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


Regular Meeting of the Lakewood City Council called to order at 7:34 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, Building Representative Fitzgerald, Human Services Director Buckon.

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Motion by Mr. Seelie, seconded by Mr. Dever, to approve the Minutes of the Regular Meeting of Council held July 19, 2004, without the necessity of a reading.

Motion adopted. All members voting yea.

****OLD BUSINESS****
1. Committee of the Whole Verbal Report regarding Phil Vedda & Sons Retention and Expansion.

Mr. Seelie submitted the following report:

The Committee of the Whole met this evening regarding Vedda and Sons Project. The Project is approximately two and a half acres of land along Berea Road. That has some outstanding soil and without a public subsidy it can’t be developed and it’s a site on Berea Road that’s been vacant for about 75 years. It’s actually one of the last pieces of property there. The proposed use would be for 16,000 square foot industrial building with the site being prepared for future expansion of an approximately another potentially 12,000 square foot building. The current estimate market value of the land is 70,000 and with the project estimate value when completed would be a million. The public financing portion would be a $300,000 in net proceeds generated by a twenty-five year bond issue – it’s a tax incremental financing and also the City, through an economic development fund provide Vedda a forgivable loan of $200,000. Vedda and Sons is on Detroit presently and as they move to the Berea Road property it would clear up space for Virginia Marti, the college; for expansion so we’re increasing the industrial base on one hand and expanding the ability for Detroit and 117th and possibly for Virginia Marti. Also, tonight, we discussed some substitutes on these ordinances relating to Vedda and the substitutes for

62-04 – is simply to change the name from Phil Vedda and Sons Printing to Phil Vedda and Sons, Inc. Language in bidding section it was broadened to allow for cheaper, alternative methods if available for the site preparation that they’re going to be doing there. Added was Weber Architecture as a City professional service provider to assist with identifying alternatives and coordinating efforts on the site work with the engineers.

Substitute for 63-04 – This ordinance authorizes the City to enter into the development Agreement with Vedda and Sons Incorporated.

The Change or the substitute is again – the name change from Vedda and Sons printing to Vedda and Sons Incorporated.

On the substitution for 64-04 – this is the ordinance that authorizes us to give them a Tax Incremental Financing. – The changes – again in the name.

Substitute for 65-04 – this is authorizing the City to provide a $200,000 Economic Development Fund Public Improvement Grant - change would be the name change – removal of job language, there’s going to be a number of jobs created. There was some discussion around that so in the Development Agreement, Vedda has agreed to operate at that site for at least the next five years and this is committed to the mortgage.

Vedda has been a business in the City of Lakewood for fifty years. And there were some changes in the Economic Development Agreement fund when you had to change it from a loan back to a grant.

That’s what was discussed. The Committee agreed to substitute these changes and agreed to adopt as substituted this evening. That was unanimous.

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. ORDINANCE NO. 65-04 – AN ORDINANCE authorizing the Mayor or his designee to expend Two Hundred Thousand Dollars ($200,000.00) of the Lakewood Public Investment Program (PIP) of the Economic Development Fund (EDF) for costs associated with site preparation of the property located at 12000 Berea Road Lakewood, Ohio (Permanent Parcel Number 315-25-007) for the retention and expansion of Phil Vedda & Sons Printing, Inc. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/7/04, 2ND READING 6/21/04, DEFERRED 7/6/04).(Pg 6)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to amend to substitute.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 65-04 substituted.

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 65-04.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 65-04 adopted as substituted.
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3. ORDINANCE NO. 62-04 – AN ORDINANCE authorizing the Mayor or his designee to engage contracting firms to provide professional services in the design, preparation of specifications and contract administration and to advertise for bids and enter into contract with the lowest and best bidder for Site Preparation, in support of the retention and expansion of Phil Vedda & Sons Printing, Inc., (Vedda) including Excavation and Grading, GEOPIER Foundation Company, Inc., and Geogrid Fabric Soil Reinforcement, Engineered Fill, Building Slab Reinforcement and all other necessary site work related to such site preparation of the property located at 12000 Berea Road Lakewood, Ohio (Permanent Parcel Number 315-25-007) in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed specified amounts shown without separate resolution of Council. (PLACED ON 1ST READING AND REFERRED TO THE COMMITTEE OF THE WHOLE 6/7/04, 2ND READING 6/21/04, DEFERRED 7/6/04). (Pg. 8)

Motion by Mr. Seelie, seconded by Mr. Dever, to amend to substitute.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 62-04 substituted.

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 62-04.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 62-04 adopted as substituted.
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4. ORDINANCE NO. 63-04 – AN ORDINANCE authorizing the Mayor or his designee to enter into a Development Agreement with Phil Vedda & Sons Printing, Inc. (“Vedda”), for a financial assistance package for the purposes of Site Preparation in support of the retention and expansion of the Company and the Redevelopment of the property located at 12000 Berea Road, Lakewood, Ohio, (Permanent Parcel Number 315-25-007) and specifically approving the “Development Agreement” attached hereto as Exhibit A. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/7/04, 2ND READING 6/21/04, DEFERRED 7/6/04). (Pg. 10)


Motion by Mr. Seelie, seconded by Mr. Dever, to amend to substitute.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 63-04 substituted.

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 63-04.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 63-04 adopted as substituted.
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5. ORDINANCE NO. 64-04 – AN ORDINANCE declaring improvements to a parcel of real property located at 12000 Berea Road (PP# 315-25-007) to be a public purpose for purposes of sections 5709.40 and 5709.42 of the Ohio Revised Code; describing the public improvements to be made to benefit or serve the parcel, requiring the owner of that parcel to make service payments in lieu of taxes; establishing a municipal public improvement tax increment equivalent fund for the deposit of service payments and related authorizations pursuant to Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43; establishing a tax incentive review council; and authorizing the execution of various contracts, certifications and other documents related thereto. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/7/04, 2ND READING 6/21/04, DEFERRED 7/6/04).(Pg. 12)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to amend to substitute.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 64-04 substituted.

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 65-04.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 65-04 adopted as substituted.
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6. Finance Committee Verbal Report regarding Ordinances 78-04 & 79-04.

Mr. FitzGerald submitted the following report:

Your Finance Committee met this evening and we considered to proposals which had been before us before on first and second readings. They’re basically accounting devices for lack of a better word. Proposed Ordinance 78-04 establishes a tax increment financing bond retirement fund. Ordinance 79-04 establishes, again, a tax increment financing capital improvement financing section. It basically enables the City to track the Fund as it comes in from particular projects such as the Rockport Project or other, future projects that might go forward. For those reasons, the Finance Committee voted unanimously to recommend adoption of these.

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

Motion adopted. All members voting yea.
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7. ORDINANCE NO. 78-04 – An emergency ordinance to enact a new section of Chapter 129 of the Codified Ordinances of the City of Lakewood establishing the Tax Increment Financing (TIF) Bond Retirement Fund, for the purpose of receiving revenues specifically earmarked for TIF debt service and retiring the debt for projects financed under Tax Increment Financing. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 7/6/04, 2ND READING 7/19/04) (Pg. 15)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 78-04.

Motion adopted. All members voting yea.
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8. ORDINANCE NO. 79-04 – An emergency ordinance to enact a new section of Chapter 129 of the Codified Ordinances of the City of Lakewood establishing the Tax Increment Financing (TIF) Capital Improvement Fund, for the purpose of accounting for monies whose projects are financed under Tax Increment Financing. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 7/6/04, 2ND READING 7/19/04)(Pg. 17)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 79-04.

Motion adopted. All members voting yea.
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9. Health & Human Services Verbal Report regarding Ordinance No. 80-04.

Ms. Madigan submitted the following report:

The Health & Human Services Committee met to consider an ordinance establishing rates for the Ohio Department of Transportation and Driver Training Course and Driver Training Refresher Course which is provided by the Lakewood Department of Human Services, Division of Aging. The rates that were established are full day training course would cost $40.00 and a half day, refresher course will cost $20.00. The Department of Human Services has done a fine job training trainers so we are now able to offer this service. Others will pay, including other municipalities and we have it available here and we’re doing a fine job with it.

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

Motion adopted. All members voting yea.
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10. ORDINANCE 80-04 – An ordinance establishing rates for the Ohio Department of Transportation Driver Training Course and Driver Training Refresher Course provided by the Lakewood Department of Human Services/Division of Aging, effective October 1, 2004. (PLACED ON 1ST READING & REFERRED TO THE HEALTH & HUMAN SERVICES COMMITTEE 7/6/04, 2nd reading 7/19/04) (Pg. 19)

Motion by Ms. Madigan, seconded by Mr. FitzGerald, to adopt Ordinance No.80-04.

Motion adopted. All members voting yea.
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11. Liquor Permit Application for D2, D2X, D3, D6 permit transfers to SMK, d/b/a White door Saloon, 14718 Detroit Avenue, from White door, same Address. (Deferred 7/19/04) (Pg. 21)

Councilmember Corrigan indicated the Police Department found no grounds for objecting and Mr. Demro, as Councilman in the ward of the establishment indicated he had no objections.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to file no objection to the liquor permit transfers.

Motion adopted. All members voting yea.
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12. Liquor Permit Application for a new D1 permit class to Lake Avenue Industries, 13321 Madison Avenue. (Deferred 7/19/04) (Pg. 22)

Councilmember Corrigan indicated the Police Department found no grounds for objecting and Mr. Seelie, as ward councilman indicated he had no objections.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to file not objection.
Motion adopted. All members voting yea.

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(Without objection from Council, Items 16 and 17 were read after item 12)

****NEW BUSINESS****

13. Communication from Councilmember Dunn regarding Proposal to amend LCO 121.04, to create an Economic Development and Community Reinvestment Committee. (Pg. 23)

Mr. Dunn indicated the following:

The reason I’m re-introducing it is because it’s an idea worth consideration. It wasn’t on the fast track and fell off the governing agenda as happens every term of Council and I think it warrants reconsideration and eventual adoption for essentially two reasons. One is substance. The way we set up our committees, for the most part, is for every Department in the City, there is a corresponding Committee of City Council. For the Finance Department, we have a Finance Committee – for the Law Department, we have a Rules & Ordinances Committee, for Public Works, we have a Public Works Committee. For the Department of Health & Human Services we a Committee; Health & Human Services. That’s the way it’s been set up, with two exceptions. The exceptions, for the Department of Public Safety we have that broken down into two different groups we have a Committee of Public Safety and we also have a Housing Committee. Both those Committees, report to Public Safety. But the other glaring exception is the Department of Planning & Development doesn’t have any Committee to report to and in the past a lot of times when things are generated in that Department sometimes they were referred to the Committee of the Whole, sometimes, as we’ve seen tonight, they are referred to the Finance Committee. Certain documentation is referred to the Law Department for review or the Rules & Ordinances Committee for review. This is the substance of it. I think we can truncate the process if we have a Committee designated to the Department of Planning and Development and have, what is crucial to the future of our community, Economic Development and Community reinvestment. Have matters referred to that Committee which will allow City Council to effectively partner with the Administration to develop a sustainable policy which would dictate how we invest. We have all these various programs. We have the Lakewood Business Investment Program, we have the Economic Development Fund we’ve had our experiences with tax increment financing. I think if we devote a Committee of Council they would be able to strategize, come up with effective standards that would hopefully streamline and promote economic development in our community.

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

Motion adopted. All members voting yea.
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14. Communication from Councilmember Dunn regarding Proposal to dedicate the new playground at Niagara Park in honor of former Ward 1 Councilman Thomas O. McBride. (Pg. 24)

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

Motion adopted. All members voting yea.
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15. Communication from Councilmember FitzGerald regarding Brown and Athens Intersection. (Pg. 25)

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

Mr. Dean Boland spoke on behalf of petitioners indicating a four-way stop is safer than a traffic signal.

Councilmember Seelie responded that a four-way stop along with a flashing signal or fluorescent striping could add to safety and that he did not want to take the light down. Mr. Seelie indicated the street needed a highly visible signal because the street was narrow, the area was dark, there was a lot of traffic and that there were trucks, vans and large vehicles routinely parked on the street that would required more than a stop-sign.

Councilmembers Dever and FitzGerald indicated the issue required further review, indicating there were other instances where a traffic signal could be less safe than an four-way stop, that a study should take place in the meantime to supplement the sentiments of the petitioners.

Motion by Mr. Demro, seconded by Mr. Seelie, to call the question.

On the motion to receive, file and refer the communication to the Public Safety Committee.

Motion adopted. All members voting yea.
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16. Communication from Acting Planning & Development Director Murphy regarding Lakewood Business Investment Program (BIP) of the Economic Development Fund (EDF) Loans for 1388 Riverside Partners LLC d.b.a. Netknowledge Inc. (also know as Thinsolutions). (Pg. 26)

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

Councilmember FitzGerald indicated that he had been convinced this project would be a good use of the EDF funds a year ago in that it would bring in 20 additional high tech, good paying jobs into the City. Before introducing Mr. Fisher; the CEO of Thinsolutions, Councilmember FitzGerald indicated that Mr. Fisher was born and raised in the community and that he saw this opportunity as a way to bring something back to the community. Councilmember FitzGerald indicated that through his initial talks with Mr. Fisher he was encouraged to hear that Mr. Fisher was interested in marketing the City to the high tech community to bring other similarly situated companies into Lakewood.

Mr. Fisher, CEO of Thinsolutions thanked Councilmember FitzGerald and Dryck Bennett for bringing the issue forward for Council’s consideration. He indicated that he started Thinsolutions in 1997 and that it was not just another I.T. service company. He said that the company made the Inc. 500 list but that the product is different from other I.T. service computer support companies. He said that the plan was to take the business out regionally and based right in Lakewood. He said that he and at least four other employees of Thinsolutions currently live in Lakewood.

Mayor George pledged support to work with Thinsolutions and welcomed Mr. Fisher to Lakewood.

Motion adopted. All members voting yea.
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17. ORDINANCE NO. 81-04 – AN EMERGENCY ORDINANCE authorizing the Mayor of his designee to enter into an agreement with 1388 Riverside Partners LLC d.b.a. Netknowledge Inc. (also known as Thinsolutions) for participation in the Lakewood Business Investment Program (BIP) of the Economic Development Fund (EDF) for a five (5) year forgivable loan in an amount of Sixty Thousand Dollars ($60,000.00) and a separate five year forgivable loan for forty thousand dollars ($40,000). (Pg. 28)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 81-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
{Return to regular docket order beginning with item 13 after this item)
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18. Communication from Finance director Nogalo regarding Contracting authority amendment and addition. (Pg. 30)

Finance Director Nogalo requested that Ordinance 77-03C; the Awards dinner be passed tonight.

Councilmember Madigan referenced 77-03C and questioned if the $15,000 to have the awards dinner needed to be adopted that night. Mr. Nogalo responded this would be necessary to have the dinner on October 14TH.

Councilmember Madigan indicated that she was not comfortable passing the item that night or in the future. She indicated she understood very good employees have been with the City for ten or 15 years and that there was a cut off for employees who have been here just five years because that number grew too cumbersome and expensive.

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

Mr. Dunn asked if this action would end the possibility of an employee receiving recognition for this year. Mayor George indicated that it would. He said that they were a little surprised, but that this has already been discussed and money had already been appropriated. He said that because the contracting authority was in an ordinance before terms on Council, the Administration needed to go back and make sure the contracting authority was there. He stated there was a survey taken of City employees of the 100, of the those eligible, that 97% responded that they were in favor of the employee recognition dinner. He said that they work closely with the Fraternal Order of Police, Bruce Wilkins, and with the International Association of Firefighters; Dan Herdman, President. He indicated Mr. Herdman strongly supported the dinner and stated it was overdue. Mayor George indicated that AFSCME, Local - Jerry Branco and Matt Voicik were excited about the dinner. Mayor George indicated it would be a buffet dinner, rather than a City down dinner, and that they were making every effort to trim costs. He said it would be held at St. Gregory’s pending approval October 14th.

Mr. Dunn supported the Awards Dinner and indicated that those who have worked for the City year after year get some recognition and that this increases morale. He said that more would be lost by foregoing the event than the $15,000 that would be saved. He indicated he would vote against the motion to refer to the Committee.

Mr. Demro asked how many people would be at the dinner. Mayor George responded that there was a three year lapse and this was making up for that. He said that there was a bump up this here and that there was confirmation of 300 individuals.

Mr. Demro asked what other costs were involved aside from the food. Mayor George indicated that the food was the majority of the cost and that there was a small token of appreciation; service pins and for 25 years of service; a wrist watch. Mayor George indicated that Bruce Wilkins from the Police Department, got the organizers in touch with a group that’s been able to get a substantial discount.

Mr. Demro indicated that the agreed with Councilwoman Madigan and did not feel comfortable passing the legislation. He indicated that he was hosting a party for 300 people out at La Centre and the cost was $10,000. He suggested to look for alternatives.

Mr. FitzGerald indicated that the item should not be coming before Council at this late date. He stated that this puts Councilmembers on the spot when asking questions because its being told that if it doesn’t get voted on, organized labor will be upset. He stated that it’s a nice event that employees ought to have and that Council was on the spot because someone didn’t do their job and get this information to Council quick enough. He asked if $15,000 was an estimate or a not to exceed amount. The response from Mr. Nogalo was that it was a not-to-exceed amount. Mr. FitzGerald indicated that this was $50.00 a person.

Mr. FitzGerald stated that he would feel comfortable voting on the legislation that night if the Administration did everything possible to reduce costs and look at ways of having sponsorships from Lakewood businesses.

Mayor George responded that the Administration would make that commitment. He said they did not expect the costs to be that $15,000. He said that they apologize for any oversight, that the appropriation was made and discussed in Budget Hearings.

On the motion to receive, file and refer to the Finance Committee:

Motion adopted. All members voting yea.
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19. ORDINANCE NO. 9-04B – AN EMERGENCY ORDINANCE amending Ordinance No. 9-04A, adopted July 19, 2004 for the purpose of decreasing contracting authority for GPS (AVI) track and increasing contracting authority for In Car Videos for the Division of Police and authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, and the Director of Finance to advertise for bids and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood, for the purchase of the listed vehicles and equipment, contracts not to exceed the specified amounts shown without separate Resolution of Council. (Pg. 31)


Motion by Mr. FitzGerald, seconded by Mr. Seelie, to Place Ordinance No. 9-04B on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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20. ORDINANCE NO. 77-03C – AN EMERGENCY ORDINANCE amending Ordinance 77-03B adopted July 19, 2004, to accommodate addition of service awards, and thus authorizing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Procurement Officer to enter into contracts for professional services, and to advertise for bids and enter into contracts for the purchase of repair maintenance and operating supplies, services and equipment as authorized by the 2004 Appropriation Ordinance and the administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law. (Pg. 34)

Motion by Mr. Seelie, seconded by Mr. Dunn, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No.77-03C on final reading.

Councilmember Madigan indicated that it was difficult to know from reading the ordinance that there was $15,000 involved in this. She indicated it references an addition of service awards and commented that she was supportive of service awards. She indicated that people who give good service should be awarded and that usually they get awarded by getting paid and in addition should be awarded with recognition from their employers. She offered alternative ways to recognize employees.

Mr. Demro indicated that in a time when the City was struggling to find money to pave streets, and find $10,000 for a traffic light, when there was talk of layoffs that this was not an area to spend money on. He indicated that he would also be voting against suspending the rules.

To suspend the rules:
Yeas: Dever, Dunn, FitzGerald, Seelie
Nays: Corrigan, Demro, Madigan
Motion fails.

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 77-03C on 1st Reading and refer to the Finance Committee. (Motion corrected)

Motion adopted. All members voting yea.
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21. Communication from Finance Director Nogalo regarding Sale of 1440 Arthur Avenue, Lakewood, Ohio. (Pg. 41)

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

Motion adopted. All members voting yea.
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22. ORDINANCE NO. 82-04 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Finance (Director) to enter into an agreement with a licensed real estate broker to market for sale the real property located at 1440 Arthur Avenue for a period of 120 days, pursuant to Section 155.07 of the Codified Ordinances. (Pg. 42)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 82-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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23. Communication from Human Services Director Buckon regarding Revisions to Sections 506.06, Alternative Confinement and 506.11, Disposition of Dangerous Animals, within Chapter 506, Dangerous and Vicious animals, of the Codified Ordinances of the City of Lakewood. (Pg. 44)

Motion by Mr. Dever, seconded by Mr. Corrigan, to receive, file and refer to the Public Safety Committee.

Mr. Dunn indicated the previous work on the legislation was done in the Rules & Ordinances Committee. He asked the motions be withdrawn.

Motion and second withdrawn.

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

Motion adopted. All members voting yea.
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24. ORDINANCE NO. 83-04 – AN ORDINANCE to amend Section 506.11 within Chapter 506, dangerous and Vicious Animals, of the Codified Ordinances of the City of Lakewood to comply with previous changes to the chapter. (Pg. 45)

Motion by Mr. Dunn, seconded by Mr. Seelie, to place Ordinance No. 83-04 on 1st Reading and refer to the Rules & Ordinances Committee.

Councilmember Corrigan stated that the language changes were minor and asked if the rules could not be suspended and automatically modify the ordinance. Mr. Seelie supported the suggestion.

Mr. Dunn asked Director Buckon if the minor changes were all that needed to be considered or if there were others. Director Buckon responded that the semantics, title change, was something that was overlooked in the three areas and that this was not a significant change. She indicated that the placement of a top to the six foot high pen was a change but that she believed it was an additional safeguard. She said that these animals can climb even over a fence if provoked.

Mr. Dunn indicated that it was in the community’s interest to act quickly. He indicated he would support suspending the rules.

Motion by Mr. Dunn, seconded by Mr. Demro, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 83-04 on final reading.

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

Motion by Mr. Dunn, seconded by Mr. Demro, to adopt Ordinance No. 83-04.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 83-04 adopted.
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25. ORDINANCE NO. 84-04 – AN ORDINANCE to amend Section 506.06 within Chapter 506, Dangerous and Vicious Animals, of the Codified Ordinances of the City of Lakewood to comply with previous changes to the chapter. (Pg. 48)

Motion by Mr. Dunn, seconded by Mr. Demro, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 84-04 on final reading.

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

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Ordinance No. 84-04.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 84-04 adopted.
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26. Communication from Human Services Director Buckon regarding Public Health Emergency Preparedness. (Pg. 50)

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

Motion adopted. All members voting yea.
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27. RESOLUTION NO. 7917-04 – A RESOLUTION amending Resolution No. 7813-03A for the purpose of increasing the authority of the Director of the Department of Human Services, on behalf of the City, to enter into an Agreement with the Cuyahoga County Board of health to accept and expend funds for the purchase of computer equipment upgrades, cell phone and pager services, and training in the amount of $6,400.00. (Pg. 51)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to adopt Resolution No. 7917-04.

Mr. Dunn asked what way the Administration does not have the authority now.

Human Services Director Buckon responded that this was an amendment to the original agreement because of the additional funds issued by the Federal Government through the Ohio Department of Health and the County Board of Health. She indicated the amount of money in the agreement needed to be increased.

Mr. Dunn asked if the acknowledgement of Council was necessary for the City to receive additional funds. Director Buckon indicated this was her understanding.

Motion adopted. All members voting yea.
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28. Communication from Mayor George regarding Lakewood’s “Commitment to Resurrecting the American Dream”. (Pg. 53)

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

Mr. Dunn supported the initiative. He referenced the recent census data showing Cleveland as having the highest poverty rate of any large City in the United States. He asked if there has been any similar analysis taken to show trends in the City of Lakewood. Mayor George indicated that there has. He stated that at the staff retreat George Szeller from the Council for Economic Opportunity spoke. He indicated there were sobering statistics about many of the Greater Cleveland suburbs and the declining purchasing power in household income for the past 15 years. He indicated that Lakewood was slightly below the middle with a zero percent increase in buying power over the past 15 years, with inflation being considered.

Ms. Madigan indicated that with Cleveland now surpassing New York by almost a full percentage point was frightening. She indicated that statistics are not more readily available regarding Lakewood Statistics. She supported the Resolution’s message of commitment to the American Dream and stated that a commitment to education was also part of the dream and asked if maybe the School Board should also pass a Resolution similar to this.

Motion adopted. All members voting yea.
… .

29. RESOLUTION NO. 7918-04 – A RESOLUTION of Commitment to Resurrecting the American Dream. (Pg. 54)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to adopt Resolution No. 7918-04.

Mr. Demro indicated he thought there were a lot of good things in the legislation but that he had a problem with the language of “resurrecting” the American Dream. He said this meant the American Dream was dead and that this was not true. He said too, that parts of the Resolution are missing, to include notice of single parent households, morality in society, some character initiatives that are going on at the State level. He said the way the State funds education and the complex and obtrusive tax systems are hurting Lakewood. He said that this should be directed to State government instead of the National government. He said for those reasons he would be voting no.

Motion adopted. Six members voting yea.
Mr. Demro voting no.
Resolution No.7918-04 adopted.
… .
30. Liquor Permit application for D5 and D6 transfers to EHHO LLC d/b/a O Donnells, 16204 Madison Avenue, Lakewood, Ohio 44107 from 16204 Madison Inc. d/b/a Shenanigans 16204 Madison Avenue, Lakewood, Ohio 44107. (Pg. 55)

Mr. Corrigan asked if the investigation has been done and Chief Malley responded that it was ongoing.

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


Motion adopted. All members voting yea.
… .

Meeting adjourned 9:50 PM.
… .

Approved:____________________________ ________________________
CLERK


________________________
PRESIDENT