MINUTES
OF THE
SPECIAL MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN AUDITORIUM
12650 DETROIT AVENUE
JULY 30, 2002
7:30 P.M.
Special Meeting of Council called to order at 7:30 P.M. by President Seelie.
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Present: Councilmembers Brian T. Corrigan, Edward FitzGerald, Thomas J. George,
Nancy J. Roth, Robert M. Seelie, Michael J. Skindell.
Motion by Mr. George, seconded by Mr. Seelie, to excuse the absence of Councilmember
Dunn.
Motion adopted. All members present voting yea.
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Also Present: Law Director Spellacy, Acting Chief Sabala, Public Works Director
Boag, Finance Director Blasko, Planning & Development Director Pietravoia,
Executive Assistant to the Mayor Benjamin, Assistant Safety Director for the
Division of Building & Housing Gallagher, Health and Human Services Director
Carey.
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Motion by Mr. Seelie, seconded by Mr. Corrigan, to appoint Mary Ross Coleman
as Acting Clerk of Council. Mr. Seelie indicated for signature purposes an acting
clerk must be assigned.
Motion adopted. All members voting yea.
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1. Communication from Mayor Cain regarding filing of the West End Community
Development Plan with Lakewood City Council for referral to the Planning Commission.
Motion by Mr. Seelie, seconded by Mr. George, to receive, file and refer this communication to the Planning Commission.
Mr. Seelie asked members of the public to speak. Comments from the club included the following:
West end residents spoke of fears regarding talk of eminent domain, lack of reliable information on the status of the project and concern with the area being labeled as blighted.
Mr. Seelie indicated that City Council’s role at the present time was to allocate money for a study on the West End. He said the real discussion of the entire project would be held in the next four weeks at the Planning Commission.
Mayor Cain indicated the plan being referred to the Planning Commission was a Community Development Plan, a study of the area. She said it was not the West End Development Plan and was separate from that. She said that Lakewood City Council and the Planning Commission have adopted the footprint and has been incorporated that into the Community Vision Master Plan.
Motion to receive, file and refer the item to the Planning Commission.
All members voting yea.
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2. Oral Report from Public Safety Chair FitzGerald regarding Liquor Permit Application for James J. Mileti.
Mr. FitzGerald reported the following:
Public Safety met that night, where Mr. Seelie attended acting as ex-officio member of the Committee and other Members of Council. He said Mr. Mileti was able to outline the progress he had made, and that Chief Sabala was able to relate information in response to questions from Council. He said that Chief Sabala indicated there was still reasonable cause to object. He said there was a vote of the Members of the Committee present and the vote was one to one so there was no recommendation from the Committee.
Mr. FitzGerald indicated that he would suggest taking the vote to the Council.
Motion by Mr. FitzGerald, seconded by Mr. Seelie, to receive and file the oral
report.
Mr. George said Mr. Mileti had secured financing for the establishment, had
addressed most of the concerns brought by Council. He said that unless Mr. Spellacy
felt there was a strong case to go forward and object, he did not want to waste
City time and money on a case he felt did not merit it. He concluded that it
would also send an anti-business message to others. He said he would vote in
favor of allowing the liquor permit to go through.
Mr. Seelie said he agreed with Mr. George, and indicated concerns regarding parking were addressed in that the establishment was grand fathered in. He said that what he had heard from Community Development, Building and some of the things Law Department has provided, he found no reason to object.
Ms. Roth said that whether or not winning the case is not an issue. She said that the Police Chief had done an investigation and found cause to object. She said that the establishment would create parking problems. She said she would object.
Mr. Corrigan indicated the original report from the Police Chief was prepared over a month ago and at that time there were unanswered questions. He said at that time, no financing, no plan in place. He said that many of the original issues have been resolved. He said he would be voting against objection.
To receive and file the report.
Motion adopted. All members voting yea.
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3. Liquor Permit Application for a new D1 classification to James J. Mileti,
12112 Madison Avenue, Lakewood, Ohio 44107. (Deferred 6/17/02 and 7/1/02)(Pg.
22)
Motion by Ms. Roth, seconded by Mr. FitzGerald to object to the liquor license application.
Yeas: FitzGerald, Roth, Skindell
Nays: Corrigan, George, Seelie
Motion fails
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4. RESOLUTION NO. 7680-02 – AN EMERGENCY RESOLUTION to object to the issuance
of new liquor permits to James J. Mileti for an establishment located at 12112
Madison Avenue, City of Lakewood, Ohio 44107. (Deferred 7/1/02) (Pg. 23)
Motion by Ms. Roth, seconded by Mr. FitzGerald to adopt Resolution No. 7680-02.
Yeas: FitzGerald, Roth, Skindell
Nays: Corrigan, George, Seelie
Motion fails.
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5. Liquor Permit Application for D3 and D3A Classifications to James J. Mileti, 12112 Madison Avenue, Lakewood, Ohio 44107. (Pg. 51)
Motion by Ms. Roth, to file an objection, seconded by Mr. FitzGerald.
Yeas: FitzGerald, Roth, Skindell
Nays: Corrigan, George, Seelie
Motion fails.
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6. Communication from Law Director Spellacy regarding Proposed Charter Amendment.
Motion by Mr. Skindell, seconded by Mr. George, to receive and file the communication.
Ms. Roth asked if the Board of Elections validated the signatures or if the Clerk of Council did.
Mr. Spellacy said that they sent the petitions down to the Board of Elections to make sure that the signatures were valid, registered voters in the City of Lakewood and the process entailed three separate people reviewing each of the signatures independent of one another and initial. He said they validated well in excess of the 905 signatures required. He said the 905 was based on 10 percent of the votes cast in the last General Election.
Motion adopted. All members voting yea.
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7. ORDINANCE NO. 131-02 – An Ordinance for the submission to the electorate of an amendment to the Municipal Charter relative to Article XIX, Elections, to provide for non-partisan elections and declaring an emergency.
Motion by Mr. Skindell, seconded by Mr. FitzGerald, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 131-02 on final reading.
Mr. Skindell indicated he normally would refrain from suspending the rules but that in order for the Board of Elections to receive the ordinance in a timely manner he voted to suspend.
Mr. Spellacy referred to Article XXIII, Section 6 said Council Shall refer the issue to the Board of Elections. He said the Charter language doesn’t give Council discretion it says, “shall”, does not say “may”.
Yeas: Corrigan, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Rules suspended
Mr. Skindell asked the Law Director if the Ordinance would be placed on the ballot regardless of the fact that it did not contain “emergency” language. Mr. Spellacy said that it was clear that the ordinance would have to be submitted as provided and that it would be on the ballot.
Motion by Mr. Skindell, seconded by Mr. George, to adopt Ordinance 131-02.
Ms. Roth asked if there was anything else that would be changed aside from the non-partisan election. Mr. Spellacy indicated that in Section 2, primary elections would change, in Section 3 there were a number of changes. Ms. Roth asked about Section 5 – designation of candidates – she said she was unclear about – Candidates – if that meant that petitions were now not required.
Mr. Spellacy indicated that General Law required a specific number of signatures.
On the motion to adopt Ordinance 131-02.
Yeas: Corrigan, FitzGerald, George, Roth, Seelie, Skindell
Nays: None.
Comment was made that Section 6 under Section 8 calls it to be an emergency measure.
Ms. Roth indicated she was against passage of the particular change.
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8. Committee of the Whole Oral Report regarding appointing a Member of Council
to the Board of Director of the Lakewood Community Progress inc. (LCPI) for
the full one year term beginning July 1, 2002 and ending June 30, 2002.
Mr. Seelie reported the following:
The Committee met that evening to appoint a Councilmember to the Lakewood Community Progress Inc. which is a non-profit development corporation in conjunction with the Lakewood Chamber of Commerce. Board members include, the Mayor, one member of Council, Lakewood Planning & Development Director, the President of Lakewood Chamber of Commerce, Treasurer of Chamber of Commerce, Executive Director of Chamber of Commerce. He said those individuals would appoint three at large directors to be elected for a term of three years. He said Mr. FitzGerald was recommend to serve July 1, 2002 and ending June 30, 2003.
Motion by Mr. Seelie, seconded by Mr. George to receive and file the oral report.
Motion adopted. All members voting yea.
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9. RESOLUTION NO. 7687-02 – A RESOLUTION to appoint a Member of Council
to the Board of Directors of Lakewood Community Progress Inc. (LCPI) for the
full one year term beginning July 1, 2002 and ending June 30, 2003.
Motion by Mr. George, seconded by Mr. Seelie, to amend Resolution No. 7687-02 by inserting the name, Edward FitzGerald into the appointment Resolution.
Motion adopted. All members voting yea.
Motion by Mr. Skindell, seconded by Mr. Seelie to adopt Resolution No. 7687-02 as amended.
Motion adopted. All members voting yea.
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10. Communication from Public Works Director Boag regarding two proposed ordinances
to increase contracting authority and provide additional appropriations for
the proposed Off-Leash Dog Park.
Motion by Mr. George, seconded by Mr. Seelie, to receive, file and refer the communication to the Committee of the Whole.
Mr. George asked about the status of the dog park run.
Mr. Boag indicated that the activities to improve the dog run are already in progress.
Motion adopted. All members voting yea.
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11. ORDINANCE NO. 68-01B – AN ORDINANCE amending Ordinance No. 68-01A, passed April 1, 2002, for the purpose of increasing the contacting authority for 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 contact 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.
Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 68-01B on 1st Reading and refer it to the Committee of the Whole.
Motion adopted. All members voting yea.
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12. ORDINANCE No. 131A-02 – AN EMERGENCY ORDINANCE adjusting appropriations for expenditures in the General Fund for the fiscal year ending December 31, 2002 for the purpose of building a Dog Park/Run in the City of Lakewood.
Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 131A-02, on first reading and refer it to the Committee of the Whole.
Ms. Roth asked if FIDO agreed to this and if a special fund was not required to receive money for the endeavor. Finance Director Blasko indicated that the City would determine how the funds would be spent . Miscellaneous revenue back into the General Fund. Response was that the Lakewood Animal Shelter- CLAAS group would accept checks on behalf of the animal shelter as a non-profit.
Motion adopted. All members voting yea.
13. Communication from Public Works Director Boag regarding proposed Ordinance No. 62-01A – Infrastructure Improvements Contract Authority Reallocation for Deep Grind and Overlay Street Projects.
Mr. Skindell referenced a surplus of $70,000 and asked what happened to that. Mr. Boag responded that at the moment the plan would be to save that $70,000 but that until the construction was completed they would not know for sure exactly what the total amount would be. He said at that time he would confer with his colleagues to see if another street could be done but indicated there were not many candidates for deep grind and overlay. He said most of the streets would be more than $70,000.
Motion by Mr. George, seconded by Mr. Seelie, to receive and file the communication.
Motion adopted. All members voting yea.
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14. ORIDNANCE NO 62-01A – AN EMERGENCY ORDINANCE amending Ordinance No. 62-01, passed February 4, 2002, for the purpose of increasing contracting authority for the Director of Public Works to engage in 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 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.
Motion by Mr. Corrigan, seconded by Mr. Seelie, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 62-01A on final reading.
Yeas: Corrigan, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Rules suspended.
Motion by Mr. Seelie, seconded by Mr. George to adopt Ordinance No. 62-01A.
Yeas: Corrigan, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 62-01A.
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15. Communication from Law Director Spellacy regarding Gas Aggregation.
Motion by Mr. George, seconded by Mr. Seelie, to receive and file the communication.
Motion adopted. All members voting yea.
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16. ORDINANCE NO. 132-02 – AN EMERGENCY ORDINANCE approving the plan of operation and governance for the NOPEC Gas Aggregation Program for the purpose of jointly establishing and implementing a Gas Aggregation program.
Motion by Mr. George, seconded by Mr. Seelie, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance no. 132-02 on final reading.
Mr. Skindell said that that night was the opt-out provision and would provide cost savings to the citizens. He said he would prefer the item be referred to the Committee of the Whole to see how to address the gas side of the aggregation. He said careful deliberation should be made.
Ms. Roth said the contract was provided to the Council Office but that it should have been provided to Councilmember’s homes being that a vote was expected that night. She said she was not for rushing the decision.
Mr. Cranston from NOPEC stated that the gas opt-out process…if a person signed a contract with another supplier, then that person would not be included in the opt-out mailing. The Gas legislation is different from the electric. He said that this only addressed people who have not switched and are still buying from Dominion East Ohio on the tariff.
About 50% have already switched. Of NOPEC already sixty communities have already signed the program agreement. The rush is that if this is not done now – Lakewood residents would not be able to participate for the winter season when they will be using most of their gas. Opt-outs would be sent out in August. A pre opt-out notice had to be mailed out, then an opt-out notice and then a 21 day period would have to be allowed for people to opt out and then all the responses and data – would have to enroll all those customers with the utility – the utility sends out a letter to all customers, giving them a right to rescind - then there is another seven day period, then it takes about two billing cycles for the utility to actually transfer those customers over to the NOPEC program. That process takes 3-4 months and we’re up against having to start it November 1, to start it in time for the winter heating season and to ensure our supplier has adequate supplies in storage to serve those customers.
Ms. Roth said that people will be stuck with the contract.
Mayor Cain said she would encourage passage that night.
On the motion to suspend the rules.
Yeas: Corrigan, FitzGerald, George, Seelie,
Nays: Roth, Skindell
Motion fails.
Item was revisited after Item 17.
Motion by Mr. Skindell, seconded by Mr. George, to place Ordinance No. 132-02 on First Reading and refer it to the Rules & Ordinances Committee.
Motion adopted. All members voting yea.
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17. ORDINANCE NO. 133-02 – AN EMERGENCY ORDINANCE authorizing the Mayor
to enter into an agreement with the Northeast Ohio Public Energy Council (NOPEC)
for the provision of Gas Aggregation Services in the City of Lakewood with opt-out
provisions pursuant to Ohio Revised Code 4929.26 and pursuant to the approval
of the electors of the City of Lakewood on May 7, 2002.
Motion by Mr. Skindell, seconded by Mr. Seelie, to place Ordinance No. 133-02 on 1st Reading and refer Ordinance No. 133-02 to the Rules & Ordinances Committee.
Ms. Roth requested that each councilmember receive a copy of material on gas aggregation.
Motion adopted. All members voting yea.
Meeting adjourned 10:47 PM.
Approved:______________________________ ________________________
PRESIDENT
________________________
CLERK OF COUNCIL