Regular Meeting of the Lakewood City Council called to order at 7:34 P.M. by President Seelie.
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Present: Councilmembers Patrick S. Corrigan, Ryan Patrick Demro, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Mary Louise Madigan, Robert M. Seelie.
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Also Present: Mayor George, Law Director Corrigan, Finance Director Nogalo, Police Chief Malley, Fire Chief Mroz, Public Works Director Beno, Assistant Safety Director of the Division of Building Fitzgerald, Planning & Development Director Jordan, Human Services Director Buckon, Human Resources Director Novak.

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Reading and disposal of the Minutes of the Regular Meeting of Council held , 2005.

Motion by Mr. Seelie, seconded by Mr. Demro, to defer the minutes.

Motion adopted. All members voting yea.
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Without objection from Council, Items 14, 15 and 11were read first in the agenda order.

1. Verbal report from Finance Committee regarding Ordinances 81-05, 83-05, 85-05 and proposed Resolution 8023-05.

Mr. FitzGerald submitted the following report:

Your Finance Committee met this evening regarding 81-05, 83-05, 85-05 and proposed Resolution 8023-05.

All members of your Finance Committee were present. I’ll go through these sequentially, 81-05 is the City’s contribution to a joint project with the City of Lakewood and the City of Cleveland to replace some of the concrete on Fischer Road with brick repair work and the Committee voted unanimously for that to be approved this evening with a suspension of the rules so that the construction process could begin immediately.

Ordinance 83-05 is an ordinance authorizing the appropriation of $60,000 to LCPI which is Lakewood Community Progress Incorporated. It’s a 501C-3 Community Development Corporation that was started I believe in 2002 or early 2003. The funds are spread out over two years and will be going for a number of things but mainly for the hiring and retention of full-time staff so that the various programs which LCPI has been discussion and championing such as the Main Street program can be implemented with full-time staff and again the Finance Committee recommended unanimously that that be adopted this evening.

Ordinance 85-05 is again an authorization from the CDBG funds for the improvements at the former Senior Center west, now the Robert and Kathleen Lawther Center for basically ADA type improvements to the facility which are authorized under the CDBG guidelines for approximately $125,000 and again it was also recommended that be passed this evening with the suspension of the rules, that the architectural and bidding process can begin without delay.

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to receive and file the verbal report.
Mr. Dunn commented that the Lakewood Chamber of Commerce is a partner of LCPI and that because he was a board member of the Chamber of Commerce he sought the Law Director’s opinion as to if there was a real or an appearance of a conflict of interest. Mr. Dunn indicated that Law Director Corrigan indicated that there was no conflict to vote and that he would vote in support.

Mr. FitzGerald added Resolution 8023-05 – he said that last Tuesday the Finance Committee met on that item, that there was a written report he authored and that Councilmember should have. He said it was the annual process whereby the City must submit to Cuyahoga County an estimated tax budget for the following year to be submitted by the end of September. He said it is a preview of next year’s budget. He said it showed a balanced budget without any estimations of increased tax revenues or drastic measures such as layoffs or reduced work hours. He said there have been some increases in areas, as well as natural attrition of the workforce that has helped the budget.

Motion by Mr. Dunn added that it was important to underscore that economists were predicting that the region would be in decline and that this would have an effect on tax receipts. He said that there were reasons for short term relieve but that going forward it was still recognized that the City did not have a capital budget and that this reinforces the need for the community to support Issue 14.
Motion adopted. All members voting yea.
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2. ORDINANCE NO. 81-05 – AN EMERGENCY ORDINANCE declaring the repair of the brick surface of Fisher Road from West 159th Street to Rocky River Drive in the Cities of Lakewood and Cleveland to be in the public interest, granting consent to the City of Cleveland to construct the above described improvement, in accordance with plans, specifications and estimates as approved by the Director of Public Works for the City of Lakewood, and authorizing the Mayor of the City of Lakewood to enter into agreements with the City of Cleveland necessary to complete the planning and construction of this improvement in an amount not to exceed $55,000.(PLACED ON 1st READING & REFERRED TO THE FINANCE COMMITTEE 9/6/05) (Pg. 5)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 81-05 on final reading.

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

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 81-05.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie,
Nays: None
Ordinance No. 81-05 adopted.
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3. ORDINANCE NO. 83-05 – AN ORDINANCE authorizing the Mayor or his designee to enter into agreement(s) with Lakewood Community Progress Incorporated for the Main Street Initiative in an amount of Sixty Thousand Dollars ($60,000.00) to be provided in two annual amounts of Thirty Thousand Dollars ($30,000). .(PLACED ON 1st READING & REFERRED TO THE FINANCE COMMITTEE 9/6/05) (Pg. 7)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 83-05 on 2nd Reading.
Motion adopted. All members voting yea.
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4. ORDINANCE NO. 85-05 – AN EMERGENCY ORDINANCE authorizing the expenditure of Community Development Block Grant funds (CDBG) in the amount of One Hundred Twenty Five Thousand dollars ($125,000.00) to undertake several physical improvements at the Kathleen and Robert Lawther Center (formerly “Senior Center West”). .(PLACED ON 1st READING & REFERRED TO THE FINANCE COMMITTEE 9/6/05) (Pg.8)
Motion by Mr. FitzGerald, seconded by Mr. Dever, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 85-05 on final reading.

Yeas; Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie.
Nays: None
Motion adopted. Rules suspended.
Motion by Mr. FitzGerald, seconded by Mr. Deer, to adopt Ordinance No. 85-05.
Yeas; Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie.
Nays: None
Motion adopted. Ordinance No. 85-05 adopted.
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5. RESOLUTION NO. 8023-05 – AN EMERGENCY RESOLUTION approving the Tax Budget of the City of Lakewood, State of Ohio for the year 2006, and authorizing the filing of same with the Auditor of Cuyahoga County. .(PLACED ON 1st READING & REFERRED TO THE FINANCE COMMITTEE 9/6/05) (Pg. 9)
Motion by Mr. FitzGerald, seconded by Mr. Seelie, to adopt Resolution No. 8023-05.
Motion adopted. All members voting yea.
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6. Verbal report from Public works Committee regarding proposed Ordinances 82-05 and 84-05.
Mr. Dever submitted the following report:
82-05. This is for the City to make approval to use the Motor Vehicle License Tax funds for structural steel repairs underneath the Lake Avenue Bridge going over the Rocky River. No City funds will be utilized on this. This project would be administered by the Ohio Department of Transportation and basically it entails fixing some access points going into that bridge so if there needs to be repairs, they have access to it. That will be placed on second reading and refer it back to Committee.

Ordinance 84-05 – deals with the allocation of CDBG dollars that were initially earmarked for the Sloane Project but now that we have utilized Issue II Funds over there we have these funds available and this is for the handicapped ramp basically going down around the Lakewood Park Access Road. I asked for additional information and the Director of Community Development will get back. That will also be placed on 2nd Reading.

Motion by Mr. Dever, seconded by Mr. FitzGerald, to receive and file the verbal report.
Motion adopted. All members voting yea.
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7. ORDINANCE NO. 82-05 - AN EMERGENCY ORDINANCE to authorize the Mayor to make application to the Cuyahoga county Board of Commissioners for approval to use county Motor Vehicle License Tax funds for the structural street repairs for Lakewood Road Bridge No. 204 over the Rocky River in the Cities Rocky River and Lakewood and to enter into an agreement with Cuyahoga county necessary to complete the planning and construction of this improvement. .(PLACED ON 1st READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 9/6/05) (Pg. 10)
Motion by Mr. Dever, seconded by Mr. FitzGerald, to place Ordinance No. 82-05 on 2nd Reading.
Motion adopted. All members voting yea.
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8. ORDINANCE NO. 84-05 – AN EMERGENCY ORDINANCE authorizing the expenditure of Community Development Block Grant funds (CDBG) in the amount of Three Hundred Thirty Four Thousand Three Hundred Twenty dollars ($334,320) to undertake improvements to the Lakewood Park lakefront access road that will bring the road into compliance with the Americans with Disability Act (ADA) requirements. .(PLACED ON 1st READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 9/6/05) (Pg. 14)

Motion by Mr. Dever, seconded by Mr. Demro, to place Ordinance No. 84-05 on 2nd Reading.

Motion adopted. All members voting yea.
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9. (error in numbering)

10. RESOLUTION NO. 8022-05 – AN EMERGENCY RESOLUTION approving the use of submerged lands for property located at and abutting 17804 Lake Avenue 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. .(PLACED ON 1st READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 9/6/05) (Pg. 15)

Motion by Mr. Dever, to adopt Resolution No. 8022-05.
Motion adopted. All members voting yea.
****NEW BUSINESS****
11. Communication from Council President Seelie regarding legislative update from Ohio State Representative Michael Skindell.(update attached) (Pg. 17)

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

State Representative Skindell provided a summary on the following topics.
Legislation that eliminates the responsibility of the elected Ohio Secretary of
State to oversee elections.
* Creates an appointed board of 9 members to administer statewide
elections and oversee county boards of elections.
* Member appointments: 4 by governor; 4 by members of the general
assembly of the political party that is not the same as the governor's;
1 independent by the Supreme Court. Members are to be equally divided
according to sex and be representative of geographical regions and
racial diversity of the state. Members serve 9 year staggered terms and
may not hold elected or appointed public office, be a candidate for
office, hold a political party position or be a registered lobbyist.
They are also prohibited from making or soliciting political
contributions and have being involved in candidate or issue campaigns.
* Commission to hire administrative director to prescribe uniform
procedures for county boards of elections, appoint and remove county
elections members; certify statewide candidates and ballot issue
petitions, as well as ballot language; certify equipment and voting
systems; and maintain voter registration files.
* General Assembly to appropriate funds to operate office, buy
equipment and pay staff; and to determine a reasonable salary for
director.

LEGISLATION INTRODUCED BY REPRESENTATIVE SKINDELL
Below is a list of some the legislation I have introduced in
the 126th General Assembly:

H.B. 27 - Allow the State Lottery Commission to adopt rules governing
the display of advertising and celebrity images on lottery tickets and
other items used in the conduct of, or to promote, the statewide lottery
and statewide joint lottery games - proceeds to go to education.

H.B. 111 - Require applicants for CHIP, Disability Medical Assistance,
and Medicaid to provide information about their employers and to require
an annual report identifying the employers.

H.B. 112 - Require manufacturers and labelers of dangerous drugs to
disclose to the Director of Health the value, nature, and purpose of
certain gifts, fees, payments, subsidies, and other economic benefits
they provide in connection with pharmaceutical detailing, marketing, or
promotion.

H.B. 123 - Revise the corporation franchise tax law by closing loopholes
and lowering tax rates.

H.B.124 - Disclosure of abusive tax shelters.

H.B. 130 - Create the High-level Radioactive Waste Transportation Study
Commission to review and evaluate issues relating to the transportation
of high-level radioactive waste in this state.

H.B. 131 - Require a person shipping certain radioactive material within
or through this state to provide the Emergency Management Agency with
notice of the shipment and pay the Department of Public Safety a fee for
each shipment, and to establish the Radiation Response Fund.

H.B. 247 - Establish an annual renewable energy requirement for electric
utilities and electric services companies that provide retail electric
generation service in Ohio and to authorize the Public Utilities
Commission to establish a system of renewable energy credits.

H.B. 263 - Establish and operate the Ohio Health Care Plan to provide
universal health care coverage to all Ohio residents.

H.B. 264 - Grant Workers' Compensation benefits to an employee who
suffers an adverse medical condition as a result of receiving a smallpox
vaccination as part of homeland security measures.

H.B. Disposal of Last Remains Act.

H.B. Require manufacturers of antifreeze to add a bittering agent
to the product to prevent poisoning.

H.B. Exempt food for human consumption off premises from the newly
enacted Commercial Activity Tax.
Councilmember Dunn asked for comments regarding the issue of the State Legislator cutting the Local Government Fund, efforts from the State Legislature in addressing urban poverty, and the status of Ohio’s rank for renewal energy.

State Representative Skindell responded that if there is a shortfall in tax revenues the first item that would be cut would be the Local Government Fund. He addressed urban poverty indicating that rural poverty is an issue just as great if not greater along the food lines. He said Ohio has done very little, that there was nearly $800,000 million that is aid to needy families that has not been distributed. He said a program needed to be developed to address this and that efforts to do this have been tabled. He addressed the issue of renewable energy indicating Ohio was ranked at the bottom. He said that neighboring states have been much more successful.

Councilmember Madigan asked about House Bill 27, regarding advertising on the back of lottery tickets; how to make sure the money actually gets to the schools.

State Representative Skindell indicated that in the Constitution it indicated that money from the lottery must go to the Schools. He said what happened was that the money from the lottery went to the schools but that the General Operating Fund was taken away from the schools.

At this juncture State Representative Skindell presented Human Services Director Dorothy Buckon a commendation for being the recipient of the 2005 Distinguished Woman in Health Care Award.

Motion by Mr. Dunn, seconded by Mr. Seelie, to place written statements and the remarks of Council and State Representative Skindell on the official record.

Motion adopted. All members voting yea.
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12. Communication from Councilman Dunn regarding Community Relations Council.(Pg.24)

Motion by Mr. Dunn, seconded by Mr. Demro, to receive, file and refer the communication to the Rules & Ordinances Committee.
Motion adopted. All members voting yea.
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13. ORDINANCE NO. 87-05 – AN ORDINANCE creating a Community Relations Council and providing operating procedures and stating the powers of the Council.(Pg.25)
Motion by Mr. Dunn, seconded by Mr. Dever, to place Ordinance No. 87-05 on 1st Reading and refer it to the Rules & Ordinances Committee..
Motion adopted. All members voting yea.
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14. Communication from Councilmember Madigan regarding Lakewood Baptist Church.(Pg.27)
Motion by Ms. Madigan, seconded by Mr. Dun, to receive and file the communication.
Motion adopted. All members voting yea.
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15. RESOLUTION NO. 8025-05 A RESOLUTION to honor Lakewood Baptist Church on the occasion of their 100th anniversary. (Pg.28)

Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Resolution No. 8025-05.
Motion adopted. All members voting yea.
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16. Communication from Councilman Demro regarding Housing Committee Report.(Pg.29)
Motion by Mr. Demro, seconded by Ms. Madigan to receive, file and refer the communication to the Housing Committee.

Motion adopted. All members voting yea.
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17. Communication from Mayor George and Councilman Dever regarding Issue 1, Jobs For Ohio. (Pg. 30)
Motion by Mr. Dever, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. Five members voting yea.
Mr. Demro and Mr. Dunn are absent for vote.
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18. RESOLUTION NO. 8026-05 -A RESOLUTION proclaiming support of Issue 1, amending the Ohio Constitution to authorize the issuance of General Obligations of the State to finance local government public infrastructure capital improvements, research and development, and the development of certain sites and facilities in Ohio, and the expanded state and local government authority regarding economic development.(Pg. 31)
Motion by Mr. Dever, seconded by Mr. FitzGerald, to adopt Resolution No. 8026-05.
Motion adopted. Five members voting yea.
Mr. Demro and Mr. Dunn are absent for vote.
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19. Communication from Law Director Corrigan regarding Lakewood Association of Fire Fighters Agreement. (Pg. 32)

Motion by Mr. Dever, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. Five members voting yea.
Mr. Demro and Mr. Dunn absent for vote.
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20. ORDINANCE NO. 88-05 - AN EMERGENCY ORDINANCE authorizing the Mayor of the City of Lakewood to enter into an agreement with the Lakewood Association of Firefighters, Local #382 of the International Association of Firefighters, AFL-CIO for a three year period commencing January 1, 2004.(Pg. 33)

Motion by Mr. Seelie, seconded by Mr. Dunn, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 88-05 on final reading.
Yeas: Corrigan, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Abstention: Mr. Demro
Motion adopted. Rules suspended.

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Ordinance No. 88-05
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No. 88-05 adopted.
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21. Communication from Finance Director Nogalo regarding 2005 Salary Ordinance.(Pg. 34)

Motion by Mr. Seelie, seconded by Mr. Dever, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
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22. ORDINANCE NO. 89-05 - AN EMERGENCY ORDINANCE creating positions and rates of pay for full-time and certain part-time annual salaried employees and hourly rate employees not covered by a collective bargaining agreement in the several departments, divisions and offices of the City of Lakewood, including the Chief of Fire, Chief of Police and Civil Service Commissioners, effective January 1, 2005.(Pg. 35)
Motion by Mr. Seelie, seconded by Ms. Madigan, to place Ordinance No. 89-05 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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23. Communication from Public Works Director Beno regarding Park Improvements.(Pg.39)
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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24. ORDINANCE NO. 54-03A - AN EMERGENCY ORDINANCE amending ordinance 54-03, adopted July 21, 2003 for the purpose 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 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.(Pg.40)
Motion by MR. Dever, seconded by Mr. Seelie, to place Ordinance No. 54-03A on 1st Reading and refer it to the Public Works Committee.
Motion adopted. All members voting yea.
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25. Communication from Chief Mroz regarding Ohio Division of EMS Enhanced Communications Grant.(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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26. RESOLUTION NO. 8027-05 - AN EMERGENCY RESOLUTION authorizing the Mayor as Director of Public Safety, on behalf of the City, to enter into an agreement with the Ohio Department of Public Safety, Division of Emergency Medical Services to accept and expend funds for the purchase of Multi-Agency Radio Communications Systems (MARCS) enhanced radio equipment and services in the amount of $75,000.00.(Pg43)
Motion by Mr. Dever, seconded by Mr. Seelie, to adopt Resolution No. 8027-05.
Motion adopted. All members voting yea.
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27. Communication from Chief Malley regarding Livescan Equipment. (Pg.44)
Motion by Mr. Dever, seconded by Mr. Demro, to receive and file the communication.
Motion adopted. All members voting yea.
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28. RESOLUTION NO. 8028-05 - A RESOLUTION authorizing the Mayor as Director of Public Safety, on behalf of the City, to enter into an agreement to accept and expend grant funds in the amount of $40,000. from the Ohio Attorney General’s Office to purchase a Livescan computer that is used for fingerprinting.(Pg.45)
Motion by Mr. Seelie, seconded by Mr. Demro, adopt Resolution No. 8028-05.
Motion adopted. All members voting yea.
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Motion by Mr. Seelie, seconded by Mr. Dever, to adjourn.
Motion adopted. Meeting adjourned 9:27 PM.

Approved:___________________________ ________________________
President
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Clerk