Regular Meeting of the Lakewood City Council called to order at 7:42 P.M. by President Seelie.
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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: Law Director Spellacy, Acting Finance Director Demmerle, Police Chief Malley, Planning & Development Director Pietravoia, Public Works Director Boag, Human Services Director Buckon, Assistant Director of Public Safety for Housing and Building Gallagher, Executive Assistant to the Mayor for Community Relations Antonio.

Pledge of Allegiance
Moment of Silence
Roll Call

Motion by Mr. George, seconded by Mr. Dever, to approve the Minutes of the Regular Meeting of Council held 11/3/03 without the necessity of a reading.

Motion adopted. All members voting yea.
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Without objection from Council, items 11 and 12 were heard at this time. Without objection from Council, recycling contest names were drawn.
Recycling Coordinator McGinty the “Get Caught Recycling” contest started October 20th.

Without objection from Council, Public Comment on non-agenda items was heard at this time.

****OLD BUSINESS****

1. Committee of the Whole Verbal Report regarding Agreement Between the City of Lakewood and the Board of Education of the Lakewood City School District Relative to the Coxcom, Inc. Cable Television Franchise Agreement.
Mr. Seelie submitted the following Report:

The Committee of the Whole met this evening regarding an Ordinance between the City and the Schools with respect to the Cox Communication Contract. To try and sum this up, the total cost of the B-Loop – which is the City will be receiving which is kind of an intra-net – not an internet – fiber optics for the City and the schools to the City $165,000 the school has agreed to be responsible for one half of that amount which is $82,500.00. In addition to the cost of the B-loop there’s an additional maintenance agreement that’s $60,000.00 a year and the schools have agreed to pay one half of that as well so in order to pay one half of the 165,000.00 and one half of the $60,000.00 the schools agreed to have withheld their annual $20,000.00 payment which is usually paid to the schools out of the Cox Franchise fees - that was an agreement prior to 1993. Accordingly, the school would pay $20,000.00 a year for 5 ½ years in order to meet their roughly $112,500.00 obligation. In addition the City agrees not to accept any fibers without prior acceptance by the schools. The City also agrees that it will allow the Lakewood Board of education to undertake maintenance of the fiber lines if Cox fails to act responsible. The City and the Schools also agree that Lakewood High School will be the origination point for the Public Access Education channel. Lastly the School District will have the use and control of the first Public Education and Government access channel however they shall accommodate the city on any requests to broadcast governmental programming or to generate community calendar notices, subject to sufficient advanced notice to the school district. In essence that’s the agreement between the City and the School when it comes to Cox franchise fees. Committee of the Whole members present recommended unanimously to adopt the ordinance that evening.

Motion by Mr. Seelie, seconded by Mr. George, to receive and file the verbal report.
Mr. Dunn indicated that because he is an employee of SBC that there is an apparent conflict of interest and that he would abstain from the votes on the issue.

Motion adopted. Six members voting yea.
Mr. Dunn abstains
Motion adopted.
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2. ORDINANCE NO. 75-03 – AN ORDINANCE to authorize the Mayor of the City of Lakewood to enter into an Agreement with the Board of Education of the Lakewood City School District (Attached as “Exhibit A”) to define the rights and duties of each party resulting from the cable television franchise agreement between the City of Lakewood and Coxcom, Inc. (PLACED ON 1ST READING AND REFERRED TO THE COMMITTEE OF THE WHOLE 11/3/03) (Pg. 5)

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. 75-03 on final reading.

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

Motion by Mr. Seelie, seconded by Mr. George, to adopt Ordinance No. 75-03.

Yeas: Corrigan, Dever, FitzGerald, George, Roth, Seelie
Abstain: Dunn
Motion adopted. Ordinance No. 75-03 adopted.
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3. Committee of the Whole Verbal Report regarding Recommendations of the Citizens Advisory Committee For Allocation of Fiscal Year 2004 Federal Funds. (Pg. 15)

Mr. Seelie submitted the following report:

This evening the Committee of the Whole had a lengthy meeting regarding the Citizens Advisory Committee’s recommendations on approximately $3 Million of Federal Funds. Keith Hurley, Vice Chair – Suzanne McCarty, and John (Viglianco, and Dave Corrigan – members of the CAC present). He said they spent hours looking this over the total requested amounts too $4.7 Million Funds. There’s always many more requests than there is money to fill that. To summarize - the Committee reviewed all the recommendations and City Council and the Administration had input throughout the process – started in August regarding the $3 Million in Community Development Block Grant Funds, Emergency Shelter Grant, and HOME Program Funds. In past years the Citizens Advisory Committee recommended funding to support many of the successful on-going programs the City operates and other outside agencies. For example, the CAC recommended the maximum funding of (15%) for Public Services, including programs for the youth, elderly, daycare scholarships, healthcare and prescriptions. This includes a new after school program for youth that will be operated out of AACCESS, the Arab American Community Center for Economic and Social Services in coordination with our Department of Human Services.

The largest single allocation was recommended for Street Reconstruction Program representing a continued commitment to the City’s CDBG-funding for infrastructure. Two of the City’s economic development programs, the Commercial Property Revitalization Program and the Economic Development Fund Program were also fully funded. The Committee also discussed a request for funding from the YMCA for a portion of $12 and ½ million YMCA project that’s a new facility in Lakewood. The CAC recommended using HUD’s Section 108 Loan Guaranteed Program for their $393,000(+) – in ADA components to make accessible. The Y asked for much more than what the Committee could give them and also (Lindy Burt provided staffing for this). This allows instead of taking $393,000 this year to spread it over time. I think that was real good choice to do that and certainly a worthy project. Finally, the Citizens Advisory Committee recommended ongoing funding for homeless prevention and related services using $90,000 in Fiscal Year 2004 as well as funding in the amount of $283,00 for the First-time Homebuyers Down payment Assistance Program and the Committee recommended approval tonight of Resolution 7818-03 which authorized the Mayor to submit the city’s application to HUD for Fiscal Year 2004 and also recommends adoption of Resolution 7819-03 which authorizes the Mayor to apply for Section 108 Loan Guarantee funds for the YMCA project.

Motion by Mr. Seelie, seconded by Mr. George, to receive and file the verbal report.
Motion adopted. All members voting yea.
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4. RESOLUTION NO. 7818-03 – AN EMERGENCY RESOLUTION authorizing and directing the Mayor to submit the Fiscal Year (FY) 2004 One-Year Action Plan of the Consolidated Plan, which includes dollar allocations and activities for federal Community Development Block Grant (CDBG) funds, and incorporates the City’s application for CDBG funds, HOME Investment Partnership funds, Emergency Shelter Grant (ESG) funds, and all amendments thereto and all understandings and assurances contained therein, to the U.S. Department of Housing and Urban Development (HUD). (REFERRED TO THE COMMITTEE OF THE WHOLE 10/20/03) (Pg. 11)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7818-03.
Motion adopted. All members voting yea.
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5. RESOLUTION NO. 7819-03 – AN EMERGENCY RESOLUTION authorizing the Mayor, on behalf of the City, to apply to the United States Department of Housing and Urban Development (“HUD”) for Section 108 Loan Guarantee Funds in an amount not to exceed $393,500 to provide financing for the Americans with Disabilities Act (ADA) components of the Lakewood YMCA proposed reconstruction project, to provide all necessary information to support the application, and to enter into any and all agreements necessary to accept and expend any funds awarded. (REFERRED TO THE COMMITTEE OF THE WHOLE 10/20/03) (Pg. 16)

Mr. Seelie acknowledged the work of the Citizens Advisory Committee indicating they did an excellent job. Ms. Roth indicated her appreciation of the Citizens Advisory Committee.

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7819-03.
Motion adopted. All members voting yea.
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6. Finance Committee Verbal Report regarding Property Tax Rate Resolution for 2004. (Pg. 19)

Mr. George submitted the following report:

Dear Members of Council your Finance Committee met prior to tonight’s meeting to discuss Resolution 7821-03 – A- A Resolution to certify to the Tax Commission the Tax Budget for the year 2004. As submitted by the Administration, the Tax Budget has a 17.40 mills per $1,000 of valuation – that’s the city’s portion. Overall within the City of Lakewood the property tax burden is in the neighborhood of 129 mills. About 93 of those mills goes to the Lakewood City Schools, about 14 mills go to special taxing districts such as RTA and Port Authority, Tri-C, etc. and then there’s a small portion that goes to additional taxing districts like the Lakewood Public Library. Of the 17.4 mills which is the City’s portion – 8.65 mills goes to the General Fund, 3.47 go to Bond retirement, 2.0 mills go to Sewer Improvements, 1.68 to the Fire Pension Fund and 1.6 to Police Pension Fund. After review the Finance Committee voted unanimously to recommend adoption of Resolution 7821-03-A.

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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(“A” added due to duplication in previous docket)
7. RESOLUTION NO. 7821-03 - A – A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR. (REFERRED TO THE FINANCE COMMITTEE 11/3/03)(Pg. 18)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7821-03.
Motion adopted. All members voting yea.
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8. Finance Committee Verbal Report regarding Workers Compensation – Retrospective Rated Plan Participation. (Pg. 24)

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

Mr. George submitted the following report:

Dear Members of Council, your Finance Committee met prior to tonight’s meeting to discuss Resolution 7822-03 which is the Retrospective Rated Plan for Workers Compensation which is supposed to be submitted and approved by Council before we participate next year. The City’s participated in this plan since 1991, since then the City has experienced a cash flow savings of approximately $5.7 million in premiums payments. The estimated value of the total future pay-out on claims, which are currently active, is estimated to be approximately $1.8 million. Therefore, it is estimated that the City has saved approximately $3.9 million by managing workers compensation claims and participating in the Retrospective Rating Plan. After discussion, the Committee voted unanimously to recommend adoption of Resolution 7822-03.

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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9. RESOLUTION NO. 7822-03 – AN EMERGENCY RESOLUTION authorizing the Director of Finance to enter into an agreement to apply to The Ohio Bureau of Workers’ Compensation to participate in a Retrospective Rating Plan for the City of Lakewood. (REFERRED TO THE FINANCE COMMITTEE 11/3/03) (Pg. 22)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7822-03.

Motion adopted. All members voting yea.

****NEW BUSINESS****

10. Communication from Councilmember Dunn regarding Economic Development. (Pg. 23)

Mr. Dunn referenced the status of the Development Agreement mentioned earlier in public comment. He said the City was waiting until the parties meet and make a decision. He said the Administration should be credited for efforts on economic development, bringing attention to the need for capital investment not only in Lakewood but also in communities similarly situated throughout the first ring and Cleveland. He said the Administration should also be credited for their smaller scale successes; Winking Lizard, Virginia Marti and others. He said he was alarmed by the results of Issues 47 and 48. He said that when there was an entire civic infrastructure, including the unanimous support of City Council, the Mayor, the Cleveland Growth Association, the Cleveland Plain Dealer, the Planning Commission, the Board of Education, a well-funded campaign – everybody pushing for passage of Issue 47 and 48. Issue 47 was a draw. He said what happened on Issue 48 – was more than 48 percent of the voters - voted to approve it. He said the message was if 48 was approved it could have essentially thrown the community into an economic downturn. He said he thought the risk of that approach far outweighed the benefits in proceeding in the method on the future. He said he recognized the time needed for the new Administration, governing agendas to get in order – but would be surprised if Economic Development was not one of the top priorities of the George Administration.

He said that he has talked with colleagues about collaborative community development. He said this involved competencies in three different sectors; government, business, and community based management. He said that there was a failure to exercise competency in community based management. He said an example of how it worked was in Boston, Massachusetts in the late 1980’s. He said the Mayor then had an opportunity to redevelop a neighborhood - he said he went out and met regularly with the residents. Mr. Dunn also suggested that there didn’t seem to be anything prohibiting a Charter Review Commission to convene before its requirement of every 10 years. He said a Charter Review Commission could review the Charter to see what could be done to fortify the City’s approach to economic development. He said he thought it a fair question to ask how people wanted to be governed in Lakewood – by representative democracy or by direct democracy. He said that he was an opponent of government by referendum but thought a Charter Review Commission could provide input on this.

He said to reinforce the three competencies that the Office of Community Relations could have a benefit in promoting economic development in the City. He said they have done that to a great degree but thought they should be more targeted in terms of planning and development. He said the idea would be to have it as the office of neighborhood associations – which would be a point of contact for each member of Council to ensure that each ward had a development organization/neighborhood association that would work with community groups to promote economic development. He said that the efforts should be building community first because he said he didn’t think there could be success with economic development unless there was strong community development.

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

Motion adopted. All members voting eye.
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11. Communication from Councilmember Dever regarding Three Birds Award. (Pg. 24)

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

Motion adopted. All members voting yea.
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12. RESOLUTION NO. 7824-03 - A RESOLUTION to commend James Bell and Three Birds Restaurant for receiving national recognition from Esquire Magazine as one of the best new restaurants in 2003. (Pg. 25)
Motion by Mr. Dever, seconded by Mr. George, to adopt Resolution No. 7824-03.

Motion adopted. All members voting yea.
Mr. James Belle accepted the Resolution.
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13. Communication from Acting Finance Director Demmerle regarding Transfer of Funds for fiscal year 2003. (Pg. 26)

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

Motion adopted. All members voting yea.
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14. ORDINANCE NO. 76-03 – AN EMERGENCY ORDINANCE to authorize the transfer of certain funds. (Pg. 27)

Motion by Mr. Mr. George, seconded by Mr. Dever, to place Ordinance No. 76-03 on First Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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15. Communication from Acting Finance Director Demmerle regarding Amendment to Ordinance No. 10-03A, Contracting Authority. (Pg. 30)

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

A resident referred to line item 48- asked why $30,000 was being spent for cell phones. He also referenced Line item 29 – and asked what the City was Advertising for $85,000.

In response to cell phones Mr. Seelie indicated general communication but that details would be reviewed in Committee. Acting Finance Director Demmerle responded that advertising included costs for bidding out on projects, notifying papers for anything over $15,000, Civil Service accounted for a portion of the costs.

Motion adopted. All members voting yea.
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16. ORIDNANCE NO. 10-03B – AN EMERGENCY ORDINANCE amending Ordinance No. 10-03A, adopted April 7, 2003 for the purpose of changing and increasing contracting authority for the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Procurement Officer to enter into contracts for professional services, and to advertise for bids and enter into contracts for the purchase of repair maintenance and operating supplies, services and equipment as authorized by the 2003 Appropriation Ordinance and the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law. (Pg. 31)

Motion by Mr. George, seconded by Mr. Dever, to place Ordinance No. 10-03B
Mr. George said that because the budget is very restricted for next year that a number of things would be looked at including cell phones. He said without a chance to review the entire situation, he said he would rather a cell phone be a personal item than to have a City one.
Ms. Roth said that part of the cell phones is for the guards.

Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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17. Communication from Acting Finance Director Demmerle regarding Purchasing and Contracting Ordinance FY2004. (Pg. 36)

Motion by Mr. George, seconded by Mr. Dever, to receive, file and refer the communication to the Finance Committee.
Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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18. ORDINANCE NO. 77-03 – AN EMERGENCY ORDINANCE authorizing 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 2004 Appropriation Ordinance and the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law. (Pg. 37)

Motion by Mr. George, seconded by Mr. Dever, to place Ordinance No. 77-03 on 1st Reading and refer it to the Finance Committee.

Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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19. Communication from Acting Finance Director Demmerle regarding Temporary Appropriations for Fiscal Year 2004. (Pg. 41)

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

Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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20. ORIDNANCE NO. 78-03 – AN EMERGENCY ORDINANCE to establish temporary appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for three months, January 1, 2004 to March 31, 2004 as provided by Ohio Revised Code Section 5705.38. (Pg. 42)

Motion by Mr. George, seconded by Mr. Dever, to place Ordinance No. 78-03 on 1st Reading and refer it to the Finance Committee.

Mr. George said that he looked at the Budget over the weekend and that there was an estimated year end balance of about $160,000. He said there were a lot of tough decisions to make including a 7% reduction in current expenditures from last year to this year and an estimated increase 15% increase in hospitalization, also modest increase in our income tax revenues.

Mr. Seelie said this was the tightest budget he’s seen.

Motion adopted. All members voting yea.

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21. Communication from Acting Finance Director Demmerle regarding Memberships for 2004. (Pg. 45)

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

Mr. FitzGerald said that he wanted to add Memberships to the list of things to look at. He said that he understood that the majority of the funds go to the four or five national associations and the Ohio municipal league, but said some of the memberships appear to be duplicative. He said those regarding attorney organizations. He said that some may only be $25.00 or $50.00 but that Cleveland is an example of when there’s budget trouble that each item warranted scrutiny.

A resident said that some of the organizations should not be funded for next year, and that there were private clubs funded – one of which he said was a lobbying group. He said the National Notary Association was an example and that and there were others that were obviously unnecessary professional organizations.

Motion adopted. All members voting yea.
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22. RESOLUTION NO. 7825-03 – A RESOLUTION authorizing the Director of Finance to pay the cost of memberships of municipal employees and/or Departments and Divisions in certain associations for the year 2004 and declaring such memberships to be in the public interest. (Pg. 47)

Motion by Mr. George, seconded by Mr. Dever, to receive, file and refer Resolution No. 7825-03 to the Finance Committee.

Motion adopted. All members voting yea.
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23. Liquor Permit Application for a new C2 classification to Patrick Sullivan, d/b/a Sullivans Irish Pub & Restaurant, 13368 Madison Avenue. (Pg. 51)

Motion by Mr. Dunn, seconded by Mr. George, to file no objection.
Motion adopted. All members voting yea.
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24. Liquor Permit Application for D2, D2X, D3, D3A transfers to CYBAR ONEZERO, d/b/a Capsule Bar, 13376-80 Madison Avenue, from Andrews Inc, d/b/a Galaxy Lounge, same address. (Pg. 52)

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

Motion adopted. All members voting yea.
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Ms. Roth said a constituent called to indicate she suspected the person living above her was using illegal drugs. She said she called the police and said she was dismissed. She said the woman did her own check and found out they were selling drugs and talked to the police again. She said she was encouraged to call the police whenever she thought something suspicious going on. She said there is now harassment from her landlord and from the person who lives upstairs. She said something similar happened a couple of months ago with a different person and asked what the policy was when a citizen calls to report what they think is a crime, what is the policy in terms of providing those citizens some protection.

Chief Malley said that whenever someone reports that they are being harassed they follow up on that. He said if he could get specific information he would follow up on those.

Mr. Dever asked the status of resurfacing for the streets. Public Works Director Boag responded that on the resurfacing program and the deep grind and overlay were virtually finished. He said they were in the process of completing a few repairs on aprons and curbs that he said were not satisfactory. Mr. Dever asked if Dick Corporation was handling the inspections for that contract. Mr. Boag responded that they’re different – Mr. Dever said he did not need that information right then. He asked about Belle Avenue status. Mr. Boag said that all the concrete would be done probably by Thanksgiving. Mr. Dever asked if the ball diamond at the front of Lakewood Park. He asked if it was anticipated that that would be done before the spring. Mr. Boag said the ball diamond will be completed, the dug outs, back stop plus some walkways as well as the walls that will go in front of Lakewood Park front entrance will be completely finished by the middle of December. Mr. Dever confirmed that the next phase at Lakewood Park would be the pool. He asked if the pool was going to be done or the skate park. Mr. Boag said that citizens wanted to review tennis court renovation and the skate park people wanted to raise additional money so both of those projects were deferred. Mr. Dever said he wanted to commend Mr. Boag on the Lakewood Park turn around and that the RTA bust shelter added there was an added plus.

Mr. George asked that the Public Works employees be commended for setting up the Veterans Day Ceremony.

Meeting adjourned 9:18 P.M.

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Approved:____________________________ __________________
CLERK
__________________
PRESIDENT