MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
June 2, 2003
7:30 P.M.

Regular Meeting of the Lakewood City Council called to order at 7:30 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, Public Works Director Boag, Finance Director Blasko, Police Chief Malley, Planning & Development Director Pietravoia, Assistant Safety Director for the Division of Building & Housing Gallagher, 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 5/19/03.

Motion by Mr. George, seconded by Mr. Seelie, to defer action on the Minutes of 5/19/03.
Motion adopted. All members voting yea.

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Without objection from Council Items 33, 34, 12, 13, 15 and 16were brought forward in that order to the beginning of agenda.

Without further objection from Council comments on non-agenda items were heard after item 16.

****OLD BUSINESS****

1. Committee of the Whole Verbal Report regarding hiring an independent negotiator.

Mr. Seelie submitted the following report:

Committee of the Whole met this evening to discuss hiring an independent negotiator. When the Agreement is signed by the Mayor, we have fifteen days to hire a negotiator. Within fifteen days that negotiator then has to report back to City Council on the progress of their work. We have the authority then to continue that or not to. It would then go to the next step in the process. The Law Department will be working with City Council to send out requests to some schools, Cleveland State, Case, professional negotiators, retired judges to try to get the best, possible person we can. However, we did not decide on anything tonight. That is why I’m just going to move to receive and file this. We did, however, decide on contracting authority meaning we can put out a contract for it and we also had contracting and appropriation authority not to exceed $10,000. Those are the decisions we decided on but they’re at the end of this docket.

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

A Resident - read letter from another resident living on Graber stating West End project – relied on questionable designation of blight – 35 million dollars amounted to corporate welfare – false data used. Author of letter noted Developer apparently singled out certain owners for special treatment, singled out certain people for eminent domain. The letter writer indicated he had not yet been approached by Developers.

A resident stated that May 20th she asked for the Development Agreement adopted by Council and asked why it was not yet provided.

Mr. Pietravoia responded that he would make sure she receives the document.

The resident also asked for the school agreement.

Mr. Pietravoia said that there was confusion about the exhibits, that the Agreement was prepared and could have been provided. He said exhibits were being reviewed prior to the signature by the Mayor to make sure that everything was in order, and after that he would call the resident.

A resident asked if at some time over the next couple of meetings he could find out how much the City is indebted to and/or has paid the School Board and how much the cost is to date for Mr. Coyne, representing the City for the representation on the West End.

On the motion to receive and file.
All members voting yea.
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2. Finance Committee Verbal Report regarding Appropriations Adjustment for Accepting Payment from Virginia Marti College - Brownfield Redevelopment Loan Balance.

Mr. George submitted the following report:

Dear Members of Council, your Finance Committee met prior to the meeting tonight to discuss Ordinance 43-03, Brownfield Loan – Virginia Marti College. Pursuant to the Development Agreement entered into by the City with the College, the Brownfield Loans were utilized to purchase and remediate the vacant theater building at 11726-28 Detroit Avenue and to demolish the former auto body repair shop on the adjacent property located on Hird. Upon completion of the remediation and demolition, the properties were subsequently sold to the College and the rehabilitation of the building was initiated. This is essentially a pass-through for a loan of $100,000 to pay back the County. Virginia Marti has taken title and cleaned the property for a fall opening. Your Finance Committee voted unanimously to vote adoption of 43-03 this evening.

Motion by Mr. George, seconded by Mr. Seelie, to receive and file the verbal report.
Motion adopted. All members voting yea.
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3. ORDINANCE NO. 43-03 – AN EMERGENCY ORDINANCE adjusting appropriations for expenditures in the General Fund for the fiscal year ending December 31, 2003 for the purposes of accepting payment from the Virginia Marti College of Fashion and Design per the Development Agreement dated October 18, 2001, which in turn shall be applied by the City toward payment of the outstanding loan balance due on the related Cuyahoga County Brownfield Redevelopment Loan. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 5/5/03, PLACED ON 2ND READING 5/19/03). (Pg. 6)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 43-03.
Motion adopted. All members voting yea.
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4. Finance Committee Verbal Report re: Ordinance 7-03A, Park Improvements; Increase Contract Authority For Lakewood Park Improvements.

Mr. George submitted the following report:

Dear Members of Council, your Finance Committee met this evening to discuss Park Improvements; Increase Contract Authority For Lakewood Park Improvements – - the bus turn-around at Lakewood Park – part of the refurbishing of Lakewood Park. The RTA portion of this which is $243,000 out of the $400,000 we would be reimbursed for our portion by RTA - $157,000. There’s an additional $70,000 request because the bids that came in were over what they had budgeted hence the Finance Committee voted unanimously this evening to recommend suspension of the rules and adoption of 7-03A so this project can proceed in a timely fashion.

Motion by Mr. George, seconded by Mr. Dever to receive and file the verbal report.
Motion adopted. All members voting yea.
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5. ORDINANCE NO. 7-03A – AN EMERGENCY ORDINANCE amending Ordinance No. 7-03, adopted February 3, 2003 for the purpose of increasing contracting authority and 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 FINANCE COMMITTEE 5/19/03) (Pg. 8)

Motion by Mr. George, seconded by Mr. Corrigan, to suspend the rules requiring the ordinance be read on three separate occasions and placing Ordinance No. 7-03A on final reading.

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

Motion by Mr. George, seconded by Mr. Seelie to adopt Ordinance No. 7-03A.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance No. 7-03A adopted.
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6. Public Works Committee Verbal Report regarding Resurfacing of West Clifton Boulevard Between Riverside Drive and Clifton Boulevard.

Mr. Corrigan submitted the following report:

Your Public Works Committee met this evening along with the Chair, Councilpersons Dever and Dunn were in attendance and also Councilperson Roth. We discussed the resurfacing project of West Clifton Boulevard between Riverside Drive and Clifton Boulevard. This is a State project with the Ohio Department of Transportation providing 80% of the cost of the replacement of the pavement surface, repairs to the pavement base, new pavement striping on West Clifton Boulevard and replacement of the curb ramps with new ADA accessible ramps containing detectible warning for the visually impaired. Lakewood’s 20% share of this, as indicated is $80,000. The time frame for the start of this project is September. The Public Works Committee unanimously recommended passage of Resolution 7765-03 at tonight’s meeting.

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

Motion adopted. All members voting yea.
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7. RESOLUTION NO. 7765-03 – AN EMERGENCY RESOLUTION authorizing the Mayor, on behalf of the City of Lakewood, to enter into agreements with the Ohio Department of Transportation providing for the resurfacing of West Clifton Boulevard (REFERRED TO PUBLIC WORKS COMMITTEE 5/19/03)(SR-237/US-20) (Pg. 10).

Motion by Mr. Corrigan, seconded by Mr. Dever, to adopt Resolution No. 7765-03.
Motion adopted. All members voting yea.

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8. Health & Human Services Committee Verbal Report regarding Cuyahoga Options for Elders Program (OPTIONS)

Mr. FitzGerald submitted the following report:

Your Health & Human Services Committee met earlier this evening and Director Buckon gave us information about OPTIONS Program having to do with getting funding through the Cuyahoga County Department of Senior and Adult Services – for home delivered meals, medical transportation, etc. My colleague, Mr. Dunn and I unanimously suggested that our recommendation to Council be that we pass this resolution.

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

Motion adopted. All members voting yea.
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9. RESOLUTION NO. 7766-03 – AN EMERGENCY RESOLUTION authorizing the Mayor or her designee, on behalf of the City, to enter into an Agreement with the Cuyahoga County Department of Senior and Adult Services to accept and expend funds awarded for the purpose of providing service through the OPTIONS Program. (REFERRED TO HEALTH & HUMAN SERVICES COMMITTEE 5/19/03)(Pg.12)

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to adopt Resolution No. 7766-03.

Motion adopted. All members voting yea.
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10. Liquor Permit for a D3A permit class to Patrick M. Sullivan, d/b/a Inne Irish Pub & Restaurant, 13368 Madison Avenue, Lakewood, Ohio 44107. (Deferred 5/5/03, and 5/19/03)(Pg. 14)

Mr. Dunn said that at the last Council Meeting it was discussed that Council would want a decision made on the application in front of the Planning Commission before the issue was revisited. He said the Planning Commission is scheduled to hear from the petitioner the next day.

Motion by Mr. Dunn, seconded by Mr. FitzGerald to defer action on this liquor permit until the June 16, 2003 Council Meeting.

A Chesterland Avenue resident said she rose to speak to let Council know what the citizens of Chesterland have being living through since the establishment was opened. She said the Planning Commission has not listened to residents and the quiet, quaint street has turned into the “Madison Walk” – similar to what is experienced on St. Patrick’ Day in the community. She said that this is now experienced six days a week – prohibiting the enjoyment of walking down the street – encountering “drunks and non-neighbors”. She said sidewalks and curbs have been taken from residents by the establishment’s patrons. She said the Fire Department and EMT vehicles are unable to enter the street because of the valet parking allowed in the area. She said for a month and a half the residents have withstood continuous tractor trailer traffic, putting pot holes in the street, that four neighbors have put their houses up for sale, two have sold.

On the motion to defer action.
Motion adopted. All members voting yea.
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11. RESOLUTION NO. 7763-03 – AN EMERGENCY RESOLUTION to object to the issuance of a new D3A liquor permit to Patrick M. Sullivan dba Inne Irish Pub & Restaurant for an establishment located at 13368 Madison Avenue, City of Lakewood, Ohio 44107. (Deferred 5/19/03)(Pg. 15)

Motion by Mr. Dunn, seconded by Mr. FitzGerald, to defer action on this Resolution until the next meeting.

Motion adopted. All members voting yea.

****NEW BUSINESS****
12. Communication from Councilmember Dunn regarding Proposed Legal Holiday for All Non-essential Employees of the City of Lakewood in Commemoration of Veterans Day; Amendment to LCO 149.10 of the Administrative Code. (Pg. 17)

Motion by Mr. Dunn, seconded by Ms. Roth, to receive, file and refer the communication to the Rules & Ordinances Committee.

Mr. George said that when he worked for the State and County, Veterans Day was a legal holiday. He asked if someone from the Administration could explain why Veterans Day isn’t a day off at City Hall, if there was a trade to make the day after Thanksgiving a day off. He commended Mr. Dunn on the recognition of Veterans Day.

Mayor Cain said that Veterans Day has not been held a holiday except for Police and Fire Bargaining units that the present Administration didn’t initiate the practice. She thanked Mr. Dunn for bringing the issue to allow Council to take action to make Veterans Day a holiday for all the employees.

Mr. Corrigan said this will enhance the present celebrations the City partakes in each November 11 at Lakewood Park, which he said involved people from the schools, representatives from police and fire and various people from the military.

A Korean War Veteran, 50 year member of the American Legion – said he would appreciate Council’s support making Veterans Day a legal holiday for city employees. He asked if a Veteran’s luncheon could also be considered to include a program with speakers such as a person from the Veterans Administration to talk about benefits - or others.

A resident said he wanted to distinguish Memorial Day from Veteran’s Day. He said Memorial Day honors those who served and passed away, a day of mourning - Veterans Day, he said was Armistice Day at one time and celebrates all veterans.

Mr. Seelie said he would support making Veterans Day a legal holiday in the City, indicating, however that an additional holiday to the 14 holiday/personal days currently provided would have to be done right. He said not to make it just a non-essential employee provision but to make it the exact kind of holiday as the others. He said it would cost approximately $100,000 to make it a holiday, not counting PERS and Workers Comp. He said that would probably amount to approximately $120,000. He said that States and Cities are in financial trouble, and that as he believed Veterans Day should be a legal holiday, it need to be worked out. He said Unions and/or non-bargaining employees could be asked to trade their personal day and make Veteran’s Day a holiday. He said money should not be the only consideration but that $120,000 was substantial enough to warrant further study. He said the veterans who lived in Lakewood but didn’t work for the City would not receive the rewards and honors from an action like this - that only the City employees would. He said that he would not vote for the Resolution until the formula for adding the holiday would be worked out such as reducing a personal day, taking one holiday like the day after Thanksgiving or choosing other options.

Mr. Dunn said he wanted to clarify that in the designation of non-essential employees, it was understood that the Police and Fire never get a holiday – that they’re on twenty-four hours, seven days a week. He said he didn’t want to exclude anybody. He said it was his understanding that two of the three bargaining units have come to terms and recognized the day as a legal holiday and have been compensated accordingly. He said also that although it would not be a day of work, whatever the expense would be, it would be mitigated because the cost of operating expenses would not be used. He asked for support of the resolution and the ordinance when it’s drafted by the Law Department.

Mr. Seelie said that Veteran’s Day is not a day off for the 165 employees in the bargaining unit, AFSCME. He said there were 205 non-bargaining unit employees. He said Human Resources Administrator Reynold’s indicated that the cost of an additional holiday would be approximately $99,735. without considering pension contributions and Medicare.

Mr. Dunn said that Veteran’s Day warranted consideration as a legal holiday.

Ms. Roth said there would be services lost for that day but the direct impact on the budget would be negligible. She said this addressed non-essential employees so there would be no overtime and because dollars were already budgeted for the day it would not mean additional costs.

On the motion to receive, file and refer the communication to the Rules & Ordinances .
Motion adopted. All members voting yea.
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13. RESOLUTION NO. 7767-03 – A RESOLUTION to dedicate November 11th as a legal holiday for all non-essential employees of the city of Lakewood in commemoration of Veterans Day, a day to honor all veterans of the U.S. armed forces and those killed in battle, acknowledging that our society is strengthened through recognition of the shared sacrifice of its citizens, many of whom made the ultimate sacrifice of dedicated public service and died for our country. (Pg. 19)

Motion by Mr. Dunn, seconded by Ms. Roth, to adopt Resolution No. 7767-03.
Motion adopted. Six members voting yea.
Mr. Seelie voting nay.
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14. Communication from Councilmember Dunn regarding Proposed “pre-dawn” amendment to LCO 905.02. (Pg. 20)

Motion by Mr. Dunn, seconded by Mr. Corrigan, to receive, file and refer the communication to the Rules & Ordinances Committee and to the Law Department for drafting of appropriate legislation.

Ms. Roth asked Police Chief Malley the impact on safety of a 1 hour earlier opening of the park.

Chief Malley responded that he did not anticipate an impact.

Motion adopted. Six members voting yea.
Mr. Seelie absent for vote.
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15. Communication from Councilmember Dunn regarding Resolution to Proclaim June 2003 as LGBT Pride Month. (Pg. 21)

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

Mr. Dunn said that he believed the resolution is consistent with the nation’s understanding of honoring the diverse ethnic, cultural, racial, and social groups that add to the cultural mosaic of the nation. He said last month was Asian/Pacific Month, March was Irish Heritage Pride month, February was African American History Month and the first Gay/Lesbian Pride month happened in June, 2003 – which was recognized by the President of the United State at the White House.

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

Mr. Seelie said that he thought everyone should be proud of who they are and what they believe in. He said he commended Mr. Dunn for bringing a resolution forward but did not believe that Section 2 should be in the Resolution – flying the flag over City Hall. He said that that should be for the Stars and Stripes. He said that the issue of mandating the Mayor to put up a flag was also not a good idea.

Mr. Dunn said that this would not be to substitute the Nation’s flag. He said the Nation’s flag should be the most prominent flag at City Hall and that it always will be. He said he didn’t think it did set a bad precedent because it is recognition as recognized by many governmental entities, giving celebration to the diverse contributions and groups that comprise the community.

Mr. Dever said he was supportive of the Resolution but also questioned the section stating the display of a flag. He said there were numerous groups throughout the community that should be recognized and currently there were only three flags that are flown outside of the American Flag and the Ohio banner. He said one was the POW/MIA Flag and the other was the Red Cross Flag. He said at one time there was a Child Abuse Prevention Flag. He said his concern was that of opening the door to many additional flags. He said we needed to be careful on what was flown and suggested instead of five days, one day be established to allow time for other flags to be flown over City Hall.

Mr. Dunn said he opposed the limitation to one day – saying that there were 52 weeks in a year and that the LGBT community could be provided one week and that it would not take away from all the contributions other groups have made to the City. He said that he would lend his support to other flags being flown.

Mr. Dever said he wanted to be inclusive and said there were many groups out there and asked where one would start and where one would stop.

Mr. Seelie asked if Council had the power to mandate the Mayor to fly the flag or not. He asked if that was not the Mayor’s discretion.

Law Director Spellacy responded that the day to day operations of the City was the duty of the Mayor’s. He said he would need time to research the question to respond specifically.

Mr. Seelie said if Council wanted to delete Section 2 – the Mayor has the right to fly the flag if she chooses. He said that was the way it should be and that was the way it was on States and Federal level.

Mr. FitzGerald said he didn’t find the substance of the Resolution troubling but was concerned that similar to a couple of years ago when there was a debate and eventual vote on health benefits for same sex partners the process ended up divisive. He said that at a candidate’s forum Mr. Dunn said that if he was on Council at that time he would have voted against that measure because of how it was handled that not enough of a consensus had been gathered on the issue. Mr. FitzGerald said that he wished that when this type of issue is brought forward during an election year that a lesson would be learned from the past before Council started taking votes on it. He said that if he had to take a vote on it tonight he would but that he thought that the issue was thrown out without any discussion about it, without it going to a committee.

Mr. Dunn responded that when it came to public service, especially as an elected official, that there was nothing more defaming than to misrepresent somebody for something they didn’t do or didn’t say. He said that FitzGerald was no acting with malice but that his recollection was mistaken. He said that he definitely recalled what he said was consistent with what he felt. He said in terms of referencing the debate on domestic partners, he said that this was a positive because it recognized that no one in the community was as second class citizen. He said that it generated discussion.

Ms. Roth said she supported Mr. Dunn’s efforts in bringing the issue forward. She addressed Mr. Dever’s comments regarding making a decision on requests for flying flags one at a time. She said the citizens of Lakewood deserved some recognition. She said that in terms of civil rights that a lot has been done for a lot of different groups including Irish people. She said there was past history as all know where the Irish were not particularly welcomed in the country. She said that this would be an important step for the City to take. She said that raising the flag for a week is a sign that Lakewood does embrace diversity and do believe it’s important that all the citizens of the City feel that they’re a part of it. She said it was an important resolution.

Mr. George said he would support the resolution. He said the strength of the community was the diversity in the community. He said there were instances in the past where there was a discussion of placing a sign on the corner of Franklin and Bunts to honor a prominent citizen. He said then some people were concerned about the precedent that would be sent and said that this was valid, that precedents shouldn’t be set lightly. He said he would support the Resolution for LGBT Pride and would support other resolutions for other causes such as Veterans, Irish Brigade that fought in the Civil War or any other aspect of Lakewood’s rich community.

A Resident said he disagreed with the Resolution because he thought it would take the place of the MIA and POW flag. He said as a veteran he was totally opposed to flying a flag for these types of people.

A Graduate Student supported the resolution. He referred to a Carnegie Melan Economist’s national research stating that an important indicator of economic well-being for a City was how it was able to welcome diverse communities. He said too that as a psychology student he has become familiar with research on lesbian, gay, bisexual, transgender youths who he stated are disproportionately represented in depression, suicide, substance abuse and homelessness.

Mr. FitzGerald said that the previous dialogue was exactly like the debate had during the domestic partner issue. He said it was not a healthy, productive debate for the community. He said to Mr. Dunn, if he misrepresented what he said, that he apologized but that he knew Mr. Dunn certainly decried the way it was handled – that it was much too divisive. He said the reason it was divisive was that the hearing went on for hours and hours, that individuals would get up making statements for it and statements against it. He said there was no broad-based effort to recognize all groups. He said that with the domestic partner issue, it could have been done better with improving insurance access for everybody including gays and lesbians. He said it wasn’t done that way and became divisive and was an unproductive debate. He said in this instance, there could have been something done to recognize a whole array of ethnic groups and different cultural groups within the City including gays and lesbians. He said he would vote for the resolution but said that the same type of politics that Mr. Dunn decried back then was unintentionally being brought back. He said it wasn’t helpful for the gay or straight community at the time.

Mr. Dunn said that the resolution was not meant to be divisive but was an effort toward community building and recognition. He said that in terms of the recollection of the domestic partner debate, he said he would say it was regrettable because it did not pass. He said that it was regrettable that it was not handled in a way that there was not more community support. He said that was not a reflection on the people who proposed it, and was not a reflection on the people who came forward to represent themselves at City Council Meetings. He said that that type of participation should be encouraged and embraced. He said that the thing that was regrettable was that the proposal did not pass.

A resident said that all the major religions identify homosexuality as an abomination. He asked why in God’s name would the City honor something like this, something that was against the laws of nature, against the laws that have studied the religions. He said he didn’t want the rainbow flag flying in front of his City Hall.

A resident spoke opposing the resolution stating that recognizing ethnic groups would be preferred as opposed to recognizing people for a sexual preference. The resident said that if Mayor Cain chose to fly the flag that it did not represent her and many others in the City.

A Resident supported the resolution stating she and her husband support gay pride, and thanked Mr. Dunn for putting forward a resolution as a gesture to acknowledge the many people who live in the community and their contribution.

Ms. Roth said that her friend who served as a flight surgeon in Viet Nam and was honored with silver stars having done two tours of duty. She said that he in his sixties indicated he was gay. She said that her concern and interest in flying the flag was that for years gay people have had to hide their identities because they were discriminated at work and beat up on the streets. She said that it was time that people stood up and made a statement that people are people and that they all were to be embraced regardless of their sexual preference. She said that we acknowledge gay veterans and that their contribution is no less important because of that.

Mr. Dunn said the issue was about community and dignity. He said that he was supportive of this, that he was not a gay man, but had an ethnic heritage that when his family arrived in America there were active campaigns against the Irish Catholic. He said that until there was an understanding, and that there was a more equitable and just community that the American Dream could not be fully realized. He said that he was a veteran and that this was why he offered service to his country, why he wanted to be a councilman. He said that he wanted to make sure that everybody could realize what Lakewood had to offer.

A resident asked if this would be decided that night without further readings. Mr. Seelie responded that a resolution didn’t require three readings. Mr. Dunn was addressed specifically as to when, why, who and what transpired to cause him to propose the Resolution. The resident said many people did not know about the resolution to come down to respond to it.

Mr. Dunn said that he was representing the interest of a Lakewood resident. He said that after discussion he brought a resolution forward.

Mr. Seelie responded that for the past 25 years and beyond – resolutions were brought forward on Thursday, docket day - – and that they were posted at the Fire stations, libraries, that people could call and receive the information. Mr. Seelie asked what more could be done.

The resident responded that three readings should have been done. Mr. Seelie responded that resolutions of a permanent nature do not require three readings. The resident indicated that the Mayor had never commented on previous health care issue or this one.

Mayor Cain said that she introduced legislation expanding hate crime legislation to make it a crime if gay and lesbian members of the community became victims of harassment. She said that legislation was brought forward by the Mayor because there were several incidents that took place in the community where the property of two young men who were attempting to fly the Rainbow Flag in front of their home. She said their home was vandalized, their flag was stolen. She said that Lakewood is diverse and that beginning a process flying various flags over the City will need preparation. She said flying this flag will send a message that maybe all residents will respect that symbol that has been embraced by the gay community. She said that the gay community, to a great extent, has made Lakewood their home. She said that our neighborhoods, citizens as a whole have embraced the members of the gay community. She said that it was unfortunate that a statement would have to be made but said as long as there were incidents in the community where members of the gay community were made to not feel at home that public officials had the responsibility to counter that.

A resident indicated the contributions of the gay and lesbian community in maintaining housing stock and supported the resolution. A resident asked for several flags similar to the United Nations to include a Slovak, Irish, , German, Welsh flags. A resident said the problem with the resolution was that it held one group up ahead of everyone else. The resident indicated that many agreed Lakewood was diverse but took issue with one flag for one group.

On the motion to receive and file the communication.
Motion adopted. All members voting yea.
….

16. RESOLUTION NO. 7768-03 – A RESOLUTION to proclaim June 2003 as LGBT (lesbian, gay, bisexual, and transgender) Pride Month in Lakewood, Ohio, thereby recognizing the LGBT community for its many and varied contributions that have enriched our civic life, to celebrate the progress we have made in creating a society more inclusive and accepting of the LGBT community, and to affirm our continued efforts to break down the walls of fear and prejudice and work to build a bridge to understanding and tolerance, until the members of the LGBT community are afforded the same rights and responsibilities as all Americans. (Pg. 23)

Motion by Mr. Dunn, seconded by Ms. Roth, to adopt Resolution No. 7768-03.

Motion by Mr. Dever, seconded by Mr. Seelie, to adopt the Resolution but amend it to exclude flying the flag. Mr. Dever said that without the amendment several various groups would request a flag be flown.

Mr. Seelie asked Mr. Dunn, if he wanted to take back the motion to adopt.

Mr. Corrigan referred to the suggestion of flying various flags and indicated that McKinley School and Lakewood High School do fly flags from around the world inside those institutions.

Mr. Seelie asked the Law Director if a motion to amend could be made after a motion to adopt was made. Mr. Spellacy responded that it could.

Mr. Seelie re-stated the motion –
Motion by Mr. Dever, seconded by the Chair to amend by striking Section 2 – flying the flag.

Mr. Dunn said that the very essence of the multi-colored gay pride flag represented diversity. He said it was a symbol of inclusively and is not to be interpreted as excluding or giving priority to anybody. He said that he understood there was a concern or fear of opening a “Pandora’s Box” – but said that that was unfounded and that he would be voting against the amendment.

Yeas: Dever, Seelie
Nays: Corrigan, Dunn, FitzGerald, George, Roth
(Motion fails.)

Mr. Seelie called the motion on the adoption.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth
Nays: Seelie

Motion adopted. Resolution No. 7768-03 adopted.
{The portion of the meeting allowing Public Comment for non-agenda items followed this item.}
….
17. Communication from Mayor Cain regarding Appointment of Director of Human Services. (Pg. 25)

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

Mr. Dunn said his experience working with Ms. Buckon while working in the Law Department and presently had found her to be a dedicated public servant and one who excelled as a public health official. He complimented the Mayor on an excellent choice. Mr. George added that he knew Ms. Buckon would do a tremendous job.

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

18. RESOLUTION NO. 7769-03 – AN EMERGENCY RESOLUTION approving the appointment of Dorothy Buckon to the position of Director of Human Services upon her taking the oath of office. (Pg. 26)

Motion by Mr. George, seconded by Mr. Corrigan to adopt Resolution No. 7769-03.
Motion adopted. Six members voting yea
Mr. Seelie absent for vote.
…..

19. Communication from Mayor Cain regarding Resolutions to accept and expend funds for two EMS Grant Programs – Injury Prevention and Personal Protective Apparel. (Pg. 27)

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

Ms. Roth commended the Administration for seeking the funds, acting proactively to prevent injury as opposed to responding to something after it has happened.

Mr. George asked the duration of the grant for injury prevention. Mayor Cain responded that it was a one time grant and would provide bio-chemical first responder kits that contain an array of protective gear. Mr. George asked about the car seat inspections and said there would be some personnel costs there. Mayor Cain responded that she thought it was a one year grant.

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

20. RESOLUTION NO. 7770-03 – A RESOLUTION authorizing the Mayor as Director of Public Safety, on behalf of the City, to enter into an Agreement with the Ohio Department of Public Safety, Emergency Medical Services Division to accept and expend funds for the Personal Protective Apparel grant to provide for the purchase of Bio-Chemical First Responder kits for Division of Fire personnel in the amount of $2,240.48. (Pg. 28)

Motion by Mr. George, seconded by Ms. Roth, to adopt Resolution No. 7770-03.
Motion adopted. Six members voting yea
Mr. Seelie absent for vote.
….

21. RESOLUTION NO. 7771-03 – A RESOLUTION authorizing the Mayor as Director of Public Safety, on behalf of the City, to enter into an Agreement with the Ohio Department of Public Safety, Emergency Medical Services Division to accept and expend funds for the Injury Prevention grant to provide for the establishment of a permanent Fit Shop at Fire Station #3 for car seat inspections in the amount of $6,227.68. (Pg.29)

Motion by Mr. George, seconded by Ms. Roth, to adopt Resolution No. 7771-03.
Motion adopted. Six members voting yea
Mr. Seelie absent for vote.
….
22. Communication from Planning & Development Director Pietravoia regarding State of Ohio, Clean Ohio Revitalization Fund Application for the Hinkley Lighting, Inc. property located at 12750 Berea Road, Lakewood, Ohio. (Pg. 30)

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

Ms. Roth said that she hoped the Resolution could be approved that night to appropriately address the issue.
Mr. George asked if suspension of the rules was required. Mr. Spellacy responded that it was not necessary.
Mr. Dunn asked if five affirmative votes were required to pass the legislation as an emergency measure. Mr. Spellacy responded yes.

Motion adopted. Five members voting yea
Misters FitzGerald and Seelie absent for vote
….
23. RESOLUTION NO. 7772-03 – AN EMERGENCY RESOLUTION authorizing the Mayor or her designee to file an application to the State of Ohio, to participate in the Clean Ohio Revitalization Fund for the remediation of the Hinkley Lighting, Inc. property located at 12750 Berea Road, Lakewood, Ohio. (Pg. 31)

Motion by Mr. Dunn, seconded by Ms. Roth, to adopt Resolution No. 7772-03.
Yeas: Corrigan, Dever, Dunn, George, Roth
Nays: None
Misters FitzGerald and Seelie absent for vote.
….
24. Communication from Public Works Director Boag regarding Resolution Authorizing the Mayor to enter into an Inter-Agency Agreement between the City of Lakewood and RTA for the construction of the Lakewood Bus Loop at Lakewood Park. (Pg. 33)

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

Mr. George asked the Law Director if suspension of the rules for the resolution was required. Mr. Spellacy responded no.

Mr. Dever referred to Mr. Boag’s statements referencing three busses being permitted to lay over at the bus depot that busses are required to be shut down at a certain time. Mr. Dever asked if when the busses are at Lakewood Park if they’re supposed to shut them down. Mr. Boag responded that last year through dealing with bus complaints on Madison and consulting with RTA – that RTA said there were rules that buses should not have their engines running longer than fifteen minutes. Mr. Boag said that if busses are found to be doing that – the City has to notify RTA.

Motion adopted. Five members voting yea
Misters FitzGerald and Seelie absent for vote
….

25. RESOLUTION NO. 7773-03 – AN EMERGENCY RESOLUTION authorizing the Mayor, on behalf of the City of Lakewood to enter into an inter-agency agreement to accept and expend funds in the amount of $243,000.00 for Lakewood Park entrance improvements with the Greater Cleveland Regional Transit Authority. (Pg. 34)

Motion by Mr. George, seconded by Mr. Dever, to adopt Resolution No. 7773-03
Yeas: Corrigan, Dever, Dunn, George, Roth, Seelie
Nays: None
Mr. FitzGerald absent for vote.
….
26. Communication from Public Works Director Boag regarding Emergency Sewer Collapse – Rosalie Avenue. (Pg. 35)

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

Mr. George urged Councilmembers to honor Mr. Boag’s request to suspend the rules to address the problem as soon as possible.

Mr. Corrigan asked how a sewer located under a garage is repaired without trenching. Mr. Boag responded that they will enter from Rosalie manhole and go underground – within the existing pipe and clean out, re-attach. Mr. Corrigan asked if there was any idea how many informal bids would be attained. Mr. Boag said that they have attempted to get three, in the process of working with two, answering questions.

Motion adopted. Six members voting yea.
Mr. FitzGerald absent for vote.
….
27. ORDINANCE NO. 44-03- AN EMERGENCY ORDINANCE authorizing the Director of Public Works to enter into contracts for an amount not to exceed Thirty Thousand Dollars ($30,000) and declaring said contracts to be necessary to meet an emergency arising with the operation and maintenance of the City sewer system located on Rosalie Avenue, north of Lake Avenue. (Pg. 36)

Motion by Mr. George, seconded by Mr. Corrigan, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 44-03 on Final Reading.

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

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 44-03.

Yeas: Corrigan, Dever, Dunn, George, Roth, Seelie
Nays: None
Mr. FitzGerald absent for vote
Motion adopted. Ordinance 44-03 adopted

….
28. Communication from Law Director Spellacy regarding Appropriations & Contracting – Independent Negotiator. (Pg. 38)

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

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

29. ORDINANCE NO. 45-03 – AN EMERGENCY ORDINANCE authorizing the Council President, with the concurrence of the majority of Council, to engage an independent negotiator to provide professional services as required by the Development Agreement relating to the West End Redevelopment Area in the City of Lakewood, 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. 39)

Motion by Mr. Seelie, seconded by Mr. George, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 45-03 on Final reading.

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

Motion by Mr. George, seconded by Mr. Seelie, to adopt Oridnance No. 45-03.

Yeas: Corrigan, Dever, Dunn, George, Roth, Seelie
Nays: None
Mr. FitzGerald absent for vote
Motion adopted. Ordinance No. 45-03 adopted.
….
30. ORDINANCE NO. 46-03 – 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 for the purpose of hiring an independent negotiator as required by the Development Agreement relating to the West End Redevelopment Area in the City of Lakewood. (Pg. 40)

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. 46-03 on Final reading.

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

Motion by Mr. Seelie, seconded by Mr. George, to adopt Oridnance No. 46-03.

Yeas: Corrigan, Dever, Dunn, George, Roth, Seelie
Nays: None
Mr. FitzGerald absent for vote
Motion adopted. Ordinance No. 46-03 adopted.
….

31. Communication from Department of Public Safety, Division of Housing & Building Assistant Director Gallagher regarding New Chapter 1310, Residential Code for One, Two and Three Family Dwellings. (Pg. 41)

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

Motion adopted. All members voting yea.
….

32. ORDINANCE NO. 47-03 – AN ORDINANCE to enact Chapter 1310, Residential Code for One, Two and Three Family Dwellings, of the Codified Ordinances of the City of Lakewood for the purpose of adopting the International Residential Building Code, 2000 Edition and amendments thereto. (Pg. 42)

Motion by Mr. George, seconded by Mr. Dever, to place Ordinance No. 47-03 on 1st Reading and refer it to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
…..

33. Communication from Police Chief Malley regarding Donation of Bulletproof Vests for Lakewood Police Department K-9’s. (Pg. 49)

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

Ms. Sue Gundich, from the Humane Society presented the vests.

Motion adopted. All members voting yea.
….

34. RESOLUTION NO. 7774-03 – AN EMERGENCY RESOLUTION authorizing the Mayor to accept, on behalf of the City of Lakewood, two bullet proof vests for the Lakewood K-9 units from North Coast Humane Society valued at over $2,000. (Pg. 50)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7774-03.
Motion adopted. All members voting yea.
….

35. Liquor Permit Application for D1, D2, D3 and D3A stock transfers to Madison Square Lanes Inc., 1653 Westwood Avenue. (Pg. 51)

Mr. Dunn indicated that after talking with the Police Chief he has learned the application is still being reviewed.

Motion by Mr. Dunn, seconded by Mr. George, to defer action on the liquor permit application.
Motion adopted. All members voting yea.
…..

Meeting adjourned 10:20 P.M.

Approved:___________________ ________________________
PRESIDENT

________________________
CLERK