Regular Meeting of the Lakewood City Council called to order at 7:33 P.M. by President Seelie.
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Present: Councilmembers Patrick S. Corrigan, Ryan Patrick Demro, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Mary Louise Madigan, Robert M. Seelie.
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Also Present: Mayor George, Law Director Corrigan, Finance Director Nogalo, Police Chief Malley, Fire Chief Mroz, Public Works Director Beno, Acting Planning & Development Director Murphy, Human Services Director Buckon.

Motion by Mr. Seelie, seconded by Mr. Demro, to approve the Minutes of the Regular Meeting of Council held May 3, 2004, without the necessity of a reading.

Motion adopted. All members voting yea
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Without objection from Council Items 24 and 25, were moved forward on the agenda and read before resuming regular docket order.

****OLD BUSINESS****
1. Committee of the Whole Verbal Report regarding Sewer Rates.

Mr. Seelie submitted the report stating the following:

The Committee of the Whole met this evening to discuss the sewer rates. Initially requested a $3.00 rate, an increase of a $1.50 which then we further discussed taking that rate and spreading it over three years. After further discussion we came to an agreement that we would raise the rate instead of $1.50 one time, instead of $1.50 three times (fifty cents in a row), we would raise it one time at fifty cents. That fifty cents will cover $7.9 million dollars of sewer work that we have already identified. Logistically, even if we were to take $3.00, if we were to raise it $1.50 one time, which would be doubling our rates, we logistically wouldn’t have the ability to actually put that into the ground right away. Although eventually we will be raising the rates, we will have to raise those rates because there is a long-term master plan that we don’t have yet and until we get that we felt that it was important to show responsibility and accountability to simply raise the amount of money for the projects that we have identified. That raise of fifty cents will give us a little additional money to cover some new projects that we see and in case there’s an emergency, to cover that as well and when it comes to further raises we will go through and discuss that at our future budget hearings. The Chair recommended that this ordinance be amended and the amendment would be changing the date from May 1st to July 1st of this year and changing the amount from $3.00 to $1.97.

I would also add that raising the rates is imperative not only to individuals whose basements are flooding but it’s also because the Environmental Protection Agency is demanding it of us and we have to take the responsibility and meet those needs. All the money raised will be going to the sewer fund and it can’t by law go anywhere else.

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

Councilmember Corrigan asked that future rate considerations be directed to Council and that the Rules & Ordinances Committee address that proposal. He asked that the Administration put together a task force jointly with Council and members of the City to review a complete, comprehensive outlook of the conditions of the sewers.

Council President Seelie recommended that wording be added to future ordinances that the Public Works Director shall recommend rate changes yearly upon three readings and approval of Council.

Motion adopted. All members voting yea.

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2. 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, PLACED ON 2ND READING 4/5/04)(Pg. 5)

Motion by Mr. Seelie, seconded by Mr. Dever, to amend Ordinance No. 28-04, by deleting “May 1st, 2004 and inserting July 1, 2004 in number 3, section (d); and by deleting in same section (d) three dollars ($3.00) and inserting one dollar and ninety seven cents ($1.97).

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 28-04 amended.

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 28-04 as amended.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 28-04 adopted amended.
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3. Public Works Committee Verbal Report regarding Berea Road Resurfacing.

Mr. Dever submitted the following report.

The Public Works Committee met that evening to discuss repair and resurfacing of Lakewood’s portion of Berea Road from Detroit Avenue in the City of Cleveland and stretching to Triskett Avenue in the City of Cleveland.

The legislation before Council authorizes the mayor to make application, enter into an agreement with the County Commissioners for the engineering designs for the resurfacing.

Also included is the incorporation of a watermain replacement. The estimated cost of that is $1.2 million from the Water Fund. The City at the same is going to seek reimbursement from Issue 2 Funds. Until approval from Issue 2, the City has to provide its share of the money. It includes the $1.2 million from the City and $89,600 for the reconstruction efforts not including watermain. The City pays 20% and the County pays 80% of the construction costs.

The Public Works Committee recommended to proceed with the project.

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

Motion adopted. All members voting yea.
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4. RESOLUTION NO. 7888-04 – A RESOLUTION requesting the Cuyahoga County Engineer to proceed with the repair and resurfacing of Berea Road (CR-309) from Triskett Road to Detroit Avenue in the Cities of Cleveland and Lakewood and resolving to pay for certain items. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 4/19/04, 2nd READING 5/3/04)(Pg. 7)

Motion by Mr. Dever, seconded by Mr. Seelie, to adopt Resolution No. 7888-04.

Mr. Dever indicated that the value of the project was estimated at $2.8 million but that the additional watermain would push it to a 4 million mark. He indicated the project would commence in the Spring of 2005 and that it would most likely be a two season project.

Motion adopted. All members voting.
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5. ORDINANCE NO. 49-04 –AN EMERGENCY ORDINANCE to authorize the Mayor to make application to the Cuyahoga County Board of Commissioners for approval to use County Motor Vehicle License Tax funds for the improvement of Berea Road (CR-309) from the Lakewood WCL to the Lakewood ECL and to enter into an agreement with Cuyahoga County necessary to complete the planning and construction of this improvement. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 49-04 PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 4/19/04, 2nd reading 5/3/04)(Pg. 8)

Between items 10 and eleven Law Director Corrigan asked that Item 5 be clarified to indicate the substitute was used because of a typographical error; originally reading “…Lakeland ECL…” and now reading as “…Lakewood ECL…”.

Motion by Mr. Dever, seconded by Mr. Demro, to adopt Ordinance No. 49-04 as substituted.

Motion adopted. All members voting yea.
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6. Rules & Ordinances Committee Verbal Report regarding Ordinance No. 12-04 – Taxing Lottery/Gaming Winnings.

Mr. Dunn indicated the Rules & Ordinances Committee could not reach consensus. He indicated that the legislation extends taxable income to lottery winnings, gambling and gaming winnings. He indicated that the legislation was brought forward to avoid what happened in South Euclid when a resident one millions and the City did not have a municipal ordinance to tax the winnings. He said the ordinance was a model ordinance provided by the Ohio Municipal League.

Mr. Demro said he objected to the ordinance, that he was not in favor of taxing peoples’ lottery winnings. He said that although it could happen, he did not think it will happen and that it was not a consistent source of revenue. He said he was philosophically opposed to it.

Mr. Nogalo stated that the Federal and State government tax lottery and gambling women and that the City taxes the earned wages of individuals and asked why not tax individuals fortunate enough to win.

Mr. Seelie indicated that anyone filing Federal and State would declare their winnings and RITA could easily identify that.

Mr. Dunn added that the ordinance would tax any winnings in excess of $600.00.

Mr. Corrigan asked if the ordinance addressed bingo winnings. Mr. Nogalo indicated it would be left to the individuals. He indicated too that any winnings can be offset by gambling losses.

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

Motion adopted. All members voting yea.

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7. ORDINANCE NO. 12-04 – AN EMERGENCY ORDINANCE to amend Section 128.0318, Taxable Income, to include lottery winnings, gambling and gaming winnings in the definition of Taxable Income. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 2/2/04, 2ND READING 2/17/04)(Pg. 12)

Motion by Mr. Dunn, seconded by Mr. Seelie, to adopt Ordinance No. 12-04.

Yeas: Corrigan, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: Demro
Ordinance No. 12-04 adopted.
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8. Rules & Ordinances Committee Verbal Report regarding Ordinance Nos. 44-04, and 45-04.

Mr. Dunn indicated that were still reviewing the ordinances and asked that they be deferred.

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

Motion adopted. All members voting yea.
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9. 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. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 4/5/04, 2ND READING 4/19/04)(Pg. 14)

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

Motion adopted. All members voting yea. Ordinance No. 44-04 deferred.

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10. 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. PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 4/19/04, 2ND READING 5/3/04)(Pg. 19)

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

Motion adopted. All members voting yea. Ordinance No. 45-04 deferred.
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11. Rules & Ordinances Committee Verbal Report regarding Communication from Councilmember Dunn; Employee Vacation, Sick, Compensatory Time Review.

Mr. Dunn indicated more review was needed and asked it be deferred.

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

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12. ORDINANCE NO. 51-04 – AN EMERGENCY ORDINANCE authorizing the Mayor or his designee to enter into an agreement with the Lakewood City School District regarding sharing with the School District of tax revenue and service payments received by the City under a proposed Development Agreement relating to the Detroit Avenue/Rockport Square Incentive District. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 5/3/04)(Pg. 22)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 51-04 on Second Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.
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13. ORDINANCE NO. 52-04 – AN ORDINANCE to amend Section 911.02 Charges, of the Codified Ordinances of the City of Lakewood for the purpose of updating the amount and designation of such charges for depositing refuse, garbage, and other waste materials at the City of Lakewood Division of Refuse and Recycling facility and clarifying the requirements for city residents and city businesses to be exempt from those charges. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 5/3/04)(Pg. 28)

Motion by Mr. Demro, seconded by Mr. Dever, to place Ordinance No. 52-04 on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. All members voting yea.

****NEW BUSINESS****

14. Communication from Councilmember Corrigan regarding Commendation Resolution for Richard L. Gray. (Pg. 32)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to have Council make an ex-parte presentation and Mr. Gray’s retirement party.

Motion adopted. All members voting yea.
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15. RESOLUTION NO. 7894-04 – A RESOLUTION to commend Richard L. Gray for his more than thirty years of public service, including twenty years of service as the Clerk of the Lakewood Municipal Court. (Pg. 33)

Motion by Mr. Corrigan, seconded by Mr. Demro, to adopt Resolution No. 7894-04.

Motion adopted. All members voting yea.
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16. Communication from Human Services Director Buckon regarding Ordinance Authorizing Lease for Department of Human Services, Division of Youth. (Pg. 34)

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

Motion adopted. All members voting yea.
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17. ORDINANCE NO. 56-04 – AN EMERGENCY ORDINANCE requesting Council’s specific approval of and authorizing the Mayor to enter into a lease for property located at 13614-16 Madison Avenue, Lakewood, Ohio for use by the Division of Youth (“Division”) in the Department of Human Services, in accordance with Lakewood Codified Ordinance § 111.04(A)(4). (Pg. 35)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 56-04 on 1st Reading and refer it to the Health & Human Services Committee.

Motion adopted. All members voting yea.
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18. Planning Commission Report regarding the Amended Master Plan for Lakewood Park referral from City Council December 17, 2001. (Pg. 42)

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

Motion adopted. All members voting yea.
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19. RESOLUTION NO. 7895-04 – A RESOLUTION to concur with the Lakewood Planning Commission in the adoption of the Master Plan for Lakewood Park, as amended November 26, 2001, revised January 2, 2002, and amended May 4, 2004. (Pg. 44)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to receive, file and refer Resolution No. 7895-04 to the Committee of the Whole.

Motion adopted. All members voting yea.
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20. Communication from Fire Chief Mroz regarding Resolution for the FEMA Assistance to Firefighters Grant Program. (Pg. 45)

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

Motion adopted. All members voting yea.
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21. RESOLUTION NO. 7896-04 – A RESOLUTION authorizing the Mayor as Director of Public Safety, on behalf of the City, to enter into an Agreement with the Federal Emergency Management Agency to accept and expend funds for the Assistance to Firefighters Grant Program for Fire Operations and Firefighter Safety and to match funds for this project in the amount of $40,699.56. (Pg. 46)

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Resolution No. 7896-04.

Motion adopted. All members voting yea.
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22. Communication from Fire Chief Mroz regarding Resolution for the Ohio EMS Airway Equipment Grant. (Pg. 47)

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

Motion adopted. All members voting yea.
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23. RESOLUTION NO. 7897-04 – A RESOLUTION authorizing the Mayor as Director of Public Safety, on behalf of the City, to enter into an Agreement with the Ohio Department of Public Safety, Division of Emergency Medical Services to accept and expend funds for the Ohio EMS Airway Equipment Grant Program in the amount of $2,124.83. (Pg. 48)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7897-04.

Motion adopted. All members voting yea.
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24. Communication from Police Chief Malley regarding Resolution Honoring Service of Auxiliary Major William Beech to the Lakewood Police Department. (Pg. 49)

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

Motion adopted. All members voting yea.
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25. RESOLUTION NO. 7898-04 – A RESOLUTION honoring Auxiliary Major William Beech of the Lakewood Police Department Auxiliary Unit. (Pg. 50)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7898-04.

Motion adopted. All members voting yea.
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26. Communication from Mayor George regarding St. Edward High School Hockey Team. (Pg. 51)

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

Motion adopted. All members voting yea.
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27. RESOLUTION NO. 7899-04 - A RESOLUTION to congratulate the St. Edward High School Hockey Team on achieving twenty straight State titles. (Pg. 52)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7899-04.

Motion adopted. All members voting yea.
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28. Communication from Mayor George regarding St. Edward High School Wrestling Team. (Pg. 53)

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

Motion adopted. All members voting yea.
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29. RESOLUTION NO. 7900-04 - A RESOLUTION to congratulate the St. Edward High School Wrestling Team on achieving their eighth straight State title. (Pg. 54)

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Resolution No. 7900-04.

Motion adopted. All members voting yea.
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30. Communication from Mayor George regarding Emergency Medical Services Week – May 16th –22nd 2004. (Pg. 55)

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

Motion adopted. All members voting yea.
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31. RESOLUTION NO. 7901-04 – A RESOLUTION proclaiming the week of May 16-22nd 2004 as Emergency Medical Services Week in the City of Lakewood. (Pg. 56)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7901-04.

Motion adopted. All members voting yea.
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Meeting adjourned 8:30 PM.

Approved:_______________________ ________________________
CLERK

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PRESIDENT