12/07/2009 Meeting Minutes - Laserfiche WebLink

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Special Council Meeting Minutes December 7, 2009 Page 11 - Mayor Rinker, replied, absolutely, yes. It's public record, so we will get it out. Mr. Triner said, great. Thank you. Council President Buckholtz asked if there was anyone else. A inember of the audience stated he lives -on Bonnieview and he wanted to know where the permit process is at Bonnieview. Is there any last ditch effort, any loophole, anything that could stop it or hold it up. Mayor Rinker replied, no. A member of the audience asked if the Mayors and Managers have ever considered suing on the basis of public safety and some of the issues that have come up and getting some of this language and the whole process of taking away home rule into the courts to determine whether or not this legislation has gone too far. Mandatory pooling being one of them because that is a taking of somebody's rights without in many respects due process. It seems to him that the Mayors and Managers have the ability and the legal talent to institute some sort of action on behalf of the whole County that would at least put a hold on things and maybe answer some of the questions that haven't yet been answered legally. Mayor Rinker replied the short answer is no, that hasn't been done. Mayor Rinker would suspect that any number of Mayors, if you were to inquire individually, they've questioned that of their own law departments, they've looked at it tliemselves and Mayor Rinker is sure that that isn't something that would be contemplated later on. Mayor Rinker thinks this is one process from the Mayors and Managers Association in an earlier stage of establishing what the concensus would be for the whole body. As you can imagine with a11 those communities, the challenge is to hy to get that kind of concensus. Mayor Rinker knows anecdotally there are a lot of Mayors that would be right there. It's very frustrating and they are very upset. Tlie audience member asked if there is any set of communities outside of the Mayors and Managers, for example, Mayfield Village,. Gates Mills perhaps, Bainbridge perhaps, Highland Heights perhaps that can get together through their Councils and Mayors to institute a lawsuit rather than waiting for 60 Mayors and Managers, maybe they could sue on behalf of the citizens of their community? Mayor Rinker replied, he can't say that hasn't been discussed. It has, but from the feedback he has gotten, he can't tell you that that's something that's imminent, but it has been broached. It's a b'ig step for any community to take.