Regular Meeting of the Lakewood City Council called to order at 7:35 P.M. by President Seelie.
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Present: Councilmembers Patrick S. Corrigan, Ryan Patrick Demro, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Mary Louise Madigan, Robert M. Seelie.
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Also Present: Mayor George, Law Director Corrigan, Finance Director Nogalo, Police Chief Malley, Fire Chief Mroz, Public Works Director Beno, Planning & Development Director 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 October 3, 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, Item 19 and 20 were read first in the agenda order.

****OLD BUSINESS****

1. Committee of the Whole Report regarding Communication from Finance Director Nogalo referencing Changes to Section 128 “Municipal Income Tax”. (Pg. 5)
Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file the report.
Motion adopted. All members voting yea.
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(Blanket motion was made to suspend the rules and adopt Ordinances reflected in items 3-11)
2. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/17/05) (Pg. 8)
*See blanket motion
3. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/17/05) (Pg. 9)
*See blanket motion

4. 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.” (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/17/05) (Pg. 10)
*See blanket motion

5. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/17/05) (Pg. 11)
*See blanket motion

6. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/17/05) (Pg. 13)
*See blanket motion

7. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/17/05) (Pg. 15)
*See blanket motion

8. ORDINANCE NO. 102-05 – AN EMERGENCY ORDINANCE to repeal Section 128.2311, Authority to Contract for Central Collection Facilities. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/17/05) (Pg. 17)
*See blanket motion

9. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/17/05) (Pg. 19)
*See blanket motion

10. 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. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 104-05 PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/17/05) (Pg. 21)
Motion by Mr. Seelie, seconded by Mr. Dever, to amend Ordinance No. 104-05 to conform.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 104-05 amended.

Motion by Mr. Seelie, seconded by Mr. Dever, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 104-05 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. 104-05 as amended.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No. 104-05 adopted as amended.
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11. 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. PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/17/05) (Pg. 23)
*See blanket motion
Motion by Mr. Seelie, seconded by Mr. Dunn, to suspend the rules requiring Ordinance Nos. 97-05, 96-05, 98-05, 99-05, 100-05, 101-05, 102-05, 103-05, 105-05, 106-05, and 107-05 be read on three separate days and placing them on final reading..
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Rules suspended.

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt the Ordinances..
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinances Nos. 97, 96, 98, 99, 100. 101, 102, 103, 105, 106, and 107-05. Note Ordinance No. 104-05 was substituted and adopted individually) adopted.
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12. Finance Committee Verbal Report regarding One-Year Action Plan of the Consolidated Plan - Resolution No. 8036-05.

Mr. FitzGerald provided the following report:
The Finance Committee met this evening, all members were present, members of the Administration, Director Nogalo, Dr. Jordan and Ms. Murphy and others Frank Murtaugh was also there who is the co-chair of the CDBG Committee. This is the annual recommendation for appropriations. There’s been communications that Council has received, really nothing out of course as far as that goes. There was a discussion about the amount of CDBG funds that are used for street repair. There is going to be an effort to try to have other governmental funding sources, private sources, pick up different line items that may be in here for different human services items to the extend that those are realized as not speculative but to the extend that they are realized – there will probably be additional earmarking of those funds for street repair. Other than that, the recommendations speak for themselves, Mr. Murtaugh is here if Councilmembers have any questions as far as their point of view and Mr. Jordan and members of the Administration are also available if individual Members of Council have questions. The Committee recommended unanimously its adoption this evening.

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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13. 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, 2ND READING 10/17/05). (Pg. 25)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Resolution No. 8036-05.
Motion adopted. All members voting yea.
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14. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 10/17/05)(Pg. 27)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 93-05 on 2nd Reading and refer it back to the Finance Committee.
Motion adopted. All members voting yea.
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15. 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. (PLACED ON 1ST READING & REFERRED TO THE HEALTH & HUMAN SERVCIES COMMITTEE 10/17/05)(Pg. 29)

Motion by Ms. Madigan, seconded by Mr. Seelie, to place Ordinance No. 95-05 on 2nd Reading.
Motion adopted. All members voting yea.

****NEW BUSINESS****

16. Certificate of Result of Election on Issue 14. (Pg. 30)

Motion by Mr. Seelie, seconded by Mr. Demero, to receive and file the certificate.
Motion adopted. All members voting yea.
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17. Communication from Finance Director Nogalo regarding Revised Salary Ordinance. (Pg. 31)

Motion by Mr. Seelie, seconded by Ms. Madigan, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
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18. ORDINANCE NO. 89-05B – AN EMERGENCY ORIDNANCE 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. 32)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 9-05B on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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19. Communication from Mayor George regarding Greater Ohio Resolution of Support. (Pg. 36)

Motion by Mr. Seelie, seconded by Mr. Dever to receive and file the communication.
Motion adopted. All members voting yea.
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20. RESOLUTION NO. 8041-05 – A RESOLUTION endorsing the principles of Greater Ohio, a citizens’ network which promotes, through research, public education and grassroots advocacy, public policy to improve our economy and quality of life through intelligent land use; and declaring an emergency. (Pg. 37)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 8041-05.
Motion adopted. All members voting yea.
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21. Communication from Finance Director Nogalo regarding Memberships for 2006. (Pg. 38)
Motion by Mr. Corrigan, seconded by Mr. Demro, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
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22. RESOLUTION NO. 8042-05 – A RESOLUTION authorizing the Director of Finance to pay the cost of memberships of municipal employees and/or Departments and Divisions in certain associations for the year 2006 and declaring such members to be in the public interest. (Pg. 39)

Motion by Mr. FitzGerald, to seconded by Mr. Dever, to place Resolution No. 8042-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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23. Communication from Finance Director Nogalo regarding Property Tax Rate Resolution for 2006. (Pg. 42)
Motion by Mr. Corrigan, seconded by Mr. Demro, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
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24. RESOLUTION NO. 8043-05 – A RESOUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMIEND BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR. (Pg. 43)
Motion by Mr. Seelie, seconded by Mr. Demro, to receive, file and refer the Resolution to the Finance Committee.
Motion adopted. All members voting yea.

25. Communication from Finance Director Nogalo regarding Workers Compensation – Retrospective Rating Plan Participation. (Pg. 47)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
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26. RESOLUTION NO. 8044-05 – AN EMERGENCY RESOLUTION authorizing the Director of Finance to enter into an agreement to apply to The Ohio Bureau of Workers’ Compensation to participate in a Retrospective Rating Plan for the City of Lakewood. (Pg. 48)
Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Resolution No. 8044-05 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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27. Communication from Finance Director Nogalo regarding Amendments to Contracting Ordinances. (Pg. 49)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
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28. ORDINANCE NO. 99-04E – AN EMERGENCY ORDINANCE amending Ordinance No. 99-04D, adopted October 17, 2005 for the purpose of changing and increasing 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 provide by law. (Pg. 50)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 99-04# on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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29. Liquor Permit Application for D5 and D6 permit classes to Riverwood Café, Inc. d/b/a Riverwood Cafe, 18500 Detroit Avenue, Lakewood, Ohio 44107. (Pg. 54)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to file no objection.
Motion adopted. All members voting yea.
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30. Communication from Planning & Development Director Jordan regarding New Borrower Name for the Optimal Health Care Clinic and Dr. Jordan. (Pg. 55)
Motion by Mr. Seelie, seconded by Ms. Madigan, to receive and file the communication.
Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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31. ORIDNANCE NO. 106-05 - AN EMERGENCY ORDINANCE authorizing the Mayor or his designee to amend the agreement with Dr. Keith Jordan d.b.a. Optimal Health Chiropractic Clinic LLC for participation on the Lakewood Business Investment Program (BIP) of the Economic Development Fund (EDF) for a five (5) year forgivable loan in an amount of Two Hundred Thousand Dollars ($200,000.) (Pg. 56).

Motion by Mr. FitzGerald, seconded by Mr. Demro, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 106-05 on final reading.

Reason provided for suspension of rules was provided; that a timely adoption would allow the new borrower to take advantage of present interest rates in that the name change was not a substantive change.
Yeas; Corrigan, Demro, Dever, FitzGerald, Madigan, Seelie
Nays: None
Mr. Dunn absent for vote.
Motion adopted. Rules suspended.

Motion by Mr. Seelie, seconded by Ms. Madigan, to adopt Ordinance No. 106-05.
Yeas; Corrigan, Demro, Dever, FitzGerald, Madigan, Seelie
Nays: None
Mr. Dunn absent for vote.
Motion adopted. Ordinance No. 106-05 adopted.

Motion by Mr. Seelie, seconded by Mr. Demro to adjourn the meeting.
Motion adopted. All members voting yea.
Meeting adjourned 8:20 PM.

Approved:___________________________ ________________________
President
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Clerk