Regular Meeting of the Lakewood City Council called to order at 7:35 P.M. by President Seelie.
….

Present: Councilmembers Patrick S. Corrigan, Ryan Patrick Demro, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Mary Louise Madigan, Robert M. Seelie.
….
Also Present: Mayor George, Law Director Corrigan, Finance Director Nogalo, Police Chief Malley, Fire Chief Mroz, Public Works Director Beno, Planning & Development Director Jordan, Human Services Director Buckon, Human Resources Director Novak.

….

Reading and disposal of the Minutes of the Regular Meeting of Council held September 19, 2005.

Motion by Mr. Seelie, seconded by Mr. Demro to approve the minutes without the necessity of a reading.
Motion adopted. All members voting yea.
….

Without objection from Council, Items 14, 15 and 20 were read first in the agenda order.

1. Finance Committee Verbal Report regarding Administrative Salary Ordinance.

Mr. FitzGerald submitted the following report:
The first ordinance:

Is an emergency ordinance, asked to be passed this evening, having to do with increasing the top compensable rate within the salary ranges of the various positions. It does not mean those individuals would necessarily receive the top rate but may be eligible for it if that administrative decision were made. It also had a specific increase in pay rate for whoever becomes the manager of the I.S. Department. For the record all the members of the Finance Committee were present also Councilman Demro and Councilwoman Madigan. We had an extended discussion about that item only because we wanted to make sure that when it comes to technology and technology issues that we’re taking the long view and taking a comprehensive view of all the different technology initiatives that are going on in the City and we had a nice discussion about it. Director Nogalo was very informative regarding those issues and Councilman Dunn was as well and other members of the Committee. The bottom line was that in the short term whatever happens with the pool of resources in the community regarding technology assets in the short run this position was necessary and we wanted the City to have the latitude to go up a couple pay grades when it came to I.S. because of the expanding and evolving role of the I.S. manager. It’s no longer somebody who just has to look as to whether a computer is up or down, there’s more issues regarding Y-Fi and interconnectivity, and so forth so the Committee was in agreement on that. The Committee was not in agreement with the recommendation based on the information we were provided regarding increasing the pay of the Civil Service Commissioners. Our recommendation was that their salary remains as it is currently and the Committee voted unanimously for those recommendations.

Motion by Mr. FitzGerald, seconded by Mr. Demro, to receive and file the verbal report.
Motion adopted. All members voting yea.
….
2. ORDINANCE NO. 89-05A - 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.(PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 9/19/05, PLACED ON 2ND READING 10/3/05)(Pg. 6)

Motion by Mr. FitzGerald, seconded by Mr. Demro, to delete the portions regarding the raises for the Civil Service Commissioners, and once those portions are deleted I would move to adopt the remainder of the Ordinance this evening.

Law Director Corrigan indicated that the motion would be to substitute the ordinance provided that evening as 89-05A.
Motion by Mr. FitzGerald, seconded by Mr. Demro, to substitute Ordinance 89-05 with Ordinance 89-05A.
Motion adopted. All members voting yea.
Motion by Mr. FitzGerald, seconded by Mr. Dunn, to amend the ordnance showing the salary remain at $4,000.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance substituted and amended.
Motion by Mr. FitzGerald, seconded by Mr. Demro, to adopt the amended and substituted Ordinance.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 89-05A adopted as substituted and amended.
….
3. Finance Committee Verbal Report regarding Additional Appropriations.
Mr. FitzGerald, submitted the following report:
This has to do with additional appropriations for two items that we had already discussed at a previous Finance Committee meeting. One has to do with the purchase of the LiveScan computers for the Police Department and we already talked about that at the last Council Meeting. The other one has to do with the Robert and Kathleen Lawther facility which we already had discussions about that at a previous Council Meeting regarding improvements to that facility. This is just the actual appropriations for what has been discussed previously regarding those two items. The Committee recommended unanimously for the adoption of proposed Ordinance 92-05 this evening.
Motion by Mr. FitzGerald, seconded by Mr. Dunn, to receive and file the verbal report.
Motion adopted. All members voting yea.
….

4. ORDINANCE NO. 92-05 – AN EMERGENCY ORDINANCE to establish additional appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2005. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 10/3/05) (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. 92-05 on final reading.
Mr. FitzGerald asked Mr. Nogalo to indicated the reasons to request suspension of the rules. It was indicted that because the ordinance dealt with purchasing and construction deadlines that the item be adopted that night.
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. 92-05.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 92-05 adopted.
….
5. Finance Committee Verbal Report regarding Changing and Decreasing Contracting Authority.
Mr. FitzGerald submitted the following report.
The Finance Committee reviewed contracting authority. Again, we’ve said this before, contracting authority is not an expenditure, it has to match our expenditures; when the expenditures change in a certain area the contracting authority has to match it. The go up and down as the actual expenditures are changed throughout the year. There’s a list which is available for any member of Council who’d like to see it if you don’t already have it regarding the various ups and downs of the contracting authority. The bottom line is that the actual General Fund balance for the fiscal integrity of the City is effected it’s not going to require additional appropriations it’s only changing the amounts of the contracting authority. A couple highlights, a couple of them were clerical errors where original contracting authority for computer software and so forth were left off inadvertently, some of them had to do with adjusting contracting authority regarding the increased price of gasoline. Some of them had to do with basically the transfer of responsibility of the local income tax collection from RITA to our own homegrown tax collectors.
Motion by Mr. FitzGerald, seconded by Mr. Dever, to receive and file the verbal report.
Motion adopted. All members voting yea.
….

6. ORDINANCE NO. 99-04D – AN EMERGENCY ORDINANCE amending Ordinance No. 99-04C, adopted September 6, 2005 for the purpose of changing and decreasing contracting authority for the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Procurement Officer to enter into contracts for professional services, and to advertise for bids and enter into contracts for the purchase of repair maintenance and operating supplies, services and equipment as authorized by the 2005 Appropriation Ordinance and the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 10/3/05)(Pg. 9)

Councilmember FitzGerald asked Mr. Nogalo to justify the request for suspension of the rules that evening.
Finance Director Nogalo responded that the necessity was to match the contracting authority with the budget adjustments.
Councilmember FitzGerald indicated that in Committee it was decided that no further discussion was required for the item.
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. 99-04D on final reading.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Rules suspended.
Motion by Mr. FitzGerald, seconded by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 99-04D.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 99-04D adopted.
….
7. RESOLUTION NO. 8036-05 – AN EMERGENCY RESOLUTION authorizing and directing the Mayor to submit the Fiscal year (FY) 2006 One-Year Action Plan of the Consolidated Plan, which includes dollar allocations and activities for federal Community Development Block Grant (CDBG) funds and Emergency Shelter Grant (ESG) funds, and incorporates the City’s application for CDBG funds, ESG Funds, HOME Investment Partnership funds, American Dream Downpayment Initiative (ADDI) funds, and all amendments thereto and all understandings and assurances contained therein, to the U.S. Department of Housing and Urban Development (HUD)(PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 10/3/05). (Pg. 12)
Motion by Mr. FitzGerald, seconded by Mr. Demro, to place Resolution No. 8036-05 on 2nd Reading and refer back to the Finance Committee.
Motion adopted. All members voting yea.
….
8. Rules & Ordinances Committee Report regarding Ordinance No. 87-05 – Creating Community Relations Commission. (Pg. 13)
Motion by Mr. Dunn, seconded by Mr. Demro, to receive and file the communication.
Motion adopted. All members voting yea.
….
9. ORDINANCE NO. 87-05 – AN ORDINANCE creating a Lakewood Community Relations Commission. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 87-05, PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 9/19/05, 2ND READING 10/3/05)(Pg.18)

Motion by Mr. Dunn, seconded by Mr. Demro, to substitute Ordinance No. 87-05. (changing the title of the Ordinance as well as any reference to Lakewood Community Relations Council; instead substitute Lakewood Community Relations Commission.
Mr. Dever asked the Administration’s response to the creation of the Commission. Mayor George responded that the proposal did not come from the Administration, that he believed citizen input was well represented through the various Boards and Commissions in place. He said that the Administration was looking at ways to supplement the work in the Community Relations Office with a part-time employee, that the burden of the Community Relations Department was very heavy and that the proposal would be another burden.

Councilmember Dunn indicated the discussion in Committee was that the Community Relations board would help support the activities of the Community Relations Office which was presently comprised of one person. He said that he understood budget constraints and that the proposal would be a resource to allow that person to have more influence on greater networks throughout the City.
Councilmember asked if the expectation was that the volunteers would help out at the Community Relations Office.

Councilmember Dunn indicated that the Board would be used for the Community Relations office to achieve their objective.
Councilmember Dever asked if the Commission would have the authority to redirect the Community Relations personnel for its projects. Councilmember Dunn indicated that the input from the Commission was advisory only and that would be used only if it could be implemented.

Councilmember Seelie recommended amending Article VII; mission statement, bylaws, general rules of operation – to read, the Lakewood Community Relations Commission shall submit for Council approval their mission statement, bylaws, general rules of operation. He said this would be needed to ensure there were not two differing committees; a Council Committee and then the proposed Commission. He said that Article VII should state the Lakewood Community Relations Commission shall submit for Council approval (indicating it could be done during Budget Hearings to satisfy Councilmember Dever’s and Mayor George’s concern) a budget request to correspond with its authority to call upon the Office of Community Relations for assistance. He said that this way the newly formed Commission can review Committees and Commissions that have been created over the years; the costs associated with commissions having minutes that have to be produced, staff time from a one person office, and items such as a yearly report. He said that Council could put into the Budget, costs for printing and personnel.

Councilmember Dunn said he thought Article V addressed that. He read; Lakewood Community Relations Council shall be advisory and shall coordinate its activities with the Mayor, Lakewood City Council, Planning Commission, ad any other such boards, commissions, agencies, or departments of the City of Lakewood. The Lakewood Community Relations Council is also authorized to undertake community relations tasks as requested by the Mayor and City Council.

Councilmember Seelie stated that to ensure that coordination takes place, the bylaws and mission statement should be approved by City Council. Councilmember Dunn indicated he agreed with this and referenced Article 9 – provided for the Community Relations Council’s reporting duty providing for a semi-annual report at a regularly scheduled meeting of Lakewood City Council. Minutes of each meeting shall also be forwarded to the Mayor and City Council.

Councilmember Seelie indicted that volunteers on the Boards routinely want to do a very good job and that this required publications, resources, minutes and that there were costs associated with these. He said that for the proposed Community Relations Council to be better prepared, organized and able to assist the Community Relations Department, a submission to Council of its budget would be necessary to avoid surprises or to accommodate an outstanding idea.

Councilmember Dunn indicated that he would agree to add a line to Article 7 which would require Lakewood City Council to ratify the bylaws that are created by the Lakewood Community Relations Commission.

Councilmember Seelie indicated that Article 8 would also be amended to read; “Lakewood Community Relations Commission shall submit for Council approval a budget request to correspond with its authority to call upon the Office of Community Relations for assistance”.

Councilmember Dunn indicated that the Committee’s presumption was that there would be no budget.

Councilmember Seelie indicated that anytime a person from the City is called upon, a meeting is scheduled, preparing minutes or other documents, costs incur. Councilmember Dunn asked about Board of Zoning Appeals, Planning Commission. Councilmember Seelie responded that costs are associated with these, including a guard at the door.

Mr. Seelie called the motion to amend referencing the name change.
Councilmember FitzGerald suggested the a time limitation be placed on the Community Relations Council similar to that of the Charter Review Commission, Grow Lakewood Committee, and Lakefront Task Force. He said he would like to see it renewed on a yearly basis, that a sunset provision be inserted.

Councilmember Seelie indicated that this was why he wanted City Council approval on the Community Relation’s Council mission and budget because if Council chose not to approve it then the Community Relations Council would not exist.
On the motion to substitute the ordinance.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance substituted.

Motion by Mr. Dunn, seconded by Mr. Seelie, to amend Article 7; adding a sentence to the last line which shall read; “Lakewood City Council shall ratify the bylaws that govern the Lakewood Community Relations Commission”.

Councilmember Corrigan indicated that Council should have the ability to modify those bylaws if they are in anyway in contradiction of the purpose of the City Council; He said this was because it was the consent of the voters that appoints the Council to government and that it was not Constitutionally correct to give the authority to make laws through a commission as proposed.

Councilmember Dunn indicated that laws were not being made, that the Commission was advisory. He said too that the stated mission of the Commission would be subordinate to the existing Lakewood Codified Ordinances, laws of the State of Ohio and the United States Constitution. He indicated that the worse case scenario is that the Commission would give advice Council would not want to adopt.

There was discussion as to whether ratify would restrict Council to only a yes or no and if the term, “ratify and amend” would be more appropriate.

Motion and second withdrawn regarding only ratifying bylaws. New motion was made:

Motion by Councilmember Dunn, seconded by Mr. Seelie, to amend Article 7, to add, “Lakewood City Council shall ratify and amend if necessary the bylaws that govern the Lakewood Community Relations Commission ….Lakewood Community Relations Commission shall submit for Council approval a budget request to correspond with its authority to call upon the Office of Community Relations for assistance in carrying out the purposes set forth in this chapter.

Councilmember FitzGerald asked if this included the mission also. Councilmember Seelie indicated this was the case.

A resident referenced the segment; “affirm our commitment to social justice” indicating he was unaware of any problem in this area to require this wording. He said further there would be costs associated with the Commission.

Councilmember Madigan indicated that there would be good reason to send the Ordinance back to Committee, that she did not anticipate a budget associated with the creation of the Commission.

There was further discussion on whether or not costs would be associated with the proposal.

Councilmember Demro indicated that he would agree that the ordinance go back to Committee, that he had a concern regarding the procedure for appointing members to the Commission and understood that would be changed to reflect that. He stated he wanted Councilmembers to appoint individually instead of as a body.

Councilmember Seelie indicated he thought the Body of Council should appoint.

Resident Nickie Antonio indicated she was a member of the group that suggested the creation of the Community Relations Commission. She said the intention of the Commission was to be advisory, that the creation of the Commission would be used as a resource. She said the proposal was not to place a burden on the Community Relations Department or any Department in the City but to be a help. She indicated that she agreed with Councilmember Seelie that anytime a group is formed there are costs associated with the endeavor. She said there was discussion on the Commission itself raising funds for various community relations endeavors.

Councilmember Seelie indicated that should the Commission raise funds, Council would have to establish a mechanism to accept the money.

Motion by Mr. Demro, seconded by Mr. Dunn, to amend Article 3; Terms – Section 3.01 to read, “all commission members shall be appointed individually by Members of City Council”.

Councilmember FitzGerald indicated that the ordinance needed to go back to Committee because of the multiple amendments. He indicated he did not have a problem with the concept and anticipated he would be voting for the ordinance.

Mr. Seelie indicated the first amendment on the floor regarding Articles 7 & 8; (Mr. Seelie stated the one was a n amendment referencing the budget with approval from Council, the other addressed the mission statement; general rules and operations with approval from Council ).

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None.
Motion passes.

Council President Seelie asked that a second motion be made separately.
Motion by Mr. Demro, seconded by Mr. Dunn, to amend Article 3; Terms – Section 3.01 to read, “all commission members shall be appointed individually by Members of City Council.(7 appointees) and the Mayor (6 appointees).

Yeas: Corrigan, Demro, Dunn, Madigan
Nays: Dever, FitzGerald, Seelie
Motion adopted.

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to refer Ordinance No. 87-05 back to the Rules & Ordinances Committee.
Mr. Dunn indicated he would incorporate any other recommendations but indicated the ordinance was complete.
Councilmember FitzGerald indicated he would like to see the ordinance in final form and would like to review a sunset provision.
Motion adopted. All members voting yea.
….
10. ORDINANCE NO. 90-05 – an ordinance to amend section 313.10, Prohibited Turns on Red Signals, of the Lakewood Codified Ordinances of the City of Lakewood for the purpose of including the intersection of Lake and Belle Avenue on all four approaches between the hours of 7:30 a.m. and 4:00 p.m. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 10/3/05)(Pg. 21)

Motion by Mr. Dever, seconded by Mr. Corrigan, to place Ordinance No. 90-05 on 2nd Reading and refer it back to the Public Safety Committee.
Motion adopted. Six members voting yea.
Mr. Demro absent for vote.
….
11. ORDINANCE NO. 91-05 – AN ORDINANCE TO ESTABLISH SECTION 111.11 OF THE LAKEWOOD CODIFIED ORDINANCES, THEREBY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT TO PERMTI THE CITY TO JOIN THE NORTHEAST OHIO SOURCING OFFICE. (PLACED ON 1ST & REFFERED to the Rules & ORDINANCES COMMITTEE 10/3/05)(Pg. 23)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 91-05 on 2nd Reading and refer it back to the Rules & Ordinances Committee.

Motion adopted. Six members voting yea.
Mr. Demro absent for vote.

****NEW BUSINESS****
12. Communication from Council President Seelie regarding Infrastructure Committee Replacement. (Pg. 26)

Motion by Mr. Seelie, seconded by Ms. Madigan, to receive and file the communication.
Motion adopted. Six members voting yea.
Mr. Demro absent for vote.

13. RESOLUTION NO. 8037-05 – A RESOLUTION appointing_____________________to fill the vacancy of a resigning member of the newly formed Lakewood Infrastructure Committee. (Pg. 27)

Motion by Mr. Seelie, seconded by Mr . Dever, to insert the name; Mary Cierebiej.
Motion adopted. Six members voting yea.
Mr. Demro absent for vote.
….
14. Communication from Councilmember Madigan regarding St. Hedwig Church 100th Anniversary. (Pg. 28)

Motion by Ms. Madigan, seconded by Mr. Seelie, to adopt Resolution No. 8038-05.
Motion adopted. All members voting yea.
….
15. RESOLUTION NO. 8038-05 – A RESOLUTION extending congratulations to St. Hedwig Church on its 100th Anniversary. (Pg. 28A)
Motion by Mr. Seelie, seconded by Ms. Madigan, to adopt Resolution No. 8038-05.
Motion adopted. All members voting yea.
….
16. Communication from Planning & Development Director Jordan regarding Support for the Lakewood Rental Website. (Pg. 29)

Motion by Mr. Dever, seconded by Mr. FitzGerald, to receive, file and refer the communication to the Finance Committee.

Motion adopted. All members voting yea.
….
17. ORDINANCE NO. 93-05 - AN EMERGENCY ORDINANCE authorizing and directing the Director of Planning and Development to engage Cronosys to provide professional services for the development and maintenance of Lakewood’s Available Rental Property Website, and contract administration in accordance with the Administrative Code of the City of Lakewood, contract amount not to exceed Twenty-Five Thousand Dollars ($25,000) for a three (3) year period. (Pg. 30)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 93-05 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
….
18. Communication from Public Works Director Beno regarding Ordinance No. 16-05A – 2005 C.D.B.G. Street Projects. (Pg. 32)
Motion by Mr. Dever, seconded by Mr. Corrigan to receive and file the communication.

Mr. Dever asked about using CDBG dollars for a city-wide effort for evaluation of the street conditions; creation of a database.

Planning & Development Director Jordan indicated HUD determined it was appropriate for low/mod streets be evaluated in relation to other city streets and that CDBG money could be used in this process.

City Engineer Albrecht provided a briefing on infrastructure goals for the City. A timeframe was discussed with indication that a consultant would start this Thursday with Council’s approval, completing work in December.

Motion adopted. All members voting yea.
….
19. ORDINANCE NO. 16-05A - AN EMERGENCY ORDINANCE amending Ordinance No. 16-05, adopted February 7, 2005, for the purpose of 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 contract with lowest and best bidder for C.D.B.G. Fund Infrastructure Improvement 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. 33)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 16-05A on final reading.

Motion by Mr. Seelie, seconded by Mr. Corrigan, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 16-05A on final reading.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: none
Motion adopted. Rules suspended.
Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 16-05A.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 16-05A adopted.
….
20. Communication from Law Director Corrigan regarding Conditional Approval of the Assignment of Adelphia Communication Corporations Cable Television Franchise to Time Warner. (Pg. 35)

Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file the communication.
Mr. Dunn indicated he is employed by SBC Communication and will abstain from the vote for any real or perceived conflict of interest.
Law Director Corrigan indicated that Todd Hunt from Walter & Haverfield was available to answer questions and Ms. Shapiro from Adelphia. A representative from Time Warner.
Motion adopted. Six members voting yea.

Councilmember FitzGerald indicated that because there were no Committee meetings on the item that he would like to what it is and why it’s happening.
Mr. Hunt indicted this was a request from Time Warner to purchase the assets from Adelphia, to purchase franchises fort Time Warner/ Comcast. He indicated this was an FCC requirement to get approval from Council with the deadline this Council meeting.. He stated the transfer itself would probably not occur until the second quarter of next year.

Councilmember FitzGerald clarified if this was for the Gold Coast and the response was that it was; six or seven building, approximately 825 subscribers. He indicated that Cox also serves that area.
Councilmember FitzGerald asked when the communication with the City started and Mr. Hun responded that it was in June. Mr. FitzGerald asked why Council was getting the information now with the deadline being that night.

Law Director Corrigan indicated that the information was provided to the Law Department after the last Council Meeting.

Councilmember FitzGerald asked if Time Warner would continue the contract of previous lease agreement. and the response was that it would continue the lease. Councilmember FitzGerald asked if there was any opportunity to renegotiate any of the lease provisions prior to the Time Warner contract. The response was that the City did look into compliance issues to ensure Adelphia had complied with the contract up until the present time. It was indicated that the appropriate time to look at specifics was during the time of renewal.
Councilmember FitzGerald asked when was the next opportunity Council would be able to review the contract and it was stated in the next three to four months.
Councilmember FitzGerald indicated that cable issues are sensitive and that due diligence was required, that he would vote for suspension of the rules but wanted to make sure a precedent was not being set.

Councilmember Madigan asked what the issue meant to a person in the Carlysle who was currently receiving service from Adelphia, and that she had not received notice on the transfer. It was stated that the impression was that notice had been given, that there would not be major differences aside from different name on the billing, that changes would probably take place in June. It was indicated that there would be no immediate changes in the channel line up.

Councilmember Madigan asked what would happen of Council voted no that night. It was stated that there would probably be court action taken in the next few days, few weeks.

Councilmember Madigan asked if people from the Gold Coast received any information from the City regarding the issue, that there were concerns about the cost of cable.

Law Director Corrigan indicated that there had been no official notice from the City.

It was indicated that because Adelphia was in bankruptcy that it had not have a good track record and that the hope was that Time Warner would increase service. There was Lakewood High School connection have been informally addressed.

Councilmember Madigan indicated that a simple explanation would have been helpful for people concerned with the issue.

Councilmember FitzGerald asked if people would be getting bills next month from Time Warner. It was indicated that his would not happen until 2006.

Councilmember FitzGerald asked if the consumer would see any difference until June 2006.
Time Warner representative spoke that the transfer would not take until six months in 2006.
To receive and file the communication.
Motion adopted. Six members voting yea
Mr. Dunn abstains.
Motion adopted. Communication received and file
….
21. ORDINANCE NO. 94-05 – AN ORDINANCE OF THE CITY OF LAKEWOOD, OHIO CONDITIONALLY APPROVING THE REQEUST FOR AN ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE FROM ADELPHIA TO TIME WARNER; AND DECLARING AN EMERGENCY. (Pg. 36)

Motion by Mr. Seelie, seconded by Mr. Seelie, to suspend the rules. Requiring this Ordinance be read on three separate days and placing Ordinance No. 94-05 on final reading.
Yeas: Corrigan, Demro, Dever, FitzGerald, Madigan, Seelie
Nays: None
Mr. Dunn abstains.

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Ordinance No. 94-05.
Yeas: Corrigan, Demro, Dever, FitzGerald, Madigan, Seelie
Nays: None
Mr. Dunn abstains.
Ordinance No. 94-05 adopted.
….
22. Communication from Human Services Director Buckon regarding Community Diversion Program. (Pg. 40)

Motion by Mr. Seelie, seconded by Ms. Madigan, to receive, file and refer this communication to the Health & Human Services Committee.

There was discussion as to what happens when a family can’t afford the $40.00 and it was determined this would be discussed further in Committee.

Motion adopted. All members voting yea.
….

23. ORDINANCE NO. 95-05 – AN ORIDNANCE establishing rates for participation in the Community Diversion Program, a program authorized by the Cuyahoga County Juvenile Court and administered by the Lakewood Department of Human Services/Division of Youth, effective January 1, 2006. (Pg. 41)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 95-05 on 1st Reading and refer it to the Health & Human Services Committee.

Motion adopted. All members voting yea.
….
24. Communication from Human Services Director Buckon regarding Public Health Emergency Preparedness: countywide Coordinated Community Response Plan Resolution. (Pg. 42)

Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file the communication.
Motion adopted. All members voting yea.
….
25. RESOLUTION NO. 8039-05 – A RESOLUTION authorizing the Director of the Department of Human Services, on behalf of the City, to enter into an Agreement with the Cuyahoga County Board of Health to accept and expend funds for purposes of developing and maintaining a strong public health infrastructure to address bioterrorism and other public health threats. (Pg. 43)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 8039-05.
Motion by Mr.

26. Communication from Finance Director Nogalo regarding Changes to Section 128 “Municipal Income Tax”. (Pg. 45)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive, file and refer the communication to the Committee of the Whole.
Motion adopted. Five members voting yea.
Mr. Dever and Mr. Dunn absent for vote.
….
Motion by Mr. Seelie, seconded by Mr. Demro, to place Items 27-36 on 1st Reading and refer them to the Committee of the Whole.
Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
….

(Blanket Motion was made for Items 27-36 – - Motion by Mr. Seelie, seconded by Mr. Demro to place the ordinances on 1st Reading and refer them to the Committee of the Whole.

27. ORDINANCE NO. 97-05 – AN EMERGENCY ORDINANCE to amend Section 128.0306, Corporation, of the Codified Ordinances of the City of Lakewood to clarify that an S Corporation is not include in the definition. (Pg. 47)
*See blanket motion
28. ORDINANCE NO. 96-05 – AN EMERGENCY ORDINANCE to amend Section 128.0303, Association, of the Codified Ordinances of the City of Lakewood to include limited liability companies and Subchapter S Corporations in the definition of Association. (Pg. 48)
*See blanket motion
29. ORDINANCE NO. 98-05 – AN EMRGENCY ORDINANCE to create a new section within Chapter 128, Municipal Income Tax of the Codified Ordinances of the City of Lakewood to define “S Corporation” or “Subchapter S Corporation.” (Pg. 49)
*See blanket motion
30. ORDINANCE NO. 99-05 – AN EMERGENCY ORDINANCE to amend Section 128.1101, When Return Required to be made, of the Codified Ordinances of the City of Lakewood to require that returns be filed by April 15 of each year or by the 15th day of the fourth month following the end of an organization’s fiscal year. (Pg. 50)
*See blanket motion
31. ORDINANCE NO. 100-05 – AN EMERGENCY ORDINANCE to amend Section 128.1304 of the Lakewood Codified Ordinances, entitled “FILING OF DECLARATION” to provide for the appropriate filing date for municipal tax returns. (Pg. 52)
*See blanket motion
32. ORDINANCE NO. 101-05 – AN EMERGENCY ORDINANCE to amend Section 128.1307 of the Lakewood Codified Ordinances, entitled “ANNUAL RETURN” to provide for the appropriate filing date for municipal tax returns. (Pg. 54)
*See blanket motion
33. ORDINANCE NO. 102-05 – AN EMERGENCY ORDINANCE to repeal Section 128.2311, Authority to Contract for Central Collection Facilities. (Pg. 56)
*See blanket motion
34. ORDINANCE NO. 103-05 – AN EMERGENCY ORDINANCE to amend Section 128.2309 of the Lakewood Codified Ordinances, entitled “CONFIDENTIAL NATURE OF INFORMATION OBTAINED” for the purposes of expanding the Administrative Code to provide for the collection of municipal income taxes by the City of Lakewood Tax Department. (Pg. 58)
*See blanket motion
35. ORDINANCE NO. 104-05 – AN EMERGENCY ORDINANCE to amend Section 128.2501 of the Lakewood Codified Ordinances, entitled “BOARD OF REVIEW ESTABLISHED” to provide for a Board of Review for municipal tax returns. (Pg. 60)
*See blanket motion

36. ORDINANCE NO. 105-05 - AN EMERGENCY ORDINANCE to amend Section 128.2503 of the Lakewood Codified Ordinances, entitled “RIGHT OF APPEAL” to provide for a Board of Review for municipal tax returns. (Pg. 62)
*See blanket motion
*Motion by Mr. Seelie, seconded by Mr. Demro, to place the Ordinances on 1st Reading and refer to the Committee of the Whole.
Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
….
Item 37 – ADD-ON. RESOLUTION NO. 8040-05 – AN EMERGENCY RESOLUTION to accept the Fact finders Report resulting from the negotiation process with the Lakewood Paramedic Association.

Motion by Mr. Seelie, seconded by Mr. Demro, to approve the Resolution.
There was discussion as to the necessity of an Executive Session.
The question as to whether the paramedics agreed to the fact-finders report.
Law Director Corrigan indicated that Lakewood City Council and the paramedics had an opportunity to vote on the report. He indicated further clarification was being asked by the paramedics and that a vote would not have to be taken that night.

Motion by Mr. Seelie, seconded by Mr. Demro to rescind the motion.
Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
Motion by Mr. Seelie, seconded by Mr. Corrigan, to refer the Resolution to the Committee of the Whole.
Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
….
Motion by Mr. Seelie, seconded by Mr. Demro to adjourn the meeting.
Motion adopted. Meeting adjourned. 10:08 PM.

Approved:___________________________ ________________________
President
________________________
Clerk