2015. However, as evidenced by the
audio recording of the August 19, 2015 taken by Relator and provided to Respondents during
discovery, yet conveniently not referenced in Relator’s Motion for Summary Judgment, the motion
and roll call vote to hold executive session were clearly taken. See Audio Recording of August 19,
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2015 Council Meeting, Pag. 29. The motion and roll call vote took place before the court reporter
began transcribing the record. See id. The roll call vote is also reflected in the notes of Leon Blazey,
Village Clerk, provided to Relator during discovery. See Pag. 28, Exhibit 6.
In addition to the audio evidence, the transcript of the August 19, 2015 documents
Council’s proper entrance into executive session. See Pag. 17, Exhibit E. On page 2, line 4 of the
official minutes for the August 19, 2015 Council meeting, the Mayor asks that the record reflect
that the Council went into executive session to talk about acquisition of land and threatened
litigation. The purchase of property is a permissible discussion topic for executive session
according to R.C. 121.22(G)(2). In addition, conferences with attorneys are permissible discussion
topics for executive session according to R.C. 121.22(G)(3). The Mayor clearly states that the
motion to enter executive session was made by Mr. Puffenberger and seconded by Ms. Murphy.
Pag. 17, Exhibit E. In addition, the Mayor states that Mr. Puffenberger made the motion to return
to the public session of Council and the motion was seconded by Ms. Bacci. See id. Respondents'’
citation to an appropriate discussion topic for executive session on the foregoing date satisfies the
statutory' requirements for entering an executive session. See State ex rel. Dunlap, supra, P 22.
The rule is generally accepted that, in the absence of evidence to the contrary, public
officers, administrative officers and public boards, withm the limits of the jurisdiction conferred
by law, will be presumed to have properly performed their duties and not to have acted illegally
but regularly and in a lawful manner. See State ex rel. Shafer v. Ohio Turnpike Com., 159 Ohio St.
581,590, 113 N.E.2d 14(1953); see also Thomas v. Bd. of Trustees ofLiberty Twp., 5 Ohio App.3d
265, 268, 215 N.E.2d 434 (7th Dist. 1966) (finding that township trustees were presumed to have
followed the Open Meetings Act.) The presumption must be rebutted with actual evidence, and
not bare allegations. See In re Application of Am. Transm. Sys., Inc., 125 Ohio St.3d 333, 2010-
Ohio-1841, §23, 928 N.E.2d 427.
Here, Relator has the burden to prove that the Village Council did not follow the correct
procedures and violated the Open Meetings Act. Relator offered no evidence to rebut the
presumption that the Council acted legally when it held the August 19, 2015 meeting. There is no
evidence indicating that Village Council failed to follow the proper procedures to enter executive
session. As Relator had the burden to prove a violation occurred, and Village Council enjoys the
presumption that it acted legally, the trial court properly found that the Village Council followed
the proper procedures when entering executive session on August 19, 2015.
As such, the August 19, 2015 executive session was properly convened and Relator’s claim
to the contrary was properly denied by the trial court. The audio recording and transcript clearly
reflect Respondents’ compliance with R.C. 121. 22(G) and therefore the trial court properly
granted Respondents’ motion for summary judgment as to Count III.
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III. Conclusion
Relator attempts to mold the facts of this case to fit a violation of the Open Meetings Act,
when the reality is that the Respondents’ actions comply with Ohio law. Relator assigns sinister
motives to Respondents, yet there is absolutely no evidence in the record that there was any intent
by the Respondents to engage in secret deliberations or conceal information from the public.
Considering the facts and law stated above, Respondents request the trial court’s December 15,
2016 be affirmed. Relator is not entitled to the issuance of a mandatory statutory injunction and,
therefore, Relator is not entitled to a civil forfeiture, court costs or an award of attorney’s fees.
Respectfully Submitted,
DAVID J. MATTY (0012335)

SHANA A. SAMSON (0072871)
MARK B. MARONG (0082865)
Matty, Henrikson & Greve
55 Public Square, Suite 1775
Cleveland, Ohio 44113
Phone(216) 621-6570
Fax (216)621-1127
Attorneys for Respondents
Electronically Filed 03/07/2017 14:15 / FILING OTHER THAN OTION / CA 16 105281 / Confirmation Nbr. 1006028 / CLEJK
CERTIFICATE OF SERVICE
I hereby certify that on this 7th day of March 2017, a true and correct copy of the foregoing
Answer BriefofAppellees was filed electronically and served through the Court’s electronic filing
system:
Curt C. Hartman
The Law Finn of Curt C. Hartman
7394 Ridgepoint Drive, Suite 8
Cincinnati, Ohio 45230
Shana A. Samson
18
3
1 generosity, as taxpayers. And frugal management,
BRATENAHL VILLAGE 2 I might add. Thank you.
BRATENAHL COMMUNITY CENTER 3 Moving to the Mayor's Court report. For
10300 BRIGHTON ROAD
4 the County Treasurer for the month of December
BRATENAHL OHIO 44108
17:35'53 5 received $748.50; the Village of Bratenahl,
(216} 383-9468
6 $25,656; the Treasurer of State of Ohio, $6,314;
7 the Village of Bratenahl Court Computer Fund,
VILLAGE COUNCIL MEETING
JANUARY 20, 2016

8 $1,630; and the Indigent Defense — Indigent
5:30 P.M.
9 Driver Alcohol Treatment Fund, $234.
17:36:16 10 Any comments from Council on that?
MAYOR JOHN LICASTRO 11 Thank you. Moving to the Mayor's
MARY BECKENBACH 12 Report. Mr. McDonald?
JOYCE BURKE-JONES 13 MR. MCDONALD: Yes.
MARLA MURPHY
14 MAYOR LICASTRO: Please.
JIM PUFFENBERGER
17:36:33 15 MR. MCDONALD: Anita Gray wanted to make
ERIN SMITH
16 some comments on the recent Council meetings and
GEOFFREY B.C. WILLIAMS
17 she can't be here tonight because she is — they
DAVID J. MATTY, ESQ.
18 are having their regional meeting of the
DENISE M. MUNGUIA, RMR, CRR, CLR

19 Anti-Defamation League, so she asked me to read
17:36'46 20 her remarks for her tonight.
DRAFT 21 MAYOR LICASTRO: And she is the Regional
22 Director of the Anti -
Moi.narY"Mu\’GL'ia
23 MR. MCDONALD: Of the Anti-Defamation
24 League.
17:36:53 25 MAYOR LICASTRO: Thank you.
Molnar & Munguia Court Reporting (440) 377-5030 DRAFT
2 4
1 MAYOR LICASTRO: Okay. Will you please 1 MR. MCDONALD: And this is Anita
2 rise and join me in the Pledge of Allegiance? 2 speaking:
3 (Pledge of Allegiance.) 3 "I speak tonight in my personal capacity
4 MAYOR LICASTRO: Thank you. 4 as a Bratenahl resident of more than ten years.
- 5 Let the record reflect that Ms. Smith 17.37-01 5 Professionally I am the Regional Director of the
6 has joined us and that a motion was made and 6 Anti-Defamation League, or the ADL, as it is
7 seconded to return to open session. 7 commonly called. Tonight is our 30th annual
8 Okay. So we have the December council 8 meeting. Obviously I must be there, and I would
9 meeting minutes. Would someone like to offer for 9 like to thank Tom McDonald for delivering these
10 either passage or amendment? 1737:14 10 remarks on my behalf.
11 MS. MURPHY: So moved. 11 "At the ADL, our mission involves three
12 MAYOR LICASTRO: For passage? 12 things: Diversity programs for students,
13 MS. MURPHY: For passage. 13 teachers and parents; civil rights for all; and
14 MR. PUFFENBERGER: I'll second. 14 law enforcement. The ADL is the country's
15 MAYOR LICASTRO: Any comments? ns??? 15 largest nongovernmental trainers of law
16 All in favor of the motion? 16 enforcement and, in fact, has trained some of our
17 AYE: 6, 17 village's best officers. In addition, we track
18 MAYOR LICASTRO: Anyone opposed? 18 and monitor domestic and international hate
19 Thank you. Mr. Blazey. 19 groups and share our information with law
20 MR. BLAZEY: Two good things: Income 1737.39 20 enforcement. So at the ADL, we know a thing or
21 tax collections for the month of January were 21 two about hate. We see the finest and the worst
22 188,000, which is third highest in history, and 22 behavior in people.
23 we have a $1.2 million carryover in the general 23 "I believe most of you will agree when I
24 fund from last year to this year. 24 say that hate seems to be runw- EXHIBIT
25 MAYOR LICASTRO: Thank you for your 737:52 25 country today, in our discussio
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5 7
1 race, religion, immigration, and many other 1 are formally given to us, we can use it for that
2 areas. And I fear that we have hate in the 2 purpose.
3 Village of Bratenahl. When I read through the 3 As we discussed in other meetings, the
4 Village Council meeting's minutes of December the 4 county and the land bank are making funds
17 38 08 5 17th, I was aghast at some of the words I read: 174017 5 available for demolition of derelict properties
6 'Bully' leveled at three elected officials, in 6 and structures, and we have been successful a
7 addition to our mayor was called a tyrant, a 7 couple of times in this effort, and I would like
8 dictator and a fascist, 8 to thank Mary for her effort in leading us
9 "As an Italian American, calling an 9 forward, so once it’s formalized, we'll take the
17 38 21 10 Italian-American person a fascist is like using 1790.32 10 ten grand and we will spend it wisely.
11 the N-word. Words hurt, and once they are out, 11 Any comments from Council on that?
12 remain with those who hear them forever, and in 12 MS. SMITH: Good job.
13 the case of Bratenahl, minutes will be forever a 13 MAYOR LICASTRO: Good job, Mary.
14 part of our public record. 14 Thanks.
17 38 34 1 5 "People who use these words are 174042 1 5 The Senior Ad Hoc Committee has ended.
16 diminished in the eyes of most who hear them. At 16 They have ended their help and their process.
17 the very least, it is an unproductive path 17 They were very involved and generous with their
18 towards change. These words have no place here 18 time to have us discuss topics like
19 in Bratenahl. Everyone has the right to have an 19 transportation and other senior issues. We had a
173848 20 opinion, even a negative one, but no one has the :7.4i:oo 20 couple -- several meetings of seniors in a couple
21 right to express themselves in this manner, 21 different venues. We listened to their concerns
22 particularly when we come together publicly as a 22 about medications and socializing and just the
23 village. We may disagree on the road we think we 23 things that all — everyone struggles with as
24 should be taking — should be taken or on the 24 they get older.
173303 25 methodology to get there, but there is a proper 174-14 25 From that came a couple specifics, one
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6 8
1 way to act so words do not feel like a 1 of which was the Wellness Fair which was held a
2 sledgehammer or a slap in the face. 2 week ago Saturday here in the community center.
3 "I would urge everyone in our Village to 3 I think we had 19 or 20 vendors that were here,
4 pause first and think before speaking. We should 4 that were staged here, and it was intriguing. I
17.3916 5 ask ourselves is what we really — what we think 17 4, 32 5 hope you were able to attend. The vendors
6 really true or just my perception? Is it kind? 6 themselves thought it was very well staged and
7 Is it necessary? If we do not, hate can take 7 very well managed, and that really is because of
8 over our Village rather quickly and change life 8 the efforts of Sue Capello of Diana Cooks, both
9 for all of us. These are my perceptions and I 9 members of the Senior Committee, even though
1739:31 10 thank you for allowing me to share them." 174,47 1 0 neither one is, but they were really helpful in
11 That concludes Anita's remarks. 11 getting this done and we hope to do that every
12 MAYOR LICASTRO: Thank you, 12 year. I mean there was blood pressure screening,
13 Mr. McDonald. 13 there was glucose, there was swing dancing, there
14 The second item on the Mayor's Report is 14 was line dancing, there was yoga, there were —
173942 1 5 the county property demolition fund application. ,742:03 15 what are some of the other vendors? I can't
16 This was conducted primarily by Mary Ranney, who 16 recall.
17 is in the back of the room. 17 MS. COOKS: The CapTel come to mind
18 Thank you, Mary. 18 where seniors who have some sort of limited
19 We received $10,000 on a preliminary 19 hearing ability or slight hearing loss can get
<739:52 20 basis for demolition of derelict properties in 174223 20 CapTel where it comes out on the screen. The
21 the village. We have a couple that we are 21 Board of Health was here. The Altzheimer's
22 looking at, one in particular on Burton, that 22 Association.
23 will be next in line. It has to go through the 23 MAYOR LICASTRO: Prescription,
24 final approval process, I think that'll happen 24 prescription delivery.
17 40.05 25 within the next month or so, and once the funds ,7 42 37 25 MS. COOKS: Yeah.
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9 11
1 MAYOR LICASTRO: Renewals and refills by 1 Right?

2 mail. It was -- it was great. 2 MS. COOKS: And Angie. And Angie.
3 MS. COOKS: Yeah. A massotherapist was 3 MAYOR LICASTRO: And Angie Fernandez,
4 here. 4 our new Deputy Clerk of Courts, all participated,
1742:43 5 MAYOR LICASTRO: Yeah, that's right, ,7443, 5 and I think everyone is going to be very, very
6 they gave sample massages. And I did the yoga 6 pleased with the result. It's going to be much
7 myself. I thought it was pretty cool. It was 7 more user friendly. The appearance will be
8 fun. I know you were line dancing or swing 8 improved. It's going to be well worth every
9 dancing, one of the two. 9 dollar we spend, but personally I'd like to thank
,7 42 54 1 0 MS. BURKE-JONES: Yes. Both of them. ,74445 10 those involved in training because, you know,
11 MAYOR LICASTRO: Both of them. So, 11 they got three full days of training and still
12 again, we want to do this every year, it's not 12 had to do their own work and somehow found a way
13 just for seniors, but it was, again, well 13 to make that happen. So thank you for your
14 managed, well staged and well received. Thank 14 efforts, but I think the Village will be the
,7 4303 15 you, ladies. ,7-44:58 15 recipients of their efforts. It's going to be a
16 And by the way, now that we are a part 16 really, really cool website. And pictures we
17 of CVD, Chagrin Valley Dispatch, we are going to 17 took of public officials and bios will all be
18 put a notice out that seniors who want to get a 18 included as well.
19 robocall every day to check on their welfare can 19 Eventually individuals -- the
,743,8 20 do so. If you are okay, press 1; if you are not, ,7:45-,o 20 administration will be the arbiter of what goes
21 press 2; if you press whatever number it is, the 21 on the website, so submissions will be given to
22 police respond and make certain that you are not 22 the administration and then put on the website,
23 in distress. So it's now part of the package we 23 just to have a final check and balance, but,
24 get with CVD. We are going to get the 24 again, February 4th we go live, so we're looking
,7 43-34 25 information out there so we get responses to get ,7 4523 25 forward to that date.
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1 permission for seniors particularly to be added 1 Ms. Cooks, any comments on that?
2 to this list. 2 MS. COOKS: No. I guess the only other
3 MS. SMITH: John, just a quick side 3 thing that I could add is the functionality of it
4 note. Can you send that report from the Senior 4 will allow villagers to request information that
,7 43-46 5 Ad Hoc Committee to Bill Doty? ,74540 5 they want, and as soon as it hits the website,
6 MAYOR LICASTRO: Sure. 6 they will be notified of it and it will go to an
7 MS. SMITH: Just in case there are some 7 e-mail address or they can receive a text. So
8 things that might come up in the programming 8 it's going to have a higher level of
9 meeting. 9 functionality.
,7435, 10 MAYOR LICASTRO: Absolutely. ,74558 1 0 MAYOR LICASTRO: Ms. Kreiner or
11 MS. SMITH: Thanks. 11 Ms. Ranney, have anything to add? Ms. Capello?
12 MAYOR LICASTRO: Yeah. Actually, the 12 No?
13 first focus group we had included members of the 13 It's going to be -- we're really excited
14 Senior Committee. So that he heard firsthand 14 about this. It's going to be a great thing.
,74359 1 5 some of their concerns as well. ,7 46 07 1 5 Any questions from Council?
16 MS. SMITH: Okay. Good. 16 Thank you. As you know, we have hired
17 MAYOR LICASTRO: Thank you. 17 Doty & Miller to conduct a recreation study for
18 MS. SMITH: Thank you. 18 the Village of Bratenahl. That process has begun
19 MAYOR LICASTRO: So the website should 19 with a couple of focus group meetings, the first
,74406 20 be operational by February 4th. The ,7462, 20 of which was held at the Recreation Commission
21 administrative staff at Village Hall has spent a 21 meeting in -- earlier this month, and at that
22 good amount of time, the better portion of last 22 meeting not only were the commissioners
23 week training on getting this up and running. 23 themselves, but myself to represent the
24 Diana Cooks, Sue Capello, the Chief, 24 administration and two members of the Senior Ad
,7.44:2o 25 Mrs. Kreiner, Mrs. Ranney. I think that's it. ,74634 25 Hoc Committee as well. I know Ms. Smith came
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1 back from her vacation and promptly held a 1 MS. MURPHY: Excuse me. Could we get
2 meeting of the young professional group. 2 some heat?
3 How did that go, Ms. Smith? 3 MAYOR LICASTRO: Some heat?
4 MS. SMITH: It went pretty well. We had 4 Joe, would you turn on the blower,
i?4646 5 about five or six in attendance. They are ,74836 5 please? Yeah, it's freezing in here.
6 actually all homeowners in Bratenahl, which is 6 MS. MURPHY: Thank you.
7 nice to see. People who could not come gave us 7 MAYOR LICASTRO: Thank you.
8 their feedback in what they would like to have. 8 Okay. So moving to item 8, which is the
9 But it was a good two-hour session, so it was 9 election of council president pro tern. Now, this
1746:58 1 0 very much in the dialogue. One of the young ,748:49 1 0 is done annually by the Village; by villages, I
11 professionals had asked why don't we do this 11 might add. This individual, really their primary
12 every month to talk about what their desires are 12 function is to serve as mayor if something were
13 for Bratenahl and things like that. So, I don't 13 to happen to the seated mayor, either illness or
14 know, it was great because Bill got a lot of 14 resignation or other reasons. They don’t really
174711 15 feedback and it's an interesting approach that ,74909 15 have any legislative or administrative authority
16 he's taking, goes from big picture down, funnels 16 beyond that, but still it's an important position
17 it down, and worked a lot. 17 and I think Mr. Puffenberger has been our seated
18 MAYOR LICASTRO: Yeah, so what Mr. Doty 18 council president pro tern, so before we ask for
19 is doing is looking for feedback from these focus 19 nominations -- well, actually let's ask for
174723 20 groups that he will then take and make certain 174923 20 nominations.
21 are part of this survey, that will be a 21 Are there nominations for president pro
22 SurveyMonkey or some sort of a Web-based survey, 22 tern for 2016? Ms. Murphy?
23 and probably hard copy as well for those that 23 MS. MURPHY: Yes, I'd like to make a
24 don't have Web access, but he's been very 24 motion to nominate Jim Puffenberger to once again
17-47.39 25 diligent to make certain that each of these ,74933 25 represent us as our council president, president
14 16
1 groups — and we're going to have a meeting at 1 pro tern.
2 Bratenahl Place I think February 18th? 2 MS. BECKENBACH: And I second that.
3 MS. BURKE-JONES: Yes. 3 MAYOR LICASTRO: Thank you.
4 MAYOR LICASTRO: Is that correct, 4 Are there any other nominations?
17-47-49 5 February 18th? ,7:4945 5 Well, guess what?
6 MS. BURKE-JONES: Yes. 6 MR. BLAZEY: Congratulations.
7 MAYOR LICASTRO: Ms. Burke-Jones and 7 MAYOR LICASTRO: Congratulations,
8 Ms. Goyanes have been helpful in coming up with 8 Mr. Puffenberger.
9 names on that. We're going to have an east side 9 MR. PUFFENBERGER: Thank you.
174758 10 residents meetings, a west side residents ,749:56 10 (Applause.)
11 meetings and a meeting of homeowner associations 11 MAYOR LICASTRO: Any acceptance speech?
12 as well that we think really encompasses the 12 MR. PUFFENBERGER: No, other than the
13 entire Village and gives everybody a chance for 13 fact that I appreciate the confidence Council has
14 input into how this survey should be constructed 14 placed in me this year and I'll try and maintain
1748-.2 15 to be certain we get the proper information back ,7 5007 1 5 that confidence. Thank you for the nomination,
16 to understand what our recreation needs are and 16 Marla.
17 then, of course, ancillary, although still very 17 MS. MURPHY: Most welcome.
18 important, is what we do with this building and 18 MAYOR LICASTRO: Privately Jim has said,
19 how it's used in the future, not only for 19 "Make sure you stay healthy, John."
,74825 20 recreation, but other uses as well. ,750,6 20 MR. PUFFENBERGER: Yes, his job is
21 Ms. Burke-Jones, do you have any 21 required to stay in the country and healthy.
22 comments on that? 22 MAYOR LICASTRO: Okay. Congratulations,
23 MS. BURKE-JONES: No, that's it. Thank 23 Jim. Thanks.
24 you. 24 Committee reports. Finance.
,-483,25 MAYOR LICASTRO: Thank you. ,75029 25 MR. PUFFENBERGER: Yes, finance met on
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17 19
1 February the 19th — or January the 19th. That 1 information. There is a compelling need to
2 would have been yesterday morning. There are 2 reduce confusion around how to recycle properly
3 three ordinances to discuss. The first, as 3 and what to include and not include in the
4 usual, is pay claims, and that was recommended by 4 residential mixed recycling stream.
175043 5 the committee to be passed along to Council for 175303 5 Improving recycling quality and
6 approval this evening. 6 increasing participation will have sustained
7 The second was Ordinance 3856 amending 7 recycling in Cuyahoga County in the future.
8 the administrative code regarding holidays for 8 Bratenahl has been a participant of this annual
9 employees. With some modification, that was also 9 grant program since 2008.
ITS)* 10 recommended to be passed here this evening by 1753:16 1 0 I would like to make a motion to proceed
11 Council. 11 with the Solid Waste District's annual $5,000
12 And the last one was essentially a 12 Community Recycling Awareness Grant. This is a
13 housekeeping measure, Ordinance 3857, making 13 hundred percent reimbursable grant and Mayor
14 additional appropriations for current expenses. 14 Licastro is the point person for this project.
17 51 07 1 5 And that as well was recommended to be passed by 175332 15 MAYOR LICASTRO: Yes. As you know, we
16 Council this evening. 16 have received this, I think, every year, you
17 The last item we discussed was a 17 said -
18 preliminary discussion regarding nonelected 18 MS. BECKENBACH: Every year.
19 administrative compensation strategy. The intent 19 MAYOR LICASTRO: --for the last seven
1751:21 20 of the discussion was to better define roles and 17:53:37 20 y 00 TS .
21 going forward what all those roles will mean and 21 MS. BECKENBACH: Uh-huh.
22 do so that we can have a more informed discussion 22 MAYOR LICASTRO: We put a nice brochure
23 regarding compensation strategy. No decisions 23 out about recycling, et cetera. It's been very
24 were made regarding that strategy going forward, 24 worthwhile.
175139 25 but the intent was simply to, as I said, define 17 53 43 25 Ms. Beckenbach has made a motion. Is
18 20
1 what we need to do going forward, if, in fact, 1 there a second to the motion?
2 it's necessary and reasonable to change our 2 MS. BURKE-JONES: I second it.
3 compensation strategy going forward. And this 3 MAYOR LICASTRO: Any discussion of the
4 applies specifically to nonelected administrative 4 motion?
17:51:57 5 personnel within the village. And that concludes 175350 5 All in favor of the motion?
6 my report, Mayor. 6 AYE: 6.
7 MAYOR LI CASTRO: Thank you very much. 7 MAYOR LICASTRO: Anyone opposed?
8 Those items are on the agenda, as 8 Thank you.
9 Mr. Puffenberger noted. Any questions or 9 MS. BECKENBACH: Thank you.
17 52 08 1 0 comments from Council? .7:53 56 1 0 MAYOR LICASTRO: Thank you,
11 Thank you. Public Improvements? 11 Ms, Beckenbach.
12 MS. BECKENBACH: Public Improvements did 12 Legislative.
13 not meet, but may I make the Village Building — 13 MS. MURPHY: The Legislative Committee
14 may I give the Village Building Department 14 did not meet.
17 5217 1 5 report? ,7 54oo15 MAYOR LICASTRO: Public Safety.
16 MAYOR LICASTRO: I hope so. 16 MS. SMITH: Public safety didn't meet,
17 MS. BECKENBACH: Total number of 17 but I think we'll have the meeting here February
18 inspections, 19; total permits issued, 7; total 18 or March, I still have to talk to the team and
19 contractor registrations, 5; and total 19 see what they want to do.
175231 20 certificates of compliance, 4. 175410 20 MAYOR LICASTRO: Yeah, you know, at that
21 And then may I make a motion? 21 meeting let's talk about the transition to CVD
22 Okay. This year, 2016, the Cuyahoga 22 and how well it's going. I think that would be
23 County Solid Waste District is offering a new 23 worthwhile.
24 recycling education program with the goal to 24 MS. SMITH: Yeah, I had a question about
17:5248 25 create a countywide consistency in recycling i7:54 2o 25 that, too. I think I'll ask Dave, because he
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21 23
1 works with that group, right? 1 Health and Wellness Fair.
2 MAYOR LICASTRO: He is actually their 2 We did have a focus group meeting with
3 law director, that's correct. 3 Bill Doty as well with the rec org and some of
4 MS. SMITH: Yeah. Well, yeah, let's 4 the Senior Ad Hoc Committee members. That went
175426 5 talk about that and then maybe more general 1756 16 5 really well.
6 awareness, safety in our Village and things like 6 Tomorrow we have our first wine tasting.
7 that. 7 Also coming up is the February dance for seasoned
8 MAYOR LICASTRO: Good. 8 residents and anybody else who would like to
9 MS. MURPHY: Excuse me. I have a 9 come. That's $10. Please RSVP.
175434 10 question. Will the committees continue to be on 10 MS. SMITH: What's the date? February?
11 the same days as they did last year or will there 11 MS. CAPELLO: The 12th of February.
12 be any changes? 12 12th of February right here. There is going to
13 MAYOR LICASTRO: We - because there’s 13 be a deejay, food. It'll be a fun time. 7 till
14 different configurations, we haven't set anything 14 11 o'clock on the 12th.
175442 1 5 in stone. If you plan to have a regularly 175546 15 And next month, instead of a wine
16 scheduled meeting — Finance meets usually — 16 tasting, we're having a beer tasting. Please, I
17 MR. PUFFENBERGER: Yeah, Finance 17 need an RSVP for that as well.
18 typically meets at 8 a.m. on Monday mornings 18 MS. MURPHY: The date for that?
19 prior to a Council meeting. We will likely 19 MS. CAPELLO: Pardon?
1754:55 20 continue with that schedule. It seems to be 175658 20 MS. MURPHY: The date for the beer
21 convenient for everyone. 21 tasting?
22 MAYOR LICASTRO: And everyone else kind 22 MS. CAPELLO: The third Thursday,
23 of meets as needed, so I mean - 23 whenever that is.
24 MS. MURPHY: The reason I ask is it's 24 MR. WILLIAMS: 18th.
175504 25 been suggested by administration to look at 175704 25 MS. CAPELLO: February 18th. I'm really
22 24
1 another day in the month for the Rec Commission 1 with it on the chalkboard.
2 to meet. And one of the problems is it's putting 2 MAYOR LICASTRO: Maybe you should have
3 Diana in a hot seat of trying to get our 3 your meeting of the focus group at the beer
4 financials for our meeting and I wanted to make 4 tasting.
17 55:20 5 sure that when we do set a date, that it doesn't 17:574, 5 MS. BURKE-JONES: At the beer tasting.
6 conflict with anyone else's day. 6 Okay.
7 MAYOR LICASTRO: Okay. We'll come up 7 MS. CAPELLO: That would be a good idea.
8 with some suggestions, we'll look at calendars. 8 Also, I apologize, the Chinese New Year
9 MS. MURPHY: Okay. 9 dinner celebration, the date for that will be
17 55 31 10 MAYOR LICASTRO: But the only meeting ,757 20 10 February 26th. Details will be forthcoming for
11 that's really scheduled every month is Finance, 11 that as well.
12 out of necessity. Everyone else kind of meets as 12 MAYOR LICASTRO: That's at Li Wah again?
13 needed. 13 MS. CAPELLO: Yes.
14 Thank you. 14 MS. SMITH: And, Sue, can you do me a
17 55 39 1 5 Recreation Commission. Is Mr. Kozinski 1757 3, 15 favor? When we had our focus group, there's more
16 here? Ms. Capello. 16 events that came up, programming, so any other
17 MS. CAPELLO: Good evening, everyone. 17 events that you can think of, can you e-mail John
18 MAYOR LICASTRO: Thank you. 18 so he can e-mail Bill, on anything, like the
19 MS. CAPELLO: Dave Kozinski sends his 19 Chinese New Year, that's a programming event,
1/5547 20 apologies, but there's a snafu at his place of 175743 20 sort of, so -
21 business, so here I am. 21 MS. CAPELLO: Well, that's actually not
22 Past events. Since the SantaBreakfast, 22 a rec program.
23 we had our swearing-in ceremony January 1st, 23 MS. SMITH: But don't you e-mail out
24 which was very nice. 24 people to say -
175600 25 Mayor, you stole my thunder on the 175747 25 MS. CAPELLO: Yes, I do, but that's not
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25 27
1 a rec program. 1 MS. BECKENBACH: Aye.
2 MS. SMITH: Okay. Well, then that's 2 MR. BLAZEY: Ms. Burke-Jones?
3 good to know, because we weren't sure if it was 3 MS. BURKE-JONES: Aye.
4 or not, so — 4 MR. BLAZEY: Ms. Murphy?
17 '57 'S3 5 MS. CAPELLO: Yeah. Okay. Thank you. 17:59'37 5 MS. MURPHY: Aye.
6 MS. SMITH: Thanks. 6 MR. BLAZEY: Mr. Puffenberger?
7 MAYOR LI CASTRO: Thank you, Ms. Capello. 7 MR. PUFFENBERGER: Aye.
8 Any questions from Council? 8 MR. BLAZEY: Ms. Smith?
9 Thank you. Planning Commission. 9 MS. SMITH: Aye.
17:58:00 10 MS. BECKENBACH: Planning Commission did 17:59:39 10 MR. BLAZEY: Mr. Williams?
11 not meet. They will be meeting next Wednesday at 11 MR. WILLIAMS: Aye.
12 5:30. 12 MS. BECKENBACH: I'd like to introduce
13 MAYOR LI CASTRO: Thank you. And Shade 13 Ordinance Number 3855 for passage.
14 Tree Commission. 14 MAYOR LI CASTRO: Is there a second on
17:58:06 15 MS. SMITH: We don't meet in January. 17:59 48 15 passage?
16 We'll meet in February. I just don't know the 16 MR. PUFFENBERGER: Second.
17 date. I'm sure it's posted on the website. If 17 MAYOR LICASTRO: Any discussion? Again,
18 not, it will be this week. 18 this was vetted by Finance.
19 MAYOR LI CASTRO: Thank you. 19 MS. BECKENBACH: Pardon?
17:587 7 20 Before we begin with the agenda under 17:59:56 20 MS. SMITH: No discussion.
21 new business, any comments from the public on the 21 MAYOR LICASTRO: Okay. Good.
22 agenda items? Ms. Meade. 22 Roll call for passage, please?
23 MS. MEADE: Resolution 1016, Exhibit A 23 MR. BLAZEY: Ms. Beckenbach?
24 was missing. 24 MS. BECKENBACH: Aye.
,7 5807 25 And then on Ordinance 3855, as an 18:00:01 25 MR. BLAZEY: Ms. Burke-Jones?
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26 28
1 observation, at the Finance meeting, when basic 1 MS. BURKE-JONES: Aye.
2 questions were asked about paid claims line items 2 MR. BLAZEY: Ms. Murphy?
3 during that meeting, no one on the Finance 3 MS. MURPHY: Aye.
4 Committee had answers. So this doesn't really 4 MR. BLAZEY: Mr. Puffenberger?
17 5872 5 speak well to public confidence or trust, so if 18 00 04 5 MR. PUFFENBERGER: Aye.
6 they could please be vigilant going forward. 6 MR. BLAZEY: Ms. Smith?
7 Thank you. 7 MS. SMITH: Aye.
8 MAYOR LI CASTRO: Thank you. Anyone 8 MR. BLAZEY: Mr. Williams?
9 else? 9 MR. WILLIAMS: Aye.
,7-58:5, 10 The reason there was no exhibit on 1016 18'00'09 10 MAYOR LICASTRO: Ms. Burke-Jones, your
11 is we just got it. So we'll talk about that when 11 first chance to make the employees happy with
12 we get there. 12 your first ordinance.
13 Then, Ms. Beckenbach, if you would, 13 MS. BURKE-JONES: I take full credit for
14 Ordinance 3855. 14 it.
,7-59-02 15 MS. BECKENBACH: I'd like to introduce 18:00 20 15 No. No.
16 Ordinance Number 3855. The following claims 16 Ordinance Number 3856. An ordinance
17 against the Village of Bratenahl are hereby 17 amending Section 149.01 entitled Holidays of the
18 directed from the funds and the clerk is hereby 18 Administrative Code and declaring an emergency.
19 authorized and directed to draw her warrants upon 19 MS. BECKENBACH: Second.
17 59'i 8 20 the treasurer for payment, to wit: For a total 18:00 37 20 MAYOR LICASTRO: Roll call on
21 of $187,640.54. 21 suspension, please?
22 MR. PUFFENBERGER: Second. 22 MR. BLAZEY: Ms. Beckenbach?
23 MAYOR LI CASTRO: Roll call on 23 MS. BECKENBACH: Aye.
24 suspension, please? 24 MR. BLAZEY: Ms. Burke-Jones?
,7 59:3 , 25 MR. BLAZEY: Ms. Beckenbach? ,8-00 4, 25 MS. BURKE-JONES: Aye.
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29 31
1 MR. BLAZEY: Ms. Murphy? 1 introduce it, Ms. Burke-Jones, but it passed,
2 MS. MURPHY: Aye. 2 too.
3 MR. BLAZEY: Mr. Puffenberger? 3 MS. BURKE-JONES: Great.
4 MR. PUFFENBERGER: Aye. 4 MR. PUFFENBERGER: Good start.
18:00:44 5 MR. BLAZEY: Ms. Smith? 18:02:04 5 MAYOR LICASTRO: Ms. Murphy, if you
6 MS. SMITH: Aye. 6 would, 3857, please.
7 MR. BLAZEY: Mr. Williams? 7 MS. MURPHY: I'd like to introduce
8 MR. WILLIAMS: Aye. 8 Ordinance 3857 for suspension, an ordinance to
9 MS. BURKE-JONES: Oh, and now for 9 make additional appropriations for current
18:00:52 10 passage. 18:02:14 10 expenses and other expenditures and further
11 MS. BECKENBACH: Second. 11 amending Appropriation Ordinance Number 3838 and
12 MR. PUFFENBERGER: Second. 12 declaring an emergency.
13 MAYOR LICASTRO: Ms. Burke-Jones, do you 13 MS. BECKENBACH: Second.
14 want to mention what's added here? 14 MAYOR LICASTRO: Roll call on
18:01:00 15 MS. BURKE-JONES: Oh, that's right. 18:02:22 15 suspension, please?
16 Excuse me. Also, should I mention what this is? 16 MR. BLAZEY: Ms. Beckenbach?
17 MAYOR LICASTRO: Well, you can mention 17 MS. BECKENBACH: Aye.
18 that Veterans Day was — 18 MR. BLAZEY: Ms. Burke-Jones?
19 MS. BURKE-JONES: Yes, actually what it 19 MS. BURKE-JONES: Aye.
18:01:08 20 is is it's having — it's adding Veterans Day, so 18:02:26 20 MR. BLAZEY: Ms. Murphy?
21 now there will be -- let's see. 21 MS. MURPHY: Aye.
22 MR. PUFFENBERGER: 12. 22 MR. BLAZEY: Mr. Puffenberger?
23 MAYOR LICASTRO: It’s 12. 23 MR. PUFFENBERGER: Aye.
24 MS. BURKE-JONES: 12 paid holidays. 24 MR. BLAZEY: Ms. Smith?
18:01:18 25 And also this is the time, too, that I 18:02:30 25 MS. SMITH: Aye.
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30 32
1 think just as housekeeping we need to delete the 1 MR. BLAZEY: Mr. Williams?
2 redundant second -- or the last sentence in the 2 MR. WILLIAMS: Aye.
3 first paragraph. 3 MS. MURPHY: And Ordinance 3857 for
4 MAYOR LICASTRO: Yeah, we have a clean 4 passage.
18:01:32 5 copy. We get rid of the strikeouts. ’.8:02:39 5 MS. BECKENBACH: Second.
6 MS. BURKE-JONES: Do you? 6 MAYOR LICASTRO: Mr. Puffenberger
7 MAYOR LICASTRO; Yeah. Uh-huh. 7 alluded to this. Ms. Murphy, do you want to
8 MS. BURKE-JONES: Okay. 8 offer any further information or clarification?
9 MAYOR LICASTRO: Yes, we basically added 9 MS. MURPHY: Well, the general fund
18:01:38 10 Veterans Day for the employees as a paid holiday. 18:02:48 10 appropriations for the fiscal year 2016 increased
11 Thank you, Ms. Burke-Jones. 11 to the amount of $5,364,570 and there is
12 Roll call on passage, please? 12 reappropriations of $20,000 to the Rec
13 MR. BLAZEY: Ms. Beckenbach? 13 Commission, $20,000 to --
14 MS. BECKENBACH: Aye. 14 MAYOR LICASTRO: Police training.
18:01:45 15 MR. BLAZEY: Ms. Burke-Jones? 18:03:04 15 MS. MURPHY: -- police training, and the
16 MS. BURKE-JONES: Aye. 16 60,000 -
17 MR. BLAZEY: Ms. Murphy? 17 MAYOR LICASTRO: Transfers. For
18 MS. MURPHY: Aye. 18 transfers.
19 MR. BLAZEY: Mr. Puffenberger? 19 MS. MURPHY: Oh, for transfers, that's
18:01:49 20 MR. PUFFENBERGER: Aye. 18:03:11 20 right.
21 MR. BLAZEY: Ms. Smith? 21 MAYOR LICASTRO: Yes.
22 MS. SMITH: Aye. 22 MS. MURPHY: Thank you.
23 MR. BLAZEY: Mr. Williams? 23 MAYOR LICASTRO: For debt service.
24 MR. WILLIAMS: Aye. 24 Any questions from Council? Any further
18:01:52 25 MAYOR LICASTRO: So not only did you 18:03:14 25 dialogue?
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33 35
1 Roll call on passage, please? 1 MR. PUFFENBERGER: Aye.
2 MR. BLAZEY: Ms. Beckenbach? 2 MR. BLAZEY: Ms. Smith?
3 MS. BECKENBACH: Aye. 3 MS. SMITH: Aye.
4 MR. BLAZEY: Ms. Burke-Jones? 4 MR. BLAZEY: Mr. Williams?
18:03-20 5 MS. BURKE-JONES: Aye. 18:04 30 5 MR. WILLIAMS: Aye.
6 MR. BLAZEY: Ms. Murphy? 6 MR. PUFFENBERGER: And Resolution Number
7 MS. MURPHY: Aye. 7 1016 for passage.
8 MR. BLAZEY: Mr. Puffenberger? 8 MS. BECKENBACH: Second.
9 MR. PUFFENBERGER: Aye. 9 MAYOR LICASTRO: This, of course, is the
18:03:23 10 MR. BLAZEY: Ms. Smith? 18:0434 10 former Carney property. Council has already
11 MS. SMITH: Aye. 11 agreed to except this parcel as part of our, of
12 MR. BLAZEY: Mr. Williams? 12 our preserved land, our green space. Receiving
13 MR. WILLIAMS: Aye. 13 the deed is the final piece in the process
14 MAYOR LI CASTRO: Mr. Puffenberger, if 14 because the application was put forth by the
18:03:28 15 you please, Resolution 1016. 18:04:51 15 homeowner, the property owner, Mr. Carney, who
16 MR. PUFFENBERGER: Yes, I'd like to 16 then has gifted this property to the Village to
17 introduce Resolution 1016 for suspension, a 17 add to our preserved green space, so by accepting
18 resolution authorizing the Mayor to accept -- 18 the deed, we accept ownership of this property
19 excuse me — on behalf of the Village of 19 and now add these five acres to the other parcels
18:03:39 20 Bratenahl land reutilization program quit-claim 18:05-10 20 we have protected, the former Roediger property,
21 deeds from the Western Reserve Land Conservancy 21 former Dale/Ross, et cetera. So it's a real
22 known as Permanent Parcel Numbers 631-20-001 and 22 feather in Bratenahl's cap, and thank you,
23 631-20-007 located on Lakeshore Boulevard and 23 Mr. Carney and family, publicly for this generous
24 declaring an emergency. 24 gift.
18:03-55 25 MS. BECKENBACH: Second. 1805 21 25 Roll call on passage, please.
34 36
1 MAYOR LI CASTRO: Is that correct? 1 MR. BLAZEY: Ms. Beckenbach?
2 MR. MATTY: Limited warranty. 2 MS. BECKENBACH: Aye.
3 MAYOR LICASTRO: Yeah. So just we have 3 MR. BLAZEY: Ms. Burke-Jones?
4 a newer version of this, sir. 4 MS. BURKE-JONES: Aye.
18:04'04 5 MR. PUFFENBERGER: Ah. 18:05:26 5 MR. BLAZEY: Ms. Murphy?
6 MAYOR LICASTRO: It's a limited warranty 6 MS. MURPHY: Aye.
7 deed, not a quit-claim deed. 7 MR. BLAZEY: Mr. Puffenberger?
8 MR. PUFFENBERGER: Okay. 8 MR. PUFFENBERGER: Aye.
9 MAYOR LICASTRO: You might not have 9 MR. BLAZEY: Ms. Smith?
18:04:10 10 gotten the latest iteration, so if the record 18-05:30 10 MS. SMITH: Aye.
11 could reflect it's a limited warrant deed, not 11 MR. BLAZEY: Mr. Williams?
12 quit-claim. Thank you. 12 MR. WILLIAMS: Aye.
13 MR. PUFFENBERGER: Okay. Thank you. 13 MAYOR LICASTRO: Thank you. Any
14 MAYOR LICASTRO: Was there a second on 14 comments from Council?
18'04'IQ 15 suspension? 18:05-39 15 Okay. We have to set three more dates
16 MS. BECKENBACH: Second, 16 for the focus groups. Many of you in the room
17 MAYOR LICASTRO: Roll call on 17 will be invited. And the only one that's set so
18 suspension, please. 18 far is Bratenahl Place February 18th, correct?
19 MR. BLAZEY: Ms. Beckenbach? 19 MS. BURKE-JONES: 18th.
18:04:24 20 MS. BECKENBACH: Aye. 18:05-52 20 MAYOR LICASTRO: All right. Any
21 MR. BLAZEY: Ms. Burke-Jones? 21 comments from the public? Mr. Kesselem.
22 MS. BURKE-JONES: Aye. 22 MR. KESSELEM: Under the new Carney
23 MR. BLAZEY: Ms. Murphy? 23 property, is there naming rights to that, and is
24 MS. MURPHY: Aye. 24 it under the same restrictions as the rest of our
18:04:26 25 MR. BLAZEY: Mr. Puffenberger? 25 green space?
18'06:04
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37 39
1 MAYOR LICASTRO: Yes, and yes. 1 and he chooses to dodge, ignore or dismiss them,
2 Are you done, sir? 2 that may prompt a public records request. So the
3 MR. KESSELEM: Yes. 3 abuse of staff that he refers to is caused by
4 MAYOR LICASTRO: Thank you. Anyone 4 himself not doing his job. To quote the Mayor,
18-06-13 5 else? Ms. Meade? 18:08:02 5 "You did it to yourself.''
6 MS. MEADE: Yes. Was there any action 6 At the beginning of today's meeting, I
7 from executive session? 7 gave the Mayor, Village Solicitor Dave Matty and
8 MAYOR LICASTRO: No. 8 Council a formal written complaint against the
9 MS. MEADE: At December's Council 9 Mayor, Council --
18:0623 10 meeting, a 10- to 15-second digital recording was 18'08'11 10 MAYOR LICASTRO: One minute, ma'am.
11 played and everyone heard the Mayor yelling at me 11 MS. MEADE: -- and two employees
12 and verbally attacking and deriding me. 12 regarding the situation and, in brief, I asked
13 Unfortunately, the content of the recording was 13 for two actions: First, since the Mayor does not
14 omitted from the minutes, even after a copy of 14 need a motion to withdraw his deceitful letter, I
18:06:34 15 the recording was provided to the company who 18:08:21 15 am asking him to be honorable and correct his
16 transcribes the minutes, claiming Council 16 misconduct. And, second, a formal third-party
17 approval was needed. However, this is contrary 17 investigation is warranted to properly address,
18 to past practice. 18 correct and protect residents' rights when
19 While this won't be the same as actually 19 officials and employees are unwilling to apply
18:06:46 20 hearing the Mayor yelling, the exchange needs to 18:08 33 20 the rules to themselves. Thank you.
21 be on the record, so here goes: 21 MAYOR LICASTRO: Thank you. Anyone
22 The first person will be Mayor Licastro, 22 else?
23 then I will be replying, unless otherwise 23 Is there a motion to adjourn?
24 indicated. 24 MS. BECKENBACH: So moved.
18'06:57 25 Mayor Licastro says, "We always do the 18:08-42 25 MAYOR LICASTRO: Is there a second?
38 40
1 right thing." 1 MR. PUFFENBERGER: Second.
2 Meade: "No, you don't, with respect." 2 MAYOR LICASTRO: Roll call on
3 Licastro: "Your abuse of the staff is 3 adjournment, please?
4 over the top. Stop it." 4 MR. BLAZEY: Ms. Beckenbach?
18-07-08 5 Pat: "That's rude." 18:08:47 5 MS. BECKENBACH: Aye.
6 MAYOR LICASTRO: That's about right. 6 MR. BLAZEY: Ms. Burke-Jones?
7 MS. MEAD: Mayor Licastro: "Stop it." 7 MS. BURKE-JONES: Aye.
8 Pat Meade: "It's rude." 8 MR. BLAZEY: Ms. Murphy?
9 Diana: "You're rude, Pat." 9 MS. MURPHY: Aye.
TS07 16 10 VOICE: Yep. 18-08:51 10 MR. BLAZEY: Mr. Puffenberger?
11 MS. MEADE: Mayor Licastro: "You are 11 MR. PUFFENBERGER: Aye.
12 rude beyond belief. Quit abusing the staff. 12 MR. BLAZEY: Ms. Smith?
13 They are wonderful people." 13 MS. SMITH: Aye.
14 Ms. Meade: "I'm not abusing them." 14 MR. BLAZEY: Mr. Williams?
18-07-23 15 Mayor Licastro: "You are abusive." 18-08 55 15 MR. WILLIAMS: Aye.
16 Ms. Meade: "I am not, and you don't 16 MAYOR LICASTRO: Thank you. Record
17 need to point your finger." 17 time. That's great. Good evening, everybody.
18 Clearly -- that was the end of it. 18 (Meeting adjourned at 6:08 p.m.)
19 Clearly, the Mayor's latest retaliatory action 19 ^ ~ ^ ^ ^
18:07 37 20 backfired, exposing his untruthful actions, along 20
21 with Geoff's coverup with support by Jim. Even 21
22 Council's silence endorsed the Mayor's 22
23 misconduct. 23
24 To reiterate, when I ask the Mayor24
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1 MAYOR LICASTRO: Anyone opposed? Thank
BRATENAHL VILLAGE
2 you. Mr. Blazey.
BRATENAHL COMMUNITY CENTER
3 MR. BLAZEY: Yes, sir. We received 331,
10300 BRIGHTON ROAD
4 almost $332,000 in income tax collections. Those
BRA i £, 21 .l,
5 are December collections, which are high because
{216) 383-9468
6 that's when people make their final estimated tax

VILLAGE COUNCIL MEETING 7 payment for the year when tax payers are supposed
JANUARY 18, 2017 8 to go down next year, which is very, very good.
S:30 P.M.
9 And last year's total income tax
10 collections were $1,635,299, which is the fourth
MAYOR JOHN LICASTRO
11 highest in the last 10 years, in spite of the
MARX isis, BAG H
12 fact that we missed $200,000 during the year.
JOYCE BURKE-JONES
MARLA MURPHY
13 MAYOR LICASTRO: Thank you, Mr. Blazey.
JAMES PUFFENBERGER 14 Any questions for Mr. Blazey? Thank you.
ERIN SMITH 15 Mayor's court report for December, the
GEOFFREY B.C. WILLIAMS 16 County Treasurer received $540; the Village of
DAVID J. MATTY, ESQ.
17 Bratenahl, $22,563; Treasurer State of Ohio,
18 $4,809; the Village of Bratenahl Court Computer
19 Fund, as always my favorite fund, the Driver
20 Alcohol Treatment Fund, $168. Any questions from
MoLXAR'.'MuWiT f A
21 Council on that? Thank you.
DRAFT 22 Moving to my report, we had a stormwater
23 committee meeting on Thursday, January 12th, to
24 discuss two ordinances, 3903 and 3907. Members
25 present were Mr. Williams, myself, and Don
2 4
1 MAYOR LICASTRO: I'm going to call the 1 Beirut. Don, do you want to sort of summarize
2 meeting to order. Will you please rise and join 2 what the purpose of this -- what we're doing
3 in the Pledge of Allegiance. 3 here?
4 (Pledge of Allegiance.) 4 MR. BIERUT: Sure. The Ohio ERA in the
5 MAYOR LICASTRO: Thank you. Mr. Blazey, 5 year 2000 required municipalities in the area to
6 will you call the roll, please. 6 file a permit to allow us to discharge our
7 MR. BLAZEY: Yes, sir. Ms. Beckenbach? 7 stormwater into the creeks and streams, if you
8 MS. BECKENBACH: Here. 8 can believe that, we've been doing that for a
9 MR. BLAZEY: Ms. Burke-Jones? 9 long time. Anyway, we got our permit. Every
10 MS. BURKE-JONES: Here. 10 five years or so they tweak the permit and they
11 MR. BLAZEY: Ms. Murphy? 11 asked us to do different things with it based on
12 MS. MURPHY: Here. 12 what they've learned over the past five years.
13 MR. BLAZEY: Mr. Puffenberger? 13 These two ordinances reflect some fairly
14 MR. PUFFENBERGER: Here. 14 miner tweaks. I was telling somebody one of the
15 MR. BLAZEY: Ms. Smith is absent. Mr. 15 tweaks was changing stormwater from one word to
16 Williams? 16 two or it might have been two to one, I don't
17 MR. WILLIAMS: Here. 17 remember which one it was.
18 MAYOR LICASTRO: We have the minutes 18 MAYOR LICASTRO: I think it's the
19 from regular Council meeting on the 21st. Is 19 latter, two to one.
20 there a motion to approve or amend? 20 MR. BIERUT: But, probably most
21 MS. BECKENBACH: I'll move to approve. 21 interestingly, they really come home to the fact
22 MR. PUFFENBERGER: I'll second. 22 that soil erosion, soil protection is the
23 MAYOR LICASTRO: Discussion? All in
23 responsibility of the property
24 favor of the motion? 24 the improvements. So it's alwJ. ‘-n'"ul1 1
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5 7
1 the general contractor or the developer. They 1 committee reports, Finance.
2 said they don't care, it's the owner and they've 2 MR. PUFFENBERGER: Yes, that would be me
3 given the Village the ability to go after the 3 again. Finance met at its normally scheduled
4 owner under these ordinances. 4 time, Friday, January the 13th at 8:00 a.m. A
5 MAYOR LICASTRO: This really pertains to 5 number of ordinances and one resolution were
6 new construction. Everything that's already 6 considered, all of which you'll see this evening
7 existing is grandfathered. Each ordinance, I 7 on the agenda.
8 think, is 42 pages. And Mr. Bierut is correct, 8 Ordinance 3904 and 3906 were recommended
9 most of it is semantics, changing a word here, a 9 for a passage here this evening by the committee
10 word there, but what’s most significant is, as 10 with no changes, as was Pay Claims Ordinance
11 Don mentioned, the onus is now on the property 11 3908. Ordinance 3905 is a rather significant
12 owner, everything prior is grandfathered. 12 change in the position of Village Clerk and
13 So I think it's a quick summary, that 13 Treasurer. There was a great deal of discussion
14 quick summary is encompassed in the 84 pages of 14 and quite a number of changes. And the final
15 ordinance you'll see in 3903 and 3907. 15 version is something you will see on the agenda
16 Ms. Murphy, does that give you enough 16 this evening as well. That final version the
17 clarity? 17 committee does recommend for approval.
18 MS. MURPHY: Thank you. 18 The last item was Resolution 1041, which
19 MAYOR LICASTRO: So when we get there, 19 is the renewal of the Heritage Home Program.
20 we’ll read the header, which also explains. 20 This is a program that we participated in over
21 Thank you for your input, Mr. Bierut, and thank 21 the last couple of years. There's been a slight
22 you for being there, Mr. Williams. Do you have 22 uptick in, I guess, usage or participation over
23 any questions on that? 23 the past year. And my hope is certainly that
24 MR. WILLIAMS: It was very exciting. 24 more of our residents, given the old home stock
25 MAYOR LICASTRO: Actually, my spell 25 that we have in the Village, a significant amount
6 8
1 check never accepted stormwater as one word, now 1 of older homes, that more people will take
2 it has to. 2 advantage of this, but we did recommend that we
3 MR. BIERUT: Right. Problem solved. 3 continue this through Resolution 1041, and that
4 MAYOR LICASTRO: There you go. Thank 4 concludes my report.
5 you. 5 MAYOR LICASTRO: Thank you, sir, any
6 Okay. We now come to our regular 6 questions for Mr. Puffenberger? Thank you.
7 January effort where we elect the president pro 7 Public Improvements.
8 tern. The president for 2016 was Mr. 8 MS. BECKENBACH: Public Improvements met
9 Puffenberger. Is there a nomination for someone 9 on January 11, 2017 at the community center. The
10 for this office? 10 minutes of December 13, 2016, were approved by
11 MS. MURPHY: I'll make a motion to 11 motion from Joyce Burke-Jones, seconded by Ms.
12 nominate Mr. Puffenberger for another year - 12 Beckenbach and passed unanimously. The agenda,
13 MR. WILLIAMS: I'll second. 13 we had one agenda item, the preliminary and
14 MS. MURPHY: — to represent us. 14 initial plans for the service garage project on
15 MS. BURKE-JONES: I'll second that. 15 Garfield Lane presented and reviewed by the Van
16 MAYOR LICASTRO: Any other nominations? 16 Auden Akins Architects.
17 One, two, three? No changes? Then Mr. 17 The phase one environmental site
18 Puffenberger, by unanimous vote, you are again 18 assessment by the Van Auden — by Van Auden Akins
19 Council president pro tern. Congratulations. 19 Architects has been completed.
20 MR. PUFFENBERGER: Thank you. 20 MAYOR LICASTRO: Mary, just call them
21 (Applause.) 21 VAA.
22 MS. BURKE-JONES: Are you willing? 22 MS.BECKENBACH: Okay. Has been
23 MR. PUFFENBERGER: I said thank you. I 23 completed and determined to be clean. The entire
24 didn't clap, but I said thank you. 24 property will be rechecked fully during the
25 MAYOR LICASTRO: Thank you. Moving to 25 second phase of the project. Mayor Licastro
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9 11
1 approved an asbestos survey of the building so 1 MS. MURPHY: Legislative did not meet.
2 that we can safely remove asbestos if discovered. 2 MAYOR LICASTRO: Public Safety, did not
3 The work to date is as follows: They've reviewed 3 meet. Recreation.
4 the existing service garage, they've discussed 4 MS. CAPELLO: Good evening, everyone.
5 the program requirements, survey, they've 5 Mr. Kozinski sends his regrets this evening.
6 surveyed the existing property, a phase one 6 Recreation met on January 4th. It was a fairly
7 environmental site assessment, the site options 7 uneventful meeting. We just talked about
8 to determine an approval — site options and 8 upcoming events. If you would like to learn more
9 determination and approval and cost estimates. 9 about our meeting, you can look on the website.
10 The next step for design construction 10 MAYOR LICASTRO: Thank you, Ms. Capello.
11 and completion will be pre-demolition ACM testing 11 Thank you. Planning Commission.
12 of existing garage, RFP for design build 12 MS. BECKENBACH: Planning Commission did
13 contractor, selection of the design build 13 not meet.
14 contractor, A/E design of the project, 14 MAYOR LICASTRO: Shade Tree Commission,
15 construction date will begin in mid summer of 15 no one here from Shade Tree. I did receive a
16 2017, and the project completion will hopefully 16 proposal from Davey Resource Group regarding our
17 be at the end of 2017. 17 reserved lands. I forwarded it to Ms. Lyons. We
18 Ms. Beckenbach made a motion to refer 18 are discussing its merits, which it has many, so
19 the proposal and costs to the Finance Committee 19 I expect to get back to you soon with a proposed
20 for consideration of funding. Ms. Jones and Ms. 20 plan to use that very qualified company to help
21 Smith both seconded the motion. The motion was 21 us manage these properties.
22 passed unanimously. There being no further 22 It's interesting it's offered in phases,
23 items, the meeting was closed at 6:30 p.m. 23 which I think is perfect for the pace we like to
24 And then I'd like to have — I'd like to 24 move. The first phase is only like $1,700 to do
25 make a motion to pursue the recycling grant that 25 a mapping, et cetera, but I just got it the last
10 12
1 I do every year jointly with the administration. 1 couple days and I'll forward it to Council and
2 MAYOR LI CASTRO: Is there a second on 2 we'll discuss it further.
3 that motion? 3 MS. MURPHY: Did Joe review it, Joe
4 MS. BURKE-JONES: Second. 4 Zalar?
5 MAYOR LICASTRO: Discussion of the 5 MAYOR LICASTRO: Yes. Joe is actually
6 motion? It's something we do every year to 6 ill today, he's not here, but I gave him a copy
7 receive the $5,000 to offset the cost of the 7 as well. They're a very qualified company.
8 recycling brochure. All in favor of the motion? 8 MS. MURPHY: I think that was the
9 Ayes: 5. 9 company he was interested in getting a quote
10 MAYOR LICASTRO: Anyone opposed? 10 from.
11 MS. BECKENBACH: Thank you. 11 MAYOR LICASTRO: I asked the other
12 MAYOR LICASTRO: So to that end, we task 12 communities and a lot of communities with green
13 Mr. Puffenberger with coming up with some dates 13 space use this company. They're very qualified.
14 with Finance so we can talk about funding options 14 Before we move to the agenda, any
15 for the service garage. We're waiting to get 15 comments from the public on the agenda items?
16 this job of herding cats. 16 Mr. Kesselem.
17 MR. PUFFENBERGER: It has been to this 17 MR. KESSELEM: I'd like to set the
18 point. 18 record straight for Ordinance 3904. The credit
19 MAYOR LICASTRO: It has been. We're 19 for the $65,000 windfall from the private way
20 also going to invite Mike Sharb, who is our bond 20 fund goes to my former colleague and counsel
21 counsel from Squires, to attend, because his 21 member Laura Bacci who repeatedly and publicly
22 input is key in how we fund this necessary 22 questioned of idle funds and asked this group to
23 project. So thank you, Ms. Beckenbach. 23 remedy the matter, which conveniently fell on
24 MS. BECKENBACH: My pleasure. 24 deaf ears both after she left office, to give her
25 MAYOR LICASTRO: Legislative. 25 the credit for that. Thank you.
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1 (Whereupon, Ms. Smith entered the room.) 1 MAYOR LICASTRO: If you recall, this is
2 MAYOR LICASTRO: Thank you, Mr. 2 the right-of-way ordinance for reviewing reaction
3 Kesselem. Yes, Ms. Meade. 3 to these cellphone towers that are popping up all
4 MS. MEADE: Yes, ordinance 3905, to be 4 over Cuyahoga County. Hopefully it will be put
5 dear, the fiscal officer's position will 5 on third reading and put on for passage next
6 eliminate three positions, two elected and one 6 month. Thank you, Ms. Beckenbach.
7 nonelected. The clerk, treasurer, deputy clerk. 7 Ms. Burke-Jones, if you would, 3904 —
8 Since the clerk and treasurer have resigned, but 8 I'm sorry, 3903, the stormwater, I'm sorry.
9 the deputy clerk has not, it seems likely the 9 MS. BURKE-JONES: Thank you.
10 deputy clerk will be promoted to the newly 10 Introducing Ordinance Number 3903, an ordinance
11 created position. 11 amending chapter 1317 of the building code to
12 During the Finance meeting, the Mayor 12 update the Village's comprehensive stormwater
13 said the position will be posted on the website, 13 management program and declaring an emergency,
14 but I don't understand why if the predetermined 14 for suspension.
15 actions behind closed doors seem to indicate a 15 MS. BECKENBACH: Second.
16 decision has been already made. And perhaps more 16 MAYOR LICASTRO: Roll call on
17 importantly, to take this basic right of electing 17 suspension, please.
18 our officials away from the people and place it 18 MR. BLAZEY: Ms. Beckenbach?
19 in the hands of one politician is wrong or seems 19 MS. BECKENBACH: Aye.
20 wrong. I trust the people to vote for qualified 20 MR. BLAZEY: Ms. Burke-Jones?
21 candidates whereas, I trust politicians to choose 21 MS. BURKE-JONES: Aye.
22 from a list of their friends. This decision was 22 MR. BLAZEY: Ms. Murphy?
23 made behind closed doors without prior public 23 MS. MURPHY: Aye.
24 input. An ordinance was then drafted based on 24 MR. BLAZEY: Mr. Puffenberger?
25 direction from one or more persons and then it 25 MR. PUFFENBERGER: Aye.
14 16
1 was presented at last Friday's Finance meeting. 1 MR. BLAZEY: Ms. Smith?
2 Next, draft minutes of December's 2 MS. SMITH: Aye.
3 Finance meeting do not fully comply with the OMA, 3 MR. BLAZEY: Mr. Williams?
4 even though approval was deferred. 4 MR. WILLIAMS: Aye.
5 Next, Public Improvements approved 5 MS. BURKE-JONES: Introducing Ordinance
6 December and draft January minutes do not fully 6 Number 3903 for passage.
7 comply with OMA as selective information is 7 MS. BECKENBACH: Second.
8 misinformation and was hidden from the public. 8 MAYOR LICASTRO: Discussion? Questions?
9 Next, Ordinance 3909 was not discussed 9 I think we made clear the purpose of this. There
10 at any prior public meeting. And lastly, the 10 being no further questions, roll call on passage,
11 recycling grant, since there have been so many 11 please.
12 complaints about a no bid process, I would like 12 MR. BLAZEY: Ms. Beckenbach?
13 to bid on the work, so will it be made available 13 MS. BECKENBACH: Aye.
14 to other vendors this year? 14 MR. BLAZEY: Ms. Burke-Jones?
15 MAYOR LICASTRO: Stay tuned. 15 MS. BURKE-JONES: Aye.
16 MS. MEADE: Thank you. 16 MR. BLAZEY: Ms. Murphy?
17 MAYOR LICASTRO: And your comments about 17 MS. MURPHY: Aye.
18 3905 could not be more incorrect. Anyone else? 18 MR. BLAZEY: Mr. Puffenberger?
19 Moving to old business, Ms. Beckenbach, 19 MR. PUFFENBERGER: Aye.
20 3894 for second reading, please. 20 MR. BLAZEY: Ms. Smith?
21 MS. BECKENBACH: I'd like to introduce 21 MS. SMITH: Aye.
22 Ordinance Number 3894 for second reading, an 22 MR. BLAZEY: Mr. Williams?
23 ordinance amending Title V, chapter 941 of the 23 MR. WILLIAMS: Aye.
24 codified ordinances to update the definitions and 24 MAYOR LICASTRO:
Ms. Murphy, if you
25 criminal penalties, and declaring an emergency. 25 would, 3904?
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17 19
1 MS. MURPHY: Sure. I’d like to 1 MR. BLAZEY: Ms. Murphy?
2 introduce Ordinance Number 3904 for suspension, 2 MS. MURPHY: Aye.
3 an ordinance authorizing the clerk to issue a 3 MR. BLAZEY: Mr. Puffenberger?
4 warrant in the amount of $65,372.39 from the 4 MR. PUFFENBERGER: Aye.
5 private way maintenance fund for deposit into the 5 MR. BLAZEY: Ms. Smith?
6 general fund. 6 MS. SMITH: Aye.
7 MS. BECKENBACH: Second. 7 MR. BLAZEY: Mr. Williams?
8 MS. MURPHY: And declaring an emergency. 8 MR. WILLIAMS: Aye.
9 MAYOR LICASTRO: Is that a second, Ms. 9 MAYOR LICASTRO: And one comment, it was
10 Beckenbach? 10 mentioned at Finance perhaps we should put this
11 MS. BECKENBACH: Um-hum. 11 in the restricted fund. Let me just say that
12 MAYOR LICASTRO: Roll call on 12 that's not something we should probably do in
13 suspension, please. 13 January. Let's see how we do for the rest of the
14 MR. BLAZEY: Ms. Beckenbach? 14 year. Thank you.
15 MS. BECKENBACH: Aye. 15 So, Mr. Puffenberger, since we're going
16 MR. BLAZEY: Ms. Burke-Jones? 16 to do 3905 together, let me just give you some
17 MS. BURKE-JONES: Aye. 17 thought process. So as you know, we have two
18 MR. BLAZEY: Ms. Murphy? 18 pending resignations, one of which is Mr. Blazey
19 MS. MURPHY: Aye. 19 at the end of February, and I have a pending
20 MR. BLAZEY: Mr. Puffenberger? 20 resignation from Mr. Young as treasurer at the
21 MR. PUFFENBERGER: Aye. 21 end of February as well.
22 MR. BLAZEY: Ms. Smith? 22 The effort we made to try to find
23 MS. SMITH: Aye. 23 villagers, electors to fill this vacancy was
24 MR. BLAZEY: Mr. Williams? 24 extreme. I must have talked to four dozen
25 MR. WILLIAMS: Aye. 25 residents. I went through the phonebook four
18 20
1 MS. MURPHY: And ordinance 3904 for 1 times. Lee went through it three times.
2 passage. 2 MR. BLAZEY: Three times. Met with
3 MR. PUFFENBERGER: Second. 3 prior clerk twice.
4 MAYOR LICASTRO: Just a detail, Ms. 4 MAYOR LICASTRO: Sheila Birch went
5 Ranney, along with Mrs. Kreiner's help, spent 5 through it many times. To find dedicated
6 many hours digging through records to find out 6 individuals, such as Mr. Blazey and Mr. Young,
7 the nature of these funds, who deposited them. 7 that are able to give of their time and fill our
8 Mr. Matty's office was very helpful in chasing 8 needs is very, very difficult. Lee is a
9 down the individuals. These are deposits made by 9 professor at Case, has a tax practice. Duke is
10 developers that are there in case of any damage 10 all over the world skiing and playing golf, God
11 to Village property during the development 11 bless him.
12 process. 12 We made a concerted effort. We posted
13 Most of the developments are built out. 13 the vacancy on the website and really had no
14 A few in the past have asked for monies back. 14 response. We each came up with a couple of
15 These have been sitting there for years and yes, 15 names. We had a couple discussions. Nothing fit
16 it's been discussed for a while by various 16 like a glove. So cognizant of the fact, yes,
17 Councils. We're now into fruition and we can 17 we're changing a Village policy that's been in
18 move this from this restricted fund into the 18 effect since 1905. We do that with great caution
19 general fund for general operating expenses. 19 and with a sense of purpose.
20 So any further questions on this? Roll 20 To that end, the Ohio Revised Code, as
21 call on passage, please. 21 confirmed by Mr. Matty's office, allows us with
22 MR. BLAZEY: Ms. Beckenbach? 22 these two pending vacancies to eliminate the
23 MS. BECKENBACH: Aye. 23 elected positions. And by the way, my collective
24 MR. BLAZEY: Ms. Burke-Jones? 24 memory goes back to the 1950s. I don't think we
25 MS. BURKE-JONES: Aye. 25 have ever had a contested election for clerk or
Electronically Fed 5 / FILINGOTHER THAN m MOTION / ,CM6&105?81 i / esofiTOatOniNbr. iqQ6§?M£b§dKDRAFT
21 23
1 treasurer ever. So yes, the electoral process 1 MR. PUFFENBERGER: Aye.
2 has merit, but if you always run unopposed, maybe 2 MR. BLAZEY: Ms. Smith?
3 there's less merit than you perceive. 3 MS. SMITH: Aye.
4 So given this unique circumstance, it 4 MR. BLAZEY: Mr. Williams?
5 allows us to create a new office of Village 5 MR. WILLIAMS: Aye.
6 fiscal officer/treasurer. To that end, we have 6 MR. PUFFENBERGER: And Ordinance 3905
7 posted this job opportunity on the website. 7 for passage.
8 We've posted it on a professional website called 8 MS. BECKENBACH: Second.
9 Indeed.com. I have received over 30 applications 9 MAYOR LICASTRO: Everyone should be
10 and we will begin interviewing and hopefully have 10 aware we made a few changes to this last minute.
11 a qualified candidate that fits with our Village 11 There are copies there with the changes. Council
12 structure, with our staff, for consideration by 12 has the most updated version — hello, Ms.
13 Council at the February meeting. We are not 13 Smith -- which is at your table is the newest
14 eliminating the position of deputy clerk, that is 14 version of this as revised.
15 erroneous, we are keeping that position. And we 15 Mr. Puffenberger, do you have any
16 will let you know — just for example, the 30 16 further comments on this, sir?
17 applications, one guy was a lifeguard, one guy 17 MR. PUFFENBERGER: I don't. There was
18 ran a Tow Motor, so they're not really qualified. 18 quite a bit of discussion. And I believed that
19 Probably 10 or 15 are borderline, 15 or 19 we made quite a number of very significant
20 so had merit, three or four were intriguing. So 20 changes that, you know, as I said, the Finance
21 we'll go forward, but nothing we do here is done 21 Committee recommended that we pass this evening.
22 lightly, especially something as radical as this, 22 MAYOR LICASTRO: And having discussed
23 but the existing position and manner we had to 23 this with staff and Mr. Blazey in particular,
24 fill them was not working in the new millennium, 24 this is a long-term fix. This allows us to elect
25 that's why we carefully chose this, perfect storm 25 someone outside the Village that has the skill
22 24
1 to pursue this option. 1 set we need. We're not limited to the small pool
2 Mr. Puffenberger, if you would, please. 2 of applicants we have in the Village.
3 MR. PUFFENBERGER: Yes, I'd like to 3 Again, finding people that have the
4 Ordinance Number 3905 for suspension. This is an 4 generosity of Mr. Young and Mr. Blazey and have
5 ordinance combining the duties of Village Clerk 5 the time prove to be an impossible task, so.
6 and Treasurer into one appointed office to be 6 MS. MURPHY: Mr. Mayor, I think we're
7 known as the Village Fiscal Officer, by amending 7 going to be hiring someone. You said elect. So
8 Chapter 133 of the codified ordinances to change 8 it will no longer be an elected position, it will
9 the provisions for the Clerk to be the provisions 9 be someone hired by you.
10 of the Village Fiscal Officer, and by replacing 10 MAYOR LICASTRO: That's correct. For
11 Chapter 135 entitled Treasurer and providing for 11 the record, the process is it's my appointment
12 notification of the Board of Elections of such 12 confirmed by Council. We work in concert to find
13 change and declaring an emergency. 13 the right individual. Okay. So I think we're
14 MAYOR LICASTRO: Is there a second, 14 ready for passage, are we not?
15 please. 15 MR. PUFFENBERGER: Yes.
16 MS. BECKENBACH: Second. 16 MS. BECKENBACH: Second.
17 MAYOR LICASTRO: Roll call on 17 MAYOR LICASTRO: We offer it for
18 suspension, please. 18 passage.
19 MR. BLAZEY: Ms. Beckenbach? 19 MR. PUFFENBERGER: Yes.
20 MS. BECKENBACH: Aye. 20 MAYOR LICASTRO: Mr. Blazey.
21 MR. BLAZEY: Ms. Burke-Jones? 21 MR. BLAZEY: Ms. Beckenbach?
22 MS. BURKE-JONES: Aye. 22 MS. BECKENBACH: Aye.
23 MR. BLAZEY: Ms. Murphy? 23 MR. BLAZEY: Ms. Burke-Jones?
24 MS. MURPHY: Aye. 24 MS. BURKE-JONES: Aye.
25 MR. BLAZEY: Mr. Puffenberger? 25 MR. BLAZEY: Ms. Murphy?
EiectaaicsMyed 0$0730,1<7rtM,i5' WNG OTHER THANtM OTION t CA 16 iq5281u/a«{mffj8fli Nbr 10TO t CLEJK draft

25 27
1 MS. MURPHY: Aye. 1 parcel.
2 MR. BLAZEY: Mr. Puffenberger? 2 MR. MATTY: Yes.
3 MR. PUFFENBERGER: Aye. 3 MAYOR LICASTRO: Any further comments or
4 MR. BLAZEY: Ms. Smith? 4 questions? Roll call on passage, please.
5 MS. SMITH: Aye. 5 MR. BLAZEY: Ms. Beckenbach?
6 MR. BLAZEY: Mr. Williams? 6 MS. BECKENBACH: Aye.
7 MR. WILLIAMS: Aye. 7 MR. BLAZEY: Ms. Burke-Jones?
8 MR. BLAZEY: You just sealed my fate. 8 MS. BURKE-JONES: Aye.
9 (Laughter.) 9 MR. BLAZEY: Ms. Murphy?
10 MAYOR LICASTRO: This was your idea, 10 MS. MURPHY: Aye.
11 sir. 11 MR. BLAZEY: Mr. Puffenberger?
12 MR. BLAZEY: I couldn't resist. 12 MR. PUFFENBERGER: Aye.
13 MAYOR LICASTRO: Ms. Smith, if you 13 MR. BLAZEY: Ms. Smith?
14 would, 3906. 14 MS. SMITH: Aye.
15 MS. SMITH: Introducing Ordinance 3906 15 MR. BLAZEY: Mr. Williams?
16 for suspension. An ordinance authorizing the 16 MR. WILLIAMS: Aye.
17 continuation of the drug offenses trust fund and 17 MAYOR LICASTRO: Mr. Williams, if you
18 the use of the monies therein and declaring an 18 would, 3907.
19 emergency. 19 MR. WILLIAMS: Yes, I'd like to
20 MS. BECKENBACH: Second. 20 introduce Ordinance Number 3907 for suspension.
21 MAYOR LICASTRO: Roll call on 21 It's an ordinance amending Chapter 1316 of the
22 suspension, please. 22 building code to update erosion and sediment
23 MR. BLAZEY: Ms. Beckenbach? 23 control component of the stormwater management
24 MS. BECKENBACH: Aye. 24 program and declaring an emergency.
25 MR. BLAZEY: Ms. Burke-Jones? 25 MS. BECKENBACH: Second.
Molrtar & Munguia Court Reporting (440) 377-5030 DRAFT Molnar & Munguia Court Reporting (440) 377-5030 DRAFT
26 28
1 MS. BURKE-JONES: Aye. 1 MAYOR LICASTRO: Roll call on
2 MR. BLAZEY: Ms. Murphy? 2 suspension, please.
3 MS. MURPHY: Aye. 3 MR. BLAZEY: Ms. Beckenbach?
4 MR. BLAZEY: Mr. Puffenberger? 4 MS. BECKENBACH: Aye.
5 MR. PUFFENBERGER: Aye. 5 MR. BLAZEY: Ms. Burke-Jones?
6 MR. BLAZEY: Ms. Smith? 6 MS. BURKE-JONES: Aye.
7 MS. SMITH: Aye. 7 MR. BLAZEY: Ms. Murphy?
8 MR. BLAZEY: Mr. Williams? 8 MS. MURPHY: Aye.
9 MR. WILLIAMS: Aye. 9 MR. BLAZEY: Mr. Puffenberger?
10 MS. SMITH: Ordinance Number 3906 for 10 MR. PUFFENBERGER: Aye.
11 passage. 11 MR. BLAZEY: Ms. Smith?
12 MS. BECKENBACH: Second. 12 MS. SMITH: Aye.
13 MAYOR LICASTRO: Mr. Matty, would you 13 MR. BLAZEY: Mr. Williams?
14 address this, please, and its need. 14 MR. WILLIAMS: Aye. Ordinance Number
15 MR. MATTY: Mr. Mayor, this is a fund 15 3907 for passage, please.
16 which before my time found its way into the 16 MS. BECKENBACH: Second.
17 Treasurer's legislation, which is Chapter 135. 17 MAYOR LICASTRO: This has been discussed
18 Since we will be repealing that, we are simply 18 in length. Any further questions? There being
19 setting this out to continue and show the intent 19 none, roll call on passage, please.
20 for a continuance, because the police department 20 MR. BLAZEY: Ms. Beckenbach?
21 does continue to use this fund. That's why this 21 MS. BECKENBACH: Aye.
22 is a necessity. 22 MR. BLAZEY: Ms. Burke-Jones?
23 MAYOR LICASTRO: So the change we're 23 MS. BURKE-JONES: Aye.
24 making with Clerk, Treasurer into one office 24 MR. BLAZEY: Ms. Murphy?
25 necessitates this change was well, it's part and 25 MS. MURPHY: Aye.
E|eMcMij§d OTWrtir5 / filing OHER THANM otion / CA n16 105281 ^br- draft

29 31
1 MR. BLAZEY: Mr. Puffenberger? 1 MR. BLAZEY: Ms. Burke-Jones?
2 MR. PUFFENBERGER: Aye. 2 MS. BURKE-JONES: Aye.
3 MR. BLAZEY: Ms. Smith? 3 MR. BLAZEY: Ms. Murphy?
4 MS. SMITH: Aye. 4 MS. MURPHY: Aye.
5 MR. BLAZEY: Mr. Williams? 5 MR. BLAZEY: Mr. Puffenberger?
6 MR. WILLIAMS: Aye. 6 MR. PUFFENBERGER: Aye.
7 MAYOR LICASTRO: Thank you. Moving back 7 MR. BLAZEY: Ms. Smith?
8 to Ms. Beckenbach, 3908, please. 8 MS. SMITH: Aye.
9 MS. BECKENBACH: I'd like to introduce 9 MR. BLAZEY: Mr. Williams?
10 Ordinance Number 3908 for suspension, an 10 MR. WILLIAMS: Aye.
11 ordinance that the following claims against the 11 MAYOR LICASTRO: Ms. Jones, if you'd
12 Village of Bratenahl are hereby directed from the 12 like to pause for a second, it is again my honor
13 funds and the Clerk is hereby authorized and 13 and privilege to ask Council to confirm the
14 directed to draw his warrants upon the Treasurer 14 appointment of Joe Zalar as our street
15 for payment of $575,495.35. 15 commissioner for the year 2017.
16 MAYOR LICASTRO: Did you offer this for 16 So having made that recommendation to
17 suspension? 17 Council, it needs Council confirmation, which is
18 MS. BECKENBACH: I did that already. 18 what 3909 does. Again, Joe was not able to be
19 MAYOR LICASTRO: Is there a second on 19 here tonight unfortunately, but having made that
20 suspension? 20 recommendation, will you do then introduce 3909?
21 MR. PUFFENBERGER: Second. 21 MS. BURKE-JONES: Introducing Ordinance
22 MAYOR LICASTRO: Roll call on 22 Number 3909 for suspension.
23 suspension, please. 23 MS. BECKENBACH: Second.
24 MR. BLAZEY: Ms. Beckenbach? 24 MR. PUFFENBERGER: Second.
25 MS. BECKENBACH: Aye. 25 MAYOR LICASTRO: Roll call on
Molrtar & Munguia Court Reporting (440) 377-5030 DRAFT Molrtar & Munguia Court Reporting (440) 377-5030 DRAFT
30 32
1 MR. BLAZEY: Ms. Burke-Jones? 1 suspension, please.
2 MS. BURKE-JONES: Aye. 2 MR. BLAZEY: Ms. Beckenbach?
3 MR. BLAZEY: Ms. Murphy? 3 MS. BECKENBACH: Aye.
4 MS. MURPHY: Aye. 4 MR. BLAZEY: Ms. Burke-Jones?
5 MR. BLAZEY: Mr. Puffenberger? 5 MS. BURKE-JONES: Aye.
6 MR. PUFFENBERGER: Aye. 6 MR. BLAZEY: Ms. Murphy?
7 MR. BLAZEY: Ms. Smith? 7 MS. MURPHY: Aye.
8 MS. SMITH: Aye. 8 MR. BLAZEY: Mr. Puffenberger?
9 MR. BLAZEY: Mr. Williams? 9 MR. PUFFENBERGER: Aye.
10 MR. WILLIAMS: Aye. 10 MR. BLAZEY: Ms. Smith?
11 MS. BECKENBACH: I'd like to introduce 11 MS. SMITH: Aye.
12 Ordinance Number 3908 for passage. 12 MR. BLAZEY: Mr. Williams?
13 MR. PUFFENBERGER: Second. 13 MR. WILLIAMS: Aye.
14 MAYOR LICASTRO: One reason why the 14 MS. BURKE-JONES: Introducing Ordinance
15 monies seem inflated is there's the — our 15 Number 3909 for passage.
16 general purpose notes are being reissued. The 16 MS. BECKENBACH: Second.
17 wire transfer went through today. Of that 500 17 MR. PUFFENBERGER: Second.
18 some thousand, 345,000 are passthrough dollars 18 MAYOR LICASTRO: Discussion? Roll call
19 for the notes. So that's why the number seems 19 on passage, please.
20 excessively high. And the wire transfer was 20 MR. BLAZEY: Ms. Beckenbach?
21 confirmed today, yes. 21 MS. BECKENBACH: Aye.
22 Any further questions on this? There 22 MR. BLAZEY: Ms. Burke-Jones?
23 being none, roll call on passage, please. 23 MS. BURKE-JONES: Aye.
24 MR. BLAZEY: Ms. Beckenbach? 24 MR. BLAZEY: Ms. Murphy?
25 MS. BECKENBACH: Aye. 25 MS. MURPHY: Aye.
E'e*g M!Je&1 F(WNG -OTHER THAN^ OTION 1 CA 16 <Nbr- 1W8 / draft
33 35
1 MR. BLAZEY: Mr. Puffenberger? 1 MR. BLAZEY: Mr. Puffenberger?
2 MR. PUFFENBERGER: Aye. 2 MR. PUFFENBERGER: Aye.
3 MR. BLAZEY: Ms. Smith? 3 MR. BLAZEY: Ms. Smith?
4 MS. SMITH: Aye. 4 MS. SMITH: Aye.
5 MR. BLAZEY: Mr. Williams? 5 MR. BLAZEY: Mr. Williams?
6 MR. WILLIAMS: Aye. 6 MR. WILLIAMS: Aye.
7 MAYOR LICASTRO: Thank you. I'm certain 7 MAYOR LICASTRO: That ends our formal
8 Mr. Zalar is thrilled to continue in his capacity 8 agenda. Any questions from Council?
9 as street commissioner for which he gets no 9 MS. SMITH: Thanks for everyone's
10 additional compensation by the way. If you have 10 service.
11 any questions about a street sign, see Joe. 11 MAYOR LICASTRO: They're not done yet.
12 Thank you. 12 They have another six weeks.
13 So I believe, Ms. Murphy, Resolution 13 MS. SMITH: Okay. I'm saying for some
14 1041. 14 reason come February someone gets sick, thank
15 MS. MURPHY: Yes, I'd like to introduce 15 you.
16 Resolution 1041, a resolution authorizing the 16 MAYOR LICASTRO: We have a couple deputy
17 Mayor to enter into a renewal agreement contract 17 treasurers that are affected by this. I mean, in
18 with the Cleveland Restoration Society to 18 this day and age, we are incredibly fortunate to
19 participate in the Heritage Home Program and 19 have these Council members that serve as
20 declaring an emergency. 20 volunteers, members of Boards and Commissions,
21 MS. BECKENBACH: Second. 21 Kathy Jones is here from the Rec Commission and
22 MAYOR LICASTRO: Roll call on 22 it works. But to have the top two officials
23 suspension, please. 23 either work part-time hours or work for
24 MR. BLAZEY: Ms. Beckenbach? 24 compensation that’s probably not in accordance
25 MS. BECKENBACH: Aye. 25 with other communities is just over. We have too
34 36
1 MR. BLAZEY: Ms. Burke-Jones? 1 much going on. So this is — Lee and I discussed
2 MS. BURKE-JONES: Aye. 2 this. We think this is a wonderful thing for the
3 MR. BLAZEY: Ms. Murphy? 3 Village, not only now, but going forward as well.
4 MS. MURPHY: Aye. 4 Thank you. Thank you very making mention of
5 MR. BLAZEY: Mr. Puffenberger? 5 that.
6 MR. PUFFENBERGER: Aye. 6 Anyone from the audience, please. Mr.
7 MR. BLAZEY: Ms. Smith? 7 Kesselem.
8 MS. SMITH: Aye. 8 MR. KESSELEM: We learned a new 10,000
9 MR. BLAZEY: Mr. Williams? 9 square foot service garage will cost 1.9 million
10 MR. WILLIAMS: Aye. 10 to 2.5 million to last for only 30 to 40 years
11 MS. MURPHY: And Resolution 1041 for 11 because the current building is supposedly
12 passage. 12 falling down. My home costs a fraction of that
13 MS. BECKENBACH: Second. 13 and has lasted more than 60 years, will hopefully
14 MAYOR LICASTRO: So the yearly fee we 14 last another 60 years because it has been
15 pay to belong to this organization is $714 that's 15 properly maintained. Let's also recognize many
16 in section one of the ordinance. Any questions 16 of the century old mansions seem to be holding up
17 or concerns? 17 just fine because they are being properly
18 There being none, roll call on passage, 18 maintained by homeowners.
19 please. 19 So my first point is if the service
20 MR. BLAZEY: Ms. Beckenbach? 20 garage is in indeed falling down, it's because
21 MS. BECKENBACH: Aye. 21 the Mayor's actions have not supported an annual
22 MR. BLAZEY: Ms. Burke-Jones? 22 maintenance plan and you need to accept
23 MS. BURKE-JONES: Aye. 23 accountability for your actions.
24 MR. BLAZEY: Ms. Murphy? 24 Second, the Mayor said he's proposing
25 MS. MURPHY: Aye. 25 the use of 918,000 of capital improvements and
EWflfliceWy Fled ' FWNGOTH5R THAN m MOTION / CA16 i/ $mm 1o06O?§/7CL§JK draft
37 39
1 use notes to pay the remaining 1 to 1.5 million 1 the community center. Right now we're exploring
2 balance. And Council can approve this without 2 options. And I've said from day one that's
3 voter approval. Then he stated the same method 3 something that needs to go to the ballot box.
4 would apply to the community center. And 4 It's much more political than replacing a
5 depending on which option is chosen, this project 5 utilitarian building like the service garage,
6 could cost taxpayers another 2.3 million to 6 which is falling down. Certainly I think Council
7 4 million without voter approval. The cost of 7 will probably go to the ballot box to make that
8 these two buildings along that's currently 8 decision.
9 proposed could range from 4.2 million to 6.5 9 What we do with Lakeshore resurfacing is
10 million and voters have no say in this. 10 yet up in the air. And if we do have a bond
11 Next, John said that Lakeshore Boulevard 11 issue, when it's offered and where these projects
12 resurfacing and all other debt, plus the four to 12 are in progress is yet to be determined. No one
13 six million dollars, could then all be rolled up 13 is anticipating spending those kind of dollars
14 into one bond issue, which would require voter 14 without voter approval. Moreover, as I said many
15 approval. The thing is, since all the work would 15 times, to take the dollars generated by tax
16 be already completed, voters may feel tripped, 16 revenue, income tax and property tax, which are
17 backed into a corner. This kind of action is 17 for operating funds and think we can generate
18 deceptive and should not be rewarded by voters. 18 enough funds for these capital projects is
19 Since Council hasn't publicly approved 19 flawed. If we had three or four or five million
20 building a new garage, then why have they hired a 20 dollars extra in our operating funds generated by
21 firm for about $60,000 to serve as the 21 taxes, it means we're taxing you too much.
22 representative for the new construction? Based 22 That's not what those — that's not the purpose
23 on this action, Council should be funding the 23 of those funds. They are for operating. For
24 capital improvement fund with $175,000 24 capital, you go to the ballot box, you take up
25 annually -- 25 notes initially and eventually bonds for a long,
38 40
1 MAYOR LICASTRO: One minute. 1 long-term paydown. That's how we're going to
2 MR. KESSELEM: -- which the original 2 approach this in concert with administration and
3 purpose was the fund. This Council has funded 3 Council. That's the way it's going to go
4 two of the past four years of capital 4 forward. Anyone else, please.
5 improvements and declined to do so this year 5 MR. KESSELEM: I'd like to reply to you
6 because they may not have enough money. What's 6 about that.
7 wrong with this picture? Council priorities 7 MAYOR LICASTRO: Well, let's talk about
8 needs serious realignment. 8 it.
9 Here's one solution, if Council 9 MR. KESSELEM: As a former Council
10 appropriated $175,000 for the capital 10 member, I did come to you and to our Council with
11 improvements fund for the next 25 years, that 11 the proposal for this salt dome to be placed on
12 would generate 4.375 million, which could pay for 12 that property back in 2010. It's now 2016, we're
13 both facilities using existing tax dollars 13 still talking about it.
14 wisely. Thank you. 14 MAYOR LICASTRO: Mr. Kesselem, you're
15 MAYOR LICASTRO: Let's start at the top. 15 correct, but the residents in the area came out
16 If you think a building that was cut in half by 16 in force and Council decided not to go forward.
17 the freeway in 1953 lasted 63 years without 17 MR. KESSELEM: But you're still putting
18 maintenance or without any attention, that's 18 the salt down in the same proposed location.
19 obviously flawed. Storing salt in a building is 19 MAYOR LICASTRO: But this involves
20 flawed. We're recommending we build a salt 20 tearing down a falling down structure, so we have
21 structure separate from the service garage. 21 to deal with it now. We'll discuss this.
22 So any suggestion that we haven't - 22 MR. KESSELEM: Secondly, Mr. Bolton then
23 that we've shirked our duty in the service garage 23 proposed a tax reduction, too.
24 and its maintenance is just really ridiculous. 24 MAYOR LICASTRO: Well, I think you've
25 No one has recommended that we do anything with 25 been part of the process, you've been at the
Electronically » 03/07/201714:15' FWGO-THSR THAN M ^OTION ' CA16 *81 i / CBOfraaimrr- 10068?§7/7CLEJkdraft
41 43
1 meetings. I think you'll see what we've done so 1 always have three classes in Ohio annually, so
2 far makes sense and hopefully will make sense 2 I'm wondering why was this expense approved when
3 going forward. We haven’t figured out the 3 there were local option available.
4 funding issue. We will at the Finance meeting 4 MAYOR LICASTRO: The time frame for them
5 with Mr. Sharb. 5 had passed. This was the last remaining. One
6 Ms. Meade, please. 6 minute, ma'am.
7 MS. MEADE: Just to chime in on that, to 7 MS. MEADE: That is not true either,
8 clarify, Mr. Mayor, you allowed the salt to be 8 because when I talked to the representative and I
9 stored in that facility since 2001. And I've 9 asked, they said that they needed two-year
10 been to most meetings since 2008, and there 10 renewal and there's a one-ear grace period, so
11 weren't a lot of — I don't remember any meeting 11 there was no sense of urgency. So I'd still like
12 where a lot of residents in that area showed up 12 an answer to why was that reimbursement approved
13 to say don't build a new salt shed. 13 when there was no time constraint as you allege.
14 And then to correct your earlier 14 Next —
15 statement about the deputy clerk's position, if 15 MAYOR LICASTRO: I've answered your
16 you check the ordinances that were posted, the 16 questions several times. You have 30 seconds
17 deputy clerk's position was eliminated and 17 left.
18 discussed. 18 MS. MEADE: Was Mr. McKinney ever
19 MAYOR LICASTRO: They have been 19 charged with any crime by Bratenahl police?
20 corrected, ma'am. 20 MAYOR LICASTRO: Not to my knowledge.
21 MS. MEADE: Okay. They were discussed 21 MS. MEADE: Next, I don't recall
22 and eliminated per the ordinance during the 22 receiving public records for any and all police
23 Finance meeting. So between — so adding the 23 reports and complaints pertaining to Tim Baumann.
24 position back between Friday and Wednesday, 24 Can the public records officer or attorney
25 secret discussions happened so that got corrected 25 confirm that it was e-mailed to me? And if not,
Molnar & Munguia Court Reporting (440) 377-5030 DRAFT Molrtar & Munguia Court Reporting (440) 377-5030 DRAFT
42 44
1 and should have been done in open session and 1 I'd like an explanation as to why the records are
2 that's a big no no. 2 being withheld.
3 Next, $600 travel reimbursement to 3 MAYOR LICASTRO: Ma'am, just because you
4 Florida for Lt. LoBello was approved because 4 make a public request and don't get the
5 there weren't local training sessions for the 5 documents, doesn't mean it's a proper public
6 Voice Stress Analysis Certification course; is 6 record request. You always get a response to
7 that right? 7 your public record requests. If you don't
8 MAYOR LICASTRO: The opportunity for 8 receive the records, it's because in some manner
9 those had passed. This was the only one left in 9 your request was flawed. Thank you very much.
10 the calendar year and he was mandated to get 10 Anyone else from the audience? Is there
11 updated. 11 a motion to adjourn, please.
12 MS. MEADE: When you say mandated, what 12 MS. BECKENBACH: So move.
13 do you mean? 13 MS. SMITH: Second.
14 MAYOR LICASTRO: To be able to perform 14 MAYOR LICASTRO: Roll call on
15 the voice stress analysis, which replaces the lie 15 adjournment, please.
16 detector, you have to be certified. 16 MR. BLAZEY: Ms. Beckenbach?
17 MS. MEADE: Right. Did you know that in 17 MS. BECKENBACH: Aye.
18 2016, there were four such classes held in Ohio, 18 MR. BLAZEY: Ms. Burke-Jones?
19 Columbus, April 25th to 29th; Cincinnati area 2 19 MS. BURKE-JONES: Aye.
20 through 6; South Euclid, August 1 thru 5; another 20 MR. BLAZEY: Ms. Murphy?
21 Columbus at the end of October. For this year, 21 MS. MURPHY: Aye.
22 there are three Ohio classes, Cincinnati, April 22 MR. BLAZEY: Mr. Puffenberger?
23 3rd to 7th; Macedonia, August 24th to 25th; 23 MR. PUFFENBERGER: Aye.
24 Columbus from October 23rd to 27th. 24 MR. BLAZEY: Ms, Smith?
25 The representative I spoke to said they 25 MS SMITH' Aye
14:15 / FWNGO-TttSR THAN M iotion / CM6 <105281. i 1O060?§/^kiJKDRAFT
45
1 MR. BLAZEY: Mr. Williams?
2 MR. WILLIAMS: Aye.
3 MAYOR LICASTRO: We're adjourned.
4 Thanks for coming. Have a good evening.
5 (Meeting adjourned at 6:12 p.m.)
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Molnar & Munguia Court Reporting (440)377-5030 DRAFT
Molnar & Munguia Court Reporting (440) 377-5030 DRAFT

2017.3.7 Appellee&#39;s Brief Filed Corrected Answer

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2017.3.7 Appellee&#39;s Brief Filed Corrected Answer

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NAILAH K.

APPEUUEE'S BRIEF FIFED

By: SHANA SAMSON 0072871

Confirmation Nbr. 1006028

STATE OF OHIO EX REL. MORE BRATENAHL, ET AL. CA 16 105281

STATE OF OHIO ex rel. )

CORRECTED ANSWER BRIEF OF APPELLEES VILLAGE OF BRATENAHL. et al.

Counsel for Respondents-Appellees, Counsel for Relator-Appellant,

DAVID j. MATTY (0012335) CURT C. HARTMAN

Issues Presented for Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

Statement of the Case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

II. Law and Argument. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Dresher v. Burt (1996), 75 Ohio St.3d 280, 293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Dupler v. Mansfield Journal Co., 64 Ohio St. 2d 116 (Ohio 1980). . . . . . . . . . . . . . . . . . . . . . 2

Grafton v. Ohio Edison Co. (1996), 77 Ohio St.3d 102. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

State ex rel. Dunlap v. Violate Twp. Bd. of Trustees, 2013-Ohio-2295. . . . . . . . . . . . . . . . . 13,15

State v. Moore, 4th Dist. Adams No. 13CA987, 2015-Ohio-2090. . . . . . . . . . . . . . . . . . . . . . . 5

& Accountable Gov’t v. Register,

State ex rel. Hardin v. Clermont County Bd. of Elections, 2012-Ohio-2569,

White v. Allstate Ins. Co., 8th Dist. No. 89316, 2008-0hio-140. . . . . . . . . . . . . . . . . . . . . . . 3

Ohio Attorney General Opinions

2011 Ohio Ap. Atty Gen. No. 38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,8

1980 Op. Atty Gen. No. 80-083. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,8

R.C. 121.22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,5,10,11,14

R.C. 121.22(C).......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,10,11

R.C. 121.22(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,2,5

Ohio Rules of Civil Procedure

C'iv.R. 56(C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,4

Bratenahl Codified Ordinances

Section 121.08 of the Bratenahl Codified Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . 12

The trial court erred in granting summary judgment in favor of Respondents-Appellees.

Appellant’s Second Assignment of Error

The trial court erred in denying summary judgment in favor of Relator-Appellant.

1. In conducting a de novo review of a trial court’s ruling on cross-motions for summary

neither party as met its summary-judgment burden.

violation of any requirement of the Act.

when a public body conducts public business through secret-ballot voting.

action of the public body.

additional extraneous sources.

directives, and action.

call vote on that motion.

Count IV at the July 26, 2016 pretrial. See Pag. 20.'

Respondents violated or threatened to violate the OMA. See Pag. 34.

LAW AND ARGUMENT

I. Standard of Review (Appellant’s First Issue for Review)

Allstate Ins. Co., 8th Dist. No. 89316, 2008-0hio-140.

trial court’s ruling should be affirmed.

fact and Respondents are entitled to judgment as a matter of law.

1. Count I of the Amended Complaint is Moot as a Matter of Law.

Count I of Relator’s Amended Complaint focuses solely on the election of James

permanent injunction enjoining the Village.

a vote for a president pro tempore for a statutory village.

20, 2010, January 19, 2011 and January 14, 2014).

deliberations or conceal information from the public.

Relator’s reliance on the 2011 Ohio Attorney General Opinion is improper.

meetings. In fact, R.C. 731.45 authorizes a legislative authority of a municipal corporation to

amount to judicial legislation.

when requested as part of the underlying discovery herein.

for summary judgment.

C. The Minutes of the Relevant Public Committee Meetings Were Recorded in

with the OMA.

Council, 92 Ohio St.3d 54, 2001-Ohio-130.

record at the regularly-scheduled monthly Council meeting.

Council. See Pag. 28, Exhibits 2, 3, 4 and 5.

2017.3.7 Appellee's Brief Filed Corrected Answer

2017.3.7 Appellee's Brief Filed Corrected Answer