Regular Meeting of the Lakewood City Council called to order at 7:42P.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 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 Jordan, Human Services Director Buckon, Mayor's Executive Assistant Novak;

Reading and disposal of the Minutes of the Special Meeting of Council held March 1, 2005.

Motion by Mr. Seelie, seconded by Mr. Corrigan, to approve the minutes without the necessity of a reading.

Motion adopted. Six members voting yea.
Mr. Demro abstains.
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Without objection from Council, Item 26, 27, 28, are brought forward and read first in the agenda order.

****OLD BUSINESS****
1. Finance Committee Verbal Report regarding Ordinance No. 6-05 - Appropriations Ordinance - 2005.
Mr. FitzGerald submitted the following report:
Members of Council and Public, we convened the Finance Committee this evening what turned out to be the last in our series of Budget Hearings. Let me summarize for you the best I can the outcome of tonight's meeting and where we left things off as of our last budget hearing last Tuesday night. The budget as it was presented outlined appropriations for all the different departments. It left the City with a budget which was technically balanced. The Administration initially made a proposal that there would be additional cuts which it wanted City Council to consider at the end of April - April 29th because of anticipated shortfall in revenue. To kind of summarize the entire budget process we went through each and every department; each and every department made their specific requests to us and justified their expenditures. What we tried to do a little bit differently in this year's budget hearings is look at some of longer trends that have been going on; going back twenty years or so and to how we got to where we are today, because where we are today is where our expenditures are outstripping out income. This was the year where finally the rubber meets the road so to speak and we were going to start running in the near future a deficit although not this year, we were starting to eat away at our reserves. Our reserves which were a few million dollars as of a few years ago have been slowly or not so slowly eroding since that time for a variety of factors; because income wasn't growing as fast, because different state and federal funds had been cut, because our personnel costs continue to grow because of the increase in the health care expenditures which is something that every institution in the country is facing. After all the budget presentations were over with and we had made some suggestions for some specific cuts which are also reflected in the Budget resolution this evening. After all of that was over there were two areas of consensus that came out from City Council. There were as follows; First of all that we didn't want to put off reckoning with the City's budget any further and we wanted to make additional cuts or demand that the Administration make additional cuts now as oppose to later. We wanted to do it in a responsible way but we wanted that process to begin immediately on top of the cuts that had already been made of anticipated expenditures previously by the Administration. And secondly, that members of Council there was a consensus that they wanted to do something additional for street repair, that we wanted to take whatever savings we could find out of the budget and fund additional street repair to the extent that it was possible; not that we were going to fix our structural imbalance fiscally in one year and not that we were going to be able to fix every street this year but that we would at least make progress in those two areas. Last Tuesday night, after a lot of discussion; there were originally discussion from Council that there should be cuts made from anywhere from 2% to 7% of the General Fund Budget. The General Fund Budget being approximately $35million. Eventually Council agreed on the figure of 2%, that 2% would be cut out of the General Fund, that we would be forcing some efficiencies thereby in some cuts in the general operating budget of the City and that we would take that 2% and we would put it in street repair so that an additional 2 or 3 streets could be repaired this calendar year. That was our challenge to the Administration and there was a lot of heated debate about it but the bottom line is that this evening we received a budget which does cut about 2%, a little bit more than 2% out of the General Fund Budget. It results in an amount of a little over $700,000 and those funds are then put in the street repair so that an additional 2-3 streets are going to be repaired this year in addition to the other streets that were already designated as slated for repair this year.

There are specifics of how these funds were cut but I would say in general, and I'm not going to go through each and every department but their were cuts in many of the city departments, with savings coming from reducing the amount of sick time appropriations and probably the biggest area of savings would be in not replacing personnel with positions that were temporarily vacant. In other words, not filling temporary vacancies and making them more permanent vacancies. A recurring theme that's gone on over and over again in Budget Hearings is that roughly 85% of our costs are personnel so when we talk about saving money or trying to reduce expenditures for the City, we come back over and over again to personnel which makes it a difficult decision too because you're talking about people's livelihoods so it's not an easy decision to make but there was a consensus on Council that that's the direction that we're going to have to go and that this was the year to start doing that.

We had an amended Budget, there are substitute ordinances on here this evening. The $700,000 which is going into street repair - the additional streets which will be repaired have not been designated as of this evening; they will be designated in the short-term. There is a list of 8 streets which have been tentatively identified as being within our price range to be able to fix and meet the different parameters that have been set out which can be fixed and our candidates for that additional $700,000's worth of street repair.

In sum, we went through a long process, an arduous process, it was contentious at times but I think City Council did its due diligence. I would also be remiss if I didn't note that we were always looking as we were going through the Budget process trying to look to the long-term, not just the short term budget challenge that we face. We spent a lot of time about what can be done in the future about restructuring Lakewood City Government and to that end and Councilman Dunn deserves credit for this we ended up funding a proposal called City-stat which its goal is to systematically examine the function of each department of city government step by step. In particular, each and every expenditure which department makes has to be justified through a certain process which City-stat sets up. That's our attempt to be supportive of an effort to rationally scale back government as much as possible so that it's not just an across the board cut or just saying okay well each area is going to be cut exactly equally but that there's a rational decision making process that goes on, because this is going to continue. This isn't a situation that we've had in previous years where you have a bump in the road and you have to make some tough decisions for one year and then you can pretty much go back to business as usual. We're going to be back here again next year making the same kinds of decisions where expenditures are going to have to be reduced and infrastructure is going to have to be increased. We don't want to just return to that each year in and year out without doing some proper planning.

That basically sums up the budget process as it unfolded this year. We are going to be able to present a balanced budget this evening. It doesn't do everything that everybody would want and I wouldn't say everybody's completely happy with it but it's a product of compromise and again we think it meets two basic goals; It reduces our general expenditures but it puts the savings into our capital street repair project. Those are the two goals that we set out to do and we managed to accomplish that this year.
Motion by Mr. FitzGerald, seconded by Mr. Dever, to receive and file the verbal report.
Mayor George noted that that the Budget submitted November 15, 2003, had a structural imbalance of about $3 million. He said that the Administration proposed to Council a Budget with a structural imbalance of about $900,000. He said that with the help of Council and with scrutinizing every City expense he was confident the structural imbalance will be rectified in the near future.
Councilmember Corrigan commented that the City of Lakewood employees are widely recognized by citizens as hard working, dedicated to their jobs. He said that the decisions made by Council and the efforts to push some cuts in the Budget were difficult decisions but necessary. He said he wanted to especially recognize the Administration for the detailed responses provided the Administration throughout the process. Councilmember Corrigan also wanted to recognize Judge Carroll and the Lakewood Court for cutting their budget by 5% bring the overall City budget into shape. He said that was a valiant effort made by the Court which he said was widely known in the legal community as being a very effective court, is fair and works hard to provide excellent service.

Councilmember Corrigan addressed the resident indicating that the regional, economic picture was something that did not look brighter and that if what is believed in the paper, there are difficult days ahead but that Council was dedicated to working with the Mayor to making things work out well for Lakewood.
Councilmember Dunn thanked the Chair of the Finance Committee. He commented that the hearings this year were unique from past years; stating economic circumstances required that there be more of them. He said he stated at the beginning that there needed to be reform and a change in the paradigm and thinking from past years to now entertain big ideas. He said this was a start and there was a lot more work to be done.
Motion adopted. All members voting yea.
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2. 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, 2ND READING 2/22/05)(Pg. 5)

Mr. FitzGerald indicated that the Finance Committee unanimously recommended adoption of the substitute ordinance.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to substitute as amended Ordinance 6-05
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie.
Nays: None
Motion adopted. Ordinance No. 6-05 substituted

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 6-05 as amended.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 6-05 adopted as amended.
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3. Finance Committee Verbal Report regarding Ordinance No. 7-05 - Transfer of Certain Funds.

Mr. FitzGerald submitted the following report:

This is just a corollary to the budget process; Ordinance No. 7-05 is the transfers in and transfers out from the General Fund to the various capital projects funds and so forth. It reflects by the way the $716,421 which is going into the Capital Fund for street repair. We also have a substitute ordinance for this - Ordinance 7-05 reflecting those changes.
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4. 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, 2ND READING 2/22/05)(Pg. 6)

Motion by Mr. FitzGerald, seconded by Mr. Dever, substitute Ordinance No. 7-05.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 7-05 substituted.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 7-05 as substituted.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 7-05 adopted as substituted.
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5. Finance Committee Verbal Report regarding Ordinance 8-05 - Buildings & Facilities Improvements.
Mr. FitzGerald submitted the following report:
This is again a corollary to our budget legislation this evening. The substituted amendment 8-05 has to do with amendments to the Capital Fund which we made during budget hearings.
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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6. 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, 2ND READING 2/22/05)(Pg. 7)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to substitute Ordinance No. 8-05.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No. 8-05 - substituted.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 8-05 as amended.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No. 8-05 adopted as substituted.
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7. Finance Committee Verbal Report regarding Ordinance 9-05 - Building and Facilities.

Mr. FitzGerald, submitted the following report:

The Finance Committee also met on this having to do with the funds regarding the architectural and construction services and the Committee recommended unanimously that it be proposed as written.

Motion by Mr. FitzGerald, seconded by Ms. Madigan, to receive and file the report.
Motion adopted. All members voting yea.
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8. 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, 2nd READING 2/22/05) (Pg.8)
Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 9-05.

Motion adopted. All members voting yea.
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9. Finance Committee Verbal Report regarding Ordinance 10-05 - Park Improvements.

Mr. FitzGerald submitted the following report:

We had extensive hearings on this and also public meetings regarding the anticipated park improvements scheduled for 2005 and there haven't been any amendments or substitutions to this either so the Finance Committee has previously suggested its adoption by the Council this evening.

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

Motion adopted. All members voting yea.
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10. 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, 2nd READING 2/22/05)(Pg. 9)
Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 10-05.

Motion adopted. All members voting yea.
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11. Finance Committee Verbal Report regarding Ordinance 11-05 - Infrastructure Improvements.

Mr. FitzGerald submitted the following report:

As I stated previously, there's a substituted ordinance for the infrastructure improvements and it reflections the additional $716,421 which Council has put into the street repair program this year. Again the Finance Committee recommended its adoption by the full Council this evening.

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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12. 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, 2ND READING 2/22/05)(Pg. 10)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to substitute Ordinance No. 11-05.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 11-05 as substituted.

Mr. Demro stated that he was not comfortable putting $716,000 (+) and not specifying which streets. He stated that between the Finance Committee Meeting and the Meeting of Council a list of streets was provided by the City Engineer and estimated costs to replace those streets. Mr. Demro said he did an estimated calculation and found that there were two combinations of streets that the City could afford that come to either $710,000 or $700,000. He said that there are no other combination of streets that could be paved with those funds. He stated that as long as there is a guarantee that the Public Works Committee would convene soon; within next 2-4 weeks to decide these streets, he would be willing to vote in favor. He said he would like that guarantee.

Mr. FitzGerald responded that he did not think someone would provide a guarantee but that one of the discussions was that if $716,000 was appropriated for street repair, there would be a meeting in the near future so Council could deliberate on the issue. He said he didn't want to hold the whole budget up. He said good points have been raised regarding the street repair formula and that he thought there were appropriate questions to review. He said he didn't know it could be done in time with the holiday before March 31st. He said he thought the appropriate thing to do was to appropriate the money, put it in street repair and then have meetings as soon as possible. He said it was his understanding with the Public Works Chair that there would be meetings in the near future.

Mr. Dever added that eight streets have been mapped out by the City Engineer that would meet the criteria to get done this year. He said that they would be meeting in the near future. He said he did not agree with Mr. Demro's assertions that there two scenarios for the street reconstruction. He said he wanted to discuss this further in Committee. He said that as the City Engineer stated, that the streets could be completed this year.

Mr. Demro indicated that on the list of eight streets - one is listed at $1.4 million. He stated this is money the City doesn't' have and he didn't know where the money would come for that. He stated this makes the list seven streets. He said of those seven, the City Engineer was not recommending Woodward between Madison and Hilliard because of a school being constructed there. He said this would now be six streets. He said if these were added together in different combinations with a limit of $716,000 to spend it would be easy to find out which streets are being earmarked.

Mr. FitzGerald indicated that the City was not limited to those streets, that other streets could be added onto the list besides those six.

To adopt as substituted.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 11-05 adopted as substituted.
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13. Finance Committee Verbal Report regarding Ordinance 12-05 - Vehicles and Equipment.

Mr. FitzGerald, submitted the following report:

This is another corollary piece of legislation under the Budget Hearings. The biggest addition or deletion I can recall there was equipment which we deleted the appropriation for to the tune of about $80,000. That's the biggest change that I can think of in the equipment area.

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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14. 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 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, 2ND READING 2/22/05)(Pg.11)

Motion by Mr. FitzGerald, seconded by Mr. Ordinance, to substitute Ordinance No. 12-05.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No. 12-05 substituted.

Motion by Mr. FitzGerald, seconded by Mr. Seelie to adopt Ordinance No. 12-05 as substituted.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No. 12-05 adopted as substituted.
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15. Finance Committee Verbal Report regarding Ordinance 17-05 - ATM Machine at City Hall.

Mr. FitzGerald, submitted the following report:

We met regarding the installation of an ATM at City Hall for the convenience of constituents when they come down and pay whatever it is they pay here. There was a short presentation from National City Bank; they are proposing a three year lease agreement with the City. We asked how many banks have been spoken to; Fifth Third, and National City Bank were the two that had been solicited for proposals. The Committee asked if it would be possible to solicit additional financial institutions before we signed a three year agreement. National City Bank was amenable to that, so was the Finance Department and we are moving to defer this until our next Council Meeting.

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

Motion adopted. All members voting yea.
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Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to receive, file and refer the verbal report to the Finance Committee.

Motion adopted. All members voting yea.
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16. 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). (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/22/05, 2ND READING 3/7/05)(Pg. 12)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to receive, file and refer back to the Finance Committee.

Motion adopted. All members voting yea.
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17. Public Safety Committee Verbal Report regarding Ordinance No. 19-05 - Trading Fire Equipment for Training.
Mr. Corrigan submitted the following report:
The Public Safety Committee met this evening wanting to address two issues on the agenda. One was the communication from my chair regarding an update on a motor vehicle safety ordinances as it applies to motor scooters and other motor operated implements. That is still being addressed by the legal department and we expect an ordinance for rough draft within four weeks. The second issue on the agenda was from Mayor George was regarding trade fire equipment for Cuyahoga County Community College SCBA training. The proposed trade is codified in proposed Ordinance 19-05 in which we will trade our fully depreciated and useless fire equipment in exchange for $4,800 worth of education and training from Tri-C. Chief Mroz was very positive about this and it was unanimously approved that we take this step in favor of training for the City. The Committee voted to approve ordinance 19-05.
Motion by Mr. Corrigan, seconded by Mr. Seelie, to receive and file the report.
Motion adopted. Six members voting yea.
Mr. Demro absent for vote.
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18. ORDINANCE NO. 19-05 - AN ORDINANCE authorizing the Mayor, as Director of Public Safety, to enter into an agreement and to trade various surplus/obsolete Self Contained Breathing Apparatus (SCBA) equipment to Cuyahoga Community College in exchange for $4,800 in fire fighting related courses over a two-year period. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 3/7/05). (Pg. 18)

Mr. Corrigan indicated that he wanted to move to suspend the rules so the Ordinance could be enacted immediately

Motion by Mr. Corrigan, seconded by Mr. Seelie to suspend the rules requiring this be read on three separate days and placing Ordinance No. 19-05 on final reading.

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

Motion by Mr. Seelie, seconded by Mr. Corrigan to adopt Ordinance No. 19-05
Yeas: Corrigan, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Mr. Demro absent for vote
Motion adopted. Ordinance No. 19-5 adopted.
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19. Public Safety Committee Verbal Report regarding Revision/Update Motor Vehicles Ordinance (Mini Motor cycles/scooters)

(addressed in previous report)

20. ORDINANCE NO. 18-05 - AN ORDINANCE creating the Department of Human Resources and position of Director of Human Resources. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 3/7/05) (Pg. 19)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 18-05 on 2nd reading.

A resident spoke against creating the position of Human Resources Director stating that the financial difficulties spoken of earlier would not be conducive to hiring an new employee..

Mr. Seelie stated that Lakewood has over 600 employees with several unions. He asked if the issue warranted review for if carrying out at least $4.5 million in medical benefits, various employment categories and various salary bands and work with the Civil Service Board. The resident responded that the functions have been recently carried out. Mr. Seelie stated that he believed a City the size of Lakewood needed an individual who was a personnel administrator and that it also be an appointed position. He said there were too many complexities in the workplace from discrimination complaints, classification, employee relations, labor relations and others. He said that there could not be two individual, clerical people running that. He said there needed to be someone in the lead who could put together the handbooks and the type of information necessary for the day to day operations but also for future training and innovations. He said the position was especially necessary to address the issue of redistributing the work load because of the reduction in the number of employees.

The resident responded that the position had been open for a year and if it would be possible because of the economic outlook to go another year without filling the position.

Mr. Dunn said that there was an argument to made that a Human Resource professional was important for the future of the City to deal with some of the complexities with unions and other issues. Mr. Dunn requested that consideration be given to outsourcing this type of position in the context of regionalism. He said there was a present need and it was a need that was going unattended presently.

Mr. FitzGerald indicated there was a discussion about the issue previously and that it was represented that that the current budget did not represent the creation of the department; separate, cabinet level department. He indicated that he agreed that the goal is to keep zero growth as far as the number of employees.

Mr. Demro indicated that he agreed there was value in having the position filled. He asked if the position of the previous administrator was eliminated.

Mayor George responded that the position currently existed. He stated if the position becomes unclassified than the other position of Administrator would not be filled and would be abolished. He said that position had been vacant for about five months. He stated that he believed there would have to be a full time director for that position.

Mr. Demro indicated that he appreciated the fact that there should be an administrator. He said the person chose should be an administrator. He said he did not think that person should be a political appointee in that it would be straying form Civil Service in doing that and that he would be opposed to the creation of the department.

Mayor George indicated that the Charter Review Commission strongly urged that the position be unclassified.

Council President Seelie indicated that approximately 15-16 years ago the position was unclassified and was a politically appointed position. He said that the position was classified to save a specific person's job to have enough time to retire. He said this happens too much in government. He said it was more appropriate to have the position correspond to a specific Administration as an appointed position.

Councilmember Corrigan stated that creation of the position was critical because there were only three areas of growing legislation in the nation. He said these included bankruptcy, nursing home litigation and employee practices liability. He said this was a clear area the Administration needed to work on and that it came up during budget hearings. He said it was important to set up review processes for employees and install training on the issues of discrimination, sexual harassment, the Disability Act and other issues. He said he believed that establishing this position was critical for the City.

Mr. Demro indicated that an argument could be made that any employee who isn't following the policies or performing at the level expected could be eliminated and would make the case to eliminate civil service. He addressed Mr. Corrigan's comments about growing legal tension in the employee area indicating that a political appointee would not be the right person to be placed in that position. He said it should be someone who was required as an Administrator under Civil Service would be to have certain qualifications.

Council President Seelie responded that there was a fiduciary responsibility that an appointing authority would have.

A resident indicated that a Civil Service position would allow someone to be more independent.

Council President Seelie indicated that a Director's position meant more accountability because at anytime that person could be fired by the mayor.

Motion adopted. All members voting yea.
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21. Liquor Permit Application for C1, C2 and D6 transfers to Tom T Kytzu & Tatiana E Kytzu d/b/a Toms Deli, 12900 Lake Avenue Unit 3E Basement, Lakewood, Ohio from Carlyle Concierge d/b/a B GS Deli, same address. (DEFERRED 3/7/05) (Pg. 21)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to file no objection.
Motion adopted. All members voting yea.
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22. Liquor Permit Application for D1, D2, D3, D3A transfers to Rosebrian Inc, d/b/a Red Rose Café, 14810 Madison Avenue, Lakewood, Ohio 44107 from Equus Mane Inc, same address. (DEFERRED 3/7/05) (Pg. Pg. 22)

Motion by Mr. Corrigan, seconded by Mr. Demro, to file no objection.
Motion adopted. All members voting yea.
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23. Liquor Permit Application for new C1 and C2 permit classes to Lakewood Julien inc. d/b/a Julien Shell, 11701 Clifton Blvd, Lakewood, Ohio. (DEFERRED 3/7/05) (Pg. 23)

Motion by Mr. Corrigan, seconded by Ms. Madigan, to file no objection.
Motion adopted. All members voting yea.

****NEW BUSINESS****

24. Communication from President Seelie regarding Extending Time for Report from the Clean Indoor Air Commission. (Pr. 24)

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

Motion adopted. All members voting yea.
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25. RESOLUTION NO. 7973-05 - A RESOLUTION amending Resolution 7961-05, by extending the time for action by the Clean Air Commission to complete their study from March 31, 2005 to April 28, 2005. (Pg. 250

Motion by Mr. Seelie, seconded by Mr. Dever to adopt Resolution No. 7973-05.

There was a discussion on what Council's expectations of the Commission were. Council President Seelie stated that he had related to the Chair of the Commission that they could come back with a recommendation to ban smoking altogether, some combination of that or a recommendation that nothing be done. He said that a list of those could be provided with the final recommendation coming from Council. He said there was a probability that the State of Ohio would be putting the issue on the ballot in the Fall.

26. Communication from Councilmember Corrigan regarding Resolution Honoring Joe Kunzelman. (Pg. 26)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to receive and file the communication.
Motion adopted. All members voting yea.
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27. RESOLUTION NO. 7974-05 - A RESOLUTION to honor Joe Kunzelman, staff member of the Lakewood Senior Center West, for saving the life of Calvin Wright. (Pg. 27)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to adopt Resolution No. 7974-05.

Motion adopted. All members voting yea.
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28. Communication from Councilmember Madigan regarding Taft Elementary's Youth For Justice". (Pg. 28)

Ms. Madigan added comments regarding Ohio Youth for Justice indicating it is a locally designed, planned and implemented program that is part of a national effort to promote safe and drug free schools and communities. She stated that teams of middle school students throughout Ohio research problems of violence in their schools or communities and work with elected officials, school board administrators to implement their solutions. She stated that tonight there was a group of students with their teacher, Mrs. Julie Lent and their moderator, Priscilla Goodwin.

Motion by Ms. Madigan, seconded by Mr. FitzGerald, to receive and file the communication and to have it transcribed into the record.

Motion adopted. All members voting yea.

Transcription:

Comments of the TAFT YOUTH FOR JUSTICE TEAM members were entered upon the record as follows:

Our project is on animal welfare. This part of our project is called KARE, which stands for Kids for animal Respect and Education. Our goal is to let our community know how serious animal cruelty is.

The other part of our project is called P.A.W.S. which sands for Providing Animal welfare Solutions. We have raised $128 so far and are collecting items for the local animal shelters. We are putting on an assembly for our school to teach them more about caring for pets and are having a big fundraiser in April with a dog wash and bake sale.

Research shows that animal cruelty is linked to violence in the home. According to the First Strike Campaign, 85% of women polled in domestic violence shelters who owned pets reported that their pets were harmed.

Pets in homes where there is violence are at risk of being hared or used as a way to threaten family members. Some victims of domestic violence are afraid to leave their homes because they are afraid that their pets will be hurt or killed.
Children who are mean to animals may be mean to other children. They are sometimes the victims of abuse at home. Sometimes it is because they are imitating what they have seen and sometimes they are taking out their feelings of anger and helplessness on something that is weaker and more trusting. A 2001 report by the Humane Society says that 20% of animal cruelty cases in the United States involved teens.

Lakewood Codified Ordinance number 505.09 defines animal cruelty as torturing, mutilating or killing an animal. The penalty is a misdemeanor in the first degree, which carries the same penalty as a speeding ticket. The maximum penalty is a $250 fine and 30 days in prison.

In Lakewood, animal cruelty is also defined as confining an animal or depriving it of food, water, shelter, or proper exercise. Many people abuse animals because they don't know better, but the penalty is the same as for killing or torturing an animal. According to Officer Hearn of the Rocky River Animal Control, the laws regarding animal cruelty are vague and not very strict.

In Lakewood, there are about 50to 60 cases of animal cruelty a year that are reported to Animal Control. About 10 animals a year are removed from their homes because of abuse or neglect. That could mean 50 children coming to school angry or sad. They could take it out on the other students or their teachers. It is also hard for them to concentrate on their school work.

According to Lakewood Human Services, there are no specific questions on their protocol about animals in the homes of domestic violence or child abuse cases. Unless there is obviously an animal in distress, law enforcement officers do not call Animal Control. Pets could be in danger and no one would know.

According to the Human Society, a good anti-cruelty law should apply o all animals, apply o first time offenders, and carry stiff penalties and jail time. In Ohio, animal cruelty doesn't become a felony unless the animal is worth at least $300.

A bill pending in the New York State Assembling provides for cross-reporting of animal cruelty, child abuse, and domestic violence. The purpose it to increase communication between law enforcement, social services and humane investigations about violent acts against both animals and people.

Based on the information we have gathered, we are requesting the assistance of the City Council in addressing violence in our community. We are asking for you to consider stricter laws and penalties for animal abusers.

We are asking City Council to consider passing a law that requires law enforcement, social services and animal control to report cases to each other. According to Officer Stewart of the Lakewood Animal Control, it would be helpful if an animal Control Officers were called to the scene of domestic violence or child abuse when there is an animal present because a follow-up visit is more dangerous for them.

We are asking city council for specific questions about pets in the home to be put on the protocol for law enforcement and social services when they are interviewing victims of domestic violence or child abuse.

We have asked judge Carroll to use his position to send a message to our community that animal cruelty is serious. We requested that animal abusers be required to pay the maximum fine and serve the maximum prison term allowed by state law for their crimes and be required to attend counseling.

We are asking City Council to review these issues and request in committee. On behalf of the entire team, I thank you for the opportunity to present our research. We also thank Officer Hearn, Officer Stewart, Councilwoman Madigan, Judge Carroll, and Mrs. Hagan (sic) for their help.

To receive and file the communication, and have it transcribed into the record.
Motion adopted. All members voting yea.
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29. Communication from Councilmember Madigan regarding Opposing Governor Taft's Proposed $5.00 Parking Entrance Fee to State Parks. (Pg. 29)

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

Motion adopted. All members voting yea.
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30. RESOLUTION NO. 7975-05 - A RESOLUTION requesting Governor Bob Taft, Ohio Budget Director Tom Johnson and Ohio Department of natural Resources Director Samuel Speck to reconsider a proposed $5.00 entrance/parking fee on state parks. (Pg. 30)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7975-05.
Motion adopted. Six members voting yea.
Mr. Demro voting nay.
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31. Communication from Police Chief Malley regarding Byrne Justice Assistance Grant. (Pg. 31)

Motion by Mr. Dever, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. All members voting yea.
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32. RESOLUTION NO. 7976-05 - 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, currently estimated at $10,000, from the Cuyahoga County Board of Commissioners/Criminal Justice Services Agency and Supervisory Board (BOCC/CISA) from the U.S. Department of Justice Byrne Justice Assistance Grants (JAG) and to match funds in the greater amount of $2,500 or twenty-five percent (25%) of the total award. (Pg. 32)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to adopt Resolution No. 7976-05.
Motion adopted. All members voting yea.

Add-Ons (items 33 & 34)

33. Communication from Councilmember Madigan regarding Wes 1`7th Corridor Economic Vitality.

Motion by Ms. Madigan, seconded by Mr. FitzGerald, to receive and fie the communication.

Motion adopted. All members voting yea.
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34. Liquor Permit Application for D2, D2X, D3 and D3A transfers to RIZZO LANE LLC d/b/a Caseys Tavern 13601-03 Detroit Avenue Lakewood, Ohio from Skeeterboys LLC d/b/a Mad Anthonys Tavern same address.

Motion by Mr. Corrrigan, seconded by Mr. Seelie, to file no objection.
Motion adopted. All members voting yea.
… .

Motion by Mr. Seelie, seconded by Mr. Dever, to adjourn the meeting.
Motion adopted. All members voting yea.
Meeting adjourned 9:23 PM