Regular Meeting of the Lakewood City Council called to order at 7:38 P.M. by President Seelie.
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Present: Councilmembers Patrick S. Corrigan, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Mary Louise Madigan, Robert M. Seelie.
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Council President Seelie indicated Mr. Demro’s absence was due to a death in his family.

Motion by Mr. Seelie, seconded by Mr. Dever, to excuse the absence of Mr. Demro.

Motion adopted. All members present voting yea.
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Motion by Mr. Seelie, seconded by Mr. Dunn, to appoint Mary Coleman Acting Clerk of Council.

Motion adopted. All members voting yea.
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Motion by Mr. Seelie, seconded by Mr. Dever, to approve the Minutes of March 1, 2004 and March 15, 2004. without the necessity of a reading.

Motion adopted. All members voting yea.

Without objection from Council, Items 21, 22, 23 and 24 were moved up on the agenda order and read after item 8 before regular docket order resumed.

****OLD BUSINESS****

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

Council President Seelie submitted the following report:

City Council met again last Monday with six candidates. We had an extension of a week for appointments to Ward 1. After interviewed the six, one was determined not eligible because he wasn’t a registered voter, the final vote this time was Patrick Corrigan; 4 and Susan Jankite, 1. Councilman Dunn was not present. We’ve interviewed 12 people altogether, this is the second time we’ve gone through the interview process. I will repeat again that Patrick Corrigan was the individual recommended by the prior councilperson in that ward, our new Law Director Brian Corrigan. I think he’s a good, honest, decent individual, he has an outstanding educational credentials and experience, certainly a long length of community involvement and comes highly recommended from many members of the community. I then asked for a vote, I asked to suspend the rules, which takes five votes. You have to suspend the rules or have three readings. Councilman Demro voted to suspend the rules and he told me that he did not want to unnecessarily hold up the appointment to the position even though his person was not the one appointed. When we voted it was 5-0 to suspend the rules this evening. Then he was going to vote against Patrick Corrigan because he wanted Susan Jankite which is certainly his prerogative, however, he is not here this evening, we may not have five votes to suspend the rules. We certainly do have four votes to place Patrick Corrigan’s name on first reading. We may have five to suspend the rules, and we will act as quickly as possible to ensure that Patrick Corrigan now gets the appointment and gets to this Council as soon as possible. It is because of circumstances of life this evening, that you don’t let a vacancy go for 60 days. There are times when people can’t make it and you can’t hold up government and the business of Council.

Motion by Mr. Seelie, seconded by Mr. Dever, 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. (DEFERRED 3/15/04)(Oath of Office to be administered) (Pg.9)

Motion by Mr. Seelie, seconded by Mr. Dever, to insert the name, Patrick S. Corrigan.

Motion adopted. All members voting yea.
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3. Committee of the Whole Verbal Report regarding Ordinance 16-04 – Transfer Title to Lakewood Hospital Association Madison Square Building 15644 Madison Avenue.

Mr. Seelie submitted the following report:

The Committee of the Whole met this evening and present were members of Council and members of the Administration and some members from the Hospital. And we met regarding the Lakewood Hospital’s use of the proceeds of the sale of the Madison Square Building. At the February 17, 2004, Committee of the Whole Meeting and the subsequent City Council Meeting, it was understood a meeting with Hospital leaders would be scheduled. The goal of the meeting was to attempt to fashion a mutually beneficial arrangement regarding the Hospital’s use from the proceeds of the sale of the Madison Square Building which would respect the required oversight by the City and the authority of the Hospital Board of Trustees. I am pleased to report on the outcome of this dialogue that demonstrates a continued, positive relationship between the City and the Hospital. This is reflected in the agreement I outlined below which strengthens our long-term partnership with Lakewood Hospital. Discussion centered around Hospital’s use of the proceeds of the sale as the Hospital Board had determined the medical building was no longer essential for the operation of the Hospital. The parties have agreed that the proceeds from the sale of the Hospital Square Building be placed in a restricted account for the purchase of real estate and construction of the new hospital facilities within the City of Lakewood. The Hospital Board of Trustees must approve the use of such funds and a notice must be given to City Council and the Mayor prior to the use of such funds by the Hospital. As part of discussions and to reflect the intent of the parties regarding the future use of the sale of proceeds, examples of proceeds that meet the intent of the parties were reviewed. These projects include the construction of new facilities such as the reconstruction of a parking garage, purchase of adjacent and real estate and new hospital facilities between Marlowe and Belle Avenue fronting on Detroit Avenue. I believe that the manor in which we have fashioned the agreement regarding the sale of Madison Square Building and the use of the sale proceeds reflects the intent of the lease agreement and the use of the proceeds is now specified for like kind assets. We’ve all gained a better understanding and we are excited about the tenants that will be moving in at the Madison Square Building and the purchase and use by this private physician group will continue to provide the needed access for high quality health care in the City of Lakewood. I would like to especially thank Councilman FitzGerald for pointing out an area of concern.

Thanks was given to Mr. Fred DeGrandis, Rick Stelzer, Ray Marvar, and Tom Gable, thanks. Mr. Seelie concluded that the process made the lease better. Mr. Seelie indicated that the motion was made at the Committee meeting that the rules be suspended and that Council adopt the amended ordinance.

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

Mr. Seelie said that the catheterization unit would go forward as planned and Councilmember’s Madigan’s concern regarding the teen center was addressed. He said the teen center lease would continue for five years and perhaps longer. He said that he wanted to emphasize that this was a great partnership between the City and the Hospital and also a piece of community development on Madison Avenue.

Motion adopted. Five members voting yea.
Abstention. Mr. Corrigan
Motion adopted.
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4. 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, DEFERRED 3/1/04)(Pg. 10)

Motion by Mr. Seelie, seconded by Mr. Dever, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 16-04 on final reading.

Yeas: Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Abstention: Corrigan
Rules suspended.

Motion by Mr. Seelie, seconded by Mr. Dever, to amend Ordinance No. 16-04,

Mr. FitzGerald said the amended ordinance will now require the proceeds of the sale of the building to a special fund that could only be used for property acquisitions instead of the money going into any hospital operation. He said that at the end of the lease the money will still either be there with any interest it has gained or it will have to be used by the Hospital to purchase another piece of property or an additional facility which would be more likely to hold its value. He said it could not be used to sell off property that the City has title to, and renovate or repair existing facilities, or add a service. He said those things the Hospital Association and Cleveland Clinic are going to be expected to be done under the existing Lease. He said that the second part of the Ordinance preserves Council’s oversight function by requiring that Council and the Mayor have to be notified every time those funds are used. He said that if three members pose an objection, the process has to stop.

Motion by Mr. Seelie, to amend in the first paragraph to read: and the investment of the proceeds into a restricted account of Lakewood Hospital Association. In the fourth Whereas, to read, …Lakewood Hospital Association would like to sell said property, and place the proceeds into a restricted account of Lakewood Hospital Association. In Section 1, …the proceeds from which shall be placed into a restricted account of Lakewood Hospital Association, and subject to the approval of the Lakewood Hospital Association Board of Trustees shall be used for the purchase of real estate and construction of Hospital facilities in the City of Lakewood; provided, however, that prior to the use of the funds, the Hospital shall have first notified in writing all members of City Council and the Mayor of its intent to use the funds for the purposes set forth in the notice. The Hospital may use such funds on or after sixty (60) calendar days from the date of the notice, so long as there shall not have been received prior thereto a written objection from at least three members of City Council rejecting the Hospital’s proposed use of such funds, consistent with Council’s authority regarding amendments and modifications as set forth in Section 14.6 of the Lease between the City of Lakewood and the Lakewood Hospital Association, dated December 23, 1996.

Yeas: Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Abstention: Corrigan
Motion adopted. Ordinance amended.

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 16-04 as amended.

Yeas: Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Abstention: Corrigan
Motion adopted. Ordinance No. 16-04 adopted as amended.
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5. Committee of the Whole Verbal Report regarding Procedural Questions Regarding Professional Services.

Mr. Seelie provided the following report:

The Committee of the Whole met this evening to review Councilwoman Madigan’s request to look at the way we contract out . The Committee met to discuss the procedural questions regarding professional services and the procurement of such. Ten years ago when I was chairman of the Finance Committee we ran into some situations where we felt it was important to identify clearly what the contract is for, why we are doing it, and have a not to exceed amount. We put together some legislation and passed it and it has been working, it’s a good piece of legislation but it needs to be revisited and Councilwoman Madigan brought it to our attention last week. I worked with the Administration regarding this and we came up with just a few contracts that we thought are examples of where we can even better improve the way we do our contracting services. We have to appropriate money at the end of the year for one quarter of the next year so we can keep operating the City while we have budget hearings and then we pass the final budget. Also at the end of the year we pass what we call a contracting authority ordinance and in that ordinance we give the Administration; the Executive body authority to contract. Most of those contracts are very clear whether it be let’s say rock salt , police cars. Some are a little vague and those are the ones that we’re trying to make sure that there are no surprises, that we’re all on the same page when it comes to those types of situations. The other criteria for doing this, passing the contracting authority ordinance prior to year ending is these are things that have to be done quickly and in the first quarter of the year we haven’t passed the budget yet. That is why we have done that. In working with the Administration I came out with just a few things that we have contracting authority for that we don’t necessarily need or may need to be redefined and further discussed. For instance, we have property and liability contracts - $600,000; that does not have to be renewed until the Fall and Council really needs to be informed and to discuss and I know the Administration will work with us on that. This evening, we voted to take the money out of the contracting authority ordinance but we appropriated the money. For instance, on the $600,000 for our property and liability insurance contracts, we’re taking $600,000 out of the appropriation authority ordinance, we leave the money in an appropriation but the Administration doesn’t have the authority to spend the money and that’s what the contracting ordinance is for.

We will be looking on this throughout the year but most importantly at this, at the end of next year we’re going to try to concentrate as best we can to eliminate any types of surprises, misinterpretations or confusion over any contract that’s let out.

Motion by Mr. Seelie, seconded by Mr. Dunn to receive and file the verbal report.
Motion adopted. All members voting yea.
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6. ORDINANCE NO. 77-03A – AN ORDINANCE amending Ordinance No. 77-03, adopted December 15, 2003, 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, service 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. 10A)

Motion by Mr. Seelie, seconded by Mr. Dunn, to amend Ordinance No. 77-03A by deleting Item #5, Recodfication of Ordinances for $12,000, Item 11, Economic Development/Pre-development Financial Analysis Consulting for $50,000. Under Service Contracts included in the 2004 Budget Item 1, Utility Aggregation for $10,000, number 6, Property and Liability Insurance Contracts for $600,000, Number 30, temporary help for leaf collection for $25,000, and number 38, equipment lease collection project for $15,000.

Motion by Mr. Seelie, seconded by Mr. Dunn, to amend Ordinance
Yeas: Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Abstention: Mr. Corrigan.
Motion adopted. Ordinance No. 77-03A amended.

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to adopt Ordinance No. 77-03A as amended.

Yeas: Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Abstention: Mr. Corrigan.
Motion adopted. Ordinance No. 77-03A adopted amended.
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7. Finance Committee Verbal Report regarding Ordinance 23-04 – Cogeneration Study $50,000, Parking Study, $20,000.

Mr. FitzGerald indicated time did not permit this item to be reviewed in committee and that he would ask that it be deferred.

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to defer action on this item.

Motion adopted. All members voting yea.
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8. 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 3/15/04)(Pg. 11)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to defer action on this item.

Motion adopted. All members voting yea.
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9. Finance Committee Verbal Report regarding Ordinance 26-04 – In-Car Video for Police Vehicles $75,000.

Mr. FitzGerald submitted the following report:

We had a Finance Committee Meeting briefly before the Regular Council Meeting. This has to do with a purchase of ten digital units for Lakewood Police cars. It’s timely as we noted in the Committee meeting because this is something that more and more courts are starting to require, at least strongly encourage. There was an article in the Plain Dealer I think a couple weeks ago about a certain Cuyahoga County judge who was throwing out cases that didn’t have that, although the general rule is that it certainly comes at an appropriate time. We heard from Chief Malley regarding the funding sources for this which basically comes from the various Law Enforcement Fund so it’s not going to require the expenditure of General Fund money for this $75,000 for these ten unites. The Committee voted unanimously to recommend approval of this item.

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

Motion adopted. All members voting yea.
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10. 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, 2nd READING 3/15/04)(Pg. 12)

Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Ordinance No. 26-04.
Motion adopted. All members voting yea.
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11. Public Works Committee Verbal Report regarding Resolution No. 7877-04 – Northeast Ohio Areawide Coordinating Agency (NOACA) – Traffic Signal Replacement.

Mr. Dever submitted the following report:

The Public Works Committee met this evening to discuss the application to NOACA for $7.1 million in funds for a city wide replacement of the traffic signal at 80 intersections throughout the community. This is a five phase replacement that is scheduled to begin this year. Construction will begin this year and this is the application process for that where 20% of it will be committed by the City, which is $1.4 million; once again, this is just to file the application to capture those funds.

Motion by Mr. Dever, seconded by Mr. Seelie, to receive and file the verbal report
Motion adopted. All members voting yea.

Mr. Dever added that there were five phases to the project and that there was a commitment from the Administration that the first phase of the project won’t conflict with the proposed Clifton Boulevard improvements.
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12. 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, 2ND READ 3/15/04)(Pg. 17)

Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Resolution No. 7877-04.
Motion adopted. All members voting yea.
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13. Health & Human Services Verbal Report regarding Greater Cleveland Family Support Consortium.

Mr. FitzGerald, submitted the following report:

The Health & Human Services Committee met this evening and heard a presentation regarding the Greater Cleveland Family Support Consortium by Toni Gelsomino and also Director Buckon and I’m going to turn it over to her to make a few general comments. It was the Committee’s unanimous recommendation that this was a worthy project, it follows our Human Services Department’s tradition of being innovative and also sharing resources and having more of a unified approach with other entities.

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

Motion adopted. All members voting yea.
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14. 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. (PLACED ON 1ST READING & REFERRED TO THE HEALTH & HUMAN SERVICES COMMITTEE 3/15/04)(Pg. 18)

Motion by Mr. Seelie, seconded by Mr. Dever, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 27-04 on final reading.

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

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to adopt Ordinance No. 27-04

Yeas: Corrigan, Dever, FitzGerald, Madigan, Seelie
Nays: None
Mr. Dunn absent for vote
Motion adopted. Ordinance No. 27-04 adopted.
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15. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/15/04)(Pg. 20)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 28-04 on 2nd Reading and refer back to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Dunn absent for vote
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16. 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. (PLACED ON 1ST READING & REFERRED DTO THE FINANCE COMMITTEE 3/15/04)Pg. 22)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 29-04 on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Dunn absent for vote.
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17. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/15/04)(Pg. 25)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 30-04 on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Dunn absent for vote.
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18. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/15/04)(Pg. 33)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 31-04 on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Dunn absent for vote.
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19. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/15/04)(Pg. 36)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 32-04 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 Block Watch Program. (P. 37)

There was discussion on active block watches presently, the possibility of federal money to fund program and remarks supporting the program

Motion by Ms. Madigan, seconded by Mr. FitzGerald, to receive, file and refer the communication to the Public Safety Committee.

Motion adopted. All members voting yea.
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21. Communication from Mayor George regarding Grow Lakewood Committee. (Pg. 38)

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

There was discussion on the methodology anticipated for the Committee which was stated to include input from the Urban School of Cleveland State, strategy maps in public context.

Motion adopted. All members voting yea.
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22. Communication from Mayor George regarding Mayor’s Appointments. (Pg. 40)

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

Motion adopted. All members voting yea.
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23. Communication from Mayor George regarding Appointment of Public Works Director. (Pg. 41)

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

Motion adopted. All members voting yea.
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24. RESOLUTION NO. 7883-04 – AN EMERGENCY RESOLTUION approving the appointment of Anthony Beno to the position of Director of Public Works effective may 1, 2004 and upon his taking the oath of office. (Pg. 42)

Motion by Mr. Seelie, seconded by Mr. Dunn, to suspend the rules requiring this Resolution be read on three separate days and placing Resolution No. 7883-04 on final reading.

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

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7883-04
Yeas: Corrigan, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Resolution No. 7883-04 adopted.
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25. Communication from Mayor George regarding Public Health Week. (Pg. 43)
Motion by Mr. Dever, seconded by Mr. Seelie, to receive and file the communication.

Motion adopted. All members voting yea.
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26. RESOLUTION NO. 7884-04 – A RESOLUTION declaring the week of April 5, 2004 through April 11th as Public Health Week in the City of Lakewood. (Pg. 44)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to adopt Resolution no. 7884-04.
Motion adopted. All members voting yea.
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27. Communication from Police Chief Malley regarding National Police Week. (Pg. 45)

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

Motion adopted. All members voting yea.
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28. RESOLUTION NO. 7885-04 – A RESOLUTION to recognize members of The Lakewood Division of Police and all peace officers during National Police Week 2004. (Pg. 46)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Resolution No. 7885-04.

Motion adopted. All members voting yea.
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29. Communication from Finance Director Nogalo regarding 2004 Administrative Employees Salary Ordinance Amendment. (Pg. 47)

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

Motion adopted. All members voting yea.
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30. ORDINANCE NO. 42-03A – AN EMERGENCY ORDINANCE amending Ordinance No. 42-04, adopted May 19, 2003 for the purpose of creating additional positions and rates of pay for full-time and certain part-time annual salaried employees and hourly rate employees not covered by a collective bargaining agreement in the several departments, divisions and offices of the City of Lakewood. (Pg. 48)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 42-03A on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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31. Communication from Finance Director Nogalo regarding $10,913,300 City of Lakewood, Ohio Various Purpose General Obligation Anticipation Notes. (Pg. 52)

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

Motion adopted. All members voting yea.
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Law Director Corrigan was asked if the Fiscal Officer’s Certificates from Item 32 to 65 could be addressed by one motion and, understanding that the Ordinances would be read separately. Law Director Corrigan concurred.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to receive, file and refer the fiscal officer’s certificate read by the Acting Clerk of Council to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Seelie absent for vote
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32. Fiscal Officer’s Certificate $75,000 Sidewalk Improvement Bond Anticipation Notes, Series 2004. (Pg. 53)*

33. Fiscal Officer’s Certificate for $179,000 Motorized Equipment Bond Anticipation Notes, Series 2004. (Pg. 53)*

34. Fiscal Officer’s Certificate for $457,000 Municipal Buildings Improvement Bond Anticipation Notes, Series 2004. (Pg. 53)*

35. Fiscal Officer’s Certificate for $840,000 Wastewater Treatment Plant Improvement Bond Anticipation Notes, Series 2004. (Pg. 53)*

36. Fiscal Officer’s Certificate for $20,000 Pool Improvement Bond Anticipation Notes, Series 2004. (Pg. 54)*

37. Fiscal Officer’s Certificate for $509,000 Park Improvement Bond Anticipation Notes, Series 2004. (Pg. 54)*

38. Fiscal Officer’s Certificate for $50,000 Tree Planting Bond Anticipation Notes, Series 2004. (Pg. 54)*

39. Fiscal Officer’s Certificate for $166,000 Computer Equipment Bond Anticipation Notes, Series 2004. (Pg. 54)*

40. Fiscal Officer’s Certificate for $480,000 Street Improvement Bond Anticipation Notes, Series 2004. (Pg. 55)*

41. Fiscal Officer’s Certificate for $40,000 Traffic Signalization Bond Anticipation Notes, Series 2004. (Pg. 55)*

42. Fiscal Officer’s Certificate for $55,000 W. Clifton Road & Manor Park Avenue Improvement Bond Anticipation Notes, Series 2004. (Pg. 55)*

43. Fiscal Officer’s Certificate for $312,000 Hilliard Road & Franklin Boulevard Improvement Bond Anticipation Notes, Series 2004. (Pg. 55)*

44. Fiscal Officer’s Certificate for $80,000 W. Clifton Boulevard Improvement Bond Anticipation Notes, Series 2004. (Pg. 56)*

45. Fiscal Officer’s Certificate for $180,000 Bunts Road Improvement Bond Anticipation Notes, Series 2004. (Pg. 56)*

46. Fiscal Officer’s Certificate for $212,000 Lakewood Heights Boulevard Improvement Bond Anticipation Notes, Series 2004. (Pg. 56)*

47. Fiscal Officer’s Certificate for $380,000 Lakewood Park Improvement General Obligation Bond Anticipation Notes, Series 2004. (Pg. 56)*

48. ORDINANCE NO. 33-04 – AN EMERGENCY ORDNIANCE to provide for the issuance of $4,035,000 Various Purpose General Obligation Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for various purposes. (Pg. 57)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 33-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Seelie absent for vote.
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49. Fiscal Officer’s Certificate for $80,000 Sidewalk Improvement Bond Anticipation Notes, Series 2004. (Pg. 59)*

50. ORDINANCE NO. 34-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $80,000 Sidewalk Improvement Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving certain streets designated by Council by reconstructing sidewalks and drive aprons as necessary. (Pg. 60)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 34-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Seelie absent for vote.
….

51. Fiscal Officer’s Certificate for $500,000 Street Improvement Bond Anticipation Notes, Series 2004. (Pg. 62)*

52. ORDINANCE NO. 35-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $500,000 Street Improvement Bond Anticipation Notes, Series 2004, of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving certain streets designated by Council by resurfacing with deep grind and overlay and reconstructing curbs as necessary. (Pg. 63)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 35-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Seelie absent for vote.
….

53. Fiscal Officer’s Certificate for $200,000 Sloane Avenue Improvement Bond Anticipations Notes, Series 2004. (Pg. 65)*

54. ORDINANCE NO. 36-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $200,000 Sloane Avenue Improvement Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Sloane Avenue by replacement of the base and replacement of curbs, aprons and sidewalks as required, together with all necessary appurtenances thereto. (Pg. 66)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 36-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Seelie absent for vote.
….

55. Fiscal Officer’s Certificate for $313,000 Traffic Signalization and Streetscape Bond Anticipation Notes, Series 2004. (Pg. 68)*

56. ORIDNANCE NO. 37-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $313,000 Traffic Signalization and Streetscape Bond Anticipation Notes, Series 2004 of the /City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets by improving traffic signalization, streetscapes and signage. (Pg. 69)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 37-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Seelie absent for vote.
….

57. Fiscal Officer’s Certificate for $1,056,000 Motorized Equipment Bond Anticipation Notes, Series 2004. (Pg. 71)*

58. ORDINANCE NO. 38-04 –AN EMERGENCY ORDINANCE to provide for the issuance of $1,056,000 Motorized Equipment Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of acquiring motorized equipment and appurtenances thereto. (Pg. 72)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 38-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Seelie absent for vote.
….

59. Fiscal Officer’s Certificate for $1,468,300 Municipal Buildings Improvement Bond Anticipation Notes, Series 2004. (Pg. 74)*

60. ORDINANCE NO. 39-04 –AN EMERGENCY ORDINANCE to provide for the issuance of $1,468,300 Municipal building Improvement Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of renovating, improving, furnishing and equipping municipal buildings. (Pg. 75)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 39-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Seelie absent for vote.
….

61. Fiscal Officer’s Certificate for $621,000 Park Improvement Bond Anticipation Notes, Series 2004. (Pg. 77)

62. ORDINANCE NO. 40-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $621,000 Park Improvement Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving parks by installing playground equipment and skateboard apparatus, improving pools and planting trees. (Pg. 78)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 40-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Seelie absent for vote.
….

63. Fiscal Officer’s Certificate for $950,000 Water Main Improvement Bond Anticipation Notes, Series 2004. (Pg. 80)*

64. ORDINANCE 41-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $950,000 Water Main Improvement Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving the municipal water system. (Pg. 81)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 41-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Seelie absent for vote.
….

65. Fiscal Officer’s Certificate for $1,690,000 Wastewater Treatment Plant Improvement Bond Anticipation Notes, Series 2004. (Pg. 83)*

66. ORDINANCE NO. 42-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $1,690,000 Wastewater Treatment Plant Improvement Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving the municipal sewer system. (Pg. 84)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 42-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Seelie absent for vote.
….

67. Communication by Fire Chief Mroz regarding Emergency Operation Planning. (Pg. 86)

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

Mayor George indicated that through the Westshore Council of Governments, Hazmat, that he has been requesting full funding. He said that he looked forwarded to updating all Councilmembers on their roles should an emergency arise in the City.

Motion adopted. Five members voting yea.
Mr. Seelie absent for vote.
….

68. Communication from Finance Director Nogalo regarding Auction of Obsolete Equipment. (Pg. 87)

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

Motion adopted. Five members voting yea.
Mr. Seelie absent for vote.

….

69. ORDINANCE NO. 43-04 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Finance to sell, through public auctions, various obsolete, surplus and non-functioning City vehicles, materials and/or equipment. (Pg. 88)

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

Motion adopted. All members voting yea.
….
70. Communication from Human Services Director Buckon regarding Ordinance to amend Chapter 505, Animals and Fowl and Chapter 506, Dangerous and Vicious Animals of the Lakewood Codified Ordinances. (Pg. 89)

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

There was discussion on what the major change to the ordinance was, Human Services Director Buckon indicated there were several changes; verbiage update such as to the title of Animal Warden, to Animal Control Officer, language clarified for business days versus just days for such things as dangerous/vicious dog hearings. It was stated that another dog was added to the vicious dog list; Perro de Presacanario. The language for some of the exotic animals was clarified to replace the term of “dogs” with “animal” to apply to cats, ferrets and other popular animals now.

Motion adopted. All members voting yea.
….

71. ORDINANCE NO. 44-04 – AN ORDINANCE to amend Chapter 505, Animals and Fowl, of the Codified Ordinances of the City of Lakewood for the purpose of updating the entire chapter. (Pg. 90)

Motion by Mr. Seelie, seconded by Mr. Dunn, to place Ordinance No. 44-04 on 1st Reading and refer it to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
….
72. ORDINANCE NO. 45-04 – AN ORDINANCE to amend Chapter 506, Dangerous and Vicious Animals, of the Codified Ordinances of the city of Lakewood for the purpose of updating the entire chapter.

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 45-04 on 1st Reading and refer it to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
….

* All FISCAL OFFICERS CERTIFICATES WERE RECEIVED, FILED AND REFERRED TO THE FINANCE COMMITTEE BY ONE MOTION.

Meeting adjourned 10:45 P.M.

Approved:_______________________ ________________________
CLERK

________________________
PRESIDENT