MINUTES 02-19-19 - Laserfiche WebLink

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21. RESOLUTION 9060-19 - A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of council, or otherwise to take effect at the earliest period allowed by law, ratifying and endorsing the City's Integrated Wet Weather Improvement Plan, and especially the Priorities and Principles recited therein. (pg.28) Council President O'Leary explained the city's need to get permits for the IWWIP plan to the benefit of a children and younger members of the crowd. Councilman Bullock asked questions regarding the IWWIP plan, specifically whether there are some potential building code best practices that the city could adopt to adhere to the plan. He also inquired whether the city could disseminate information to private property owners in the meantime while waiting for plan approval, or is this something that would have to wait until an arbitrary date in the future, such as 2029, to do such an effort. Special Counsel McMahon stated that the city does not have to wait to involve private homeowners and that the city will be getting data from a pilot study that was conducted in a Lakewood neighborhood in order to make equitable policy on the matter. Councilman Bullock commented that it sounds like the city has more analysis to do to figure out how to address that. McMahon stated that the legal strength of the city's position is still in the process of being determined. Congress has amended portions of the Clean Water Act and it has caused the EPA to figure out new rules and Lakewood is being treated as a test guinea pig in this instance. Council Bullock commented that it appears the city has done a lot of analysis that will allow future councils and administrations to build on the foundation that has been laid. McMahon stated that the alternative to the city's proposed plan is a consent decree that will come from the federal government over 20-30 years that will not allow the degree of flexibility that a permit provides with 5 year check -ins. Councilman O'Malley asked if the city sees the Ohio EPA as the chief regulator on this matter versus the federal EPA. McMahon stated that the hope is the Ohio EPA is the chief regulator under the plan that the city has proposed, but it remains to be seen. Lakewood is one of the few communities larger than 50,000 people that is not already under a federal consent decree, which is more stringent and does not get us anywhere faster. O'Malley asked, with the new governor and his administration, does the city see any change with how the Ohio EPA addresses Lakewood's issues. McMahon stated that the new Ohio EPA administrator has been on the job for 1 month, but comes from the same school of thought as the previous director. The city is meeting with the Ohio EPA next week to request their oversight. All members voted in favor. Motion passed. Resolution 9060-19 adopted. 22. Communication from Mayor Summers regarding Mayoral appointment to the Planning Commission. (pg.38) 0