Regular Meeting of the Lakewood City Council called to order at 7:30 P.M. by President Seelie.
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Present: Councilmembers Brian T. Corrigan, Ryan Patrick Demro, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Mary Louise Madigan, Robert M. Seelie.
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Also Present: Mayor George, Law Director Brown, Finance Director Nogalo, Police Chief Malley, Assistant Fire Chief Hageman, Planning & Development Director Pietravoia, Human Services Director Buckon, Acting Public Works Director Beno, Assistant Director of Public Safety for Housing and Building Gallagher, Executive Assistant to the Mayor Novak.

Pledge of Allegiance
Moment of Silence
Roll Call

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Motion by Mr. Corrigan, seconded by Mr. Dever, to receive and file the Minutes of the Regular Meeting of Council held 1/5/04 without the necessity of a reading.

Motion adopted. All members voting yea.
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Without objection from Council items 13, 14, and 16, 17, 18, and 19 are brought forward first in the agenda order.

****NEW BUSINESS****
1. Committee of the Whole Verbal Report regarding Council Boards and Commissions appointments.
Mr. Seelie submitted the following report:

The Committee of the Whole met this evening at 6:15 to review a number of appointments that we had to make. Two appointments were Councilemembers that serve on the Lakewood Hospital Board. Two amendments were, 1, community member serving on the Lakewood Hospital Board – that’s a five year term, (Councilmembers are 2 year terms) and Special Trustee serving on the Hospital Board – five year. Civil Service amendment, that is a 3 year term. Every ten years, we are required, by Charter to appoint five members to the Charter Review Commission, the Mayor appoints four. Those members have to be appointed by the end of this month and we came up with five names and appointed those members to serve on the Charter Review Commission. Starting immediately – and they have to have recommendations by mid-year.

President Seelie indicated the Mayor would speak more on the issue when his communication came up. He said that the Charter Review will make every effort possible to include as much public participation as possible.

Mr. Seelie said that all the nominations were unanimous.
Motion by Mr. Seelie, seconded by Mr. Dunn, to receive and file the verbal report.
Motion adopted. All members voting yea.
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2. RESOLUTION NO. 7835-04 – RESOLUTION to appoint_______________________as a member of the Governing Board of Lakewood Hospital for the full two-year term ending December 31, 2005. (Pg. 6)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to insert the name; Ryan Patrick Demro.

Motion adopted. All members voting yea.
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3. RESOLUTION NO. 7836-04 – RESOLUTION to appoint_______________________as a member of the Governing Board of Lakewood Hospital for the full two-year term ending December 31, 2005. (Pg. 7)

Motion by Mr. Seelie, seconded by Mr. Demro, to insert the name; Michael W. Dever.

Motion adopted. All members voting yea.
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4. RESOLUTION NO. 7837-04 – A RESOLUTION to nominate______________________as a Community Trustee of the Governing Board of Lakewood Hospital Association for the full five year term ending December 31, 2008. (Pg. 8)

Motion by Mr. Seelie, seconded by Ms. Madigan, to insert the name; Dennis J. Roche.

Motion adopted. All members voting yea.
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5. RESOLUTION NO. 7838-04 – A RESOLUTION to nominate_____________________as a Special Trustee of the Governing Board of Lakewood Hospital Association for the full five year term ending December 31, 2008. (Pg. 9)

Motion by Mr. Seelie, seconded by Mr. Demro, to insert the name; Patrick F. Hyland.

Motion adopted. All members voting yea.
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6. RESOLUTION NO. 7839-04 – A RESOLUTION to appoint________________________as a member of the Civil Service Commission for the three year term ending December 31, 2006. (Pg. 10)

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to insert the name; Joseph P. Gibbons.

Motion adopted. All members voting yea.
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7. RESOLUTION NO. 7840-04 – A RESOLUTION to appoint________________________as a member of the Charter Review Commission of the City of Lakewood commencing January, 2004. (Pg. 11)

Motion by Mr. Dever, seconded by Mr. Seelie, to insert the name; Dr. Lawrence F. Keller.

Motion adopted. All members voting yea.
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8. RESOLUTION NO. 7841-04 – A RESOLUTION to appoint________________________as a member of the Charter Review Commission of the City of Lakewood commencing January, 2004. (Pg. 12)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to insert the name; Dean Boland.

Motion adopted. All members voting yea.
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9. RESOLUTION NO. 7842-04 – A RESOLUTION to appoint________________________as a member of the Charter Review Commission of the City of Lakewood commencing January, 2004. (Pg. 13)

Motion by Mr. Dunn, seconded by Mr. Seelie, to insert the name; Lynn Farris.

Motion adopted. All members voting yea.
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10. RESOLUTION NO. 7843-04 – A RESOLUTION to appoint________________________as a member of the Charter Review Commission of the City of Lakewood commencing January, 2004. (Pg. 14)

Motion by Mr. Dunn, seconded by Mr. Demro, to insert the name; Steve Davis.

Motion adopted. All members voting yea.
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11. RESOLUTION NO. 7844-04 – A RESOLUTION to appoint________________________as a member of the Charter Review Commission of the City of Lakewood commencing January, 2004. (Pg. 15)

Motion by Mr. Demro, seconded by Mr. Seelie, to insert the name; Jennifer Scott.

Motion adopted. All members voting yea.
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12. Communication from Councilmembers Dunn and Demro regarding Review of Accrual of Employee Vacation and Sick Leave and Compensatory Time. (Pg. 16)

Mr. Dunn added the following comments to his communication.

I am glad that my effort is joined by Ward 2 Councilman, Ryan Patrick Demro. To make sure I’m clear, in dealing with employee compensatory, sick and vacation leave and truly it’s like the third rail of local politics. I mean these are things that people have worked hard towards and earned and rightfully are theirs. And by no stretch of the imagination do I want to tamper with that at all. What has been earned has been properly earned and is owed to the people who earned it. The reason I brought this correspondence forward is primarily two-fold. Absent the article in the Plain Dealer which was accurate, factual, correct; it would not have been brought to the public’s attention. But as it was brought to the public’s attention, people who worked in the prior administration and I was somebody who worked in the prior administration, who benefited from the existing rules and are at a position now where they’re going to be paid what they’re owed. I believe it created the perception in the community that these people were walking away with a benefit that possibly they should not have. And that is simply not true. These are good, honest people who worked within the rules and earned what they earned. In terms of my own situation, I had a break of service in working in the prior administration. The first time I left office I left with a payment because of vacation time that I accrued and personal, sick days of I believe of just over $5,000. And the second time I left which was in 2000, the year 2000 I left with a benefit of $4,000 again - vacation time that I had accrued. Arguably, if I stayed to the end of the prior administration’s term the amount of money would not have been $62,000, it would have exceeded $70,000 which would even more of a reason to bring this forward. Again, it’s not dealing with any specific people or person it’s dealing with the issue and the issue is of concern to my awareness now that an administration should not have to be burdened with a due bill of the prior administration when people who have rightfully earned their vacation time check out. And it’s the totality of all those bills coming due at once that creates a burden and the burden is exacerbated in times of fiscal restraint. That was my main concern and again, the secondary concern was to make sure that reputations are held in tact. But I ask simply for a review because I know that the various ordinances as well as the Charter - it’s a complicated web, it has to be studied to find out if anything can or should be done and that’s why I’m looking forward to the briefing in which our Rules & Ordinances Committee if necessary will draft legislation and report back to City Council.

Motion by Mr. Corrigan, seconded by Mr. Dunn, to receive, file and refer the communication along with verbal comments to the Rules & Ordinances Committee.

Mr. Demro said he wanted to echo Mr. Dunn’s comments about people being given one’s due. Mr. Demro said he took issue specifically with the elected official’s compensation. He said when there is a League of Women’s Voters forum, the salary of an elected official is shown and generally that is what it is. He said he understood that the Mayor is a full-time employee but believed that if an ordinance is written an published and shows what the Mayor gets paid that that is what the mayor gets paid. He said if he or she had to work overtime – then that’s part of the job. He said he hoped the issue would be explored carefully.

Mr. Seelie asked Mr. Dunn, who he meant when he said “administration”. He asked if he meant police, fire, the unions, the administrative workers, the Mayor?

Mr. Dunn responded that he envisioned people that could possibly be directly effected would be a very small group of city employees. He said those would be people who were not only eligible for vacation time, sick time and personal days but also those with the option and necessity to accrue and use compensatory time. He said it was those combinations that would qualify for someone who would be under this review.

Mr. Seelie asked if he was talking about non-classified employees. Mr. Dunn responded yes. Mr. Seelie asked if Mr. Dunn was a non-classified employee in the previous administration and Mr. Dunn said that he held the position of Assistant Law Director for two and a half years and then was the Mayor’s Executive Assistant for Community Relations. Mr. Seelie asked if the position Mr. Dunn held was the position he was talking about. Mr. Dunn responded yes.

To receive, file and refer the communication and Mr. Dunn’s verbal communication to the Rules and Ordinances Committee.

Motion adopted. All members voting yea.

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13. RESOLUTION NO. 7845-04 – A RESOLUTION to honor Michael P. Summers who has completed eight years of exemplary service as a member of the Lakewood Board of Education, from January 1996 through December 2003. (Pg. 17)

Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Resolution No. 7845-04.
Motion adopted. All members voting yea.
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14. RESOLUTION NO. 7846-04 – A RESOLUTION supporting our Lakewood City School District 6.5 Mill Bond Issue. (Pg. 18)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7846-04.

Mr. Demro said that in the interest of full disclosure he wanted to indicate he was a candidate for a Master’s Degree in Education at Ursuline College. He said the Lakewood City Schools have a good relationship with that program and that he inquired about the possibility of a conflict of interest in his vote on the issue. He said the Law Director indicated that there was no conflict of interest. Councilmember Demro said that his own experience over the past three years of teaching at the schools provided him reason to strongly support the levy. He shared his experience of balancing heating problems in the classroom - attributed to the use of older boiler systems - requiring windows to be open in the middle of winter.

Law Director Brown said he wanted to clarify the conflict issued indicating that Mr. Demro was not employed by the Lakewood School District and was student teaching there. Mr. Brown said that after review A.G. opinions and Ethics Commission opinions he did not find any conflict.

School Board Member Favre indicated that all of the school buildings are over 70 years old, approaching 80 and two are over 100 years old. He said the interest rates and state funding indicate the timing is right to do this now.

Mayor George indicated this was a very important issue for the future of the City of Lakewood. He said that he appreciated and admired the process the School Board and Superintendent Madak followed regarding major construction issues. He said there was a tremendous about of public input. He said that as difficult as economic times are that the problem only gets worse if it is not addressed. He said he would fully support the issue.

To adopted Resolution No. 7846-04.
Motion adopted. All members voting yea.
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15. RESOLUTION 7847-04 – A RESOLUTION to welcome you as a new resident of the City of Lakewood. (Pg. 19)

Motion by Mr. Corrigan, seconded by Mr. Dever, to adopt Resolution No. 7847-04.

Motion adopted. All members voting yea.
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16. Communication from Mayor George regarding Resolutions for Kevin Burtzlaff, Michael Kotansky and John Ready. (Pg. 20)

Motion by Mr. Corrigan, seconded by Mr. Dever, to receive and file the communication.
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17. RESOLUTION NO. 7848-04- A RESOLTUION commending Mr. Kevin Burtzlaff for public service as a member of the Lakewood Planning Commission from January 1, 1998 through December 31, 2003. (Pg. 21)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7848-04.

Motion adopted. All members voting yea.
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18. RESOLUTION NO. 7849-04 – A RESOLUTOIN commending Mr. Michael W. Kotansky for public service as a member of the Board of Building Standards/Architectural Board of Review/Sign Review Board from January 1, 1999 through December 31, 2003. (Pg. 22)

Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Resolution No. 7849-04.

Motion adopted. All members voting yea.
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19. RESOLUTION NO. 7850-04 – A RESOLUTION commending Mr. John J. Ready for public service as a member for the Board of Zoning Appeals from January 1, 1999 through December 31, 2003. (Pg. 23)

Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Resolution No. 7850-04.

Motion adopted. All members voting yea.
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20. Communication from Mayor George regarding Charter Review Commission. (Pg. 24)

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

Mayor George indicated that in 1994 the Charter Review Commission undertook the charge of revisions to the charter and could not meet the deadline because the task was overwhelming. He said an additional Charter Review was empanelled. He said that resulted in the Second Amended Charter approved by the voters. He said that now the City is on the regular schedule. He anticipates a large amount of public input.

Mr. Dunn indicated his approval of Mayor George’s appointments indicating he knew each selection. He said they will all be outstanding contributors. He said the City Charter was the City’s constitution. He said that unlike last time, that this time, it is critical that the bigger issues are addressed. He said it was his hope that the document will help inspire economic development for the City.

Motion to receive and file.
Motion adopted. All members voting yea.
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21. Communication from Human Services Director Buckon regarding Public Health Emergency Preparedness: Countywide Coordinated Community Response Plan. (Pg. 25)
Motion by Mr. Corrigan, seconded by Mr. Dever, to receive and file the communication.

Motion adopted. All members voting yea.
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22. RESOLUTION NO. 7813-03A – AN EMERGENCY RESOLUTION amending Resolution No. 7813-03 for the purpose of increasing the authority of the Director of the Department of Human Services, on behalf of the City, to enter into an Agreement with the Cuyahoga County Board of Health to accept and expend funds for the support of a public health nurse position in the amount of $22,845. (Pg. 26)

Motion by Mr. Corrigan, seconded by Mr. Dever, to adopt Resolution No. 7813-03A.
Motion adopted. All members voting yea.
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23. Communication from Human Services Director Buckon regarding Juvenile Accountability Incentive Block Grant Funds. (Pg. 28)

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

Motion adopted. All members voting yea.
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24. RESOLUTION NO. 7851-04 – AN EMERGENCY RESOLUTION authorizing the Mayor, or his designee, on behalf of the City to enter into an Agreement with the Board of Cuyahoga County Commissioners to accept and expend funds for the Ohio Juvenile Accountability Incentive Block Grant Program (JAIBG). (Pg. 29)

Motion by Mr. Corrigan, seconded by Mr. Dever, to adopt Resolution No. 7851-04.

Mr. Corrigan clarified that the past two Resolutions were to receive money and did not require the three readings.

Motion adopted. All members voting yea.
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25. Communication from Human Services Director Buckon regarding Juvenile Diversion Program. (Pg. 31)

Motion by Mr. Corrigan, seconded by Mr. Demro, to receive and file the communication.
Mr. Dunn commended Mrs. Buckon and previous administration on the success of the program. He said that this program is doing great things for the City. He said the program was restricted to first time, non-violent offenders.

Motion adopted. All members voting yea.
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26. RESOLUTION NO. 7852-04 – AN EMERGENCY RESOLUTION authorizing the Mayor or his designee, on behalf of the City, to enter into an Agreement with the Cuyahoga County Juvenile Court to accept and expend funds in the amount of $1,375 per month for the Community Diversion Program for juveniles. (Pg. 32)

Motion by Mr. Corrigan, seconded by Mr. Dunn, to adopt Resolution No. 7852-04.

Motion adopted. All members voting yea.
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27. Communication from Finance Director Nogalo regarding Federal Emergency Management Agency Fund. (Pg. 34)

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

Motion adopted. All members voting yea.
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28. ORDINANCE NO. 1-04 – AN EMERGENCY ORDINANCE to enact a new section of Chapter 129 of the Codified Ordinances of the City of Lakewood establishing the Federal Emergency Management Agency Fund (FEMA), for the purpose of receiving monies from FEMA for the payment of certain salaries, fringe benefits, and use of equipment and vehicles associated with the black-out August 14-15, 2003. (Pg. 35)

Mr. Corrigan recommended this be placed on first reading and referred to the Finance Committee.

Motion by Mr. Corrigan, seconded by Mr. Dunn, to place Ordinance No. 1-04 on First Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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29. Communication from Finance Director Nogalo regarding Petty Cash Funds. (Pg. 37)
Motion by Mr. Corrigan, seconded by Mr. Dunn, to receive and file the communication.

Motion adopted. All members voting yea.
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30. ORDINANCE NO. 2-04 – AN ORDINANCE to enact a new section of Chapter 129 of the Codified Ordinances of the City of Lakewood establishing petty cash funds for the use of departments within the City of Lakewood. (Pg. 38)

Motion by Mr. Corrigan, seconded by Mr. Dunn, to place Ordinance No. 2-04 in 1ST Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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31. ORDINANCE NO. 3-04 – AN ORDINANCE to enact a new section of Chapter 129 of the Codified Ordinances of the City of Lakewood establishing operational cash funds for the use of departments within the City of Lakewood. (Pg. 39)

Motion by Mr. Corrigan, seconded by Mr. Dunn, to place Ordinance No. 3-04 on 1ST Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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32. Communication from Law Director Brown regarding Annual Codification of Ordinances. (Pg. 40)

Law Director Brown asked to address Council especially for the benefit of new members. He said that the process of the Ordinance takes ordinances that have been already passed and allows them to be included in the Ordinance book. It allows for re-numbering of other ordinances. He said the ordinances contained in this ordinance deal with Traffic Code misdemeanors, victim notification, living wage. He said all of these have already been passed.

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

Motion adopted. All members voting yea.
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33. ORDINANCE NO. 4-04 – AN EMERGENCY ORDINANCE to approve the editing and inclusion of certain ordinances and resolutions as parts of the various component codes of the Codified Ordinances and to provide for the publication of such new matter. (Pg. 41)

Motion by Mr. Seelie, seconded by Mr. Dunn, to place Ordinance No. 4-04 on 1st Reading and refer it to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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34. Certificates of Results of Election held November 4, 2003. (Pg. 42)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the certificates.

Motion adopted. All members voting yea.
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35. ADD-ON – Communication from Mayor George regarding 2004 Proposed Operating Budget.

Motion by Mr. Corrigan, seconded by Mr. Dunn, to receive, file and refer the correspondence to the Finance Committee.

Mr. Dunn asked if the correspondence allowed the Finance Committee to begin Budget Hearings. Law Director Brown responded that it does allow this after the budget document was provided on the 29th if the Budget Hearing was on the 30th.

Motion adopted. All members voting yea.
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Mr. Corrigan provided the following dates for budget hearings: Begin, Saturday, January 31st, continue them February 14 and February 28th with the possibilities of putting in an hour before the Council Meeting on the 17th or an hour before the Council Meeting on March 1st. He said the final budget hearing schedule will be out within the next week.

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adjourn the meeting.
Meeting adjourned 8:53 P.M.

Approved:____________________________ __________________
CLERK
__________________
PRESIDENT