WESTLAKE CITY COUNCIL MEETING AND A REGULAR SESSION SEPTEMBER 6, 2018

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1 The City of MINUTES OFFICE OF THE CITY COUNCIL Milliard B\ J Phone Westlake. Ohio Fax WESTLAKE CITY COUNCIL MEETING PROCEEDINGS OF A PUBLIC HEARING AND A REGULAR SESSION SEPTEMBER 6, 2018 Prior to the start of the Council meeting, the City ofwestlake fire department was awarded the American Heart Association Mission Lifeline 2018 EMS Gold Plus Achievement award. Alex Kuhn from the AHA explained and presented the award and commended the Westlake fire department for their hard work and dedication. Matt Sheehan presented a plaque on behalfofst. John Medical Center to the Westlake fire department for achieving this award. Lynn Maitland, Vice President ofmission and Ministry at SJMC, praised the department for their great service and team effort with the hospital personnel. ChiefHughes stated that he was honored to receive the award and that it reflects how the department always strives to give the best care to each patient. Mayor Clough and Council President Killeen congratulated and commended Chief Hughes and the fire department and expressed appreciation for their excellent work. Public hearing, continued from July 19, 2018, was called to order by President ofcouncil Michael F. Killeen at 8:16 p.m. in accordance with Article III, Section 13, ofthe Westlake City Charter and legal notice published in the West Life on July 11, 2018, and July 18, 2018, regarding the following legislation: ORDINANCE NO : AN ORDINANCE CONSIDERING A CONDITIONAL USE PERMIT FOR A DRIVE-THRU RESTAURANT. Council President Killeen stated that, per an received September 4, 2018, the applicant has requested the public hearing be continued to the October 4, 2018, Council meeting. Council President Killeen continued the public hearing to a date uncertain so that it can be scheduled when it is ready. *l* *p *p The regular session ofcouncil was called to order at 8:16 p.m. by President ofcouncil Michael F. Killeen. Present: Also present: President ofcouncil Michael F. Killeen; Councilmembers Lynda M. Appel, Nick C. Nunnari, Dennis J. Sullivan, Michael F. O'Donnell, Kenneth R. Brady, Mark R. Getsay. Mayor Dennis Clough, Law Director Michael Maloney, Service Director Paul Quinn, Director of Engineering Robert Kelly, Finance Director Prashant Shah, Recreation Director Bob DeMinico, Assistant Planning Director Will Krause, Director of Purchasing Larry Surber, Director of Inspections Donald Grayem,

2 Page 2 of12 Directorof Community Services Lydia Gadd, Police Chief Kevin Bielozer, Fire ChiefJim Hughes, Clerk ofcouncil Denise L. Rosenbaum. APPROVAL OF MINUTES: Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that the reading of the minutes ofthe regular session ofjuly 19, 2018, be waived and that they be approved as received. VOICE VOTE: Killeen, Appel, Nunnari, Sullivan, O'Donnell, Getsay. Abstentions: Brady. SELECTED CORRESPONDENCE: Notice from Ohio Division ofliquor Control received August 15, 2018, for a new D5J permit for Westlake Restaurant Group LLC, 287 Crocker Park Boulevard, Westlake, Ohio Councilmember Appel moved, seconded by Councilmember Nunnari, not to object to a new D5J permit for Westlake Restaurant Group LLC, 287 Crocker Park Boulevard, Westlake, Ohio Conditional use permit request from Aaron Locke, D.C., Ohio Mobile Chiropractic, received August 16, 2018, to utilize the office space at 1055A Bradley Road for chiropractic/health and fitness purposes. Council President Killeen referred this request to the Planning, Zoning, Legislative committee. Conditional use permit request from Dave Regula, TrAk Athletics, received August 27, 2018, to convert an approximately 8,000 square foot area in a portion ofan existing industrial building at Clemens Road into a fitness center. Council President Killeen referred this request to the Planning, Zoning, Legislative committee. Zoning code amendment application from Steve Rubin, FSW Properties, LLC, received August 27,2018, to amend and for a special planned unit development (PUD) within an existing executive office zone on Corporate Circle. Council President Killeen referred this request to the Planning, Zoning, Legislative committee. Communication from Mayor Clough dated August 28, 2018, requesting authorization to purchase sodium chloride through the Ohio Department oftransportation sodium chloride bid from Cargill at the bid amount of$64.76 per ton. (Ordinance No ) Communication from Mayor Clough dated August 28,2018, requesting authorization to enter into a contract for the hiring ofgeneral laborers through Safe Staffing ofohio in an amount not to exceed $69, as the lowest, best and most responsive bid. (Ordinance No ) Communication from Mayor Clough dated August 28,2018, requesting authorization to purchase two new model year Ford F250 4x4 regular cab pick-up trucks with selected options

3 Page 3 of12 r through the State ofohio cooperative purchasing program from Walt Sweeney Ford in an amount not to exceed $56, (Ordinance No ) Communication from Mayor Clough dated August 28, 2018, requesting authorizationto sell the listed items through the GovDeals auction site for the reserve amount listed or higher. Councilmember Sullivan moved, seconded by Councilmember Nunnari, to authorize the administration to sell the listed items through the GovDeals auction site for the reserve amount listed or higher. Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen. Communication from Mayor Clough dated August 28,2018, requesting to schedule a meeting of the Safety, Utilities committee to discuss Northeast Ohio Public Energy Council (NOPEC). Communication from Mayor Clough dated August 28, 2018, requesting approval ofthe items listed to celebrate the20th anniversary of the Westlake Recreation Center. Communication from Mayor Clough dated August 28, 2018, requesting approval ofthe attached rate schedule for the Westlake Family Aquatic Center (WFAC) in addition to a Sunday only season pass to the WFAC for no more than 150 Bay Village residents..p^ V Communication from Mayor Clough dated August 28,2018, requesting approval ofthe proposed 2019 Recreation Center membership rates, facility rental rates and trial/corporate challenge membership rates. Council took no action on the above three requests, therefore they will automatically go into effect 60 days from the date ofpassage by the Recreation Commission. Communication from Mayor Clough dated September 4, 2018, requesting confirmation ofthe appointment ofbill Wervey to the Westlake planning commission with a term expiring on December 31, Councilmember O'Donnell moved, seconded by Councilmember Appel, to confirm the appointment ofbill Wervey to the Westlake planning commission with a term expiring on December 31,2021. Nunnari, O'Donnell, Appel. Sullivan, Brady, Getsay, Killeen; motion failed. from Dale Markowitz, representative ofnhn Properties, LLC, received September4, 2018, requesting that the public hearing on Ordinance No (Arby's conditional use permit request) be continued to the October 4, 2018, Council meeting. j^^ Communication from Purchasing Director Larry Surber dated September 4, 2018, informing Council ofthe expenditures for A&J Cement. PETITIONS FROM THE PUBLIC: None.

4 Page 4 of12 REPORT OF THE MAYOR: Mayor Clough read his fifteenth report ofthe year. REPORTS OF STANDING COMMITTEES - PLANNING, ZONING, LEGISLATIVE COMMITTEE: Councilmember Getsay reported on the September 4, 2018, Planning, Zoning, Legislative committee meeting. Councilmember Getsay moved, seconded by Councilmember Sullivan, that the report ofthe September 4,2018, Planning, Zoning, Legislative committee meeting be received and filed. Sullivan, O'Donnell, Brady, Getsay, Killeen, Appel, Nunnari. COMMITTEE OF THE WHOLE: President ofcouncil Killeen reported on the Committee ofthe Whole meeting held this date at 7:30 p.m. Present were Councilmembers Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay. Also present were Mayor Clough; Directors Maloney, Quinn, Kelly, Shah, DeMinico, Krause (Assistant), Surber, Grayem, Gadd, Bielozer, Hughes; and Clerk Rosenbaum. Agenda items were discussed as well as selected correspondence, the planning commission report, proposed legislation to be added to the agenda, and issues with drones and their lack of regulations. The following committee meetings were scheduled: Safety, Utilities committee, September 18 at 7:00 p.m.; Public Grounds, Buildings, Recreation committee, September 18 at 7:15 p.m.; and Planning, Zoning, Legislative committee, September 18 at 7:30 p.m. Councilmember Nunnari moved, seconded by Councilmember Brady, to adjourn at 8:06 p.m. Meeting immediately adjourned at 8:06 p.m. REPORTS OF OTHER BOARDS AND COMMISSIONS - PLANNING COMMISSION: Councilmember Appel reported on the August 6,2018, planning commission meeting advising that the commission took the following actions: William Bennett DDS Development Plan (addition), Center Ridge Rd., PP# : Findings offact: 1. No modification are required for this development plan. 2. Sidewalks may need to be wider and, where vehicles overhang, wheel blocks may be necessary. 3. Field verification in winter is required regarding buffering opacity. 4. More information is required for the lighting design and it is recommended that it be approved administratively. Motion: Based upon the findings of fact, Ms. Falcone moved, seconded by Mr. DiCarlo to recommend approval ofthe William Bennett DDS Development Plan with the following conditions: 1. Sidewalks will be 5' minimum width and where vehicles overhang they will be 7' in width, unless wheel blocks are installed. 2. Buffering opacity will be field verified by Planning Department staffin the winter and ifadditional plantings are required they will be installed by the applicant. 3. The final lighting design will be approved administratively. 4. Condition that Dr. Bennett explore a change in the amount ofbrick proposed on the east and south elevation, by possibly bringing the horizontal siding down a bit

5 Page 5 of 12 so that there is not as much blank brick wall. 5. Approval is subject to comments in Part III ofthe 8/3/18 staffreport and approval ofthe final plans by the Building and Engineering Departments in compliance with the code and the ordinances ofthe City ofwestlake; and, in the development process, should there be any changes necessitated by engineering requirements that visually alter the appearance ofthe development approved by the Planning Commission, the plan shall be re submitted to the Planning Commission; tabled Sgt. Clean's Car Wash Development Plan (add vacuums), Detroit Rd., PP# , to September 10,2018; Ordinance Conditional Use Permit for a dog agility competition and obedience training facility (Pinnacle Dog Sports), 1006 Crocker Rd., PP# : Findings offact: 1. The zoning code was recently amended to provide for the proposed use ofdog agility competition and obedience training facilities. 2. The proposal meets the requirements in section footnote (g), and with conditions recommended regarding daily cleaning ofthe "designated potty area outside" and deodorizer is provided for the dumpster. Motion: Based upon the findings offact, Ms. Falcone moved, seconded by Mr. DiCarlo to recommend approval ofordinance with the following conditions: 1. The "designated potty area outside" shall be cleaned daily when the facility is in use. 2. Deodorizer shall be provided for the dumpster; Ordinance amending footnote (i)(l) of Section ofthe Zoning Code (as to drive-thru restaurants): Motion: Ms. Falcone moved, seconded by Mr. DiCarlo to recommend that Council adopt Ordinance with the recommended changes from the 8/2/18 staff memo; tabled the Chipotle Mexican Grill Sign Plan, Detroit Rd., PP# to 008,015 & 016, until September 10, 2018; Crocker Park Advertising/Wayfinding Kiosks Design Prototypes, within Crocker Park: The applicant requested to be tabled to the September 10,2018, planning commission meeting. Motion: Ms. Falcone moved, seconded by Mr. DiCarlo to table the Crocker Park Advertising/Wayfinding Kiosks Design Prototypes to the September 10, 2018, meeting. Meeting adjourned at 9:20 p.m. The next regular meeting is scheduled for September 10, 2018, in the Westlake City Hall Council Chambers. Councilmember Appel moved, seconded by Councilmember O'Donnell, to approve the William Bennett DDS Development Plan (addition) with the conditions listed in the report ofthe August 6,2018, planning commission. O'Donnell, Brady, Getsay, Killeen, Appel, Nunnari, Sullivan. LEGISLATION: ORDINANCE NO : AN ORDINANCE AUTHORIZING THE APPOINTMENT OF A SPECIAL/INDEPENDENT MUNICIPAL PROSECUTOR, AND DECLARING AN EMERGENCY. (Adopted 7/19/18, vetoed 7/26/18) Councilmember Nunnari moved, seconded by Councilmember Brady, to override the Mayor's veto of Ordinance No The Mayor requested the clerk to read his memo dated July 26, 2018, regarding his veto ofthis ordinance which is attached hereto and made a part hereof. ROLL CALL: Brady, Getsay, Killeen, Nunnari, Sullivan, O'Donnell. Appel; veto ofordinance No overridden. ORDINANCE NO : (SECOND READING) AN ORDINANCE AMENDING FOOTNOTE (i)(l) OF SECTION OF THE ZONING CODE. (First reading

6 Page 6 of12 and referred to planning commission 7/5/18, planning commission recommended approval with changes 8/6/18) '^ Councilmember Getsay moved, seconded by Councilmember O'Donnell, that Ordinance No be amended by substitution ofan amended ordinance. ROLL CALL ON AMENDMENT BY SUBSTITUTION: Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady. None; Ordinance No amended bysubstitution. Council President Killeen set a public hearing on Ordinance No for September20, ORDINANCE NO : (SECOND READING) AN ORDINANCE CONSIDERING A CONDITIONAL USE PERMIT FOR A DOG AGILITY COMPETITION AND OBEDIENCE TRAINING FACILITY. (First reading and referred to planning commission 7/5/18, planning commission recommended approval with conditions 8/6/18) Councilmember Appel moved, seconded by Councilmember Sullivan, that Ordinance No be amended by substitution ofan amended ordinance. ROLL CALL ON AMENDMENT BY SUBSTITUTION: Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay. None; Ordinance No amended by substitution. Council President Killeen set a public hearing on Ordinance No for September 20, ORDINANCE NO : (SECOND READING) AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 133 AS TO THE DEPARTMENT OF LAW. (First reading and referred to planning, zoning, legislative committee 7/19/18) Councilmember Getsay moved, seconded by Councilmember Nunnari, that Ordinance No be amended by substitution ofan amended ordinance. ROLL CALL ON AMENDMENT BY SUBSTITUTION: Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen. None; Ordinance No amended by substitution. ORDINANCE NO : (SECOND READING) ORDINANCE NO : AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A PERSONAL SERVICES CONTRACT WITH BIALOSKY + PARTNERS, ARCHITECTS, LLC AS TO ARCHITECTURAL AND ENGINEERING SERVICES FOR MARKET SQUARE, AND DECLARING AN EMERGENCY. (First reading and referred to public grounds, buildings, recreation committee 7/19/18) AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES.

7 Page 7 of12 Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that the rule requiring Councilmember Sullivan moved, seconded by Councilmember Nunnari, that Ordinance No be adopted. Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen, Appel. None; Ordinance No adopted. RESOLUTION NO : A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY FISCAL OFFICER. Councilmember O'Donnell moved, seconded by Councilmember Sullivan, that the rule requiring the resolution to be read in full on three separate dates be suspended, and that the same be placed Councilmember Appel moved, seconded by Councilmember Nunnari, that Resolution No be adopted. Sullivan, O'Donnell, Brady, Getsay, Killeen, Appel, Nunnari. None; Resolution No adopted. ORDINANCE NO : AN ORDINANCE APPROVING EXPENDITURES WITH BRAVO WELLNESS, LLC, AND DECLARING AN EMERGENCY. Councilmember O'Donnell moved, seconded by Councilmember Appel, that the rule requiring Councilmember Appel moved, seconded by Councilmember Nunnari, that Ordinance No be adopted. O'Donnell, Brady, Getsay, Killeen, Appel, Nunnari, Sullivan. None; Ordinance No adopted.

8 Page 8 of12 ORDINANCE NO : AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH NOACA FOR PERMANENT BICYCLE AND PEDESTRIAN DATA COLLECTION STATIONS, AND DECLARING AN EMERGENCY. Councilmember Nunnari moved, seconded by Councilmember Brady, that the rule requiring the ordinance to be read in full on three separate dates be suspended, and that the same be placed on third reading. Councilmember Appel moved, seconded by Councilmember Nunnari, that Ordinance No be adopted. Brady, Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell. None; Ordinance No adopted. ORDINANCE NO : AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO PLACE FUNDS ON DEPOSIT IN THE CUYAHOGA COUNTY PROBATE COURT, AND DECLARING AN EMERGENCY. Councilmember O'Donnell moved, seconded by Councilmember Appel, that the rule requiring Councilmember Appel moved, seconded by Councilmember Nunnari, that Ordinance No be adopted. Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady. None; Ordinance No adopted. ORDINANCE NO : AN ORDINANCE ACCEPTING VARIOUS PERMANENT HIGHWAY EASEMENTS, AND DECLARING AN EMERGENCY. Councilmember O'Donnell moved, seconded by Councilmember Appel, that the rule requiring

9 Page 9 of12 Councilmember Nunnari moved, seconded by Councilmember Getsay, that Ordinance No be adopted. Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay. None; Ordinance No adopted. ORDINANCE NO : AN ORDINANCE AMENDING SECTION ENTITLED "DEVELOPMENT PLANS REQUIRED" OF THE ZONING CODE OF THE CITY OF WESTLAKE. Council President Killeen referred Ordinance No to the Planning, Zoning, Legislative committee. ORDINANCE NO : AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO AS TO THE CONTRACT WITH A&J CEMENT CONTRACTORS FOR THE 2017 SIDEWALK REHABILITATION PROJECT FOR THE CITY OF WESTLAKE, AND DECLARING AN EMERGENCY. Councilmember O'Donnell moved, seconded by Councilmember Brady, that the rule requiring Councilmember Nunnari moved, seconded by Councilmember Appel, that Ordinance No be adopted. Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen. None; Ordinance No adopted. ORDINANCE NO : AN ORDINANCE ACCEPTING A BID AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE HIRING OF GENERAL LABORERS FOR THE CITY OF WESTLAKE WITH SAFE STAFFING OF OHIO, AND DECLARING AN EMERGENCY. CouncilmemberO'Donnell moved, secondedby CouncilmemberNunnari, that the rule requiring Councilmember Nunnari moved, seconded by Councilmember Appel, that Ordinance No be adopted. Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen, Appel.

10 Page 10 of12 None; Ordinance No adopted. RESOLUTION NO : A RESOLUTION ADOPTING THE CUYAHOGA COUNTY ALL-HAZARDS MITIGATION PLAN. Councilmember O'Donnell moved, seconded by CouncilmemberNunnari, that the rule requiring the resolution to be read in full on three separate dates be suspended, and that the same be placed Councilmember Appel moved, seconded by Councilmember Nunnari, that Resolution No be adopted. Sullivan, O'Donnell, Brady, Getsay, Killeen, Appel, Nunnari. None; Resolution No adopted. ORDINANCE NO : AN ORDINANCE ACCEPTING AN AMENDED AND RESTATED WATERSHED PRESERVE EASEMENT AGREEMENT FOR ACCESS AND STORM WATER FROM THE METROHEALTH SYSTEM, AND DECLARING AN EMERGENCY. /*%. Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that the rule requiring Councilmember Nunnari moved, seconded by Councilmember Getsay, that Ordinance No be adopted. O'Donnell, Brady, Getsay, Killeen, Appel, Nunnari, Sullivan. None; Ordinance No adopted. ORDINANCE NO : AN ORDINANCE AUTHORIZING THE MAYOR TO PARTICIPATE WITH THE OHIO DEPARTMENT OF TRANSPORTATION'S BID FOR SODIUM CHLORIDE IN ACCORDANCE WITH SECTION (B) OF THE OHIO REVISED CODE, AND DECLARING AN EMERGENCY. Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that the rule requiring /^ k

11 Page 11 of 12 Councilmember Nunnari moved, seconded by Councilmember Getsay, that Ordinance No be adopted. Brady, Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell. None; Ordinance No adopted. ORDINANCE NO : AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE TWO (2) NEW MODEL YEAR FORD F250 4X4 PICK-UP TRUCKS WITH SELECTED OPTIONS THROUGH THE STATE OF OHIO COOPERATIVE PURCHASING PROGRAM, AND DECLARING AN EMERGENCY. Councilmember O'Donnell moved, seconded by Councilmember Sullivan, that the rule requiring J0^\ Councilmember Appel moved, seconded by Councilmember Brady, that Ordinance No be adopted. Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady. None; Ordinance No adopted. Councilmember Appel moved, seconded by Councilmember Nunnari, that Ordinance No be added to the agenda. ROLL CALL ON ADDING TO AGENDA: Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay. None; Ordinance No added to agenda. ORDINANCE NO : AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EMPLOY ADDITIONAL LEGAL COUNSEL TO ASSIST IN LEGAL MATTERS, AND DECLARING AN EMERGENCY. Councilmember Getsay moved, seconded by Councilmember Nunnari, that the rule requiring the ordinance to be read in full on three separate dates be suspended, and that the same be placed on third reading. Councilmember Appel moved, seconded by Councilmember Nunnari, that Ordinance No be adopted.

12 COUNCIL PROCEEDINGS, SEPTEMBER 6, 2018 Page 12 of 12 Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen. None; Ordinance No adopted. MISCELLANEOUS: Councilmember Appel thanked Recreation Director DeMinico and all those who were involved in the Corporate Challenge as well as all who participated in the Westlake in Bloom event; acknowledged the hiring of two new school resource officers, the proactive approach and collaboration between the police and the schools; gave an update on the opioid quick response team; and announced a presentation ofrobby's Voice on September 12 at the Senior and Community Services Center. Councilmember O'Donnell thanked the police, fire and service departments for their response following yesterday's storm. ADJOURNMENT: President of Council Killeen declared the meeting adjourned at 9:04 p.m. Denise L. Rosenbaum, CMC Clerk ofcouncil Ivtfcl^fel F.T^Illeen President ofcouncil

13 TJie_Cily^eslla DIAMS M. (I.Ot (ill. MAYOR OFFICE OF THE MAYOR Hilliard Blvd. Phone: Westlake, OH Fax: MEM( TO: FROM: DATE: RE: CLERK OF COUNCIL DENISE ROSENBAUM MAYOR DENNIS M. CLOUGH JULY 26, 2018 ORDINANCE JUL CLERK OF COUNCIL CITY OF WESTLAKE Dear City Council, After further review of ordinance , I have decided to respectfully veto this ordinance in accordance with Article II, Section 5(c) of the Westlake Charter, for the following reasons: 1) Chapter (a) (copy enclosed) currently provides the Director oflaw with the ability to employ additional legal "as necessary to assist in all litigation matters, including trial preparation and conduct oftrials and such other and further duties as my be directed by the Director of Law". 2) Ordinance does not clearly indicate the need to be "declaring an emergency" for its enactment. 3) Ordinance is more restrictive in its employment ofa "special/independent municipal prosecutor" than section ofthe Administrative Code. 4) Ordinance clearly causes confusion as to which ordinance shall take precedent (the original ordinance passed on or the newly passed ordinance). 5) I do not have an objection for the occasional need for outside counsel as determined by the law director but feel that City Council has already provided for those circumstances with the enactment ofsection of the Administrative Code. Sincerely, DMC/jd Enclosure cc: Michael Maloney, Director of Law Dennis M. Clough Mayor

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15 02 ADMINISTRATIVE CODE \ AUTHORITY TO EMPLOY ADDITIONAL COUNSEL. (a) The Director of Law is hereby authorized to employ legal counsel ofthe choice of the Director, with the approval of the Mayor, as necessary to assist in all litigation matters, including trial preparation and conduct of trials and such other and further duties as may be directed by the Director of Law. (b) The compensation to be paid to such legal counsel shall be a maximum amount of one hundred forty dollars ($140.00) per hour for the performance ofsuch work. (Ord Passed ) April 2005 Replacement