Regular Meeting of the Lakewood City Council called to order at 7:33 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: Mayor Cain, Law Director Spellacy, Acting Finance Director Demmerle,
Police Chief Malley, Fire Chief Mroz, Planning & Development Director Pietravoia,
Health & Human Services Director Buckon, Engineer Kilgore, Executive Assistant
to the Mayor for Community Relations Antonio, Executive Assistant to the Mayor
Benjamin, Assistant Director of Public Safety for Housing and Building Gallagher.
Pledge of Allegiance
Moment of Silence
Roll Call
Motion by Mr. George, seconded by Mr. Dunn, to approve the Minutes of the Regular Meeting of Council held 12/1/03 without the necessity of a reading.
Motion adopted. All members voting yea.
****OLD BUSINESS****
1. Finance Committee Verbal Report regarding Funds Transfer.
Mr. George submitted the following report.
Finance Committee met earlier to discuss Items 2,4,6 and 8. Item 2, is a transfer of funds to meet out year-end obligations. Item 4 is the Purchasing and Contracting Ordinance for the year 2004 which after review Council recommended adopting. Item number 6 regarding temporary appropriation for fiscal year 2004 provides funding for the first quarter of 2004 and last was Resolution regarding memberships for 2004 which was also amended by the Administration. After discussion, the Finance Committee voted unanimously to adopt the four ordinances and resolutions 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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2. ORDINANCE NO. 76-03 – AN EMERGENCY ORDINANCE to authorize the transfer of certain funds. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/17/03, 2nd READING 12/1/03))(Pg. 4)
Motion by Mr. George, seconded by Mr. Dunn, to amend Ordinance No. 76-03.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance No. 76-03 amended.
Motion by Mr. George, seconded by Mr. Dunn, to adopt Ordinance No. 76-03.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance No. 76-03 adopted as amended.
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3. Finance Committee Verbal Report regarding Contracting Ordinance, Ordinance
No. 77-03.
(Item One’s Verbal Report included Ordinance No. 77-03)
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4. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE
COMMITTEE 11/17/03, 2nd READIGN 12/1/03)(Pg. 7)
Motion by Mr. George, seconded by Mr. Dunn, to amend; on page 9, items 31a; include $150,000 for breathing apparatus.
Mr. Corrigan, indicated said it should be noted that the $150,000 is being applied for in a grant form and it is expected that it will be reimbursed. Chief Mroz affirmed that an application is in for the 2003 Fire Act Grant. He said if the City is successful in receiving that, expected to hear confirmation as early as Friday, the reimbursement will be about 70% of the cost, or approximately $98,000.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance No. 77-03 amended.
Motion by Mr. George, seconded by Mr. Dever to adopt as amended.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance No. 77-03 adopted as amended.
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5. Finance Committee Verbal Report regarding Temporary Appropriations Ordinance;
Ordinance No. 78-03.
(Item One’s Verbal Report included Ordinance 78-03)
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6. ORDINANCE 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. (PLACED ON 1ST READING AND REFERRED TO THE FINANCE COMMITTEE 11/17/03, 2ND READING 12/1/03)(Pg. 11)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 78-03.
Motion adopted. All members voting yea.
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7. Finance Committee Verbal Report regarding 2004 Memberships.
(Item One’s Verbal Report included Resolution No. 7825-03)
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8. 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. (REFERRED TO THE FINANCE COMMITTEE 11/17/03) (Pg.
14)
Motion by Mr. George, seconded by Mr. Dever, to amend Resolution No. 7825-03 to included on Page 15, International Public Management Association for Human Resources, on Page 16 to include National Public Employer Labor Relations Association, Northcoast Corrections Managers Association, Northern Ohio Public Sector Labor Relations, Ohio Association of Public Treasurers, and Ohio Tactical Officers.
Mr. George added that Procurement Officer Sullivan indicated that approximately 150 of the memberships were approved by Council last year and only 88 were actually utilized. He said there would be a review of what memberships were absolutely essential for the coming year.
To amend:
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Resolution No. 7825-03 amended.
Motion by Mr. George, seconded by Mr. Dever to adopt Resolution No. 7825-03 as amended.
Motion adopted. All members voting yea.
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9. Liquor Permit Application fro D5 and D6 permit classes to BBKC, d/b/a Sloane PUB, 18196 Sloane Avenue, Lakewood, Ohio 44107. (DEFERRED 12/1/03)(Pg. 18)
Mr. Dunn read from Law Director Spellacy’s letter indicating he had no statutory reason to object and recommending no objection. Mr. Dunn deferred to Mr. Corrigan for any objections he might have being the establishment is in his ward. Mr. Corrigan responded he did not.
Motion by Mr. Dunn, seconded by Mr. George, to file no objection.
Motion adopted. All members voting yea.
****NEW BUSINESS****
10. Communication from Mayor Cain regarding Resolution for Nahida Farunia. (Pg. 19)
Motion by Mr. Seelie, seconded by Ms. Roth, to receive and file the communication.
Motion adopted. All members voting yea.
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11. RESOLUTION NO. 7827-03 – A RESOLUTION to recognize Nahida Farunia for the distinguished honor of being selected as one of Cleveland Magazine’s Most Interesting People of 2004 for “building bridges across the chasm between Muslim immigrants and the larger community”. (Pg. 20)
Motion by Mr. George, seconded by Mr. Dever, to adopt Resolution No. 7827-03.
Motion adopted. All members voting yea.
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12. Communication from Police Chief Malley regarding Resolution for University Hospitals Health System DUI Prevention Task Force Grant. (Pg.21)
Motion by Mr. George, seconded by Mr. Dever, to receive and file the communication.
Motion adopted. All members voting yea.
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13. RESOLUTION NO. 7828-03 – AN EMERGENCY RESOLUTION authorizing the Mayor, as Safety Director, to enter into an agreement on behalf of the City to accept an expend grant funds, in an amount not to exceed $2,500, from University Hospitals Health System/Rainbow Babies & Children’s Hospital for the purpose of providing saturation patrols to enforce DUI laws within the City of Lakewood. (Pg. 22)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7828-03.
Mr. Corrigan asked if the same concerns surrounding the POPAS program applied to this. Chief Malley responded that POPAS was designed in other cities to direct enforcements efforts in order to generate tickets and revenue. He said that was one of the reasons it was turned down in Lakewood. He said this would just reimburse the City for the cost of overtime for putting the officers on the street at that time whether citations are produced or not.
Motion adopted. All members voting yea.
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14. Communication from Police Chief Malley regarding Resolution for Rainbow
Babies and Children’s Hospital Safe Communities Grant. (Pg. 24)
Motion by Mr. Seelie, seconded by Mr. George, to receive and file the communication.
Motion adopted. All members voting yea.
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15. RESOLUTION NO. 7829-03 – AN EMERGENCY RESOLUTION authorizing the Mayor, as Safety Director, to enter into an agreement on behalf of the City to accept and expend grant funds, in an amount to exceed $10,000, from University Hospitals Health System/Rainbow Babies & Children’s Hospital for the purpose of providing targeting enforcement activity within the City of Lakewood. (Pg. 25)
Motion by Mr. Seelie, seconded by Mr. George, to adopt Resolution No. 7829-03.
Ms. Roth referenced child safety seats and the status of the program to help people install them correctly. Fire Chief Mroz responded that this year they did enact the “Fit Stop” – a permanent site at Fire Station 3. He said that it is done the first Saturday of every month and by appointment.
Motion adopted. All members voting yea.
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16. Liquor Permit Application for C1, C2, and D6 transfers to Kali Rai Inc., d/b/a Northcoast Wine & Beer 1630 W. 117th St. from 1630 Inc., d/b/a E & G Beverage, same address. (Pg.27)
Mr. Dunn read from Law Director Spellacy’s correspondence recommending an objection to the transfer request.
Motion by Mr. Dunn, seconded by Mr. Seelie, to receive and file the liquor
permit.
Motion adopted. All members voting yea.
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17. RESOLUTION NO. 7830-03 – AN EMERGENCY RESOLTUION objecting to the
transfer of ownership of C1, C2, and D6 liquor permits from 1630 Inc. D/B/A
E & G Beverage to Kali Rai, Inc. D/B/A Northcoast Wine & Beer for an
establishment located at 1630 West 117th Street, City of Lakewood, Ohio 44107.
(Pg.29)
Mr. Dunn indicated the Law Director had informed him of the request to delete paragraph 3 of the original resolution and that a substitute has been provided.
Motion by Mr. Dunn, seconded by Mr. Corrigan, to amend Resolution No. 7831-03 to delete paragraph 3.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie.
Nays: None
Motion adopted. Resolution No. 7830-03 is amended.
Motion by Mr. Dunn, seconded by Mr. Seelie, to adopt Resolution No. 7830-03 as amended.
Motion adopted. All members voting yea.
Resolution No. 7830-03 adopted as amended.
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State Representative Michael Skindell presented Mayor Cain and Councilmember Roth with commendations from the Statehouse. Represented Skindell said Councilmember Roth taught him many things about serving as a member of council. He said his experience was that Ms. Roth was tenacious about preserving the balance of power. He said Ms. Roth did that by questions on resolutions and ordinances, being sure that she thoroughly examined each item. He said that when he ran for Council for the first time in 1997 that Councilmember Roth took him around her Ward and introduced him to people. He said it was a real pleasure to serve with Ms. Roth, and that he appreciated her guidance and friendship.
Representative Skindell commented on Mayor Cain’s diligence through the many programs she worked on during her tenure. She said that Mayor Cain worked with Council to preserve the longevity of Lakewood Hospital. He said that without Mayor Cain intervening when she did, Lakewood may not have had a hospsital in the community. He said Mayor Cain must be credited with that foresight. He mentioned credit was due for her work in the inclusion of EMS and its expansion. He said that during Mayor Cain’s tenure the Economic Development Fund was initiated and utilized extensively to start up new businesses and keep jobs in the City. He said that under Mayor Cain’s tenure, community development block grants were expanded to be include target improvement areas instead of primarily on low/moderate incomes to make improvements throughout the entire City. He mentioned her work with the Lakewood Park Plan, revitalization with the storefront renovation and the mayor that has far exceeded any other mayor in leveraging state dollars to come back to the City of Lakewood. He attributed his decision to run for Council to Mayor Cain’s New Year’s Eve call to him in 1996. He said that meant a lot to him. He said she has done a lot for the City and should be commended for what she has done.
Council President Seelie said that out of any councilmember he had worked with that Councilmember Roth represented her ward more than anyone that she followed her heart on her issues.
President Seelie indicated to Mayor Cain that he has known her for a long time, that she was a friend and would always be a friend. He said that when history is written that it will treat her kindly.
Councilmember George thanked Councilmember Roth for all she has done for the City. He said that there were ups and downs in their interactions but that as a public servant and a politician that the most important thing ever is that one’s integrity be impugned. He said never once in the disagreements that they had did he have to question her motivation for taking a particular position. He said that she has been a true and effective advocate for Ward 4.
Councilmember George said that he, like Mr. Seelie, has known Mayor Cain for many years. He said he appreciated the difficult decisions she had to make. He said that on the vast majority of issues he and the mayor have agreed on. He wished Mayor Cain well.
Councilmember Corrigan said Councilmember Roth has steadfastly represented her ward along with representing all of the citizens of all of Lakewood. He said he was honored to have served with her.
Councilmember Corrigan addressed Mayor Cain, stating she has served with the best interest of the City in mind. He said the City is better off for her being here. He agreed with Mr. Skindell about Mayor’ Cain’s substantial role in bringing about the Lakewood Hospital agreement. He said as a member of the board of trustees that he witnessed Mayor Cain’s courage when advocating for the City. He said that she surrounded herself with excellent people.
Councilmember FitzGerald addressed Councilmember Roth said that whenever he talked with Ms. Roth about an issue Ms. Roth only focused on the merits and not about the political ramifications. He agreed with other councilmembers that Ms. Roth was consistent in advocating for her own Ward but indicated that she had an awareness that the ward did face special challenges. He said she spoke from her heart. He remarked on Ms. Roth’s great sense of humor. He said that her whole career has been about helping people.
Concilmember FitzGerald addressed Mayor Cain stating that she too spent a life-time of serving others. He remarked on the kind of people she brought into the City. He said that Mayor Cain will be able to get a lot of satisfaction in the years to come to see the projects that she worked on.
Councilmember Dever said that Ms. Roth has done an outstanding job representing Ward 4. He said that Ms. Roth provided him guidance and that he wished her well.
Councilmember Dever addressed Mayor Cain indicating that they had a long history of friendship. He said Mayor Cain has done a great job for the City that the City is better off for her being mayor.
Councilmember Dunn commented on the valued Councilmember George placed on friendship above politics and wished him success as Mayor.
Councilmember Dunn addressed Councilmember Roth complimenting her on her consistent presence at innumerable community events. He indicated Ms. Roth was passionate about the City of Lakewood and her Ward. He mentioned Ms. Roth’s leadership in updating the City’s weapons ordinance to restrict the sale of firearms from a person’s kitchen in the City. He said that law was a model for the country.
Councilmember Dunn indicated he was provided many opportunities under the Cain Administration as a member of Mayor Cain’s staff. He indicated he witnessed first-hand the many decisions that needed to be made and how some people would be happy and some would not be. He said that people respect Mayor Cain for her effort, giving it her all. He wished her good luck.
Councilmember Roth stated that she wished Mary Louise Madigan luck. She said she was pleased with accomplishments in Ward 4, and thanked Mayor Cain for leadership and direction. She thanked Planning & Development Director Pietravoia for his remarkable work with getting investment in that area. Ms. Roth said that there were no neighborhoods like there were in Lakewood. She said she was honored that she was elected three times, that because votes were entrusted to her she tried hard to look out for her constituency. Councilmember Roth referred to a previous Councilmember, Ed Graham, who said; “what’s important in politics is the people you meet along the way”. Councilmember Roth said that she has had the opportunity to meet some wonderful people along the way. She concluded that it’s been a pleasure to serve. Extended applause followed her remarks.
Mayor Cain indicated the enormous respect she has for Councilmember Roth. She said Ms. Roth has been an honorable public official. Mayor Cain indicated that in anticipation of Ms. Roth’s reputation for many questions, the Administration made preparations and that this enhanced the process.
Mayor Cain provided thanks to the people on her staff. She said they exemplified quality governance. She thanked Councilmembers for their dedication. She provided her congratulations and best wishes to the Mayor-elect. Extended applause followed her remarks.
Motion by Mr. Seelie, seconded by Mr. George, to adjourn the meting.
Motion adopted. All members voting yea.
Meeting adjourned 8:58 P.M.
Approved:____________________________ __________________
CLERK
__________________
PRESIDENT