Regular Meeting of the Lakewood City Council called to order at 7:38 P.M. by President Seelie.
Present: Councilmembers Brian T. Corrigan, Ryan Patrick Demro,
Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Mary Louise
Madigan, Robert M. Seelie.
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, 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. Demro, to approve the Minutes of the Regular Meeting of Council held 2/17/04 without the necessity of a reading.
Motion adopted. All members voting yea.
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Without objection from Council item 15 is brought forward first
in the agenda order.
****OLD BUSINESS****
1. Finance Committee Verbal Report regarding 2004 Appropriations
Ordinance.
Mr. Corrigan submitted the following report:
Your Finance Committee and the rest of this body, the Administration and members of the public met on five different days going back to January. We met for pushing thirty hours and thoroughly discussed the budget and the budget constraints for the 2004 year. This Budget that we have before us is a conservative budget, it’s a perpetual work in progress that can be adjusted throughout the year. What we have here is a Budget that has estimated revenues at a level that will most likely be obtained, expenditures at a level that that probably will not be exceeded. Starting point is the lowest since 1997. We are anticipating a Budget surplus at the end of the year of $135,000. This is the lowest budget surplus since 1997. Last year, for instance, we have a projected budget surplus at the end of the year of one million dollars. We ended up with $3.8 million. The $135,000 is likely to be higher than that amount. Total Budget amount for 2004 is estimated to be $93,687,095. The General Fund Budget is $37,721,734. This Budget does not incorporate a cost of living increase, this Budget does incorporate an estimated 27th pay period which happens once every 11 years. That in and of itself figures out to be a 3.8% increase for employees. Hospitalization has increased approximately 15% and this Budget provides for full staffing for both Police and Fire Departments. What we’re doing in 2004, full review of the City’s Hospitalization and different options that may present themselves as far as saving money. All City vehicles, all City cell phones are under review and those that are not necessary and they are still under review in determining what cell phones are necessary. We have at least until June of this year so many of those will be pulled off as well as vehicles. The vehicles the City is purchasing this year have been cut back as well. This Budget also allocates a half a million dollars towards the deep grind and overlay program, $1.2 million has been allocated towards the Community Development Block Grant streets, total reconstruction. The commencement of the comprehensive traffic signal upgrade in association with NOACA. There was a motion on the floor that we adopt the budget for FY 2004 as substituted and that substitution is before you tonight. That motion passed.
Motion by Mr. Corrigan, seconded by Mr. Dunn, to receive and file the verbal report.
Mr. Dunn said Mr. Corrigan provided an outstanding job on the Budget. He commended the Administration for working through the economic circumstances of a tight budget.
Mayor George said he had every desire, and everyone has been directed to follow through with Council’s requests that were made during the Budget process. He termed the General Fund Budget as being tight. He said it was important to understand there were different Enterprise Funds, Special Revenue Funds within the City. He said there was a balance in the Sewer Fund of over $2 million but that this fund was restricted for sewer-related use. He said with the aggressive capital program, that special fund could not be used for day-to-day operations for the City. He said when people see construction and projects underway this summer it was because other funds within the City continue to be well managed and that there were ample resources to utilize those funds. He said, however, the General Fund is going to be used to subsidize other funds because it is a very lean time for Lakewood as it is for other cities.
Councilmember Corrigan stated that pending approval of Council he would be become the City’s Law Director and would therefore abstain from any vote on the Budget to avoid the appearance of impropriety. He indicated the other two members of the Finance Committee voted in favor of recommending adoption of the Ordinance that night.
Motion adopted. Six members voting yea.
Mr. Corrigan abstaining.
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2. 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, 2ND READING 2/17/04)(Pg. 7)
Mr. Seelie indicated a motion to substitute would be made because there was an addition of $25,000 into the General Fund number due to additional monies put into Community Development.
Motion by Mr. Seelie, seconded by Mr. Dunn, to substitute Ordinance No. 13-04.
Finance Director Nogalo outlined the following substitutions:
A General Fund increase of $25,000 in the Planning Department to allow for an individual to be shared between CDBG and the General Fund Planning Budget. In addition, $2,200 for work area (used) partitions and $3,000 Human in Services for additional training. He said the Computer Legal research fund was at the request of the Judge. He said he wanted this money transferred out of the Computer Legal Research Fund last December 31 so there should not be any appropriation in 2004. He said within the CDBG Fund there was an allocation decrease of $20,544. He said the Capital Improvement Fund was increased by $270,000; $50,000 for streetscape, $20,000 for gateway signage; $50,000 for Clifton beautification; $200,000 for additional expenditures which will be financed by additional notes for the Sloane Avenue project – due receipt of the grant of $761,000 – allowing for entire Sloane Avenue project to be completed. There was a decrease of $50,000 in telecommunications upgrade in the capital. There was $700 subscription increase in the Wastewater Treatment Fund and $25,000 in the Winterhurst Ice Rink (He referred to the handout and indicated that Winterhurst Ice Rink and Congregate Living numbers are flip flopped). He said there was $10,000 for additional advertising and $15,000 for the natural gas tank.
Mr. Seelie repeats the motion to substitute as stated by the Finance Director.
Yeas: Demro, Dever, Dunn, FitzGerald. Madigan Seelie
Nays: None
Mr. Corrigan abstains.
Motion adopted. Ordinance is substituted.
Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Ordinance No. 13-04 as substituted.
A resident said that in previous years there was public hearing
advertised. Mr. Seelie responded that this was the Tax Budget
in November.
Yeas: Demro, Dever, Dunn, FitzGerald. Madigan Seelie
Nays: None
Mr. Corrigan abstains.
Motion adopted. Ordinance No. 13-04 is adopted as substituted.
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3. Finance Committee Verbal Report regarding Ordinance 14-04 – Transfer Ordinance.
Mr. Corrigan submitted the following report:
Your Finance Committee along with the rest of Council met in February. This Ordinance reflects that the General Fund subsidizes various departments and funds including but not limited to street construction, community festival, computer maintenance fund, the Law Enforcement Trust Fund; Police and Firemen Pension Fund, the Debt Service Fund. These payments are made from the General Fund to subsidize these fund.
Motion by Mr. Corrigan, seconded by Mr. Dunn, to receive and file the verbal report.
Mr. Nogalo indicated the substituted ordinance that night reflected an item that was removed; the Judge’s Computer Maintenance Fund. He said the Judge wanted the amount of $$55,747 moved on December 31st of ’03. He said that adjustment was made and was not necessary to have in the ordinance for 2004.
To receive and file.
All members voting yea.
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4. 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, 2ND READING 2/17/04)(Pg. 10)
Motion by Mr. Seelie, seconded by Mr. Dunn, to substitute the changes as stated by the Finance Director.
Yeas: Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Mr. Corrigan abstains.
Ordinance No. 14-04 is substituted.
Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Ordinance No. 14-04 as substituted.
Yeas: Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Mr. Corrigan abstains.
Ordinance No. 14-04 is adopted as substituted.
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5. Public Works Committee Verbal Report regarding Ordinances
5-04, 6-04, 7-04, 8-04, and 9-04.
Mr. Dever submitted the following report:
Public Works Committee met last Tuesday to consider the Ordinances 5-04, 6-04, 7-04, 8-04 and 9-04. Ordinance 5-04 for Infrastructure Improvements. Seven items were listed; sidewalks – used for spot replacement throughout the community. Second item is the $500,000 for the deep grind and overlay program. This is used primarily for the Edwards/Delaware and Emerson but gives some flexibility to the Administration with advice from Council. They will decide in the near future on what streets will be involved in the overlay program. The next item is the Sloane Avenue Improvements which were alluded to earlier for $1,083,000. Third item is streets signs. We’ve started a systematic replacement of the street signs throughout the community. Currently we’ve finished everything north of Clifton. There’s pealing paint, variations in the size, etc. and the new signs will be brighter, more reflective. It came down to a safety issue that’s why we’re updating these. Streetscape improvement, this will be Public Works in conjunction with Community Development for modest improvements throughout the City be it waste receptacles, benches or some intersections that need some streetscape improvements. The sixth item is gateway signage. This is replacing the signage entry to the City and a few other places in the City also. Signalization Improvements for the seventh item; this is involved in the Engineering design work for the Clifton Blvd Project which NOACA is going to be participating in it. This is to do the design and engineering work for the signals. It’s been 15-20 years since these poles were originally installed. The life is about 15 years before it becomes a safety issue so we need to move forward on this. Ordinance 6-04, this is the CDBG Fund Infrastructure Improvements. These funds will be received; have been reduced by $20,000 and this will be substituted, this ordinance, that’s why we’re amending it this evening. If there’s any money available, also we’ll be adding two streets; possibly two – Robinwood and Westwood if there’s any money left at the end of this. We’ll have an option to utilize the money on either of those two streets.
The next item; we’re amending this ordinance to complete a greater portion of Sloane Avenue. Recently this year, in 2004 we’re supposed to do the reconstruction work between West Clifton and Matthews and the other half from Mathews to Detroit in 2005. But this changed when we received a grant from Issue 2. The caveat with this funding is that it has to be spent this year or put under contract. That work will be starting this year and most likely will not be completed until spring of next year. The next item is for sewer work and that will take us to approximately the end of August. The street work won’t begin like I said until the end of August and probably won’t finish until the springtime because it will be the onset of winter time. Next item is Merl (Donald to Nicholson). This is the last of the ITA for Ward 4. Hopefully we can move onto other wards to use those ITA Funds. West 117th – final pavement for the City of Lakewood’s share of the reconstruction of West 117th Street. From what I understand, for all intents and purposes it’s completed and there’ll be a bill coming from the County to the City to paint it. Ordinance 7-04 Wastewater Improvements – also there are some funds in here for the Sloane Avenue Sewer Repair (from Phelps to Detroit). Emergency Response – as we have done in the past, we’ll allocate these resources so that we can respond quickly if there’s any sewer repair work that needs to be done but at the same time if there is a major break somewhere in the City, Council action is needed before that specific repair can take place. The next item before us is the ultraviolet system. This allows the City to handle greater volume in treating the raw sewage in basically an environmentally safe method which eliminates chlorination and chemical usage down at our Wastewater Treatment Plant. There still can be use of some chemicals. The next item is the Long Term Control Plan – that’s per the Ohio EPA. This is Phase 2 of a three phase plan to control wastewater and to eliminate basement flooding after heavy rainfall and precipitation. There’s a public participation element to this and I would assume that the City will be sending out flyers or it will be on Council’s agenda sometime in the foreseeable future about initiating that public participation. The next item is the 2004 Sewer Repair Program. This gives flexibility to use funds on other streets that are being constructed or resurfaced this year. This year we’re planning on doing resurfacing on Edwards, Emerson and Delaware. If there is some sewer repair that needs to be done or other streets beyond this we’ll have the flexibility to do use it. Next item is the Municipal Utility Garage Security Fence Upgrade. This improves security and accessibility at the facility and at the same time it will be making the parking lot available for after hour usage down at the dog park. GIS - $20,000 - this is going to be shared between the Wastewater Treatment Fund and also the Water System Replacement Program. It includes purchase of a new server. The technology is moving ahead of us here and prior to starting to utilize GIS, we used to keep all the information in cardboard boxes, it was hard to go through but now we’re starting to add the accessibility of this information at our fingertips. Ordinance 8-04 – Water System Replacement Program. The first Item on that is the Franklin Road Project. This wasn’t included in the replacement prior to the County coming through to do a resurfacing project there but now it has been placed in there. We’re going to replace the waterline between Clarence and West 117th Street on Franklin Boulevard prior to the County Engineer’s operational surfacing project which will run between Bunts and West 117th Street. That’s scheduled to take place in 2005. GIS – this is the shared expense that I alluded to in 7-04. The next item is Emergency Response. Also, we’re allocating $100,000 this for various waterline breaks throughout the City. It’s a foregone conclusion we’re going to have some problems again, we do have an aging infrastructure; A problem we’re trying to grapple with. Again the City’s Engineer is doing an admirable job trying to accomplish that task. The next item is Water System Vulnerability Assessment. This is an un-funded mandate part of homeland security where we basically have to assess the areas where our water service can be compromised. Ordinance 9-04 – Vehicles and Equipment. Parks Department is looking to add a pickup with a plow – current vehicle they have his better than 15 years of age, high mileage, safety issues. One and a half dump truck with a tilt bed and plow. This is part of the systematic replacement program. Next item is the Building Heavy duty Scanner. The scanner provides the Division of Housing and Building with a scanner necessary to continue with the Division’s implementation of the document management system; digitize all our historical files.
The next item are police cruisers. Once again this is a systematic replacement program. The next item, is the CRIS upgrade for Police Department. This is a program that requires the complete replacement of twelve computers and adding additional ram for nine computers. GPS tracking - tracking the placement of cars allows for dispatchers to locate, track and account for every police cruiser at all times. Next item on there – Cushmans that have lived out their serviceable life – there’s a safety and reliability issue here so some replacements there. Packer replacement – a Lift Truck – condition, safety, mileage, future repair costs – better to get rid of it now. Something that will be less burdensome on the maintenance department. A Fire Engine Pumper is 27 years old, it’s rusting, in need of excessive repairs and the availability of parts is starting to become problematic. The Fire Department is going to be purchasing a new Pumper Truck. The car for the Chief – engine damage, repair costs, high mileage and reliability called into question – safety issue here. Next item – Streets Department for 1 ½ ton Dump Truck replacement also V-box Salt Spreader, rusting and 22 years old –replace. Wastewater Collection –sewer camera – part of the sewer repair program. Wastewater Treatment – Miscellaneous Equipment, various chemical items down at the Wastewater Treatment facilities, indoor equipment that needs to be upgraded. Water Department – Towable Compressor part of the systematic replacement of equipment; reliability and safety is an issue. Winterhurst Natural Gas was alluded to earlier. Tank Quick Fill - reliability of this item at the Winterhurst skating rink, has been called into question and should be replaced. Aging – a transit van vehicle with wheelchair lift with excessive mileage, also a safety issue again – 135,000 miles on it. General Administration shredder replacing it with a large capacity shredder. Council – Digital Recording System – for this facility; been on the boink for a number of years here. This is going to replace the current system which does not have to be removed for transcription. It should be able to reduce proceedings from these meetings to CD for accessibility for members of the public and the press. Next item, Information Systems, computer upgrade, Councilman Corrigan alluded to. This is continuing enhancement of the City’s network; network security hardware, software. Document Imaging Licenses increases the number of user licenses in the Hall from three to nine and allows up to nine concurrent users city-wide to research City records. Fixed asset scanner provides more accurate and efficient method of continually updating the fixed asset data base by citing tags with bar codes. The City is behind other municipalities on this technology. This will keep track of all our fixed assets. Telecommunications upgrades. Replaces all telephone sets throughout City Hall except Police Department and all outside offices. Communications Tower – replaces deteriorated communications tower in the loop City Hall, this tower does not meet FCC stipulations of guy wire support – four support legs, two are completely rusted through. This tower is in dire need of replacement. The final item is the Cox Fiber Network – this project will connect to all municipal buildings to the same network.
Motion by Mr. Dever, seconded by Mr. Seelie, to receive and file the report.
Ms. Madigan asked how the purchase of the Cushmans was different from the discussion had during Budget Hearings that had the warning posted on the dashboard. Mr. Dever responded said that this would just afford the authority to purchase the Cushmans and that the Law Department would review the issue of safety and after clarification, money would be available. The issue being allowed to drive on the street. Ms. Madigan asked if there would be Cushmans without the warning. Mr. Seelie asked if the purchase would still go through if it was found that there was not a machine similar to the Cushman.
Mayor George said the approval was specifically for Cushmans. He said that his understanding would be that they would require separate authorization. Mr. Corrigan indicated that past review of the issue showed that Cushman was the only type of company that made this type of vehicle.
Ms. Madigan asked if the City would refrain from buying these types of Cushmans unless there was confirmation that vehicles that were allowed to ride on the road were manufactured. Ms. Madigan asked if there was a wait for a legal opinion on this. Mayor George responded that upon discussion with the Cushman Company Cushmans were pulled off the road. He said at this point, they are utilizing existing Cushmans to help in refuse pick-up. He said Refuse is researching various companies and going back to the Cushman Company to look into design change possibilities.
Acting Public Works Director Beno indicated that Rocky River, University Circle, University Heights and Shaker have the same problem.
Mr. Corrigan referenced the digital recording system with Council. He indicated the current system is not digital. He said it is a push-button with a cassette tape that you push play and record at the same time and that is the current method. He said it is a very old system that Council Meetings are being memorialized on. He said Information Systems is looking into a system that would more accurately and more effectively record what is said in this room as well as potentially in the Jury Room and other areas of City Hall. He said the main part being housed probably in the main room at Council Chambers. He said it would probably be more in line with the system of Judge Carroll who he said was very pleased with the system he has.
Mr. Corrigan said that Street reconstruction - Sloane Avenue is on the books to be repaired and wanted proactive work to be done so that the several businesses on Sloane Avenue that have suffered in the past during waterline replacement were as inconvenienced as little as possible.
Mr. Seelie indicated an individual who signed up for public comment was not called on. Councilmember Demro indicated the signer was a student in one of his classed and wanted to come and talk about a sewer on Giel. He said it was apparently flooding quite frequently.
Motion to receive and file the report.
Motion adopted. All members voting yea.
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6. 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 FOR ORDINANCE NO. 5-04 PLACED ON 1ST READING AND REFERRED TO THE PUBLIC WORKS COMMITTEE 2/2/04, 2ND READING 2/17/04)(Pg. 12)
Motion by Mr. Dever, seconded by Mr. Dunn, to substitute Ordinance
No. 5-04.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 5-04 is substituted.
Motion by Mr. Dever, seconded by Mr. Demro, to adopt Ordinance No. 5-04 as substituted.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No. 5-04 is adopted as substituted.
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7. 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. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 6-04 PLACED ON 1ST READING AND REFERRED TO THE PUBLIC WORKS COMMITTEE 2/2/04, PLACED ON 2ND READING 2/17/04) (Pg. 14)
Motion by Mr. Dever, seconded by Mr. Dunn, to substitute Ordinance
No. 6-04.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 6-04 is substituted.
Motion by Mr. Dever, seconded by Mr. Seelie, to adopt Ordinance No. 6-04 as substituted.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No.6-04 is adopted as substituted.
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8. 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. (PLEASE SUBSTIUTE FOR ORDINANCE NO. 7-04 PLACED ON 1ST READING AND REFERRED TO THE PUBLIC WORKS COMMITTEE 2/2/04, 2ND READING 2/17/04) (Pg. 16)
Motion by Mr. Dever, seconded by Mr. Seelie, to substitute Ordinance No. 7-04.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 7-04 is substituted.
Motion by Mr. Dever, seconded by Mr. Seelie, to adopt Ordinance No. 7-04 as substituted.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No. 7-04 is adopted as substituted.
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9. 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. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 8-04 PLACED ON 1ST READING AND REFERRED TO THE PUBLIC WORKS COMMITTEE 2/2/04, 2nd READING 2/17/04) (Pg. 18)
Motion by Mr. Dever, seconded by Mr. Demro, to substitute Ordinance No. 8-04.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 8-04 is substituted.
Motion by Mr. Dever, seconded by Mr. Demro, to adopt Ordinance No. 8-04 as substituted.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No. 8-04 is adopted as substituted.
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10. 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, 2ND READING 2/17/04) (Pg. 20)
Motion by Mr. Dever, seconded by Mr. Demro, to substitute Ordinance No. 9-04.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 9-04 is substituted.
Motion by Mr. Dever, seconded by Mr. Demro, to adopt Ordinance No. 9-04 as substituted.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No. 9-04 is adopted as substituted.
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11. Finance Committee Verbal Report regarding Ordinance No. 10-04 Winterhurst Ice Rink Rates.
Mr. Corrigan submitted the following report.
Your Finance Committee met February 28 to discuss Winterhurst Ice Rink Rates. After a lengthy discussion it was determined that more information is needed. Therefore I would refer this back to the Finance Committee for further discussion.
Motion by Mr. Corrigan, seconded by Mr. Dunn, to refer this item back to the Finance Committee for further discussion.
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, 2ND READING 2/17/04)(Pg. 22)
Motion by Mr. Corrigan, seconded by Mr. Dunn, to refer Ordinance No. 10-04, back to the Finance Committee.
Motion adopted. All members voting yea.
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13. Finance Committee Verbal Report regarding Ordinance No. 11-04 – Parking Penalties.
Mr. Corrigan submitted the following report:
Finance Committee met on February 28 to review current proposed parking fines as it relates to a variety of parking infractions. After much discussion and study of our fines structure and comparison with other cities a consensus was reached that our fine structure for violations was inadequate as it has not been updated since 1991. Accordingly the Finance Committee recommends adoption of the fines on the substituted ordinances which are before your this evening which increase the fines for meter violations and illegal parking violations in handicap and fire lane violations at a range of $15.00 for meter violations up to $150 for delinquent handicapped violations. The Finance Committee recommended unanimously approval of the ordinance as substituted.
Motion by Mr. Corrigan, seconded by Mr. Dever, to receive and file the verbal report.
Mr. Dunn said that this is necessary, that they need to be updated. He said currently if you get a parking ticket in the City of Lakewood you get a $6.00 fine, it’s cheaper than some parking rates in garages.
Motion adopted. All members voting yea.
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14. 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, 2ND READING 2/17/04).(Pg. 24)
Motion by Mr. Corrigan, seconded by Mr. Seelie, to substitute.
Yeas: Corrigan, Dever, Dunn, Madigan, Seelie
Nays: None
Mr. Demro and Mr. FitzGerald absent from
Motion adopted. Ordinance 11-04 substituted.
Motion by Mr. Corrigan, seconded by Mr. Dunn, to adopt Ordinance No. 11-04 as substituted.
Mr. Corrigan indicated that the one other item that was changed in the ordinance was the amount of time to reply to a ticket. He said it was set at 72 hours instead of 48 hours.
Yeas: Corrigan, Dever, Dunn, Madigan, Seelie
Nays: None
Mr. Demro and Mr. FitzGerald absent for vote
Ordinance No. 11-04 adopted as substituted.
Yeas: Corrigan, Dever, Dunn, Madigan, Seelie
Nays: None
Mr. Demro and Mr. FitzGerald absent from
Motion adopted. Ordinance 11-04 substituted.
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15. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 2/17/04)(Pg. 27)
Motion by Mr. Corrigan, seconded by Mr. defer.
Councilman FitzGerald said he wanted to make a public record at the Council Meeting regarding points made previously in Committee. He said at one time Lakewood Hospital was owned and operated by the City and at a certain point a lease was negotiated with Lakewood Hospital Association. He said at that time the City gave certain rights to the property to the Lakewood Hospital Association and that the City retained certain rights. He said the main right that we retained was ownership. He said City Council documents reference how ownership was a negotiated term and that legal counsel back then had different options. He said the options included an outright sale or a process where the City would keep the Hospital in the name of the people of the City of Lakewood. He said the lease indicates the property itself returning to the City of Lakewood at the conclusion of the lease term. He said there were lengthy legal discussions at the Committee of the Whole that night, and Counsel from Baker and Hostetler for the Cleveland Clinic/Lakewood Hospital Association were there. He said he asked them if there was one section of this lease which directly stated that title/ownership to the property was going to transfer under any circumstances to the Lakewood Hospital Association or the Cleveland Clinic. He said there was no such section and that this fact would never change because it could not be found anywhere in the Agreement.
Councilmember FitzGerald continued stating the intent of the lease is referenced in the purpose of the lease on the first page. He said it states that one of the purposes of the lease is to free the City from the burden of subsidizing operations of the Hospital. He said that selling a piece of the City’s property to subsidize the operations of the Hospital for even well meaning and very worthy improvements to the Hospital is directly against the intention of the lease. He said the important part of the lease was in Section 6. He indicated that it said the property is to be maintained in good operating condition by lessee; those leasing the property. He said at the last Council Meeting the Hospital indicated that one of the reasons that it was being sold for under its appraisal was because it needed a lot of repair work . He said this violated the lease and was not a legitimate reason to sell this property off below market rate. He said the lease also states that any remodeling, improvements or additions are to be paid for by the lessee, not by the lessor . He said at the Committee Meeting there was no discussion about other properties owned by the Cleveland Clinic and/or the Lakewood Hospital Association which he said were not up for sale to finance improvements. He said the one that they decided to put up for sale to finance improvements happened to be one the City has title to and said this was not a coincidence.
Councilmember FitzGerald further stated that in Section 6.2 of the Lease it indicated that if the Hospital wants to remove any parcel from the lease, it can. He said the Lease also states that at the conclusion of the lease all properties go back to the City.
Councilmember FitzGerald said an argument was made that somehow the property was always the Hospital’s and said that goes against what the Lease says because if that were true the property would go back to the Hospital Association at the conclusion of the Lease agreement. He said the City bought it with City funds even though it was coming out of the Hospital Operation Fund at the time because at that time the Hospital and the City were identical parties.
Councilmember FitzGerald said this body should not negotiate away what it has previously negotiated. He said in 1996 negotiations the City gave up things and the City got things. He said one of the things that was not given up was the property itself. He said the Hospital Association got to use the property; the City got a payment and the City retained ownership. He said this is why Section 14.6 of the Lease indicates that if the Lease is ever amended it has to come back to City Council for a two thirds vote.
Councilmember FitzGerald said there were many complexities to the proposed land deal. He said much could be said about the way the property was put on the market, whether it really was on the market or how it was appraised. He said the fundamental issue however was who had title, ownership and rights to the property which he said belonged to the City of Lakewood. He said that a delay in this situation would only harm the Hospital because even if City Council for some reason agreed with the sale, no Court would uphold it under the terms that were contemplated by the Clinic’s lawyer.
Councilmember FitzGerald said the legal position from the Hospital was that the 100 page Lease Agreement somehow cedes all the property rights to the Lessee. He said the Hospital was somehow saying the land could be negotiated away without a single word to this type of transaction in the lease , without a single communication from City Council that said it was giving up title or ownership to this land, without having that stated in the ballot initiative that passed by Lakewood voters and without voters understanding that when they voted for the original agreement that they were going to be giving up ownership or rights to the proceeds of the property.
Councilmember FitzGerald said that this should come to a quick conclusion because a delay would be giving the Hospital false hope that somehow they were going to get this property and the proceeds from this property by somehow selling it.
He said the argument advanced in favor of this was that Hospital money was used originally to purchase the property on behalf of the Hospital. He said the ordinance is clear that the City, not the Hospital Association purchased the property from the owner at that time. He said there is no other information that will come out to dispute that fact. He said if Mr. Swift from Baker and Hostetler would have been able to cite a case or one word in the Agreement that addressed giving up the City’s property rights than he said he would be willing to hear the argument. He said that wasn’t done and that there was only an inference made from sections that address the issue of how property is to be ultimately returned to the City of Lakewood.
Councilmember FitzGerald said he understood there were some residents who could talk about the fact that the building has not been maintained in the condition that it is required to be under the Lease but said the real issue was who owns it. He said Council had to be stewards of public resources and that this was a serious responsibility. He said he wanted to urge his colleagues to vote no and get the situation over with so that the Hospital can look at other options to expand and improve health care at Lakewood Hospital.
Councilmember Dunn said that long term and short-term objectives in terms of serving the residents of the City had to be considered. He said Lakewood Hospital, owned by the Cleveland Clinic was the most important stakeholder in the community. He said it was the City’s largest employer, that it generated a lot of tax revenue, and was vital to the future of the community. He said it also provides health and wellness for residents. He said that the Clinic has been a good partner to the City and that Hospital representatives are actively involved in civic organizations. He said it was vital that the City and Hospital maintain healthy partnership.
Councilmember Dunn continued stating that the Hospital has come forward with a proposal to allocate resources into the Hospital to provide a better level of care to the residents of the community. He said Council had their interpretation and that the Hospital had what they consider to be in the best interest of the community. He said he wanted to make sure that there was a move forward. He said Council has the responsibility to come to some kind of equitable resolution; not to vote it down and just have it end there. He said he would ask that the leadership, the attorneys for the Cleveland Clinic representing Lakewood Hospital schedule an appointment with the legal department of the City to see if an alternative could be provided. He said there could be an amendment to the current contract to make sure that the City’s interests were represented. He said if there is a sale there would have to be assurances that it’s equitable and that it ensured the long-term viability of the Hospital. He said that between now and the next Committee Meeting conversations should take place to present alternatives for Council’s consideration. He said it would be premature and not in the long-term interest of the community to send this proposal down to defeat right now.
Councilmember Seelie said that the issue was too important to end negotiation, public comment and dialogue at this time.
Councilmember FitzGerald said discussion did not have to end with that property. He said the proposal put forward was selling City property and having the Hospital keep the proceeds for it. He said even if the belief the proposal guarded taxpayer’s resources was valid it still could not be contemplated legally. He said if the Hospital had other suggestions of what they want to do with that parcel he would be interested in hearing them. He said he did not want to have words put in his mouth as far as stopping dialogue and said that he was well aware of the Hospital’s importance, and their role in the community. He said his point was that this proposal doesn’t withstand the barest level of scrutiny. He said there would be a lawsuit filed and it would look like Council did it because of a result of a lawsuit. He referenced Mr. Dunn’s comments and said that he was for having dialogue after this was defeated. He said he would sit down with Mr. DeGrandis or anybody from the Board of Trustees and have any kind of conversation they want about how to use this property or the other properties the City of Lakewood still has title to. He said it did not reflect his position to say that this would be the end of the discussion.
A resident commented that he worked at the building for thirteen years and said it had not been maintained the way a medical building should be maintained. He said there were problems with air conditioning, heating and the elevator. He said he didn’t’ think putting $250,000 into the property was feasible. He said the arrangement sounded like someone going out and finding an owner who agreed with that figure and selling it to them. He said he would agree that Lakewood Hospital, especially with its Emergency Room, had made great changes but that he did not think the sale would make or break the Hospital. He said the Catheterization lab. and the reorganization was estimated at $2.9 million and asked what the $900,000 would do. He said the Hospital had other assets. He asked if this would also give the Hospital the right to sell other properties including Lakewood Hospital. He asked why this was the only piece of property the Hospital wanted to sell.
A Hilliard Road resident said that North Point Management was also North Point Realty Company and that this was a conflict of interest. She said there had not been public notice of the building being up for sale, that if the realty company could only come up with one buyer that they didn’t do a very good job. She said it was unfair to the other offices renting there that the building was not maintained indicating tenants were losing business.
Dr. Gayle Galan said Lakewood Hospital has been part of the process of improving cardiac services in the community. She said cardio-vascular disease is the number one killer in adults. She said minutes count for patients who are having heart attacks which she said is now called acute coronary syndrome. She said in terms of taking people to a cardiac catheterization lab. it was essential to upgrade the technology. She said the City is benefiting from services that are provided to the entire West Side. She said patients will go elsewhere if the Cardiac Cath. Lab. is not upgraded.
Councilmember Seelie said that should Council proceed on this or not doesn’t necessarily mean the end of the expansion of the cardiac care. He said the Hospital is required to do that upgrade. Dr. Galan responded that although the Hospital may be required to upgrade technology, that it needed to have the resources.
Councilmember FitzGerald said that following the reasoning of Dr. Galan, it would mean that any demand the Cleveland Clinic made could not be denied. He said the Clinic was a well funded institution and understood they were presently undergoing a three hundred million dollar expansion. He said the argument being made was that the Clinic was coming to the City indicating it needed the City’s $900,000, and that it would be irresponsible of Council to deny that if it really cared about patients. He said Council has to make sure it does its due diligence to make sure it’s a reasonable request. He said he stipulated at the Committee meeting and wanted to again state that the project is a great improvement in care. He said a similar analysis was made during discussions on the expansion of the emergency room. The said the Cleveland Clinic came before Council and wanted approval for taking some homes that the City had title to and combining them with the existing property. He said that decision was based on the importance of the improvement in care and also that it didn’t diminish the asset in any way. He said that land is still titled in the City of Lakewood’s name. He said this was a different circumstance. He indicated that what is being said is that the Cleveland Clinic which he said is a billion dollar entity needs the City’s $900,000 to have this advancement in cardiac catheterization. He said that what Council is saying is that we also have a separate and equal responsibility to the taxpayers as well. He said it wasn’t right to say that anybody that’s not for the proposal doesn’t really understand it’s about patient care. He said Council does understand but that it also has to make sure the proper people are paying the bill.
Councilmember FitzGerald continued by referencing a comment by Mr. Seelie that under the terms of the Lease, the Clinic is required to provide the same level of care as they did at the outset of the Lease. He asked if the argument was that if Council doesn’t approve the $900,000 transfer to the Clinic that the Clinic is going to be cutting back on cardiac services. He said if that were the case it was his understanding that was violating the terms of the Lease
Dr. Marcello Mellino, indicated he was a resident and the Chief of Cardiology at Lakewood Hospital. He said Dr. Galan expressed their point. He said Physicians had an interest in seeing this going forward primarily in protecting patient care. He said he understood Mr. FitzGerald’s point. He said they have been doing heart work and fairly advanced cardiovascular work for many years at Lakewood Hospital. He said heart surgery at Lakewood Hospital has been going one for more than twenty years. He said cardio-catheterization services are very important for modern cardiologist services; seeing that technology was advancing rapidly. He said cardiovascular services as far as a cardio-catheterization laboratory at Lakewood are probably the least advanced and most outdated on the west side. He said that in spite of all this they were still providing first quality care to patients.
He continued stating that if things do not get updated to a point where it becomes valid access to medical care for patients then hospitals lose services and that would spin off into all sorts of other areas that would potentially be hurt. He said that it is critical that all these go forward and get done the way they should be done. He said he would not get into the merits of whether the building should be sold or not but wanted to make sure that the public is made aware of how important all this is for health care.
Councilmember FitzGerald said he thought it was very important to go back and see why the City of Lakewood contracted with Lakewood Hospital Association and the Cleveland Clinic in the first place. He said the most powerful argument made for affiliating with the Cleveland Clinic originally was that they have the resources to continue the level of care, improve the level of care and make the investments in the facility and the City didn’t. He said the City didn’t want to have to subsidize it. He said the fact that the City didn’t want to be in the position of subsidizing the Hospital anymore was stated in the intent of the Lease. He said that the City was setting up an operation to affiliate with the Cleveland Clinic because the Clinic had the resources to make the investments both physicians have talked about that are so important for patient care. He said the Clinic had the resources and that’s why there was a desire to affiliate with them. He said that now this is turned upside down because the Clinic is coming to the City saying, if you don’t let us sell off one of your assets, I’m not sure we’ll be able to have that improvement and care. He asked what was wrong with that picture.
Councilmember Madigan said there was a legal opinion from Baker and Hostetler and asked if Council could get an outside legal opinion. . She said she didn’t think it was anyone’s intention to tie cardiac care to the sale of the building. She said that everyone obviously cared about health care in Lakewood. She said many have had parents or neighbors who have already received cardiac care from Lakewood Hospital and she knew of many who have had a number of heart catheterizations there that went well. She said it would be important to have Council’s own legal opinion on this that goes over the ownership as outlined by Mr. FitzGerald and to see if a precedent was being established by selling the building.
Fred DeGrandis from Lakewood Hospital said that the proposal was clear and was tied to the cardiac program. He said the Hospital wanted to demonstrate to Council exactly where assets from the sale would go. He said the Hospital has appropriately come to Council for the authority to sell the property and use the proceeds in the manner which they have suggested. He said the Hospital Board, management believe that that is in the best interest of health care for multiple reasons that were stated.
Mr. DeGrandis said should the Hospital Association continue ownership of the building it would continue using its resources to maintain and improve an aging building. He said they were fortunate that they had someone interested in wanting to purchase the building and use it for their specific core business purpose. He said the medical building business was not their core business purpose and that health care was. He said they came to Council with simple requests; that the Board determine that the property was not essential pursuant to the terms of the lease and that they be authorized to transfer the property using the proceeds for the specific purpose of a cardiac program.
Mr. DeGrandis continued that those were the reasons they came to Council and that they would as Councilman Dunn asked, be willing to engage in dialogue and discussions as they have over the years – to find the solution that is in the community’s best interest. He said it could be exactly the one proposed or some other that the collective wisdom of all formed. He said that this was how Lakewood Hospital and the community have always worked and that they did not want this back and forth, turbulent discussion. He said the Hospital and Lakewood were one community, that Lakewood Hospital was one with the City and it’s good standing, good name and great service is because of that relationship. He said the Hospital stands ready to continue to talk to City Council to meet the needs of the community and to meet the health care needs of Lakewood Hospital.
Councilmember Demro stated the building was in his ward. He said if he would have to make the decision right now he would be against the sale. He said Councilmember FitzGerald made an incredible argument about the legality of the sale and the attorney for Baker and Hostetler made a meager argument for it. He asked Mr. DeGrandis what the difference was between the previous sale of homes on Belle Avenue and the current sale. He said it was his assumption as was mentioned earlier that City Council had to approve that and would like to know how that’s different from this situation.
Mr. DeGrandis responded that he didn’t know the difference and that he wasn’t part of the sale of homes in that it was part of the emergency room project. He said he believed the homes were titled in the name of the City because they were purchased prior to the time the Association was formed but that he really didn’t know anything further.
Mr. DeGrandis continued stating that he wanted to emphasize the fact that the proposal in front of Council was asking for the authority to sell. He said they were not asking for a battle of legal opinions. He said they were asking Council like they asked their Board what was in the best interest of the community, what’s in the best interest of the use of the assets of the Hospital Association to advance community health care. He said that he wanted to echo what the Council President and Councilman Dunn stated that they work together and find solutions. He said in working together in the past resulted in what he considered an excellent document; the Lease Agreement. He said the Agreement was underlying all the discussions and that his hope and sense was that by engaging in some of that process again there could be some common ground with always putting the interest of the community first.
Councilmember Demro said he wasn’t opposed to continuing the discussion . He said Council’s essential job was to make law, to decide on law. He said it is a legal argument and that he had an obligation as someone who doesn’t work in the legal profession to seek clarity. He said he did not want to end the discussion but needed more information.
Mr. DeGrandis said the lawyers have won then because that’s where they wanted to put you. He said he understood the issue in front of Council and respected it. He said he respected the disagreement that they had at the moment with Mr. FitzGerald. He said Mr. FitzGerald is elected to represent the interest of the people he represents in his own heart and mind and that’s why they were there. He said he didn’t think in the long run talking about lawsuits was in everybody’s best interest and was in fact contrary to it because it begs someone to challenge Council’s right to make the decision. He said Council can pass an ordinance even if the Lease did not permit a transfer like this should it want to. He said he thought this was part of the back and forth and not part of the dialogue of building what’s necessary to build between the Hospital and the City.
Councilmember Dunn said Mr. DeGrandis articulated it well three times in the dialogue with various councilmembers. He said if the objective is a win/win situation that it will benefit Lakewood Hospital and it will benefit the City of Lakewood. He said Councilmember FitzGerald did a fine job but that Council was not sitting up there as judges, that they were there as legislators and the objective was to do what’s right for the community. He said that the president of Lakewood Hospital – Cleveland Clinic of this region was willing to work on accommodations with the City. He said to let them engage the City’s Law Department, come up with some alternatives and find a win-win situation. He said if it works for the Hospital and it’s equitable for the residents of this community Council should move forward. He said there was no need to continue spilling blood on this discussion.
Councilmember FitzGerald said to Mr. DeGrandis that he appeared to be relatively unscathed and didn’t need any medical attention in reference to Mr. Dunn’s comment about spilling blood. He asked if he understood Mr. DeGrandis correctly that the determination of whether this property should be sold should be made by Lakewood City Council.
Mr. DeGrandis responded that there was obviously a disagreement. He said their counsel has given them an opinion and that Councilmember FitzGerald, a councilmember, a lawyer, has given another opinion. He said they can debate those opinions all day long. He said they didn’t come to ask Council to do what they didn’t think was the right thing to do. He said they came to Council asking it to do what they believed was the right thing to do on a basis there’s a disagreement on. He said then it’s at this point they either stand there and disagree and continue to disagree or decide to engage in dialogue to move the issue forward. He said that’s what he was suggesting.
Councilmember FitzGerald said he was trying to figure out if it was Mr. DeGrandis’s position that it’s Council’s decision to make.
Mr. DeGrandis said they wouldn’t have a resolution in front of Council if they didn’t think it was Council’s decision to make. He said they certainly respected the process of this government and have come forward with an ordinance requesting Council make the decision.
Councilmember FitzGerald said he understood the point Councilman Dunn was making but didn’t think it’s been divisive and didn’t think blood had been shed. He said he was advocating for the people he represents. He said everybody there wants a better City. He said the arguments being made weren’t being made by Mr. Dunn or anybody else. He said that as far as moving the dialogue further that Mr. DeGrandis’s statement stating that the City had to make a determination was progress. He said the Hospital’s legal opinion in front of Council stated in its last paragraph“…the determination of whether real property should be sold must be made by Lakewood Hospital not the City”.
Mr. DeGrandis said he was going to remove this from a legal debate and that Mr. FitzGerald continued to bring it back there.
Council President Seelie said the legal debate did not have to happen that night.
Dr. Patrick Carey, said he’s been a practicing physician in Lakewood since 1991. He said Lakewood Hospital is not a good landlord and that compelling them to continue to operate a commercial property which is 2/3 office, 1/3 bowling alley and combination smoking and billiard parlor is ill-advised. He said he would ask Council to strongly consider taking what he stated was an albatross from around the neck the Hospital Administration.
Councilmember FitzGerald responded to Dr. Carey that this is why when the lease was negotiated crafted as other leases that have one main facility and other ancillary facilities. He said in the 1980s when the building was purchased Lakewood Hospital Association believed that they needed the building because they thought it was going to help them attract physicians at the Hospital because they could offer them medical space that was nearby. He said they were careful that when they negotiated the lease with the City they had the right at any point in time they decided they didn’t want the properties to have them dropped from the lease. He said this was standard, boiler-plate language in real estate leases.
Mr. FitzGerald continued stating he didn’t care whether Cleveland Clinic was a landlord or whether somebody else was the landlord. He said if they want to focus on Lakewood Hospital that that possibility was anticipated and considered in the lease. He said the question is where does the money go once they decide they don’t want to be a landlord for these peripheral properties and they sell the property off. He asked if it goes to the City who has the title to it and who negotiated for it or does it somehow go to the Clinic. He said that’s what the discussion is about. He said he had no desire to compel them to be a landlord.
Dr. Carey said he realized that possession was something like 90% of the law and that he didn’t know any of the law but did know common sense. He said if his sixteen year old daughter couldn’t buy a car but had the money to do so legally, gave him the money, and bought her the car , if she turns 25 and wants to sell the car, asked him permission to do so he would grant her the permission to do so. He said it seems pretty straightforward that the Hospital provided the money to purchase and that the City’s been holding the property for the Hospital. He said now the Hospital wants to sell it. He said the reason for purchasing the property was to stabilize the occupancy of the building at a time when there were several doctors nearing retirement who were still in practice there. He said those doctors have gone on and retired. He said the compelling reason for owning that property no longer exists.
Councilmember FitzGerald said he agreed with everything Dr. Carey said except the analogy. He said the City and the Hospital did not have a father/daughter relationship. He said there was plenty of written record of what the City intended at the time and what the Hospital intended at the time. He said the City had the option to sell these properties or to give these properties to the Clinic or the Hospital Association. He said that at the conclusion of the lease, all these properties will come back to the City and that this aspect was a negotiated term back then.
Dr. Carey said he would urge Council to take the distraction from out in front of the Administration of the Hospital and let them get back to what they’re supposed to be doing.
Councilmember Dunn said he’s credited Mr. FitzGerald a couple times already this evening that he has done due diligence and there is a legal basis for the City to be uncomfortable with the current proposal. He said however, honest people of good will do disagree. He said they have a different interpretation but that there’s a win/win situation in the works. He said they were going to meet but that going back and forth arguing analogies, trying to make judgments is not a constructive use at this point. He asked that Council allow the Administration and the representatives from the Hospital to come up with alternatives ensure the Hospital remains viable in the City of Lakewood.
Mayor George said he wanted to be clear about a point that was raised several times. He said Lakewood Hospital operates as an enterprise fund so the term, “city funds” is better termed “restricted city fund”. He said the proceeds of the sale of the building would go to the Clinic. He said if in fact the City retains ownership and 30 years from now decides to sell it, the proceeds don’t go to the City as such, they go to the city enterprise fund for a Lakewood Hospital. He said this means they couldn’t be used to fund police officers, or street repairs or any other funds as all of enterprise funds have restricted use. He said in that sense, the failure to sell just means that the City Enterprise Fund has the Medical Building. He said the question is what does Council want to do with it. He said there was a recommendation from the Hospital Association and the Clinic to sell that restricted use asset for use in another area of the City of Lakewood Hospital.
Councilmember Seelie put forward the possibility of office space for Youth and Aging as a consideration.
A citizen asked if the area couldn’t be used for development.
Councilmember Seelie said a solution would be worked out to be beneficial to everyone. He said he would like to defer the item and have another Committee of the Whole Meeting next week.
The motion on the floor is to defer
Yeas: Six members voting yea.
Mr. FitzGerald voting nay.
Motion passes.
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16. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/17/04)(Pg. 28)
Motion by Mr. Corrigan, seconded by Mr. Seelie, to place Ordinance No. 17-04 on Second Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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17. 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 2/17/04)(Pg. 29)
Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 18-04 on 2nd Reading and refer it back to the Public Works Committee.
Motion adopted. All members voting yea.
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18. 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 2/17/04)(Pg. 30)
Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 19-04 on 2nd Reading and refer it back to the Public Works Committee.
Motion adopted. All members voting yea.
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19. 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 2/17/04)(Pg. 32)
Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 20-04 on 2nd Reading and refer it back to the Public Works Committee.
Motion adopted. All members voting yea.
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20. 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. (PLACED ON 1ST READING & REFERED TO THE PUBLIC WORKS COMMITTEE 2/17/04)(Pg. 34)
Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 21-04 on 2nd Reading and refer it back to the Public Works Committee.
Motion adopted. All members voting yea.
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21. 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 2/17/04)(Pg. 37)
Motion by Mr. Dever, seconded by Mr. Demro to place Ordinance No. 22-04 on 2nd Reading and refer it back to the Public Works Committee.
Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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22. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/17/04)(Pg. 39)
Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 23-04 on 2nd Reading and refer it back to the Finance Committee.
Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
****NEW BUSINESS****
23. Communication from Councilmember Dever regarding seeking Federal and State Funding in anticipation of Ohio Department of Transportation Schedule to Repave Clifton Boulevard to include Historical and Aesthetic preservation of Clifton Boulevard. (Pg. 40)
Motion by Mr. Dever, seconded by Mr. Seelie, to receive, file and refer this communication to the Public Works Committee.
Motion adopted. All members voting yea.
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24. ORDINANCE NO. 24-04 – 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. 41)
Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 24-04 on 1st Reading and refer it to the Public Works Committee.
Motion adopted. All members voting yea.
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Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file this communication.
Motion adopted. All members voting yea.
….
25. Communication from Mayor George regarding Appointment of Law Director. (Pg. 43)
Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file this communication.
Motion adopted. All members voting yea.
….
26. RESOLUTION NO. 7875-04 – AN EMERGENCY RESOLUTION approving the appointment of Brian T. Corrigan to the position of Director of Law effective March 15, 2004 and upon his taking the oath of office. (Pg. 44)
Motion by Mr. Corrigan, seconded by Mr. Demro, to suspend the rules requiring this Resolution be read on three separate days and placing Resolution No. 7875-04 on final reading.
Yeas: Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Mr. Corrigan abstains.
Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Resolution
No. 7875-04
Yeas: Demro, Dever, Dunn, FitzGerald, Madigan Seelie
Nays: None
Mr. Corrigan abstains.
….
27. Communication from Mayor George regarding Appointments to Citizens Advisory Committee. (Pg. 45)
Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file this communication.
Motion adopted. All members voting yea.
….
28. Communication from Mayor George regarding National Lutheran Schools Week. (Pg. 46)
Motion by Mr. Corrigan, seconded by Mr. Demro, to receive and file the communication.
Motion adopted. All members voting yea.
….
29. RESOLUTION NO. 7876-04 – A RESOLUTION declaring the week of March 7-13, 2004 as National Lutheran Schools Week in the City of Lakewood. (Pg. 47)
Motion by Mr. Corrigan, seconded by Mr. Demro, to suspend the rules requiring this Resolution be read on three separate days and placing Resolution No. 7876-04 on final reading.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays; None
Rules suspended.
Motion by Mr. Corrigan, seconded by Mr. Seelie to adopt Resolution No. 7876-04.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays; None
Resolution No. 7876-04 adopted.
….
30. Communication from Acting Public Works Director Beno regarding Systematic Replacement of Traffic Signals. (Pg. 48)
Motion by Mr. Dever, seconded by Mr. Demro, to receive, file
and refer this communication to the Public Works Committee.
Motion adopted. All members voting yea.
….
31. RESOLUTION NO. 7877-04 – AN EMERGENCY RESOLUTION authorizing the Director of Public Works to file an application with the Northeast Ohio Area wide Coordinating Agency (NOACA) for funds for the systematic replacement of traffic signals located on Clifton Boulevard, West Clifton Boulevard, Detroit Avenue, Madison Avenue, Franklin Boulevard, Hilliard Road and Lake Avenue within the City of Lakewood and to commit to a 20% match of funds awarded. (Pg. 49)
Motion by Mr. Seelie, seconded by Mr. Dever, to place Resolution No. 7877-04 on 1st Reading and refer it to the Public Works Committee.
Motion adopted. All members voting yea.
….
32. Communication from Human Services Director Buckon regarding Help to Others (H20) Summer Camp Fees. (Pg. 50)
Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file this communication.
Motion adopted. All members voting yea.
….
33. ORDINANCE NO. 25-04 – AN ORDINANCE establishing rates for each two-week session of the Help 2 Others (H20) Summer Camp, a program of the Lakewood Department of Human Services/Division of Youth, effective June 1, 2004. (Pg. 51)
Motion by Mr. Demro, seconded by Mr. Seelie, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 25-04 on final reading.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Rules suspended.
Motion by Mr. Seelie, seconded by Mr. Demro to adopt Ordinance No. 25-04.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Rules suspended.
….
34. Communication from Finance Director Nogalo regarding “Pick-Up” Contributions to the Ohio Police & Fire Pension Fund. (Pg. 52)
Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file this communication.
Motion adopted. All members voting yea.
….
35. RESOLUTION NO. 7878-04 – AN EMERGENCY RESOLUTION amending the pick-up of contributions by the employees who are members of the Ohio Police and Fire Pension Fund, through payroll reduction, and declaring an emergency. (Pg. 53)
Motion by Mr. Seelie, seconded by Mr. Corrigan to suspend the rules requiring this resolution be read on three separate days and placing Resolution No. 7878-04 on final reading.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie,
Nays: None
Rules suspended.
Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 7878-04
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie,
Nays: None
Motion adopted. Resolution No. 7878-04 adopted.
….
36. RESOLUTION NO. 7879-04 – AN EMERGENCY RESOLUTION amending the pick-up of contributions by the employees who are members of the Ohio Police and Fire Pension Fund, through payroll reduction, and declaring an emergency. (Pg. 55)
Motion by Mr. Seelie, seconded by Mr. Demro to suspend the rules requiring this resolution be read on three separate days and placing Resolution No. 7879-04 on final reading.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie,
Nays: None
Rules suspended.
Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7879-04
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie,
Nays: None
Motion adopted. Resolution No. 7879-04 adopted.
….
37. Communication from Finance Director Nogalo regarding Purchasing and Contracting Ordinance FY2004. (Pg. 57)
Motion by Mr. Seelie, seconded by Mr. Dever, to receive, file and refer this communication to the Finance Committee.
Motion adopted. All members voting yea.
….
38. ORDINANCE NO. 26-04 – 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, and to advertise for bids and enter into contracts for the purchase of repair maintenance and operating supplies, services and equipment as authorized by the 2004 Appropriation Ordinance and the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law. (Pg. 58)
Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 26-04 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
….
39. Liquor Permit Application for new C1 Class to FLA Forever Inc. d/b/a China Garden, 14867 Detroit Avenue. (Pg. 60)
Motion by Mr. FitzGerald, seconded by Mr. Dunn, to defer action on this liquor permit application.
Motion adopted. All members voting yea.
Meeting adjourned 10:15 P.M.
Approved:____________________________ __________________
CLERK
__________________
PRESIDENT