06/19/2007 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 6/19/2007 8) He is sharing office his office with Asst. Law Director Heyward three afternoons a week when he works at home. This points to the need to get the second floor rehab project going. 9) On May 21, issued legal opinion 2007-6 which hopefully resolved the issue of who controls Council's furniture. 10) There is a lot going on with the Tic Tac Fruit machine issue. He held back in providing any kind of advice to the administration to take action against people who operate these machines or similar machines in North Olmsted to see what the State was going to do. The State has created this problem by the nature of the gambling statute which attempts to make a distinction between games of skill and games of chance. It has become so complicated that it seems nobody can figure it out. When prosecutors have tried to prosecute under the statute, juries in Ohio are finding individuals not guilt-not because they haven't engaged in gambling, but he thinks the juries are totally confused by the statute. We were following litigation in the Attorney General's office coming out the Liquor Control Commission as well as some local litigation going on in the city of Parma. A few weeks ago, the Attorney General entered into a settlement in one case in Franklin County which would have manufacturers and distributors of machines submitting the machines to the Attorney General's expert to make a determination of whether or not they were a game of chance or skill. Those machines would be tagged in some fashion, and the local jurisdictions could rely upon the tag. Apparently that process is not working. There has been some indication that Gov. Strickland is pretty law and order when it comes to gambling, and he doesn't like this sort of false dichotomy between games of chance and skill. Attorney General Dann is moving in the Governor's direction on this issue. Meanwhile, the city of Parma has backed off and is taking a position that they are not going forward with their local prosecutions and are waiting to see what the Attorney General's office is going to do. His advice to the administration is to make no prosecutions until this issue gets straightened out in Columbus. 11) A Records Commission meeting was held on June 6. City Law Clerk Erika Schindler made a presentation to the commission and to City Hall staff regarding an overview of what's required to have a records retention schedule and how to deal with issues like e-mail. 12) Recently provided the administration with an update on the Elm Street Property litigation, which was set for a trial date in late June but has been continued. Anew judge, Judge Terry, has been assigned to the case. There may be potential for settlement. The city has a new Single Family Cluster code in place. The developer is aware of what that requires and may attempt to present a plan that would be in compliance with our new code. If we can settle, we will. 13) He has done research on the newsrack ordinance and will either recommend new legislation or amendments to the old. The Planning Director has hired a consultant who has put together a streetscape plan which needs to be run through Planning & Design and then through City Council. Hopefully, we'll get a good newsrack regulation ordinance passed as a component of the streetscape plan. 14) Also has done research for Councilman Ryan on his portable sign legislative request. He will provide results, but the Councilman should not be too encouraged. 4