Lakewood City Council Meeting Minutes

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

Regular Meeting of the Lakewood City Council called to order at 7:36 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, 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, Human Resources Administrator Reynolds.

Pledge of Allegiance
Moment of Silence
Roll Call

Reading and Disposal of the Minutes of the Regular Meeting of Council held 3/17/03.

Motion by Mr. George, seconded by Mr. Dunn, to approve the Minutes of 3/17/03 without the necessity of a reading.

Motion adopted. All members voting yea.

….

Without objection from Council, Items 28, 29, 30, 31, 32 and 33 are brought to the beginning of the agenda.

Without objection from Council Public Comment was heard after item 33.

****OLD BUSINESS****

1. Committee of the Whole Verbal Report regarding Ordinance No. 14-03, Economic Development Fund Approval for the Winking Lizard, Inc.

Mr. Seelie submitted the following report:

Members of City Council met last Monday, March 31 to discuss, this is on third reading, a $15,000 forgivable five year loan to the Winking Lizard that bought the old Elk’s building, they will restore that building, it is a locally owned full-service restaurant. There will be banquet facilities there as well. The total project is $1,250,000. The $15,000 forgivable loan is for professional architectural and engineering fees associated with the project to off-set the private investment. The initial job creation will be 20 full-time people and 15 part-time for a total of 35 full-time equivalent individuals. The initial payroll’s expected to be $750,000. The Elk’s building which I believe has a lot of historical significance and located in the heart of the City is a good place for this restaurant. There’s enough parking, it closes, I believe they said 12:00 – although a cliché is truly a win-win situation for everyone. I look forward to having this open and people enjoying it.

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

Motion adopted. All members voting yea.

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2. 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). (PLACED ON 1ST READING & REFERED TO THE COMMITTEE OF THE WHOLE 3/3/03, 2nd READNIG 3/17/03) (Pg.7)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 14-03.

Motion adopted. All members voting yea.
….

3. Committee of the Whole Verbal Report regarding Authorizing the use of the Economic Development Fund for a Professional Service Contract for Phase II Environmental Activities for Hinkley Lighting – Ordinance No. 29-03.

Mr. Seelie submitted the following report:

Again, on March 31, last Monday, the Committee of the Whole met regarding an application for $60,000 loan, I forgot to mention that the loan for Winking Lizard comes out of our Public Investment Program of the Economic Development Fund. This is also out of that Fund. It is Hinkley Lighting, located on Berea Road and there’s not a lot of expansion of light manufacturing. This is one example of the City not only worrying about one economic development plan but we were looking at the Center of the City and now here we are in the industrial part of the City. The business is a manufacturing distribution of electrical fixtures, been in the City for 25 years and now it wants to begin to reinvest and modernize the plant. What’s being sought here is approval from the Economic Development Fund in the amount of $60,000 for the City of Lakewood to contract with Hull & Associates to conduct the federally necessary Phase II Environmental activities study.

Presently Hinkley Lighting has 67 full-time employees, this is to retain those employees, and five part-time for what would be 70 full-time equivalent. The payroll is over $3,000,000 (three million dollars). I think I speak for all Council when I say this is a text book example of how a City should be using their federal, economic development fund program to retain businesses in this case and in the Winking Lizard case to create new businesses using facilities as we did with the Elk’s building.

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

Ms. Roth indicated the suspension of the rules was requested because several steps were required to complete the project, including the Phase II Study in terms of Brownfields to enable the property to be expanded. She said the other part was a grant application timeline.

Motion adopted. All members voting yea.
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4. ORDINANCE NO. 29-03 – AN EMERGENCY ORDINANCE authorizing the use of the Economic Development Fund (EDF) Public Investment Program and to enter into a professional services contract in an amount not to exceed Sixty Thousand Dollars ($60,000.00), with the Hull & Associates, Inc., for the purposes of conducting Phase II Environmental Assessment activities on the Hinkley Lighting properties located at 12600 and 12750 Berea Road Lakewood, Ohio, as part of a Clean Ohio Grant Fund application to the State of Ohio. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 3/17/03)(Pg. 8)

Motion by Mr. Seelie, seconded by Ms. Roth, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 29-03 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. 29-03.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie.
Nays: None
Motion adopted.

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5. 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. (PLEASE SUBSTITUTE FOR ORDINANCE 10-03A PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/3/03, PLACED ON 2ND READING, REPORTED OUT ON AND RECOMMENDED FOR ADOPTION 3/17/03). (Pg. 9)

Law Director Spellacy indicated that on page 12 of the docket (Page 4 of Ordinance 10-03A)– there is a typographical error containing an addition to the substitute ordinance that should be deleted. In bold, Item 10 – “Asphalt Materials and Services for $215,000” should be deleted. Mr. Spellacy advised that a motion to delete should be made.

Motion by Mr. Seelie, to amend Ordinance 10-03A by deleting item 10 – of the substitute, seconded by Mr. George.

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

Motion by Mr. Seelie, seconded by Mr. Dunn, to substitute Ordinance No. 10-03A as amended.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie.
Nays: None
Motion adopted. Ordinances 10-03A substituted.

Motion by Mr. Seelie, seconded by Mr. George, to adopt as substituted.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie.
Nays: None
Motion adopted. Ordinances 10-03A adopted as substituted.

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6. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/3/03, PLACED ON 2ND READING, REPORTED OUT ON AND RECOMMENDED FOR ADOPTION 3/17/03). (Pg. 14)

Motion by Mr. George, seconded by Ms. Roth, to adopt Ordinance No. 1-03A.

Motion adopted. All members voting yea.

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7. Health & Human Services Verbal Communication regarding Living Wage Ordinance.

Mr. FitzGerald submitted the following communication:

We’ve had a continuing effort to adopt a living wage ordinance in the City of Lakewood and this is the latest effort in what I think is going to be a successful effort. This is our first, really substantive ordinance that we’ve placed before Council for consideration on first reading tonight. This is part of an going effort by local advocates also individuals from the Lakewood community in particular, the folks from Jobs with Justice to pass these types of ordinances with the theory being that we’re creating momentum and helping other entities do this and create a kind of society that pays a living wage. I participated, folks from Jobs with Justice, and a lot of the local labor unions participated recently in an effort to get the County to adopt this as well. Not only are we going to be passing it, hopefully, for the City of Lakewood but we’re helping to create a climate where other entities are also going to be passing it. To make a quick note of what the process is going to be from here on out and what this ordinance is here today. There is some fine-tuning that needs to be done, there’s some gaps and some additions and amendments that need to be made to this ordinance that’s in front of you today. And we’ve made some throughout the Committee process, there are some others that need to be made. I anticipate that we will be putting this on second reading at our second meeting in April, for third reading and adoption the first meeting in May. I would invite members of the Administration to participate in the Committee meetings. I anticipate we’ll have two more Committee Meetings to fine-tune this. As you go through it, you may notice some things may be incongruous in the legislation, we still have an opportunity to correct those. With that, I’d ask that you support this on first reading and I thank all members of Council for their continued support, especially Councilman Dunn’s who’s been participating in all the Committee meetings and has been very supportive of this and co-sponsor with me.

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

Mr. Dunn said that time and effort was being expended to be sure the focus is made on the working poor in Lakewood. He said a living wage ordinance was predicated on the belief that tax money if expended should not pay anything less than a living wage. He said people who work in the community should make a wage which they are able to pay for food, lodging and have a certain quality of life.

Motion adopted. All members voting yea.
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8. ORDINANCE NO. 30-03 – AN ORDINANCE to enact new Chapter 113, Living Wage, of the Codified Ordinances of the City of Lakewood for the purpose of requiring qualified businesses who contract with the City to pay an hourly wage which enables the employee to live above the level of poverty. (Pg. 15)

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to place Ordinance No. 30-03 on 1st Reading and referred to the Health & Human Services Committee.

Motion adopted. All members voting yea.
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9. Planning Commission’s response to a Council Referral regarding a Potential Amendment to the Setback along the North Side of Lake Road, west of Webb Road to Lake Point Drive. (Pg. 19)

Motion by Mr. George, seconded by Mr. Dever, to receive and file the report.
Motion adopted. All members voting yea.
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{Bond Anticipation Note Ordinances Nos. 15-03 through and including Ordinance No. 28-03 were placed on 1st Reading & Referred to the Finance Committee 3/17/03}

Motion by Mr. George, seconded by Mr. Seelie, to read into the record and after read into the record to place items 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, Ordinances 15-03 through and including 28-03 on second reading and refer them back to the Finance Committee.

Motion adopted. All members voting yea.

10. ORDINANCE NO. 15-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $80,000 Sidewalk Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving certain streets designated by Council by reconstructing sidewalks and drive aprons as necessary. (Pg. 21)

11. ORDINANCE NO. 16-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $201,500 Motorized Equipment Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of acquiring motorized equipment and appurtenances thereto. (Pg. 23)

12. ORDINANCE NO. 17-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $468,000 Municipal Building Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of renovating, furnishing and equipping municipal buildings and properties and improving sites. (Pg. 25)

13. ORDINANCE NO. 18-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $1,155,000 Wastewater Treatment Plant Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving sanitary sewers and the City’s wastewater treatment plant. (Pg. 27)

14. ORDINANCE NO. 19-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $20,000 Pool Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Foster Pool and Madison Pool. (Pg. 29)

15. ORDINANCE NO. 20-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $535,600 Park Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving park facilities and sites and roadways therein. (Pg. 31)

16. ORDINANCE NO. 21-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $50,000 Tree Planting Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets and municipal properties by clearing, trimming and planting trees. (Pg. 33)

17. ORDINANCE NO. 22-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $166,400 Computer Equipment Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of acquiring computers and systems therefor for municipal purposes. (Pg. 35)

18. ORDINANCE NO. 23-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $760,000 Street Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving certain streets designated by Council by resurfacing with deep grind and overlay and reconstructing curbs as necessary. (Pg. 37)

19. ORDINANCE NO. 24-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $40,000 Traffic Signalization Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets by improving traffic signalization. (Pg. 39)

20. ORDINANCE NO. 25-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $70,000 W. Clifton Road & Manor Park Avenue Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving certain streets designated by Council by improving West Clifton Road and Manor Park Avenue by resurfacing. (Pg. 41)

21. ORDINANCE NO. 26-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $312,000 Hilliard Road/Franklin Boulevard Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Hilliard Road/Franklin Boulevard from Lakeland Avenue to Bunts Road by resurfacing and reconstructing sidewalks, curbs and drive aprons as necessary. (Pg. 43)

22. ORDINANCE NO. 27-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $80,000 W. Clifton Boulevard Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving West Clifton Boulevard from Clifton Boulevard to Riverside Drive by resurfacing. (Pg. 45)

23. ORDINANCE NO. 28-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $180,000 Bunts Road Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Bunts Road at Detroit Road by widening and providing an additional turn lane. (Pg. 47)

(per motion – to place previous bond anticipation note ordinances on 1st Reading & refer back to Finance – all members voted yea)

****NEW BUSINESS****

24. Communication from City Council regarding City of Lakewood Green Building Policy. (Pg. 49)

Mr. Dunn said he would not read his correspondence stating that there was a docket item in January that proposed green building in the Community. Mr. Dunn referred to the attachment in the docket showing Cost Comparison Case Study – The Nature Center. He said the middle column highlighted showed “Conventional ‘No Green’” described different phases on what it meant to be green under the certification process. He said that an “All Green” would have initial expenses and that would be recouped over the life cycle of the building in savings from utilities. He said green architecture was a public policy effort that offered City economical savings, natural environment preservation and promoted economic development . Mr. Dunn indicated that studies of green architecture in schools indicated less absenteeism and better scholastic performance. Mr. Dunn said that the implementation of the policy would be voluntary. He said there was agreement with colleagues to avoid the perception of additional regulation being created. He said he would not want the effect of discouraging investment in the community. He said the policy would attract more and more people when cost savings were made evident. He asked that the communication be provided to the different Boards and Commissions governing land use throughout the community. He said he hoped it would be part of their deliberations. He said he also asked the Resolution be referred to the Housing Committee and the Administration. He also asked that semi-annual progress reports be provided to review trends and opportunities allowing for Lakewood to take a leadership role in green architecture.

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

Motion adopted. All members voting yea.
….

25. RESOLUTION NO. 7746-03 – A RESOLUTION to adopt a City of Lakewood Green Building Policy, to promote sustainable development strategies consistent with the enormous opportunities to effect change in the way buildings are designed, built, and maintained to ensure that Lakewood is an environmentally responsible, profitable, and healthy place to live and work. (Pg. 59)

Motion by Mr. Dunn, seconded by Mr. Dever, to adopt Resolution No. 7746-03.
Motion adopted. All members voting yea.

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26. Communication from Councilmember George regarding Resolution Supporting SBC’s Entry Into the Long Distance Phone Market In Ohio. (Pg. 62)

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

Mr. George indicated the attachments reflect correspondence from the Communications Workers of America, AFL-CIO – urging adoption of course of action. He said also the First Suburbs Consortium urged adoption. He said this would allow SBC to enter the long distance market to compete with other phone companies.

Mr. FitzGerald said he had issues with the particular company’s billing practices and believed the PUCO had problems too with the company’s rate structure for senior citizens. He said he was not comfortable adopting the legislation.

Mr. Dunn provided he was currently employed by SBC and stated it would be a conflict of interest for him to participate in the discussion of the issue. He said he would recuse himself from the vote.

Motion adopted. Five members voting yea.
Nay: Mr. FitzGerald
Abstention: Mr. Dunn
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27. RESOLUTION 7747-03 – AN EMERGENCY RESOLUTION in support of increased competition in Ohio’s long-distance market. (Pg. 65)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7747-03.

Motion adopted. Five members voting yea.
Nay: Mr. FitzGerald
Abstention: Mr. Dunn
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28. Communication from Mayor Cain regarding Resolution for Elizabeth Hankins Ohio Public School Orchestra Teacher of the Year 2002. (Pg. 66)

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

Motion adopted. All members voting yea.

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29. RESOLUTION NO. 7748-03 – A RESOLUTION for Lakewood resident Elizabeth Hankins as she is recognized as the Ohio Public School Orchestra Teacher of the Year for 2002, as selected by the Ohio Orchestra and String Teachers Association. (Pg. 67)

Motion by Ms. Roth, seconded by Mr. Corrigan, to adopt Resolution No. 7748-03.
Motion adopted. All members voting yea.
….
30. Communication from Mayor Cain regarding Resolution for Judith Carey. (Pg. 68)

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

Motion adopted. All members voting yea.
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31. RESOLUTION NO. 7749-03 – A RESOLUTION thanking Judith Carey for her outstanding service as Director of the Department of Human Services for the City of Lakewood. (Pg. 69)

Motion by Mr. George, seconded by Mr. Corrigan, to adopt Resolution No. 7749-03.

Motion adopted. All members voting yea.
….
32. Communication from Mayor Cain regarding Days of Remembrance of the Victims of the Holocaust. (Pg. 70)

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

Motion adopted. All members voting yea.

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33. RESOLUTION NO. 7750-03 – A RESOLUTION, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, April 27th through Sunday, May 4, 2003, including the international Day of Remembrance known as Yom Hashoah, April 29th 2003. (Pg. 71)

Motion by Mr. George, seconded by Ms. Roth, to adopt Resolution No. 7750-03.
Motion adopted. All members voting yea.
….
(Public Comment followed items 33)
34. Communication from Mayor Cain regarding Additional Contracting and Appropriations Ordinance: 2003 Street Maintenance and Repair Fund. (Pg. 72)

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

Mr. Seelie stated that since 1999 City Council has added additional money for streets. He said he would have no problem adopting the ordinance that night.

Mr. Corrigan stated that the Public Works Committee met that night and the issue was discussed in general terms. He said there was agreement additional money was needed and the $150,000 added to the $75,000 was welcomed but thought further review was required on how the streets would be done, what would be done and what streets would be done. He said the Public Works Committee would like to meet. He said that the work would not be able to start until after the Fourth of July regardless of expediting the readings and asked for more review. Mr. Seelie agreed.

Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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35. ORDINANCE NO. 31-03 – AN EMERGENCY ORDINANCE to establish additional appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2003. (Pg. 74)

Motion by Mr. George, seconded by Mr. Corrigan, to place Ordinance No. 31-03 on 1st Reading and refer it to Public Works Committee.

Motion adopted. Six members voting yea.
Mr. Dunn absent for vote
….

36. ORDINANCE NO. 32-03 – 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 additional street repair projects 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. 75)

Motion by Ms. Roth, seconded by Mr. Corrigan, to place Ordinance No. 32-03 on 1st Reading & refer it to the Public Works Committee.

Motion adopted. All members voting yea.
….

37. Communication from Mayor Cain and Council President Seelie regarding Donation of Service Car to the Lakewood Police Benevolent Fund. (Pg. 77)

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

Mr. Seelie quoted from a letter from the Board of Directors, “our intent is to restore it to original, operating condition. All funding, including title, registration, repair, insurance and operating expenses would be born by the Benevolent Fund. It would then be used for display and things such as memorial services, funerals, and parades. In order to secure the vehicle for the future, the Fund would agree to return the vehicle to the City upon its demise or desire to dispose of it”.

Mr. Seelie said he didn’t know if the section referencing return of the vehicle would have to be added to the ordinance or if that would be addressed.

Ms. Roth said she would like that added to the ordinance. She said after it was refurbished she expected it would be worth a considerable amount. She said it should be made clear that if the Benevolent Fund would not use the vehicle as it was intended that the City would want it back. Mr. Seelie said this was his understand and that would be addressed. He said too that this was the 100th year anniversary of Harley Davidson. He said this may be a way for the Benevolent Bund to secure money to help in the refurbishing.

Motion adopted. All members voting yea.

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38. ORDINANCE NO. 33-03 – AN ORDINANCE authorizing the Mayor to make a gift of a 1950’s motorcycle to the Lakewood Police Benevolent Association for the purpose of refurbishing said motorcycle to be used at public events by the Association. (Pg. 78)

Motion by Mr. Seelie, seconded by Mr. George, to place Ordinance No. 33-03 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.

….

39. Communication from Mayor Cain regarding Resolution to Accept and Expend Funds for the FEMA Assistance to Firefighters Grant Program. (Pg. 79)

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

Ms. Roth asked what else could be bought, applied for.

Fire Chief Mroz responded that this was an ongoing grant and was actually for 2002, and there was another one coming out in 2003. He said grants included areas as purchase of apparatus, purchase of safety equipment, for training purpose and fire prevention. He said there has been in excess of two billion dollars in requests for these monies and Lakewood was one of the City’s fortunate enough to be successful in the bid. He said it was difficult to get larger grant monies unless equipment that is so obsolete or non-existent within the Department to compete for larger, as an example Fire Apparatus. He said this equipment put in for would upgrade the breathing air compressor at Fire Station 1 that’s used to re-fill all SCBAs. He said the equipment that is 15 years old and although it is usable this will not only upgrade it, it will expand it twice the current capacity. This will also make it possible to bring to the sight of working house fires a mobile trailer which has the capability of filling air on-site. He said they were looking to do that on top of the other requests for next year’s grant.

Motion adopted. All members voting yea.

….

40. RESOLUTION NO. 7751-03 – A RESOLUTION authorizing the Mayor as Director of Public Safety, on behalf of the City, to enter into an Agreement with the Federal Emergency Management Agency to accept and expend funds for the Assistance to Firefighters Grant Program. (Pg. 80)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7751-03.

Motion adopted. All members voting yea.
….

41. Communication from Law Director Spellacy regarding Easement Agreement with the Sisters of Charity of St. Augustine. (Pg. 81)

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

Mr. FitzGerald said there will be access to more than 100 yards of lake front property that Lakewood residents haven’t had before. He said now money would have to be acquired to develop it. He said the first step is the grant proposal submitted to the State of Ohio. He said they were hopeful about that. He said the agreement was drafted to accept other funds. He said the easement did not cease to exist if the grant would fail. He said there was a tight deadline that the Administration met in negotiations. He said the agreement makes the grant proposal much stronger. Discussion was had on the deadline – The presentation process deadline was identified as April 17, and Mr. Spellacy said funding would be available in the fall of 2003. Mr. Spellacy said the money would then be spent in 2004. Mr. FitzGerald gave thanked volunteer efforts from Middough Associates, Lakefront Coalition, Don and Rerko.

Motion adopted. All members voting yea.

….

42. ORDINANCE NO. 34-03 – AN ORDINANCE to authorize the Mayor of the City of Lakewood to enter into the necessary agreements with The Sisters of Charity of St. Augustine to obtain an easement to the City’s benefit for certain lakefront property known by street address as 14808 Lake Avenue, Lakewood, Ohio 44107. (Pg. 82)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place on 1st Reading and refer Ordinance 34-03 to the Committee of the Whole.

Motion adopted. All members voting yea.

….

43. Communication from Finance Director Blasko regarding Auction of Obsolete Equipment. (Pg. 93)

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.

….

44. ORIDNANCE NO. 35-03 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Finance to sell, through public auctions, various obsolete, surplus and non-functioning City vehicles, materials and/or equipment. (Pg. 94)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 35-03 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
….

45. Communication from Public Works Director Boag regarding Additional Contract Authority for the 2002 Warren Road Sewer Improvements Project. (Pg. 95)

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

Mr. George clarified with Mr. Boag for reasons of the suspension; that the project started in 2001, was in the second year where people in the area having a problem. Mr. Boag indicated this was the second phase of the project. Mr. George asked if completion of the project may help alleviate flooding problems in other areas. Ms. Roth asked about lateral pipes to the properties. She said that traditionally connections on private property weren’t paid for by the City. Mr. Boag said that this was the for the portion on public property. He said these would go from the street to the “Test T”.

Motion adopted. All members voting yea.
….

46. ORDINANCE NO. 36-03 – AN EMERGENCY ORDIANNCE 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 for the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg. 96)

Motion by Mr. George, seconded by Mr. Seelie, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 36-03 on final reading.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: Non
Motion adopted. Rules suspended

Motion by Mr. George, seconded by Mr. Seelie, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 36-03 on final reading.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: Non
Motion adopted. Rules suspended

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 36-03.

Ms. Roth asked if this would be coming from General Fund or Sewer Fund Money. Mr. Boag responded Sewer Fund.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: Non
Motion adopted. Rules suspended
….

47. Liquor Permit Application for C1 & C2 classes to Cordova Beverage 777066 d/b/a Cordova Beverage, 17020 Madison Avenue. (Pg. 98)

Motion by Mr. Dunn, seconded by Mr. George, to defer action on this application.

Mr. Dunn said he talked with the Police Chief and understood this application is currently being investigated and asked that it be deferred.

Motion adopted. All members voting yea.

….

48. Communication from Mayor Cain regarding the Lakewood Stands Together Project.

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

Ms. Roth said she thought the idea was creative and congratulated the Administration. Mr. Dunn said that it was helpful to bring people together to share views. He said he also appreciated Mayor Cain’s recognition of the need to support the men and women abroad in the military.

Motion adopted. All members voting yea.

….

Meeting adjourned. 10:17 P.M.

Approved:__________________________ ______________________________
PRESIDENT

______________________________
CLERK