Regular Meeting of the Lakewood City Council called to order at 7:37 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, Robert M. Seelie.
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Also Present: Mayor Cain, 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, Executive Assistant to the Mayor for Community Relations Antonio.

Pledge of Allegiance
Moment of Silence
Roll Call
Reading and Disposal of the Minutes of the Regular Meeting of Council held 12/16/02.

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. Mr. Dever

1. Reading and disposal of the Minutes of the Regular Meeting of Council held 1/3/03 and 1/21/03.

Motion by Mr. George, seconded by Mr. Corrigan, to approve the minutes without the necessity of a reading.
Mr. George indicated that minutes are now e-mailed.
Motion adopted. Six members voting yea.
Abstention. Mr. Seelie (on the 1/21/03 minutes).
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Without objection from Council Items 19 and 20 are brought forward to the beginning of the agenda.

2. Public Comment/Miscellaneous Business (Introduced without objection and if name, address and TOPIC are listed on “Public Comment” sign in sheet)

Without objection from Council Items17 and 18 are brought forward to beginning of agenda.
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3. Reports, Legislation and communications from Members of Council, the Mayor and other City Officials.

****OLD BUSINESS****

1. Committee of the Whole Oral Report regarding Skate Park Committee.

Mr. Seelie submitted the following report:
The Committee of the Whole met earlier to discuss the creation of a skate park. It has appointing authority from members of Council and the Mayor an it was recommended unanimously that we go ahead and create a skate park committee to help assist in recommendations in design and location, size, configuration of the skate park.

Motion by Mr. Seelie, seconded by Mr. George, to receive and file the oral report.
Motion adopted. All members voting yea.
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2. RESOLUTION NO. 7715-03 – A RESOLUTION to create the Lakewood Skate Park Committee for the purpose of providing assistance in the design of the Skate Park to be located at Lakewood Park. (REFERRED TO THE COMMITTEE OF THE WHOLE 1/6/03)(Pg. 6)

Motion by Mr. Seelie, seconded by Mr. George, to adopt Resolution No. 7715-03.

The liability of the project was brought up and Mr. Spellacy responded that it would be similar to other recreational facilities. Mr. George indicated there was a ruling regarding relief for a City regarding liability for a public facility. He said that the issue should be researched further to see if there has been any recent changes.

Motion adopted. All members voting yea.
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3. RESOLUTION NO. 7727-03 – A RESOUTION to nominate _____________________, ______________________, and ______________________, as members of the Lakewood Skate Park Committee for the purpose of providing assistance in the design of the Skate Park to be located at Lakewood Park. (Pg. 7)

Motion by Mr. George, seconded by Mr. Seelie, to insert the names; Vince Frantz, Michael Larkey and Jason Kucharski in the blanks.

Mr. FitzGerald said his recollection of the discussions on Council about the skate park was that it decided that one was wanted, that the initial plan had it in Lakewood Park and that discussion was deferred on the location. He said that he was not stating he opposed the site but said he did not remember if there was an analysis of other sites.

Mr. George said the Committee was intended to provide technical and design assistance wherever it is created. He said that the people nominated for the Committee have had constructive communication with Mr. Boag already. He said that all three members are members of the Lakewood Skaters Association, Jason Kucharsky is the father of two, one is a skateboarder. He said that Mike Larkey is an engineer currently working for the City of Avon Lake and Vince Frantz is a homeowner and the Vice President of the Lakewood Skaters Association.

Mayor Cain said the skate park was included in the Lakewood Park Master Plan as it came out of the Planning Commission. She said that it was a result of the public hearing process that took place. She said that Council adopted the Plan but any major changes of the plan had to go back to the Planning Commission and she assumed a proposed new site would be included in that process.

Motion adopted. All members voting yea.
{Without objection from Council, items 28 and 29 are brought before the next agenda item}
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4. Public Works Committee Oral Report regarding Capital Improvement Ordinances 1-03, 2-03, 3-03, 4-03, 5-03, 6-03, 7-03, 8-03.

Mr. Corrigan submitted the following report.

Public Works Committee met this evening, discussed and researched the next eight ordinances that are on the docket. Items No. 5 through 12 and Item No. 13 which is a resolution regarding a grant application for the Ohio Department of Natural Resources. Without objection of my colleagues, rather than give the entire oral report right now, I would like to give the report for each ordinance as we detail what each ordinance is about, item by item. Move to receive and file the oral report.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to receive and file the oral report. Mr. Corrigan indicated that all of the ordinances were on third reading and all of the ordinances were unanimously recommended for approval and adoption that evening.

Motion adopted. All members voting yea.

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5. 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, PLACED ON 2ND READING 1/21/03) (Pg. 8)

Mr. Corrigan stated Ordinance No. 1-03 was not an amended ordinance and what was in the docket accurately reflected the ordinance. The first item on is $312,000 for the Hilliard/Franklin repaving. $312,000 is the City’s portion or twenty percent (20%) of 1.56 million dollar project of which the County is partnering with and the County’s portion is One million, two hundred forty-eight thousand dollars. ($1,248,000). Next on it is the West Clifton Boulevard repaving. The City is partnering with the Ohio Department of Transportation and this project is a total project of $880,000. The City’s portion of this project is $80,000 with the Ohio Department of Transportation coming up with $800,000. The Bunts/Detroit turn lane is a widening of Bunts Road at Detroit coming north allowing for a left and a right turn lane as well as straight through. Mr. Boag clarified that it was two lanes, a left turning lane and a straight through and right turn. Mr. Corrigan said that especially when the High School lets out this is a big area of congestion and traffic backs up all the way to the High School. Ethel is a $290,000 deep grind and overlay project going from Detroit Road to Clifton Boulevard. West Clifton Road is a resurfacing, is a $50,000 resurfacing project, West Clifton Road is a dead end road in Clifton Park. Manor Park resurfacing is actually a large patch. There is a major sewer project going on that’s going to take about 280 feet and it’s going to be a 280 foot patch on Manor Park and that’s a $20,000 project. We have $80,000 in the sidewalk improvements, that $80,000 is reimbursable by the homeowner and that’s usually if the homeowner opts for the City to fix the sidewalk rather than fix it themselves, the City will fix the sidewalk and bill the homeowner on his property bill. Traffic signal improvements is a line item that this Council has had on its books for the past three years in which we are putting aside $40,000 a year toward the aging mast arms which were put up on the early eighties. The Committee unanimously recommended adoption of Ordinance No. 1-03 as it reads in your docket tonight.

Motion by Mr. Corrigan, seconded by Mr. George, to adopt Ordinance No. 1-03.

Ms. Roth said that when the ordinance was first submitted she suggested streets in Ward 4 be looked at. She said at the Committee meeting she suggested to deep grind and overlay Cove Avenue from Clifton to Edgewater. She said it met the criteria for deep grind and overlay and that $75,000 would not break the bank. She said in the past six months she has heard from councilmembers talk about how more should be done in Ward 4 . She said she hoped that because there was an opportunity to do that here that Councilmembers would agree to amend the ordinance and to add that street and that they would realize that what they’re approving includes only about $15,000 for the Police Department was the only capital she could see in Ward 4.

Motion by Ms. Roth, seconded by Mr. George, to amend the Ordinance to add deep grind and overlay for Cove Avenue from Clifton to Edgewater; that $75,000 be added.

Mr. Corrigan responded that the issue was discussed in the Public Works Committee and that the opinion of the Committee and the Public Works Director was to continue with the proposed schedule. He said that the conditions and database of the streets in Lakewood - of approximately 400 streets, there are 25 streets that are 10s, 19 streets that are nines, the sections of street that Councilmember Roth is suggesting, have been rated as sixes. He said that he appreciated Ms. Roth’s wish to provide new streets to Ward 4 but said he believed there were a lot more streets in the City that needed more work than those. He said that he agreed with Ms. Roth that more streets had to be done, resurfacing had to be done even if it’s just for the short term that suggested the streets could be a topic for budget hearings.

Mr. Seelie said he agreed with Mr. Corrigan that the particular streets would be better discussed in the public hearings and that he would agree with the recommendation of the Committee.

Ms. Roth said she has been told to take almost everything she has suggested in the last year to another Committee where she said it dies. She said also that the recommendation was not for reconstruction where she said the nines and tens were applied. She said that this was for deep grind and overlay and said Council has been told consistently for the past years that the number of streets that are eligible for deep grind and overlay is declining and that this street is one that was eligible. She said that Cove was the only street being proposed and did not see why anyone would be prevented from suggesting another street. She said that she has heard from Councilmembers in the last six months that more should be done on the east end and said that it was the gateway to the City.

Mr. George asked if the Administration had a position on the issue. Mayor Cain responded that in the efforts to control the capital side of the budget this year that at least one grind and overlay was removed. She said that the Administration would do research prior to Budget Hearings and would try to bring a recommendation to Council. She said according to Mr. Boag the street removed was Edwards and that they would research the issue further. She said if they could not do it this year, she said they would look at it seriously for next year.

Ms. Roth asked if approval of the contracting authority would then make the street repair a requirement. Mr. Spellacy responded that if question was if by inserting the street name in the ordinance it implied money had to be spent the answer was no. Ms. Roth said she would then ask Council to support the amendment and it could be discussed in more detail in terms of financial viability at the Budget Hearings.

Yeas: Dunn, Roth
Nays: Corrigan, Dever, FitzGerald, George, Seelie,
Motion to amend fails.

Motion to by Mr. Corrigan, seconded by Mr. George to adopt Ordinance No. 1-03
Motion adopted. All members voting yea.

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6. 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, PLACED ON 2ND READING 1/21/03) (Pg. 10)

Mr. Corrigan reported that Ordinance 2-03 reflected the City’s community development block grant street projects for 2003. He said this was a 1.87 million dollar fund with West 117th Street with $100,000 being allocated towards the City’s portion for the finishing work of West 117th Street. Arthur from Madison to Athens entails $580,000 and the majority of the budget this year is for Belle Avenue from Detroit to Lake Avenue. This is not an amended ordinance and is accurately reflected in the docket. The Committee recommended unanimously to approve the Ordinance.

Motion by Mr. Corrigan, seconded by Mr. George, to adopt Ordinance No. 2-03.
Motion adopted. All members voting yea.
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7. 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) and with the 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. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 3-03 PLACED ON 1st READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 1/6/03, PLACED ON 2ND READING 1/21/03) (Pg. 12)

Mr. Corrigan reported that Ordinance 3-03 was the Watermain/System Replacement Program and included the Belle Avenue Project for $600,000 which Issue 2, zero interest loan is a very good likelihood that we will get that and will be confirmed in late March. The Webb Road Watermain will be done in conjunction with the sewer that this going in from Detroit Road north, 400 feet, that’s $85,000. The West Clifton Road watermain is in there for $150,000 and that’s West Clifton Road in Clifton Park. Franklin in conjunction with the County project that watermain project is $340,000 and $5,000 for G.I.S. The Committee recommended unanimously that Council approve and adopt Ordinance 3-03 as amended.

Mr. Spellacy advised that they are actual amendments because the changes are in the preamble where it used to have parentheses around “Ohio Public Works Commission” it now reads “replacement program and with the Ohio Public Works Commission”, that same language is then amended and reflected in Section 1.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to amend Ordinance No. 3-03 as stated by the Law Director.

Ms. Roth referred to Hird Avenue stating it had a water line from 1909 and asked what date it would be fixed. Mr. Boag responded that Hird Avenue was not on the five year list at this time.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion to amend adopted.

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Ordinance No. 3-03 as amended.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Ordinance No. 3-03 adopted as amended.
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8. 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, PLACED ON 2ND READING 1/21/03) (Pg. 14)

Mr. Corrigan reported that Ordinance 4-03 was accurately reflected in the docket. He said it included a Sloane sewer repair project to go along with last years watermain replacement project, in the amount of $450,000. The Web Road Sewer Project from Detroit to 400 feet north for $70,000, the Manor Park Sewer project about 280 feet just south of Clifton in Manor Park for $60,000, the repair of the Y-walls down at the Waste Water Treatment Plant in the amount of $200,000, the aerial sewer headworks - a $100,000 contingency as the City completes a total project in excess of three million dollars at the aerial sewer. A sewer capital repair emergency response line item of $200,000 – this is historically a line item that has been in our budgets for unexpected problems, $245,000 for ultraviolet system down at the Wastewater Treatment Plant and a long term, control plan, city-wide – to go out for RFP seeking consultation and a long-term plan for the City’s sewers and wastewater, storm sewer run-off. The EPA has designated Lakewood and the waters off Lakewood as being sensitive waters and as such regulations and rules according to the federal EPA mandates are a lot more strict than other cities. He said this was Lakewood’s attempt to get out in front of the problem and try to come up with a plan before the EPA tells the City what the plan is going to be. There is a public relations component to this where is after they have completed their study and their plan and have come up with recommendations he believed they will seek public input and make presentations to the public as to recommendations for Lakewood, why, and how much it would cost over a time period. He said that was $150,000 and $5,000 for the G.I.S. system. The Committee unanimously recommended passage of Ordinance No. 4-03 as it reads tonight.

Motion by Mr. Corrigan, seconded by Mr. Dever, to adopt Ordinance No. 4-03.

Motion adopted. All members voting yea.
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9. 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, PLACED ON 2ND READING 1/21/03) (Pg. 16)

Mr. Corrigan reported Ordinance 5-03 was Building and Facilities Improvements, that it was an amended ordinance. The environmental study was removed and there is one additional item that will be covered. This includes City Hall renovations for $190,000, this would include the brick work on the elevator tower which is located directly opposite Council Chambers. The west driveway is going to be repaired on City Hall from Detroit Road back to the Public Works utility building in the back. Winterhurst line item $150,000 for a roof, $20,000 for the Nicholson House and the Old Stone House to upgrade especially electrical work at the Nicholson House where there was a fire this year. Fire facilities renovation has $25,000 that would include new upgrading kitchen facilities at Fire House No. 3 and No. 1, the Environmental study for $15,000 has been removed. City-wide communications of $15,000 - there is an above ground terminal currently located on one of our streets that if the terminal was knocked down by a car accident it would compromise the City’s ability to communicate. That will then be relocated. The final item, in the amount of $10,000 is for animal shelter roof. The Committee unanimously recommended approval of Ordinance 5-03 as amended.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to amend Ordinance No. 5-03 as reflected in the report.

Ms. Roth asked what all was included in the $190,000 for City Hall renovations. Mr. Boag responded that after the two projects, there was a list of other projects listed based on availability of funds, including a fire suppression system for the communications room and other priorities. Ms. Roth said that $190,000 seemed like a lot of money for the two projects and that $75,000 could come out of there for Cove Avenue. Mr. Dever indicated that he thought the estimates the Public Works Director put fourth on the work were accurate regarding work on the elevator shaft and the roadway. Ms. Roth asked that if money is left over that Council look at how that is expended.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Ordinance No. 5-03 amended.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to adopt Ordinance No. 5-03 as amended.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Ordinance No. 5-03 amended.

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10. 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, PLACED ON 2ND READING 1/21/03) (Pg. 18)

Mr. Corrigan reported that Ordinance No. 6-03 is amended to add on the environmental study that was removed from previous ordinance. This is the environmental study for the Drug Mart parking lot. Years ago there were underground storage tanks and monitoring of the storage tanks. This $15,000 is to continue the monitoring of the tanks at the east Drug Mart on Detroit Avenue. The other item in the Ordinance is the Police facilities improvements, the architectural design, for the police department lobby and further into the police department - $15,000 for that. The Committee unanimously recommended adoption of Ordinance 6-03 as amended.

Motion by Mr. Corrigan, seconded by Mr. Dunn, to amend Ordinance No. 6-03

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance No. 6-03 amended.

Motion by Mr. Corrigan, seconded by Mr. Dunn, to adopt Ordinance No. 6-03 as amended.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Ordinance No. 6-03 adopted as amended.
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11. 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, PLACED ON 2ND READING 1/21/03) (Pg. 20)

Mr. Corrigan reported that Ordinance 7-03 is park improvements. This is an amended ordinance, the first line item is Lakewood Park improvements and it states inclusive of RTA portion. This is for the pavement portion of the new entrance to Lakewood Park which on schedule and will attempt to have this done by the opening of pool season. RTA’s portion of this project is $194,000 while the City’s portion is $136,000 for a total project cost of $330,000. The City reforestation is $50,000, pool repair and paint is $20,000 and the park playground improvements is the amended part of this where it has been itemized out between park playground improvements will be for playground, tennis, basketball and baseball facilities throughout the city and that amount is $365,800 and the skate park has been itemized out of this to include $134,200 to accommodate the new skate park. The Committee recommended adoption of Ordinance 7-03.

Motion by Mr. Corrigan, seconded by Mr. Dunn, to amend Ordinance No. 7-03.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance No. 7-03 amended.

A resident referred to a January 18, 2002 docket item related to a $50,000 study for parking in Lakewood Park. The resident asked if the study was done.

Mayor Cain responded that $50,000 was for the Lakewood Park Study , was done by Brandstetter and Zofcin and included the improvements to Lakewood Park and other parks. She said it was the study that included that a skate park be included. She said it was not just limited to parking, that the Master Plan for Lakewood Park included substantial improvements for parking. The resident asked if $50,000 for tree reforestation was another $50,000 – response was that this was annually provide. Resident remarked that last time the job was terrible and no reimbursements for trees were provided.

Motion by Mr. Corrigan, seconded by Mr. Dunn, to adopt Ordinance No. 7-03 as amended.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance No. 7-03 adopted as amended.
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12. 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, PLACED ON 2ND READING 1/21/03) (Pg. 22)

Mr. Corrigan reported that 8-03, vehicles and equipment is an amended ordinance, the amendment is under the Fire line item and is adding; breathing air equipment for $26,000. The City received a federal grant through Homeland Security of $25,522 and of that $17,856 is federal money with the City doing a match of $7,656. That would be the only amendment to 8-03. All the different departments are reflected, Parks – four-wheel drive pick-up with plow rack , drive mowers, Police have police cruisers and detective cars, Refuse has five Cushmans, hydraulic lifts, replacement concrete refuse containers, Fleet has road service truck and jib crain Housing has document imaging system, Information Systems has document imaging systems, the city-wide computer network upgrade. The Streets Department has $32,000 four-wheel drive extended cab with plow, the Fire has a $165,000 medical squad which will be added to our fleet, the Water Department has a utility body and Wastewater Collection Department has a one-ton dump-truck body. Wastewater Treatment has a generator and miscellaneous equipment and Parking has electronic parking meters which the standard parking meters and parts are no longer made. The $20,000 is probably the first of consecutive years of electronic parking meters. The Committee unanimously recommended passage of 8-03 and additionally, in passing this tonight, we will be able to participate in and take advantage of state purchasing contracts.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to amend Ordinance No. 8-03 with the breathing air equipment.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance No. 8-03 amended.

Motion by Mr. Corrigan, seconded by Mr. George, to adopt Ordinance No. 8-03 as amended.

Mr. George indicated the items mentioned will be looked at again in Budget Hearings, he said in the past changes have been made and that he didn’t anticipate any major changes.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance No. 8-03 adopted as amended.
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13. Public Works Committee Oral Report regarding Grant application to ODNR for Lakewood Park.

Mr. Corrigan submitted the following report:

The Public Works Committee met tonight to discuss the City of Lakewood application to the Ohio Department of Natural Resources for the Recreational Trail Program and Clean Ohio Trail Fund. This is to assist in the construction and development of recreational trails and trail head facilities. This program offers up to a 75% reimbursement for the development and construction of recreational trails. This is being applied for in conjunction with the Lakewood Park Master Plan. The City is requesting funds to assist in the facilitation and revitalization of Lakewood Park. This will be for the construction of a 1.26 mile, ten foot wide multi-use perimeter trail and access walks within the 31 and half acre park known as Lakewood Park. This grand announcement will be made in September/October of 2003, the deadline for the application is coming up so the adoption of this resolution is recommended tonight. The total project cost during our presentation is estimated to be $305,300 and 75% of that $305,300 is $244,240 that we will be requesting in our application. The Committee unanimously recommends adoption of this resolution

Motion by Mr. Corrigan, seconded by Mr. Dunn, to receive and file the oral report.

Mr. Seelie, Tom Hartman from Ohio Department of Natural Resources the status of the funds in light of the budget cutting at the state. Mr. Benjamin responded that this was part of the Clean Ohio Program and was part of a bond issue that was passed and for this particular program there is approximately 6.4 million dollars available this fiscal year. Mr. Seelie said that he knew that wasn’t a whole lot for the whole state. Mr. George indicated that at a recent Ohio Municipal League Meeting, the different components of the state budget were discussed and that some categories of funding would be available.

Motion adopted. All members voting yea.
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14. 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. (REFERED TO PUBLIC WORKS COMMITTEE 1/21/03) (Pg. 24)

Motion by Mr. Corrigan, seconded by Mr. George, to adopt Resolution No. 7726-03.

Motion adopted. All members voting yea.
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15. 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. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 1/21/03).(Pg. 26)

Motion by Mr. George, seconded by Mr. Corrigan, to place Ordinance No. 9-03 on second reading and refer it back to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.

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16. 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. (DEFERRED 1/21/03)(Pg. 28)

Mr. Dunn read from Police Chief Malley’s report, in which it indicated the meeting a further investigation was requested at the 1/21/03 Council Meeting. Mr. Dunn read from the report. “…reports have been compiled by the Division of Police and are attached. The new owner has been operating the business since November 8, 2002. A further investigation has determined that the owner is now in compliance with all requirements for proper postings and permits. An investigation into the criminal charges against a clerk indicated that he was indicted and charged for several felonies and plead guilty to a sexual imposition misdemeanor 3 and assault misdemeanor 1. These charges did not result from him working in pager store in Cleveland. Based on these findings and in compliance with Ohio Revised Code, Sections 4303.292 I could find no cause to object.”

Mr. Dunn submitted the following report:

This matter was discussed at a Public Safety Committee meeting earlier this evening at which Councilman FitzGerald is a member also, Councilwoman Roth is the Ward Council person for this area. It was discussed whether we did have a basis to object. Law Director Spellacy was good enough at the conclusion of the Committee meeting to pencil the resolution that will send a message to the State Liquor Board if it is approved, which is consistent with the recommendation from our Committee that we do object . The basis of that is that , while this seems to be a successful business in the City it was my feeling as a member of City Council we have to speak out on what are proper community standards and it would appear that this business owner has shown bad judgment in hiring somebody, granted, the person’s only a clerk, in hiring a person with such a past. On that basis, I make a motion to file an objection to the transfer of this liquor permit..

Motion by Mr. Dunn, seconded by Ms. Roth, to object to the transfer of this liquor permit.

Mr. FitzGerald said that we could prevail at a Liquor Board hearing based on the theory that the business was practically a one employee business. He said that at any given time there would be one employee managing the facility. He said it was his understanding of State Law, that if that person committed an offense that would reflect on their ability to operate the establishment properly that that could be grounds for denial. Mr. FitzGerald said that the previous offense the person named in the report, plead guilty to and not what he was charged with, was an assault on a patron and was sexual imposition on a patron. He said because this individual who was working at this facility and was the sole employee, and therefore, in his opinion, the manager of that facility it was appropriate to object to this transfer.

On the motion to object.
All members voting yea.

….
{ADD-ON}
16A. RESOLUTION NO. 7731-03 – An Emergency Resolution to object to the transfer of ownership of liquor permits from MACS Convenience Stores LLC d/b/a DAIRY MART #5247 to All Rousan Family, d/b/a as Dairy Mart, for an establishment located at 12500 Detroit Avenue, the City of Lakewood, Ohio 44107.

Motion by Mr. Dunn, seconded by Mr. FitzGerald, to adopt Resolution No. 7731-03.

Motion adopted. All members voting yea.

****NEW BUSINESS****

17. Communication from Councilmembers Dunn and FitzGerald regarding Lakewood West Nile Virus Task Force. (Pg. 30)

Motion by Mr. Dunn, seconded by Mr. FitzGerald, to receive and file the communication.

Mayor Cain remarked that it was customary the Mayor would have appointments to the Task Force and asked if that would be the intention of the Resolution. Mr. Dunn replied that the Task Force was made in consultation with the Mayor’s Office and that representatives from the Administration was reflected on the Task Force. Mayor Cain said she would like to add to the Committee individuals whose lives were impacted by the illness. She said she wasn’t sure that those people were represented on the Task Force. Mr. Dunn said that would be appropriate and that the Resolution was setting up the Executive Committee only. He said the Task Force was under the auspices of the Health & Human Services Committee and said that it would be in consult with the Administration.

Mr. FitzGerald said the purpose of the Executive Committee was to collect information. He said the aim was to get professionals who would be able to get information. He said he did want the report to be balanced and fair. He said if it ended up not being balanced, that it would be a report Council wouldn’t respond to anyway. He said the goal of the Task Force was to make sure that a deliberative process was gone through before decisions were made.

Ms. Roth expressed concern over the timing, indicating the report suggested aggressive larviciding and notification and that these had impacts on the Budget. She wanted to awareness of timing of the Health Department Budget presentation and Budget Hearings to be factored.

Mr. FitzGerald said he anticipated there would be a communication regarding an Environmental Protection Board which he said he hoped would be a permanent committee or commission.

Mayor Cain said she did want to reassure Council that larviciding has been budgeted for.

Motion adopted. All members voting yea.
….

18. RESOLUTION NO. 7728-03 - A RESOLUTION to establish the executive committee of the Lakewood West Nile Virus Task Force, consistent with the recommendations of the Health and Human Services Committee, dated August 23rd and October 7th, 2002. (Pg. 32)

Motion by Ms. Roth, seconded by Mr. Dunn, to adopt Resolution No. 7728-03.

Residents spoke opposing spraying, asking for use of a non-toxic spray, indicating spraying contaminates gardens and effects immune systems of those with respiratory problems. Shaker Heights was cited as successfully using of larviciding and garlic-based spray. A person thought if Lakewood started sooner in larviciding and removing standing water was done better the mosquito population would have been reduced. Statements made that Shaker Heights did not spray at all last year and had less West Nile Virus cases than the year before, that Chagrin Falls did not spray last year.

Dr. Sanders stated that he was dedicated to looking at all sides of the West Nile Virus issue.

Mr. Corrigan said he wanted to address comments made about Lakewood concerning larviciding instead of spraying. He said the City did aggressively larvicide last summer. He said that Council and the Administration had spent a lot of time and County health presentations at Metro Health Medical Hospital. He said that more information would yield better results.

Motion adopted. All members voting yea.
….

19. Communication from Councilmember Dunn regarding Resolution to Honor Lakewood’s Swingos on the Lake. (Pg. 33)

Motion by Mr. Dunn, seconded by Mr. George, to receive and file the communication.

Comments made regarding civic leadership of Swingos brothers.

Motion adopted. All members voting yea.

….

20. RESOUTION NO. 7729-03 – A RESOLUTION to honor Lakewood’s Swingos on the Lake for earning six consecutive “Best of Award of Excellence” awards as recognized by Wine Spectator Magazine, which rates the restaurant as one of the top 300 Restaurant Wine Programs in the world. (Pg. 35)

Motion by Ms. Roth, seconded by Mr. Dunn, to adopt Resolution No. 7729-03.

Motion adopted. All members voting yea.
…..

21. Communication from Mayor Cain regarding Certificate of Achievement for Financial Reporting. (Pg. 36)

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

Motion adopted. All members voting yea.
….

22. Communication from Mayor Cain regarding Suburban Water Regional Council of Governments. (Pg. 37)

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

Motion adopted. Six members voting yea.
Ms. Roth absent for vote.
….

23. ORDINANCE NO. 11-03 – AN ORDINANCE authorizing membership in the Suburban Water Regional Council of Government formed pursuant to Chapter 167 of the Ohio Revised Code to represent the Municipal Corporation members in communications, understandings, uniform approaches and exchange of information between the Council of Governments and the Cit of Cleveland with respect to water service, system and local operations, rates, maintenance and capital improvements. (Pg. 38)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 11-03 on First Reading and refer it to the Public Works Committee.

Motion adopted. Six members voting yea.
Ms. Roth absent for vote.
….

24. Communication from Finance Director Blasko regarding 2003 Appropriation. (Pg. 45)

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

Motion adopted. All members voting yea.

….

25. ORDINANCE NO. 12-03 – AN EMERGENCY ORDINANCE to establish appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2003. (Pg. 47)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 12-03 on First Reading and refer it to the Finance Committee.

Mr. George announced the Budget Hearings as this Saturday, the 8th at the Public Library, the 15th in the Jury Room and the following Saturday, 22nd at Lakewood United Methodist Church. The intent is to have this completed by the first Council Meeting in March. He said that night meetings could be held if needed.

Motion adopted. All members voting yea.

….

26. Communication from Planning & Development Director Pietravoia regarding Contracting Authority for Environmental Engineering Services in the West End District. (Pg. 50)

Motion by Mr. Seelie, seconded by Ms. Roth, to receive and file the communication to the Finance Committee.

Motion adopted. All members voting yea.

….

27. RESOLUTION NO. 7730-03 – AN EMERGENCY RESOLUTION authorizing the Mayor or her designee to engage a professional firm to provide environmental engineering services for the City of Lakewood to conduct an environmental assessment of properties located within the proposed West End mixed-use project area, which shall be funded by or through CenterPoint Properties, Inc. (Pg. 51)

Motion by Mr. Seelie, seconded by Mr. George, to adopt Resolution No. 7730-03.

Motion adopted. All members voting yea.

….

ITEMS 28 & 29 – ADD-ONS

28. Public Safety Committee Oral Report regarding Ordinance No. 152-02 (deferred 1/21/03)

Mr. Dunn submitted the following report.

Earlier this evening, the Public Safety Committee, which is comprised of Councilman FitzGerald and I had a meeting to discuss the City of Lakewood entering into an agreement with the Westshore Council of Governments to allow authorized WEB agents to carry firearms. Currently, of the six participating communities Lakewood is the only one not to have agreed to this contract of the communities that have participated Bay Village, Fairview Park, North Olmstead, Rocky River and Westlake. What this will do is that it allows officers who are coordinated with different municipal police departments to carry firearms in the course of their duties. This ensures that the officers are provided protection. This arrangement is consistent with the Attorney General’s opinion and all the WEB agents are confirmed officers, highly trained at the police academy and here tonight who is also participating in the Committee meeting, Detective Jeff Capretta, is a WEB detective, is also a former detective of the Lakewood Police Department. It was recommended by the Committee that this Ordinance be adopted and with that I move to receive and file.

Motion by Mr. Dunn, seconded by Mr. FitzGerald, to receive and file the oral report.

Motion adopted. All members voting yea.

….

29. 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, DEFERRED 1/21/03)(Pg.15) .(Pg. 12)

Motion by Mr. Dunn, seconded by Mr. George, to adopt Ordinance No. 152-02.

Ms. Roth said she would be voting against the ordinance. She said that this would be similar to setting up a setting up a separate police department without public oversight as Lakewood police officers and police officers of other communities are all trained and work together under oversight. She said that there was a need to be careful in terms of law enforcement to ensure laws are enforced appropriately and that there is accountability to the public.

Mr. George asked Chief Malley if the Officers of the Westshore Council of Governments reported to him. Chief Malley replied that they report to him when they work in Lakewood. He said for the most part, they would be working with the officers directly. Mr. George asked if he was in favor of the ordinance and Chief Malley responded that he was. Mr. George asked then who the WEB agents would be reporting to while in other communities. Chief Malley said they would report to the Chief or Executive Officer of the specific community according to its structure as well as the Council of Government Mayors.

Ms. Roth said she understood the need for coordination in addressing issues that effected several communities but had reservations about placing more people on the street with guns when the oversight was uncertain. She said too that she had difficulty securing financial information including an audit. She said she did not think at this point in time the need for making this change.

Motion adopted. Six members voting yea.
Ms. Roth voting nay.
Ordinance No. 152-02 adopted.
….

Mr. Dever asked about an update on the Traffic Study. Mr. Pietravoia said that traffic counts are completed in the area and today received from their subcontractor estimates of the traffic that would be generated by the new development and are reviewing those numbers. He said as soon as they complete their review, they’ll turn the information over to the City. He said that’s the first phase of the work they’re doing. Mr. Dever asked the name of the Firm, Mr. Pietravoia responded, “Oxbow”.

Mr. Seelie asked about status of the car repair shop on Madison.

Meeting adjourned 10:29 P.M.

Approved:____________________________ ________________________
CLERK
________________________
PRESIDENT