MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
SEPTEMBER 3, 2002
7:30 P.M.
Regular Meeting of the Lakewood City Council called to order at 7:32 P.M. by
President Seelie.
Pledge of Allegiance
Roll Call
Moment of Silence
….
Present: Councilmembers Brian T. Corrigan, Denis P. Dunn, Edward FitzGerald,
Thomas J. George, Nancy J. Roth, Robert M. Seelie, Michael J. Skindell.
….
Also Present: Mayor Cain, Police Chief Malley, Law Director Spellacy, Public
Works Director Boag, Finance Director Blasko, Executive Assistant to the Mayor
Benjamin, Human Services Director Carey, Engineer Kilgore, Superintendent of
Water Brady.
Motion by Mr. George, seconded by Mr. Seelie, to defer the reading of the minutes.
Motion adopted. All members voting yea.
….
Without objection from Council Item No. 37, 38, 35 and 36 were brought forward
in that order to the beginning of the agenda before Public Comment.
****OLD BUSINESS****
1. Committee of the Whole Oral Report regarding Wireless Communication Tower Lease at Winterhurst Ice Rink – Ordinance No. 117-02.
Mr. Seelie reported the following:
The Committee of the Whole met this evening right after the Public Works Committee met. The Committee of the Whole voted 3 to 1 to put up the cell tower.
Mr. George said that the tower lease as provided to Council will allow for a Police and Fire communications apparatus which ordinarily would cost the city some thousands of dollars to erect independently. He said that there was concern about North Olmsted where there are lay-offs and understood government should not exist as a revenue producing entity but said that if presented with an opportunity to raise revenue in a responsible way he said this was an issue.
Motion by Mr. Seelie, seconded by Mr. George to receive and file the oral report.
Motion adopted. Six members voting yea.
Abstention. Mr. Dunn
…
2. Public Works Committee Oral Report regarding Wireless Communication Tower
Lease at Winterhurst Ice Rink – Ordinance NO. 117-02.
Mr. Corrigan reported the following:
Public Works Committee met prior to Committee of the Whole Meeting, in attendance were many members of Council and heard the presentation from the Law Department, Administration, representatives from Everclear Communications on behalf of AT&T Wireless. The Public Works Committee met on the end of June, in the middle of July,. Several issues arose regarding site plan and lease agreement. Those issues were addressed by both the City’s Law Department and Walter Haverfield form the City’s expert lawyers in telecommunications and cable. A revised version of the lease is before Council. The proposed cell tower is 150 foot, would carry AT& T’s signals, three other carriers and most importantly the City’s safety services communications. He said that this is a need that will have to be addressed in the next 2-3 years at an expense of $60,000. He said that if this was passed tonight it would provide for the City’s communications services. He said mutual aid, Rocky River, Bay Village, will come and help the City of Lakewood and 90 percent of the time the City of Lakewood is going out to Rocky River and Bay Village to help them fight fires. He said this would add to the reliable communications from signals from them to Lakewood safety forces. The lease arrangement provides for the City to be paid $90,000 for a period of five years up front. He said that this compared with Strongsville lease arrangement with another communications system and they are getting paid in monthly increments a little bit more but they are getting paid $105,000 over the next five years. We are getting paid $90,000 in one lump sum payment. It was my recommendation and was not the recommendation of the Public Works Committee that this be passed. He said because Councilmember Dunn had to recuse himself because of his job, and Councilmember Skindell of the Committee voting no, that the Public Works Committee could make no recommendation.
Motion by Mr. Corrigan, seconded by Mr. Seelie to receive and file the oral report.
Motion adopted. Six members voting yea.
Abstention. Mr. Dunn
3. ORDINANCE NO. 117-02 – AN EMERGENCY ORDINANCE requesting Council’s approval of and authorizing the Mayor to enter into a lease for a portion of property located at 14740 Lakewood Heights Boulevard, Lakewood, Ohio for the placement of a wireless telecommunications tower. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 6/3/02, PLACED ON 2ND READING 6/17/02, REFERRED BACK TO THE PUBLIC WORKS COMMITTEE 7/1/02, REFERRED TO COMMITTEE OF THE WHOLE AND BACK TO THE PUBLIC WORKS COMMITTEE 7/15/02) )(Pg. 8)
Motion by Mr. Skindell, seconded by Ms. Roth to table the Ordinance.
Mr. George said asked if the amendment that was discussed should be addressed first relative to questions about possible damage to the site during the construction of the tower. Language that protects the City.
Mr. Spellacy Referenced changes in Section 2, the substitute presented that evening to both the Public Works Committee and the Committee of the Whole. He said originally there was one change in Section 2 – in that the proceeds would go to the Winterhurst Enterprise Fund. The addition, now suggested that would cover what Councilman George raised. He said Section 2. would now read, “Lakewood City Council hereby approves the lease agreement by and between AT&T Wireless PCS of Cleveland and the City of Lakewood, Ohio, 12650 Detroit Avenue in Lakewood, Ohio attached hereto is exhibit A which may be amended to include additional protections to the City with regard to damage to adjacent property. He said, that after some thought, their construction bond would also cover any damage but that that would put additional language in the agreement itself. He said that he talked with Sean who was with us earlier and who did not see that as an issue.
Ms. Roth said that it was her understanding that the Cell Tower did not meet the Zoning Code.
Mr. Spellacy responded that it was not an easy yes or no answer because some items do meet the Code and some do not, however, the City was not obligated- that the City is excluded in telecommunication towers to meet those requirements.
Ms. Roth said that she previously suggested hiring a person to market Winterhurst when first presented with financial concerns during Budget Hearings. She said the proposed location was visible. She said there was a lot of discussion when a cell tower was proposed in Ward 1 and the quality of life for people living near that proposed site was considered. She said the goal was to get more people to the ice skating rink and that erecting the tower would make it less attractive. She asked why it couldn’t be placed on Berea Road. She said she was told that the range of communications would not extend into the City. She said she couldn’t believe that.
On the motion to table.
Yeas: FitzGerald, Roth, Skindell
Nays: Corrigan, George, Seelie
Abstention: Dunn
Motion fails.
Motion by Mr. Seelie, seconded by Mr. George to defer and refer it back to Public Works Committee.
Motion adopted. Six members voting yea.
Abstention. Mr. Dunn.
….
4. Committee of the Whole Oral Report regarding contracting authority and appropriations
for the proposed Off-Leash Dog Park.
Mr. Seelie reported the following:
Committee of the Whole met that evening. Of five individuals present, the Chair, made a motion to place the Ordinance on second reading because of the understanding that a group called FIDO said they were going to cover any additional expenses. There is no written contractual language from FIDO. He said that money is being spending money and there is no guarantee of money. He said there is also an agreement between Metroparks that is not in writing which is going to cost Metroparks a few thousand dollars in their time and equipment. I recommended that we get things in writing before spending taxpayer’s dollars and placing the ordinance on second reading. I was over-ruled and the motion was 3 to 1 to go ahead and pass this.
Motion by Mr. Seelie, seconded by Mr. George to receive and file the report.
Motion adopted. All members voting yea.
….
5. ORDINANCE NO. 68-01B – AN ORDINANCE amending Ordinance No. 68-01A,
passed April 1,2002, for the purpose of increasing the contracting authority
for the Director of Public Works to engage architectural and/or engineering
firms to provide professional services in the design and preparation of specifications
and contract administration and to advertise for bids and enter into a contract
with the lowest and best bidder for Park Improvements in accordance with the
Administrative Code of the City of Lakewood, contracts not to exceed the specified
amounts shown without separate resolution of Council. (PLACED ON 1ST READING
& REFERRED TO THE COMMITTEE OF THE WHOLE 7/30/02).(Pg. 14)
Motion by Mr. Skindell, seconded by Mr. Dunn, to suspend the rules requiring
this Ordinance be read on three separate days and placing Ordinance No. 68-01B
on final reading.
Yeas: Corrigan, Dunn, George, Skindell, FitzGerald, Roth
Mr. FitzGerald and Ms. Roth passed on vote until end
Nays: Seelie
Motion adopted. Rules suspended.
Motion by Mr. Skindell, seconded by Mr. Dunn, to adopt Ordinance No. 68-01B.
Mr. George indicated Mr. Seelie’s comments had merit and said he thought the project had merit with or without FIDO’s involvement. He said he was unsure as to their contributions. He said that Mr. Boag was assured that the Metroparks would make appropriate arrangements.
Mr. Seelie said his experience was that others have stood before the body pledging
monetary support. He said in this instance he asked that something be put in
writing and was not provided that.
On the motion to adopt.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Skindell
Nays: Seelie
Motion adopted. Ordinance No. 68-01B adopted.
….
(The following ordinance number was duplicated 7/30/02 and is now appropriately
numbered 134-02}
6. ORDINANCE NO. 131-02 134-02 – AN EMERGENCY ORDINANCE adjusting appropriations
for expenditures in the General Fund for the fiscal year ending December 31,
2002 for the purpose of building a Dog Park/Run in the City of Lakewood. (PLACED
ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 7/30/02.) (Pg. 16)
Motion by Mr. Skindell, seconded by Mr. Dunn, to suspend the rules requiring
this Ordinance be read on three separate days and placing Ordinance No. 134-02
on final reading.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Skindell
Nays: Seelie
Motion adopted. Rules Suspended.
Motion by Mr. Skindell, seconded by Mr. Dunn, to adopt Ordinance No. 134-02.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Skindell
Nays: Seelie
Motion adopted. Ordinance No. 134-02 adopted.
….
7. Rules & Ordinances Committee Report regarding Ordinance Nos. 132-02 and
133-17).
Motion by Mr. Skindell, seconded by Mr. George, to receive and file the Report.
Motion adopted. All members voting yea.
….
8. ORDINANCE NO. 132-02 - AN EMERGENCY ORDINANCE approving the plan of operation
and governance for the NOPEC Gas Aggregation Program for the purpose of jointly
establishing and implementing a Gas Aggregation program. (PLACED ON 1ST READING
& REFERRED TO THE RULES & ORDINANCES COMMITTEE 7/30/02). (Pg. 18)
Motion by Mr. Skindell, seconded by Mr. George, to suspend the rules requiring
this Ordinance be read on three separate days and placing Ordinance No. 132-02
on final reading.
Ms. Roth asked about the need to suspend the rules. Mr. Skindell responded
that the need for the suspension is for Lakewood to participate in the aggregation
program for the winter season. NOPEC is under a time schedule to send out notices.
Mr. George indicated that the time restrictions reflect the desire to get the
program up and running when the gas bills are the highest cost for Lakewood
residents to take advantage of the program when bills would be high.
Ms. Roth mentioned a press release put out by NOPEC indicating they had secured
a six percent discount for residents.
Mr. Skindell said that at the Committee Meeting August 7th and prior meetings
NOPEC said that a five percent discount. He said they were negotiating something
for businesses but did not have information. Mr. Skindell said that he had a
concern about the formula NOPEC used, should the City two years from now decided
to withdraw from the program. He said in the contract the City would be charged
certain fees but didn’t specify manner it would be calculated. He said
NOPEC did forward a letter to the Mayor’s Office showing how those fees
would be calculated.
NOPEC indicated there was an August 15 deadline. Most communities adopted this right away. They pushed that back for the City of Lakewood to do the mailing. On July 15th, I didn’t vote for suspension – there were questions about the fees, time to withdraw and the program itself. This was the same agreement – and the only additional item is that there is a communication on file in the Mayor’s Office – the withdraw fee calculations are on file.
Ms. Roth mentioned that some people have signed contracts with Dominion for
thee and four years out. She asked if the contract, if people move to NOPEC,
what is …
Mr. Skindell indicated that the only people who will be receiving the notice
are those people who are still using Dominion East Ohio Gas as their default
provider. Only those residents that have no signed contracts with any other
provider.
Ms. Roth indicated that she originally did not want to vote for suspension of the rules because she had not been provided the contract in a timely fashion.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Rules suspended.
Motion by Mr. Skindell, seconded by Mr. Seelie, to adopt Ordinance No. 132-02.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 132-02 adopted.
Mr. Seelie asked for an opinion from the Law Director regarding the motion
“pass”. He said he wanted to make sure it was appropriate.
….
9. ORDINANCE NO. 133-02 – AN EMERGENCY ORDINANCE authorizing the Mayor
to enter into an agreement with Northeast Ohio Public Energy Council (NOPEC)
for the provision of Gas Aggregation Services in the City of Lakewood with opt-out
provisions pursuant to Ohio Revised Code 4929.26 and pursuant to the approval
of the electors of the City of Lakewood on May 7, 2002. (PLACED ON 1ST READING
& REFERRED TO THE RULES & ORDINANCES COMMITTEE 7/30/02). (Pg. 19)
Motion by Mr. Skindell, seconded by Mr. George, to suspend the rules requiring
this Ordinance be read on three separate days and placing Ordinance No. 133-02
on final reading.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Rules suspended.
Motion by Mr. Skindell, seconded by Mr. George to adopt Ordinance No. 133-02.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 133-02 adopted.
….
10. Rules & Ordinances Committee Oral Report regarding various Ordinances
amending Sections of the General Offenses Code of City of Lakewood.
Mr. Skindell reported the following:
Rules and Ordinances Committee met March 14, April 1st, April 15th to review
a number of proposed ordinances brought forward by Law Director Spellacy to
update the City’s criminal Code. Present at the Committee were Councilmembers
Skindell and George, Law Direct Spellacy and Assistant Law Director Mladek and
then Police Chief Clark. The Ordinances allow City’s Code to be consistent
with Ohio Revised Code. The Committee voted passage of the following ordinances.
Mr. Skindell said at this point the Committee was still dealing with multiple
ordinances.
Ordinance 11-02 – defines prior conviction. Ordinance No. 12-02 grants
Lakewood jurisdiction over cases in which and unlawful communication by fax,
or other telecommunication devices. Ordinance 13-02 – volunteer intoxication
will not determine mental state when determining criminal liability and also
provides that voluntary intoxication does not relieve a person of a duty to
act when failure to act constitutes criminal offense. Ordinance 14-02 –
disorderly conduct and intoxication – upgrades penalty. Disorderly conduct
is brought to a fourth degree misdemeanor if committed in the vicinity of a
school or a school safety zone or committed in the presence of a Law Enforcement
Officer, firefighter, etc. who is engaged in their duty at the scene of a fire,
accident or other emergency. Ordinance 15-02 – adds emergency medical
services to list of officials that a person cannot hamper duties of. Creates
risk of physical harm a first-degree misdemeanor which $1,000 fine maximum and
months in jail. Ordinance 16-02 enacts new section to ordinances 509.11 –
Inciting to Violence –makes act a criminal offense. The violation is a
misdemeanor of the first degree. Ordinance 23-02 – further defines obstructing
justice. Ordinance 24-02 - misdemeanor of the second degree changes to if when
resisting arrest results in physical harm to a law enforcement official makes
it a first degree misdemeanor which make sit maximum $1,000 and maximum incarceration
period of six months. Ordinance 25-02 – Gender-neutral language. Ordinance
26-02 – defines a public servant. Ordinance 28-02 – excludes consumption
of liquor in a limousine. Ordinance 29-02 – passengers in a limousine
exempt from open container law. Ordinance 30-02 - new Section 529.11 –
prohibits sale to and purchase by underage persons of low-alcohol beverages
and excludes parents or guardians providing the beverage to the under aged person.
Ordinance 31-02 – Expands voyeurism to photographing or taping another.
Ordinance No. 32-02 – Enacts New Section 533.091 – Loitering to
Engage in Solicitation. Ordinance No. 40-02 – repeals 537.12 – no
more party lines. Ordinance 41-02- Enacting that same Section – (replacing)
– deals with misuse of the 9-1-1 system – to be a misdemeanor of
the fourth degree.
Mr. FitzGerald, asked the Law Director the status of loitering laws being found unconstitutional. He said that he thought in Cleveland they were thrown out. Mr. Spellacy responded that his understanding there were two different kinds of loitering. One was solicitation and door to door, and street corners. Have been subject of great scrutiny.
Mr. Skindell noted that in order to enact 41-02 that Ordinance 40-02 must be enacted. Ordinance 42-02 – gender neutral, and raising the value of the property value damaged in a crime to remain a misdemeanor $300-$500 consistent with ORC. Ordinance 43-02 – definitional provisions – primarily update definitions including definitions such as telecommunications.
Many more ordinances including definitional organization. Also – Traffic Code Ordinances will also need to be reviewed. The Rules and Ordinances Committee voted to recommend passage of the indicated ordinances.
Motion by Mr. Skindell, seconded by Mr. George, to receive and file the oral report.
Motion adopted. Six members voting yea.
Mr. Seelie absent from table.
Ms. Roth asked about 24-02 resisting arrest. Recklessly or by force. She said she would think this would be a felony. She said that when police officers are being shot when they’re pulling someone over for a traffic violation, wondered why this appeared easy.
Mr. Skindell indicated, there were certain offenses that rose to the level of assault and that would be applied in that case.
Ms. Roth asked about in terms of 25-02 – does that refer to gifts such as baseball tickets discussed a couple weeks ago.
Law Director Spellacy responded that 525.11 existed prior to the amendment and the only difference is gender neutral. He read segments referencing for his/her personal use receiving improper compensation. He said he did not think that the tickets would not be in the same realm. He said that no one was suggesting that by donation of the tickets one would do something you would not do anyway.
(ORDINANCES REFLECTED IN ITEMS 11-30 WERE PLACED ON 1ST READING & REFERRED TO THE RULES & ORINANCES COMMITTEE 2/19/02, AND PLACED ON 2ND READING 3/4/02).
*BLANKET MOTION WAS MADE AFTER ALL THE READINGS.
Motion by Mr. Skindell, seconded by Mr. George, to adopt the ordinances after reading each and that this would be the third reading.
Motion adopted. All members voting yea. (Was adopted after each was read)
11. ORDINANCE NO. 11-02 – AN ORDINANCE to amend section 501.04, Rules of Construction, of the Codified Ordinances of the City of Lakewood for the purpose of including a general provision that construes a reference to a prior conviction in the Codified Ordinances to also apply to any substantially equivalent offense and to remain consistent with the Ohio Revised Code. *(Pg. 20)
12. ORDINANCE NO. 12-02 - AN ORDINANCE to amend section 501.05, Criminal Law Jurisdiction, of the Codified Ordinances of the City of Lakewood for the purpose of including subject matter jurisdiction for persons disseminating images or information into the municipality, in violation of law, by means of a computer or telecommunications devices, to define such terms and to remain consistent with the Ohio Revised Code. *(Pg. 22)
13. ORDINANCE NO. 13-02 - AN ORDINANCE to amend section 501.07, Requirements for Criminal Liability, of the Codified Ordinances of the City of Lakewood for the purpose of making the section gender neutral, defining intoxication, defining the extent that voluntary intoxication is admissible and to remain consistent with the Ohio Revised Code. *(Pg. 25)
14. ORDINANCE NO. 14-02 - AN ORDINANCE to amend section 509.03, Disorderly Conduct; Intoxication, of the Codified Ordinances of the City of Lakewood for the purpose of elevating the penalty where the offense is committed in the presence of law enforcement or emergency personnel and to remain consistent with the Ohio Revised Code. *(Pg. 27)
15. ORDINANCE NO. 15-02 - AN ORDINANCE to amend section 509.05, Misconduct at an Emergency, of the Codified Ordinances of the City of Lakewood for the purpose of making this section gender neutral, escalating the penalty where the violation creates a substantial risk of physical harm, defining emergency medical services person and to remain consistent with the Ohio Revised Code. *(Pg. 30)
16. ORDINANCE NO. 16-02 - AN ORDINANCE to enact new section 509.11, Inciting to Violence, of the Codified Ordinances of the City of Lakewood for the purpose of creating a new offense and to remain consistent with the Ohio Revised Code. *(Pg. 32)
17. ORDINANCE NO. 18-02 - AN ORDINANCE to amend section 513.03, Drug Abuse, of the Codified Ordinances of the City of Lakewood for the purpose of removing the requirement that a prescription drug be stored in its original container and to remain consistent with the Ohio Revised Code. *(Pg. 33)
18. ORDINANCE NO. 23-02 - AN ORDINANCE to amend section 525.08, Obstructing Justice, of the Codified Ordinances of the City of Lakewood for the purpose of further defining the crime and to remain consistent with the Ohio Revised Code. *(Pg. 35)
19. ORDINANCE NO. 24-02 - AN ORDINANCE to amend section 525.09, Resisting Arrest, of the Codified Ordinances of the City of Lakewood for the purpose of escalating the penalty where an individual causes physical harm to a police officer and to remain consistent with the Ohio Revised Code. *(Pg. 37)
20. ORDINANCE NO. 25-02 - AN ORDINANCE to amend section 525.11, Soliciting or Receiving Improper Compensation, of the Codified Ordinances of the City of Lakewood for the purpose of making this section gender neutral and to remain consistent with the Ohio Revised Code. *(Pg. 38)
21. ORDINANCE NO. 26-02 - AN ORDINANCE to amend section 525.12, Dereliction of Duty, of the Codified Ordinances of the City of Lakewood for the purpose of defining public servant and to remain consistent with the Ohio Revised Code. *(Pg. 40)
22. ORDINANCE NO. 28-02 – AN ORDINANCE to amend section 529.04, Liquor Consumption in Motor Vehicle, of the Codified Ordinances of the City of Lakewood for the purpose of excluding the consumption of liquor in a limousine as permitted by Lakewood Codified Ordinance 529.07 as a violation of this offense and to remain consistent with the Ohio Revised Code. *(Pg. 42)
23. ORDINANCE NO. 29-02 - AN ORDINANCE to amend section 529.07, Open Container Prohibited, of the Codified Ordinances of the City of Lakewood to include additional exceptions for persons riding as guests or passengers in the rear compartment of a chauffeured limousine and to remain consistent with the Ohio Revised Code. *(Pg. 43)
24. ORDINANCE NO. 30-02 - AN ORDINANCE to enact new section 529.11, Low-Alcohol Beverages: Sale to and Purchase by Underage Persons Prohibited, of the Codified Ordinances of the City of Lakewood for the purpose of remaining consistent with the Ohio Revised Code. *(Pg. 45)
25. ORDINANCE NO. 31-02 - AN ORDINANCE to amend section 533.06, Voyeurism, of the Codified Ordinances of the City of Lakewood for the purpose of expanding the crime, creating new penalties and remaining consistent with the Ohio Revised Code. *(Pg. 47)
26. ORDINANCE NO. 32-02 - AN ORDINANCE to enact a new section 533.091, Loitering to Engage in Solicitation, of the Codified Ordinances of the City of Lakewood for the purpose of remaining consistent with the Ohio Revised Code. *(Pg. 49)
27. ORDINANCE NO. 40-02 - AN ORDINANCE to repeal section 537.12, Party Lines to be Yielded in Emergencies, of the Codified Ordinances of the City of Lakewood as party lines no longer exist. *(Pg. 51)
28. ORDINANCE NO. 41-02 - AN ORDINANCE to enact new section 537.12, Misuse of 9-1-1 System, of the Codified Ordinances of the City of Lakewood for the purpose of remaining consistent with the Ohio Revised Code. *(Pg. 52)
29. ORDINANCE NO. 42-02 - AN ORDINANCE to amend section 541.02, Arson, of the
Codified Ordinances of the City of Lakewood for the purpose of making the section
gender neutral, raising the value of the property damaged for the crime to remain
a misdemeanor and to remain consistent with the Ohio Revised Code. *(Pg. 53)
30. ORDINANCE NO. 43-02 - AN ORDINANCE to amend section 545.01, Definitions,
of the Codified Ordinances of the City of Lakewood for the purpose of updating
existing definitions, creating new definitions and remaining consistent with
the Ohio Revised Code. *(Pg. 55)
End blanket motion for adoption.
31. ORDINANCE NO. 129-02 – AN ORDINANCE to amend section 111.01, Departmental Public Improvement Contracts of the Codified Ordinances of the City of Lakewood for the purpose of including separate language to require not to exceed amounts in contracting ordinances for approval of Council for architectural, engineering and design services for contracts for street reconstruction projects, including water main and sewer line replacement projects. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 7/15/02)(Pg. 59)
Motion by Mr. Skindell, seconded by Mr. Dunn, to place Ordinance 129-02 to place Ordinance No. 129-02 on Second Reading and refer it back to the Committee of the Whole.
Motion adopted. Six members voting yea.
Nay: Mr. George.
….
32. ORDINANCE NO. 130-02 – AN ORDINANCE authorizing the Mayor, as the Director of Public Safety, to enter into a contract with the lowest and best bidder for an emergency community notification system in accordance with the Administrative Code of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 7/15/02).(Pg. 61)
Motion by Mr. Skindell, seconded by Mr. George, to place on Second Reading and refer Ordinance No. 130-02 back to the Public Safety Committee.
Motion adopted. All members voting yea.
****NEW BUSINESS****
33. Communication from Councilmembers George and Seelie regarding Excessive Speeding on Residential Streets. (Pg. 63)
Motion by Mr. George, seconded by Mr. Seelie, to receive and file the communication.
Motion adopted. All members voting yea.
…
34. ORDINANCE NO. 136-02 – AN ORDINANCE to amend section 303.99, Penalties, of the Codified Ordinances of the City of Lakewood. (Pg. 64)
Motion by Mr. George, seconded by Mr. Dunn, to place Ordinance No. 136-02 on First Reading and refer it to the Law Department and to the Rules & Ordinances Committee.
Mr. George indicated Council would all agree this is a common complaint.
Ms. Roth asked about P.O.P.A.S. was presented as an effort to slow down traffic on side streets. The status of P.O.P.A.S. was asked. Finance Director indicated that the state auditor has denied the creation of a special revenue fund for P.O.P.A.S. because the source and the expenditure of the funds is not restricted by an outside source. Meaning that City would create a special revenue fund and the City would say how those funds are expended. An example would be block grants. That’s a special revenue, the federal government tells how to expend those funds.
Ms. Roth asked what the status of that legislation – asked if it should be repealed.
Mr. Dunn, needed a special fund, was earmarked any money in that fund would be for public safety. Ms. Blasko indicated that someone else would be needed to say how to expend those funds.
Ms. Roth asked about lower speeding. Chief Malley indicated that city speed limits are not absolute speed limits and have to be observed with due regard of safety and care. Mr. FitzGerald asked about the other cities that have P.O.P.A.S. funds, if there funds were rescinded. Ms. Blasko said that to her knowledge other cities did not request from the state auditor to create the special revenue fund, they just went ahead and created it. She said it remained uncertain if they received citations in their audit but they did not receive a special revenue fund from the state auditor.
Motion adopted. All members voting yea.
…
35. Communication from Councilmember Skindell regarding Proposed Resolution Supporting a Publicly Funded, Not-for-Profit Health Insurance Program Guaranteeing Coverage for all Ohioans. (Pg. 68)
Motion by Mr. Skindell, seconded by Ms. Roth, to receive and file the communication.
Mr. Dunn said he would vote in support of the Resolution. He said he would do anything he could do to help expand health care coverage to citizens in need. He said that currently 43 million Americans do not have any health care coverage and millions more are uninsured. He said there was an economic, medical and a moral imperative that Council act and see what can be done.
Mr. George said he would vote in favor. He said he had a history of supporting universal health care.
April Stoltz thanked Council for their support.
Motion adopted. All members voting yea.
….
36. RESOLUTION NO. 7690-02 – A RESOULTION requesting the Ohio General Assembly to act without delay to pass a publicly funded, not-for-profit health insurance program guaranteeing coverage of all Ohioans. (Pg. 69)
Motion by Mr. Skindell, seconded by Mr. George, to adopt Resolution No. 7690-02.
Motion adopted. All members voting yea.
….
37. Communication from Mayor Cain regarding 25th Anniversary of the Lakewood
Arts Festival. (Pg. 71)
Motion by Mr. George, seconded by Mr. Skindell, to receive and file the communication.
Motion adopted. All members voting yea.
….
38. RESOLUTION NO. 7688-02 – A RESOLUTION acknowledging the 25th Anniversary of the Lakewood Arts Festival as a truly unique Lakewood community event and one of Greater Cleveland’s longest running and most successful arts festivals. (Pg. 72)
Motion by Mr. George, seconded by Mr. Skindell to Adopt Resolution No. 7688-02.
Motion adopted. All members voting yea.
….
39. Communication from Human Services Director Carey regarding Contract with MedTemps for Professional Services of a Registered Nurse. (Pg. 73)
Motion by Mr. Seelie, seconded by Mr. George, to receive and file the communication.
Mr. FitzGerald asked if MedTemps provides personnel, what the hourly wage would be. Ms. Carey responded that the current wage is $45.00 per hour. Mr. FitzGerald asked if the position the City was trying to fill was a salary or hourly – Ms. Carey indicated it was a salary. He asked what the position one. She said that position would be filled at $41,850.00. .
Ms. Roth, asked if what the salary was competitive. Human Services Carey indicated they were currently interviewing 10 candidates for the position and that they had received over 41 resumes. Ms. Roth asked dhow long the services would be needed. Ms. Carey indicated the supervisor nurse was scheduled to come back September 9th. She said when she came back, one nurse is out and another is out on an illness and is not scheduled to come back to at least December.
Motion adopted. All members voting yea.
….
40. ORDINANCE NO. 137-02 – AN EMERGENCY ORDINANCE authorizing the Mayor,
the Director of Human Services, the Director of Law, the Director of Finance,
and/or the Procurement Officer to enter into a contract for the temporary professional
services of a Registered Nurse for the Department of Human Services as authorized
by the 2002 Appropriations Ordinance and the administrative Code of the City
of Lakewood. (Pg. 74)
Motion by Mr. Seelie, seconded by Ms. Roth, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 137-02 on final reading.
Mr. Skindell asked if the public health nurses assist in the influenza vaccinations. Ms. Carey replied that they do. The schedule starts at the end of October and Lakewood Hospital has agreed to lend us nurses so the City wouldn’t have to cancel any of the clinics.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None
Motion adopted. Rules suspended.
Motion by Mr. Seelie, seconded by Mr. George, to adopt Ordinance No. 137-02.
Motion adopted.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 137-02 adopted.
….
41. Communication from Human Services Director Carey regarding 2003 & 2004 Program Year Application Title III of the Older American’s Act. (Pg. 76)
Motion by Mr. Seelie, seconded by Mr. George, to receive and file the communication.
Mr. Skindell asked if the state budgetary cuts have any effect.
Ms. Carey indicated that the state funds that would effect Lakewood would be
the Passport Program which is a Medicaid Waiver Program and any reimbursement
from Medicare and that has not happened as of yet.
Motion adopted. All members voting yea.
….
42. RESOLUTION NO. 7689-02 – AN EMERGENCY RESOLUTION authorizing and directing the Mayor for and on behalf of the City of Lakewood to enter into a Contract with the Western Reserve Area Agency on Aging to accept funds for the City’s programs covering Social/Supportive and Nutrition Services, such contract providing partial funding for supplemental programs under Title III of the 1965 Older Americans Act. (Pg. 77)
Motion by Mr. Skindell, seconded by Ms. Roth, to suspend the rules requiring this Resolution be read on three separate days and placing Resolution No. 7689-02 on final readings.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Rules suspended.
Motion by Mr. Skindell, seconded by Mr. George to adopt Resolution No. 7689-02.
Motion adopted. Resolution No. 7689-02 adopted.
….
43. Communication from Planning & Development Director Pietravoia regarding
Economic Development Fund Loan – Virginia Marti College Expansion. (Pg.
78)
Motion by Mr. Seelie, seconded by Mr. George, to receive, file and refer this communication to the Committee of the Whole.
Motion adopted. All members voting yea.
….
44. ORDINANCE NO. 138-02 – AN EMERGENCY ORDINANCE authorizing the Mayor
or her designee to enter into an agreement with Virginia Marti Inc., d.b.a.
Virginia Marti College for participation in the Lakewood Business Investment
Program (BIP) of the Economic Development Fund (EDF) for a five (5) year forgivable
loan in an amount of One Hundred Thousand Dollars ($100,000.00) for costs associated
with the redevelopment and renovation of the property located at 11726-28 Detroit
Avenue and 1385-87 Hird Avenue (PP# 312-33-017) Lakewood, Ohio. (Pg. 80)
Motion by Mr. Seelie, seconded by MR. George to place Ordinance No. 138-02 on First Reading and refer it to the Committee of the Whole.
Motion adopted. All members voting yea.
Meeting adjourned at 10:28 PM.
*(ORDINANCES REFLECTED IN ITEMS 11-30 WERE PLACED ON 1ST READING & REFERRED
TO THE RULES & ORINANCES COMMITTEE 2/19/02, AND PLACED ON 2ND READING 3/4/02).
Approved:____________________ ________________________
PRESIDENT
________________________
CLERK