Regular Meeting of the Lakewood City Council called to order at 7:38 P.M. by President Seelie.
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Present: Councilmembers Ryan Patrick Demro, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Mary Louise Madigan, Robert M. Seelie.
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Also Present: Mayor George, Law Director Corrigan, Finance Director Nogalo, Police Chief Malley, Fire Chief Mroz, Planning & Development Director Pietravoia, Human Services Director Buckon, City Engineer Kilgore, Executive Assistant to the Mayor Novak.

Pledge of Allegiance
Moment of Silence
Roll Call
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Mr. Dunn indicated the Clerk has asked the minutes be deferred, the reason being stated that the complete minutes have not been distributed to all members of Council.

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to defer the minutes of 3/1/04.
Motion adopted. All members voting yea.

****OLD BUSINESS****

1. Committee of the Whole Verbal Report regarding Ward 1 Council Vacancy.

Mr. Seelie submitted the following report:

The Committee of the Whole met on Thursday, this past Thursday, to discuss the vacancy of Councilman Corrigan. On February 22, Councilman Corrigan decided to take the job as Law Director. On or about that date, he contacted every member of Council informing him of that. That also appeared in the Plain Dealer on the 24th, I think and the Sun paper that week or the week after. Now that implies that an individual who is the Law Director can no longer serve as Council therefore there was a Council opening. On March 1st at the next Council Meeting I announced that we said goodbye to Brian and I announced that anyone who had applications to contact the Council Office or send that application in by that Friday and we would have interviews. We received six on March 8th. In the morning Councilman Dever called me that is why they are late this evening and said that they had a number of Committee meetings both Finance and Public Works Committees. And he set up a Public Works Committee for that Thursday, this past Thursday, and thought he could piggy back these interviews with that and I said, well, I will contact the Clerk, which I did and told her to contact all Member of Council and all the applicants and if they could make it we would do that. The Clerk informed me that everyone could make it, however, Denis Dunn was out of town. So I put out a public notice because Denis Dunn is usually out of town during the week, correct, Councilman Dunn? (Mr. Dunn replied, during the week, yes). And there have been occasions throughout the past several months where we did take his schedule into consideration but there will be times where we cannot do that. So we met on March 8, I put out a public notice and we met on March 8th and I think we took about two and a half hours, there are some candidates here. About two and a half hours to interview six candidates. All of them, clearly, were qualified candidates, and they were all outstanding. We narrowed it down to three, we narrowed it down to two and at the end of the evening, there was a recommendation, it was 4 to 1 to appoint Patrick Corrigan. Also at that time, Councilman Brian Corrigan recommended to us that he truly endorsed Patrick Corrigan for that position. Keep in mind, when I announced Monday, the 1st, that we were going to have applications; applications should be submitted by Friday, that we’d have interviews. No one objected to that. The process was treated similarly as it’s been treated the last three times. Fourteen years ago Councilwoman Roth filled Councilman Gallagher’s position. Councilman Gallagher recommended Councilwoman Roth. I believe at that time there was people that you didn’t have 100% unanimity and people said the process was flawed, however Councilwoman Roth was appointed. Five years ago, when Brian Flannery left we had a similar appointment process. Councilman FitzGerald was appointed. People said that it was unfair and the process was flawed and Councilman FitzGerald was appointed. When Michael Skindell won last year or two years ago we used a similar process. People said it was unfair and it was flawed and Councilman Dever was appointed. We never have 100% unanimity and nor should we. And people who don’t get appointed or people who want people to get appointed that don’t get their appointment say the process is flawed. But I think we have a pretty good track record because individuals in the area that we made the appointments whether its been in Ward 4, at large and at large; the voters voted every one of those people in so they must have felt that they were worth it and after all it really is the voters.

Patrick Corrigan, lifelong resident of the City of Lakewood; extraordinary educational credentials, has been active in a number of community programs, he served on several City boards. He is a very good, decent, honest, hard-working individual and he comes highly qualified from a lot of members in this community. And I recommended along with three other Members of Council, so there were four recommendations to appoint Patrick Corrigan to fill the vacancy. Any questions or comments on that scenario or history, or communication.

Discussion was had as to the process. It was agreed to extend the deadline, publish an ad in the paper, send out press releases and post the position on the website.

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to receive and file the verbal report.

Motion adopted. All members voting yea.

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2. RESOLUTION NO. 7880-04 – A RESOLUTION to appoint____________________to the vacancy in the Office of Member of Council, Ward 1. (Oath of Office to be administered) (Pg. 6)

Motion by Ms. Madigan, seconded by Mr. Seelie, to extend the application process for one week.

Mr. Dunn said he would be voting against the motion because he said time was not the issue. He said he thought applications should be due the last Friday of the month, to make use of the City’s website, to send out press releases, and put an ad in the paper. He said the successive Mondays in April could be used for interviews because if Mr. Corrigan would be chosen he would not take office until April 19th anyway.

Request for the Law Director’s Opinion was made and the response was that if the rules were suspended at the next Council Meeting, the candidate could be placed in the seat then, five of the six members of Council would be needed to suspend the rules. A specific date was suggested to better clarify the motion.

Motion by Ms. Madigan, seconded by Mr. Seelie, to amend the motion to have an advertisement, web posting, applications due the end of the business day, Monday, March 22, and interviews will take place beginning Monday, March 29.

Motion by Mr. Demro, seconded by Mr. Dunn, to change the date to the 26th.
Aye: Demro, Dunn
Nay: Dever, FitzGerald, Madigan, Seelie
Motion fails.

On the motion by Ms. Madigan, (to have an advertisement, web posting, applications due end of the business day Monday, March 22, and interviews will take place beginning Monday, March 29).

Yea: Dever, Dunn, FitzGerald, Madigan, Seelie
Nay: Demro
Motion adopted.
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3. Election for the Office of Vice President of Lakewood City Council Term Commencing March 15, 2004.

Motion by Mr. Seelie, seconded by Ms. Madigan, to nominate Councilman FitzGerald to the office of Vice President of Council.

Motion adopted. All members voting yea.
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4. Finance Committee Verbal Report regarding Ordinances 10-04, 17-04, and 23-04.

Mr. Dunn submitted the following report:

Met that evening, discussed increase in Winterhurst Rates. The Last time rates were raised was February 9, 2001. Current price for a resident is $2.50; the proposed increase is $3.00, for a non-resident, currently $4.00 being increased to $4.50. Assurance that increases were consistent with other facilities throughout the area, reasonable and necessary.
Motion by Mr. Dunn, seconded by Mr. Dever, to receive and file the verbal report.

Motion adopted. All members voting yea.
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5. 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, PLACED ON 2ND READING 2/17/04)(Pg. 7)

Motion by Mr. Dunn, seconded by Mr. Dever, to adopt Ordinance No. 10-04.

Motion adopted. All members voting yea.
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Item 5A – (add-on) – Finance Committee Verbal report regarding Ordinance 17-04.

Mr. Dunn submitted the following report:

Finance Committee met that night to discuss a request from the Chief of Police regarding a weapons trade-in for the SWAT Team. The trade-in weapons presently used total 15 and are different makes and models. They’re going to be traded in to make sure the new weapons conform in style and capacity. The estimated trade-in value is $15,000 and in return, the City will receive $15,000 worth of new weapons.

Motion by Mr. Dunn, seconded by Mr. Dever, to receive and file the verbal report.

Motion adopted. All members voting yea.
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6. 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, 2ND READING 3/1/04)(Pg. 9)

Motion by Mr. Dunn, seconded by Mr. Demro, to adopt Ordinance 17-04.

Motion adopted. All members voting yea.
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7. 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), 2ND READING 3/1/04)(Pg. 10)
Motion by Mr. Dunn, seconded by Mr. Seelie, to defer action on this Ordinance.

Motion adopted. All members voting yea.
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8. Public Works Committee Verbal Report regarding Ordinances Nos. 18-04, 19-04, 20-04, 21-04, 22-04, Resolution No. 7873-04, and Resolution No. 7874-04.

Mr. Dever submitted the following report:

Met that evening. 1st item was 18-04, Building & Facilities Improvement – included City Hall Complex Renovation; $175,000. Part of the roof will be replaced. Fire Station renovation; $340,000, to replace part of the roof of Fire Station No. 1. That roof had a life-cycle of only 10-12 years. There was a design issue involved, the new roof will have a 20-30 year life-cycle. Next item is Senior Center West, roof, elevator and cooler, $36,000, repair for each of the items and a new walk-in cooler. Senor Center East – H-Vac, needs updates to it. Winterhurst; $440,000, side roof & interior work needed. Ventilation needs updating for safety reasons.

Ordinance 19-04, Building & Facilities Improvement for Architectural & Engineering, for plans. For City Hall; $50,000 for roof repair, Fire Station; $15,000 cap, Winterhurst renovation, $60,000 cap.

Ordinance 20-04 – Park Improvements, Lakewood Park Improvements, $200,000 for Master Plan for Lakewood Park; primarily paving operations of parking lot. City re-forestation; $50,000 annual amount for re-planting trees throughout the City. Skate Park, $166,000, part of Lakewood Park Improvements, under construction possibly by end of summer. Park & Playground improvements for $150,000, include Niagara Park Playground (completely updated -safety concerns), included also pool repair for Foster Pool.

Ordinance 21-04 – Park Improvements, for Architectural and Engineering design – Lakewood Park Improvement; changes to the master plan, alterations. Council will have a voice in plans when they come forward - $55,000.

Ordinance 22-04 – Infrastructure Improvements for architectural and engineering for the traffic signalization improvements throughout City. Traffic signal structures are in excess of 15-20 years old, lifetime-exceeded; pose safety hazard.

Resolutions 7873 & 7874-04 – Submerged land on Parkside. Two owners 1000 and 1003 Parkside, want to build a retaining wall on the back of their property to control erosion. Building Department is overseeing the project, should any damage happen to roads. The Building Department is issuing permits, and following that construction.

Motion by Mr. Dever, seconded by Mr. Demro, to receive and file the report.
Motion adopted. All members voting yea.
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9. 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, 2nd READING 3/1/04)(Pg. 11)

Motion by Mr. Dever, seconded by Mr. Seelie, to amend to substitute Ordinance No. 18-04, to include Winterhurst renovations.

Yeas: Demro, Dever, FitzGerald, Madigan, Seelie
Nays: None
Mr. Dunn absent for vote.
Ordinance No. 18-04 substituted

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 18-04 as amended.

Yeas: Demro, Dever, FitzGerald, Madigan, Seelie
Nays: None
Mr. Dunn absent for vote.
Ordinance No. 18-04 adopted as substituted.
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10. 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, 2nd READING 3/1/04)(Pg. 12)

Motion by Mr. Dever, seconded by Mr. Demro, to amend to substitute Ordinance No. 19-04 to change Winterhurst renovations from $200,000; $60,000.

Yeas: Demro, Dever, FitzGerald, Madigan, Seelie
Nays: None
Mr. Dunn absent for vote.
Ordinance No. 19-04 substituted.

Motion by Mr. Dever, seconded by Mr. Seelie, to adopt Ordinance No. 19-04 as amended.

Yeas: Demro, Dever, FitzGerald, Madigan, Seelie
Nays: None
Mr. Dunn absent for vote.
Ordinance No. 19-04 adopted as substituted.
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11. 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, 2nd READING 3/1/04)(Pg. 14)

Motion by Mr. Dever, seconded by Mr. Seelie, to adopt Ordinance No. 20-04.

Yeas: Demro, Dever, FitzGerald, Madigan, Seelie
Nays: None
Mr. Dunn absent for vote.
Motion adopted. Ordinance No. 20-04 adopted.
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12. 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, 2ND READING 3/1/04)(Pg. 16)

Motion by Mr. Dever, seconded by Mr. Seelie, to adopt Ordinance No. 21-04.

Yeas: Demro, Dever, Dunn, FitzGerald, Madigan Seelie.
Nays: None
Motion adopted. Ordinance No. 21-04 adopted.
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13. 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, 2ND READING 3/1/04)(Pg. 18)

Motion by Mr. Dever, seconded by Mr. Demro, to adopt Ordinance No. 22-04.

Yeas: Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: one
Motion adopted. Ordinance No. 22-04 adopted.
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14. 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. (REFERRED TO PUBLIC WORKS COMMITTEE 2/17/04)(Pg. 20)

Motion by Mr. Dever, seconded by Mr. Seelie, to suspend the rules requiring this Resolution be read on three separate days and placing Resolution No. 7873-04 on final reading.

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

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7873-04.

Yeas: Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Resolution No. 7873-04 adopted.
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15. 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. (REFERRED TO THE PUBLIC WORKS COMMITTEE 2/17/04)(Pg. 23)

Motion by Mr. Dever, seconded by Mr. Seelie, to suspend the rules requiring this Resolution be read on three separate days and placing Resolution No. 7874-04 on final reading.

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

Motion by Mr. Dever, seconded by Mr. Seelie, to adopt Resolution No. 7874-04.

Yeas: Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Resolution No. 7874-04 adopted.
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16. Liquor Permit Application for new C1 Class to FLA Forever Inc. d/b/a China Garden, 14867 Detroit Avenue. (Deferred 3/1/04)(Pg. 26)

No cause to object was indicated.
Motion by Mr. FitzGerald, seconded by Mr. Demro, to file no objection.
Motion adopted. All members voting yea.
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17. 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 3/1/04)(Pg. 27)

Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 24-04 on 2nd Reading and refer it back to the Public Works Committee.

Motion adopted. All members voting yea.
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18. RESOLUTION NO. 7877-04 – AN EMERGENCY RESOLUTION authorizing the Director of Public Works to file an application with the Northeast Ohio Areawide 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 3/1/04)(Pg. 29)

Motion by Mr. Dever, seconded by Mr. Demro, to place Resolution No. 7877-04 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. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/1/04)(Pg.30)

Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 26-04 on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. All members voting yea.

****NEW BUSINESS****

20. Communication from Councilmember Madigan regarding Procedural Questions regarding Professional Services and Procurement. (Pg. 32)

Councilmember Madigan asked that questions and answers to this item be part of the public record. She said her intention was to request from the Law Department and other appropriate departments written clarification on procedureds; She said she received a written clarification from Law Director Corrigan. She referred to the letter and asked if the Administration had to come back to Council with a specific contract, and asked who monitored the Economic Development contracts. Law Director Corrigan indicated that the procedure for awarding of contracts in this instance is governed by Lakewood Codified Ordinance 111.02, passed in March, 1995. He said that the ordinance stated contracting ordinance, as long as it is specified in a line item in the contracting and goes through readings that that constitutes approval by Council, contracting authority with a not-to-exceed dollar amount. He said Ordinance 77-03, passed December 15, line item 11 specifically stated economic development, pre-development, financial analysis and consulting with a not-to-exceed dollar amount of $50,000. He said it would have to come back to Council only if the contract was let out in excess of $50,000.

In response to who monitors the economic development contracts Mr. Corrigan indicated that any contract over $5,000 for consulting service has to come back for approval from the Board of Control, consisting of the Mayor, Finance Director, Director of Law and the Public Works Director to approve the contract.

Mr. Seelie indicated that when the original ordinance was written addressed the concern that not-to-exceed amount wording was not part of contracting ordinances. He said that the Trust But Verify procedure was implemented to show why, what it was and having a not-to-exceed amount. He said this was to avoid surprises. He said the Not-to-exceed amount procedure has been accomplished but the what and why aspects need to be addressed more.

Mr. Seelie said that at the end of the year Council passed a Temporary Appropriation Ordinance that allows for the continuation of the government and was comprised of one fourth of the Budget. He said at that time a contracting ordinance was also passed for items like rock salt, police cars (to be bid in time for state contracting deadlines) and others. He said those are traditional contracts and the one being discussed didn’t fall into such a category. He said Law Director Corrigan was technically right because Council did pass the item in a contracting ordinance and it was identified. He said if the item was taken from the contracting ordinance and only appropriated the $50,000, then the Administration would have been required to come back to Council. He said next year Council has to review how it could increase its oversight and decrease surprises or misinterpretation with the specific item and other items. He asked that it be referred to the Committee of the Whole. He said for the specific economic development/pre-development financial analysis consulting, City Council gave the Administration contracting authority.

Mayor George indicated that he had raised similar questions and wanted to be clear that he had not changed the process that has been in place. He said the process could be confusing in that it involved many steps and each step could sometimes be perceived as partial approval. He said the Purchasing Manager was present and had a packet for Council to review on the subject and was available for questions. He said the wording in the ordinance that was passed in December had not changed. He said that in 2003, that ordinance had economic development/financial analysis consulting, and in 2002. He said it has been consistent.

Mr. Seelie said that next year, Council should strive to appropriate the money, and do contracting authority as they come.

Clarification was made that when Council appropriated money it did not commit it to a specific appropriation until contracting authority was provided. The question of whether contracting authority could be rescinded. Discussion of whether the contract was let at that time and it had not been.

A legal opinion was requested, as to if Council had the authority to withdraw appropriation and contracting authority before the next Council Meeting. The two parts were concluded, whether it should be done as a proper role of the legislative branch and the other was could it be done.

Motion by Ms. Madigan, seconded by Mr. Dunn, to receive, file and refer the communication to the Committee of the Whole.

Motion adopted. All members voting yea.
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21. Communication from Councilmember Dunn regarding $50,000 Contract to Hire Former Brook Park Mayor Thomas Coyne. (Pg. 35)
Motion by Mr. Dunn, seconded by Mr. Seelie, to receive file and refer the communication to the Committee of the Whole.

Mayor George indicated the contracting ordinance was thoroughly consistent with past practice, that it then becomes a question of Tom Coyne’s qualifications. He said those are subjective, and that at least one member of Council has done some homework and found that former Mayor Coyne has an outstanding reputation in Parma Heights where he is involved in a similar consulting service. He said the Council President in Parma Heights indicates Mayor Coyne is doing an outstanding job in a fifty million plus job as a consultant. He said Mayor Coyne was also former chairman of the Mayors and Managers Association, elected by 57 mayors in Cuyahoga County to be their leader and spokesperson. He said he is unmatched in his knowledge of local zoning issues, economic development package.

Director Pietravoia indicated that during Budget Hearings he suggested that there was a need to add some staffing and assistance in economic development efforts in the current year. He said he indicated they could immediately fill the assistant director’s position, re-classify a current position that has been open as another support staff person to work almost exclusively on economic development and the third part of the strategy was to retain a consultant or consultants that would assist on major projects. He said that this line item has been in place for the past two years and was similar to that of what the Law Department has in the annual ordinance. He said this was part of a deliberate strategy. Mr. Pietravoia said he could elaborate further of the process involved, that he had a draft of the six or eight primary items that were being negotiated on the scope of work for this particular consultant or anyone who would be hired in this capacity.

Councilmember Dunn said that he was still unclear as to the scope of Mr. Coyne’s responsibilities, what anticipated benefit will be received. Mr. Pietravoia responded that what he does for the City will depend on each, individual project the City has him work on. He said if he accepts the contract has it has been structured would be to provide services on an as needed basis, on an hourly basis, for a not-to-exceed period of time to the fifty thousand dollar amount. He said the specific tasks generally were to assist the City in attracting and qualifying developers, to assist the City in determining the feasibility of various proposals, negotiating any items relative to agreements on specific projects, to identify and securing non-City funding sources, review the City’s proposed financial or otherwise participation on a given project. To assist City in negotiation with property owners where applicable on given projects. And to assist City in preparing information materials or providing public presentations on specific projects. The said too, there is a catchall which – states to provide other general, economic development consulting as directed by the Department of Planning and Development.

Mr. Dunn asked what Mr. Coyne’s hourly rate. Mr. Pietravoia responded that this was not yet fully negotiated and asked Mr. Corrigan’s opinion as to whether that would be appropriate to reveal that before the contract was complete. Mr. Corrigan advised against revealing the rate. Mr. Pietravoia said that he would indicated that he reviewed the hourly rate with consultant rates that have been used in the past and that the rates were similar and in some cases substantially lower.

Mr. Dunn said that in the past his understanding was that developers have sought the City of Lakewood that they wanted to do business. He asked if now the City has to reach out and contact developers. Mr. Pietravoia indicated both will happen. He said while the City does have interested developers it had to always be in a position of seeking development interest in the community.

Mr. Pietravoia said he saw the use of the consultant similar to the Law Department’s use of outside counsel. He said Lakewood did not have a huge staff like the City of Cleveland where there was a separate economic development department with 12 or 15 individuals with specialized skills in various areas.

The question of whether the City presently did not have the capacity to meet services associated with economic development. The response was that there was capacity but that the amount of time and energy spent on West End Development stretched that capacity. Examples of Rockport Square and other projects required assistance to be adequately addressed. The suggestion was made to do this on an annual basis rather than hire additional staff.

Clarification as to whether or not Council has authority to determine whether or not the contract goes forward. The Law Director responded that proper procedures were followed, the line item in the appropriations ordinance passed December 15, 2003, that specifically stated consulting services economic development a not-to-exceed dollar amount. He said that Council approved the allocation of a contract in a not-to-exceed dollar amount.

Mr. Dunn asked if it was determined that there was a public expenditure that was not reasonably related to a legitimate government interest that Council had the opportunity to stop it. Mr. Dunn said that he had a responsibility to the several people who have called him to put forward their questions. He said they asked what purpose he would serve, what he would contribute. He said he thought this should be discussed in the Committee.

Discussion was had as to if the contract would be let before the next meeting. The suggestion was made that the Administration had the legal right to let the contract. A commitment from the Administration was provided that the contract would not be let until the legal opinion came in.

Motion to receive, file and refer to the Committee of the Whole.
Motion adopted. All members voting yea.
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22. Communication from Mayor George regarding Spring Severe Weather Safety Awareness Week March 21-March 27, 2004. (Pg. 36)

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

Motion adopted. All members voting yea.
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23. RESOLUTION NO. 7881-04 – A RESOLUTION proclaiming the week of March 21-27, 2004 as Spring Severe Weather Safety Awareness Week and urging participation in safety activities. (Pg. 37)

Motion by Mr. Seelie, seconded by Mr. FitzGerald to suspend the rules requiring this Resolution be read on three separate days and placing Resolution No. 7881-04 on final reading.

Legal opinion request was made as to required readings for resolutions of commendation, honorary or non-binding resolutions.

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

Motion by Mr. Seelie, seconded by Mr. Dmro, to adopt Resolution No. 7881-04.
Yeas: Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Motion adopted. Resolution No. 7881-04 adopted.
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24. Communication from Fire Chief Mroz regarding Countywide All Natural Hazards Mitigation Plan. (Pg. 38)

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

Discussion as to whether the item was time sensitive. It was determined it was not time sensitive but that over half the communities have already approved their resolutions. The discs containing information were provided to each councilmember and information was posted on the website.

Mr. Seelie indicated he would make a motion to suspend the rules.

Motion adopted. All members voting yea.
….

25. RESOLUTION NO. 7882-04 – A RESOLUTION adopting the Countywide All Natural Hazards Mitigation Plan for Cuyahoga County. (Pg. 39)

Motion by Mr. Seelie, seconded by Mr. Dever, to suspend the rules requiring this resolution be read on three separate days and placing Resolution No. 7882-04 on final reading.

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

Motion by Mr. Seelie, seconded by Mr. Demro to adopt Resolution No. 7882-04.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Seelie
Nays: None
Ms. Madigan absent for vote
Motion adopted. Resolution No. 7882-04 adopted.
….

26. Communication from Human Services Director Buckon regarding The City of Lakewood Department of Human Services Memorandum of Agreement to establish the Greater Cleveland Family Support Consortium. (Pg. 40)

Motion by Mr. Seelie, seconded by Ms. Madigan, to receive, file and refer the communication to the Health & Human Services Committee.

Motion adopted. All members voting yea.

….

27. ORDINANCE NO. 27-04 –AN EMERGENCY ORDINANCE authorizing the Mayor, or his designee, on behalf of the city of Lakewood, Department of Human Services to enter into an agreement with the Heights Parent Center and the Shaker Family Center creating The Greater Cleveland Family Support Consortium for the purpose of promoting and coordinating family support initiatives that strengthen families and build communities. (Pg. 41)

Motion by Mr. Seelie, seconded by Ms. Madigan, to place Ordinance No. 27-04 on 1st Reading and refer it to the Health & Human Services Committee.

Motion adopted. All members voting yea.

…

28. Communication from Acting Public Works Director Beno regarding Sewer Rate Increase. (Pg. 43)

(Read by Finance Director per Law Director’s opinion in that only Directors are able to bring an item to the docket).

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

Motion adopted. Six members voting yea.
Mr. FitzGerald absent for vote.

….

29. ORDINANCE NO. 28-04- AN ORDINANCE to amend section 902.04, Rates and Charges, of the Codified Ordinances of the City of Lakewood for the purpose of adjusting sewer rates charged against each lot, parcel of land or premises which may have an active sewer connection with the Municipal wastewater disposal system or which may otherwise discharge wastewater either directly or indirectly into such system or any part thereof. (Pg. 44)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Oridnance No. 28-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. Six members
Mr. FitzGerald absent for vote.
….

30. Communication from Assistant Building Commissioner Fitzgerald regarding Contractors’ Registration Fees, Housing License Fees, and Permit Fees. (Pg. 46)

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.
….

31. ORDINANCE NO. 29-04 – AN ORDINANCE to amend section 1306.44, License Application Form and Fee, of the Codified Ordinances of the City of Lakewood for the purpose of updating housing license fees and paying the cost of periodic inspections. (Pg. 47)
Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 29-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
….

32. ORDINANCE NO. 30-04 – AN ORDINANCE to amend Chapter 1309, Permit Fees, of the Codified Ordinances of the City of Lakewood for the purpose of updating permit fees and paying the cost of permits and inspections. (Pg. 49)

Motion by Mr. Dever, to place Ordinance No. 30-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
….

33. ORDINANCE NO. 31-04 – AN ORDINANCE to amend section 1321.02, Registration by Building Commissioner, of the Codified Ordinances of the City of Lakewood for the purpose of updating registration fees of contractors performing work within the City of Lakewood. (Pg. 57)

Motion by Mr. Dever, to place Ordinance No. 31-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
….

34. ORDINANCE NO. 32-04 – AN ORDINANCE to amend section 1323.03, Time and Fee, of the Codified Ordinances of the City of Lakewood for the purpose of updating registration fees of general contractors performing work within the City of Lakewood. (Pg. 60)

Motion by Mr. Dever, to place Ordinance No. 32-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
….

Meeting adjourned 10:24 P.M.

Approved:____________________________ __________________
CLERK
__________________
PRESIDENT