Regular Meeting of the Lakewood City Council called to order at 7:32 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 Duvalla, 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. Dunn, to receive, file and approve the Minutes of the Regular Meeting of Council held 1/20/04 without the necessity of a reading.

Motion adopted. All members voting yea.
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Without objection from Council items 5, 6, 7, 8, 9, 16 and 17 are brought forward first in the agenda order.

****OLD BUSINESS****
1. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 1/20/04).(Pg. 5)

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

Motion adopted. All members voting yea.
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2. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 1/20/04)(Pg. 7)
Motion by Mr. Corrigan, seconded by Mr. Dunn, to place Ordinance No. 2-04 on second reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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3. 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. (PLACED ON 1ST READING AND REFERRED TO THE FINANCE COMMITTEE 1/20/04(Pg. 8)

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

Motion adopted. All members voting yea.
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4. 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. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 1/20/04).(Pg. 9)

Motion by Mr. Corrigan, seconded by Mr. Dunn, to place Ordinance No. 4-04 on 2nd Reading and refer Ordinance 4-04 – Rule Ordinance Committee.

Motion adopted. All members voting yea.

****NEW BUSINESS****

5. Communication from Councilmembers Demro, Dunn, FitzGerald, and Madigan regarding Support of the Cuyahoga County Health and Human Services Levy. (Pg. 10)

Motion by Ms. Madigan, seconded by Mr. FitzGerald, to receive and file the communication.

Motion adopted. All members voting yea.
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6. RESOLUTION NO. 7853-04 – AN EMERGENCY RESOLUTION encouraging the voters of Lakewood to support the Cuyahoga County Health and Human Services levy on the March 2, 2004 primary ballot. (Pg. 11)

Motion by Ms. Madigan, seconded by Mr. FitzGerald, to adopt Resolution No. 7853-04.

Motion adopted. All members voting yea.
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7. RESOLUTION NO. 7854-04 – A RESOLUTION to commend Nancy J. Roth for her public service as Councilmember, Ward 4 of the City of Lakewood. (Pg. 12)

Motion by Ms. Roth, seconded by Mr. FitzGerald, to adopt Resolution No. 7854-04.
Motion adopted. All members voting yea.
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8. RESOLUTION NO. 7855-04 – A RESOLUTION to commend Madeline A. Cain for her public service as Mayor of the City of Lakewood. (Pg. 13)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7855-04.
Motion adopted. All members voting yea.
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9. RESOLUTION NO. 7856-04 – A RESOLUTION to honor Thomas J. George for serving the City of Lakewood as an outstanding member of Council for sixteen years. (Pg. 14)

Motion by Mr. Corrigan, seconded by Mr. Dunn, to adopt Resolution No. 7856-04.
Motion adopted. All members voting yea.
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10. Communication from Acting Public Works Director Beno regarding Contracting Ordinance for 2004 Capital Improvements. (Pg. 15)

Motion by Mr. Dever, seconded by Mr. Demro to receive, file and refer the communication to the Public Works Committee.

Motion adopted. All members voting yea.
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11. ORDINANCE NO. 5-04 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Public Works to engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Infrastructure Improvements in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg. 16)

Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 5-04 on 1st Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
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12. ORDINANCE NO. 6-04 –AN EMERGENCY ORDINANCE authorizing and directing the Direction of Public Works to engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for C.D.B.G. Fund Infrastructure Improvements in accordance with the administrative code of the City of Lakewood, contracts not to exceed the specified amounts without separate resolution of Council. (Pg. 18)

Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 6-04 on 1st Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
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13. ORDINANCE NO. 7-04 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Public Works to engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Wastewater Treatment Plant Improvements in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg. 19)

Motion by Mr. Dever, seconded by Mr. Demro, to place Ordinance No. 7-04 on 1st Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
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14. ORDINANCE NO. 8-04 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Public Works to engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for the 2004 Wastewater System Replacement Program in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate Resolution of Council. (Pg. 21)

Motion by Mr. Dever, seconded by Mr. Demro, to place Ordinance No. 8-04 on 1st Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
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15. ORDINANCE NO. 9-04 – AN EMERGENCY ORDINANCE authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, and the Director of Finance to advertise for bids and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood, for the purchase of the listed vehicles and equipment, contracts not to exceed the specified amounts shown without separate Resolution of Council. (Pg. 23)

Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 9-04 on 1st Reading and refer it to the Public Works Committee.

Mayor George referred to an item concerning Franklin Boulevard; $790,000 Water Fund. He said the Administration discussed whether or not to follow through with the project in 2004 because the water fund was diminishing. He said that because the County Engineer was going to complete the Franklin project between Bunts and West 117th in 2005, the thought to do the street’s waterline now would avoid tearing up the street in future years. He said that the Administration could not emphasize enough that the Water Fund is depleting and action was requited to continue capital improvements and replacements. He said that line broke recently – was from the early 1900’s and is in need of repair.

Motion adopted. All members voting yea.
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16. Communication from Mayor George regarding Jeffrey R. Rink. (Pg. 25)

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

Motion adopted. All members voting yea.
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17. RESOLUTION NO. 7857-04 – A RESOLUTION commending Jeffrey R. Rink for public service as the Assistant Director of the Department of Planning and Development and Economic Development Specialist for the past four years. (Pg. 26)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7857-04.
Motion adopted. All members voting yea.
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18. Communication from Acting Public Works Director Beno regarding Winterhurst Rate Changes and Increase in Parking Penalties and Waivers.(Pg. 27)

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

Motion adopted. All members voting yea.
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19. ORDINANCE NO. 10-04 – AN ORDINANCE establishing rates of admission to Winterhurst Ice Rink, located at 14740 Lakewood Heights Boulevard, Lakewood, Ohio, effective June 1, 2004 and superseding Ordinance 85-00 adopted February 5, 2001 and all other ordinances inconsistent herewith. (Pg. 28)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 10-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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20. ORDINANCE NO. 11-04 – AN ORDINANCE amending Section 351.99 of the Lakewood Codified Ordinances for the purpose of increasing parking penalties and waivers charged for related offenses effective May 1, 2004. (Pg. 30)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to place Ordinance No. 11-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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21. Communication from Law Director Brown regarding Definition of Taxable Income. (Pg. 33)

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

Motion adopted. All members voting yea.
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22. ORDINANCE NO. 12-04 – AN EMERGENCY ORDINANCE to amend Section 128.0318, Taxable Income, to include lottery winnings, gambling and gaming winnings in the definition of Taxable Income. (Pg. 34)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 12-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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23. Communication from Finance Director Nogalo regarding 2004 Appropriation. (Pg. 36)

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

Motion adopted. All members voting yea.
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24. ORDINANCE NO. 13-04 – AN EMERGENCY ORDINANCE to establish appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2004. (Pg. 37)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 13-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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25. Communication from Finance Director Nogalo regarding Transfer of Funds for Fiscal Year 2004. (Pg. 40)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive, file and refer the communication to the Finance Committee.

Motion adopted. All members voting yea.
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26. ORDINANCE NO. 14-04 – AN EMERGENCY ORDINANCE authorizing the transfer of certain funds. (Pg. 41)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 14-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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27. Communication from Human Services Director Buckon regarding Community Diversion Program Fund. (Pg. 43)

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

Mr. Seelie asked Director Buckon asked if this was a different request from prior years. Director Buckon responded that the first funding year was last year, halfway through the year in which the revenues were received into and became part of the Division of Youth Budget. She said the Court wished to see the monies received in where they respectively spent from and in doing so, best to set up a separate fund that was apart from the Division of Youth General Fund Budget. Mr. Seelie asked if this was a simple accounting item. Director Buckon responded that he was correct. Mr. Seelie said he saw no reason to not adopt the ordinance that evening.

Motion adopted. All members voting yea.
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28. ORDINANCE NO. 15-04 – AN EMERGENCY ORDINANCE to enact a new section of Chapter 129 of the Codified Ordinances of the City of Lakewood establishing the Community Diversion Program Fund, for the purpose of receiving monies from the Cuyahoga County Juvenile Court to help offset some of the costs associated with the Community Diversion Program. (Pg.44)

Motion by Mr. Seelie, seconded by Mr. Demro, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 15-04 on final reading.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Rules suspended

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 15-04.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 15-04 adopted.
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Mayor George provided that the Budget was lean this year but there was no cause alarm. He said it reveals there were fundamental financial issues the City had to deal with. He said that Lakewood’s City was not unique but that the estate tax last year netted the City about $1.2 million in the General Fund, the year before about $1.7 million. He said that in 2009 the estate tax will be eliminated. He stated the State and Local Government Fund has been reduced by three and a half percent and is a substantial loss in revenue. He said that income tax collection is flat. He said that it would be irresponsible to not start taking action if there was awareness of something occurring in 2009. He said fees that had not been changed for a period of time and were reviewed and that he sought Council’s support on those. He said over the long term there were fundamental issues concerning the area of income and that public income was being sought as to direction whether it was reducing services or finding other means of income to pay for existing services and expanding services.

Mr. Dunn asked that his comments be part of the minutes of the record of the meeting.

A referral list was updated this past week at the change over of Council cause this is a new Council. It’s my understanding that items that were introduced the last term of Council provided that there life is no more than six months old they’re transferred over to the current term of Council which is today. There was an omission which was not on the referral list at the beginning of this term of Council and it was a cell phone ordinance that was proposed by then Councilman George and I believe the date was the 22nd of July. Again, it appeared to be an oversight from the Clerk’s Office, I know they’re very busy there, but this was amended and now this matter is in the Rules and Ordinances Committee. Again, with the new term of Council we have different chairmanship assignments, I am now the chair of the Rules and Ordinance Committee as I know you all know I’m currently employed by SBC Communications and why we don’t directly have an interest in a cell phone company we are 60 percent owner of Cingular Wireless. So to avoid any conflict or perception of conflict I’m going to recuse myself from managing this proposed ordinance while it’s in Committee and I will defer to our ranking member who is Ryan Demro to manage it. I just wanted to state that for the record.

Motion by Mr. Seelie, seconded by Mr. Demro, to adjourn the meeting.
Motion adopted. All members voting yea.

Meeting adjourned 8:23 P.M.

Approved:____________________________ __________________
CLERK
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PRESIDENT