MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
FEBRUARY 17, 2004
7:30 P.M.


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, Assistant Law Director McGraw, Finance Director Nogalo, Police Chief Malley, Fire Chief Mroz, Planning & Development Director Pietravoia, Human Services Director Buckon, Acting Public Works Director Beno, Building Department Representative, 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 approve the Minutes of the Regular Meeting of Council held 2/2/04 without the necessity of a reading.

Motion adopted. All members voting yea.
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Without objection from Council items 18, 19, 20, 21, 37, and 38 are brought forward first in the agenda order.

****OLD BUSINESS****
1. Finance Committee Verbal Report regarding Ordinances 1-04, 2-04, and 3-04.
Mr. Corrigan submitted the following report.
The Finance Committee met February 14 to discuss Ordinances 1-04, 2-04, and 3-04. The Federal Emergency Management Agency Fund. This is enacting a new section of 129 of the Lakewood Codified Ordinances for the purposes of receiving monies from FEMA for the cost and expenses incurred as a result of the black-out that occurred August 14-15, 2003. We will continue to receive monies for such related emergency expenses and we need an account in which to put this money in. That’s Ordinance 1-04. Ordinances No. 2-04 establishes formally by ordinance a petty cash fund for various departments of the City including Finance, Police, Fire, Mayor, Muni Court, Law Enforcement Trust, Office On Aging, Health Department and Water Department. Prior to this all these departments had petty cash funds but this formally establishes the petty cash funds and has a set amount for each department. This is an effort for the Finance Department of having a more accurate accounting records keeping. Ordinance No. 3-04 is an ordinance establishing formally operational cash fund for various departments here in the City and these departments include the Tax Department, Police Department, Building Department, Muni Court, Health Department, Winterhurst, and Water Department – likewise operational cash was previously provided to this. This formally establishes this operational cash fund and is an effort to keep more accurate records. The Finance Committee voted unanimously to recommend approval of the amended ordinance. The amended ordinance corrects the typographical error that was originally in when this item was on first reading. The Finance Committee recommended to this Council that we pass items 1-04, 2-04, and 3-04 at tonight’s meeting.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to receive and file the verbal report.
Motion adopted. All members voting yea.
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2. 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, PLACED ON 2ND READING 2/2/04).(Pg. 8)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to amend Ordinance No. 1-04 to reflect the change in section 3 to read “AUTHROIZED Expenditures. All expenditures for services meeting the criteria of the grant shall be paid into this fund.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. All members voting
Ordinance No. 1-04 is amended.

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 1-04 as amended.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. All members voting
Ordinance No. 1-04 adopted as amended.
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3. 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, PLACED ON 2ND READING 2/2/04)(Pg. 10)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to adopt Ordinance No. 2-04.
Motion adopted. All members voting yea.
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4. 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, PLACED ON 2ND READING 2/2/04)(Pg. 11)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to adopt Ordinance No. 3-04.
Motion adopted. All members voting yea.
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5. Rules & Ordinances Committee Verbal Report regarding Ordinance No. 4-04 - Codification.

Mr. Dunn submitted the following report:

The Rules & Ordinances Committee met this evening before the Council Meeting to review Ordinance No. 4-04 which would update municipal codifications. All the amendments, all the ordinances have been passed that have been passed over the past year of a permanent nature have to be updated with our Lakewood Codified Ordinance so this is a perfunctory meeting where just as a matter of course ensure that our current Code is up to date. Upon discussion and briefing by the Law Department it was recommended approval unanimously, Councilman Demro and I comprise the Rules & Ordinances Committee that this matter be accepted by Council tonight.

Motion by Mr. Dunn, seconded by Mr. Corrigan to receive and file the oral report.
Motion adopted. All members voting yea.
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6. 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, PLACED ON 2ND READING 2/2/04).(Pg. 12)

Motion by Mr. Dunn, seconded by Mr. Seelie, to adopt Ordinance No. 4-04.
Motion adopted. All members voting yea.
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7. 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. (PLEASE SUBSTITUTE OF ORDINANCE NO. 5-04 PLACED ON 1ST READING AND REFERRED TO THE PUBLIC WORKS COMMITTEE 2/2/04)(Pg. 13)

Motion by Mr. Dever, seconded by Mr. Corrigan, to place Ordinance No. 5-04 on second reading and refer it back to the Public Works Committee.
Motion adopted. All members voting yea.
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8. ORDINANCE NO. 6-04 –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 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. (PLACED ON 1ST READING AND REFERRED TO THE PUBLIC WORKS COMMITTEE 2/2/04) (Pg. 15)

Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 6-04 on Second Reading and refer back to the Public Works Committee.
Motion adopted. All members voting yea.
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9. 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. (PLACED ON 1ST READING AND REFERRED TO THE PUBLIC WORKS COMMITTEE 2/2/04) (Pg. 16)

Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 7-04 on Second Reading and refer it back to the Public Works Committee.
Motion adopted. All members voting yea.
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10. 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 Water 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. (PLACED ON 1ST READING AND REFERRED TO THE PUBLIC WORKS COMMITTEE 2/2/04) (Pg. 18)

Motion by Mr. Dever, seconded by Mr. Corrigan, to place Ordinance No. 8-04 on Second Reading and refer it back to the Public Works Committee.
Motion adopted. All members voting yea.
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11. 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. (PLACED ON 1ST READING AND REFERRED TO THE PUBLIC WORKS COMMITTEE 2/2/04) (Pg. 20)

Motion by Mr. Dever, seconded by Mr. Dunn, to place Ordinance No. 9-04 on Second Reading and refer it back to the Public Works Committee.
Motion adopted. All members voting yea.
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12. 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. (PLACED ON 1ST READING AND REFERRED TO THE FINANCE COMMITTEE 2/2/04)(Pg. 22)

Motion by Mr. Corrigan, seconded by Mr. Dunn, to place Ordinance No. 10-04 on Second Reading and refer it back to Finance Committee.
Motion adopted. All members voting yea.
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13. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/2/04).(Pg. 24)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to place Ordinance No. 11-04 on Second Reading and refer it back to Finance Committee.
Motion adopted. All members voting yea.
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14. 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. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 2/2/04)(Pg. 27)

Motion by Mr. Corrigan, seconded by Mr. Dunn, to place Ordinance No. 12-04 on Second Reading and refer it back to the Rules & Ordinances Committee.
Motion adopted. All members voting yea.
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15. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/2/04)(Pg. 29)

Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 13-04 on Second Reading and refer it back to Finance Committee.
Motion adopted. All members voting yea.
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16. ORDINANCE NO. 14-04 – AN EMERGENCY ORDINANCE authorizing the transfer of certain funds. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/2/04)(Pg. 32)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to place Ordinance No. 14-04 on Second Reading and refer it back to Finance Committee.
Motion adopted. All members voting yea.

****NEW BUSINESS****

17. RESOLUTION NO. 7858-04 - AN EMERGENCY RESOLUTION appointing___________________________as a member of the Fair Employment Wage Board for a three-year term, commencing immediately and ending January 31, 2007. (Pg. 34)


Motion by Mr. FitzGerald, seconded by Mr. Dunn, to insert the name Mark Davis.
Mr. FitzGerald indicated Mr. Davis is a resident of Lakewood who has covered these types of issues in his professional capacity and would make a good addition, compliment well the individuals Mayor George has recommended.

Mr. Dunn said this was an outstanding recommendation.

Mr. FitzGerald said he wanted to provide an adequate explanation of why the appointments are being made. He said when the legislation was drafted one of the problems that surfaced from the cities across the country that enacted this type of legislation was enforcement. He said they wanted to set up a mechanism in Lakewood’s law that had a Board that could report back to the Administration and City Council about whether or not our enforcement was working or not. He said the way they wrote was the legislation was to have a balanced Board and that he thought it was balanced with two representatives from the business community, a couple from the Lakewood community and a couple from the community at Large. He said he considered the appointments an across the board approach.

Motion adopted. All members voting yea.
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18. Communication from Fire Chief Mroz regarding Commendation of Fire Personnel. (Pg. 35)

Motion by Mr. Seelie, seconded by Mr. Dunn, to receive and file the communication.
Fire Chief Mroz indicated this was the third time an AED that has been outfitted on the apparatus; used successfully in the resuscitation of a victim.

Motion adopted. All members voting yea.
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19. RESOLUTION NO. 7859-04 – A RESOLUTION commending the actions of Division of Fire personnel who responded to a cardiac arrest on January 12, 2004. (Pg. 36)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7859-04.

Motion adopted. All members voting yea.
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20. Communication from Mayor George regarding Resolution for Mr. Neil A. MacDonald. (Pg. 37)

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

Motion adopted. All members voting yea.
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21. RESOLUTION NO. 7860-04 –A RESOLUTION commending Mr. Neil A. MacDonald for his public service as a member of the Keep Lakewood Beautiful Board from November 1983 through December 31, 2003. (Pg. 38)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7860-04.

Motion adopted. All members voting yea.
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22. Communication from Mayor George regarding Mayor’s Appointments. (Pg. 39)

Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file this communication.
Motion adopted. All members voting yea.
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23. Communication from Mayor George regarding Appointments to the Keep Lakewood Beautiful Board. (Pg. 40)

Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file the communication.
Motion adopted. All members voting yea.
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24. RESOLUTION NO. 7861-04 – An Emergency Resolution approving the nomination and appointment, by the Mayor, of Pat Blesi as a member of the Keep Lakewood Beautiful Board for a three-year term, commencing immediately and ending December 31, 2006. (Pg. 41)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7861-04.

Motion adopted. All members voting yea.
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25. RESOLUTION NO. 7862-04 – An Emergency Resolution approving the nomination and appointment, by the Mayor, of Betsey Stupiansky as a member of the Keep Lakewood Beautiful Board for a three-year term, commencing immediately and ending December 31, 2006. (Pg. 42)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7862-04.

Motion adopted. All members voting yea.
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26. RESOLUTION NO. 7863-04 – An Emergency Resolution approving the nomination and appointment, by the Mayor, of Rose Slavik as a member of the Keep Lakewood Beautiful Board for a three-year term, commencing immediately and ending December 31, 2006. (Pg. 43)

Motion by Mr. Seelie, seconded by Ms. Madigan, to adopt Resolution No. 7863-04.

Motion adopted. All members voting yea.
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27. RESOLUTION NO. 7864-04 – An Emergency resolution approving the nomination and appointment, by the Mayor, of Jeff Snyder as a member of the Keep Lakewood Beautiful Board for a three-year term, commencing immediately and ending December 31, 2006. (Pg. 44)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7864-04.

Motion adopted. All members voting yea.
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28. RESOLUTION NO. 7865-04 – An Emergency Resolution approving the nomination and appointment, by the Mayor, of Melissa Meehan as a member of the Keep Lakewood Beautiful Board for a three-year term, commencing immediately and ending December 31, 2006. (Pg. 45)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 7865-04.

Motion adopted. All members voting yea.
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29. RESOLUTION NO. 7866-04 – An Emergency Resolution approving the nomination and appointment, by the Mayor, of Marie Parke as a member of the Keep Lakewood Beautiful Board for a three-year term, commencing immediately and ending December 31, 2006. (Pg. 46)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7866-04.

Motion adopted. All members voting yea.
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30. Communication from Mayor George regarding Appointments to the Fair Employment Wage Board. (Pg. 47)

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

Motion adopted. All members voting yea.
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31. RESOLUTION NO. 7867-04 – AN EMERGENCY RESOLUTION approving the nomination and appointment, by the Mayor, of Ken Kowalski as a member of the Fair Employment Wage Board for a two-year term, commencing immediately and ending January 31, 2006. (Pg. 48)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7867-04.

Motion adopted. All members voting yea.
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32. RESOLUTION NO. 7868-04 – AN EMERGENCY RESOLUTION approving the nomination and appointment, by the Mayor, of Barbara McDonnell as a member of the Fair Employment Wage Board for a two-year term, commencing immediately and ending January 31, 2006. (Pg. 49)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7868-04.

Motion adopted. All members voting yea.
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33. RESOLUTION NO. 7869-04- AN EMERGENCY RESOLUTION approving the nomination and appointment, by the Mayor, of John J. Filak as a member of the Fair Employment Wage Board for a three-year term, commencing immediately and ending January 31, 2007. (Pg. 50)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7869-04.

Motion adopted. All members voting yea.
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34. RESOLUTION NO. 7870-04 –AN EMERGENCY RESOLUTION approving the nomination and appointment, by the Mayor, of Steve Greenwell as a member of the Fair Employment Wage Board for a three-year term, commencing immediately and ending January 31, 2007. (Pg. 51)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7870-04.

Motion adopted. All members voting yea.
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35. RESOLUTION NO. 7871-04 –AN EMERGENCY RESOLUTION approving the nomination and appointment, by the Mayor, of Frank Holmes as a member of the Fair Employment Wage Board for a one-year term, commencing immediately and ending January 31, 2005. (Pg. 52)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7871-04.

Motion adopted. All members voting yea.
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36. RESOLUTION NO. 7872-04 –AN EMERGENCY RESOLUTION approving the nomination and appointment, by the Mayor, of Rev. Paula Maeder Connor as a member of the Fair Employment Wage Board for a one-year term, commencing immediately and ending January 31, 2005. (Pg 53)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7872-04.

Motion adopted. All members voting yea.
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37. Communication from Mayor George regarding Transfer of Property to Lakewood Hospital Association. (Pg. 54)

Rick Stelzer, Chief Administrative Officer and Fred DeGrandis CCHS – Western Region C.E.O. were recognized by President Seelie.

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

Mayor George indicated Raymond Marvar and Mr. Stelzer were present for questions. He indicated the item was a pass through. He said the City of Lakewood holds title to the particular property. He said that at the time it was purchased the City owned the hospital outright. He said there were no City funds utilized in the purchase of the Hospital – it was all Hospital funds. He said that the Hospital now has a willing purchaser for the property and is requesting the title go to the Hospital Association.

Fred DeGrandis from the Hospital said that the mayor articulated the purpose of the transfer. He said this is a use of an asset in a different manner than it is currently used. He said they intend to utilize the asset that’s currently used as real estate for medical offices to convert that asset to cash and then to use that for purpose of renovating and improving cardiology services. He said this links with what the City already helped with - the refinancing of the Hospital debt that provided it with a little more than a million dollars to help fund part of the project; the building sale will help fund another portion and then capital from the Hospital itself will fund the balance. He said they would be using this to invest in the Hospital within the City of Lakewood.

Councilmember FitzGerald asked what the property has been appraised at.

Mr. DeGrandis responded that there were two appraisals, one appraisal at one million dollars and that appraisal approximately a year ago for about 1.2 million dollars. The appraisals do mention the fact that the property may need repair and that they had reviewed the repair needs of the property and that was approximately $200,000 – repair of certain elements of the property that make them believe that the value of the purchase price is adequate “arms length” and negotiated over a substantial period of time.

Councilmember FitzGerald referred to the attached letter from former Mayor Sinagra indicating the property was purchased for $1,065,000 in cash. He asked if Mr. DeGrandis knew what year that was, indicating the letter did not have a date.

Mr. DeGrandis responded that he believed it was contemporaneous with the purchase of the property which was 1983 or 1984.

Councilmember FitzGerald asked if in 20 years the value decreased.

Mr. DeGrandis responded that that was what the appraisal tells. He said they go to an outside professional to seek that opinion. He said they base appraisals on the standards that are utilized.

Councilmember FitzGerald asked if at the time the purchase was done, when Mayor George indicated it wasn’t purchased by City funds – it was purchased by Lakewood Hospital which was an entity of the City at the time (Mr. DeGrandis indicated that was correct). Councilmember FitzGerald asked that at the time the lease was signed with the Cleveland Clinic – the City’s leasing all of the physical facilities to the Cleveland Clinic- the City is still the owner of that property.

Mr. DeGrandis responded that this was correct, the City maintains the fee and this needs to come to you to release the fee should you approve that.

Mr. FitzGerald asked if it was correct that this would be taking part of the property which the City still owns in trust of the people of Lakewood and it’s allowing the Hospital to sell part of it off to finance an improvement to the Hospital.

Mr. DeGrandis responded that this was correct.

Mr. FitzGerald asked if this was the first time the Cleveland Clinic has attempted to sell off a part of the physical plant or assets that was leased to the City in order to finance an improvement to the Hospital.

Mr. DeGrandis said he believed the only other transaction like this was a transaction where the houses that were utilized to allow the expansion of the emergency room - a transfer of those took place. He said he further believed those took place and are vested in the Association and not to a third party. He said he believed it is, that is correct.

Mr. FitzGerald asked if he was talking about the houses on Belle – and Mr. DeGrandis responded yes. Mr. FitzGerald asked that those were houses that the Hospital or City owned but the City still has that property. He said the City still has the property; it was just converting it to another use. Mr. DeGrandis indicated this was correct.

Mr. FitzGerald said he did not find it to be strictly a pass through because it was taking an asset that still ultimately vests in the people of the City of Lakewood and it would be allowing the Cleveland Clinic to sell part of it off to finance an improvement which may be a very important/worthy improvement but it’s taking part of what the City owns and sell it off to a private party for $100,000 less than the City paid for it 20 years ago.

Mayor George said he wanted to clarify that it was true the City owned the property technically but that the City did purchase the property - but the building was purchased with Hospital proceeds. He asked if the City would be out one penny from the transaction and was told it would not be.

Mr. DeGrandis said the answer was yes, and that the communication confirmed that – that the dollars used to purchase the medical building were those generated from hospital operations only not any city funds whatsoever.

Mayor George said those questions were asked immediately with confirmation that no city funds but rather Hospital funds were used to purchase the building. He said they recommended approval.

Council President Seelie said that there would be a Committee of the Whole Meeting and that Council would not be acting on the issue that evening.

Mr. FitzGerald asked when the lease with the Cleveland Clinic expires.
Mr. DeGrandis responded 2030.
Mr. FitzGerald said that if for whatever reason the lease was not renewed the City of Lakewood would get all of the facilities back, get all of the property back.
Mr. DeGrandis said that assets would revert to the City.
Mr. FitzGerald commented that they would get this (back) if approved. He said that the City would not be out with the General Fund but the City would not have an asset that still vests in the City anymore.

Mr. DeGrandis said that the City would not get the Medical Building back but that the City would get the equipment and renovated Hospital back at the end of the lease. He said that as they saw it – it was moving dollars from one asset to another asset that would revert back to the City at the end of the lease.

Mr. Dunn asked that Mr. DeGrandis attend the Committee of the Whole Meeting.

Motion to receive, file and refer to the Committee of the Whole.
Motion adopted. All members voting yea.
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38. ORDINANCE NO. 16-04 – AN ORDINANCE authorizing the Mayor on behalf of the City of Lakewood to transfer title to Lakewood Hospital Association of one parcel of real estate on which the Madison Square Building is located at 15644 Madison Avenue, Lakewood, Ohio, bearing Permanent Parcel Number 313-27-015, for the purpose of sale of said property and the investment of the proceeds of the sale into the renovation and capital equipment replacement of the catheterization service at Lakewood Hospital. (Pg. 60)

Motion by Mr. Seelie, seconded by Mr. Dunn, to place Ordinance No. 16-04 on 1st Reading and refer it to the Committee of the Whole Meeting.

A resident said that from the tax duplicate the property was worth One million, six hundred thirty one thousand, eight hundred dollars ($1,631,800). He said the City of Lakewood has been paying an average of $25,000 every half for the taxes on this property. He said the City should have its own appraisal. He said this was giving away $700,000 money. He asked what happens if they moved out of that building, if the City’s attorney’s can seek money from the Hospital.

Motion adopted. All members voting yea.
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39. Communication from Police Chief Malley regarding Sale via Trade-In of Weapons. (Pg. 61)

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

Motion adopted. All members voting yea.
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40. ORDINANCE NO. 17-04 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Finance to sell, through trade-in, 15 weapons and accessories, having an estimated value of $15,000, in conjunction with the purchase of new state-of-the art weapons for the Lakewood Division of Police. (Pg. 62)

Motion by Mr. Corrigan, seconded by Mr. Dunn, to place Ordinance No. 17-04 on 1st Reading and refer it to the Finance Committee.

Councilmember Corrigan asked if individual officers purchase their own weapons. Police Chief Malley responded that there may be one or two that may have purchased their own side-arm – specifically trained for that. Police Chief Malley said they were looking to replace mostly the SWAT weapons.

Motion adopted. All members voting yea.
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41. Communication from Acting Public Works Director Beno regarding Contract Ordinance for 2004 Capital Improvements. (Pg. 63)

Motion by Mr. Seelie, seconded by Mr. Dunn, to receive, file and refer this communication to the Public Works Committee.

Motion adopted. All members voting yea.
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42. ORDINANCE NO. 18-04 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Public Works to advertise for bids and enter into a contract with the lowest and best bidder for Building and Facilities 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. 64)

Motion by Mr. Dever, seconded by Mr. Demro, to place Ordinance 18-04 on First Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
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43. ORDINANCE NO. 19-04 – 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 Building and Facilities 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. 65)

Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance 19-04 on First Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
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44. ORDINANCE NO. 20-04 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Public Works to advertise for bids and enter into a contract with the lowest and best bidder for Park 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. 67)

Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 20-04 on First Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
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45. ORDINANCE NO. 21-04 – 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 contact administration and to advertise for bids and enter into a contract with the lowest and best bidder for Park 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. 69)

Motion by Mr. Dever, seconded by Mr. Corrigan, to place Ordinance No. 21-04 on First Reading and refer it to the Public Works Committee.

Mr. Dever asked if this was to amend the Master Plan for Lakewood Park? Acting Public Works Director responded that it was.

Motion adopted. All members voting yea.
….

46. ORDINANCE NO. 22-04 – AN EMERGENCY ORDINANCE authorizing an 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. 71)

Motion by Mr. Dever, seconded by Mr. Corrigan, to place Ordinance No. 22-04 on First Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
….

47. Communication from Law Director Brown regarding Erosion Control Measures for the properties located at 1000 Parkside Drive and 1003 Parkside Drive, Lakewood, Ohio. (Pg. 73)

Mr. FitzGerald asked if this was the correct communication was provided because it was from Tom Brown and dated that day. He asked if it should be amended.

Assistant Law Director McGraw requested that amendment be made.

Motion by Mr. Seelie, seconded by Mr. Dunn to amend the communication to read from Assistant Director Mary McGraw.

Mr. Dunn said that he did not think an Assistant Director can put something on the docket, that it would have to be an acting director. He said he did not believe an assistant director can place a correspondence on the docket, he thought it had to be a director. Mr. Seelie asked for an opinion from the Assistant Director.

Motion and seconded withdrawn.

Motion by Mr. Seelie, seconded by Mr. Corrigan to defer.

Mr. Demro suggested amending the correspondence to be submitted by the Mayor.

Motion by Mr. Demro, seconded by Mr. Corrigan, to have the communication read; very truly yours, Thomas J. George.

Motion adopted. All members voting yea.

….

48. RESOLUTION NO. 7873-04 – AN EMERGENCY RESOLUTION approving the use of submerged lands for property located at and abutting 1000 Parkside Drive in the City of Lakewood, Ohio (a legal description of which is attached hereto as “Exhibit A”) so that the owner can undertake lakeshore protection measures. (Pg. 74)

Mr. FitzGerald indicated that at the Lakefront Task Force meeting held the other day - he asked specifically Law Director Brown attend because it dealt with a complicated legal issue regarding submerged land with the City’s plans around Lakewood Park. He said it also had to do with the land directly north of the park – some to the east and some to the west. He said there would also be additional plans regarding the eastern end particular if there ever was a beach constructed. He said there were opinions that it might be as feasible or even more feasible to construct a beach on the eastern end of the park possibly in the future depending on the soil samples and having to do with the way the current flows and protection from the effect of the lake. He said he didn’t know if this would effect it, and that he wouldn’t want to do anything to discourage erosion control - he asked if this would come back for other reason. He asked when plans were to begin construction.

He said care should be taken because land – not part of the original shoreline because people either dumped soil or building materials out there or because of the natural process from the build up of the shore from the effect of the lake – that land is titled with the State and the City has rights to it. He said that’s what they were doing on the west end. He said on the east end of it – it may exist there. He said this was something that was talked about with former Director Brown – that they were being very careful about giving any submerged easements on the west end. He said he did not want to inconvenience the residents, that they have a construction schedule - but wanted to review.

Mayor George said that Tom Brown reviewed the plans and worked with the City Engineer. He said the land involved was not necessary to the City- and no exception to the designs as presented, the project does not require the expenditure of public funds.

Mr. Dunn said his experience in the Law Department was that this is a perfunctory step that the homeowner hast to get this approval by City Council and the Army Corps of Engineers required by the Ohio Department of Natural Resources - their construction schedule is however they contract with whoever they are going to do the work with. He said he anticipated, as was done in the past, that they would not do the work until the weather provides – spring at the earliest.

Mr. FitzGerald said that with that in mind, that it wouldn’t inconvenience the residents, he asked that it be deferred to next week.

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to receive, file and refer Resolution 7873-04 - to the Public Works Committee.

Motion adopted. All members voting yea.
….

49. RESOLUTION NO. 7874-04 – AN EMERGENCY RESOLUTION approving the use of submerged lands for property located at and abutting 1003 Parkside Drive in the City of Lakewood, Ohio (a legal description of which is attached hereto as “Exhibit A”) so that the owner can undertake lakeshore protection measures. (Pg. 77)

Motion by Mr. Seelie, seconded by Mr. Dever, to receive, file and refer Resolution No. 7874-04 to the Public Works Committee.

Motion adopted. All members voting yea.
….

50. Communication from Finance Director Nogalo regarding Purchasing and Contracting Ordinance FY2004. (Pg. 80)

Motion by MR. Seelie, to receive, file and refer the communication to the Finance Committee.

Motion adopted. All members voting yea.
….

51. ORDINANCE NO. 23-04 – 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 as authorized by the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law not to exceed the specified amounts shown without separate resolution of Council. (Pg. 81)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 23-04 on 1st Reading and refer to the Finance Committee.

Motion adopted. All members voting yea.
….

Meeting adjourned 9:08 P.M.


Approved:____________________________ __________________
CLERK
__________________
PRESIDENT