Mayfield Heights Council Complaint Against Mayor Dismissed

A complaint filed by City Council to get details of Mayor Gregory Costabile's gas well lease has been dismissed, but that may not be the end of the matter.

Costabile's attorney, John Burke, had filed a motion to dismiss the complaint and the motion was granted by Cuyahoga County Common Pleas Court Judge Michael J. Russo.

"It didn't follow the law," Costabile said. "When that's the case, it usually gets dismissed."

However, Council President Michael Ballistrea said issues brought up in the complaint still haven't been settled and are being reviewed by the Ohio Board of Ethics and Cuyahoga County Prosecutor's Office.

"It's no secret that somebody lodged a complaint with the county. It wasn't from the council, it was a resident," Ballistrea said.

Ballistrea, who was joined by council members Ronald Kobunski, Donna Finney and the late David Sasak in voting to hire an attorney to investigate the mayor's lease, said that Seagull Development Corporation already had the 20 acres it needed for a well near Costabile's property on Ridgebury Boulevard.

He said Costabile's acre was the 21st acre of the gas well aggregation and a neighboring property was also added to bring the acreage to 22. However, neither of those properties provide any additional benefit to Seagull, Ballistrea said.

"Does that not send up a red flag? Why would Seagull pay so much for a property it didn't even need?" Ballistrea said.

Costabile said he doesn't have to release details of a private lease and cannot do so because of a confidentiality agreement. He also said there has been no conflict of interest on his part and he was never in a position to influence city business with Seagull. He excused himself from business involving a city contract granting an easement to Seagull in 2009.

As for the matter being reviewed by prosecutors, Costabile said he was not aware of any investigation or legal action other than the complaint that was dismissed.

"I have not been contacted by any other entity," he said.

Costabile said the gas well lease has become a personal matter with Ballistrea and that the council president should pay the legal fees involved with the complaint - council had authorized spending up to $15,000 of city funds.

"His personal stamp is all over the complaint," Costabile said of Ballistrea.

He added that he hoped the complaint being dismissed might convince council members to drop the issue.

"I would hope that the light bulb would go off. They've been advised that there's nothing there," Costabile said.

Ballistrea said the fact that the county thinks there's something to investigate indicates that there is reason to question the lease.

"Even if it's dismissed at that level, it was something that I don't think he should have gotten involved with," Ballistrea said.

He added that he was asked to join a gas well aggregation group and declined because it didn't think it was appropriate thing for a public official to do.