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, Finance Director Blasko, Public Works Director Boag, 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 Benjamin, Executive Assistant to the Mayor for Community Relations Antonio.

Pledge of Allegiance
Moment of Silence
Roll Call

Motion by Mr. George, seconded by Mr. Dunn, to approve the Minutes of 6/2/03 and 6/16/03 without the necessity of a reading.

Motion adopted. All members voting yea.
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Without objection from Council a presentation was provided outlining the Rockport Development.
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Without further objection from Council public comment was heard after the presentation.

****OLD BUSINESS****

1. Rules & Ordinances Committee Verbal Report regarding Ordinance 47-03 - International Residential Building Code.

Mr. Dever submitted the following report:

The Rules & Ordinances Committee met this evening to discuss two issues, 1 - the Lakewood Residential Codified Ordinances that we're looking to adopt, basically, we're going to be dove-tailing the Code ordinances with the International Residential Code. These changes will enhance Lakewood's current codes and will let property owners in the City to continue to enjoy affordable insurance rates. Many insurance companies base their rates within the municipality on the rate that they receive from Insurance Services Inc. With the enactment of this legislation it will give our Building Department additional tools to maintain our aging housing stock. Those in attendance with us tonight were Councilman George, Law Director Spellacy, Assistant Safety Director for Housing and Building John Gallagher and Building Commissioner Charlie Barrett. (Mr. Dever asked Mr. Gallagher to speak further on the issue)

Assistant Safety Director for Housing and Building Gallagher indicated that what was presented to Council was a tool to enhance the Department to carry out its job and also to provide relief to the citizenry in terms of their housing insurance payments. He said the 2000 International Code was reviewed entirely and compared with the City's and said it was fortunate to put them together - without costing residents any additional dollars in terms of repairs. He said he believed there was an August 7th deadline, that they have communicated with ISO and have been assured that if the legislation is passed tonight and goes back to them the City will receive its good rating.

Mr. Dever provided for an update on automotive repair ordinances in Committee.

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

Motion adopted. All members voting yea.
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2. 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. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 6/2/03, 2ND READING 6/16/03)(Pg. 4)

Motion by Mr. Dever, seconded by Mr. Seelie, to adopt Ordinance No. 47-03.
Motion adopted. All members voting yea.
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3. ORDINANCE NO. 48-03 - AN ORDINANCE to amend section 905.02, Hours Open to the Public, of the Codified Ordinances of the City of Lakewood for the purpose of opening Lakewood Park one hour before sunrise. (PLACED ON 1ST READING AND REFERRED TO THE RULES & ORDINANCES COMMITTEE 6/16/03)(Pg. 8)

Motion by Mr. George, seconded by Mr. Dunn, to place Ordinance No. 48-03 on second reading.
Motion adopted. All members voting yea.

4. Finance Committee Verbal Report regarding Clerk of Court and Probation Officer Salary Ordinances 49-03 and 50-03.

Mr. George submitted the following report:

Your Finance Committee met prior to tonight's meeting discuss Ordinances 49-03 and 50-03 which are the compensation for Court employees including the Clerk of Lakewood Municipal Court and the Probation Officer for Municipal Court. These ordinances are submitted to City Council in accordance with the provisions of Sections 1901.31 and 1901.33 of the Ohio Revised Code. There's a 60/40 split as far as payment. The Council voted unanimously to recommend adoption of both ordinances this evening.

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

Mr. George said that despite the Committee not recommending suspension of the rules and Judge Carroll's indication that there was no immediacy to the adoption, that he would suggest adoption of the ordinances before the summer recess. He said he would make a recommendation and would make a motion at the appropriate time to suspend the rules on the ordinances.

Motion adopted. All members voting yea.

5. ORDINANCE NO. 49-03 - AN ORDINANCE fixing the compensation of the Clerk of the Lakewood Municipal Court, the time and method of payment. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 6/16/03)(Pg. 10)

Motion by Mr. George, seconded by Mr. Seelie, to suspend rules requiring this Ordinance be read on three separate days and placing Ordinance No. 49-03 on final reading.

Ms. Roth said there was one more meeting in July to have the required three readings. She said that the Judge has indicated he was not in a rush - that on issues like this that she would vote against the suspension.

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

Motion by Mr. George, seconded by Mr. Corrigan, to adopt Ordinance No. 49-03.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinances No. 49-03 adopted.

6. ORDINANCE NO. 50-03 - AN ORDINANCE fixing the compensation of the Probation Officer of the Lakewood Municipal Court and the time and method of payment. (PLACED ON 1STS READING & REFERRED TO THE FINANCE COMMITTEE 6/16/03)(Pg. 11)

Motion by Mr. George, seconded by Mr. Seelie, to suspend rules requiring this Ordinance be read on three separate days and placing Ordinance No. 50-03 on final reading.

Yeas: Corrigan, Dever, FitzGerald, George, Seelie
Nays: Roth
Mr. Dunn absent for vote
Motion adopted. Rules suspended.

Motion by Mr. George, seconded by Mr. Corrigan, to adopt Ordinance No. 50-03.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinances No. 50-03 adopted.

7. Health & Human Services Verbal Report regarding West Nile Virus Task Force Report.

Mr. FitzGerald submitted the following report:

Your Health & Human Services Committee met this evening and addressed the West Nile Virus Task Force Report which all of you should have received. The Health & Human Services Committee met and discussed the Task Force and what the next step procedurally should be I know that all of the other Members of Council have or should have received their copy of the report. To summarize the report, it's an interesting read and very informative. Both Councilman Dunn and myself want to thank the members of the West Nile Virus Executive Committee who authored this report, Dr. Sanders, a former Lakewood Health Commissioner, Dotty Buckon, current Director of Human Services, George Coder, Lakewood resident, Dr. Kilroy, also Amy Ryder from Ohio Citizen Action also a Lakewood resident, Chris Trepal from Earth Day Coalition and Laurie Von Mehren from the Sierra Club. They put in many hours and so did some of the other members of the more expansive West Nile Virus Task Force analyzing scientific data, reviewing other communities, public health response to this particular issue, going through the City's response last year and trying to come up with ways that we can adopt other Cities approaches or improve in any way and they've come up with an excellent report and some excellent suggestions, a number of which have already been adopted by the City. To summarize them briefly, there are a number of public health measures which the entire Committee - there are seven members of the Committee I mentioned previously - the entire Committee agreed upon. Those have to do with expanded public education, particularly in the area of personal responsibility because one of the key statistics that came out in the City's dealing with this health issue is that approximately 80% residents were not taking active measures to prevent them from receiving a mosquito bite and possibly being exposed to the disease. There was a consensus on the Committee that that is the most effective policy when it comes to West Nile Virus is the individual's policy themselves, how are they going to avoid contracting it and that was something there was consensus on. There's also been expanded surveillance of possible positive mosquito pools, dead birds, etc. and this was also another point that there was wide agreement on and consensus in this report had to do with the very aggressive larvaciding the City of Lakewood has adopted. You may recall that was a matter of some discuss last year when we talked about how often we were larvaciding because everyone agrees that's a way to combat the number of mosquitoes in our community and we changed the frequency in which we larvacide instead of just being a monthly event it's monthly plus after every major rain storm and there's also continued monitoring of problem areas such as catch basins. The larvaciding also began a month earlier than it did last time. All those, I believe, positive outcomes of this report and the dialogue that's happened to the individuals who have participated in this report and the Administration. It's important to know that this is a process that had begun on a Council initiative but the Administration became a part of it, worked with it and has helped implement and improve it and that didn't have to be the response. The Administration could have just said if you want to form a Task Force, go ahead but they participated in it fully and in good faith. There are number of accomplishments. That being said there is one area of disagreement - was one of area of major disagreement by the Task Force and is reflected in their report and that had to do with the advisability of broadcast spraying of Pyrethroid-based pesticides. Four members - of the Committee - a majority suggested that the risk/ratio between the efficacy of such pesticides in eliminating mosquitoes and their possible, negative health effects as far as disbursing more chemicals in the community was not worth it. That it was not demonstrated that that was an effective method of mosquito inhibition and that there are demonstrated risks to humans as far as chemical exposure, pesticide exposure goes and the opinion of those four members of the Committee - not warranted - no studies could show that it was actually an effective method of mosquito inhibition. Three members of the Committee disagreed with that and they have attached to the report and expressed their opinion as to why, then you balance the known risks and the possible risks of the West Nile Virus they come to a different conclusion. Both sides have some science to cite on their side but I think it would be accurate to say that it's matter of interpretation as to what side is correct, both their viewpoints are expressed in this report.

The Health & Human Services Committee voted to do the following things: First, is to receive this report, thank the members of the Committee for their diligent work, and forward it on to the Administration for their review and a resource in formulating a public health response to this problem. Secondly - and Dr. Sanders who was present at the Committee Meeting agreed to this, that there would be one additional meeting of the West Nile Virus Task Force where these issues will have an airing, where the authors of the reports could state their reasons and explain it to the public and that would be available for the public to ask questions at that point in time. Finally, we would ask that this report be made available at the Lakewood Public Library and the Council Office.

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

Mr. Seelie directed the Clerk to note the recommendations by Mr. FitzGerald as well.

Mr. Dunn said the City of Lakewood is far ahead of others in combating West Nile Virus and serves as a model for other communities. He said he agreed with the report that Lakewood should be a non-spray City. He said that the Task Force did a risk management analysis based on whether spraying is safe and said that understanding that reasonable minds can disagree - as to whether it's effective, the effect on the ecology, the ethics of spraying on a non-compliant population and issues of legal liability based on residents who may become chemically sensitive, may become ill as well as employees of the City who may be harmed by administering the spray. He said it would be wise not to spray. He said that what was unanimity on was public education and personal responsibility for safety, aggressive larviciding, aggressive surveillance of mosquito population, source reduction, habitat control.

Mr. Dunn said If there was a bad season with an increased threat of West Nile Virus the City should do more of what works - more public education, more larviciding - more surveillance - more habitat control.

He said last year there were recommendations that are consistent with those of the Task Force. He said last year there was talk of having non-essential employees out to the neighborhoods to engage residents and create an awareness of the virus. Patch holes in screens - have the City invest in non-toxic insect repellent - ensure seniors are engaged. He said he would support what works which he said was consistent with the findings of the majority opinion of the report.

Ms. Roth said that she didn't like spraying, and said she thought of it as a last resort. She said she did support the preventive measures suggested in the report. She said the City's public health officials needed to be afforded the opportunity to spray in an appropriate situation if they had to.

Mr. Seelie called the motion to receive, file and refer to the Administration along with the other recommendations by Mr. FitzGerald.

Motion adopted. All members voting yea.

****NEW BUSINESS****

8. Verbal Communication from Council President Seelie introducing letter re: Legislative Update from State Representative Michael J. Skindell. (Pg. 12)

President Seelie introduced State Representative Skindell to discuss the State of Ohio's Budget.

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

Representative Skindell referenced the issue on the docket regarding the International Housing Code. He said there were two bills currently pending in the Ohio General Assembly in the House. He said one deals with establishing a uniform commercial building code. He said the other is to establish a uniform Housing Code. He said the intent was to make sure that in the smaller community that there would be a Building Code for Homes which is not currently in effect.

Mr. Corrigan asked about the Bills pending. He said he believed that John Gotherman of the Municipal League had strong views on the Code. He urged he seek their input. Mr. Skindell responded that he has communicated extensively with the Ohio Municipal League and that he stood up for one of their positions regarding the dissolution of Townships.

Mayor Cain referenced the Building Code Issues. She indicated that the Mayors and Managers Association has also opposed both bills. Representative Skindell said it was interesting that on the Commercial Building Code the Fire Chiefs Association had originally opposed it last year and this year on Residential Building Code, the Fire Chiefs supported it. He said that they were listening to organizations like those and how they impact municipalities.

Motion adopted. All members voting yea.
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9. Communication from Mayor Cain regarding Appointment of Chad Brintnall to the Board of Building Standards/Architectural Board of Review/Sign Review Board. (Pg. 18)

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

Motion adopted. All members voting yea.
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10. Communication from Law Director Spellacy regarding Driving or Physical Control While Under the Influence; Evidence. (Pg. 19)

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

Motion adopted. All members voting yea.

11. ORDINANCE NO. 51-03 - AN ORDINANCE to amend section 333.01, Driving or Physical Control While Under the Influence; Evidence, of the Codified Ordinances of the City of Lakewood for the purpose of updating the entire section. (Pg. 20)

Motion by Mr. George, seconded by Mr. Dunn, to place Ordinance No. 51-03 on 1st Reading and refer it to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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12. Communication from Planning & Development Director Pietravoia regarding Contracting Authority for Professional Planning Consultant Services related to the Zoning Code update and the Nomination of Birdtown to the National Register of Historic Places. (Pg. 33)

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

Ms. Roth said that in past discussion about suggestions of designating Birdtown as an historic area, the City was discouraged because the use of Federal Funds would be restricted and could not be used for anything that was not historically in line. She said that if people for example wanted to use vinyl siding as opposed to wood - they would be restricted from doing that. She asked if this was the case, and how can the residents be protected should the costs price some of the repairs out of range.

Planning and Development Director Pietravoia responded that the City had addressed this problem several years ago, when the State designated the entire City as eligible for the National Register. He said just the designation required the same provisions t o apply. He said this would have no impact, that the City is already following the required federal regulations because of the eligibility of the Birdtown area along with the rest of the City. He said what the State Historic Preservation has done through - working with Lakewood's Assistant Director Gerry Murphy - a system where different types of typical home improvements have a blanket approval as long as certain approaches are taken on the home improvements so that each one doesn't have to go back to the State Office for approval. He said more typical things like siding, windows a blanket approval is provided to follow certain guidelines of the projects that are federally funded.

Mr. Seelie said that this was a much bigger, important decision to make because there were some requirements under this that would effect that particular section. He said there also was a question of redevelopment. He said he could not vote on the legislation that night, that it was much more involved.

Mr. George said that he agreed with Mr. Seelie's comments about the Birdtown area - that the area is not identified in the document there. He said he was not opposed to the designation of National Historic area on the surface but said that an in-depth discussion on the future because it meant that a commitment was being made to having Birdtown the way it is for some period of time. He said he wanted more input for that type of decision. He said he had no problem with the Zoning but the Resolution - Lakewood Shoppes - he said he'd prefer to see how some of the issues pan out rather than spending the $20,000 up front. He said to wait and see the ballot issue results and then make the expenditure.

On the motion to receive, file and refer the communication to the Committee of the Whole.
Motion adopted. All members voting yea.
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13. RESOLUTION NO. 7779-03 - AN EMERGENCY RESOLUTION authorizing the Mayor or her designee on behalf of the Planning Commission to enter into an agreement in an amount not to exceed Twenty Thousand Dollars ($20,000.00) to engage a consultant to provide professional planning services and provide technical assistance related to the Zoning Code update. (Pg. 35)

Motion by Mr. George, seconded by Mr. Dunn, to receive, file and refer Resolution No. 7779-03 to the Committee of the Whole.

Ms. Roth said that she did not object to referring to the Committee of the Whole but said if they waited until after November which she said was when the outcome of the ballot issue was too long. She said she hoped that they would convene a Committee of the Whole in the next two weeks to act on this to vote on this in July.

Mr. Seelie said he agreed.

Mr. Dunn asked if it would be November or September.

Mayor Cain said that this was something the City was committed to doing every ten years anyway - to review the Zoning Code. She said it's been discussed for over a year - and to some extent had been driven by the Development but was irrespective of the development. She said that regarding Birdtown - she said she didn't want anyone to misunderstand that this had anything to do with development - that the Administration was committed to the development of the southeast corner of the community. She said that she also asked if this meant being limited - pursuing the National Registry. She said that it would not limit but provided more opportunities for money and ways of enhancing the heritage of the neighborhood but would not prevent the renewal of the neighborhood.

On the motion to receive, file and refer the communication to the Committee of the Whole.

Motion adopted. All members voting yea.

14. RESOLUTION NO. 7780-03 - AN EMERGENCY RESOLUTION authorizing the Mayor or her designee to enter into an agreement in an amount not to exceed Twenty Thousand Dollars ($20,000.00) to engage a consultant to provide technical assistance in preparation of the documentation needed to complete the nomination of Birdtown to the National Register of Historic Places. (Pg. 36)

Motion by Mr. George, seconded by Mr. Dunn, to receive, file and refer Resolution No. 7780-03 - to the Committee of the Whole.

Ms. Roth said that this was a separate resolution - and wanted to ensure the President of Council meant to include both resolutions and Mr. Seelie responded that was the case.

Motion adopted. All members voting yea.
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15. Communication from Planning & Development Director Pietravoia regarding Renewal of Cuyahoga County Heritage Home Loan Program. (Pg. 37)

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

Motion adopted. All members voting yea.

16. RESOLUTION NO. 7781-03 - AN EMERGENCY RESOLUTION authorizing the Mayor or her designee to enter into an agreement in an amount not to exceed Twenty Thousand Dollars ($20,000.00) with the Cleveland Restoration Society: Preservation Resource Center of Northeast Ohio relative to the Cuyahoga County Heritage Home Loan Program to provide professional historic preservation technical assistance to Lakewood homeowners in 2003. Contract not to exceed the specified amount shown without separate Resolution of Council. (Pg. 39)

Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Resolution No. 7781-03.
Motion adopted. All members voting yea.

17. Liquor Permit Application for C1 and C2 transfers to Deena & Nadeen Enterprises , d/b/a Dairy Mart 5249, 15019 Madison Avenue, from MACS Convenience Stores LLC,, same address. (Pg. 40)

Motion by Mr. Dunn, seconded by Mr. Seelie, to defer action on the liquor permit application.

Mr. Dunn indicated that he was informed by the Administration that the application is under review.

Motion adopted. All members voting yea.
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Meeting adjourned 10:27 PM.