Regular Meeting of the Lakewood City Council called to order at 7:35 P.M. by Council President Seelie.
Pledge of Allegiance
Roll Call
Moment of Silence
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Present: Councilmembers Brian T. Corrigan, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Thomas J. George, Nancy J. Roth, Seelie.
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Also Present: Law Director Spellacy, Police Chief Malley, Fire Chief Mroz, Public Works Director Boag, Finance Director Blasko, Planning & Development Director Pietravoia, Executive Assistant to the Mayor Benjamin, Assistant Safety Director for the Division of Building & Housing Gallagher, Acting Health and Human Services Director Buckon.

Pledge of Allegiance
Moment of Silence
Roll Call
Reading and disposal of the 2002 Minutes previously deferred
Reading and disposal of the Minutes of the Regular Meetings of Council held 7/15/02, 9/3/02, and 10/7/02.

Motion by Mr. George, seconded by Mr. Seelie, to approve the minutes without the necessity of a reading.

Motion adopted. Six members voting yea.
Abstention. Dever

Reading and disposal of the Minutes of the Regular Meeting of Council held 12/2/02.

Motion by Mr. George, seconded by Mr. Seelie, to approve the minutes without the necessity of a reading.

Motion adopted. Six members voting yea
Abstentions: Dever, Roth

Reading and disposal of the Minutes of the Special Meeting of Council held July 30, 2002.

Motion by Mr. George, seconded by Mr. Seelie, to approve the minutes as mailed without the necessity of a reading.

Motion adopted. Five members voting yea
Abstentions. Dever, Dunn

Reading and disposal of the Minutes of the Special Meeting of Council held 8/20/02.
Motion by Mr. George, seconded by Mr. Seelie, to approve the minutes as mailed without the necessity of a reading.
Motion adopted. Four members voting yea
Abstentions. Corrigan, Dever, Roth

Reading and disposal of the minutes of the Special Meeting of Council held August 23, 2002.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to approve the minutes as mailed without the necessity of a reading.

Motion adopted. Five members voting yea
Abstentions: Dever, George
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Reading and disposal of the minutes of the Regular Meeting of Council held 1/3/03.

Motion by Mr. George, seconded by Mr. Seelie, to defer the 1/3/03 minutes.
Motion adopted. All members voting yea.

Mr. Seelie indicated there was a change in minutes to be more expanded, and the preceding was to catch up for book keeping purposes.

Without objection from Council, a Recognition Award from Steve Greenwell of the Chamber of Commerce to the Department of Public Works for work in beautifying Lakewood during the holiday season.

Without objection from Council, Items 18, 19, 20, 21 and 22 were brought to the beginning of the agenda.

Without objection from Council, Public Comment was brought before Old Business.
****OLD BUSINESS****
1. RESOLUTION NO. 7716-03 – A RESOLUTION to appoint______________as a member of the Planning Commission for the full six year term commencing January 1, 2003. (Pg. 6)
Motion by Mr. FitzGerald, seconded by Mr. Dunn, to insert the name, Brian Powers.
Mr. FitzGerald detailed Mr. Powers participation on Lakewood’s Boards, his commitment to the community and educational background.
Mr. Dunn pledge support of Mr. Powers, and requested Council consider Tom Einhouse for the next vacancy in the Planning Commission. Mr. Dunn, provided background information on Mr. Einhouse’s participation on boards and commissions in Lakewood.
Motion by Mr. Seelie, seconded by Mr. George, to adopt Resolution No. 7716-03
Motion adopted. All members voting yea.
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2. RESOLUTION NO. 7717-03 – to appoint George Kubas II as a member of the Board of Building Standards Architectural Board of Review for a full five year term commencing January 1, 2003 and ending December 31, 2007. (Pg. 7)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7717-03
Mr. George provided Mr. Kubas’s business background in Lakewood.
Motion adopted. All members voting yea.
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3. RESOLUTION NO. 7718-03 – A RESOLUTION to appoint Traci Neligan Burke as a member of the Lakewood Board of Zoning Code Appeals for the full five-year term ending December 31, 2007. (Pg. 8)
Motion by Mr. George, seconded by Mr. Dever, to adopt Resolution No. 7718-03.
Ms. Roth said she wanted to publicly urge women to submit names for appointment to Boards and Commissions indicating that women comprise over 51% and should be represented.
Motion adopted. All members voting yea.
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4. RESOLUTION NO. 7719-03 – A RESOLUTION to appoint Kevin P. Galvin as a member of the Lakewood Board of Zoning Code Appeals for the unexpired term ending December 31, 2004. (Pg. 9)
Motion by Mr. Seelie, seconded by Mr. George, to adopt Resolution No. 7719-03.
Mr. Seelie outline Mr. Galvin’s background including past service to the City as a Lakewood Policeman.
Motion adopted. All members voting yea.
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5. RESOLUTION NO. 7720-03 – A RESOLUTION to appoint James L. Dolce as a member of the Lakewood Heritage Advisory Board for the full four-year term commencing January 1, 2003 and ending December 31, 2006. (Pg. 10)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7720-03.
Motion adopted. All members voting yea.
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6. RESOLUTION NO. 7721-03 – A RESOLUTION to appoint Richard J. Sicha as a member of the Lakewood Heritage Advisory Board for the full four-year term commencing January 1, 2003 and ending December 31, 2006. (Pg. 11)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7721-03.
Mr. Seelie provided that Mr. Dolce and Mr. Sicha have brought historical preservation to the City level and have provide outstanding service as original members of the Boards.
Motion adopted. All members voting yea.
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{Without objection from Council, Item 17 was brought forward here}
7. Public Safety Committee Oral Report regarding Ordinance No. 152-02.
Motion by Mr. Dunn, seconded by Mr. George, to defer action on this item until the February 3, 2003 meeting.

Mayor Cain provided that that the other Westshore Governments have adopted the legislation. She said the legislation is necessary and required and asked the Committee to meet as soon as possible.
Motion adopted. All members voting yea.
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8. ORDINANCE NO. 152-02- AN EMERGENCY ORDINANCE to amend the agreement with Bay Village, Fairview Park, North Olmsted, Rocky River and Westlake, establishing the Westshore Council of Governments and authorizing the Mayor to enter into the Amended Agreement. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 11/18/02, PLACED ON 2ND READING 12/2/02)(Pg.15) .(Pg. 12)
Motion by Mr. Seelie, seconded by Mr. Dunn, to defer.
Motion adopted. All members voting yea.
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9. ORDINANCE NO. 1-03 – AN EMERGENCY ORDINANCE authorizing and directing 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 Infrastructure 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 PUBLIC WORKS COMMITTEE 1/6/03) (Pg. 18)
Motion by Mr. Corrigan, seconded by Mr. George, to place Ordinance NO. 1-03 on second reading and refer to Public Works.
Ms. Roth asked that along with the items referred the Committee consider repairs of Cove Avenue between Clifton and Edgewater and Hird Avenue between Clifton and Lake.
Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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10. ORDINANCE NO. 2-03 – AN EMERGENCY ORDINANCE authorizing and directing 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 contact with the lowest and best bidder for C.D.B.G. Fund Infrastructure 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 PUBLIC WORKS COMMITTEE 1/6/03) (Pg. 20)
Motion by Mr. Corrigan, seconded by Mr. George, to place Ordinance NO. 2-03 on second reading and refer to Public Works.
Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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11. ORDINANCE NO. 3-03 – AN EMERGENCY ORDINANCE authorizing and directing 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 the 2003 Water System Replacement Program (Ohio Public Works Commission) 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 PUBLIC WORKS COMMITTEE 1/6/03) (Pg. 22)
Motion by Mr. Corrigan, seconded by Mr. Dever, to place Ordinance NO. 1-03 on second reading and refer to Public Works.
Motion adopted. All members voting yea.
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12. ORDINANCE NO. 4-03 – AN EMERGENCY ORDINANCE authorizing and directing 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 Wastewater Treatment Plant 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 PUBLIC WORKS COMMITTEE 1/6/03) (Pg. 24)
Motion by Mr. Corrigan, seconded by Mr. Dever, to place Ordinance No. 1-03 on second reading and refer to Public Works.
Motion adopted. All members voting yea.
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13. ORDINANCE NO. 5-03 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Public Works to advertise for bids and enter into a contract with the lowest and best bidder for Building and Facilities 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 PUBLIC WORKS COMMITTEE 1/6/03) (Pg. 26)
Motion by Mr. Corrigan, seconded by Mr. Dever, to place Ordinance No. 1-03 on second reading and refer to Public Works.
Motion adopted. All members voting yea.
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14. ORDINANCE NO. 6-03 – AN EMERGENCY ORDINANCE authorizing and directing 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 Building and Facilities 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 PUBLIC WORKS COMMITTEE 1/6/03) (Pg. 28)
Motion by Mr. Corrigan, seconded by Mr. Dever, to place Ordinance No. 1-03 on second reading and refer to Public Works.
Motion adopted. All members voting yea.
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15. ORDINANCE NO. 7-03 – AN EMEREGNCY ORDINANCE authorizing and directing the Director of Public Works 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 PUBLIC WORKS COMMITTEE 1/6/03) (Pg. 30)
Motion by Mr. Corrigan, seconded by Mr. Dunn, to place Ordinance No. 1-03 on second reading and refer to Public Works.
Motion adopted. All members voting yea.
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16. ORDINANCE NO. 8-03 – AN EMERGENCY ORDINANCE authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, and the Director of Finance to advertise for bids and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood, for the purchase of the listed vehicles and equipment, contracts not to exceed the specified amounts shown without separate Resolution of Council. (PLACED ON 1st READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 1/6/03) (Pg. 32)
Motion by Mr. Dunn, seconded by Mr. Corrigan, to place Ordinance No. 8-03 on second reading and refer to Public Works.
Motion adopted. All members voting yea.

****NEW BUSINESS****

17. Communication from Councilmember Dunn regarding Lakewood Goes Green. (Pg. 34).
Motion by Mr. Dunn, seconded by Mr. George, to receive and file the communication.
Sadu Johnston, Executive Director of Cleveland Green Building Coalition. He said the Coalition is a non-profit organization based in Ohio City, which he said he had toured with a number of councilmembers. Mr. Sadu defined “Green building” - building that have less impact on the environment because they utilize local materials, minimize the amount of energy consumption, healthy indoor environment to occupants. He said there was also financial savings to be had in creating green buildings. He explained system called LEED – Leadership in Energy Environmental Design as a way to categorize how green a building is. He said an Office of Sustainability within the City could be formed to address green building and strategies focused on indoor air quality.

Ms. Roth asked about Older homes and buildings regarding long term savings indicating she understood that up front costs are high. She asked if the corporate sponsors of the Cleveland Green Building Coalition - the EPA, Ohio Department of Development, George Gund Foundation, Cleveland Foundation have talked about developing grants for homeowners similar to what is provide for historic preservation. She asked if any money at the state level has been put together to renovate older schools.

Mr. Johnston stated other states have but not in Ohio yet. He said there were low interest loans related to de-regulation to apply to things like retrofitting windows, solar panels, and other endeavors. Mr. Johnston responded that up front costs are typically higher but it eventually it reaches significant savings. He said that their organization does work with older homes for retro-fitting.

Contractors who have worked in green building endeavors spoke in favor of green building measures.
Mayor Cain said she wanted to mention the Lakewood Y as the first green building in Lakewood. She said she asked building representatives to meet with the architect to anticipate special requirements from the type architecture.
Motion adopted. All members voting yea.
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18. Communication from Mayor Cain regarding Resolution Honoring Retirees James Bowen, Christopher Dubbs, Robert Eckert and John Verbickey. (Pg. 36)
Motion by Mr. Seelie, seconded by Mr. George, to receive and file the communication.
Motion adopted. All members voting yea.
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19. RESOLUTION NO. 7722-03 – A RESOLUTION to thank James Bowen, on the occasion of his retirement, for his outstanding service to the City of Lakewood, Department of Public Works, Division of Water and Wastewater Collection. (Pg. 37)
Motion by Mr. George, seconded by Mr. Corrigan, to adopt Resolution No. 7722-03.
Motion adopted. All members voting yea.
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20. RESOLUTION NO. 7723-03 - A RESOLUTION to thank Christopher Dubbs, on the occasion of his retirement, for his outstanding service to the City of Lakewood, Department of Public Works. (Pg. 38)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7723-02.
Motion adopted. All members voting yea.
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21. RESOLUTION NO. 7724-03 – A RESOLUTION to thank Robert Eckert, on the occasion of his retirement, for his outstanding service to the City of Lakewood, Department of Public Work, Division of Streets/Forestry. (Pg. 39)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7724-02.
Motion adopted. All members voting yea.
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22. RESOLUTION NO. 7725-03 – A RESOLUTION to thank John Verbickey, on the occasion of his retirement, for his outstanding service to the City of Lakewood, Department of Public Works. (Pg. 40)
Motion by Mr. George, seconded by Mr. Corrigan, to adopt Resolution No. 7725-02.
Motion adopted. All members voting yea.
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23. Communication from Mayor Cain regarding Authorization of Application to the Ohio Department of Natural Resources for Lakewood Park. (Pg. 41)
Motion by Mr. George, seconded by Mr. Corrigan, to receive, file and refer the communication to the Public Works Committee.

Mr. Corrigan asked the status on the other ODNR grant applications. Mr. Benjamin responded that the NatureWorks and the other Coastal Management Application are pending, awaiting final budget approval from the State of Ohio. He said that the State has estimated the answer would come in April.

Motion adopted. All members voting yea.
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24. RESOLUTION NO. 7726-03 – AN EMERGENCY RESOLUTION authorizing the Mayor, on behalf of the City, to apply for financial assistance under the Ohio Department of Natural Resources in support of the restoration and revitalization of Lakewood Park. (Pg. 42)
Motion by Ms. Roth, seconded by Mr. Dunn, to place Resolution No. 7726-03 on First Reading and refer it to the Public Works Committee.
Motion adopted. All members voting yea.
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25. Communication from Law Director Spellacy regarding Codification of Ordinances. (Pg. 44)
Motion by Mr. Seelie, 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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26. ORDINANCE NO. 9-03 – AN EMERGENCY ORDINANCE to approve the editing and inclusion of certain ordinances and resolutions as parts of the various component codes of the Codified Ordinances and to provide for the publication of such new matter. (Pg. 45)
Motion by Mr. Seelie, seconded by Mr. George, to place Ordinance No. 9-03, on First Reading and refer it to the Rules & Ordinances Committee.

Ms. Roth asked if any of the ordinances comprised in Codification had not been before Council. Mr. Spellacy responded that they had all been approved by Council.
Motion adopted. All members voting yea.
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27. Communication from Public Works Director Boag regarding Amended Ordinance 156-02 – Contracting Authority for the Westshore Council of Government’s Tub Grinder. (Pg. 47)

Motion by Mr. Seelie, seconded by Mr. George, to receive and file the communication.
Motion adopted. All members voting yea.
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28. ORDINANCE NO. 10-03 – AN EMERGENCY ORDINANCE amending Ordinance No. 156-02, adopted December 16, 2002 for the purpose of changing and increasing contracting authority for the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Procurement Officer to enter into contracts for professional services, and to advertise for bids and enter into contracts for the purchase of repair maintenance and operating supplies, services and equipment as authorized by the 2003 Appropriation Ordinance and the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law. (Pg. 48)

Motion by Mr. Seelie, seconded by Mr. George, to suspend the rules requiring this ordinance be three times and placing Ordinance No. 10-03 on final reading.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie.
Nays: None
Motion adopted. Rules suspended.

Motion by Mr. Seelie, seconded by Mr. George, to adopt Ordinance No. 10-03.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie.
Nays: None
Motion adopted. Ordinance No. 10-03.
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29. Liquor Permit Application for D2, D2X and D6 permit classes to Rozis Wine House Inc., d/b/a Rozis Wine House, 14900 Detroit Avenue, Lakewood, Ohio. (Pg. 53)

Mr. Dunn read from Police Chief Malley’s report indicating he could find no cause to object to the liquor permit application. Mr. Dunn asked the Councilmember George if he had any objections to the liquor permit application as establishment is in his Ward and Mr. George responded that he did not.

Motion by Mr. Dunn, seconded by Mr. George, to file no objection.
Motion adopted. All members voting yea.
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30. Liquor Permit Application for C1 and C2 transfers to Al Rousan Family, d/b/a Dairy mart, 12500 Detroit Avenue from MACS Convenience Stores d/b/a Dairy Mart #5247 same address. (Pg. 55)

Mr. Dunn read from Police Chief Malley’s report, indicating he could find no reason to object to the liquor permit transfer. Mr. Dunn asked Councilmember Roth if she had any objections to the liquor permit transfer as the establishment is in her Ward.

Ms. Roth said she found some things in the police report disturbing. She said she would like a copy of the police report and would like to discuss privately with the Chief regarding the permit application.

Mr. FitzGerald said his understanding was that a police report was a public record and did not know why it couldn’t be discussed. He said there was previous discussion on how an NCIC report is used – that it couldn’t be misused or used for other purposes other than law enforcement. He asked if a police report was a public document.

Mr. Spellacy said that a police report is (a public document) at some points of time and sometimes it is not. He said there are certain points in time where it might be in litigation where it would not be a public record. There’s other points in time after that matter has concluded that it would be a public record. He said there were also matters within the document itself that may never be a public record, and that portions of it could be excised. He said, in this instance, this was a transfer to a new owner and it was his understanding that it had under a management agreement been operating for some time. He said he did not know the exact amount of time that the allegation resulted in one point in time there was an arrest for some felony charges, those charges resulted in a misdemeanor plea. He said he believed it related to a clerk, not the owner.

Mr. FitzGerald said the matter deserved further review and said he wanted the item deferred. Mr. Dunn said he agreed. Mr. George asked that all members of Council receive reports if there is a request to file an objection. Ms. Roth said the ward councilmember be provided with the report. Mr. Dunn requested an extension of time be submitted to the Liquor Board.
Motion by Mr. Dunn, seconded by Mr. Seelie, to defer the item to February 3, 2003.
Motion adopted. All members voting yea.
Meeting adjourned 9:35 PM.

Approved:__________________ ________________________
PRESIDENT

________________________
CLERK