MINUTES OF THE REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
FEBRUARY 22, 2005
7:30 P.M.


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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Motion by Mr. Seelie, seconded by Mr. Corrigan to excuse the absence of Mr. Dever. (Mr. Dever arrives at 7:44).

Motion adopted. All members voting yea.
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Also Present: Mayor George, Law Director Corrigan, Finance Director Nogalo, Captain Hassing, Fire Chief Mroz, Public Works Director Beno, Planning & Development Director Jordon, Human Services Director Buckon, Mayor's Executive Assistant Novak;

Reading and disposal of the Minutes of the Regular Meetings of Council held February 7, 2005.

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

Motion adopted. All members voting yea.
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Without objection from Council, Items 19, 20, 23, 24 were brought forward


****OLD BUSINESS****

1. Committee of the Whole Report regarding Resolution No. 7958-05 Consolidated Plan & Ordinance No. 2-05 - Zoning Code Revisions. (Pg. 7)

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

Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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2. RESOLUTION NO. 7958-05 - AN EMERGENCY RESOLUTION authorizing and directing the Mayor to submit the 2005 Consolidated Plan, which establishes a unified vision for community development actions; sets forth program goals, specific objectives, annual goals, and benchmarks for measuring progress; and states the manner in which Lakewood will pursue the statutory goals of the federal Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnership, and American Dream Downpayment Initiative (ADDI) Programs, 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 COMMITTEE OF THE WHOLE 1/18/05, 2ND READING 2/7/05). (attachments to the Resolution were published 1/18/05 and are on file in the Council Office for public review) (Pg. 8)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7958-05.

Mr. FitzGerald referenced the emergency Resolution and asked for a Law Director's opinion regarding Article III, Section 8. He said one of the items discussed in a previous Charter Review was the need to obviate the use of "emergency" in legislation. He said that Gene Kramer at that time tried to specifically draft language at that time to make sure that type of language wasn't necessary. He stated that the "emergency" term gives residents the false impression that something is a dire emergency or that normal processes are being suspended. He said that it has caused some confusion over the years. He said it was brought up recently. He said that if the Charter is followed, the emergency language does not need to be used anymore.

Motion adopted. All members voting yea.
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3. ORDINANCE NO. 2-05 - AN ORDINANCE to amend Section 1105.02 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 at 11901-11 Detroit Avenue (PP#315-13-013, 014,016,017,051) known as Phase 1A of Rockport Square and 12101-07 and 12201-15 Detroit Avenue (PP# 315-10-001,002,003), known as Phase 1B of Rockport Square and 15401 Detroit Avenue (PP# 314-01-111) and 15425 Detroit Avenue (PP#314-01-011) and 1426 Mars Avenue (PP#314-01-010 and 038) known as the expansion of the Main Branch of the Lakewood Public Library. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 1/18/05, 2nd READING 2/7/05) (Pg. 10)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 2-05.
Motion adopted. All members voting yea.
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4. Committee of the Whole Verbal Report regarding Agreement between the City of Lakewood and AFSCME Administrative Employees Chapter.

Mr. Seelie submitted the following the report:

The Committee of the Whole met Thursday, February 17, 2005 to discuss the AFSCME Administrative Employee Contract. It was felt and unanimously recommended by the Committee that more review was needed and we plan on reviewing that in the next few weeks.

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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5. ORDINANCE NO. 3-05 - AN EMERGENCY ORDINANCE authorizing the Mayor of the City of Lakewood, Ohio, to enter into an Agreement with the Local 1043 and Ohio Council 8, American Federation of State, County and Municipal Employees (Administrative Employees) for a three year period. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 2/7/05) (Pg. 13)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 3-05 on 2nd Reading.

Motion adopted. All members voting yea.
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6. Public Works Committee Verbal Report regarding Bus Shelter on W. 117th at Madison.

Mr. Dever submitted the following report:

The Public Works Committee met this evening to discuss the placement of a bus shelter at the corner of 117th and Madison. This Resolution was brought forward by Councilmember Madigan. There were some questions about the placement of the bus shelter back in December. After review, talking with people from RTA and our Public Works Director we decided that the placement of the bus shelter on the concrete sidewalk was unacceptable and that it needed to be in the brick pavers as opposed to being on the sidewalk. RTA instructed us that the City was responsible for putting the foundation down for the shelter before they'd install it so our Public Works Department is going to place a foundation within the brick pavers and the tree lawn at 117th and Madison and also so that it's not obstructing the signage and the gateway sign into the City of Lakewood. When the Public Works Department places that foundation RTA will come through and place a bus shelter for us.

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

Motion adopted. All members voting yea.
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7. 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 12/6/04, 2ND READING 12/20/04)(Pg. 14)

Motion by Mr. Dever, seconded by Mr. Corrigan, to adopt Ordinance No. 102-04.

Motion adopted. All members voting yea.
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8. RESOLUTION NO. 7961-05 - A RESOLUTION amending Resolution 7950-04, extending the time for action by the Clean Air Commission to complete their study. (PLEASE SUBSTITUTE FOR RESOLUTION NO. 7961-05 DEFERRED 2/7/05)Pg. 15)

Motion by Mr. Seelie, seconded by Mr. Corrigan to amend Resolution No. 7961-05 insert the wording, "…by March 31, 2005 in the appropriate deadline area.

Mr. Dunn clarified that this was with the understanding that the can report back prior to the deadline. Mr. Seelie indicated that "by" would allow for an earlier submission.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Resolution amended.

A resident took issue with the wording of the Resolution.

Mr. Seelie indicated the Commission will report back on a recommendation.

Mr. Demro asked for clarification that the Commission was formed with the intention to report their findings in terms of economic impact. He said that in his mind the Commission was to present a recommendation to Council to explore what might happen to business in the City of there was an enactment of some type of ban. He said there was no ban, no legislation on Council for any type of restriction and that the City presently has a Clean Indoor Act which regulates air throughout the City. He said what would be done would be expanding that Act. He said his assumption was that the Commission would come back and say; "if you do this, this will occur". He said he did not write the legislation so that the Commission would come back and say, "you should do this". He said that was Council's prerogative to decide whether or not it should be banned in restaurants, taverns or bowling alleys. He said that was his intention and that he hoped the Commission was following that intention but believed that they were not following that.

Councilmembers Madigan and Seelie asked Mr. Demro what the Commission was doing.

Mr. Demro replied that the Commission was bantering about what should be done in the City and that this was not their job. He said their job was to assess the various evidence out there, to hear from experts as to what the economic impact would be. He said the intent was not to specifically make suggestions; citing an example; "you should ban smoking in bars that have 35% of sales in food or you should ban it everywhere or you should ban it only in bowling alleys". He said his assumption was that the Commission would find out what happened in other cities and look at all the studies and come back and show the consequences of actions made by other cities.

Mr. Seelie responded that he would expect a suggestion from a Commission that met for three months as to whether they wanted a ban or not.

Mr. Patrick Corrigan indicated that the Commission was a delegated authority and that until a report was sent to Council that it was not necessary to postulate what the outcome would be.

Ms. Madigan agreed with Mr. Corrigan and stated that her opinion was that if a Commission was empowered that there was an assumption it was being asked for something.

Mr. Dunn wanted to make sure that the authority of the Commission was not being undercut by the comments made. He said that he was following the Commissions work and that they were taking public input, researching studies and taking testimony from experts to determine the consequences of second hand smoke as well as the economic consequences of smoking bans. He said they would be providing necessary guidance to Council.

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7961-05.

Motion adopted. All members voting yea.
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9. ORDINANCE NO. 4-05 - AN EMERGENCY ORDINANCE to amend Sections 128.0501, 128.1302, 128.0502 and 128.1902 of Chapter 128 of the Administrative Code of the Codified Ordinances of the City of Lakewood to increase the rate of municipal income tax from 1.5% to 2.0% per annum, effective January 1, 2006, for the purpose of providing funds for general municipal services and capital improvements, and to increase the resident municipal income tax credit for taxes paid on the same taxable income to other municipalities. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 2/7/05)(Pg. 16)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 4-05 on 2nd Reading.

Motion adopted. All members voting yea.
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10. ORDINANCE NO. 5-05 - AN ORDINANCE authorizing the Mayor or his designee to enter into an agreement with Advanced Energy Technology Inc. for participation in the Lakewood Business Investment Program (BIP) of the Economic Development Fund (EDF) for a five (5) year forgivable loan in an amount of Seventy Thousand Dollars ($70,000.00). (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/7/05)(Pg. 20)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to place Ordinance No. 5-05 on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. All members voting yea.
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11. ORDINANCE NO. 6-05 - AN EMERGENCY ORDINANCE to establish appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2005. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/7/05)(Pg. 22)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to place Ordinance No. 6-05 on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. All members voting yea.
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12. ORDINANCE NO. 7-05 - AN EMERGENCY ORDINANCE authorizing the transfer of certain funds. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/7/05)(Pg. 25)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 7-05 on 2nd Reading and refer it back to the Finance Committee.
Motion adopted. All members voting yea.
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13. ORDINANCE NO. 8-05 - AN EMERGENCY ORDINANCE 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/7/05)(Pg. 27)
Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 8-05 on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. All members voting yea.
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14. ORDINANCE NO. 9-05 - AN EMERGENCY ORDINANCE authorizing and directing the Director of Public Works to engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/7/05(Pg.29)
Motion by Mr. FitzGerald seconded by Mr. Corrigan, to place Ordinance No. 9-05 on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. Six members voting yea.
Mr. Dever absent for vote.
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15. ORDINANCE NO. 10-05 - AN EMERGENCY ORDINANCE authorizing and directing the Director of Public Works to advertise for bids and enter into a contract with the lowest and best bidder for Park 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/7/05)(Pg. 31)
Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Ordinance No. 10-05 on 2nd Reading and refer back to the Finance Committee.

Motion adopted. Six members voting yea.
Mr. Dever absent for vote.
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16. ORDINANCE NO. 11-05 - AN EMERGENCY ORDINANCE authorizing and directing the Director of Public Works to engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Infrastructure 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/7/05)(Pg. 33)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Ordinance No. 12-05 on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. Six members voting yea.
Mr. Dever absent for vote.
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17. ORDINANCE NO. 12-05 - AN EMERGENCY ORDINANCE authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, and the Director of Finance to to advertise for bids and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood, for the purchase of the listed vehicles and equipment, contracts not to exceed the specified amounts shown without separate Resolution of Council. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/7/05)(Pg.35)
Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 12-05 on 2nd Reading and refer it to the Finance Committee.
Mr. Patrick Corrigan indicated that the Public Works Department has asked the public to pay for a one ton dump truck with a ten foot plow and a four-wheel drive pickup truck with a plow. He said that recent experience with plowing the streets has generated a number of complains regarding the inefficiency of these minor snow plow trucks for clearing the snow during heavy snowfall. He asked the Public Works Director to reevaluation if whether larger trucks might be more useful in providing City services.
Motion adopted. All members voting yea.

****NEW BUSINESS****

18. Communication from Council President Seelie regarding CityStat. (Pg. 37)

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

Motion adopted. All members voting yea.
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19. Communication from Councilmember Demro regarding Kick Butts Day. (Pg. 38)

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

Motion adopted. All members voting yea.
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20. RESOLUTION NO. 7966-05 - A RESOLUTION to declare April 13, 2005 as "Kick Butts Day" in Lakewood, Ohio. (Pg. 39)

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Resolution No. 7966-05.
Motion adopted. All members voting yea.
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21. Communication from Mayor George and Councilmember Dever regarding Lakewood Catholic Academy. (Pg. 40)

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

Mr. Dever indicated the issue would be effecting a number of people in the community. He said that this was an emotional time for the community. He said that back in November he had a communication indicating this would effect approximately 400 families in Lakewood. He said this would be impacting St. Augustine's because they will be closing their doors. He said that he understood at this time they were in negotiations with St. Luke's and possibly relocating their facilities there. He said it would be great if they could reopen their doors in this community. He stated that Dr. Estrop remarked on the strength of schools impacting the community and stated that the parochials schools were also part of that formula. He said the entities needed to work together to make a smooth transition. He said that Councilmember FitzGerald brought up during Budget Hearings the specific issue and that he toured St. Augustine's academy with Mr. FitzGerald back in September. He said he looked forward to selecting people to serve on the Committee. He said that there would need to be someone from the Building Department because he understands there's over $100,000 building improvements that have to take place at Lakewood Catholic Academy to accommodate boys for traditionally an all girl school.

Mr. Demro asked Council that a member of nearby neighborhood be considered (Abbieshire). He said he would appreciate someone from Ward 2 be considered.

Mr. Dunn wanted to clarify the role of Council and the Administration. He stated this was being directed by the three respected parishes and the role of the City would be indirect. He said that approval or ratification would not be coming to the Council.

Mayor George indicated the issue was of community interest and this was formalizing a process to be made aware of deadlines to facilitate the transition. He responded to Mr. Dunn that this was not to advocate or endorse anything.

Motion adopted. All members voting yea.
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22. Communication from Mayor George regarding State Representative Michael Skindell. (Pg. 41)

Motion by Mr. Seelie, seconded by Mr. Dunn, to receive and file the communication.
Motion adopted. All members voting yea.
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23. Communication from Mayor George regarding Retirement of Captain Douglas J. Hennie. (Pg. 42)

Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file the communication.
Motion adopted. All members voting yea.
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24. RESOLUTION NO. 7967-05 - A RESOLUTION honoring Douglas J. Hennie on the occasion of his retirement from the Division of Fire after twenty-eight years of dedicated service to the community of Lakewood. (Pg. 43)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7967-05.
Motion adopted. All members voting yea.
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25. Communication from Mayor George regarding Lakewood YMCA. (Pg. 44)

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

Mr. Haley from the YMCA provided for a brief presentation outlining services for Lakewood residents.

Mr. Dunn complimented the efforts made with regarding to the comprehensive Green Building Policy in relation to the YMCA project.

Mr. Demro complimented Mr. Haley's efforts for bringing a new energy to the staff at the Lakewood Y.

Mr. FitzGerald complimented Mr. Haley for his responsiveness. He referenced the proposals for the various programs presented. He said there will be great cooperation between the City and Lakewood YMCA. He mentioned Culeen Carey being present in the audience.

Mayor George mentioned the June 9, 2005 ground breaking.

Motion adopted. All members voting yea.
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26. Communication from Mayor George regarding Lakewood Cares Coalition. (Pg. 45)

Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file the communication.
Motion adopted. All members voting yea.
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27. Communication from Mayor George regarding Proposed Job Cuts at NASA.(Pg. 46)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the communication.

Mr. Demro stated that he disagreed with the Resolution. He said he agreed with the importance of the jobs but did not think it was appropriate to dictate what was going on at the Federal level or to give a voice to something that was very complicated. He said it was his understanding that the money was not being cut from the Space Program but that it was being redirected into space exploration and away from propulsion and other types of science.

Mayor George indicated there was a meeting held at Congressman Kucinich's office regarding the placement of the NASA facilities.

Planning & Development Director Jordon said that he agreed with Mr. Demro that there was redirection of funds toward space exploration and that the overall Bush Administration budget was increasing. He said it was important to note that although NASA was not a jobs program that it was a technology development. He said historically they made huge strides in aeronautics. He said that typically the U.S. Government has moved what was not at NASA's budget into contractors. He said that this meant essentially federal dollars were being spent on aeronautics, but moving it from NASA to private contractors and that those private contractors are typically not in northeastern Ohio. He said NASA Glen is the only NASA center north of the Mason/Dixon line. He said they were developed in the 1960s. He said NASA glen was developed to counter the focus of space centers in the south. He said there was a continuing need for the research.

He said that it also effected 40 families in Lakewood. He said this was taken from an economic impact statement done two years ago. He said there was an estimated 25 contractors in Lakewood also impacted. He said that this meant close to 60 from Lakewood would lose their jobs and was something to look into so that some other private contractor doesn't get those jobs or another NASA Center not located in the area.

Mr. Dunn said he thought this was the role of City Council; to go on record, work with the Congressman and both Ohio senators. He said that there was a direct correlation in terms of drain brain and economic vitality.

Mr. Demro asked Mr. Jordon on what statistics, professional background did he base his statement that there was a need for aeronautics research.

Motion adopted. Six members voting yea.
Mr. Demro voting nay.
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28. RESOLUTION NO. 7968-05 - A RESOLUTION opposing President Bush's proposed job cuts at NASA that would negatively impact the Glenn Research Center as well as cities throughout northeast Ohio. (Pg. 47)

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Resolution No. 7968-05.

Motion adopted. Six members voting yea.
Mr. Demro voting yea.
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29. Communication from Mayor George regarding Proposed CDBG Program Budget Cuts. (Pg. 48)

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

Ms. Madigan commented that this was a good community effort to make Council's voices heard similar to NASA Glenn.

Planning & Development Director Jordon spoke about cuts impacting the community.
He said that he and the Finance Director would be reviewing what the exact cuts would mean to individual departments.

A resident talked against the use of CDBG funds indicating that relying on the government for economic problems was unwise. She said it created situations where there would be a lot of overhead in government.

Mr. Corrigan indicated that there were remaining Finance meetings where every item is being reviewed. He said that he has recognized a surprising deficit at every meeting that not a single taxpayer has appeared to the publicly noticed budget meetings. He said that it would be heard from Council which will include cuts. He said there were considerations being heard and public input was being invited. He said there were not people on Council cheering on tax increases. He said talk of tighter budgets would be heard. He said the mayor has done a valiant effort trying to restrict the Budget and that the employees of the City are well aware of the difficulties. He said it would be a mistake for the citizens to think that the Council or the Administration do not have the individual's pocketbook in mind when decisions were being made.

Mr. Demro wanted to correct a statement that was made from Mr. Corrigan stating there were no taxpayers in attendance. He said that Steve Greenwell was present and that Ellen Snyder has attended several meetings. He said it hasn't been optimal but that there has been representation in the Finance Committee meetings.

Mr. Demro said he opposed the Resolution because the original intention of CDBG was to revitalize distressed neighborhoods. He said that the Hilliard/Madison Triangle would qualify as a distressed neighborhood. He said in Ward 4, Clifton Prado would qualify as a distressed neighborhood. He said that the way the funds are used is the reason why the Bush Administration and Congress have felt the need to reallocate the funds into housing development and to change the ways the money is used. He said they cite four reasons; 1) lack of clarity in the Program's purpose and design, 2) weak targeting of funds by the CDBG formula and by grantees to areas of greatest need, 3) lack of transparent program and performance information and 4) lack of annual output and long term outcome performance measures.

Mr. Demro said the reason why the Program is being reallocated is because it is junk. He said the example of Lakewood, expending funds on streets, and programs like AACCESS that the Mayor recommended cutting and Council reinstated showed there was no uniformity in the Program. He said it was originally intended to target neighborhoods and not plug holes in a City's budget or fund pet projects.

He asked this be referred to Committee.

Mr. Dunn referenced the lean Budget. He said Lakewood has enjoyed a reputation for great City services. He said one of the challenges since Budget Hearings has been the structural imbalance that the City faces. He said the anticipated expenses far outweigh the sources of revenue. He said tough decisions are being made and at the same time trying to build community consensus. He said that the City of Lakewood is very densely populated and that people in the community pay local, state and federal taxes. He said CDBG is a way to ensure that money flows back to Lakewood. He said that money that this community pays in Federal tax needs to be reinvested in Lakewood. He said that something that jeopardized at least half of the City's allotment would have a drastic effect and a devastating effect on the future of our community. He said he would support the resolution.

Mayor George indicated that the Budget sent to Council this year was a $1.4 million dollar reduction in expenditures. He said that in 1974 the Programs initiated under President Nixon and funded through President Bush, Reagan and have enjoyed bi-partisan support.

A resident stood in support of the citizens group that he stated wisely allotted CDBG funds and that members were fiscal conservatives. He said that it was important to have unanimous support of the resolution.

Mr. Demro said that part of the reason the CDBG funds were delegated to the CAC was because Council was a full-time job. He said that Council has changed some of the recommendations that come out of the CAC. He said that a review of the programs was necessary. He said in the same way, the Bush Administration has reviewed their budget. He said Council should not be entering the Bush Administration's budget discussions.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to call the question.
Motion adopted. Six members voting yea.
Mr. Demro voting nay

Mr. Corrigan indicated he would appreciate the Chair admonish Mr. Demro to stop using the Council platform for his own political agendas and that of the White House. He said he was sick and tired of Mr. Demro preaching about federal policies when the issues are local.

Mr. Demro said that in general he objected to interfering with the Federal process.
On the motion, (to receive and file)

Mr. FitzGerald indicated that he wanted to address the ACCESS Program indicating that for some reason in a big budget an $8,000 expenditure for an Arab-American group has for some reason become a cause of great concern to people. He said there was a lot of grandstanding going on. He addressed Mr. Demro indicating that Mr. Demro said he was not going to be in favor and that you were going to vote against the appropriation for ACCESS. He said people from ACCESS who live in the community; doctors, lawyers, came down and made their case and that Mr. Demro did not ask a single question. He said then Mr. Demro voted for it and was not coming here and wondering why it's going on. He said that Mr. Demro was voting for things when people were there to answer questions and then later saying he was opposed. He said Mr. Demro needed to be consistent and if he wanted to be opposed to things to ask when the people are present.

Motion adopted. Six members voting yea.
Mr. Demro not voting.
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30. RESOLUTION NO. 7969-05 - A RESOLUTION opposing President Bush's proposed cutting of the CDBG Program and other programs vital to the community of Lakewood. (Pg. 49)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 7969-05.

Mr. Demro indicated he was not opposed to ACCESS. He said it could be the millions of dollars that trapped in various programs, regarding the investment in homes. He said it was not specifically this program. He said he could go from one to the next.

Motion adopted. Six members voting yea.
Mr. Demro voting nay.
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31. Communication from Mayor George regarding Ohio Bureau of Workers' Compensation Safety Grant. (Pg. 50)

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

Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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32. RESOLUTION NO. 7970-05 - AN EMERGENCY RESOLUTION authorizing the Mayor as Director of Public Safety, on behalf of the City, to enter into an Agreement with the Ohio Bureau of Workers' Compensation to accept and expend funds to purchase Stryker Stair-Pro Stairchairs and related equipment in the amount of $9,816.00 with the City matching funds in the amount of $2,454.00. (Pg. 51)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7970-05.

Motion adopted. All members voting yea.
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33. Communication from Finance Director Nogalo regarding ATM Machine. (Pg. 52)

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

Motion adopted. All members voting yea.
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34. ORDINANCE NO. 17-05 - AN EMERGENCY ORDINANCE requesting Council's specific approval of and authorizing the Mayor to enter into a Lease Agreement with National City Bank for approximately twenty-five (25) square feet of real property located at 12650 Detroit Avenue, Lakewood, Ohio for use by National City Bank for the placement of an Automated Teller Machine for the convenience of residents and employees in accordance with Lakewood Codified Ordinance §111.04(a)(4). (Pg. 53)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Ordinance No. 17-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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35. Liquor Permit Application for D5 and D6 transfers to Great Lakes Restaurant Development LLC, d/b/a Maria's, 11822 Detroit Avenue, Lakewood, Ohio 44107 from Marias Restaurant and Lounge Inc. d/b/a Marias Roman Room, same address. (Pg. 64)

Motion by Mr. Corrigan, seconded by MR. Seelie, to defer action on this liquor permit.

Motion adopted. All members voting yea.
… .

36. Liquor Permit application for D1, D2, D3 and D6 transfers to TAV Maximus Inc, 12401 Madison Avenue, Lakewood, OH 44107 from Stepp Inc. d/b/a Madison Tavern; same address. (Pg. 65)

Motion by Mr. Corrigan, seconded by Ms. Madigan to defer action on this liquor permit.

Motion adopted. All members voting yea.
… .

Meeting adjourned at 10:11 P.M.