Regular Meeting of the Lakewood City Council called to order at 7:32 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, Planning & Development
Director Jordon, Project Administrator for New Lakewood Fitzgerald, Human Services
Director Buckon, Mayor’s Executive Assistant Novak.
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Motion by Mr. Seelie, seconded by Mr. FitzGerald, to approve the Minutes of
the Regular Meeting of Council held October 18, 2004, without the necessity
of a reading.
Without objection from Members of Council, Items 20, 21, 23, and 24 were read first; respectively in agenda order.
****OLD BUSINESS****
1. Committee of the Whole Verbal Report regarding Zoning Code Ordinances amending Chapters 1105, 1129, 1135, 1156, and 1161.
Mr. Seelie submitted the following report:
The Committee of the Whole met this evening regarding Ordinance 86-04, 87-04, 88-04, 89-04, and 90-04. The aforementioned five ordinances would amend the Zoning Code by providing a new zoning district, a C4 Public School District, which was approved by the Planning Commission with the recommendation that Council adopt these ordinances to aid the Board of Education with their school facilities project. Additionally, by rezoning the school properties to a C4 zoning classification the City is proactively encouraging redevelopment of those sites that will no longer have schools on them.
A written report was drafted and sent to Members of Council which I will submit to the Clerk for the Minutes. These have all had three readings and it was unanimously recommended that Council approve these this evening. In attendance at the meeting were Members of the School Board. School Board President Chas Geiger, Linda Beebe, Deb Sweeney, Betsy Shaughnessy, Ed Favre were present. The Planning Commission did a lot of work on this and it really is a great partnership we’re developing by assisting the schools and making it easier for them to go through what they have to go through; meeting with our Boards and Commissions to ensure there’s public notification both from the City so that residents know about what’s going on.
Also this evening we came to a tentative agreement and there will be public notification that the School Board will be making a presentation to City Council regarding where they are and where they’re going. There will be other specific items for the entire community and this is scheduled for Monday, December 6 after their meeting takes place. It will be on our agenda but we will defer that until they get here; maybe 8:30, 9:00. It should be a very interesting discussion and presentation for half an hour or forty-five minutes. We will send out official notification.
Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file the verbal report.
School Board President Geiger thanked Council for working with the Schools on preparing legislation to expedite part of the approval process. He stated that along with the various stages of the approval process with the City’s Boards and Commissions that the State of Ohio also has approval requirements. He thanked Council for their support.
(As submitted)
Ordinance 86-04 Amend Chapter 1105
The ordinance places the new C4 zoning designation on the City’s zoning
map. Specifically, this ordinance amends Chapter 1105 – Districts Established,
Maps – of the Zoning Code to include the new commercial zoning district,
C4 Public School District.
Ordinance 87-04 Amend Chapter 1129
1) The ordinance defines a C4 district . Chapter 1129– Commercial Districts – of the Zoning Code is amended to include the purpose of this new district and to identify uses that are permitted or conditionally permitted in this new commercial zoning district.
2) Section 1129.13 – Supplemental Regulations for Outdoor Dining Facilities is also being amended to include the word “seasonal” which is defined as an area wherein twenty-five percent or more of any exterior wall is movable and is connected, or attached to an indoor restaurant, bar, tavern or nightclub. By this inclusion in the Code, seasonal dining facilities are a conditional use along with an outdoor dining facility. In neither case is the Zoning Code discouraging an outdoor or seasonal dining facility rather providing a venue to protect both the business and the surrounding residential neighborhood.
Ordinance 88-04 Amend Chapter 1135
The new C4 district is allowed in the mixed overlay district.Chapter 1135 – Mixed
Use Overlay District – of the Zoning Code is amended to include the new
commercial zoning district, C4 Public School District.
Ordinance 89-04 Amend Chapter 1156
It adds C4 of district as an allowed area with a planned development zone.
This ordinance amends Chapter 1156 – Planned Development – of the
Zoning Code to include the new commercial zoning district, C4 Public School
District.
Ordinance 90-04 Amend Chapter 1161
1)This ordinance amends Chapter 1161 – Conditional Use – of the
Zoning Code to include, where appropriate, reference to the new zoning district,
C4 Public School District.
2) This ordinance also amends existing Subsection 1161.02(t) – Outdoor Dining Facility to include the word “seasonal” making any outdoor/seasonal dining facility a conditional use granted by the Planning Commission.
The motion to receive and file the verbal report along with the submitted written
overview.
Motion adopted. All members voting yea.
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2. ORDINANCE NO. – 86-04 - AN ORDINANCE to amend Chapter 1105 – Districts Established, Maps – of the Zoning Code of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/4/04, 2ND READING 10/18/04)(Pg. 6)
Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Ordinance No. 86-04.
Motion adopted. All members voting yea.
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3. ORDINANCE NO. 87-04 – AN ORDINANCE to amend Chapter 1129 – Commercial Districts – of the Zoning Code of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/4/04, 2ND READING 10/18/04) (P. 6)
Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Ordinance No. 87-04.
Motion adopted. All members voting yea.
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4. ORDINANCE NO. 88-04 – AN ORDINANCE to amend Chapter 1135 – Mixed Use Overlay District – of the Zoning Code of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/4/04, 2ND READING 10/18/04) (Pg. 8)
Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Ordinance No. 88-04.
Motion adopted. All members voting yea.
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5. ORDINANCE NO. 89-04 – AN ORDINANCE to amend Chapter 1156 – Planned Development – of the Zoning Code of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/4/04, 2ND READING 10/18/04) (Pg. 8)
Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Ordinance No. 89-04.
Motion adopted. All members voting yea.
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6. ORDINANCE NO. 90-04 – AN ORDINANCE to amend Chapter 1161 – Conditional uses – of the zoning Code of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/4/04, 2ND READING 10/18/04) (Pg. 8)
Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Ordinance No. 90-04.
Motion adopted. All members voting yea.
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7. Public Works Committee Verbal Report regarding Detroit Avenue Resurfacing - Ordinance No. 91-04.
Mr. Dever submitted the following report:
The Public Works Committee met this evening to discuss the resurfacing of Detroit Avenue. We have legislation before; an agreement between the Ohio Department of Transportation and the City of Lakewood for improvements to Detroit Avenue. This project was scheduled for next year, 2005 but now the City of Lakewood is going to try and move forward with the streetscape improvements along Detroit Avenue also and they’re hoping to take care of those streetscape improvements next year in 2005. The actual resurfacing on Detroit will take place in 2006. This is a 3.3 mile long resurfacing project, it should cost in the neighborhood of $935,000. Twenty percent of that is going to be paid by the City which is going to come up to $187,000 and also any of those streetscape items; those will be 100% City costs. Also, there’s ADA curb ramps which will have to be put at each intersection and those are 100% City items. Those items will be absorbed by the City.
Motion by Mr. Dever, seconded by Mr. FitzGerald, to receive and file the verbal report.
Motion adopted. All members voting yea.
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8. ORDINANCE NO. 91-04 - AN EMERGENCY ORDINANCE committing the City of Lakewood to participate in a street resurfacing program for the resurfacing of Detroit Avenue in the City of Lakewood with the Ohio Department of Transportation. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 10/4/04, 2ND READING 10/18/04) (Pg. 9)
Motion by Mr. Dever, seconded by Mr. Demro, to adopt Ordinance No. 91-04.
Motion adopted. All members voting yea.
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9. Finance Committee Verbal Report regarding $2,300,000 Wastewater System Improvement General Obligation Bond Anticipation Notes. Ordinance 92-04.
Mr. FitzGerald submitted the following report:
Your Finance Committee met this evening and considered this item that has
to do with $2,300,000 issuance of Bond Anticipation Notes, goes towards the
improvement projects
That have been identified earlier this year that deal with wastewater and storm
water systems. The Finance Committee unanimously recommended its adoption by
full Council this evening.
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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10. Fiscal Officer’s Certificate for $2,300,000 Wastewater System Improvement
General Obligation Bond Anticipation Notes, Series 2004. (Pg. 11)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to receive and file the certificate.
Motion adopted. All members voting yea.
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11. ORDINANCE NO. 92-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $2,300,000 Wastewater System Improvement General Obligation Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving the City’s wastewater and storm water collection system. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 10/04/04, 2ND READING 10/18/04)((Pg. 12)
Motion by Mr. FitzGerald, seconded by Mr. Demro, to adopt Ordinance No. 92-04.
Motion adopted. All members voting yea.
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12. Finance Committee Verbal Report regarding 2005 One Year Action Plan; Resolution NO. 7926-04.
Mr. FitzGerald submitted the following report:
Your Finance Committee met this evening and we considered this docket item as well. As you know, the Citizens Advisory Committee annual allocation of the CDBG funds through HUD, there were a number of recommendations. We had an extended discussion in Committee about the differences between what the Administration proposed and what was eventually proposed by the CAC Committee. Members of the CAC Committee were there as well as members of the Administration. There were also quite a few folks from AACCESS which was one of the organizations which had made a request for dollars under this program. After asking questions about whether or not the allocation would have any real effect on the streets program and getting an understanding from the Committee members and members from AACCESS as to what the purpose was; granting them an allocation, the Finance Committee recommended unanimously that we adopt the findings of the CAC Committee as they’re written.
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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13. RESOLUTION NO. 7926-04 – AN EMERGENCY RESOLUTION authorizing and directing the Mayor to submit the Fiscal year (FY) 2005 One-year Action Plan of the Consolidated Plan, which includes dollar allocations and activities for federal Community Development Block Grant (CDBG) funds, and incorporates the City’s application for CDBG funds, HOME Investment Partnership Funds, American Dream Downpayment Initiative (ADDI) funds, Emergency Shelter Grant (ESG) funds, and all amendments thereto and all understandings and assurances contained therein, to the U.S. Department of Housing and Urban Development (HUD). (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 10/4/04, 2ND READING 10/18/04)(Pg. 14)
Mr. FitzGerald indicated there was a substitute; all members have; There was no substantive change, just an additional legal verbiage that had to do with allowing the City to actually execute and expend the monies that are allocated here.
Motion by Mr. FitzGerald, seconded by Mr. Dever, to substitute Resolution No. 7926-04 as submitted.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Resolution No. 7926-04 substituted.
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to adopt Resolution No. 7926-04 as substituted.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Resolution No. 7926-04 adopted as substituted.
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14. Rules & Ordinances Committee Verbal Report regarding Ordinance No. 85-04.
Motion by Mr. Dunn, seconded by Seelie, to defer action on this item until the next Council Meeting.
Motion adopted. All members voting yea.
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15. ORDINANCE NO. 85-04 – AN ORDINANCE to create a new Chapter 1777 within Title Thirteen, Nuisances of the Codified Ordinances of the City of Lakewood for the purpose of regulating the placement of refuse in the public right-of-way for collection and setting fees for removal of refuse that is improperly placed within the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 9/20/04, 2nd READING 10/4/04).(Pg. 16)
Motion by Mr. Dunn, seconded by Mr. Demro, to defer action on this item until the next Council Meeting.
Motion adopted. All members voting yea.
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16. ORDINANCE NO. 94-04 – AN ORDINANCE to vacate Cohassett Place in the City of Lakewood, Ohio. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 10/18/04) (Pg. 18)
Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 94-04 on Second Reading and refer to the Finance Committee.
Motion adopted. All member voting yea.
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17. ORDINANCE NO. 95-04 – AN ORDINANCE to amend Section 1105.02 – Districts Established, Maps - of the Zoning Code of the Codified Ordinances of the City of Lakewood by changing and revising the Zoning Map of the City with respect to certain property as hereinafter set forth and described as 1341 W. Clifton Blvd., Horace Mann Middle School; 1201 Summit Avenue, Lincoln Elementary School; 13701 Lake Avenue, Taft Elementary School; 13439 Clifton Blvd., Emerson Jr. High School; 13027 Hazelwood Avenue, 13100 Detroit Avenue, 12914 Detroit Avenue, 1327 Cohassett Place, 1357 Cohassett Place, 1363 Cohassett Place, 1369 Cohassett Place, 1373 Cohassett Place, 1379 Cohassett Place, 1385 Cohassett Place, 1374 Cohassett Place, 1370 Cohassett Place, 1350 Cohassett Place, 1348 Cohassett Place, 1344 Cohassett Place, 1330 Cohassett Place, Garfield Elementary School; 16600 Hilliard Road, Harding Middle School/Madison Elementary School; 1460 Elmwood Avenue and 1470 Victoria Avenue, Grant Elementary School; 1470 Warren Road, Board of Education; 14100 Franklin Avenue, Lakewood High School; 1592 Coutant Avenue, Maintenance Garage; 2050 Quail St., 2054 Quail St., 2058 Quail St., 2062 Quail St., 2068 Quail St., 2070 Quail St., 2080 Quail St., 2071 Dowd Ave., 2065 Dowd Ave., 2059 Dowd Ave., 2053 Dowd Ave., 2051 Dowd Ave., 2081 Dowd Ave., Harrison Elementary School. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 10/18/04, ) (Pg. 20)
Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 95-04 on Second Reading and refer back to the Finance Committee.
Motion adopted. All member voting yea.
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18. ORDINANCE NO. 96-04 – AN ORDINANCE fixing the compensation of the Probation Officer of the Lakewood Municipal Court, and the time and method of payment. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 10/18/04)(Pg. 28)
Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Ordinance No. 96-04 on Second Reading and refer back to the Finance Committee.
Motion adopted. All members voting yea.
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Council President Seelie commented at this juncture that under Section 121.05 it spells out the duties of the Clerk. He stated that it references public notification and there are state City laws regarding notification. He stated that public notification is required because it is important members of the community, businesses and residents know that no discussion on issues by Council as a body transpires without notifying the public first. He stated this is done on the WEB, notification at the public libraries, sending it out to a number of people, posting at the Council Office and on the 24 hour telephone number. He indicated this is so the public is made aware of what Council is speaking about to allow people the opportunity to voice their opinion.
Mr. Seelie said he is recommending that a verbal communication that does not spell out specifically what the purpose is, why the legislation is there somewhat skirts the law of public notification that allows all individuals to know why a subject area is being considered, the purpose and what is to be done.
Motion by Mr. Seelie, seconded by Mr. Demro, that from this point on the Clerk will be directed not to place on the docket a verbal communication under new business.
Mr. Dunn asked what prompted this rule. Mr. Seelie responded that there was an item on the docket – Item 22, that mentioned Lakewood Center North. He stated that it says, “Verbal communication from Councilmember Demro regarding Lakewood Center North”. He stated that he spoke to Councilmember Demro earlier that evening and that he indicated Mr. Demro fulfilled the requirement of identifying what he would be speaking about but it had to go further. He provided an example; the Council President could put on new business the subject matter; “City of Lakewood” and nobody would come down and question what that is or maybe they would, but that he could say – “I think everyone deserves a ten percent pay raise”. He stated that the item (Item 22) identified a building but that it could mean to blow up the building, sell it or buy it. He stated that the intent, purpose and subject had to be identified more specifically.
Mr. Dunn asked for clarification indicating if it would suffice if someone did place on the docket a verbal correspondence and did specify the purpose.
Mr. Seelie indicated that a previous item had a verbal communication with a resolution and that that would suffice because it related to the subject . He said that Mr. Dunn’s example would not suffice because there would have to be supporting documentation.
Mr. Demro indicated that as he was a new member of Council he acknowledged that some of the procedures of Council were not handed to him in a handbook and that he and Councilmember Madigan had run into this on occasion. He said that he would not do this again, that he was operating under a tradition of verbal communications. He stated that he understood the clarification of the rule and this is why he seconded the motion.
Mayor George added that the Charter was clear that any permanent action must be submitted in writing; that a resolution or ordinance must be submitted in writing and that these were the permanent actions City Council could take. He stated that anything other than a written communication had no permanent nature and was simply a discussion.
Mr. Seelie indicated that he did not remember seeing a verbal communication without supporting documentation on new business. He indicated verbal communications appear in old business which have appeared three or four times on the docket. He indicated the reason for a verbal communication in that instance was that you would not know how you were going to vote until you meet in the Committee meeting.
Mr. Demro indicated he wanted to point out that in his verbal communication there was no permanent vote and nothing of a permanent nature and that this would not be in conflict with the Charter but that he would abide the qualified rules.
****NEW BUSINESS****
19. Communication from Councilmember Dunn regarding Lakewood Dollars. (Pg. 29)
Motion by Mr. Dunn, seconded by Ms. Madigan, to receive, file and refer to the Committee of the Whole.
Mr. Dunn asked to clarify indicating that however the dollar is designed, and is not made to look like actual, federal sponsored currency that it is not illegal. He sated that there was a long history of communities wanting to retain wealth within their borders. He said it would not impede regionalism or globalism. He sated that that during the time of adjustment, when markets are creating efficiencies, Lakewood should bargain from a position of strength and retain as much wealth in the community as possible. He said that he did not think it would be prudent to have Lakewood dollars sanctioned by City government and that this was why he encouraged the Chamber of Commerce and members of Lakewood Alive to meet with Council to discuss the issues facing economic development and the merits of Lakewood Dollars. He stated this is one of many tools to make sure Lakewood was strong in the future.
Mr. FitzGerald asked if once the dollars were issued - if one Lakewood entity could use those Lakewood dollars to purchase something from another Lakewood entity. He asked how would sales taxes be collected.
Mr. Dunn responded this would be done in the same way it would be recognized in terms of receipts and accounts payable.
Mr. FitzGerald asked if the State would be would recognize he dollars.
Mr. Dunn responded that the profits from the transaction would be paid in Federal greenbacks, and wouldn’t be paid in “Lakewood Dollars”.
Mr. FitzGerald asked if the involvement or approval of the State would be necessary to have a local currency.
Mr. Dunn responded that if the Lakewood Chamber of Commerce offered this program that there would not be hesitation to exchange cash for Lakewood dollars; in an effort use Lakewood Dollars for goods and services. He stated that when it came time to file taxes, the taxes would be paid in Federal currency.
Mr. Seelie indicated it would be discussed further in Committee.
Motion adopted. All members voting yea.
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20. Verbal Communication from Councilmember Demro Regarding Resolution Congratulating
Emil Girod on his Retirement.
Mr. Girod for many years now, almost 30 years, has been tending our community gardens here in the City of Lakewood on Giel, Bonnieview and Westwood and has won several awards for that contribution of community service and is now retiring from his job and has scaled back some of his duties with gardens but continues to make a strong contribution I felt and his family felt that it was important to recognize him upon that retirement. We’ll go ahead and after approval of Council, present this Resolution to him as a small token of appreciation with his many years of service to our City/ Meals On Wheels and that strong contribution.
I ask for your support.
Motion by Mr. Demro, seconded by Mr. Seelie, to receive and file the communication.
Motion adopted. All members voting yea.
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21. RESOLUTION NO. 7930-04 – A RESOLUTION congratulating Emil Girod on his retirement and expressing appreciation for his years of valued and dedicated public service to the City of Lakewood. (Pg. 33)
Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Resolution No. 7930-04.
Motion adopted. All members voting yea.
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22. Verbal Communication from Councilmember Demro regarding Lakewood Center North.
Mr. Demro submitted the following communication:
Given recent reports in the media about the high pitched whining noise coming from Lakewood Center North I do want to clarify what actions I have taken, what actions the Administration has taken with regard to this issue and some of those media reports.
Members of Council do have a packet in front of you with the documentation. I submitted one to the Clerk of Council to be entered into the record with various complaints and documentation about this issue.
In June of 2004 I was approached by Don Blesse who lives on Clifton Boulevard. What he said to me was, “Councilman Demro, there’s this terrible whining noise coming from the Lakewood Center North, can we do something about it?” I said, with some hesitation, could you please contact other members of the community. I need to have some verification that you’re just not crazy and I tried to put that in the most polite way possible and Mr. Blesse accepted those comments, understood where I was coming from – we receive complaints as council people every day and have to verify the validity of them as to whether or not we’ll take action. Mr. Blesse then printed a flyer on his own volition and distributed it on the streets of Marlowe, St. Charles, Belle, Warren and Clifton. The flyer basically asks residents to contact me if they felt that they were being affected by this noise or if they knew about this noise. Subsequently, Mr. Blesse presented me with fifty individuals, some through e-mail, some through voice mail that said they were affected by this noise. I took subsequent action on July 27th by issuing a letter of my own to the residents explaining to them what I had planned to do in the short term to address the issue.
The Administration agreed to meet to talk about this issue. In the Mayor’s office in August of 2004 the Mayor’s Executive Assistant was there, I was in attendance as was the head of the Building Department, Karen Lehnecker, who manager the building for Grubb and Ellis and I believe one of the higher ups from Grubb and Ellis was also with us that day. During that meeting we determined that we needed some more information about the noise and Assistant Law Director Tom Corrigan agreed to go out with me at 4:30 in the morning to the Lakewood Center North Building. A day after that meeting we went out to the Lakewood Center North building at 4:30 a.m. and at 4:45 a.m, the noise that Mr. Corrigan didn’t think was going to come; came. It was very loud and at that point the Administration and I jointly took action to come up with a plan to resolve the issue and we decided that we would meet again, go on top of the building, hear the noise. That meeting consisted of myself, Law Director Brian Corrigan, Assistant Law Director Tom Corrigan and head of Building Department Ed Fitzgerald. We all recognized the noise and the problems that were being created. We investigated the various innards of the HVAC system on top of the skyscraper. We came to some more conclusions about how to resolve the issue and we continued to move forward. On September 3rd, the head of the Building Department Ed Fitzgerald issued a memo to the Chief of Police asking that the Police begin to monitor at 5:00 am. and that the Building Department would also monitor as part of our agreement, the sound level in keeping with the first sound ordinance of our City, I think it’s 515 of the Lakewood Codified Ordinances. Those measurements were taken for 30 days and on October 13th I was presented with a letter from Mr. Fitzgerald which was accompanied by the sound meter readings from both the Building Department and the Police Department. I examined those results and found the building to be in violation several times, not only in violation right at the bottom of the building near the railroad tracks but in violation at Lakewood Park which is quite a ways away down the street. During my investigation what I did find was that this problem has been around for nearly twenty years. There are reports in the Lakewood Sun Post and Plain Dealer which are found in the Building Department that this issue did not start yesterday with a councilman who was looking to make a name for himself.
Part of our agreement with the building management was that they would come up with estimates to try and correct the problem. When we were on top of that building, they tacitly acknowledge that there was a sound issue and that they were willing to correct that issue. They told us that they would provide us with estimates and to date I have not seen an estimate from Grubb and Ellis, a large corporation, with a lot of property in this City and across the nation.
The Administration took proactive efforts through Tom Corrigan and the Building Department to contact NOACA; to see if there are grants to help out Lakewood Center North if in fact they could not afford to bear the brunt of the cost entirely to correct the problem. I agreed with that step as part of our agreement and we continued to move forward.
The sound is getting progressively worse, I’m receiving more and more complaints. I’m bringing this to Council’s attention because it is getting worse. Those complaints are becoming quite frantic. I receive a call from a resident of Belle Avenue; very frantic, several times; “I’m ready to call the media, I’ve had enough, I can’t take it. We’ve got to do something about this issue. I said, Ms. Hagan, (NOTE: THIS IS NOT REFERRING TO MARY HAGAN, CLERK OF COUNCIL BUT TO JOANN HAGAN) please don’t call the media, please don’t get the media involved because as good as the media could be at times and they can shine the light on government, we have an agreement with the Administration and this could cause problems. Please don’t get them involved.
I was teaching on the election at Lakewood High School last Friday and was called by 19 Action News and they said, “we want to do a story on Lakewood Center North right after school”. I said really that’s not possible, there’s a lot of documentation, there’s more to the story that you need to know. “Nope, we’re going to do the story today, you need to meet us there at 3:00”. I went to Lakewood Center North, rushed there after school – at 3:00 no one was there. No one was there in the building manager’s office. I got in my car, I patrolled the nearby streets to see if they were out canvassing, talking to citizens about the issue – I could not find them. They were in the Mayor’s Office at City Hall.
That evening there was a report Channel 19 News which by the way, I don’t always consider to be the most reputable news organization and at that time the news report; the reporter asked the Mayor – “Mr. Mayor, do you find this noise to be annoying?”, and the Mayor responded that what he found annoying was a Councilman who was trying to make a name for himself. At that time I understood that the Mayor probably made that comment without full knowledge that I discouraged Ms. .Hagan* (NOTE: THIS IS NOT REFERRING TO MARY HAGAN, CLERK OF COUNCIL BUT to JoAnn Hagan) from calling the media and I tried to stop the media from going forth with that story without full, complete information – that this Administration was in full cooperation with me, with the residents and we were working to solve the problem.
Subsequently, a flyer went out, certain members of the neighborhood did not feel that that was an appropriate response from the Mayor and a flyer did go out also produced by Mr. Blesse to the same streets. Subsequently immediately after that newscast, I had scheduled a meeting with the Mayor at 10:00 a.m. this past Friday to talk about this Lakewood Center North issue. Apparently this flyer somehow made its way back to the Administration and that’s my assumption, I don’t know that for sure. And at that time I received a call from the Mayor, a call that I believe was inappropriate, a call that I believe was demeaning to my position as a councilperson and I’d like to enter that into the audio file for the record.
Mr. Seelie asked if this was in the packet and Mr. Demro indicated it was. Mr. Seelie stated that it being in writing was fine.
Mr. Demro stated he didn’t think it was appropriate and that it needed to be entered.
Mr. Seelie stated that it would only be put in writing and that it was not open to debate.
Mr. Demro played the recording:
“
Hey, is this East Cleveland Councilman Demro? You’re sure acting like
an East Cleveland councilman. Maybe there is a better constituency over there
for you. At any rate, your efforts to lower the property values in Lakewood
are not appreciated by the Mayor and others involved in the City. If you want
to run the city down and degrade the property values and turn this into a ghetto,
you’re right on the right track. So, if you want to work in good faith
and in honesty and integrity you could invite us to some of your meetings.
Don’t expect to see me on Friday. I won’t be here for the meeting.
You shape up and act like a mature adult and I’ll be glad to meet with
you”.
Mr. Demro stated that he believed the Mayor left the message without full information, that he understood the Mayor was angry, that he may have felt that he (Mr. Demro) called the media. Mr. Demro stated that if he had the meeting, they would not be at this point. He indicated he wanted to work in cooperation with the Administration and stated that the issue wasn’t about himself, that it was a noise coming from Lakewood Center North. He said that residents nearby and residents far away have heard the noise. He stated that it was horrible, and that the noise at 4:00 a.m. was horrible. He asked that Council urge the Administration to continue to work in cooperation because the comments in the Plain Dealer today from the Administration and from the Building Manager that now says, before they were willing to work on this and are now saying “we’re within the legal limit” - I can’t imagine where that ball came from; all the sudden they were willing to work with us before and now they’re not. This communication is here simply for Members of Council to be aware of this issue, it’s my duty, I’ve done all I can, there are three other Members of Council at Large, FitzGerald, Dever and Dunn who are also responsible to these citizens.
Motion by Mr. Demro, seconded by Mr. Seelie, to receive and file the communication and audio-file.
Law Director Corrigan indicated the Administration was working diligently to identify the problem and find a solution to the problem and wanted to continue to work cooperatively with Council and the residents. Law Director Corrigan said he would encourage Council; Councilman Demro to keep the Administration apprised of information, meetings, including the packet which was distributed to Members of Council today but was not distributed to members of the Administration.
Mr. Seelie commented that in talks with the Building Department representative earlier he learned of a muffling system being reviewed to address the problem.
Mr. FitzGerald made the following comments:
First on the substance of the issue. As Councilman Demro mentioned, I’m one of the at-large Councilman that covers that area and I do believe it’s something we should take seriously and address. As far as I can see, there’s a lot that I have disagreed with over time with Councilman Demro but as far as I can see with the process that he followed to get information and bring to the attention of the Administration appears to be appropriate. I haven’t seen anything, haven’t heard anything contrary to the fact that it was appropriate. As far as the process of this evening it didn’t do much credit to this City and on either, and I think the rest of Council should say something about that. I don’t think it was in the spirit of conciliation to play the recording with the assembled media and audience and I also think that the comments that I heard are indefensible. There has always been a school of thought by some people who are involved in City government that if you talk about problems in the City, you’re running the City down. That’s wrong. It’s just wrong. It was wrong when previous Administrations did it and I used to hear it when I got on Council, when in the first few months I was on Council I talked about a bar where there was drug dealing going on on the eastside of the City and was told, “why are you casting Lakewood in a bad light?” That whole attitude is public relations first and the substance second is just wrong. I don’t agree with the way Councilman Demro handled it tonight but I think that the Mayor ought to take the opportunity to say that he spoke, I hope, in a moment of passion and that he has reconsidered what the public heard this evening.
Councilmember Corrigan stated that the thought enough has been said.
Mayor George stated the following.
I appreciate Councilman FitzGerald’s comments. Let me be clear about one point, Paul Harvey; the rest of the story – if you will – and that is. There was a public meeting that was held apparently at the library yesterday. That was the basis of the phone call to Councilman Demro. I found out about the public meeting through the media. We had not been invited. There were rather inflammatory flyers apparently passed out in the neighborhood and I guess as an afterthought, several days later we were invited. At least one member of the Administration was invited to attend with a garbled message he received which wasn’t taped by Councilman Demro to him. So, on that basis, we’ll continue to take this problem very seriously. Anyone that doubts the seriousness of it; we have sent City inspectors out there no less than 115 times. We have worked in making every effort to work in good faith. I don’t know if the people from Lakewood Center North were at the meeting Sunday or not. They certainly should have been there. I do have a letter from Lakewood Center North; Karen Lenneker of Grubb and Ellis – said the fan is not the simple fix; the reason the noise travels so well is because of the pitch. And for that reason she’s working with the HVAC engineer to look at ways to lower the noise. She’ll have a price tomorrow, not for the fix, but for the cost of the Engineer to study it. We will continue to work in good faith with all parties involved. Again, I cannot stress enough how very seriously we do take this issue. People in the neighborhood do note some people hear it more than others and we respect that. As proof, again, 115 times we’ve been out there on our taxpayer’s money so we do appreciate the issue and are going to continue to try and address it in good faith.
Mr. Dunn stated the following:
I just want to take an opportunity to validate the issue. I serve at-large and do not live in the proximity of Lakewood Center North. The first I’ve heard of this as an issue is when I read it in this morning’s Cleveland Plain Dealer. I then took the opportunity to talk to some people in the area to validate and they told me, yes, Denis, it’s gotten progressively worse and now it’s particularly bad and they said that there’s this click that hits at quarter to five in the morning and it’s so loud that it wakes people. I talked to somebody who lives on the northern end of Andrews which was not in the area that you referenced but is further away and found it disturbing and I talked to people on St. Charles. I believe this is a legitimate issue but I just want to make sure and this is in the vein of Councilman FitzGerald’s comments that the work that needs to be done is fixing this problem. We don’t want to approach problems in a way that creates collateral issues that therefore causes us to lose focus. What we do in this Council, in this forum communicates in so many different ways to prospective residents, to existing residents, prospective investors and businesses; and we have to have a sense of pride to make sure that we represent ourselves in handling; this should be a simple issue – it’s a nagging issue; an issue that’s been bothering people for a long period of time and now it’s acute. We have to make sure we act constructively recognizing our commitment to the common good. Whatever just happened I ask that we just put it aside and we focus on the actual issue and work toward a solution.
Ms. Madigan stated the following:
To get started I’m working on the actual issue. Can we get a timeline with some agreement to have a neutral engineering assessment of it and maybe that’s been done and maybe we need a neutral party to do it and then have a plan of action and just get moving on this.
Mr. Seelie indicated he believed the City was already doing that.
Ms. Madigan asked if it was a neutral engineering firm, neither the City nor the landlord.
Mr. Fitzgerald from the Building Department stated the following:
We’ve been talking to the building maintenance. We’ve pulled the drawings of the original building; it’s the original HVAC units out there. Their engineer’s going to come in tomorrow and look at the drawings, make copies if we have to have them. They are looking into other areas of putting deadening panels in the room so there’s items that they’re doing and cost figures that they’re looking at. We’re working with them and their engineers to find out what the problem is and what they can do to alleviate the problem.
Ms. Madigan continued:
Do we have some kind of timeline or that can be developed after this meeting?
Building Representative Fitzgerald indicated; We’ll have to discuss that with the property manager.
Ms. Madigan continued:
And a way to communicate it to the neighborhoods.
Building Representative Fitzgerald stated:
I’ll stay in constant contact with Councilman Demro (inaudible)
Donald Blesse, 14700 Clifton Boulevard. I’m here tonight not for myself, not because Councilman Demro whipped me into a frenzy. I’m here on behalf of 75 residents of Lakewood, mostly on Clifton, Belle and St. Charle. The list is getting big. I would like to offer for the record a list of 75 residents who have come forward. I think it’s important to consider the fact that when Councilman Demro challenged me to come up with 10 or 15 people I had no idea what was going on in terms of anybody felt the way I did. I simply left flyers on doorsteps the Mayor says was inflammatory. I respectfully disagree. I just stated the facts that if this bothers you, contact me, go on record so I have your name and contact your councilperson. That was it, seventy-five people came forward not with me knocking on their doors, not with me twisting their arms, just simply leaving a flyer and saying if this effects you, get in contact with me. Like Councilman Demro said some of these were very upset people. You should hear the voicemails and some of the e-mails that they sent to me. It has nothing to do with a Councilman trying to make a name for himself as the Mayor was quoted. It has to do with seventy-five people, we started it, we asked Councilman Demro to do it and he was just doing his job. Now the Mayor complained that they were cut out of the loop. I contacted the Mayor’s office back in July. I left a message, I waited a day and a half. I did not get a return phone call – I left another message. I got a call back from the Mayor’s assistant. The Mayor’s assistant basically blew me off – he said, hey they’re in compliance – too bad”. At that point I had no other recourse but to go back to my councilperson. He and I went out at 4:30 in the morning; listened to the problem, he agreed that we had a problem. He brought some other City officials out. They then agreed with me- we have a problem. We were contacted by the Press back in July and at the suggestion of Mr. Demro I specifically asked the Plain Dealer reporter to stand down on the story until we had more information. So this is not a case where we concocted something to go off half-cocked to the media. That is absolutely not the case. No Mr. Demro’s tried to work through the system, as we – we keep hearing –hey we’re in compliance- too bad. Now I understand there are fourteen different incidents where the noise level spiked above the permissible limits however that is not the issue. It is the consistency and pervasiveness of this noise that is the issue. Under Section 515.02 and 03 of the Lakewood City Ordinances which are not be enforced right now it says; “No person shall unreasonably make, continue or cause to be or made or continue or permit any noise disturbance”. And then it goes on to say that a noise disturbance means “any sound which endangers or injures the health of humans or animals or annoys or disturbs a reasonable person of normal sensitivities or endangers injures real or personal property. Now, ladies and gentlemen, you have seventy-five people, most of whom can be characterized as reasonable and normal sensitivities who have said it does annoy and disturb and some of them are here tonight. Can you please stand up if you’re here and effected by this? (Approximately 45 people stood). Thank you. Now, with your permission I’d like to play you the noise since right now this has been an abstract concept. These little speakers do not do it justice. Imagine this wafting in your windows at four in the morning. (Plays tape) . Just picture that 14 hours a day, starting, by the way, this summer at 4:42 a.m. every morning except Sundays, thank God, we got Sunday off – six days a week, all summer. The only reason it’s getting better right now is because we have our windows shut but most of are still hearing it through closed windows, closed doors and the noise is getting worse. Now I was also told by the Mayor’s assistant that
President Seelie indicated the five minute limit.
Mr. Blessi continued:
Let me say one thing. The Mayor stated and Mr. Dunn echoed those sentiments that we want to keep money in Lakewood. We want to keep owner-occupied houses and when I looked at the respondents to this the overwhelming majority of these people were people that owned their homes. Now if you want absentee landlords chase us out go ahead.
President Seelie responded that Council was in total agreement and that they should have some response from the Building Department.
Mr. Dunn indicated the people he talked to in the neighborhood found it to be a particular nuisance in the morning. He stated that it was not a nuisance once the ambient noises of the street start. He stated that he realized a long-term solution is needed and asked if a short-term solution, before they can find a mechanical remedy, that if it was possible to put on the ventilation system later in the day to not wake people.
A resident indicated it doesn’t work for the building that way; in that HVAC requires that it be turned on at that hour work through the building.
Diane Koepp provided the following:
First, I’d like to thank Mr. Blesse for being our advocate and standing up for us. This has been going on for quite some time but he took the effort and has really made this into something that really needs to go away so I do appreciate his effort. I believe it was Councilman Demro mentioned that you had been out to Lakewood Center North 115 times; oh, it was the Mayor, thank you, Mayor. We appreciate your efforts in that however I’d like to tell you how difficult it is to live with this day in and day out. My ten year old daughter wakes up at five a.m. She doesn’t have to be at school until quarter to nine. So she’s pretty tired by the time she gets home form school. My husband can’t sleep, it’s nagging, it’s like a never-ending pain in the neck. It never goes away. When it’s there, it’s constant. We do have gaps in between of course, and that’s wonderful, it’s a nice little break for us but when it’s there, it’s nagging, it’s annoying, it’s disturbing it’s all these things that Mr. Blesse says and more. Mayor I’d like to tell you that when you were running for office I fully supported you, I was an agent with you at Caldwell Banker but you had not met me yet because I was new but I stood behind you 100%, backed you up. I hope that you can do the same for my family and myself. Which leads me to another issue. The fact that I am a real estate agent. I wanted to sell homes in Lakewood. I wanted to bring buyers into Lakewood. What do I do now? That’s where my neighborhood is, that’s where my heart is, that’s where my family is, that’s where my children go to school. I grew up in Lakewood, I believe in it and I’m at the point where, you know, what do I do. Do I disclose this to my buyers now? I would have to, I would never want anyone to move into Lakewood; into this part, not being able to sleep; dealing with noise. Dealing with the amount of time to get this corrected. We don’t even know if it’s going to be corrected. We’re going on months and months and months. Whatever is happening between you and the Mayor, Councilman Demro; frankly I don’t care. I want this situation solved. I want things to be taken care of. I respect you as a Councilman, I respect you as our Mayor – that has nothing to do with me and this noise; it has nothing to do with my family. So this is bad for my career, it’s bad for my family most importantly. The career part – I can go into another area; into another farm area, but you know what? I really don’t want to do that; my heart is here. I’m not moving. I’m not taking my children out of their schools. I’m not taking them out of their home. I would appreciate your cooperative support in this and your speed support most of all. It’s just gone on way too long and that’s all I have to say.
President Seelie indicated that he thought there was a good timeline and a plan and that everyone will be contacted after the meeting has taken place.
M. A. Lucas - since I live at 1225 (Belle) – I was there when the building was built but what has happened is that the insides have worn out. All of this political hoopla, the insides have worn out, now who’s going to fix it? That’s the only issue. Thank you, Mr. Demro, that was very good and thank you, Mr. Blesse but I don’t thank you for the morning comment in the paper. That was not very wise. If you would please have them fix the machinery.
Mr. Seelie stated it was as simple as that.
Donita L. Campion, 1281 Arlington. I’ve had this exact same problem with Nature’s Bin Air Conditioner. Not so high pitched – low – (makes buzzing noise) – and it never turns off. My heart goes out to all of you people but mine never turns off during anytime. I don’t have a break from it on Sunday and it’s directly next to my upstairs – not way on the roof. There are people that can fix this stuff, there are people that can put stuff around it. I have Abatech; a company that that’s their job. I know people that can measure and I want to know why these people are criticized for having the media involved when I’ve been here, weeks, month after month; I don’t run to the media, I don’t try to put down Lakewood and nothing is ever done. And the violations that they say they’re not a violation if they took it on the roof like they finally did for Lakewood Center North – they’d get a violation. That’s all. Thank you.
Councilmember Corrigan stated the following:
Donita Campion is a constituent of mine and I met with her on Saturday at her home. And it became very evident from the second floor of her home she had the pleasure of hearing the Bin’s air conditioners at full throttle at a constant level that one could not hear form the driveway level. She has a deep appreciation for the residents of St. Charles Avenue and in fact the neighboring streets.
Donita Campion: And I also always said that you had to measure it from upstairs. Somebody had to come upstairs or climb a fence. Nobody would, except for the brave Patrick Corrigan.
Councilman Corrigan: Unfortunately I didn’t have a measuring device so I will be asking Building Department to measure form the second floor level of the home.
Dan McConnell: A lot of what I had to say has been said but I’m at 1237 St. Charles. I’m a quarter mile from Lakewood Center North. And the point I wanted to make to Council is this issue has been going on for twenty some years but it’s significantly different this year. This Spring was the first time I heard it. I’m a life-long Lakewood resident, I’ve lived in this home for 17 years, I’m a homeowner and I would also be concerned – I also own a rental property in Lakewood and I would be concerned for the folks that have rentals in this area because some of the people who have expressed concerns are people that are renters who told me they were considering moving which really would mortify me as a landlord if I knew something in the environment that could be dealt with like this is running my tenants out of my properties. My point really is, just that this is, as folks said, is ongoing, there’s really no let up. It is at all hours of the day. Right now, with the windows closed and the furnaces on you would think you’d get a little bit of a break from it – it’s getting worse. I can hear this in my kitchen, In can hear it in my living room and I think since the trees have lost their leaves over the last couple or few weeks – that’s really not helped it either. You lose a lot of sound abatement the trees might provide but it’s a progressive problem. It’s only getting worse and I can speak for people who that aren’t here and possible people that didn’t even get on Mr. Blesse’s list that are neighbors of mine who have expressed the same types of concerns and they just haven’t gotten involved yet. But I do want the Mayor to know that this is a real problem. You’re welcome to come to my yard one morning for coffee on a Saturday morning and we’ll have a hard time talking.
Mayor George stated:
As was reported in the paper I am a bike rider and I do get down there. I got a voice mail from Mrs. Hagan who I’ve been talking to in the neighborhood. She called me, I left a voice mail about 4:30 Saturday morning so I went down, parked my car down there on the street and I did hear the droning. And I can assure you, we do take it seriously, again, if we didn’t take it seriously we wouldn’t have sent City personnel out there 115 different times. Just give us a chance to work with the building owners. As we’re all aware, I have a note I’d like to give to City Council. This just came in today. I’ll read it to you. It’s from Ed Fitzgerald – it says; “Mayor, the building permit was issued for the expansion of New York Life at a job cost for reinvestment of $554,000 which is an $11,080 building permit fee. Life, one of our largest employers, just expanded down there is adding another 100 jobs. Lakewood Center North is nearing full occupancy which may be a part of not only our aggressive economic development efforts but also we can’t do that HVAC system any favors. So we need to continue to work with the building management there. This large investment is going to add another 100 jobs to one of our largest employers and add considerably to our tax base. Again, we’re trying to work in good faith with the people at the building I’m sure we all want to grow our tax base and have investment in the City but not at the expense where the quality of life is damaged.
Mr. McConnell provided the following:
I respect that and if you could just keep the residents, us homeowners and voters, in mind we’d appreciate that. Obviously we as taxpayers, we do have to contend with parking issues that are created by the building. These are things we live with; things that when we moved in we had at the time, but the noise issue’s really gotten out of hand and I’d like to thank Councilman Demro for taking up this difficult cause and Mr. Blesse for finally putting this together.
Karen Grant, 1205 Warren – moved there in May, actually, this is very close to my heart, had moved from house on Clifton over farther west in town because of noise from downstairs neighbors keeping me up at night, waking me up at night, just making it very difficult to sleep. Moved into what I thought was a beautiful, wonderful apartment and a house on Warren Road, been there not very long at all and realized that I’m still getting no sleep –waking up at 4:00 in the morning, hearing this drone. I even went out to the store and bought the foam earplugs that you would use to work on a factory floor. I kept getting the ones that are stronger and stronger for higher decibel ratings- finally found one that blocked a little bit of the noise. It really is a pitch problem that cuts through - I found one that blocked it a little bit. It also blocked my alarm clock. So I have the choice between not sleeping or over sleeping. Neither one works. The boss frowns on being tired, the boss frowns on not being at work. Don’t really want to move again, I love Lakewood, I love my apartment. I love my neighborhood, I love my porch. I wish I could have spent more enjoyable time on it over the summer, once again the noise was driving me nuts. We won’t even get into the backyard, that’s where it’s loudest. I don’t know what else to say, I had one day I wasn’t feeling well, I was actually home sick from work, I’m trying to rest, I’m trying to read, I’m trying to relax. Couldn’t even do that because the noise wouldn’t go away. The ambient noise of the day doesn’t even touch it. Again, I”ve not been in that particular neighborhood for very long at all but I’ve had enough and that’s exactly why I’m here. I was so glad when I got that first flyer from Mr. Blesse on the door because I just – thank God, other people are hearing this, it’s not just me. It confirmed I wasn’t crazy and that I’m not the only one being disturbed so I would definitely appreciate it if something was done about it. Thank you very much.
Rosemary Toole; 128 St. Charles, and I’ll keep this real brief. How come they haven’t been cited? They’re not in compliance. Simple. Cite them. I know you want to work with them, but why don’t we do something legal.
Law Director Corrigan stated the following:
We’ve got a total of 111 readings here. They are in violation of greater than the plus or minus five ratio, approximately 12 of those 111 readings. If we were to cite them, yes, the simple answer to your question is – yes, we could have cited them for those violations.
Rosemary Toole: Isn’t that what you’re here for?
Law Director Corrigan: Is it going to solve the problem – no.
Rosemary Toole: yes, well they’d have to answer to it in a timely manner –
Law Director Corrigan: No, it would not. They would happily take the small fine that they would get in order not to fix the problem. We want to work with them to try to fix the problem. We know this is a problem. We could cite them and add to our coffers in City Hall here very easily and you would keep getting the problem and the noise and they may never come up with a solution to this. We have chosen to try and work with them. We’ve called their attention to this problem. We’ve tried to identify the problem up there. You’ve got these condensers, you’ve got these fans, housed in a concrete structure pointing north, with all ventilation pointing north. You’ve got all kind of sound dynamics and physics of sound - with sound bouncing and coming out into the neighborhood. There are 11 of the violations are under two or less as far as being over the violation and if you were to talk to law enforcement officers, they aren’t going to cite somebody for going so many miles over the speed limit if you get - I think as a matter of rule they would do this, and I’m not saying – so we do have some discretion over whether to cite or not and should this continue to be a violation and they not take it seriously yes we would cite them and this isn’t going to cause any relief from the situation. Whether this is true or not, I don’t know, but we have continued to be in contact with the management there and they have indicated to us that the fans are now coming on at 6:30 a.m. every day rather than the earlier time.
Rosemary Toole: No, this morning it was earlier.
Law Director Corrigan: Well, that’s information we need to know because they represented to us that the fans are coming on at 6:30. Okay, so they are still coming on at the early hour.
Councilmember FitzGerald: I’m glad Mrs. Toole brought that up because I saw that on some of the written materials that we were presented. I just want to express my disagreement with that philosophy. If the philosophy was that we wouldn’t fine people who could afford it, that would mean our fines are only for small businesses or people that don’t have financial means to pay them. That isn’t the purpose of what the fine is. If they’re violating the noise ordinance I suppose I can see giving them a break one or two times but if they’re violating it, they ought to be cited for it and if you want to get them into Court or work with them then fine but that can’t be a legal reason to not fine somebody – because they have a lot of money and the fine wouldn’t really effect them. Number 2. There are other options that we can look at. If we’re fining them $100.00 a day – first of all I don’t know if they would think that’s chicken feed. Secondly, the City’s looking at serious financial problems if nothing else, we could use the $100.00 a day. Also, there’s other options that the City has legally. One of them is for the City to threaten a nuisance. We dealt with this with the Calanni situation over on Madison. The City can file a nuisance suit if a business or a residence is being operated in a way akin to a public nuisance. It’s not something you do frivolously and it can be expensive litigation but it can also be very expensive litigation for the entity that is faced with that type of legal issue. So those are the tools that are available to the City. The City has to be willing to use the tools that they have and I don’t think it’s a good idea for us, especially at public meetings, to say, well, maybe we won’t fine them because they got plenty of money. I mean, that doesn’t wash with me.
Patricia McLaughlin – 1282 Belle. Directly behind the building. I pay $3,000 a year in taxes for my home I purchased probably $400.00 in permits to repair my home – this last couple years I put about $30,000 into my home. I pay money to this City by making home improvements and I understand you got 100 new jobs, that’s wonderful – that’s great, but don’t put me on the bottom line because I don’t pay as much as them.
Robert Toole – My wife spoke briefly before. A couple of points I’d like to make. I’m in the pipe-fitting, air conditioning industry. People that I know installed that piece of machinery thirty years ago. It’s worn out. They need a new chiller. If that chiller breaks and breaks severely, not only will it stop running and have to be replaced but it can create a serious environmental problem when the Freon is allowed to escape to the atmosphere. There are hundreds and hundreds of pounds of that in that machine. Consider that the noise levels have risen there’s good indication that the machine’s about to throw its guts. Consider that, just environmentally. The two years that I’ve lived on that street I haven’t needed an alarm clock in the morning to go to work. It’s bad news. If we could do something as has been suggested it surely would be appreciated. I’m certain I could appreciate from another point of view too because someone like me is going to have to come by and work on it. So there will be more tax dollars generated in the process of repairing the equipment. Consider that the noise levels of that machine can be brought way down with the new, modern equipment as it’s designed today, it doesn’t make that kind of noise. I’ve said enough.
Council President Seelie: Okay, let’s get the problem solved, and hopefully we won’t be talking about it at anymore meetings. On the motion to receive and file the communication.
Mr. Demro stated he had one final comment:
I appreciate Councilman FitzGerald’s comments and do agree with it from the enforcement perspective and if I offended anyone with the presentation I do apologize for that, I do apologize for violating any some type of decorum of Council. I felt that that this issue is so compelling that I needed to do everything for the people who employ me, the citizens of Ward 2, to bring this issue to the attention of the Administration. Whether or not the comments by the media were intended by the Administration to be interpreted the way they were by the residents and by myself – I’m ready to move forward and I challenge the Mayor to meet with me later this week or early next week in a face to face meeting to clarify where we’re going to go with this issue, to bury any political hatchets that might be there for the good will of these residents to solve this issue.
Councilmember Madigan:
This comment speaks to, I’m sorry, ma’am I forgot your name, but you’re right, it’s worn out – and I never even thought about Freon, and again, can we get a timeline here? I mean, in writing, at some point soon so that we can deal with this logically.
President Seelie indicated that a status report can be sent to Council this week.
Motion to receive and file.
Motion adopted. All members voting yea.
…
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23. Communication from Mayor George regarding Resolution for Retiree Gary Easter. (Pg. 34)
Motion by Mr. Seelie, seconded by Ms. Madigan, to receive and file the communication.
Motion adopted. All members voting yea.
…
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24. RESOLUTION NO. 7931-04 – A RESOLUTION honoring Gary Easter on the occasion of his retirement from the Division of Police after eighteen years of service. (Pg.35)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 7931-04.
Council President Seelie addressed Officer Easter indicating his name was well known throughout Lakewood and remarked that Officer Easter had done an outstanding job and that Council salutes him. Mayor George indicated Officer Easter was known throughout Lakewood for his compassion and care for young people and thanked Officer Easter on behalf of the citizens of Lakewood.
Motion adopted. All members voting yea.
…
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25. Communication from Human Services Director Buckon regarding PASSPORT Program. (Pg. 36)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. All members voting yea.
…
.
26. ORDINANCE NO. 97-04 – AN EMERGENCY ORDINANCE authorizing the Mayor,
or his designee, on behalf of the City, to enter into an Agreement with the
Western Reserve Area Agency on Aging to accept and expend funds as are eligible
for reimbursement through the PASSPORT Program for the fiscal years 2004 and
2005 and ratifying any and all prior agreements to accept and expend funds
for this project. (Pg. 37)
Motion by Mr. Seelie, seconded by Mr. Demro, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 97-04 on final reading.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Rules suspended.
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to adopt Ordinance No. 97-04.
Motion by Mr. Seelie, seconded by Mr. Demro, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 97-04 on final reading.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 97-04 adopted.
….
27. Communication from Finance Director Nogalo regarding Contracting authority
amendments and additional appropriation. (Pg. 39)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
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28. ORDINANCE NO. 9-04C – AN EMERGENCY ORDINANCE amending Ordinance No. 9-04B, adopted October 4, 2004 for the purpose of adding contracting authority for a Semi Trailer for the Wastewater Treatment Plant 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 listed vehicles and equipment, contracts not to exceed the specified amounts shown without separate Resolution of Council. (Pg. 40)
Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 9-04C on 1st Reading and refer it to the Finance Committee.
Motion adopted. Five members voting yea
Mr. Corrigan and Mr. Dunn are absent for vote.
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29. ORDINANCE NO. 77-03D – AN EMERGENCDY ORDINANCE amending Ordinance 77-03C adopted October 4, 2004, to increase contracting authority for Supervisor/Manager/Employee Training, Government Agreements, Lab Analysis Services – WWTP and Janitorial Services, 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. 43)
Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 77-03D on 1st Reading and refer it to the Finance Committee.
Motion adopted. Six members voting yea.
Mr. Corrigan absent for vote.
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30. Communication from Finance Director Nogalo regarding Property Tax Rate Resolution for 2005. (Pg. 50)
Motion by Mr. FitzGerald, seconded by Mr. Dever, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
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31. RESOLUTION NO. 7932-04 – A RESOLUTION accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the County Auditor. (Pg. 51)
Motion by Mr. FitzGerald, seconded by Mr. Dever, to refer to the Finance Committee.
Motion adopted. All members voting yea.
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32. Communication from Finance Director Nogalo regarding 2005 Tax Advances. (Pg. 55)
Motion by Mr. FitzGerald, seconded by Mr. Seelie, to receive, file and refer the communication to the Finance Committee.
Mr. FitzGerald indicated a previous conversation with the Finance Director which indicated a request from the Administration to adopt the Resolution that night. Finance Director Nogalo indicated that this was an annual ordinance requesting that next year the County Auditor advances to the City the funds collected for property taxes rather than sending the City two big checks after the settlement dates around June and November. He stated that this would allow the money to be sent to Lakewood as early as January through the month of June, and then the second months from July to November as soon as the monies are collected.
Mr. FitzGerald stated that he considered the item a technical, book-keeping matter and recommended it be adopted that evening. Mr. FitzGerald indicated he would in the meantime refer the communication part to the Finance Committee.
Motion adopted. All members voting yea.
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33. RESOLUTION NO. 7933-04 – AN EMERGENCY RESOLUTION requesting the Cuyahoga County Auditor to draw and the Cuyahoga County Treasurer to pay to the City of Lakewood Director of Finance an advance of all real; personal property; estate taxes and special assessments collected in the year 2005 in such amounts as may be requested and available. (Pg. 56)
Motion by Mr. FitzGerald, seconded by Mr. Seelie to adopt Resolution No. 7933-04.
Motion adopted. Six members voting yea.
Ms. Madigan absent for vote
Resolution No. 7933-04 adopted.
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34. Communication from Finance Director Nogalo regarding Workers Compensation – Retrospective Rating Plan Participation. (Pg. 58)
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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35. RESOLUTION NO. 7934-04 – AN EMERGENCY RESOLUTION authorizing the
Director of Finance to enter into an agreement to apply to The Ohio Bureau
of Workers’ Compensation to participate in a Retrospective Rating Plan
for the City of Lakewood. (Pg. 58A)
Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Resolution No.
7934-04 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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36. Communication from Police Chief Malley regarding Resolution for University Hospitals Health System DUI Prevention Task Force Grant. (Pg. 59)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. All members voting yea.
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37. RESOLUTION NO. 7935-04 – AN EMERGENCY RESOLUTION authorizing the Mayor, as Safety Director, to enter into an agreement on behalf of the City to accept and expend grant funds, in an amount not to exceed $1,000, from University Hospitals Health System/Rainbow Babies & Children’s Hospital for the purpose of providing saturation patrols to enforce DUI laws within the City of Lakewood. (Pg. 60)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 7935-04.
Motion adopted. Six members voting yea.
Mr. FitzGerald absent for vote.
Resolution No. 7935-04 adopted.
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38. Communication from Police Chief Malley regarding Resolution for Rainbow Babies and Children’s Hospital Safe Communities Grant. (Pg. 62)
Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file the communication.
Motion adopted. Six members voting yea.
Mr. FitzGerald absent for vote.
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39. RESOLUTION NO. 7936-04 – AN EMERGENCY RESOLUTION authorizing the Mayor, as Safety Director, to enter into an agreement on behalf of the City to accept an expend grant funds, in an amount not to exceed $7,000, from University Hospitals Health System/Rainbow Babies & Children’s Hospital for the purpose of providing targeted enforcement activity within the City of Lakewood. (Pg. 63)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 7936-04.
Motion adopted. Six members voting yea
Mr. FitzGerald absent for vote.
Resolution No. 7936-04 adopted.
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40. Communication from Law Director Corrigan regarding Erosion Control measures for the properties located at 17612 Edgewater Drive and 17450 Edgewater Drive, Lakewood, Ohio. (Pg. 65)
Motion by Mr. Seelie, seconded by Mr. Dever, to receive, file and refer the communication to the Public Works Committee.
Motion adopted. All members voting yea.
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41. RESOLUTION NO. 7937-04 – A RESOLUTION approving the use of submerged lands for property located at and abutting 17612 Edgewater Drive in the City of Lakewood, Ohio (a legal description of which is attached hereto as “Exhibit A”) so that the owner can undertake lakeshore protections measures. (Pg. 66)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive, file and refer the Resolution to the Public Works Committee.
Mr. Demro indicated the addresses and residents do not coincide and Law Director Corrigan indicated he would address the matter.
Motion adopted. All members voting yea.
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42. RESOLUTION NO. 7938-04 – A RESOLUTION approving the use of submerged lands for property located at and abutting 17450 Edgewater Drive in the City of Lakewood, Ohio (a legal description of which is attached hereto as “Exhibit A”) so that the owner can undertake lakeshore protection measures. (Pg. 68)
Motion by r. Seelie, seconded by Mr. Dever, to receive, file and refer Resolution No. 7938-04 to the Public Works Committee.
Motion adopted. All members voting yea.
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43. Liquor Permit for D2, D2X, D3, D3A transfers to Delta Distributors Inc. d/b/a Mars Bar 15314 Madison Avenue. (Pg. 70)
Mr. Corrigan read from the report indicating no statutory reason to object. The Ward Councilmember for that area was asked for input and Mr. Demro responded that he had no cause to object.
Motion by Mr. Corrigan, seconded by Mr. Seelie, to file no objection to this liquor permit.
Motion adopted. Six members voting yea
Mr. FitzGerald absent for vote.
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44. Liquor Permit Application for D5 and D6 stocks to Alfalfa Enterprises Inc. d/b/a Harry Buffalo, 18605 Detroit Avenue 1st Floor and Basement. (Pg. 71)
Mr. Corrigan indicated that the findings from the Law Director showed no statutory reason to object. Mr. Corrigan noted that the CRIS report was not attached and that because the Harry Buffalo was in his ward he asked for further information.
Police Chief Malley responded that CRIS was the Cuyahoga Regional Information System and was a record keeping function of the Department. He stated that those CRIS records reflected the times the Police were called to the establishment.
Mr. Corrigan asked if there were any citations issued within the establishment and Police Chief Malley responded that he did not think there were citations issued within the establishment and knew there were none since the new registered owner took over
Motion by Mr. Corrigan, seconded by Mr. Seelie, to file no objection to this liquor permit.
Motion adopted. All members voting yea.
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45. Liquor Permit Application for D2, D2X, D3, D3A and D6 stocks to AA Priv Inc. 1st Floor & Storeroom, 12280 Madison Avenue. (Pg. 72)
Motion by Mr. Corrigan, seconded by Mr. Seelie to defer action on this liquor permit.
Motion adopted. All members voting yea.
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Motion by Mr. Seelie, seconded by Mr. Dunn, to adjourn the meeting.
Motion adopted. All members voting yea.
Meeting adjourned at 9:43PM.
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Approved:____________________________ ________________________
CLERK
________________________
PRESIDENT