Regular Meeting of the Lakewood City Council called to order at 7:30 P.M. by President Seelie.

Pledge of Allegiance

Roll Call

Moment of Silence
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Present: Councilmembers Brian T. Corrigan, Denis P. Dunn, Edward FitzGerald, Thomas J. George, Nancy J. Roth, Robert Mr. Seelie, Michael J. Skindell.
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Also Present: Mayor Cain, Law Director Spellacy, Police Chief Clark, Finance Director Blasko, City Engineer Kilgore, Planning & Development Director Pietravoia, Executive Assistant to the Mayor Benjamin, Assistant Safety Director for the Division of Building & Housing Gallagher.
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Motion by Mr. George, seconded by Mr. Seelie, to approve the minutes of March 4, 2002 and May 6, 2002 without the necessity of reading.

Motion adopted. All members voting yea.

Without objection from Council Items 19, 20, 13, 14, 17, 18, 21, 22 and 23 Add-on 32,33,34,35 were read before old business in that order.

{No person signed for public comment}

****OLD BUSINESS****

1. Committee of the Whole Report regarding Community Development Plan for “West End” District; Ordinances 103 and 104-02 . (Pg. 5)

Motion by Mr. Seelie, seconded by Mr. George, to receive and file this report.

Motion adopted. All members voting yea.
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2. ORDINANCE NO. 103-02 – AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into such contracts, with a consulting firm and other professional services as necessary to provide but not limited to, inspections, studies, plans, surveys and reports in connection with the preparation of a Community Development Plan for the “West End” District in accordance with Chapter 153 of the Codified Ordinances of the City of Lakewood, contracts not to exceed Forty-Five Thousand Dollars ($45,000.00). (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 4/15/02, PLACED ON 2ND READING 5/6/02)(Pg. 7)

Motion by Mr. Seelie, seconded by Mr. George, to adopt Ordinance No. 103-02.

Motion adopted. All members voting yea.
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3. ORDINANCE NO. 104-02 – AN EMERGENCY ORDINANCE adjusting appropriations for expenditures in the General Fund for the fiscal year ending December 31, 2002 for the purposes of professional consulting services in connection with preparation of a Community Development Plan for the “West End” District in accordance with Chapter 153 of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 4/15/02), PLACED ON 2ND READING 5/6/02(Pg. 8)

Motion by Mr. Seelie, seconded by Ms. Roth, to amend Ordinance No. 104 02 to insert “Ordinance No. 103-02” in the blank of the third “Whereas” clause.

Motion adopted. All members voting yea.
Ordinance No. 104 02 amended.

Motion by Mr. Seelie, seconded by Ms. Roth, to adopt Ordinance No. 104 02 as amended.
Motion adopted. All members voting yea.
Ordinance No. 104 02 adopted as amended.
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4. Committee of the Whole Oral Report regarding Administrative Salary Bands.

Mr. Seelie submitted the oral report stating that the Committee met that night regarding Administrative Salary Bands. He said the ordinance provides for a four percent cost of living increase, comparable to increases in collective bargaining units. He indicated a number of classification changes were made as a result of the Slavin Management consulting firm to provide pay equity.

Motion by Mr. Seelie, seconded by Mr. George, to receive and file this oral report.

Mr. George said there was a 3 to 3 – tie vote in Committee on the motion to re-instate the photo technician whose position had been eliminated in Budget Hearings. He said it was voiced in Committee that a technician was needed for requests from the press, law enforcement, to process existing information and to process photos currently there. He said the photo-technician position was a level 3 position.

Motion adopted. All members voting yea.
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5. ORDINANCE NO. 105-02 – AN EMERGENCY ORDINANCE creating positions and rates of pay for full-time and certain part-time annual salaried employees and hourly rate employees not covered by a collective bargaining agreement in the several departments, divisions and offices of the City of Lakewood, effective April 1, 2002, and for the Chief of Fire, Chief of Police and Civil Service Commissioners, effective January 1, 2002. (placed on 1st reading & REFERRED TO THE COMMITTEE OF THE WHOLE 4/15/02, PLACED ON 2ND READING 5/6/02)(Pg. 9)

Motion by Mr. George, seconded by Mr. Seelie, to amend Ordinance No 105-02 by inserting in level 3 the position of photo technician.

Mayor Cain indicated there was no intention to fill the position stating there was no need for a photo lab technician.

Police Chief Clark indicated no police officer would pick up the duties of processing film for the Department because the technology was now completely digital. He said photographs that needed to be processed in the old manner would be sent out and covered by the cost charged for producing the photographs, that film processing equipment was on the City auction list, and that there was no reason to retain that employee.

Mr. Skindell said he understood that digital technology had made film processing task obsolete but said some processing was still involved in filling out requests for photographs. He said he learned the photo technician was a great resource to the Police Department dealing with the computer system and providing relief for various day to day tasks. He further said he shared a recommendation with another councilmember made in the Finance Committee that the varied skills manifested in the photo lab technician be incorporated in a position in Information Systems.

Mr. FitzGerald said in talking with detectives he’s learned that municipalities which provide their detectives a wealth of support in equipment and support staff have detectives with time to put quality investigative work into clearing cases. He said he would be voting for the amendment.

Mr. Seelie said the name of the position could be changed at any time, but that the position was necessary and that he was in favor of adding the position.

Yeas: Corrigan, FitzGerald, George, Seelie,
Nays: Dunn, Roth, Skindell

Ordinance No. 105 02 amended.

Motion by Mr. Seelie, seconded by Mr. George, to adopt Ordinance No. 105 02 as amended.

*Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell, Smith
Nays: None.
Ordinance No. 105 02 adopted as amended.
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6. ORDINANCE NO. 106-02 – AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into an agreement with Dr. Susan Ross, d.b.a. Optometric Arts, Inc. for participation in the Lakewood Business Investment Program (BIP) of the Economic Development Fund (EDF) for a zero-percent (0%) interest loan in an amount not to exceed Forty Thousand Dollars ($40,000.00). (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/15/02, PLACED ON 2ND READING, REPORTED OUT ON AND RECOMMENDED FOR ADOPTION 5/6/02) (Pg. 22)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 106-02

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None
Ordinance No. 106–02 adopted.
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7. ORDINANCE NO. 107-02 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Finance to sell, through public auctions, various obsolete, surplus and non-functioning City vehicles, materials and/or equipment. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/15/02. PLACED ON 2ND READING, REPORTED OUT ON AND RECOMMENDED FOR ADOPTION 5/6/02)(Pg. 24)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 107-02.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None
Ordinance No. 107–02 adopted.
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8. ORDINANCE NO. 108-02 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Finance to sell, through trade-in, one 1983 Terex Model 40C front-end loader in conjunction with the purchase of a new front-end loader. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEEE 4/15/02, PLACED ON 2ND READING, REPORTED OUT AND RECOMMENDED FOR ADOPTION 5/6/02)(Pg. 25)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 108-02.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None
Ordinance No. 108–02 adopted.
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9. Public Safety Committee Oral Report regarding Safety Procedures for Helicopters.

Mr. Dunn said the Public Safety Committee met that night to follow up on concerns made at a Council Meeting in January from a Bunts Road resident regarding the life-flight helicopter landings at Lakewood High School. Mr. Dunn reported the resident routinely experienced turbulence, debris, and on one occasion property damage as a result of the landings. Mr. Dunn said the Committee heard from Police, Fire, EMS, Lakewood Public School, Lakewood Hospital and Metro Hospital Life-Flight representatives and administrators . He said the meetings resulted in the following recommendations; re-locating the landing from the gravel parking lot to the more centrally located baseball diamond, a quarterly review of all landings by the EMS Commission to ensure the helicopter flights were for medical necessity and that guide-lights be placed on the utility pole in the area. Mr. Dunn said the Committee agreed the recommendations were sound and that they met with approval of the resident. Mr. Dunn added that there were about 10-12 landings made per year.

Motion by Mr. Dunn, seconded by Mr. Seelie, to receive and file this oral report.

Motion adopted. All members voting yea.

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10. Public Safety Committee Oral Report regarding Surplus Fire Alarm Boxes – Ordinance No. 83-02.

Mr. Dunn reported that the surplus fire alarm boxes served no practical purpose to the City but had great sentimental value for retiring firefighters. He said the Public Safety Committee recommended adoption of the Ordinance.

Motion by Mr. Dunn, seconded by Mr. Seelie, to receive, file and concur in this report.

Motion adopted. All members voting yea.
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11. ORDINANCE NO. 83-02 – An ORDINANCE authorizing the Fire Chief to make a gift of surplus fire alarm boxes to members of the Lakewood Division of Fire upon their retirement in recognition and in commendation for their years of dedicated public service. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 3/18/02, PLACED ON 2ND READING 4/1/02)(Pg. 26)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 83-02.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None
Ordinance No. 83–02 adopted.
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12. ORDINANCE NO. 110-02 – AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into an agreement with the North Union Farmers Market for participating in the Economic Development Fund (EDF) for Five Thousand Dollars ($5,000.00) for purposes of working capital to oversee and administer the farmers market in the City of Lakewood during the 2002 season. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 5/6/02)(Pg. 27)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 110-02 on Second Reading and refer to the Committee of the Whole.

Motion adopted. All members voting yea.

****NEW BUSINESS****

13. Communication from Councilmembers Dunn and Roth regarding Resolution to convene an Artists’ Summit and Exhibit in Lakewood on Wednesday, September 25, 2002. (Pg. 28)

Motion by Ms. Roth, seconded by Mr. Dunn, to receive and file communication.

Mr. Dunn supplemented his communication stating that he has worked with Tom Schorgl who is the executive director for community partnerships for Arts & Culture. He said support for the arts had an economic incentive, and stimulates business. He said he would like to incorporate the schools in the summit as much as possible because he was made aware that school systems that have funding for the arts show that student SAT scores are several points higher than schools that do not have adequate funding for arts and cultural programs.

Ms. Roth mentioned area colleges and other colleges training in the dramatic arts, the Cleveland Institute of Art, the Cleveland Artist archives located at the Beck Center, and several local galleries.

Motion adopted. All members voting yea.
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14. RESOLUTION NO. 7659-02 – A RESOLUTION to convene an Artists’ Summit and Exhibit on Wednesday, September 25, 2002 for the purpose of promoting and supporting artists and cultural institutions in Lakewood, underscoring the importance of the arts to this community and our local economy, and to further develop, define and encourage public-private partnerships and strategies that will promote the objectives as set forth herein. (Pg. 30)

Motion by Ms. Roth, seconded by Mr. Seelie, to adopt Resolution No. 7659-02.

Motion adopted. All members voting yea.
{Item 17 followed Item 14)
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15. Communication from Councilmember Seelie regarding Support of House Bill 480 and Senate Bill 221 – (bills providing for increased protection for companion animals against acts of animal cruelty). (Pg. 32)

Motion by Mr. Seelie, seconded by Mr. George, to receive and file this communication.

Motion adopted. All members voting yea.
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16. RESOLUTION NO. 7660-02 – A RESOLUTION to support passage of House Bill 480 and Senate Bill 221 which are pending in the Ohio House and Senate, and urging that these bills be moved out of committee with recommendation for passage by the House and Senate. (Pg. 33)

House Bill 480 and Senate Bill 221 increase the penalty imposed for certain acts of animal cruelty, including, but not limited to, abandonment or acts of cruelty committed while committing criminal trespass. The bills would prohibit the owner or keeper of a companion animal from knowingly or negligently engaging in acts of cruelty including, but not limited to, torturing or maiming, and failing to provide food, water and shelter, and increases the penalties imposed for such acts.

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7660-02.

Motion adopted. All members voting yea.
{Item 24 followed item 16}
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17. Communication from Councilmember Corrigan regarding Resolution honoring Roy Beppler. (Pg. 34)

Motion by Mr. Corrigan, seconded by Mr. Skindell, to receive and file this communication.

Motion adopted. All members voting yea.
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18. RESOLUTION NO. 7661-02 – A RESOLUTION honoring Roy Beppler for his thirty-four years of service with the Lakewood Community Recreation and Education Department. (Pg. 35)

Motion by Mr. Corrigan, seconded by Mr. George, to adopt Resolution No. 7661-02.

Motion adopted. All members voting yea.
{Items 21, 22, and 23)
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19. Communication from Councilmember Roth regarding Designation of Lakewood’s First Dog named Sarah Nelson. (Pg. 36)

Motion by Ms. Roth, seconded by Mr. Seelie, to receive and file this communication.

Motion adopted. All members voting yea.
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20. RESOLUTION NO. 7662-02 – A Resolution recognizing designating Sarah Nelson as “Lakewood First Dog” for 2002. (Pg. 37)

Motion by Ms. Roth, seconded by Mr. Skindell, to adopt Resolution No. 7662-02.

Motion adopted. All members voting yea.
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21. Communication from Councilmember Roth regarding Resolutions for the Berkshire Condominium Association and Dr. Weidel-Lovoff. (Pg. 38)

Motion by Ms. Roth, seconded by Mr. George, to receive and file this communication.

Motion adopted. All members voting yea.
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22. RESOLUTION NO. 7663-02 – A RESOLUTION commemorating the Berkshire Condominium’s Fiftieth Anniversary. (Pg. 39)

Motion by Ms. Roth, seconded by Mr. George, to adopt Resolution No. 7663-02.

Motion adopted. All members voting yea.
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23. RESOLUTION NO. 7664-02 – A RESOLUTION commemorating Dr. Mary Weidel-Lovoff as the longest continuous resident at the Berkshire. (Pg. 40)

Motion by Ms. Roth, seconded by Mr. Seelie, to adopt Resolution No. 7664-02.

Motion adopted. All members voting yea.

{ADD-ONS were read following item 23}
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24. Communication from Councilmember Roth regarding Council Committee Meeting Notification. (Pg. 41)

Motion by Ms. Roth, seconded by Mr. George, to receive, file and refer this communication to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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25. ORDINANCE NO. 111-02 – AN ORDINANCE to create a new section within Chapter 121, Council, of the Codified Ordinances of the City of Lakewood for the purpose of defining notification procedures for Council Committee meetings. (Pg. 42)

Motion by Ms. Roth, seconded by Mr. George, to place Ordinance No. 111-02 on First Reading and refer it to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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26. Communication from Planning & Development Director Pietravoia regarding Economic Development Fund approval for the Creation of Lakewood Community Progress, Inc. (LCPI). (Pg. 44)

Motion by Mr. George, seconded by Mr. Seelie, to receive, file and refer this communication to the Committee of the Whole.

Ms. Roth asked if the Economic Development Committee was an internal committee and Planning and Development Director Pietravoia responded that it was. She asked if no new staff would be hired what the $20,000 would be spent on. Mr. Pietravoia responded it would be used for specific economic development projects and some start up costs associated with incorporating with the State. He further stated that most of that cost would be covered by the Chamber’s contribution and the City’s contribution would be specific to economic development project activities. Ms. Roth asked that the number of people chosen from each entity (how many from the Administration, City Council, private sector) making up the Committee be provided in preparation of the Committee meeting.

Mr. Skindell said he would like in preparation of the Committee meeting information on the history of the Community Development Corporation including why the City disbanded the Corporation five or six years ago and merged it with the City of Lakewood.

Motion adopted. All members voting yea.
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27. ORDINANCE NO. 112-02 – AN ORDINANCE authorizing the Mayor or her designee to enter into an agreement with Lakewood Community Progress, Inc. (LCPI), a non-profit economic development corporation, upon its creation, to provide Ten Thousand Dollars ($10,000.00) from the City of Lakewood’s Economic Development Fund (EDF) for purposes of matching the Lakewood Chamber of Commerce’s contribution of Ten Thousand Dollars ($10,000.00) to provide initial funding for LCPI. (Pg. 46)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 112-02 on First Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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28. Communication from Planning & Development Director Pietravoia regarding Renewal of the Cuyahoga Housing Consortium Membership. (Pg. 47)

Motion by Mr. Seelie, seconded by Mr. George, to receive, file and refer this communication to the Housing Committee.

Motion adopted. All members voting yea.
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29. RESOLUTION NO. 7665-02 – AN EMERGENCY RESOLUTION authorizing the Mayor of the City of Lakewood to enter into an amended and restated agreement with the cities of Cleveland Heights, Euclid, Parma and the County of Cuyahoga, Ohio for the continued operation of the Cuyahoga Housing Consortium to make joint application for and administer federal funds available under the HOME Program, said funding authorized by the Cranston-Gonzales National Affordable Housing Action of 1990. (Pg. 48)

Motion by Mr. Skindell, seconded by Mr. George, to receive, file and refer this Resolution to the Housing Committee.

Motion adopted. All members voting yea.
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30. Liquor Permit Application for a new D1 classification to Tyson Food Group LTD LLC d/b/a Donatos Pizza, 18100 Detroit Avenue, Lakewood, Ohio 44107. (Pg. 50)

Motion by Mr. Dunn, seconded by Mr. Seelie, to defer action on this item until the next meeting.

Motion adopted. All members voting yea.
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31. Liquor Permit Application for a new D1 classification to Moodley Inc. d/b/a Rockwood Subs & Suds, 11900 Madison Avenue, Lakewood, Ohio 44107. (Pg. 52)

Motion by Mr. Dunn, seconded by Ms. Roth, to defer action on this item until the next meeting.

Motion adopted. All members voting yea.

ADD-ONS
32. Communication from Mayor Cain regarding Honoring St. Edward High School’s Hockey, Wrestling and Basketball Teams.

Motion by Mr. George, seconded by Mr. Skindell, to receive and file this communication.

Motion adopted. All members voting yea.
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33. RESOLUTION NO. 7666-02 – A RESOLUTION to honor the St. Edward High School Eagles Varsity Basketball Team for their outstanding performance during the 2001-2002 Basketball Season.

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7666-02.

Motion adopted. All members voting yea.
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34. RESOLUTION NO. 7667-02 – A RESOLUTION to honor St. Edward High School Eagles Hockey Team for their outstanding performance during the 2001-2002 Hockey Season.

Motion by Mr. Seelie, seconded by Mr. George, to adopt Resolution No. 7667-02.

Motion adopted. All members voting yea.
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35. RESOLUTION 7668-02 – A RESOLUTION to honor the St. Edward High School Eagles Wrestling Team for their outstanding performance during the 2001-2002 Wrestling Season.

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7668-02.

Motion adopted. All members voting yea.
{Item 1 was read after Item 35}
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Mayor Cain indicated there will be a joint veterans ceremony 10:00 a.m. Monday morning at Lakewood Park Cemetery. The High School and middle school students in H20 will be providing the flags.
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*Motion by Mr. Skindell, seconded by Mr. Seelie that Mr. Dunn’s vote be changed to affirmative in the adoption of Ordinance No. 105-02.

Mr. Dunn stated he wanted his vote to reflect his opposition to Councilmember *George’s motion to create a new position on the salary band but wanted to register support of the salary ordinance in total.

Motion adopted. All members voting yea.
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Motion by Mr. Seelie, seconded by Mr. Corrigan to adjourn the meeting.

Meeting adjourned 9:03 P.M.

Approved:___________________ ________________________
PRESIDENT

________________________
CLERK