Regular Meeting of the Lakewood City Council called to order at 7:30 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; School
Board President Geiger; Members Beebe, Shaughnessy, Favre, Sweeney and Dr.
Estrop.
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Motion by Mr. Seelie, seconded by Mr. Dever, to approve the Minutes of
the Regular Meeting of Council held November 15, 2004, without the necessity
of a reading.
Motion adopted. All members voting yea.
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Without objection from Council Items 16 and 17 are read first in the agenda order. Without further objection from Council, Item 2 was addressed after item 6.
****OLD BUSINESS****
1. Committee of the Whole Verbal Report regarding process for Nominating Birdtown to the National Register of Historic Places.
Mr. Seelie submitted the following report:
The Committee of the Whole met this evening with the substitute resolution directing the Department of Planning & Development to prepare documentation necessary to nominate historic Birdtown neighborhood to the National Registry of Historic Places. The two amendments were 1) To take the $20,000 we were going to use for an outside consultant and to have that work done in-house by the professionals in our Development Department and it also specifically states that we have a public hearing that provided residents from Birdtown and throughout the community input into the necessary paperwork to submit this to the government for registration purposes.
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the verbal report.
Motion adopted. All members voting yea.
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2. School Facilities Project Information from School Board.
Introduction – Mr. Geiger, President of Lakewood Board of Education. Five minute Video regarding historic review of facilities project. Review of School District Initiatives for 2004-2005. Dr. Estrop, Superintendent of Schools spoke. Review of Facility Plans to Date – Members of the Board of Education.
2004-205 Lakewood City School District Initiatives paper was provided and included the following items:
Improving Student Performance, Improving school facilities – Coordinating Committee – Improving Academic performance – improving student conduct – design committee, heritage committee, transitions committee – students, staff, parents & community members – student conduct committee – communications committee.
The Plan: This plan will be implemented in three phases between 2006-2011.
Phase 1 2005-2007 - New middle school at Harding – keep gym
New middle school at Garfield – keep front section
New Hayes Elementary – keep gym
New Harrison Elementary
Phase II 2007-2009
Renovate/replace at LHS, Renovate Emerson to elementary keep gym, Renovate
Horace Mann to elementary – keep gym, New Roosevelt Elementary – keep
gym.
Phase III 2009-2011 – Renovate/replace at LHS, renovate Grant, renovate
Lincoln.
Lakewood High School
Replace 1917 sections
Replace north gym in different location
Renovate remainder of building
Middle Schools
New middle school on Harding site
New middle school on Garfield site
Elementary Schools
New schools at Hayes, Harrison and Roosevelt, renovate and convert Emerson
and Horace Mann to elementary schools Renovate Grant and Lincoln.
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3. RESOLUTION NO. 7780-03 – AN EMERGENCY RESOLUTION authorizing the Mayor or her designee to enter into an agreement in an amount not to exceed Twenty Thousand Dollars ($20,000.00) to engage a consultant to provide technical assistance in preparation of the documentation needed to complete the nomination of Birdtown to the National Register of Historic Places. AN EMERGENCY RESOLUTION authorizing the Director of Planning and Development in the preparation of the documentation needed to complete the nomination of Birdtown to the National Register of Historic Places. (PLEASE SUBSTITUTE FOR RESOLUTION NO. 7780-03 REFERRED TO THE COMMITTEE OF THE WHOLE 7/7/03, PLACED ON 2ND READING 7/21/03) (Pg.5)
Mr. Seelie indicated as stated previously, the Chair would move to substitute with the Resolution that was passed out; deleting the $20,000 and have that worked done in-house.
Motion by Mr. Seelie, seconded by Mr. Corrigan, to substitute Resolution No. 7780-03.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Resolution No. 7780-03 substituted.
Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution NO. 7780-03 as substituted.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Resolution No. 7780-03 adopted as substituted.
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4. Public Works Committee Report regarding Ordinance No. 98-04; Repair & Maintenance of Lakewood/Rocky River Bridge No. 204. (Pg 6)
Mr. Dever supplemented the report:
The purpose of the meeting was to agree to the sealing and the repair of the Lake Road Bridge. The County had sent correspondence requesting to expedite the process to agree to the repairs to the bridge so the Public Works Director requested that we pass it this evening. The Committee agreed to recommend to suspend the rules tonight to adopt Ordinance 98-04 on its second reading.
Also what was discussed was the proposed street projects for 2005. We briefly went over with the Administration the street improvements that are scheduled for 2005 that are in the budget. Councilman Demro and Councilman Corrigan were in attendance and they had some questions for the Administration. They went through a few of the items. In general we were in agreement but I had indicated that we’ll try to set up a meeting possibility with the Committee of the Whole to discuss the proposed street projects for next year to see if possibly - also with the Finance Committee – we could possibly pass them sooner than the proposed budget time-table which would be in March so that the City could move forward to get the street projects designed and sold for next year.
Motion by Mr. Dever, seconded by Mr. Demro, to receive and file the written/verbal report.
Motion adopted. All members voting yea.
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Motion by Mr. Dever, seconded by Mr. Demro, to receive and file the report.
Motion adopted. All members voting yea.
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5. ORDINANCE NO. 98-04 – AN ORDINANCE to authorize the Mayor to enter into an agreement with the Cuyahoga County Board of Commissioners for the improvement of Lake Road (US-6) Bridge No. 204 over Rocky River in the Cities of Rocky River and Lakewood, Ohio. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 11/15/04).(Pg. 7)
Motion by Mr. Dever, seconded by Mr. Demro, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 98-04 on final reading.
Mr. FitzGerald asked what the plan was for Vista Bridge, that money had been appropriated to study it that the this footbridge off of Sloane has been closed for approximately a year and a half. Mr. Beno indicated that after reviewing the bridge and studying it with the Engineering Department it was determined the bridge would have to be totally removed and a new one built because it was unsafe.
Law Director Corrigan indicated that when he was Councilmember he learned that one of the many issues that arose during discussion was a design issue. He said that other factors included ADA accessible factors that required obtaining one or two homes in order to make the ramps ADA compliant. He said at that point and time the cost was exorbitant and the project was shelved. He indicated that he believed there were State of Ohio funds accessible and some transportation funds but it required ADA compliance.
Mr. FitzGerald asked if the plan was to demolish it. Mr. Beno indicated there is no plan at this time.
Mr. Dever asked if the bridge was save, if it was a potential hazard. He asked if the City had to look at removing it. Mr. FitzGerald indicated that there was interest in the neighborhood with the bridge. He said some people see it as a landmark with childhood memories and others that feel it is an eyesore.
Council President Seelie recommended that either at the next meeting or the meeting in January some alternatives are offered regarding the bridge. Mr. FitzGerald suggested this happen during the Budget Hearings.
To suspend:
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. 98-04.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 98-04 adopted.
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6. RDINANCE NO. 99-04 – AN ORDINANCE authorizing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Procurement Officer to enter into contracts for professional services, and to advertise for bids and enter into contracts for the purchase of repair maintenance and operating supplies, services and equipment as authorized by the 2005 Appropriation Ordinance and the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/15/04)(Pg. 11)
Motion by Mr. FitzGerald, seconded by Mr. Demro, to place Ordinance No. 99-04 on 2nd Reading and refer it back to the Finance Committee.
A resident referenced Line Item 23. He asked if this was the actual amount, or the $8,000 that the Citizens Advisory Board approved.
Councilmember FitzGerald indicated that it went to zero and was added back up. Mayor George indicated that there was $20,000 allocated last year for the AACCESS Program. He said he didn’t believe any of that money was spent. He said as a result there was a $20,000 carry-over, plus the $8,000 in anticipated expenditures for this year. He said that it was customary to have a bit of a cushion there in case there are over-draws or additional expenditures.
The resident referenced item 37 – cell phones. He said it was reduced from 30 to 20. He said that still buys 40 cell phones. Mayor George responded that at one of the very first staff meetings, approximately 35 cell phones were pulled out. He said that many, including the police chief gave up cell phones. He said there were individuals, including EMS workers that need to half a cell phone for emergencies. He said the remaining were for emergencies and that the Administration did not anticipate spending the $20,000 again. He said that was a figure based on a worse case scenario.
The resident further referenced Item 53 and item 39. Lead Safe Cuyahoga - $250,000. He asked if this was an error. Mayor George indicated this was a grant from Cuyahoga County. He indicated item 39- Wellness/Fitness Equipment – Fire - $60,000. Mayor George indicated this was an anticipated grant that hasn’t been granted. He said that when there was final determination the Administration would act accordingly.
A resident referenced Item 2, Law Department Legal Services - $250,000, and another $200,000 for Finance’s Legal Services. She asked what this was about. Finance Director Nogalo responded that the numbers are not approached but remain in case of an extreme legal need. The resident asked if it was just a random figure. Finance Director Nogalo indicated the that the discussion on the contracting authority for the future was that what ever would be in contracting authority would be in line with the budget. He said that a lot of these would be down-scaled during the Budget process. The resident asked about item 12 – Supervisor/Manager/Employee Training. She asked if this was a training program for supervisors, managers and employees and $95,500 would be spent. Finance Director Nogalo responded yes, that most of this was for the Safety Forces. The resident asked about the next item – Exams for Classified Positions - $184,000. Finance Director Nogalo responded that this would also be reduced, that presently the Budget could only facilitate about $50,000 but that there was a process that had to be followed when hiring employees within the classified positions. He said there are certain other exams that had to be contracted out. He said in the past the civil service person in charge has estimated these could be the amounts needed for Civil Service Exams.
The resident indicated there was a split on three pages for money going to the jail. Mr. Seelie indicated that each line item would be discussed in Committee.
The resident stated that each year the City spends $250,000 for rock salt. She indicated this was in the Budget. She stated that sometimes all the rock salt is not used. She asked if this purchase is made every year,.
Mr. Seelie indicated that last year, Lakewood was one of the only communities that had a three year contract on rock salt and saved quite a bit of money.
The resident asked if the rock salt was saved. She asked if we dump the rock salt stating like in the past or is it saved.
Finance Director Nogalo indicated that as long as its dry and there’s a salt dome for it it can be used for the following year. He stated that approximately $160,000 was budgeted for that but that there was contracting authority more than that - $250,000. He said the reason is - if the City does run out of contracting authority and the City is in the middle of a storm, it was not advantageous to have an emergency Council Meeting to go out and buy rock salt.
The resident indicated this was a huge amount of money for rock salt alone. She asked about $90,000 for the jail, $300,000 for the jail, $50,000 for the jail. She said there was a total of $440,000 for the jail. She asked if the Administration thought this was a lot of money. Finance Director Nogalo responded that it was.
Motion to place the Ordinance on 2nd Reading.
Motion adopted. All members voting yea.
(Item 2 was brought forward and addressed here)
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7. ORDINANCE NO. 100-04- AN ORDINANCE to establish additional appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2004. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/15/04)(Pg. 15)
Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 100-04 on 2nd Reading and refer it back to the Finance Committee.
Motion adopted. All members voting yea.
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8. ORDINANCE NO. 14-04A – AN ORDINANCE to amend Ordinance 14-04, adopted March 1, 2004 for the purpose of adjusting transfers initially established in the fiscal year appropriations. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/15/04)(Pg. 17)
Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 14-04A on 2nd Reading and refer it back to the Finance Committee.
Motion adopted. All members voting yea.
9. ORDINANCE NO. 101-04 – AN ORDINANCE to establish temporary appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for three months, January 1, 2005 to March 31, 2005 as provided by Ohio Revised Code Section 5705.38. (PLACED ON 1ST READING & REFERRED TO The FINANCE COMMITTEE 11/15/04)(Pg. 20)
Motion by Mr. FitzGerald, seconded by Mr. Demro to place Ordinance No. 101-04 on 2nd Reading and refer it back to the Finance Committee.
Motion adopted. All members voting yea.
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10. RESOLUTION NO. 7944-04 – A RESOLUTION authorizing the Director of Finance to pay the cost of memberships of municipal employees and/or Departments and Divisions in certain associations for the year 2005 and declaring such memberships to be in the public interest. (PLACED ON 1ST READING & REFERRED TO The FINANCE COMMITTEE 11/15/04)(Pg. 23)
Motion by Mr. FitzGerald, seconded by Mr. Demro, to place Resolution No. 7944-04 on 2nd Reading and refer it back to the Finance Committee.
Motion adopted. All members voting yea.
****NEW BUSINESS****
11. Communication from Councilmember Seelie regarding Council Appointments. (Pg. 26)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. All members voting yea.
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Motion by Mr. Seelie, seconded by Mr. FitzGerald, to receive,file and refer Items 12,13, 14 and 15 to the Committee of the Whole. (Motion adopted. All members voting yea) – (Vote taken after they were read).
12. RESOLUTION NO. 7945-04 – A RESOLUTION to nominate __________________as a Community Trustee of the Governing Board of Lakewood Hospital Association for the full five-year term ending December 31, 2009. (Pg. 27)
13. RESOLUTION NO. 7946-04 – A RESOLUTION to appoint____________________as a member of the Lakewood Planning Commission for the full six-year term ending December 31, 2010. (Pg. 28)
14. RESOLUTION NO. 7947-04 – A RESOLUTION to appoint__________________as a member of the Lakewood Board of building Standards/Architectural Board of Review/Sign Review Board for the full five-year term ending December 31, 2009. (Pg. 29)
15. RESOLUTION NO. 7948-04 – A RESOULTION to appoint__________________as a member of the Lakewood Board of Zoning Code Appeals for the full five-year term ending December 31, 2009. (Pg. 30)
Motion was made by Mr. Seelie, seconded by Mr. FitzGerald to receive, file and refer itesm 12, 13, 14 and 15 to the Committee of the Whole.
Motion adopted. All members voting yea.
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16. Communication from Councilmembers Corrigan, Demro, Dever, Dunn, and FitzGerald regarding a Resolution to Form a Commission to Explore the Possibility of a Clean Indoor Air Act. (Pg. 31)
Motion by Mr. Seelie, seconded by Mr. Demro to receive, file and refer the communication to the Committee of the Whole.
Mr. Dunn thanked Mr. Demro for drafting the correspondence and for the colleagues who signed onto the communication. He said that he thought this would make a significant difference in the quality of life in the City of Lakewood. He provided a brief history indicating he had the opportunity working with anti-smoking advocates including Community Solutions, Lakewood’s Health Department. He stated that he sensed that there was never the full support within the community to take the next step and that at this time they are at that point. He thanked students from Horace Mann School who took a letter campaign and sent them to Members of Council asking for this step to be taken. He said it was because of this effort that awareness was created.
He indicated this was adaptive work. He said the Commission that would be put together would not do any scientific studies regarding the harmful effects of smoking; it’s harmful to one’s health and the inhalation of second hand smoke is harmful. He indicated this was well documented. He said to do something about the issue required change and that people had to be strategic, creative, open-minded and engage with people who have to make a significant sacrifice; specifically those who own and operate restaurants and bars. He said that this is was why instead of proposing an ordinance that night and having it placed on first reading that it was decided to put together a community task force. He said this will engage those people most immediately effected as well as people in the community who are indirectly effected. He said this was a step forward to ensure there was strong public health in the community as well as something that would be good for all businesses; specifically bars and restaurants. He indicated that one of the arguments against similar legislation in the past was that it would hurt bar and restaurant businesses. He said that there is now data to show that this is not the case, that after an initial transition period it actually helps patronage at bars and restaurant.
He said that he thought this was a significant day for the City of Lakewood, that Clean Indoor Air Ordinances are the future and that they are inevitable. He said that they would expand into all places where people are in enclosed environments. He said that for the City of Lakewood would benefit from embracing the future before other communities.
Ms. Madigan stated the Committee needed to go farther. She said the language needed to be amended to explore the ramifications of expanding the Clean Indoor Air Act to inform Council and the community not only about the health of workers and families but to consider the financial strength and viability of no smoking in the bar and restaurant industry in the City of Lakewood.
Mr. Seelie stated he didn’t know if the intention was of passing the Resolution that night or putting the Resolution into Committee to work through the language.
Ms. Madigan indicated it go to the Committee of the Whole with the attached language to include the language.
Mr. Seelie indicated this could be worked on in the Committee of the Whole.
Mr. Dunn asked if the recommendation was to have a cost benefit ratio to determine whether there would be a negative, economic impact by prohibiting smoking in bars and restaurants. He said this has been proven that this is not the case. He stated that beyond that issue, he feared that if it was sent to Committee it would be an unnecessary delay. He stated that it was the intention of five Members of Council to get the Task Force up and running in order for them to report back at the end of February. He said that the cost to the community of not acting had to be calculated. He stated that people’s health and the health of the workplace environment was in danger. Mr. Dunn asked if public health was being juxtaposed against economic factors.
Ms. Madigan responded no, that the scope of the Committee should be expanded to include what this would do to the restaurant and bar industry. She indicated that she was assuming that nine people on the Committee would have an open dialogue and include input from the Restaurant and Bar community. She stated that the scope of the Committee that was being established would specifically consider the stand alone bar industry and the bar/restaurant industry because the Clean Air Act Lakewood currently has exempts these.
Mr. Seelie stated that Council was referring the communication and the Resolution to the Committee of the Whole o discuss and appoint members to a Committee.
Mr. Dunn addressed Ms. Madigan’s comments indicating that the intention of the Resolution was to ensure that the Task Force engages people who would be directly affected. He stated that he anticipate that the Task Force would have a public forum as well as a possible survey to get input from far and restaurant owners. He stated that he did not believe the issue was referred to Committee. He said he hoped the Resolution could be passed that evening to have Members of Council and the Mayor give nominations to serve on the Task Force at the subsequent Council Meeting.
Mr. Seelie indicated the Council was presently on the communication and asked for any other speakers. He restated the motion.
Lauderdale resident and youth indicated she thought smoking in public places should be banned, that second-hand smoke was dangerous and that she did not like smoking going into her food at restaurants.
Elmwood Avenue resident stated she was a school nurse and believed the proposed Clean Indoor Air Act would help asthmatics in the community who breathe in second hand smoke. She stated that asthma was on the increase. She thought that adults would be good role models for children by not smoking in restaurants during the time people are eating.
Roy Drive resident indicated she was a 19 year cancer survivor, that her father died of cancer, that her son was diagnosed with cancer and that she has two cousins with cancer. She said this was an important issue. She indicated that she does not go into bars and restaurants that are smoky because it isn’t worth the risk to her health. She stated that she believed that other citizens in Lakewood would be supportive to businesses that did not having smoking and that they would get more business, not less business. She indicated she was a volunteer with the American Cancer Society; Mission Delivery chair for Advocacy and that they did not intend for Lakewood to stand alone in this. She indicated that Beachwood, Shaker Heights, Highland Hills, Orange, Woodmere, Pepper Pike, Lyndhurst and South Euclid were presently discussing Clean Indoor Air. She indicated that it was their hope that smoking would not be allowed in Cuyahoga County, not just Lakewood.
A speaker indicated he was a tavern owner and that he had spoken to several tavern owners that day. He said that Lakewood was not Shaker Heights where there is fine dining and that it was a working community and that people wanted to go to a corner bar and have a cigarette and have a beer. He said that he and other bar owners understood the repercussions of smoking but that kids were not allowed in bars and that this was a decision to be made by individual adults. He said that if the idea was to stop smoking in the United States then banning cigarettes should be done but banning smoking in the bars and taverns in the City of Lakewood would cut business by 50 percent. He said that Toledo had a smoking ban and that in reading about it he found that they made modifications to it. He said that several taverns did close down. He said he was sure a tremendous amount of tax dollars were involved. He said there would be fewer DUI’s, because of less people but that people would eventually go to Westlake, Rocky River or Cleveland to smoke in bars there. He stated that if it was all of Cuyahoga County that would be a different story.
Elbur Avenue resident indicated he was a physician in the community and realizes the health benefits. He said that this was not the issue, that the issue was economic. He said that it was his understanding that most of the studies indicate that after a short period the economic benefit is actually beneficial. He referenced the Great Lakes Brewing Company which he stated was overdone with business. He said that he was happy to see Lakewood going forward with a movement he considers to be spreading across the country.
Motion to receive, file and refer to the Committee of the Whole.
Motion adopted. All member voting yea.
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17. RESOLUTION NO. 7950-04 – A RESOLUTION to form a commission to explore the ramifications of implementing a Clean Indoor Air Act to protect the health of workers and families in the City of Lakewood. (Pg. 32)
Motion by Mr. Seelie, seconded by Mr. Dever, to refer Resolution No. 7950-04 to the Committee of the Whole.
Mr. FitzGerald referenced comments from the public. He said that he was glad to hear that efforts were being made across Cuyahoga County because he did think it was important to be done regionally as much as possible. He said that he thought people should learn from history as much as possible. He said he was a sponsor of the resolution and believed in it. He said that he thought it was the wave of the future and would happen in the long run. He said that it was important to be as careful as possible when crafting this. He said that it was important not to tell people who had concerns about the ordinance that they’re not sufficiently against smoking. He said an education process has to take place. He stated the Commission must be formed with a lot of care. He said if this is not done, there would be the risk of having the issue go on the ballot and having a very contentious ballot issue. He said he thought that’s what happened in Garfield Heights where he believed the voters ended up defeating it. He stated that he agreed that Lakewood was a working class town and that there were a lot of bars that were a shot and beer type place and that it was important to make sure that this is crafted very carefully. He said that there was another Council Meeting the third Monday in December. He said that it would not be too much of a delay to go to Committee in order to hear concerns and to make sure the Commission is formed in a way this is going to be representative of the community. He said he would support that process. He said that he supported the resolution but didn’t’ agree that the Committee be formed on the first night deliberation so the issue were had. He said that holding at least one Committee meeting and coming back on the 3rd Monday in December would better engender public sentiment.
Mr. Demro stated that he thought the basis of referring the item to Committee was to respond to Councilmember Madigan’s concern that word; “ramification” in the legislation meant several different things. Mr. Demro stated that “ramification” would include any type of financial ramifications and were referenced in the communication to include tax receipts, employment data, bankruptcies and others issues. He said he would be against sending it to Committee. He stated that the Charter Commission recommendations had sat in Committee for months. He said he preferred the item move forward that night. He stated that if Councilmember Madigan made an amendment which is the one he previously reviewed, that he would be willing to accept it on the floor. He said that he would prefer the Committee get its work underway as soon as possible because the deadline of February 22nd. He said that he would like to hear the amendment, because he viewed it quickly but that it could be done on the floor.
Mr. FitzGerald indicated that there was another issue that Mr. Demro’s comment about the Charter Review Commission brought up. He said that when there are Charter Review Commission appointments, that they are appointed by the Body of Council. He said that the process is done to ensure there are people who have the ability to cooperate and collaborate. He said that the way the Resolution was written each, individual councilmember would make their own appointment. He said that in general he does not favor that. He said it could mean there could be seven people all on one side of the issue or seven people all on the other side of the issue. He said there could also be people who are not a good mix of personalities as far as working together. He said that he wanted a process where the public was invited to join the Commission and review their applications on either side of the issue that have particular expertise. He said this expertise could be in health care or specific tobacco related issues. He said that was present yet.
Mr. Dunn asked if the preferred process would be to have the Body of City Council to evaluate people who have submitted resumes to determine who would be best to serve on the nine person job.
Mr. FitzGerald responded yes, similar to the Charter Review, Planning Commission, Building Board, etc.
Mr. Dunn indicated that his expectation that evening was to have the Resolution passed. He said that Ms. Madigan expressed a fair concern regarding the term; “ramifications”. He said that the wording was broad and would not limit the scope of the Commission. He said that his anticipation that night was that the Resolution would pass, and was non-binding other than going forward with a Task Force to do the public education, to explore the ramifications on the City. He said that he would like the next Committee Meeting to be a Meeting where Council proposed people to serve on the Task Force.
Mr. Seelie indicated that Council could not do anything until people were appointed. He said there was no reason not to wait until Council appoints and then pass the resolution as Council appoints. He said that if you create a Committee with no one being appointed to it makes no difference.
Mr. Dunn indicated that the Resolution established the foundation to create the Committee. He said that when Council would meet subsequent to passage of the Resolution it would be for the sole reason of appointing people to do the job Council has charged them to do.
Mr. Seelie re-stated the motion to refer to the Committee of the Whole.
Motion adopted. Five members voting yea
Mr. Demro voting nay
Mr. Dunn not voting
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18. Communication from Councilmember Dunn regarding CitiStat. (Pg. 33)
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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19. Communication from Councilmember Madigan regarding RTA Bus Shelter; W. 117th at Madison. (Pg. 37)
Motion by Mr. Dever, seconded by Mr. Demro, to receive, file and refer the communication to the Public Works Committee.
Motion adopted. All members voting yea.
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20. ORDINANCE NO. 102-04 – AN ORDINANCE exempting the Regional Transit Authority from the prohibitions of Section 901.18 of the Streets and Public Service Code of the Codified Ordinances of the City of Lakewood in order to permit the placement and/or construction of a glass shelter southbound, nearside on W. 117th at Madison. (Pg. 39)
Motion by Mr. Dever, seconded by Mr. Demro, to place Ordinance No. 102-04 on 1st Reading and refer it to the Public Works Committee.
Motion adopted. All members voting yea.
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21. Communication from Finance Director Nogalo regarding Contracting Authority Amendments. (Pg. 40)
Mr. Nogalo indicated the Ordinance was incorrect and there would be an Ordinance reflected the $25,000 change. He said this would be done in Finance Committee.
Motion by Mr. Corrigan, seconded by Mr. Seelie, to receive, file and refer the communication to the Finance Committee.
Mr. Dunn asked if it was two years ago that the Fire Department was renovated for $25,000 – the kitchen.
Finance Director Nogalo indicated that was Station No. 3. He said this would be at Station 1.
A resident asked how many councilmembers looked into the Fire Station on Madison relative to the roof issue. She asked whose idea it was to pay for another $25,000 for the facility.
Finance Director Nogalo indicated that the Fire Chief suggested since the roof repair that there was some leakage down the walls and also the kitchen required refurbishing. Fire Chief Mroz indicated that originally it was put in for capital next year. He said that in light of corrections to the roof there was some leakage in the area and mold problems had to be addressed. He said there was some damage to the cabinetry.
The resident asked if it was true that the roof leaked since the day it opened. She asked if all these years, the mold was being tolerated, with water running down the walls and that now, all the sudden the people of Lakewood are going to spend $365,000 to fix the facility that should have been covered by the contractor. She said it was an unbearable situation that nothing has been done about it.
She said that from the beginning the concrete was unable to harden, that ton after ton of lyme had to be brought in at $1,000 each to try to get the foundation to start. She indicated that the lifts for the doors malfunctioned. She said the whole thing was a complete fiasco and that now putting another $25,000 into fixing the kitchen was not right. She said that the kitchen from in the park should be taken there.
Fire Chief Mroze responded that there was damage to the building when it was built. He said the contractor was brought back to make some changes. He said there were approvals that were made and were changed that were made. He said the contractor was relieved of that based on the changes that were made. He said they didn’t solve the problem for the long term and there were things done over the years through Public Works that still resulted in leaks. An extensive study was done hiring a consultant. He said it was deemed necessary to do what’s being done to the building now in order to get a permanent solution to it. He said that he thought efforts had been made to address it. He said that haven’t always been successful but that this is where the situation was.
Mayor George indicated the building was built in 1992. He said it has been plagued by problems from the beginning. He said that there is no choice but to repair it. He said that when there was a process with lowest and best bid that hundreds of thousands of dollars were saved on the roof when it was first bid. He said that this did not result in a quality kind of roof . He said that money was saved at the time of construction but that the City is paying for it now. He said there was black mold there which is dangerous and that it had to be addressed.
Mr. FitzGerald asked if the contractor was still obligated to guarantee the work even if it was under the lowest and best bid.
Mayor George responded that this was done several Administrations ago and that he understood every effort was made to get the contractor back and that the Chief mentioned the contractor did come back.
Mr. FitzGerald asked if the contractor ended up reimbursing the City for some of the other expenses that have come back.
President Seelie indicated this could be found out but that it was going back through several Law Directors and several Public Works Directors.
Mr. FitzGerald indicated he would like a legal opinion to find if the remedy against the contractor would be closed if it was recently discovered.
Mr. Dever indicated that he believed the architect would also be someone to look for responsibility. He said the contractor would follow the architects drawings. He said that typically at the end of a project there is an agreement reached.
Mr. Corrigan stated that it would be wise for Council to review the original contracts that were let for the Fire Station. He said the architectural agreement and the language this specific case and guidelines and warranties in general for contracts needed to be reviewed. He said he believed there should be a roof that lasted longer than five years. He said that he would be submitted an ordinance or communication to evaluate how the City goes through its contracting.
Mayor George indicated he welcomed the assistance.
To receive, file and refer to Finance.
Motion adopted. All members voting yea.
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22. ORDINANCE NO. 18-04A – AN EMERGENCY ORDINANCE amending Ordinance 18-04 adopted March 15, 2004, for the purpose of decreasing contracting authority for City Hall Complex Renovations $22,000 and increasing contracting authority for Fire Station Renovations $22,000, and thus authorizing and directing the Director of Public Works to advertise for bids and enter into a contract with the lowest and best bidder for Building and Facilities Improvements in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg. 41)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 18-04A on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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23. Communication from Law Director Corrigan regarding Lakewood City Schools and Lakewood Public Library Discounts on General Building Permit Fees for Major Projects. (Pg. 43)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 18-04A on 1st Reading and refer it to the Public Works Committee.
Motion adopted. All members voting yea.
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24. ORDINANCE NO. 103-04 – AN ORDINANCE to amend section 1309.02, Building Permit Fees, of the Codified Ordinances of the City of Lakewood for the purpose of granting discounts to the Lakewood Public Schools and the Lakewood Public Library for major construction projects in consideration of the source of the funds for paying those fees. (Pg. 44)
Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Ordinance No. 103-04 on 1st Reading and refer it to the Public Works Committee.
Motion adopted. All members voting yea.
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25. Communication from Law Director Corrigan regarding Erosion Control Measures at 17802 Lake Road, Lakewood, Ohio. (Pg. 46)
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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26. RESOLUTION NO. 7951-04 – AN EMERGENCY RESOLUTION approving the use of submerged lands for property located at and abutting 17802 Lake Road 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. 47)
Motion by Mr. Seelie, seconded by Mr. Demro, to place Resolution No. 7951-04 on 1st Reading and refer it to the Public Works Committee.
Motion adopted. All members voting yea.
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27. Communication from Finance Director Nogalo regarding Health Care “Opt Out” Program. (Pg. 49)
Motion by Mr. Seelie, 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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28. ORDINANCE NO. 104-04 – AN EMERGENCY ORDINANCE to amend Section 149.14 Hospitalization Coverage for Employees of the Codified Ordinances of the City of Lakewood to authorize the Director of Finance to pay employees a cash payment in lieu of medical benefits in the amount of Seven Hundred Twenty Dollars annually to become effective January 1, 2005 or at the earliest approval of council. (Pg. 50)
Motion by Mr. FitzGerald, seconded by Ms. Madigan, to lace Ordinance No. 104-04 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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Meeting adjourned at 11:19 M.
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Approved:____________________________ ________________________
CLERK
________________________
PRESIDENT