minutes of the regular strongsville council meeting 12-19-05.pdf · minutes of the regular...

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MINUTES OF THE REGULAR STRONGSVILLE COUNCIL MEETING HELD ON DECEMBER 19, 2005 IN THE COUNCIL CHAMBER CALL TO ORDER : The Meeting was called to order at 8:03 p.m. by the President of Council, Raymond J. Haseley. All joined in the Pledge of Allegiance to the Flag. CERTIFICATION OF POSTING : The Clerk of Council certified that the meeting had been posted according to the requirements of Ordinance No. 2004-273. ROLL CALL : Present were: Council Representatives : Patrick J. Coyne, Joseph C. DeMio, James A. Kaminski, Raymond L. Haseley, Michael J. Gallagher, Mark A. Roth, III and Michael J. Daymut. Also Present: Leslie J. Seefried, Clerk of Council. Administration : Thomas P. Perciak, Mayor; Kenneth A. Kraus, Law Director; Donald C. Batke, Finance Director; Joseph M. Walker, Service Director; Eugene P. Magocky, Economic Development Director; Robert E. Moody, Chief of Fire; Charles W. Goss, Chief of Police; John Bedford, Communications and Technology Director; Ken Mikula, City Engineer; Anthony J. Biondillo, Building Commissioner; and Stephen F. Kilo, Recreation Director. COMMENTS ON MINUTES : The Minutes of the Regular Council Meeting held on December 5, 2005 were approved as submitted. APPOINTMENTS AND CONFIRMATIONS : Mr. Haseley – I believe we have Chrystal Gullett and Kathie Wesolowski who are going to make a presentation to the Mayor. Do you want to step forward? I hope I pronounced your name correct. Kathie Wesolowski – Very nicely done. Mr. Haseley – Thank you. Kathie Wesolowski – Mayor Perciak, Chief Goss, and Honorable Members of Strongsville City Council; I’m Kathy Wesolowski, Director of Rainbow Babies and Children’s Hospital’s Community Safety and Resource Center. We’re the lead agency for the Cuyahoga County DUI Task Force.

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MINUTES OF THE REGULAR STRONGSVILLE COUNCIL MEETING

HELD ON DECEMBER 19, 2005 IN THE COUNCIL CHAMBER

CALL TO ORDER: The Meeting was called to order at 8:03 p.m. by the President of Council, Raymond J. Haseley. All joined in the Pledge of Allegiance to the Flag. CERTIFICATION OF POSTING: The Clerk of Council certified that the meeting had been posted according to the requirements of Ordinance No. 2004-273. ROLL CALL: Present were: Council Representatives: Patrick J. Coyne, Joseph C. DeMio, James A. Kaminski, Raymond L. Haseley, Michael J. Gallagher, Mark A. Roth, III and Michael J. Daymut. Also Present: Leslie J. Seefried, Clerk of Council. Administration: Thomas P. Perciak, Mayor; Kenneth A. Kraus, Law Director; Donald C. Batke, Finance Director; Joseph M. Walker, Service Director; Eugene P. Magocky, Economic Development Director; Robert E. Moody, Chief of Fire; Charles W. Goss, Chief of Police; John Bedford, Communications and Technology Director; Ken Mikula, City Engineer; Anthony J. Biondillo, Building Commissioner; and Stephen F. Kilo, Recreation Director. COMMENTS ON MINUTES: The Minutes of the Regular Council Meeting held on December 5, 2005 were approved as submitted. APPOINTMENTS AND CONFIRMATIONS: Mr. Haseley – I believe we have Chrystal Gullett and Kathie Wesolowski who are going to make a presentation to the Mayor. Do you want to step forward? I hope I pronounced your name correct. Kathie Wesolowski – Very nicely done. Mr. Haseley – Thank you. Kathie Wesolowski – Mayor Perciak, Chief Goss, and Honorable Members of Strongsville City Council; I’m Kathy Wesolowski, Director of Rainbow Babies and Children’s Hospital’s Community Safety and Resource Center. We’re the lead agency for the Cuyahoga County DUI Task Force.

Minutes of the Regular Council Meeting December 19, 2005 – Page 2

APPOINTMENTS AND CONFIRMATIONS – (Cont’d): Kathie Wesolowski (cont’d) - I’ve been looking forward to coming to Strongsville tonight to give this presentation because you were, your community and its foresight, were one of the leaders in this Task Force year, one of the six charter members. The Task Force now is a coalition of 45 Cuyahoga County law enforcement agencies who collaborate to reduce the number of injuries and deaths caused by impaired driving. In September of this year, the International Association of Chiefs of Police awarded our Task Force first place in their multi-jurisdictional category in their Law Enforcement Challenge. Agencies throughout the nation and agencies throughout the world competed for this award and our Cuyahoga County Task Force was the only Ohio agency to even claim a first place, and we beat out many, many, many wonderful agencies throughout the world for this Task Force prize. Strongsville has supported the Task Force’s goal of decreasing impaired driving by conducting high visibility impaired driving saturation patrols and very productive DUI checkpoints throughout the year. Study after study have shown that these measures are effective in deterring impaired persons from driving and Strongsville’s DUI checkpoints are among the best run in our county. The leadership offered by Mayor Perciak, Chief Charles Goss and Deputy Chief Jim Spickler and the efforts of the Strongsville Police Department have been an integral part of our Task Force’s success. Since the Task Force’s inception in 2000, Deputy Chief Spickler, Chief Goss and the Strongsville Police Department Traffic Unit have been leaders of the efforts, both in Strongsville and county-wide. They have mentored new member departments, they hold and maintain the Task Force’s checkpoint trailer and programmable sign board and they’ve hosted DUI and traffic enforcement training workshops. Under the leadership of Strongsville Police Department, there’s been an expansion of traffic safety presence aimed at your area residents which includes special educational efforts at the Strongsville High School and special homecoming and prom time patrols to protect students from motor vehicle crashes. They’ve also conducted community-wide education and incentive programs aimed at increasing safety belt use and deterring impaired driving. This Police Department’s Traffic Unit also has the area’s best and most active child passenger safety technicians and serves to protect the community’s most vulnerable and youngest motor vehicle passengers by ensuring that their car seats are properly installed and used. It was those types of efforts that added weight to our successful application to win the first place award. So, in recognition of the Strongsville Police Department and the City of Strongsville’s dedication to keeping roads safe from impaired drivers, I would like to present the IACP Law Enforcement Challenge Award to Mayor Thomas Perciak and Chief Charles Goss. (Applause)

Minutes of the Regular Council Meeting December 19, 2005 – Page 3

APPOINTMENTS AND CONFIRMATIONS – (Cont’d): Chief Goss – I would also like to thank and commend Rainbow Babies and Children’s Hospital. It’s been an honor to be part of this Strike Force (unintelligible), as you mentioned, and I think that this national recognition is evidence of the job that you’ve done in putting this Strike Force together and (unintelligible) growing and growing. It’s evidence of how much we can do, how much more we can do when we work together rather than independently. So, thank you. Kathie Wesolowski – Thank you so much. REPORTS OF COUNCIL COMMITTEES: BUILDING CODES AND CEMETERY – Mr. Roth: Thank you, Mr. Haseley. On December 8th I conducted a Building Codes Committee meeting and many things were discussed and it really came to light how hard Mr. Ken Mikula is working on several issues that I’ve raised, that the Council’s raised, and even that he is aware of on his own. We’re going to have another meeting soon, but right now we’re digesting a lot of material that was passed out at that meeting. I was very encouraged by what transpired there. What’s being prioritized towards the top of the agenda are new ordinances for illicit discharge and construction site pollution control. Also, the next step, just to highlight; you know, we’re going to be reviewing existing ordinances, reviewing example ordinances, reviewing model ordinances, bringing suggested changes to the next meeting, then we’ll have them reviewed by the Law Director, of course, and go through the proper procedures. I also was encouraged that even the… Mr. Mikula was reading my mind – he’s going to try to do whatever he can, safely and engineered wisely, to have our retention basins hold the maximum year storm and then hold back in a safe manner storm water, more than has been held back before, and releasing slowly over a longer period, which means our large retention basins will actually be holding water for a little period of time there and safely releasing that, which is a joy to hear for Ward 3, since the flow has always been increased dramatically year by year, for whatever reason. So, very thankful for Mr. Mikula and all his hard work; was thankful also for Mr. Daymut and Mr. Kraus and Mr. Biondillo for their attendance. And we’ll be having another meeting shortly. Also, Resolutions 267 and 268 are on for a vote of Council. Also, I received some information, I believe from you, Mr. Daymut, which I’m thankful for, but all this noise pollution abatement plans I’m concerned about for Fair Road, in my ward, is being conducted in conjunction with ODOT. Well, ODOT doesn’t help me and ODOT doesn’t help the residents of Ward 3 because the problem is coming from the Turnpike.

Minutes of the Regular Council Meeting December 19, 2005 – Page 4

Mr. Roth (cont’d) - And all these surveys and all these plans and all these possible technologies to reduce noise pollution that was created by widening and putting a concrete median in that Turnpike doesn’t apply – ODOT’s decisions don’t apply to the Turnpike. So we need the Turnpike involved in this to resolve the noise pollution. They’re separate entities. You know, next June you’ll get a response back from, you know, the ODOT and maybe higher public officials who are working on this, and we’re all appreciative of that, but really, that’s when they’ve got to be really discussing I-71, where ODOT is in charge, has jurisdictional charge over that road. But the Turnpike, that’s not going to solve it. So I need the Turnpike to help residents of Strongsville from this change in their environment. And, hopefully, we don’t have to wait forever to hear from them. At the next meeting that I call for the Building Codes Committee, also, I’ve been asked by Mr. Evans from the BZA for my committee to take a look… I just received Saturday his request to take a look at business and industrial signs and see if we can make… what Council and what the Administration would want to do in regards to business and industrial signs on the roadway. And that’s all I have within this committee. Mr. Haseley – Thank you, Mr. Roth. Mr. Roth – I might, if I feel, I might be singing later. Mr. Haseley – Okay. Any questions for Mr. Roth? (None) FINANCE – Mr. Gallagher: Thank you, Mr. Haseley. Oh, whoa, didn’t Mr. Roth just say Mr. Mikula could read his mind? Ken, will Mark be singing this evening? Mr. Mikula – I predict no. Mr. Gallagher – Before Finance this evening is Resolution 2005-257, Ordinance 2005-258, Ordinance 2005-259; all recommendations are suspension and adoption for this evening. And I’d like to thank all of Council and the Mayor and the Administration and all those that attended the year-end Finance hearing to close the books for 2005. A lot was accomplished. I appreciate the dinner that the Mayor brought in for us because it was a late evening, and I really do appreciate the dialog that we had, the issues that we addressed and the problems that not only faced us in the past couple years, but the problems that face us here in the future financially. I’m confident with what we have done we’ll be able to move forward with a five year program to have a financial outlook and have plans for the City for the first time in memory where we can let you, the taxpayer, know what we’re doing, what we need, what we need to provide the services to you. So, once again, I thank everybody for their attendance, their input and their insight. And that’s all we have.

Minutes of the Regular Council Meeting December 19, 2005 – Page 5

Mr. Haseley – Thank you, Mr. Gallagher. Any questions for Mr. Gallagher? (None) INDUSTRIAL/COMMUNITY DEVELOPMENT – Mr. Daymut: Thank you, Mr. Haseley. Industrial/Community Development did meet briefly this evening; we have no ordinances or resolutions on this evening’s agenda. I’d like to mention again that on Thursday, January 12, 2006 at 7 a.m. we will have our next breakfast meeting and I’d like to thank Southwest General Health Center for sponsoring that particular event and, again, our guest speaker will be Brian Tucker, publisher and editorial director of Crane’s Cleveland Business – we look forward to that. As most of our residents should know by now, last week you received a survey in the mail. We are encouraging everyone in the City of Strongsville, all our residential homes that we received one, to respond to that survey. We hope you take that on-line if you can. It’s my understanding we received a couple thousand today; I have not been able to go over that. We need to know what your concerns are, what your desires are, what you are willing to support, what you are not willing to support. So, please, even though we are in the holiday season, take a brief minute to answer the survey – very simple; it can be mailed back, or, and as I suggest, please take it on-line. You can access the information on our government channel, for those of us watching this right now, right after our broadcast, that will be back on. And our next meeting will be determined when new committees are formed at the beginning of the year. So that’s all I have today, Mr. Haseley. Thank you very much. Mr. Haseley – Thank you, Mr. Daymut. Anybody have anything for Mr. Daymut? (No comments) PLANNING, ZONING AND ENGINEERING – Mr. Haseley: Planning, Zoning and Engineering met this evening with the following recommendations: Ordinance 2005-210, place on third reading, set for a public hearing February 6, ’06; Ordinance 2005-250, recommendation is to suspend and adopt; Resolution 2005-251, recommendation is to suspend and adopt; Ordinance 2005-252, recommendation is to suspend and adopt; and Ordinance 2005-253, recommendation is to suspend and adopt; Ordinance 2005-254, place on first reading, refer to Planning Commission, back to committee; Ordinance 2005-255, suspend and adopt; Resolution 2005-256, suspend and adopt. If there are any questions, I’ll try to field them. (No questions)

Minutes of the Regular Council Meeting December 19, 2005 – Page 6

PUBLIC SAFETY – Mr. Daymut: Thank you, Mr. Haseley. Public Safety did meet this evening and we gave a favorable recommendation to Resolution 2005-265, and that’s to advertise for requests for construction manager for the new Ward 4 fire station; and also gave favorable recommendation to Ordinance 2005-266, which is a grant from the Attorney General’s office in the sum of $30,182.00 to pay for our grant employees – that will fund one full-time and one part-time DARE officer during the 2005/2006 school year. I’d like to give a brief report on the meeting we had on Monday, December 12th. As far as the Fire Department, we discussed staffing and the request in the budget for next year for the possibility of nine to twelve new firemedics, new fire engine, radios for the rescue squads. And I’d also like to announce that our CERT team will be graduating here, fourteen finished that, we appreciate that. And the VIP Program in the Police Department is continuing; I believe there are 18 – am I correct, Chief – in that class, in three or four weeks hopefully I’ll have some more information on that. Discussed the Ward 4 fire station. The prices have gone up since we first started discussing it. We hope, obviously, with the Police Department to have a levy perhaps on the May ballot to accommodate the needs that have been so sorely lacking over the years with the Police Department. We will meet again in January to formalize what the project will cost with the addition, hopefully, of a new city hall, and have more information for Council and for the public during the month of January on the new police facility that we are looking at. And finally, communication, emergency notification: Our AM Radio 1640 will be ready to go very shortly; 911 upgrade is in the works, connecting with fiber optics, very important to us; we discussed sirens, see what direction we can go in the next year on that. And we do encourage everyone to, if they can, purchase a weather radio. They have the capability now, of obviously having the battery backup in case of power failures, and the Amber Alert, weather alerts are also broadcast over that, and we would have the capability also of accessing the radio frequency on ours and you can hear whatever event might be taking place in town that you need to be made aware of. And our next meeting will be determined with the new year and the committee assignments. That’s all I have this evening, Mr. Haseley. I thank you very much. Mr. Haseley – Thank you, Mr. Daymut. Mr. Daymut – Did I make my five minutes? Mr. Haseley – No, a little over half. Mr. Daymut – Oh. Thank you. Mr. Haseley – Any questions for Mr. Daymut? (None)

Minutes of the Regular Council Meeting December 19, 2005 – Page 7

SOUTHWEST GENERAL HEALTH CENTER – Mr. Gallagher: Thank you, Mr. Haseley. There is a meeting Wednesday the 21st and I hope to be in attendance; it’s the year-end meeting, so we get fed, so I’ll probably be there. Mr. Haseley – Thank you. Any questions for Mr. Gallagher? (None) PUBLIC SERVICE – Mr. Kaminski: Yes, Public Service met this evening to discuss five ordinances: Ordinance 2005-260, which is a change order for Foltz Parkway Extension, the recommendation is suspension and adoption; Ordinance 2005-261, 262 and 263 are for purchase of equipment for use by the Public Service Department, recommendation is suspension and adoption on those; and, lastly, 2005-264 is an agreement with the RTA to sell them road salt; recommendation is suspension and adoption on that, as well. And that completes my report. Mr. Haseley – Thank you. Any questions for Mr. Kaminski? (None) RECREATION/SENIOR AND FAMILY PRESERVATION – Mr. Coyne: Thank you, Mr. Haseley. There are no ordinances or resolutions in committee this evening. I continue to work with Mr. Kilo to prepare for the 2006 budget and, other than that, that’s all we have this evening. Mr. Haseley – Thank you. Any questions for Mr. Coyne? (None) SCHOOL BOARD – Mr. Roth: Thank you, Mr. Haseley. On December 20th I went to the school board meeting and they highlighted this past year and spoke of how the preschool opened this year on Lunn and opened up valuable space at Drake Elementary back for learning, and they talked about the Muraski addition that’s proceeding smoothly, they talked about the $13 million balance at the end of this month, they talked about a co-pay of the legal fees for the school system – 60/40 – 60 percent pay by the schools, 40 percent pay by the City, which surprised me, they talked about the strategic planning committee proceeding forward, and they talked about how the high school call flow system was updated and upgraded. And those were the highlights. That’s all I have. Mr. Haseley – Thank you, Mr. Roth. Anybody have anything for Mr. Roth? (No comments)

Minutes of the Regular Council Meeting December 19, 2005 – Page 8

UTILITIES, RAILROADS AND FRANCHISES – Mr. DeMio: I am glad to say that the committee is up to date this year, so we have nothing to meet on until next year. So that would be it; unless the Mayor or our President of Council has anything to add, we are A-OK so far. Mr. Haseley – Good. Mr. DeMio – Thank you. But I’ll take questions otherwise; how about that. Mr. Haseley – All right. Anybody have anything for Mr. DeMio? (No comments) Mr. Haseley - I’m going to put the Council-As-A-Whole here. Council-As-A-Whole met this evening on the following three Ordinances: 2005-269, recommendation is to suspend and adopt; Ordinance 2005-270, place on first reading and refer to committee; Ordinance 2005-271, recommendation is to suspend and adopt. If there are any questions, I’ll handle them. (None) RULES AND ORDINANCES – Mr. Haseley: I met with the Law Director this morning to go over all the resolutions and ordinances to see whether they are in proper legal form, and I would ask him to verify that. Mr. Kraus – Mr. Chairman, I can confirm that the resolutions and ordinances this evening are in proper legal form. Mr. Haseley – Thank you. REPORTS AND COMMUNICATIONS FROM THE MAYOR, DIRECTORS OF DEPARTMENTS AND OTHER OFFICERS: Mayor Perciak – Thank you, Mr. President. Very briefly this evening, just on behalf of my Administration and my family and the entire City Council and everybody sitting up here this evening, we want to wish everyone a very Merry Christmas and a very Happy New Year. And we hope that the New Year brings good tidings and good health, and Happy Holidays. Thank you. Mr. Haseley – Thank you, Mayor. Right back at you. Any questions for the Mayor? Mr. DeMio – You’re pretty hip there, Ray. Mr. Haseley – Every once in awhile.

Minutes of the Regular Council Meeting December 19, 2005 – Page 9

Mr. Roth – Mr. Haseley. Mr. Haseley – Yes, Mr. Roth. Mr. Roth – I decided in the last second that I am going to sing. Mr. Haseley – Okay. Mr. DeMio – Can we have a recess? Mr. Roth – Now, you might not agree with everything and I’m not going to voice these things for the people to debate, but here’s my little song to voice for Ward 3. Mr. Haseley – Do you need a drum roll or anything, Mark? Mr. Roth – No, no. Mr. Haseley – Okay. Mr. Roth – Just, you maybe need earplugs. Mr. DeMio – Could we have a recess right now, Ray? Mr. Roth – On the twelfth day of Christmas my people said to me, please fix at least the surface of Priem and Whitney Road next year. On the eleventh day of Christmas my people said to me, please hold back the storm water coming from the south and east. On the tenth day of Christmas my people said to me, please have the Turnpike Commission implement some noise pollution controls. On the ninth day of Christmas my people said to me, please give this City a police station next year. On the eighth day of Christmas my people said to me, give the residents of Westwood and Olympia and The Dells a well buffered, less dense, safe development next door. On the seventh day of Christmas my people said to me, eliminate the dirty politics that this City is not immune from. On the sixth day of Christmas my people said to me, please initiate and implement an audio emergency system – sirens. On the fifth day of Christmas my people said to me, please eliminate some of the top heaviness within the City. On the fourth day of Christmas my people said to me, quit the yellow journalism that the Sun News is engaged in. On the third day of Christmas the people said to me, put the street lights and widening on Pearl and Whitney Roads when the Renaissance Park goes in… Mr. DeMio – His five minutes are up.

Minutes of the Regular Council Meeting December 19, 2005 – Page 10

Mr. Roth - …for the residents of Big Creek Parkway. On the second day of Christmas my people said to me, treat all the residents the same when it comes to taxation, do a little belt tightening and trimming of the fat before you stick out our hands for more money to spend. On the first day of Christmas my people said to me, in 2006 reprioritize the budget. That’s it. Mr. Coyne – That CD will be on sale at Borders tomorrow morning. Mr. Daymut – Got that on tape? Mr. Roth – You’re right, Mr. Coyne, and all the copies will still be there next year. Mr. Haseley – Don’t get there early. Mr. DeMio – Ray. Mr. Haseley – Yes. Mr. DeMio – I just got a call from Judge Freidman downtown at Common Pleas, I had to take it, and he says that Judge Donnelly is here for probate services for after the meeting. So get ready, Mark. And, Charlie Goss… Mr. Roth – I know, that was bad. Mr. DeMio – Chief, you have to get the white rope for him with the net. Mr. Haseley – Thanks. Anything else, other than singing, for the Mayor? (No comments) FINANCE DEPARTMENT – Mr. Batke: Thank you, Mr. Chairman. Boy, that’s a tough act to follow, but I’ll try to do my best not to tempt litigation, so I’ll just say that funds will be made available for all of the resolutions and ordinances on this evening’s agenda requiring certification of funding and up for adoption. Thank you. Mr. Haseley – Thank you. Any questions for Mr. Batke? (None) LAW DEPARTMENT – Mr. Kraus: Thank you, Mr. Chairman, a number of litigation items. In the Zerman case brought by Zerman, Neiberding and Rozman, the City of Strongsville has filed motions for summary judgment which are now pending before the federal court.

Minutes of the Regular Council Meeting December 19, 2005 – Page 11

Mr. Kraus (cont’d) - In the Bartos case, you’ll recall that involves the URS study results, I attended a case management conference a week ago, the court has set a briefing schedule, discovery schedule and has scheduled a final pretrial for June 26th and trial for July 12th. The City has been served with a new lawsuit in the matter of the estate of Joseph Nigro regarding an incident occurring at the City’s jail. The matter has been forwarded to the City’s insurance carrier for handling and defense. We will work, of course, with the insurance defense counsel on that particular matter. I would also like to note that we have received a notice from the Federal District Court that commencing January 1st of next year all pleadings and other matters will be filed in their entirety by electronic means. The Federal District Court will no longer accept written pleadings. This is obviously the direction that all of these courts are heading with respect to the advances in technology. I would further like to commend Lori Daley from our Engineering Department in connection with the work that the Law Department has engaged in really during the past six months in connection with the Renaissance Park subdivision matter, which is on before Council this evening. All the members of the Engineering Department were very helpful, but Lori Daley in particular was assigned to work with our department in this matter. She was always there for us to support us in connection with issues arising involving legal descriptions and title matters and engineering drawings, and I would like to publicly commend her for her work in connection with this particular project. I would like to further note that due to the Christmas holiday that the deadline for submitting requests for legislation to the Law Department will be this Wednesday, December 21st, as opposed to Thursday. And, finally, I would like to note that this afternoon I received an email concerning a new decision from the 9th District Ohio Court of Appeals in connection with the sign ordinance in the City of Hudson, Ohio. Essentially, the Court of Appeals has found invalid Hudson’s attempts to regulate the size and other matters concerning political signs in the City of Hudson. And again, this really reflects a number of decisions that we’ve seen in the past couple years in the courts which are very sensitive in scrutinizing signs, particularly in the area of those signs expressing either religious content or political content. I’m going to obtain a copy of the decision and I will circulate a memorandum to the Mayor and members of Council concerning the implications of this decision. That completes my report, Mr. President. Mr. Haseley – Thank you very much. Any questions for Mr. Kraus? (None)

Minutes of the Regular Council Meeting December 19, 2005 – Page 12

Mr. Haseley – You did very well. Mr. Kraus – Thank you. AUDIENCE PARTICIPATION: Dale Stelbasky, 9533 Brushwood Lane, Strongsville – My name is Dale Stelbasky; 9533 Brushwood Lane, Strongsville, Ohio. Good evening. That was good, Mark, that was good. Mr. Roth – The tie’ll cease in a second here. Go ahead. Dale Stelbasky – Ladies and gentlemen, the reason I’m here tonight is I have a proposal to change our street name. We have a street, it’s called Brushwood Lane, and it’s divided by a divider in the middle and it’s been like that since I’ve lived here for 13 years. And what we’d like to do is change the name from Brushwood to South Brushwood and to North Brushwood, and by doing so we feel that it would help the fire and police response to coming to our neighborhood if needed. There has been a proposal for a development to go in and the area that the development is going in is, where the retention area is that holds our water right now, is they possibly were thinking of putting the street through and that way, you know, it’d be right in the middle of the retention area. They’ve been talking about putting the street through for years and years and years and we just finally want to put some closure to this. We’ve been plagued with a lot of flooding problems that we’ve had over in this area and that area does act as a retention area and it does serve as a good retention area. And, on a personal note, I want to let you know and I want you to take this to heart, we have several children in my neighborhood who have autism and my son being one of them. And one of the reasons I did move into that neighborhood was to have safety for my son. He can’t speak, he’s seven years old. It’s a hard thing to take care of a seven year old boy who doesn’t understand and, as cautious as we are, we really do try to watch my son the best that we possibly can, but every so often he can get out without us knowing and he’ll run into the street because he doesn’t know any better. We have that area down there, it’s perfect, the neighbors all know my son and the other two autistic children who live there, and we would really like you to consider to leave that street like it is, keep the area as a retention area in the middle for the water, where it’s been going for the last 12 or 13 years or longer. And that’s about all I have to say. I do have a petition here from every signature on Brushwood Lane on both sides, and I have an exhibit of the plans for the street. And Merry Christmas and Happy New Year. Mr. Haseley – Same to you. Thank you, Dale. Would you give that information to Mr. Mikula here? Thank you. Dale Stelbasky – Okay, thank you.

Minutes of the Regular Council Meeting December 19, 2005 – Page 13

Mr. Haseley – Anybody else in the audience that cares to address City Council, step forward. Tim Petechik, 16651 Whitney Road, Strongsville – Yes, my name is Tim Petechik; it’s 16651 Whitney Road. I’d like to talk about the Renaissance Park project. I was up here last month and I was talking about the entrance onto Whitney Road. The entrance onto Whitney Road is still a bad idea – never a good idea. We were promised, as to literature from Mr. Lewansky, that originally it called for a right in, right out on Whitney Road. Well, during our committee meetings with him, the residents, we said that was no good and it’s kind of silly to put a right in, right out, you’re just putting people right back on Whitney Road again, having them right back onto Pearl Road again where you’re trying to get rid of them. As of 1/26/04 they have a new one that everybody saw, and right before we voted the drawings show that there is no entrance on Whitney Road. This is what the people voted for. Okay? Not the entrance on Whitney Road and definitely not a light on Whitney Road. Okay? It doesn’t make any sense as far as I’m concerned; you’re trying to take traffic off of Pearl Road, which is made to handle this kind of traffic, and put it on a side street, a residential side street. Okay? Now you’re going to widen Whitney Road down from the bridge on down; unfortunately, not everybody stops at that bridge there and then dissipates. It has to come somewhere and it’s coming right down Whitney Road, where it is not made for that kind of traffic. And all your traffic studies haven’t showed anything or haven’t even took into account for Schneider’s Farm, which is going to add another 140 houses and condos to there. That’s probably another, what, 280 for the two cars per house? That’s another 280 cars coming down that road. Okay? Not, not, not… It just doesn’t make any sense. And you’re going to put lights there? There’s going to be nowhere us poor people are going to be able to get out of our driveways, not including the traffic, not including the kids walking down the street from the apartments down to Huntington Park Estates and everything else all day long. Countless times I’ve almost hit people walking down that road. It is not safe to add more traffic onto it. We realized when we did this there was going to be more traffic coming down there, but we were trying to sit there and not make an entrance on Whitney Road to sit there and dissipate some of the traffic so they would go down to Sprague or whatever, they wouldn’t cut up Whitney Road – tried a little deterrent. Now we’re adding lanes, we’re adding lights, we’re right in, right out. This was not made for this. And I’ve got right here where Mr. Haseley sat there and said in this little brochure here that they were trying to sit there and will fix the traffic solutions on Pearl and Whitney. Well, that doesn’t mean creating a bigger problem on Whitney. I don’t understand. There’s got to be a compromise. Maybe we can sit there and, you know, not put the entrance in there, see what the traffic flow is like with just the widening of Whitney Road down that way, we’ll see what happens and if we find out in phase 2, when he goes to build phase 2, that it’s still a problem, if there’s a problem there, then we’ll deal with it then. But right now, once you sit there and put that in there, what’s our recall? Are you going to take it out if everybody complains and you find out it’s not a good idea?

Minutes of the Regular Council Meeting December 19, 2005 – Page 14

Tim Petechik (cont’d) - Traffic flow studies are one thing, the reality is another. Like I said, gentlemen, I know you’ve probably already got your minds made up, but it’s time to start listening to your constituents and not the developers and not the people at Wal-Mart or whatever, or Lowe’s and that, that want this in there. The only reason this is going in there is it’s a traffic flow for Lowe’s so they don’t have to go to Pearl Road and then they have a choice between Home Depot and Lowe’s. They come in on Whitney Road they’re going to past Lowe’s first, that’s the first place they’re going to go. That’s it. I’m sorry, but we’re not here to sit there…we’re not willing to give up our street just to sit there and satisfy Lowe’s customers. That’s about all I have. Thank you, and you have a Merry Christmas. Mr. Haseley – Thanks, Tim. Mr. Daymut – Mr. Haseley. Mr. Haseley – Mr. Daymut. Mr. Daymut – I was just handed a letter from Glenn and Candy Michalski on Whitney Road, 16125. I’d like to enter that into the record; it’s actually to all of Council, basically reiterating what Tim said about the entranceway, what was promised, what the literature…discussions with Council as we went through the rezoning, and asking that they don’t like any driveway from the development onto Whitney Road. But I think in all fairness to them, we need to enter this into the record. Mr. Haseley – That’s fine. Mr. Daymut – So Leslie, if you’d do that, I would appreciate it. (A copy of a letter to Strongsville City Council from Glenn and Candy Michalski, 16125 Whitney Road, dated December 19, 2005, is attached to the original transcript of these Minutes as a part of the record.) Mr. Haseley – Anybody else? Amy Petechik, 16651 Whitney Road, Strongsville – Amy Petechik of 16651 Whitney Road. Gentlemen, we’ve been up here several times and I won’t reiterate what my husband had to say, I just had a couple of other comments. I had several people call me after they’ve seen the resolutions on the computer that were up for tonight. Many people called, same thing, said I can’t believe this is happening, and I invited them to come up and speak and, once again, said why. Everybody’s got their mind made up, nobody cares what we want.

Minutes of the Regular Council Meeting December 19, 2005 – Page 15

Amy Petechik (cont’d) - The other thing I wanted to bring up that my husband didn’t is just one fair example; two weeks ago, my going to work on Whitney Road, I was heading east on Whitney, about knocked me off the road by the Schneider’s farm is a GFS semi truck coming down Whitney to Pearl to go into Gordon Foods. Whitney Road is not wide enough to handle an eighteen wheel truck. That road is crumbling at the ends, it is a mess. Until we are going to make an infrastructure to handle such a thing, opening up a driveway to invite that type of traffic down Whitney is crazy. And, like my husband said, we’ve got now kids coming from the apartments visiting kids in the housing developments, they’re walking down the street; all there is is our little narrow road and a ditch. And, like now, when it’s six o’clock and I’m coming home from work and there’s tons of traffic down Whitney, it is dark, I don’t even see these kids until I’m up on top of them. I am fearful every time that I’m going to hit them because there’s nowhere else for me to go, either in the ditch or to push somebody else from the other side off. It’s a dangerous situation, I mean beyond just being a problem for us to get in and out of our driveway, and I really wish that you would reconsider how this is going to be worked out. Thank you. Mr. Haseley – Thank you. Is there somebody else over there that wants… Come on up. Charles Schultz, 16605 Whitney Road, Strongsville – The name’s Charles Schultz; 16605 Whitney Road. Lived in Strongsville for about 50 years. Question to the Planning Commission. How long have you been in existence and how far in the future do you figure on planning? I was here when the City welcomed all those hotel and motels, whatever you want to call them, on the north end of Strongsville. They loved it. Brought a ton of business to the City. Well hey, that’s hindsight. How far ahead are you guys looking? Six months, six weeks, six years, or fifty years? I mean, you know, it’s water over the dam, so to speak, and we’re trying to patch it. I know no one’s here that made the mistakes, like Vining’s beautiful gas station up there on the square. Isn’t that nice? Too bad it isn’t red and white like it used to be. So, it’s something to think about. No comment on how far ahead the Planning Commission plans, per se? Year, two years, ten years? Thank you for your time. Happy Holidays. Mr. Kaminski – Ray, you’re the one on the Planning Commission. Mr. Haseley – Yeah. Okay, anybody else in the audience wants to address City Council? Henry Scholle – My name is Henry Scholle; I did live at 17136 Whitney Road. In all fairness, I don’t think that Mr. Lewansky was planning on putting an entryway into the Renaissance. But I think he had to take into consideration that the Fire Department had to get in there in the event of emergencies.

Minutes of the Regular Council Meeting December 19, 2005 – Page 16

Henry Scholle (cont’d) - Now, I’d hate to see her husband or anybody else’s husband or wife or anything else have a heart attack in there and our Fire Department has to go around and fight the traffic in order to get in. Because when you have a heart attack, every minute counts. And I think this is one of the things that our safety department was looking into and why they recommended that an entryway be left into the Renaissance Park. That’s all I have to say. Merry Christmas. Mr. Haseley – Thank you very much. Mr. Kaminski – Mr. Haseley, just a quick comment. That’s exactly… after talking with both Chiefs, that’s exactly the information that I was told, as well, is that that was recommended from both our safety forces, and I think it’s very important that we follow that. Mr. Haseley – Thank you. Mr. DeMio – Ray, if I may. Mr. Haseley – Yes you can, Joe. Mr. DeMio – Just briefly, I’m not going to go into… you know, the many reasons why we vote as we do. We have a couple responsibilities up here, one of which is our fiduciary responsibility. And I’m sure Mr. Schultz knows that this is not the Planning Commission, but our Planning Commission, to my knowledge – I have yet to sit on it because that’s a separate entity – but the Planning Commission at least thinks a decade or two in advance. That’s number one. But if the Mayor would allow one of the -- either the Chief of Fire or the Chief of Police, to just give the reason why they want the driveway. Mr. Haseley – Chief Moody, do you want to comment? Chief Moody – Mr. Haseley, when we met with Council, when the project was first designed, I’m not aware of what the layout was at that particular time. I mean, I remember seeing it, I’m not aware of the layout as far as the businesses that were supposed to locate in there. Problem being right now is that with a Lowe’s, a large store, we have considerations for fire protection, for hydrants and our water supply system. And a building as large as Lowe’s is going to be sprinklered, there’s no doubt about it, it’s going to be sprinklered and fire suppressed. When the plan came in for a water line and places to attach fire trucks to pump water into that structure and that facility, I believe that it showed the water line and the fire department connection along Whitney Road. Without an entrance, that Fire Department connection doesn’t do a thing for the Fire Department; we’ve got to be able to access that in case of a fire and we also need access in case of a medical emergency.

Minutes of the Regular Council Meeting December 19, 2005 – Page 17

Chief Moody (cont’d) - We certainly, from Station Number One, can go all the way down Whitney Road all the way to Pearl and then north on Pearl to the entrance by BW-3 and the Salvation Army. Certainly, we can do that, but certainly if we’re coming from that way it is going to delay our response. It’s going to delay our response down Whitney Road, it’s going to delay our response at the intersection of Whitney and Pearl and, as some of our residents have commented on, the traffic in front of that particular establishment can get very, very congested at times; there’s no question that it will somewhat delay our response. So there were two reasons that the Fire Department looked at it. And you have to understand that the Fire Department does have a representative that sits on the Planning Commission – one of our fire inspectors from the Fire Prevention Office I believe attends almost every meeting, if not every meeting… Mr. Haseley – He does attend every one. Chief Moody - …And he’s been watching that project from the start and, unfortunately, when occupancies change, when businesses change and fire protection schemes change, the Fire Department also has to rethink public health and safety and fire protection, and that’s what’s been done up until this point as far as the Fire Department’s concerned. Mr. Haseley – Thank you, Chief. Mr. DeMio – And Ray, so the second part; one is our fiduciary responsibility, the other one is our safety responsibility. So when the Police Department and the Fire Department instruct us with their experience, and they are the specialists, if you will, in our City, we pretty much have to go with that. And I’ve tried to close streets in subdivisions and this chief and the prior chief have asked me not to do that simply because they need fire access. My subdivision is a great example why they have three major accesses to a smaller subdivision, if you will. And I would have loved to closed Ranchwood back in ’95 and ’96, ’97, but those are things that you wouldn’t allow us to do. So anyone that has called me, and certainly many people in the last couple of weeks have called me, a lot of them have asked me about the mortgages to be paid, as well, so that is also a consideration for me personally. Jimmy and… or Mike and I have talked about that many, many times and I know that the Law Director is going to add some language to this, Ray, if you allow him, regarding those issues, as well. Mr. Haseley – It’s already included. Mr. DeMio – Yes, but he’s going to do that for us. But I thank you for your time and I thank the folks that did come up here. Mr. Haseley – Thank you, Joe. Chief… No, I won’t recognize anybody from the audience; you want to talk, come up here. Chief Goss, do you want to add anything to what Chief Moody had to say?

Minutes of the Regular Council Meeting December 19, 2005 – Page 18

Chief Goss – Mr. President and Council, in cases like this I think fire suppression and medical rescue are really the top priorities, but the Police Department also has a member on the Planning Commission to give opinions from our perspective on projects like this and there is always a benefit from the police perspective in having multiple points of entrance and exits into a project like this. But I think from a traffic engineering standpoint, it just makes sense to get as much traffic as we can off of our roadways as efficiently and quickly as we can. If there is traffic coming from the east on Whitney that wants to go into that project, it makes civil engineering sense to make them stack with the rest of the traffic at the Pearl Road intersection. Don’t necessary believe that it’s going to increase traffic on Whitney to have a curb cut there, I think it will get cars off of the roadway quicker and more efficiently. Mr. Haseley – Thank you. Just a side note, speaking for the members of the Planning Commission, of which I am one, these are the type of reports that we listen to and make decisions in accordance to. And in this case, plus engineering and a traffic study that was done, in every case indicated that that was necessary. And I truly believe it is, from my standpoint. That’s why I voted in favor of it. Anybody else want to address Council? Lou Pamin, 17274 Whitney Road, Strongsville – Lou Pamin; 17274 Whitney. I’ve been a resident 13 years, I just want to address Council and say me, my wife and my daughter, our lives have been on hold for the last two years. I mean, we want this to go through, I think it’s been long enough. I think when it was rezoned the vote was, like, 8,000 to 2,000; I believe the City of Strongsville spoke on that by rezoning that and I think this should go ahead. It’s been too long. I’ve lost, you know, thirteen of my neighbors already are moved out, so I just hope you take that in consideration. Mr. Haseley – We understand what your predicament was. Lou Pamin – (Unintelligible) Mr. Haseley – And that will, very, in a matter of days, be rectified. Thank you. Anybody else? (None) Mr. DeMio - Ray, I don’t want to be a pain in your position, excuse me, but I would like our Law Director to reiterate what he talked…. Mr. Haseley – I don’t think he’s in the mood or… to do that. Mr. Roth – I ruined that. Mr. Coyne – I think he’s ready to sing.

Minutes of the Regular Council Meeting December 19, 2005 – Page 19

Mr. DeMio – Yeah, I think he is. Mr. Roth – He was smiling until I sang. Mr. Daymut – He might have been. Mr. Kraus – Mr. President, no singing, but I can indicate that the developers have represented that if these items, these four ordinances, are approved by Council tonight, that a closing is scheduled for this Thursday – I believe that’s December 22nd – at which point in time all of the City documents would be recorded, all of the documents in terms of their particular transactions in order to close and finalize the arrangements with the residents, and, also, as between the Lewansky Development Company LLC and Lowe’s. So I believe that is responsive to the Councilman’s question. Mr. DeMio – That’s all you told us in back, and that’s all I want. Thank you. Ray, and I thank you for allowing him to do that. Mr. Haseley – I agree, it had to be said. Anything else? (No comments) ORDINANCES AND RESOLUTIONS: Ordinance No. 2005-210 by Mayor Perciak and Mr. Haseley. AN ORDINANCE AMENDING SECTIONS 1242.07, 1258.02, 1258.03, 1258.05 AND 1258.06 OF TITLE SIX OF PART TWELVE-PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES OF THE CITY OF STRONGSVILLE TO PERMIT OUTDOOR EATING AREAS, AND DANCE INSTRUCTION, GYMNASTIC AND MARTIAL ARTS TRAINING AREAS AS CONDITIONAL USES IN CERTAIN ZONING DISTRICTS, AND DECLARING AN EMERGENCY, AS AMENDED. 1st rdg: 10-17-05. Amended by sub. 12-5-05; 2nd rdg: 12-5-05. Favorable recommendation by Planning Commission as amended 12-8-05. Third reading. Referred to Planning, Zoning and Engineering Committee. Public Hearing set for February 6, 2006. Ordinance No. 2005-250 by Mayor Perciak and Mr. Haseley. AN ORDINANCE ACCEPTING FOR RECORDING PURPOSES ONLY THE PLAT OF RENAISSANCE PARK SUBDIVISION IN THE CITY OF STRONGSVILLE, AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No. 2005-250 ADOPTED.

Minutes of the Regular Council Meeting December 19, 2005 – Page 20

Resolution No. 2005-251 by Mayor Perciak and Mr. Haseley. A RESOLUTION DECLARING THE INTENT OF THE COUNCIL OF THE CITY OF STRONGSVILLE TO ACCEPT FOR DEDICATION CERTAIN STREETS WITHIN RENAISSANCE PARK SUBDIVISION IN THE CITY OF STRONGSVILLE, AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Resolution No. 2005-251 ADOPTED. Ordinance No. 2005-252 by Mayor Perciak and Mr. Haseley. AN ORDINANCE AUTHORIZING AND APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF STRONGSVILLE AND LOWE’S HOME CENTERS, INC., LEWANSKI DEVELOPMENT LLC AND R.E. SERVICES NO. 32, LLC IN CONNECTION WITH RENAISSANCE PARK, AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Mr. Haseley – Questions? Mr. Kraus – Yes, Mr. President. I would like the record to indicate and the motion to indicate that the demolition schedule, the construction schedule, which was originally… it is referenced in the development agreement, although it is not attached to the development agreement but it is referenced, and that schedule reflects a very slight minor adjustment in the demolition schedule from 120 days to 135 days, and I would like that noted in the record. Mr. Haseley – So noted. Thank you. The suspension has been noted. Mr. Kraus – You’re voting on the adoption. Mr. Haseley – For the adoption, all right. Please, let’s vote. Roll Call: All ayes. Motion carries. Ordinance No. 2005-252 ADOPTED.

Minutes of the Regular Council Meeting December 19, 2005 – Page 21

Ordinance No. 2005-253 by Mayor Perciak and Mr. Haseley. AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT A GRANT OF EASEMENT FOR PUBLIC RIGHT-OF-WAY PURPOSES IN CONNECTION WITH RENAISSANCE PARK, AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No. 2005-253 ADOPTED. Ordinance No. 2005-254 by Mayor Perciak and Mr. Haseley. AN ORDINANCE AMENDING SECTION 1230.03 OF TITLE FOUR OF PART TWELVE-PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES OF THE CITY OF STRONGSVILLE CONCERNING FINAL PLAT AND DATA SUBMISSIONS FOR SUBDIVISIONS. First reading. Referred to Planning Commission and to Planning, Zoning and Engineering Committee. Ordinance No. 2005-255 by Mayor Perciak and Mr. Haseley. AN ORDINANCE ACCEPTING FOR DEDICATION TO PUBLIC USE CERTAIN LANDS WITHIN BEXLEY PLACE SUBDIVISION; ACCEPTING CERTAIN PUBLIC UTILITIES CONSTRUCTED THEREIN AND AUTHORIZING AND DIRECTING THE ACTS REQUIRED IN FURTHERANCE THEREOF, AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No. 2005-255 ADOPTED. Resolution No. 2005-256 by Mayor Perciak and Mr. Haseley. A RESOLUTION CONFIRMING PLANNING COMMISSION APPROVAL OF THE FINAL SITE PLANS FOR THE CONSTRUCTION AND INSTALLATION OF ABOVE-GROUND EQUIPMENT CABINETS AND CEMENT PADS AT VARIOUS LOCATIONS IN THE CITY OF STRONGSVILLE. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried.

Minutes of the Regular Council Meeting December 19, 2005 – Page 22

Resolution No. 2005-256 – (cont’d): Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Resolution No. 2005-256 ADOPTED. Resolution No. 2005-257 by Mayor Perciak. A RESOLUTION REQUESTING THE AUDITOR OF CUYAHOGA COUNTY TO ADVANCE FUNDS TO THE CITY OF STRONGSVILLE, OHIO, AN DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Resolution No. 2005-257 ADOPTED. Ordinance No. 2005-258 by Mayor Perciak. AN ORDINANCE MAKING APPROPRIATIONS FOR THE CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF STRONGSVILLE, OHIO, FOR THE YEAR 2005, AND REPEALING ORDINANCE NO. 2005-53. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: Ayes: Kaminski, Haseley, Gallagher, Daymut, Coyne, DeMio. Nays: Roth. Motion carries. Ordinance No. 2005-258 ADOPTED. Ordinance No. 2005-259 by Mayor Perciak. AN ORDINANCE MAKING TEMPORARY APPROPRIATIONS FOR THE CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF STRONGSVILLE, OHIO, FOR THE PERIOD FROM JANUARY 1, 2006 TO APRIL 1, 2006. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No. 2005-259 ADOPTED.

Minutes of the Regular Council Meeting December 19, 2005 – Page 23

Ordinance No. 2005-260 by Mayor Perciak. AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ISSUE AND APPROVE CHANGE ORDER NO. 1 FOR AN INCREASE IN THE CONTRACT PRICE IN ACCORDANCE WITH THE PROVISIONS OF THE CONTRACT BETWEEN THE CITY OF STRONGSVILLE AND FABRIZI TRUCKING AND PAVING CO., INC., IN CONNECTION WITH THE FOLTZ PARKWAY EXTENSION PROJECT, AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No. 2005-260 ADOPTED. Ordinance No. 2005-261 by Mayor Perciak and Mr. Kaminski. AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE PURCHASE OF ONE (1) NEW BUCKET TRUCK AND ATTACHMENTS FOR USE BY THE CITY’S SERVICE DEPARTMENT, AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No. 2005-261 ADOPTED. Ordinance No. 2005-262 by Mayor Perciak and Mr. Kaminski. AN ORDINANCE REQUESTING PARTICIPATION IN OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES CONTRACTS FOR THE PURCHASE OF ONE (1) WHEEL LOADER FOR USE BY THE DEPARTMENT OF PUBLIC SERVICE; AUTHORIZING THE MAYOR AND THE DIRECTOR OF FINANCE TO DO ALL THINGS NECESSARY TO ENTER INTO AN AGREEMENT IN CONNECTION THEREWITH; AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No. 2005-262 ADOPTED.

Minutes of the Regular Council Meeting December 19, 2005 – Page 24

Ordinance No. 2005-263 by Mayor Perciak and Mr. Kaminski. AN ORDINANCE REQUESTING PARTICIPATION IN OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES CONTRACTS FOR THE PURCHASE OF ONE (1) HYDRAULIC EXCAVATOR FOR USE BY THE DEPARTMENT OF PUBLIC SERVICE; AUTHORIZING THE MAYOR AND THE DIRECTOR OF FINANCE TO DO ALL THINGS NECESSARY TO ENTER INTO AN AGREEMENT IN CONNECTION THEREWITH; AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No. 2005-263 ADOPTED. Ordinance No. 2005-264 by Mayor Perciak. AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE GREATER CLEVELAND REGIONAL TRANSIT AUTHORITY FOR THE CITY TO PROVIDE ROAD SALT DURING THE 2005-2006 WINTER SEASON, AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No. 2005-264 ADOPTED. Resolution No. 2005-265 by Mayor Perciak and Mr. Gallagher. A RESOLUTION AUTHORIZING THE MAYOR TO ADVERTISE A REQUEST FOR QUALIFICATIONS AND PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR CONSTRUCTION OF A NEW WARD 4 FIRE STATION (HEADQUARTERS) TO BE LOCATED ON PROSPECT ROAD NEAR DRAKE ROAD. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Resolution No. 2005-265 ADOPTED.

Minutes of the Regular Council Meeting December 19, 2005 – Page 25

Ordinance No. 2005-266 by Mayor Perciak and All Members of Council. AN ORDINANCE APPROVING THE ACCEPTANCE OF FINANCIAL ASSISTANCE UNDER THE DRUG ABUSE RESISTANCE EDUCATION (“DARE”) LAW ENFORCEMENT GRANTS PROGRAM, AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No. 2005-266 ADOPTED. Resolution No. 2005-267 by Mayor Perciak and Mr. Roth. A RESOLUTION GRANTING PERMISSION TO TRANSFER A CERTAIN CERTIFICATE FOR BURIAL RIGHTS IN THE STRONGSVILLE MUNICIPAL CEMETERY. (Soza/Soza-Anderson) Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Resolution No. 2005-267 ADOPTED. Resolution No. 2005-268 by Mayor Perciak and Mr. Roth. A RESOLUTION GRANTING PERMISSION TO TRANSFER A CERTAIN CERTIFICATE FOR BURIAL RIGHTS IN THE STRONGSVILLE MUNICIPAL CEMETERY. (Westbrook) Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Resolution No. 2005-268 ADOPTED.

Minutes of the Regular Council Meeting December 19, 2005 – Page 26

Ordinance No. 2005-269 by Mayor Perciak. AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CLARIFICATION/ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE OHIO PATROLMEN’S BENEVOLENT ASSOCIATION (DISPATCHERS) AND THE CITY OF STRONGSVILLE, AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No. 2005-269 ADOPTED. Ordinance No. 2005-270 by Mr. Coyne, Mr. Daymut, Mr. DeMio, Mr. Gallagher, Mr. Haseley and Mr. Kaminski. AN ORDINANCE CONTINUING THE CURRENT VERSION OF SECTION 880.32 OF CHAPTER 880 OF TITLE FOUR, PART EIGHT OF THE CODIFIED ORDINANCES OF THE CITY, IN ORDER TO CONTINUE THE CITY’S CURRENT 75% TAX CREDIT ON THE AMOUNT OF INCOME TAX PAID ON TAXABLE INCOME BY A CITY OF STRONGSVILLE RESIDENT TO ANOTHER MUNICIPALITY, AND DECLARING AN EMERGENCY. First reading. Referred to Council-As-A-Whole. Ordinance No. 2005-271 by Mayor Perciak and All Members of Council. AN ORDINANCE AMENDING THE GENERAL SALARY ORDINANCE TO AMEND SECTION 5, POSITION PLAN, TO ABOLISH THE POSITIONS OF RECREATION DIRECTOR, ASSISTANT RECREATION DIRECTOR, WEIGHT ROOM SUPERVISOR, BOOKKEEPER, SENIOR DIRECTOR AND PROGRAM SUPERVISOR; TO ESTABLISH, ALLOCATE AND FIX THE COMPENSATION OF THE POSITIONS OF COORDINATOR OF CITY NATURAL RESOURCES, ARBORIST I, ARBORIST II, TREE CARE TECHNICIAN, DIRECTOR OF RECREATION & SENIOR SERVICES, FITNESS ROOM SUPERVISOR, RECREATION MARKETING & PROMOTIONS SUPERVISOR, RECREATION FACILITY MANAGER, PARKS AND OUTDOOR RECREATION SUPERINTENDENT, SENIOR PROGRAM SUPERVISOR, AND SENIOR CENTER SERVICES COORDINATOR; TO AMEND SECTIONS 4-013, 6-001, 6-003, 6-005, 9-002, 9-003, 9-004 AND ARTICLE 10; TO CHANGE THE COMPENSATION OF CERTAIN EMPLOYEES; REPEALING ALL OTHER ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days, second by Mr. DeMio. All members present voted aye and the motion carried.

Minutes of the Regular Council Meeting December 19, 2005 – Page 27

Ordinance No. 2005-271 – (Cont’d): Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: Ayes: Daymut, Coyne, DeMio, Kaminski, Haseley, Gallagher. Nays: Roth.

Motion carries. Ordinance No. 2005-271 ADOPTED.

COMMUNICATIONS, PETITIONS AND CLAIMS: Application for Liquor Permit Transfer - TRFO – D5 - To: WGRANF LLC; DBA Gran Fiesta, 18737 Royalton Road, Strongsville, Ohio 44136. From: Chetfran, Inc., 18737 Royalton Road, Strongsville, Ohio 44136. (Responses must be postmarked no later than 12/30/2005.) There were no objections by Council to the application. Application for Liquor Permit – NEW – D5: 12492 Prospect Rd., Inc.; DBA Slim & Chubbys, 12492 Prospect Road, Strongsville, Ohio, 44149. (Responses must be postmarked no later than 12/29/2005.) There were no objections by Council to the application. MISCELLANEOUS BUSINESS: Mr. Haseley – I’ll take this time to briefly wish everybody a Merry Christmas and a very Happy New Year. Thank you. ADJOURNMENT: There being no further business to come before this Council, the meeting was declared adjourned by Council President Haseley at 9:17 p.m. ________________________________ Leslie J. Seefried, CMC Clerk of Council