MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
MARCH 3, 2003
7:30 P.M.


Regular Meeting of the Lakewood City Council called to order at 7:38 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, 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 2/18/03.

Without objection from Council, items 3, 4, 5, 6, 7, 8, 9, and 10 were read first on the agenda. Without further objection from Council Public comment followed item 10.

****OLD BUSINESS****

1. Finance Committee Report regarding 2003 Appropriations Ordinance. (Pg. 6)

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

Mr. George indicated he received a summary sheet from Finance Director Blasko. He itemized the following for the record:
$3,700 for grant funded travel in the Litter Control Grant Fund
Cuyahoga CountyViolence Prevention Fun d- Decrease of 22,000 is a result of Program not being funded.
The Deep Grind & Overlay will come to $470,000 of additional funds in the Capital Program, there’s also a decrease of $100,000 in the Park Improvements to help defray that cost. Winterhurst Ice Rink – Increase Professional Services $5,000 for continuation of marketing study – Increase Equipment $5,000 for related implementation of marketing study. In addition, the professional services contracting ordinance will be amended to reflect a $10,000 increase for development of a cafeteria plan for employee hospitalization. This $10,000 will be absorbed within current appropriations. Mr. George said the cafeteria plan had been recommended by Mr. Seelie for some time and that he thought it was an excellent idea to pursue to address the health care costs that were mounting considerably. He said this year the City was budgeting about $4.4 million for employee healthcare. He said also that professional services contract that was addressed earlier and that the Finance Committee asked for a ten percent reduction across the board with a net savings of close to a quarter of a million dollars. He said there would be a million General Fund Balance and the Finance Committee recommended unanimously to adopt the Appropriations Ordinance.

Mr. Corrigan said that discussion regarding street repair would continue in the Public Works Committee.

Mr. Seelie said that since 1999 there was an effort to double the amount of streets to be repaired. He said that it was decided that the sidewalk to sidewalk approach was the best approach but said it left a gap for streets that needed repair and would not be able to for 10-15 years.

Mr. Seelie said that it was important to note the larger picture regarding budget priorities. He said the revenues received this year wa $1.1 million dollars less. He said this included other government funds, federal and state and local fund, inheritance income, and income tax, personal income tax and other revenues. He said then, wages and benefits, hospitalization, workers comp., and insurance, that that was $3.8 million dollars more. He said if those are added together, that’s $5 million dollars. He said there were 48 states that were in deficits, did not balance their budget. He said the City was not alone, and would not avoid problems regarding this.

Ms. Roth thanked the Mayor and her staff for keeping costs down and following a conservative budget. She said that the City was fortunate not to be facing some of the deficits similar to those of Euclid and some of the other cities.

Mr. Dunn stated that all agreed the City was in tough budgetary times and commended the leadership of the Finance Committee for having meetings on the road, which invited people from the public to attend who would not ordinarily do so.

Motion adopted. All members voting yea.

….

2. 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. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 12-03 PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/3/03, PLACED ON 2ND READING 2/18/03) Pg. 8)

Motion by Mr. George, seconded by Mr. Seelie, to substitute Ordinance No. 12-03 with the items provided by the Finance Director.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance No. 12-03 substituted.

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 12-03 as substituted.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance No. 12-03 adopted as substituted.

****NEW BUSINESS****

3. Communication from Councilmembers Corrigan and George regarding Honoring Lakewood Firefighters. (Pg. 10)

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

Mr. Corrigan further recognized the quick response, skill and courage of the rescuers and firefighters who made the rescues possible. Mr. George said he wanted to echo Mr. Corrigan’s thoughts and added words of appreciation to the firefighters.

Motion adopted. All members voting yea.
….

4. RESOLUTION NO. 7739-03 - A RESOLUTION honoring Firefighters Milan Tanasijevic and Robert Dean for their courage in helping two young children to safety during a fire at 2040 Lewis Drive, Lakewood. (Pg. 11)

Motion by Mr. George, seconded by Mr. Corrigan, to adopt Resolution No. 7739-03.

Mayor Cain stated Mr. Tanisijevic, Mr. Dean and all of the firefighters were heroic and courageous in their recent actions and continue a long tradition of dedication and professionalism.

Motion adopted. All members voting yea.
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5. Communication from Councilmembers Corrigan and George regarding Honoring Michelle Sikes. (Pg.12)

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

Mr. George read from an article stating that Lakewood was considered to have the number one cross-country program in the State by the Ohio Athletic Association, based upon year in, year out achievements of the cross-country team.

Motion adopted. All members voting yea.

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6. RESOLUTION NO. 7740-03 – A RESOLUTION to honor Michelle Sikes of the Lakewood High School girls’ Cross Country team for her outstanding performance during the 2002 Cross Country season. (Pg.13)

Motion by Mr. George, seconded by Mr. Corrigan, to adopt Resolution No. 7740-03.

Mayor Cain mentioned that the Hometown Heroes Sign planned to be erected at the entrance of the City will have Michelle’s name on it.

Motion adopted. All members voting yea.

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7. Communication from Councilmembers Dunn and Roth regarding Adult Protective Services. (Pg.14)

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

Ms. Roth thanked Gerry Nelson for bringing the issue to Council’s attention. She said that Ms. Nelson is a member of the senior council that oversees senior programs. She thanked Paulette McMonagle for helping to put the resolution together.

Mayor Cain indicated that funding cuts such as the one mentioned and others will directly effect Lakewood citizens. She urged passage of the Resolution.

Ms. Roth further provided that the cut at the State level had not yet been made. She said discussions during budget hearings were had regarding the issue and indications were the City’s budget would not be impacted negatively, but research would be done to find if local ordinances could be used to replace the mandates. She said she understood Jennifer Mladek from the Law Department was working on that issue.

Motion adopted. All Members voting yea.

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8. RESOLUTION NO. 7741-03 – A RESOLUTION to restore the funding and preserve the mandate for Adult Protective Services. (Pg.15)

Motion by Ms. Roth, seconded by Mr. Dever, to adopt Resolution No. 7741-03.

Motion adopted. All members voting yea.
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9. Communication from Councilmember Dunn regarding Cuyahoga County Human Services. (Pg. 16)

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

Mr. Dunn provided that passage of the levy would ensure quality of life for many citizens and that absence of support would have a devastating effect on vulnerable citizens. He said, without the levy there would be a reduction or elimination of programs that help people move from poverty to self-sufficiency, abused and neglected children, seniors to remain in their homes, and the development of infant and early childhood protective programs. He said the most drastic effect should the levy fail would be the cut to Medicaid-eligible workers which he said are close to 6,000 people in the community.

Mr. George indicated that County Commissioner Timothy McCormack wrote Council indicating the levy was critical.

Motion adopted. All members voting yea.
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10. RESOLUTION NO. 7742-03 – A RESOLUTION to encourage Lakewood voters to support passage of the Cuyahoga County Human Services levy on the May 6, 2003 primary ballot, and ensure that the necessary resources are available to adequately meet the vital human service needs of the citizens of our county. (Pg. 17)

Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Resolution No. 7742-03.

Mr. Dunn thanked Mary Louise Madigan from the Health and Human Services of the County for providing information. Jim Corrigan from the County was also present to urge support. Mayor Cain expressed support of the levy, indicating the millage being asked for was reasonable. She said that Columbus and the Federal Government are significantly reducing money coming back to the County. She said that more and more of the responsibility for those most at risk would continue to fall on county government and local communities. Mayor Cain said voters in the community have always and overwhelmingly supported human services levies.

Motion adopted. All members voting yea.
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11. Communication from Mayor Cain regarding Lakewood Skate Park Committee Appointments. (Pg. 19)

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

Motion adopted. All members voting yea.
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12. Communication from Finance Director Blasko regarding Amendments to Contracting Ordinances. (Pg. 20)

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

Motion adopted. Six members voting yea.
Mr. FitzGerald absent for vote.
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13. ORDINANCE NO. 10-03A – AN EMERGENCY ORDINANCE amending Ordinance No. 10-03, adopted January 21, 2003 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. 21)

Motion by Ms. Roth, seconded by Mr. Seelie, to place Ordinance No. 10-03A on First Reading and refer it to the Finance Committee.

Motion adopted. Six Members voting yea.
Mr. FitzGerald absent for vote

14. ORDINANCE NO. 1-03A – AN EMERGENCY ORDINANCE amending Ordinance No. 1-03, adopted February 3, 2003, for the purpose of adjusting contracting authority and to grant additional 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 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. (Pg. 26)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 1-03A on First Reading and refer it to the Finance Committee.

Motion adopted. Six members voting yea.
Mr. FitzGerald absent for vote
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15. Communication from Finance Director Blasko regarding $8,700,000 City of Lakewood, Ohio General Obligation Bond. (Pg. 28)

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

Motion adopted. All members voting yea.

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16. ORDINANCE NO. 13-03 – AN EMERGENCY ORDINANCE to provide for the issuance of $8,700,000 Bonds for various purposes. (Pg. 29)

Mr. George asked the Law Director if it was appropriate to file the fiscal officers certificates – Items 17 through 39 at one time. Mr. Spellacy responded that it would be appropriate, that it has been done in the past.

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 13-03, on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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Motion by Mr. George, seconded by Mr. Corrigan, to receive and file the certificates reflected in item Nos. 17 through 39.

Motion adopted. All members voting yea.

Fiscal Officers Certificates for following items:
17. $915,000 Municipal Buildings. (Pg. 37)
18. $150,000 Franklin Boulevard Improvement Bonds. (Pg. 38)
19. $230,00 Hilliard Road Improvement Bonds. (Pg.39)
20. $184,000 Homewood Drive Improvement Bonds – City’s Portion. (Pg.40)
21. $46,000 Homewood Drive Improvement Bonds – Property Owners’ Portion. (Pg.41)
22. $184,00 Gold Coast Lane Improvement Bonds – City’s Portion. (Pg.42)
23. $46,000 Gold Coast Lane Improvement Bonds – Property Owners’ Portion. (Pg.43)
24. $216,000 Forest Road Improvement Bonds – City’s Portion. (Pg.44)
25. $54,000 Forest Road Improvement Bonds – Property Owners’ Portion. (Pg.45)
26. $80,000 Indianola Avenue Improvement Bonds – Property Owners’ Portion. (Pg.46)
27. $320,000 Indianola Avenue Improvement Bonds – City’s Portion. (Pg.47)
28. $56,000 West Forest Drive Improvement Bonds – Property Owners’ Portion. (Pg.48)
29. $224,000 West Forest Drive Improvement Bonds – City’s Portion. (Pg.49)
30. $80,000 Overbrook Avenue Improvement Bonds – Property Owners’ Portion. (Pg.50)
31. $320,000 Overbrook Avenue Improvement Bonds – City’s Portion. (Pg.51)
32. $175,000 W. Clifton Boulevard Improvement Bonds. (Pg.52)
33. $200,000 Hilliard Road Improvement Bonds. (Pg. 53)
34. $585,000 2002 Street Improvement Bonds. (Pg.54)
35. $289,000 Communication Equipment Bonds. (Pg.55)
36. $675,000 Municipal Buildings Improvement Bonds. (Pg.56)
37. $190,000 Park Improvement Bonds. (Pg. 57)
38. $1,785,000 Sanitary Sewer Improvement Bonds. (Pg. 58)
39. $696,000 Hilliard Road Improvement Bonds – Sewers. (Pg. 59)
{Certificates were received, filed and referred to the Finance Committee in previous motion}
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40. Communication from Planning & Development Director Pietravoia regarding Cuyahoga County Brownfield Redevelopment Loan Fund Application for the property located at 16512-28 Detroit Avenue future home of the IHOP Restaurant. (Pg. 60)

Mr. FitzGerald said he was familiar with Mr. Kuluris’s record and said the City should be happy about its selection. He said Mr. Kuluris was a life-long resident, had a history of civic activity, worked on other projects in Lakewood and was someone who was always looking to improve the City.

Mr. George asked about the status regarding the IHOP Restaurant. Mr. Pietravoia responded that IHOP was still at the table, that their strategy had changed as far as working with a local developer and then they will ground lease the property from the local developer once the building is actually constructed. Mr. George asked if this was a 24-hour restaurant. Mr. Pietravoia said that it was never proposed as a 24-hour restaurant and would be normal hours within Lakewood’s laws.

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

Ms. Roth said she was pleased that the sentence referencing “a plan for cost recovery from the original party responsible for contamination of the site” was contained in the language. She said she assumed the City would continue to aggressively pursue that and if appropriate – pursue criminal action also. Mr. Spellacy responded that was correct.

Motion adopted. All members voting yea.

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41. RESOLUTION NO. 7743-03 – A RESOLUTION authorizing the Mayor or her designee to apply for financial assistance through the Cuyahoga County Brownfield Redevelopment Loan Fund for the purposes of funding the potential purchase and environmental remediation of the property (PP#311-30-032) located at 16512-28 Detroit Avenue Lakewood, Ohio, future home of the IHOP Restaurant. (Pg. 62)

Motion by Mr. George, seconded by Mr. Corrigan, to adopt Resolution No. 7743-03.

Motion adopted. All members voting yea.
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42. Communication from Planning & Development Director Pietravoia regarding Economic Development Fund Approval for the Winking Lizard, Inc. (Pg. 64)

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

Ms. Roth asked if when we allocate the EDF funds if the jobs that have been promised are monitored. Mr. Pietravoia responded that the Federal requirements for expenditure of the block grant require that over the period of the loan each year we monitor and bench marks have to be reached annually.

Ms. Roth asked how many projects used EDF funds beyond the Galaxy Balloon and Yorktown Project. Mr. Pietravoia responded Virginia Marti, Optometric Storefront at Sloane Plaza. Ms. Roth said that at the Committee of the Whole she would like to see a report that shows how successful the City’s been at this.

Motion adopted. All members voting yea.
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43. ORDINANCE NO. 14-03 – AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into an agreement with the Winking Lizard, Inc., d.b.a. the Winking Lizard Tavern and Restaurant, James Callam, Managing Partner, 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 Fifteen Thousand Dollars ($15,000.00). (Pg. 65)

Motion by Mr. Seelie, seconded by Mr. George, to place on 1st Reading and refer Ordinance No. 14-03 to the Committee of the Whole.

Motion adopted. All members voting yea.
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44. Communication from Police Chief Malley regarding Resolution for University Hospitals Health System DUI Prevention Task Force Grant. (Pg. 67)

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

Motion adopted. All members voting yea.
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45. RESOLTUION ON. 7744-03 – AN EMERGENCY RESOLUTION authorizing the Mayor, as Safety Director, to enter into an agreement on behalf of the City to accept and expend grant funds, in an amount not to exceed $4,000, from University Hospitals Health System/Rainbow Babies & Children’s Hospital for the purpose of providing saturation patrols to enforce DUI laws within the City of Lakewood. (Pg. 68)

Motion by Mr. Seelie, seconded by Ms. Roth, to adopt Resolution No. 7744-03.

Motion adopted. All members voting yea.
….

46. Liquor Permit Application for C1 and C2 transfers to Fathi Mart Inc. d/b/a Lake Beverage, 13396 Madison Avenue, from Farah International d/b/a Lake: -

Mr. Dunn read from a report/correspondence from Police Chief Malley, stating an investigation had been conducted relevant to this liquor permit transfer and that the report was attached. Mr. Dunn said he found that there was now a new policy that Police Department would no longer make recommendations to object or not to applications. He said that put more of the onus on the Public Safety Committee and Council and said he was sure they were up to the challenge. He said he wanted to make sure the applications were fully reviewed, and that he had reviewed the present one and found no reason to object. He said he wanted to defer to the other member of the Public Safety Committee and the ward Councilman, Council President Seelie, to see if they had any reason to object.

Mr. FitzGerald said that there had been a decision made starting with that night’s report that expert opinion would no longer be offered by the Police Department or the Law Department, or anybody else as to whether or not there’s grounds for objecting to a report. He said Council was entitled to expert opinion, that it may not be followed but that it was necessary to take into consideration. Mr. FitzGerald said that he has scrutinizez liquor permit applications over the years and took them seriously and knew other councilmembers did too. He said the change in policy is something that should be brought up in the Public Safety Committee. He asked what the necessity of the change was, what inspired the change.

Police Chief Malley responded that the change wasn’t meant to offend any Member of Council. He said that by not making recommendations any further he was following more clearly the ORC regarding objections to liquor permit. He said he believed it was the role of Council to decide on the objection whether the Police Chief made a recommendation or not. He said they would submit the report, do the investigation and let the Public Safety Committee make its decision.

Mr. FitzGerald asked Chief Malley if he had a problem expressing an opinion as to whether or not there was grounds to object to a permit. Police Chief Malley responded that he did not.

Mr. FitzGerald said he’d like to have a Committee meeting on the issue. He said he did not object to going forward with the liquor permit before them but said he found the Police Chief’s opinion valuable. He said he thought it appropriate to have law enforcement or the Law Department if the Law Enforcement doesn’t feel comfortable with to express an opinion as to whether or not there’s grounds. He said he didn’t think that should just be deferred to. He said with all due respect to the expertise on Council that more opinions would be warranted.

Mayor Cain said she thought the discomfort on the part of the Administration was in recognizing Ohio law didn’t give a lot of ability to successfully object. She said the Police Chief was put in a position of going on record stating there were no grounds for objection when there might be problems but problems that did not meet the legal requirements to object. She said the Administration was saying the Police Chief needed to be in an objective, neutral position and that the policy makers needed to make the determination. She said the City almost always or maybe always lost in liquor permit objections. She said the Administration’s position was that the Police Chief should not be put in that position to make a public statement that there was no objection, when in fact there were problems. She said that it was their position that from now on that’s the way they were going to be handling it.

Mr. FitzGerald said he understood there could be places where a Police Chief or the Administration may not want to allow a transfer because of activities which they may find objectionable but in good faith knew there would be no legal basis to prevail in court. He said that because some people might misconstrue those opinions doesn’t mean the opinions shouldn’t be given.

Mr. George said he shared Councilman FitzGerald’s concerns. He asked the Mayor if Council was being put in a position to have to hire its own investigative force to make recommendations. He said there were ways to articulate concerns about a particular establishment and incorporate those into a report. He said this would mean Council would have to request from the Police Chief if a specific concern was out of the norm, if something was a continuing problem, or how many citations were given compared to other establishments. He said he agreed the State was very strict and that realistically permits have already been approved before they come before Council. He said this meant the City was in a position to have to override the State’s decision.

Ms. Roth said she would like this discussed in the Public Safety Committee to decide what kind of advice Council would like. She said that she was concerned, though, that in a couple of cases Council had overridden the recommendation of the Police Chief. She said that in one case there was a recommendation that a permit be denied by a vote of three to three it did not pass. She said that Council went in the other direction on a recent liquor permit. She asked if it was helpful to the City’s case to have on the record a recommendation from the Chief stating one thing and Council voting differently. She said if Council was going to now take the frontline responsibility for this, that everyone needed to get a copy of the investigative report.

Mayor Cain said she agreed with a lot of the comments but said Councilwoman Roth made an important point. She said that having the Police Chief go on record, having that overturned, was why the Administration took a second look at this. She said that she had an historical perspective regarding the issue dating back to the early eighties. She said previous Councils went to this approach because they didn’t want to wear the jacket for wanting to object and then having Columbus overturn that objection. She said the policy changed back a very long for what Council to have “cover”. She said in the early eighties City Councilmembers sought the approach of having the Police Chief make a recommendation so that Council, in fact, did not have to. She said she was real clear that she wasn’t talking about the present Council said times change, personalities change and Members of Council change but that under her Administration the Police Chief would not be making a recommendation. She said if Committee wanted more information from the Administration it would be coming from the Law Director, that it would not be coming from the Police Chief.

Mr. Seelie said he believed Members of City Council would refer it to Committee and said all indications were that the recommendation would come back to expect a recommendation from the Administration.

Mayor Cain said it wouldn’t be coming from the Police Chief.

Mr. Seelie said it didn’t matter where it came from, that he wanted the recommendation.

Mr. FitzGerald asked if a piece of legislation would need to be passed. He said he wasn’t wedded to anything but said that whatever course was taken it wouldn’t have to do with anybody getting credit, blame, cover or anything else. He said they would figure out what worked best so that the City’s wishes would be respected in Columbus.

Mr. Seelie said that the change was actually taking a step back in time by trying to politicize the process instead of receiving a professional recommendation from those who were most familiar with the issue.

Mayor Cain responded that that those recommendations have not been taken by Council.

Mr. Seelie said that without the recommendations Council could not do the job it was elected to do.

Mayor Cain stated that Council had chosen not to take the recommendation of the Police Chief in recent history and Mr. FitzGerald asked how many times, what percentage of times. Mayor Cain responded that it was too many times in her view.

Mr. FitzGerald asked if it wasn’t good enough that Council agreed in 90 percent of the time.

Motion by Mr. Seelie, seconded by Mr. George to defer. Ms. Roth asked about the deadline.

Mr. FitzGerald said he didn’t have a problem with this particular liquor permit. He said the policy change should have first been brought up in front of the Public Safety Committee.

Mr. Seelie said the point remained that expertise was needed just like the expertise required from other Departments.

Motion by Mr. Seelie, seconded by Mr. FitzGerald to defer.

Mr. Dunn asked the Law Department if deferring it would create a problem.

Mr. Corrigan asked to file an extension.

Mr. Spellacy responded to Mr. Dunn that it may. He said he filed for an extension once on the property and getting a second one may be a problem. He said one is given as a matter of course. He said he couldn’t tell for sure one way or the other and couldn’t guarantee that guarantee that he’d apply for it.

Mr. Corrigan asked if this had been on the docket before

Mr. Seelie asked for a roll call on that motion.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Seelie
Nays: Roth
Motion to defer adopted.

…..

46. Liquor Permit Application for D1, D2, D3 D3A, and D6 transfers to Winking Lizard of Lakewood/b/a Winking Lizard Tavern, 14018 Detroit Avenue, from BPOE Lodge 1350 Lakewood same address. (Pg. 72)

Mr. Dunn indicated he spoke with the Police Chief and that the application was still under investigation.

Motion by Mr. Dever, seconded by Mr. Seelie, to defer the liquor permit until the next meeting.

Motion adopted. All members voting yea.
….

ADD-ONS

47. Public Works Committee Oral Report regarding Ordinance 11-03 –Suburban Water Regional Council of Governments Membership.

Mr. Corrigan submitted the following report:

The Public Works Committee met tonight regarding Ordinance No. 11-03, An Ordinance authorizing membership in the Suburban Water Regional Council of Governments. This organization has been proposed by the Cuyahoga County Mayors and Managers Association for political subdivisions that receive water and or water related services from the City of Cleveland. The Council of Governments will negotiate with the City of Cleveland for water related issues and advocate with the City of Cleveland on water related issues. The Committee recommended unanimously to approve the ordinance 11-03.

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

Ms. Roth asked if there were dues involved in the membership. Mr. Corrigan responded that that question was asked during Committee and there were no membership fees. Ms. Roth said the water rates were set by the City of Cleveland and asked under what authority the group would have to influence those rates. Mr. Corrigan indicated the role would be more of a lobbying group that would monitor and question the water rates and the expenditures of the City of Cleveland in relation to the water rates for the suburbs.

Mayor Cain said that the organization was originally a result of a civil action taken against Cleveland. She said the Court mandated an organization be formed for a checks and balances of City of Cleveland water rates. She said over time it faded and the Mayors and Managers renewed the organization. She said this official body representing all suburban governments will result in specific information being provided to the Mayors and customers.

Motion adopted. All members voting yea.
…..

48. ORDINANCE NO. 11-03 – AN ORDINANCE authorizing membership in the Suburban Water Regional Council of Governments 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 City of Cleveland with respect to water service, system and local operations, rates, maintenance and capital improvements. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 2/3/03, PLACED ON 2ND READING 2/18/03)Pg. 6)

Motion by Mr. Corrigan, seconded by Mr. Dunn, to Adopt Ordinance NO. 11-03.

Motion adopted. All members voting yea.

Meeting adjourned 10:34 PM.

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Approved:___________________________ ____________________________
PRESIDENT

____________________________
CLERK