MINUTES OF THE REGULAR STRONGSVILLE COUNCIL MEETING

HELD ON JULY 18, 2005 IN THE COUNCIL CHAMBER

The meeting was called to order at 8:00 p.m. by the President of Council, Raymond L. 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: City Council: Patrick J. Coyne Joseph C. DeMio James A. Kaminski Raymond L. Haseley Michael J. Gallagher Mark A. Roth, III Michael J. Daymut Clerk of Council: Leslie J. Seefried Administration: Mayor: Thomas P. Perciak Law Director: Kenneth A. Kraus Finance Director: Donald C. Batke Service Director: Joseph M. Walker Economic Development Director: Eugene P. Magocky Interim Chief of Fire: Robert Moody Chief of Police: Charles W. Goss Communications and Tech. Director: John Bedford City Engineer: Ken Mikula Building Commissioner: Anthony J. Biondillo Recreation Director: Stephen F. Kilo *** Motion was made by Mr. Daymut and seconded by Mr. DeMio to amend the agenda by adding Resolution No. 2005-165. All members present voted aye and the motion carried. ***

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COMMENTS ON MINUTES: The Minutes of the Regular Council Meeting held on July 5, 2005 were approved as submitted. APPOINTMENTS AND CONFIRMATIONS: At this time, Mayor Perciak and Police Chief Goss recognized retired Strongsville Police Lieutenant Mike Puhac for twenty five years of dedicated service to the City of Strongsville. On behalf of the community and the agency, Chief Goss thanked Mike Puhac for his many years of service and presented him with a retirement badge and ID case. (Applause) Chief Goss presented Lieutenant Robert Satterwaite a plaque in recognition of twenty five years of dedicated service to the community of Strongsville. Lieutenant Satterwaite was sworn in on July 7, 1980 and reached his 25th anniversary on July 7, 2005. (Applause) Mayor Perciak then administered the Oath of Office to Strongsville Police Department Lieutenant Robert Satterwaite (promoted from Sergeant). Lieutenant Satterwaite was accompanied by his daughter, Kimberly, and by his parents, Dick and Audrey Satterwaite. (Applause) Mayor Perciak – Tonight’s a very happy night; not only do we get to swear in a lifelong resident as a new lieutenant, we now have the opportunity of swearing in three brand new sergeants for the first time in many, many years here in the City of Strongsville. And I would like to thank Chief Goss for his leadership and for his help in making all of this possible this evening. Our City, ladies and gentlemen, owes a deep debt of gratitude to Charles for his many years of leadership on the Police Department and at least ten years as Chief. So, without his help, our City would not be what it is today. And I want everybody to know I think this is the best Police Chief in the entire State of Ohio. (Applause) Mayor Perciak – I never get a chance to thank Charlie publicly for all he does and so, on behalf of the residents, Charlie, we all thank you. Mayor Perciak administered the Oath of Office to Strongsville Police Department Sergeant Greg Cravatas (promoted from patrolman). Sergeant Cravatas was accompanied by his wife, Janine, and son, Wyatt.

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(Applause) Mayor Perciak administered the Oath of Office to Strongsville Police Department Sergeant John T. Janowski (promoted from patrolman). Sergeant Janowski was accompanied by his father, John, Sr., a retired Brecksville police officer, his wife, Barbie, and his mother. (Applause) Mayor Perciak administered the Oath of Office to Strongsville Police Department Sergeant Anthony Zacharyasz (promoted from patrolman). Sergeant Zacharyasz was accompanied by his wife, Kim, and by his son, Anthony, Jr. (Applause) *** Mayor Perciak recognized Father John Miceli, former chaplain for the Strongsville Police Department, in attendance this evening for the swearing-in ceremony. *** Mayor Perciak presented a Proclamation of Appreciation to Guy Frangipane, teacher at Drake Elementary School for the past 29 years, recipient of the 2005 Disney HAND Teacher Award. The Proclamation declared Monday, July 18, 2005 as “Guy Frangipane Day” in the City of Strongsville and expressed gratitude for his creativity in his teaching methods and dedication to the students in the Strongsville community. Mr. Frangipane was accompanied by his family members. (Applause) Mr. Haseley – I certainly want to thank everybody that came in support of all these fine gentlemen, and the good news is you don’t have to stay here any longer if you don’t want to. If you’ve got a party to go to, go. You’re welcome to stay, but if I was in there, I’d be going. ***

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PUBLIC HEARING: Ordinance No. 2005-122. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF STRONGSVILLE ADOPTED BY SECTION 1250.03 OF TITLE SIX, PART TWELVE OF THE CODIFIED ORDINANCES OF STRONGSVILLE TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN REAL ESTATE LOCATED ON TRACY LANE AND HOWE ROAD IN THE CITY OF STRONGSVILLE FROM R1-75 (ONE FAMILY 75) CLASSIFICATION TO PF (PUBLIC FACILITIES) CLASSIFICATION (PPN’S 397-07-001, 397-07-075 AND PART OF PPN’S 399-04-005, 399-04-006, 399-04-010 AND 396-25-003) AND FROM R1-75 (ONE FAMILY 75) CLASSIFICATION TO RT-C (TOWNHOUSE-CLUSTER) CLASSIFICATION (PART OF PPN’S 399-04-005, 399-04-006, 399-04-010 AND 396-25-003). (M&B Strongsville, LLC, Owner. Proposed children’s pre-school and cluster town homes.) 1st rdg: 6-6-05. Favorable recommendation by Planning Commission 6-9-05. 2nd rdg: 6-20-05. Council President Haseley opened the Public Hearing on Ordinance No. 2005-122 and invited anyone wishing to speak IN FAVOR of the Ordinance to come to the podium and address City Council. Willis Boyer, 10 Farwood Drive, Chagrin Falls, Ohio – Thank you, Mr. President. My name is Willis Boyer, 10 Farwood Drive, Chagrin Falls, Ohio. I’m here representing the owners of the property, M&B Strongsville LLC. We have a map showing what the plan would be that we are proposing and we have reviewed that with members of Council and Planning Commission in the past. I’d like to just quickly show it, remind people what we’re proposing. This is Howe Road, this is the freeway, this is Tracy Lane, and it stops here. And this is the CEI electrical substation. We’re proposing that this property, 3 acres, this property, 2.6 acres, be combined and reparcelized with one parcel here for Public Facilities and the balance for townhouses. The proposed Kids First Learning Center here would be about ten to twelve thousand square feet. Parking here and here. Play areas around it. The townhouse clusters would be built on this portion. The zoning provides, I think, for six to the acre; we would build five, Mr. President. And we would leave this portion open here and there’s a natural ravine here in which we would create the retention pond for the entire development. So we have Parcel A up here with townhouses and Parcel B here, Public Facilities – this will be a one story building for a children’s preschool. And I’m here to answer questions. We did, as most people here know, we’ve done a lot of traffic studies, various other kinds of studies. And I should add that what’s different about this plan than one that might have been seen before is that we have acquired this property and have agreed to acquire this property on a conditional manner, here, abutting these two. Mr. Haseley – Thank you. Would anybody have any questions for Mr. Boyer? (No comments) Mr. Haseley – Alright, thanks, Bill. Anybody else in the audience that cares to speak in favor of? (No comments) Mr. Haseley – I am in receipt of a letter signed by Mrs. Ruth Head. I would ask the Clerk to incorporate that in the minutes.

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PUBLIC HEARING – Ordinance No. 2005-122 (cont’d): (Copy of letter dated July 18, 2005 signed by Mrs. Ruth Head is attached to the original transcription of these minutes.) Mr. Haseley invited anyone wishing to speak IN OPPOSITION of the Ordinance to come to the podium and address Council at this time. Mary Esther Montgomery, 15565 Pomeroy Boulevard, Strongsville – Good evening, Mayor Perciak, Council members and other City officials. My name is Mary Esther Montgomery and I live at 15565 Pomeroy Boulevard, where I’ve lived for nearly 33 years. I am here to voice my objections to the proposed zoning changes on Howe Road and Tracy Lane. Should this property be zoned Public Facility, this residential area will be changed forever. I feel our property values will also decrease. The zoning changes are for twenty cluster townhouses and a daycare center; I think this will severely compound difficult traffic problems that are already present. I am also concerned about the storm drains being able to handle this proposed daycare and twenty cluster town homes. The May 10, 2003 flood proved that Pomeroy Boulevard had problems when water rushed down Howe Road into our development. Recently I found that people on Indianhead also had problems, the water came from Howe Road through their lots. Mr. Haseley, if you did a survey in Ward 2 I feel that you would find that the majority of people are against this. You’re our councilman and, Council members, I am asking you to protect the quality of life and the safety of the City residents and vote no on this rezoning request. I can’t quite understand those two homes that have been bought, one on Tracy Lane and the first on that Mr. Boyer bought on Howe Road, what will be the zoning of those? Are those being zoned Public Facility? What will happen with those homes? Who could tell me about this? Mr. Kraus – Mr. President. Yes, the zoning of those properties will change, but, of course, the existing uses will constitute under the law prior nonconforming uses, I mean, the uses as residences with respect to those homes will continue, even though the property, you know, will be rezoned. Mary Esther Montgomery – Well why would it need to be rezoned then, if it’s going to… What does Mr. Boyer plan to do with those homes? Earlier we were told he planned to rent them. Mr. Kraus – Well if the developer has made arrangements to purchase those properties, then, of course, at that point in time he would have the ability to tear down the home at some point… Mary Esther Montgomery – That’s my concern. Mr. Kraus - …and utilize that property with respect to the new, you know, zoning district that’s assigned to that particular property.

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PUBLIC HEARING – Ordinance No. 2005-122 (cont’d): Mary Esther Montgomery – That’s my big concern because we are a residential area. And I feel sorry for the people who live in those first two homes on the right hand side heading...behind the woods there at the mall as you head down Howe Road, because suddenly they’ll have something entirely different. And I think it’ll impact our development quite a bit because it’s hard to get in and out of there, even with the light there that we have it’s very difficult. So I’d appreciate if you would think about this very carefully when you vote for this. And it will go before the, if it passes tonight, it will go before the residents; is that correct? Mr. Haseley – Yes, it will. Mary Esther Montgomery – Okay, then what happens if we have an incident like happened with the property, the Visconsi property? Mr. Haseley – I’m not sure I understand it. Mr. Kraus – Well, Mr. President, I’m not certain I understand the question, but certainly under the applicable provision of the City Charter, since there is a rezoning from a residential zoning, R1-75, that will have to pass by a majority of voters both within the entire City of Strongsville and within the particular ward in which that property is situated. So it will have to pass both. Mary Esther Montgomery – Yes, that’s what I understand, also. But that’s what happened to that land there by Ledgewood also, it failed, and yet now the City was sued over that and now I understand…. Mr. Kraus – Well, those really are not…those are really two entirely different circumstances and, you know, really what the Council has before it, of course, at this point, is the developer’s proposal to change the zoning classifications and then, of course, if Council were to proceed, then the voters would have to express themselves, as I had indicated pursuant to our Charter, and that’s really the next step in the process that we could look to. Mary Esther Montgomery – Well I think it’s going to be very dangerous for anyone that has to drive that area, not just people in Ward 2, but many other people use that road and it’s going to be… if there are 120 children in that daycare and plus twenty town cluster homes there, there’s going to be an enormous amount of people that’ll…added to that traffic light there, coming in and out. So I hope that you consider all of this. Thank you. Mr. Haseley – Thank you. Anybody else who cares to express any opposition?

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PUBLIC HEARING – Ordinance No. 2005-122 (cont’d): Bill Vassil, 18271 Fox Hollow Drive, Strongsville – Bill Vassil, 18271 Fox Hollow Drive. Have we taken a traffic study from 6 a.m. till 9 a.m. and from 3 till 7 p.m. to see how many cars come down the street? Have we? Unidentified Voice – Yes. Mr. Haseley – We have a traffic study, yes. Bill Vassil – What do we got, about a thousand? Mr. Haseley – I don’t remember that offhand. Bill Vassil – Okay, you’re going to put a daycare center and everybody’s got to come in there with cars. You can’t go down Howe now; I sit at Shurmer for five minutes waiting for the light to change because the cars are coming lickety split from God only knows where, probably Brunswick. I think this is a pretty bad idea. And I see there’s a lot of vacancies coming up in the group of homes just a little ways down across from the mall, the people are starting to move out because they found it’s not a very convenient place. I think we better look at this for awhile. Mr. Haseley – Anybody else? Please step forward. State your name, please, and address. Beverly DeWitt, 19087 Turkey Meadow Lane, Strongsville – Beverly DeWitt, 19087 Turkey Meadow Lane. Good evening, Mr. Haseley, Mayor and gentlemen. I just am kind of curious. I would like to look at that, or are the residents going to get to see what this looks like? Because I did a drive-by this afternoon at three o’clock and I got down in there just fine, but when I came back out to turn left onto Howe to zip over to Shurmer to go pick up my meds at Rite-Aid, I sat there for five, ten minutes. When the light did change, the woman that was coming north on Howe almost sideswiped me, she wasn’t going to stop. Now, if you’re going to approve this, do me a favor, and I brought this up before when they had an open hearing about removing the stop signs on Howe Road, why can’t we please have at Howe and Drake four traffic lights, four sides that are left turn? I know it costs money, but it’s getting ridiculous out there and the traffic that gets backed up, Howe Road to 82, and people trying to beat the light, that’s just my point. If you’re going to approve this, then please find some of the money that Mr. Batke occasionally tells us we have and let’s put it towards four sided traffic light there. Thank you. Mr. Haseley – Thank you, Bev. Anybody else? (No comments)

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PUBLIC HEARING – Ordinance No. 2005-122 (cont’d): Hearing no further comments regarding Ordinance No. 2005-122, Council President Haseley declared the Public Hearing on said Ordinance closed. REPORTS OF COUNCIL COMMITTEES: BUILDING CODES AND CEMETERY – Mr. Roth: Thank you, Mr. Haseley. We have Ordinance, legislation, 156 before us, it’s just a transfer of ownership that’s before Council for a vote. I have been asked to voice for the people a lot of anxiety and concern over the new 54” culvert I’m hearing about underneath Route 82, which used to be a 36, I believe. I hope Mr. Mikula and all the Engineering Department have taken that into consideration because the last thing the Atlantic area and Ward 3 needs is another foot to foot and a half of constant flow without retainage. So there’s a lot of concern and fear over the larger culvert under Route 82. I hope that we have retention there. Still being patient awaiting the study, Mayor, from whatever source, concerning the noise pollution from the Turnpike. It’s been five months since I raised that issue and I know there’s supposedly a study going on in regards to the new solid concrete median which is reflecting all that noise. And there’s also been the decimation of the buffer there. While CSX is in the area, just to mention that I’d love to have them stay and fix the rapidly deteriorating Fair Road tracks. Awaiting a status report on the Ody and MacLennan Westwood erosion problem. And just want to make a comment that, boy, you know, once we have these…once we divert storm drains towards these creeks it is not absolving the City, in my mind and the residents’ mind, from this being a City problem. You’re changing that creek into a public storm water system, it’s not clearly private property anymore. And that’s all I have within this committee. Mr. Haseley – Thank you, Mr. Roth. Any questions for Mr. Roth? (None) FINANCE – Mr. Gallagher: Thank you, Mr. Haseley. Before Finance this evening, Resolution 2005-153, recommendation from committee is suspension and defeat of this Resolution. Also, Resolution 2005-154, place that on second reading. And that’s all before Finance this evening. Mr. Haseley – Thank you. Any questions for Mr. Gallagher? (None)

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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. Our next meeting will be next Monday, July 25th, at 7 p.m. here in Council Chambers. And our Task Force subcommittee will meet on Tuesday, July 26th, at 9 a.m.; the location will be determined. Of course, that will be a meeting with Ohio State to begin the residential survey. That’s all I have this evening, Mr. Haseley. Thank you very much. Mr. Haseley – Thank you. Any questions for Mr. Daymut? (None) PLANNING, ZONING AND ENGINEERING – Mr. Haseley: Planning, Zoning and Engineering met this evening with the following recommendations: 2005-122, recommend adoption; 2005-161, place on first reading and refer to Planning Commission; and 2005-162, the recommendation is to suspend and adopt. That concludes my report; I’ll be happy to answer any questions. (None) PUBLIC SAFETY – Mr. Daymut: Thank you, Mr. Haseley. Public Safety did meet on Monday, July 11th, at 6 p.m. at the Community Room of the Ward 1 Fire Station. I’d like to thank John Bedford, he gave us a lot of insight into our emergency response, and also Dave Gusman from the school board who attended that meeting, as well as my committee members, Pat Coyne and, of course, Jim Kaminski – never want to forget all the input we have from you. We did at that meeting discuss a few issues with emergency notification. One is we have applied for an FCC license for an AM station. We decided and will recommend to the Administration a siren system to be installed within the City limits. Also, we will be contracting hopefully with SBC in September for the reverse 911. This will all be coordinated with the schools so we can have optimum notification of the residents here. At that meeting we also with the Police Department discussed the COPS grant; it’s my understanding six cadets will enter the academy in August. Our vehicles will be delivered some time, we believe, I think it’s thirteen, in September. The block watch, we will revisit the block watches within the developments and within the streets of Strongsville at our fall meeting hopefully in September. Our firemedics are doing very well, we’re 110 runs up from this time last year, so the hiring of the medics with the support of the Administration and the Council is appreciated and hopefully we’ll find some money towards the end of the year to hire three more, at least. Our CERT – Community Emergency Response Team – will start the next class September 6th or 7th. We did utilize the ones that have gone through training for the fireworks July 4th and that went very well.

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Mr. Daymut (cont’d) - The Ward 4 fire station, Mr. Gallagher, it’s my understanding that twenty firms have pulled out the RFP already, they’re due, I believe, the 25th; the Administration will have time to review the RFPs that are submitted over the August break for Council and we’d like to have some recommendations, Mayor, back sometime towards the end of August, beginning of September, so that we can take that number down to something that the Council may interview and have a final recommendation for the fire station. And I think I did mention that we had Ordinance 2005-160 and gave favorable. I’m not sure if I did or not, it’s been so long. Mr. Haseley – Well you just did again, so that’s okay. Mr. Daymut – That’s good. At least it’s better to be safe than sorry. Thank you very much, that’s all I have this evening. Mr. Haseley – Anybody have any questions for Mr. Daymut? (None) SOUTHWEST GENERAL HEALTH CENTER – Mr. Gallagher: Thank you, Mr. Haseley. At last week’s board of trustees meeting there was the approval of fourteen new medical surgical beds and the target date for those beds to be in service is January 1st of ’06. Also, former president/CEO Jon Schurmeier received the Donald R. Newkirk Award from the Ohio Hospital Association. That award is the highest honor the OHA bestows and recognizes significant contributions to healthcare in Ohio and outstanding leadership, and congratulations to Jon. Lastly, Susan Scheutzow, who is our vice president and chief legal counsel, was recognized as one of this year’s distinguished women in health care in greater Cleveland by the Visiting Nurse Association. And that’s all we have for the hospital this week. Mr. Haseley – Thank you. Any questions for Mr. Gallagher? (None) PUBLIC SERVICE – Mr. Kaminski: Yes, Public Service met this evening to discuss several resolutions and ordinances. Resolution 2005-157, recommendation is suspension and adoption; 2005-164, change order for Route 82, suspension and adoption on that; Ordinance 2005-163, enter into a contract for general paving services, that’s suspension and adoption; and, lastly, the add-on Resolution tonight, 2005-165, is for rebidding of Albion, Hunt and Westwood Drives to go out for readvertising for the bids, that’s suspension and adoption, as well. And that concludes my report.

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Mr. Haseley – Thank you. Any questions for Mr. Kaminski? Mr. Kaminski – Just a couple quick comments before questions. Public Service continues with several improvements with the sanitary sewer cleaning and camera program, that’s been very successful this summer. Also, storm sewer work on Prospect Road has been completed this week; several portions of the storm sewers have been repaired or replaced along with new connections that have been provided by the URS program. Also, we’ll be starting the asphalt repaving within the next couple weeks, so please be patient as we start repaving the roads. And there were two or three railroad repairs that Joe wanted to mention really quick as well. Mr. DeMio – I’ll do that in the report. Mr. Kaminski – Okay. Mr. DeMio – Thank you. Mr. Kaminski – And that concludes my report. Mr. Haseley – Thank you. Any questions for Mr. Kaminski? (None) RECREATION/SENIOR AND FAMILY PRESERVATION – Mr. Coyne: Thank you, Mr. Haseley. We have no ordinances or resolutions in my committee this evening, but I would like to take this opportunity to thank Steve Kilo, first for the small pavilion that was erected at Volunteer Park, it’s a really nice addition over there. I had a chance to be there this past weekend and with the number of families that are involved in baseball, especially travel baseball, it’s going to be heavily utilized over there and it’s a welcome addition. And second, in our 2005 Rec budget we did include dollars to upgrade our equipment at the Rec Center and that process is going on right now under the leadership of Steve Kilo and I think the residents and members are going to really see a difference because we’ve really taken it up a notch; it was long overdue and it’s part of a very effective and efficient preventive maintenance program that we promised that we were going to implement and we have and I think the residents are going to be extremely pleased. That’s all I have in my committee this evening. If there are any questions or concerns, I’d be more than happy to address them at this time. Mr. Haseley – Thank you, Mr. Coyne. Any questions for Mr. Coyne? Mr. Kaminski – Yeah, Mr. President, just one comment again to Steve. I just wanted to thank him for the event Saturday, the swim meet at the Rec Center, I was able to stop by; I don’t know the numbers, the final numbers, but it must have been seven, eight hundred people there, it was really jam packed with nothing but positive comments from the people. So, great event, Steve.

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Mr. Haseley – Good. Anybody else? (No comments) SCHOOL BOARD – Mr. Roth: Thank you, Mr. Haseley. At the June 2nd work session the board voted for a one year rollover of the negotiated agreement with our teachers, the agreement includes a three percent salary increase. And, also, an agreement for the district and teachers to work together to significantly reduce health care costs. The district will conclude the 2004/05 fiscal year with a carryover balance of $6.6 million. Last October they projected the carryover to be five and a half. Due to decisions made by the governor and state legislature, the district has received approximately $700,000 less from the state. The impact on the Strongsville schools for the new budget will be over a million for each of the next two years. Strongsville City School District bond rating was increased to AA3 by Moody’s Investments. Moody’s specifically cited the excellent financial management of the district and financial controls in place in upgrading the district’s bond rating. And that’s all at this time. Mr. Haseley – Thank you, Mr. Roth. Anybody have any questions for Mr. Roth? (None) UTILITIES, RAILROADS AND FRANCHISES – Mr. DeMio: Thank you very much, Ray. We met today, the committee met today regarding Street Light Advisory Committee. I know that the Chiefs are invited to be on the committee via the Mayor, which is a good thing, so from now on when we meet we’ll as the Chiefs to make sure their calendars are clear for that day. And we came to conclusions about what the proper process is when you ask for a light. It was a little more hodgepodge before and we seem to have that under control, and I thank all that attended. And then quickly, with CSX; Albion Road crossing was completed last week by CSX, it looks like it’s in excellent condition and I thank the Mayor and Joe Walker and our City Engineer on that because I know they worked very hard. Westwood, which is good news, is rescheduled for next week and the reason for that is because of the parade, it’s an avenue in which safety forces can get out quickly and that makes good sense. Marks Road railroad crossing is being repaired this week by CSX, and that is also good news. So we’re finally making headway in this and I thank all that’s taken part, this Council and the Administration. And I know Larry Smalley’s out there, he’ll be appreciative of all that. But we’ll field questions otherwise. I know that the Fair Road CSX crossing needs some assistance and I know that Joe Walker is looking into that and hopefully we’ll have a good mode or two for that one in a short few weeks. And that’s it. I’ll take questions otherwise. Mr. Haseley – Thank you. Any questions for Mr. DeMio. Mr. Daymut – Mr. Haseley.

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Mr. Haseley – Yes. Mr. Daymut – Not for Mr. DeMio, but in his committee with Utilities. As you know, I have distributed a copy of a letter I have written to Doug Hogan, our government representative, concerning a problem that we experienced concerning electricity on Albion Road, and I want to at least recognize two individuals from the Illuminating Company, Dana Mitchell, I believe he’s a supervisor here in Strongsville, and John Winnyk, I believe his name is, and he is a resident of Strongsville also, who were able to help us out. We know we experience many power outages in the City of Strongsville for various reasons. The difficulty with this was it was sporadic and it was not known exactly what the problem was. And through these two individuals’ diligence, we were able to correct a problem that had been ongoing for quite awhile. And on behalf of the residents, I would like to at least have this letter entered into the record if I can. Thank you very much. Thank you, Mr. Haseley. (A copy of the letter dated July 14, 2005 written by Councilman Daymut to The Illuminating Company is attached to the original transcript of these minutes for the record.) Mr. Haseley –Thank you. Anybody else have anything for Mr. DeMio? Mr. DeMio – You know, Ray… Well, I’m going to ask this at a later meeting, later portion of our meeting, actually. Mr. Haseley –Thank you. RULES AND ORDINANCES – Mr. Haseley: Council-As-A-Whole met this evening, we have three ordinances and the following recommendations: 2005-155, recommendation is to suspend and adopt; 2005-158, recommendation is to suspend and adopt; and 2005-159, recommendation is to suspend and adopt. We discussed all these in caucus, but if there are any questions regarding them, I’ll be glad to field them. (None) Rules and Ordinances; I met with the Law Director this morning and part of the afternoon to make sure that all ordinances and resolutions were in proper legal form and I would ask the Law Director to state that. Mr. Kraus – I can so confirm, Mr. President. Mr. Haseley – Thank you.

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REPORTS AND COMMUNICATIONS FROM THE MAYOR, DIRECTORS OF DEPARTMENTS AND OTHER OFFICERS: Mayor Perciak – Thank you, Mr. President. Again I’d like to congratulate our new sergeants and their families, Sergeants Cravatas, Janowski and Zacharyasz, and congratulate our new lieutenant, who has dedicated more than twenty five years of his life to the Strongsville Police Department, Bob Satterwaite. So congratulations to them and I wish them well; keep safe and keep doing a great job. On Wednesday, the 63rd annual Strongsville Chamber of Commerce Families First Homecoming will begin with the 32nd annual parade. The Sun papers very eloquently displayed in a special insert mailed to all the residents of Strongsville all the events of the week for the Homecoming. If you haven’t received it, I’m sure it’s available at newsstands, but I know it was mailed to each home. It has several articles about the Homecoming and its history and all the people who volunteer their time for this annual event. Please take time to come watch the parade on Wednesday, there’s over a hundred floats that are going to be in the parade. And, as most of you who came to the Council meeting tonight can see, on the Commons we have all the rides and all the booths and all the food stands that are going to be available and the games for all of our children. So again, I invite you to please take some time, come meet with your friends and with your neighbors, understand what Strongsville is all about. Our Families First Homecoming is really something we all look forward to and all enjoy. I know I’ve worked at that Homecoming for the past twenty five years, made a lot of friends over the twenty five years, and I look forward to seeing all of you there this coming Wednesday through Saturday. And one more thing, Mr. President, if I may. I have a memo here from our Director of Communications and Technology, John Bedford, and it says, “In a continuing effort to improve communications for the residents of Strongsville, as of August 3, 2005, for the first time the government channel will be the same number on both cable services, cable channel 21. Likewise, the school channel for both cable systems will be channel 22.” John, thanks for sorting through this and making some efforts here. We will be having some further updates as to all the improvements John is beginning to make in our technology at the City Hall. We look forward to these changes, John; I appreciate you being here and we appreciate the difference, so thank you. Mr. Haseley – Thank you, Mayor. Any questions for the Mayor? (None) FINANCE DEPARTMENT – Mr. Batke: Yes, thank you, Mr. Chairman. Funds will be made available for the ordinances and resolutions on this evening’s agenda requiring certification and up for adoption. Thank you. Mr. Haseley – Thank you. Any questions for Mr. Batke? (None)

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LAW DEPARTMENT – Mr. Kraus: Thank you, Mr. President. The litigation that has pending with respect to the Molly Gallery/Hinton matter was heard by our 8th District Court of Appeals. George Lonjak argued the case on behalf of the Law Department and the City on July 13th. We anticipate that in the next several months that the Court of Appeals will issue a decision in that particular matter. I would also like to report that the Law Department sent out a four page letter to Time Warner with respect to the proposed transfer from Adelphia Cable Corporation to Time Warner NYC Cable LLC with respect to the City’s cable television franchise agreement with Adelphia. As I previously indicated, there is a 120 day period under our ordinances and also under federal law for the City of Strongsville to either accept and consent to or object to that particular transfer. We have sent a lengthy letter asking for further information and also suggesting a number of items that we would like to see in connection with that assignment. One of those items had to do with some delinquencies that Adelphia owed by way of personal property taxes that would substantially benefit the Strongsville school system. I did include a paragraph or section in that particular letter and I can further report to Council that I did receive a telephone call from Wayne Belock, the president of the school board, thanking the City for advocating that interest on their behalf as there is further consideration of that particular transfer. We will, of course, keep Council and the Mayor advised when we receive a response from Time Warner as to the various matters that we set forth in that correspondence. At this time of the year, Council is aware that the Ohio Department of Liquor Control has a renewal process for every single liquor permit on file as of October 1st within the parameters of the City of Strongsville. That’s a process that we go through each year. I have sent a memo around on that, but, because of the time constraints and due to the August recess of Council, I called our Police Chief some days ago as soon as the Law Department and the Clerk received that correspondence; the Police Department has expeditiously reviewed all pending liquor permits, they’ve provided us with some information and a memorandum and the bottom line is that there is no permit that either the Police Department or the Law Department feels should be the subject of an objection. However, having said that, if any member of Council has information supplemental to that, please let us know as quickly as possible due to the deadline that we have in terms of transmitting a resolution down to Columbus with respect to that particular matter. I would also like to report that the County Board of Elections has submitted proposed ballot language with respect to two issues that the Clerk had previously transmitted down to the Board based upon prior actions of this Council. One you will recall is the one mill renewal tax levy with respect to support for Southwest General Hospital; that ballot language has been approved and we’ve transmitted something down to the Board of Elections in that regard. The second matter was the rezoning that this Council previously passed and approved in connection with the United Methodist Church parcel that will also be on the ballot; that ballot language has also been approved.

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Mr. Kraus (cont’d) -There will be, as you know, several other issues going down to the Board of Elections and the Law Department and the Mayor’s office will, of course, carefully review the ballot language that the Board of Elections puts together based upon the ordinances that the City Council has passed and that the Mayor has approved. And, finally, I would like to remind the directors and City Council that the deadline for legislation to be submitted to the Law Department for the September 6th Council meeting, which is the next regular Council meeting, will be August 25th, Thursday, at noon, but due to summer vacations, if there’s any way that you can, of course, submit that legislation earlier to the Law Department, we would very much appreciate it. Mr. Haseley – Thank you, Mr. Kraus. Mr. Kraus – That concludes my report. Thank you. Mr. Haseley – Any questions for Mr. Kraus? Mr. DeMio – Yes, can I ask one? You already know what I’m going to ask. What’s the penalty for the Law Director to go beyond five minutes? Mr. Kraus – Mr. President, I think I was no more than four minutes. Mr. Haseley – I don’t know. Mr. DeMio – You know, lawyers say that. Lawyers… Mr. Haseley – I didn’t start this thing, but I’ll tell you what, next time I will. AUDIENCE PARTICIPATION: Mr. Haseley – Okay, we’ve reached the portion of tonight’s meeting where we have audience participation. First sign-in on the list is George Heinish. George Heinish, 12224 The Bluffs, Strongsville – Name is George Heinish, I live at 12224 The Bluffs. I don’t think I’m a stranger to this nice group, although I have to comment that I have to ask some more help. As you probably may be aware, there’s a group of us following four projects in the area that we live in. So I thought it would be fitting before I ask for some help to kind of summarize those four projects. The first one is hill erosion east of our pool. We figure after taking a look at things in progress, what’s been going on, that’s about thirty percent complete. The second project is the conversion of our pool, both the main pool and the kiddie pool. After taking a good hard look at that, we figure we’re about sixty percent complete. Then, and I noted with interest one of the things that was discussed was the installation of the bigger sewer under 82, which almost immediately reminds me of the creek erosion walls which we erected, which seem to be about fifty percent complete.

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George Heinish (cont’d) - Finally, in the neighborhood itself, Mike, and I thank you on behalf of 522 units, we surveyed seven streets; something has been done on one of those, so we figure we’re about fifteen percent complete on those projects. In order to finish things off, I have a few pieces of paper, which saves me sending stamps to the U.S. government. Would you please pass this up to the Mayor? My two favorite people, Mr. Biondillo and Mr. Mikula. I don’t think I’ve exceeded my five minutes worth of time, so I’ll thank you all and wish you a nice August. I don’t think we’ll be seeing each other, but I will manage to stop when I get a call from either Mr. Biondillo or Mr. Ken Mikula to pick up some information. And, Mayor, I hate to say it, but I wish you would have kept the bank; the service over there ain’t what it used to be. Good night. Mayor Perciak – I agree. Mr. Haseley – Thanks, Mr. Heinish. Next sign-in, and I’m not sure they’re here, Bill and either June or Jane Sweet. (No one came forward) Mr. Haseley – Is there anybody else that cares to address City Council? John Brasdovich, 13513 Albion Road, Strongsville – Good evening. John Brasdovich, 13513 Albion Road. Linda Lamb, 13513 Albion Road, Strongsville – And Linda Lamb, 13513 Albion Road. We’ll make it quick. John Brasdovich – Real quick. With the Pine Lakes Crossing directly across the road, I called Lori Daley about a week ago and she told me that she hasn’t talked things over and she didn’t have enough information to give me at the time. She does know my phone number, I’m waiting for a phone call back when she gets more information about what’s going on over there. One concern I do have, that they dug in the water shutoff valves and there’s still an open ditch, and ironically, that’s exactly where the road is supposed to go. And before that, that’s where Lipovits Builders had their job trailer. So, by the time you lay things out from the center of the road, put the island in, nobody could actually drive that because there’s a hole in the ground. And if that could be addressed, maybe put a plate over it, so when I do talk to Lori and get her out there we can actually put a car through there and show where the headlights are going to shine on my house. That’s basically it. It’s a safety issue, I believe, also, because it’s close to the road. That’s really all I have to say. Hope you guys have a nice vacation, hopefully somebody’s taking one. So, thank you. Mr. Haseley – Thank you. Anybody else that wants to address City Council? (No comments)

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ORDINANCES AND RESOLUTIONS: Ordinance No. 2005-122 by Mayor Perciak and Mr. Haseley. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF STRONGSVILLE ADOPTED BY SECTION 1250.03 OF TITLE SIX, PART TWELVE OF THE CODIFIED ORDINANCES OF STRONGSVILLE TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN REAL ESTATE LOCATED ON TRACY LANE AND HOWE ROAD IN THE CITY OF STRONGSVILLE FROM R1-75 (ONE FAMILY 75) CLASSIFICATION TO PF (PUBLIC FACILITIES) CLASSIFICATION (PPN’S 397-07-001, 397-07-075 AND PART OF PPN’S 399-04-005, 399-04-006, 399-04-010 AND 396-25-003) AND FROM R1-75 (ONE FAMILY 75) CLASSIFICATION TO RT-C (TOWNHOUSE-CLUSTER) CLASSIFICATION (PART OF PPN’S 399-04-005, 399-04-006, 399-04-010 AND 396-25-003). (M&B Strongsville, LLC, Owner. Proposed children’s pre-school and cluster town homes.) 1st rdg: 6-6-05. Favorable recommendation by Planning Commission 6-9-05. 2nd rdg: 6-20-05. Public Hearing 7-18-05. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: Ayes: Kaminski, Haseley, Gallagher, Daymut. Nays: Roth, Coyne, DeMio. Motion carries. Ordinance No. 2005-122 ADOPTED. Resolution No. 2005-153 by Mr. Gallagher. A RESOLUTION TO CONFIRM AND RATIFY ACCEPTANCE BY THE DIRECTOR OF FINANCE OF THE CITY OF STRONGSVILLE, OHIO OF PAYMENT OF CERTAIN INSTALLMENTS OF SPECIAL ASSESSMENTS, AND DECLARING AN EMERGENCY. 1st rdg: 7-5-05. 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 nays. Motion fails. Resolution No. 2005-153 DEFEATED. Resolution No. 2005-154 by Mr. Gallagher. A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE OF THE CITY TO CERTIFY TO THE AUDITOR OF CUYAHOGA COUNTY UNPAID SEWERAGE RENTAL CHARGES FOR LEVY AND COLLECTION ACCORDING TO LAW, AND DECLARING AN EMERGENCY. 1st rdg: 7-5-05. Second reading. Referred to Finance Committee.

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Resolution No. 2005-155 by All Members of Council. A RESOLUTION DECLARING THE MONTH OF AUGUST, 2005 AS COUNCIL RECESS MONTH. 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. 2005-155 ADOPTED. Resolution No. 2005-156 by Mayor Perciak and Mr. Roth. A RESOLUTION GRANTING PERMISSION TO TRANSFER CERTAIN CERTIFICATES FOR BURIAL RIGHTS IN THE STRONGSVILLE MUNICIPAL CEMETERY. (Horstman/Hayas) 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. 2005-156 ADOPTED. Resolution No. 2005-157 by Mayor Perciak and Mr. Kaminski. A RESOLUTION AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS FOR THE INSTALLATION AND CONSTRUCTION OF A SANITARY SEWAGE DEWATERING FACILITY AT THE CITY SERVICE CENTER FOR USE BY THE SERVICE DEPARTMENT OF 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. Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Resolution No. 2005-157 ADOPTED. Resolution No. 2005-158 by Mayor Perciak and Mr. Haseley. A RESOLUTION PROVIDING FOR THE SUBMISSION OF ORDINANCE NO. 2005-22 TO THE ELECTORS, ESTABLISHING AN ELECTION DATE THEREFOR, 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. 2005-158 ADOPTED.

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Resolution No. 2005-159 by Mayor Perciak and Mr. Haseley. A RESOLUTION PROVIDING FOR THE SUBMISSION OF ORDINANCE NO. 2005-122 TO THE ELECTORS, ESTABLISHING AN ELECTION DATE THEREFOR, 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. 2005-159 ADOPTED. Ordinance No. 2005-160 by Mayor Perciak and Mr. Daymut. AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A BREATHING AIR CENTER AND ENCLOSED FILL STATION FOR USE BY THE FIRE DEPARTMENT OF THE CITY OF STRONGSVILLE, INCLUDING THE SALE OF ONE (1) OBSOLETE BREATHING AIR CENTER, 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. 2005-160 ADOPTED. Ordinance No. 2005-161 by Mayor Perciak and Mr. Haseley. AN ORDINANCE AMENDING SECTIONS 1220.06, 1226.02, 1226.03, 1226.05, 1226.06, 1228.02, 1228.04, 1230.01, 1230.02, AND 1230.04; REPEALING EXISTING SECTIONS 1226.04 AND 1230.03; AND RENUMBERING EXISTING SECTIONS 1226.05, 1226.06, 1226.07 AND 1230.04 OF TITLE FOUR OF PART TWELVE-PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES OF THE CITY OF STRONGSVILLE IN ORDER TO ELIMINATE THE PLANNING COMMISSION’S SKETCH PLAN PROCEDURE FOR SUBDIVISIONS. First reading. Referred to Planning Commission and to Planning, Zoning and Engineering Committee. Ordinance No. 2005-162 by Mayor Perciak and Mr. Haseley. AN ORDINANCE ACCEPTING FOR RECORDING PURPOSES ONLY THE SUBDIVISION AND DEDICATION PLAT OF PEARL-ECHO PLAZA SUBDIVISION, FOR DEDICATION TO PUBLIC USE A PORTION OF PERMANENT PARCEL NUMBER 393-34-005 LOCATED ON PEARL ROAD (US 42) 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. 2005-162 ADOPTED.

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Ordinance No. 2005-163 by Mayor Perciak and Mr. Kaminski. AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE PURCHASE OF GENERAL PAVEMENT SERVICES FOR USE BY THE SERVICE DEPARTMENT OF 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. 2005-163 ADOPTED. Ordinance No. 2005-164 by Mayor Perciak. AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ISSUE AND APPROVE TWO (2) CHANGE ORDERS FOR AN INCREASE IN THE CONTRACT PRICE AND AN EXTENSION OF TIME IN ACCORDANCE WITH THE PROVISIONS OF THE CONTRACT BETWEEN THE CITY OF STRONGSVILLE AND FABRIZI TRUCKING AND PAVING CO., INC., IN CONNECTION WITH THE WIDENING AND RECONSTRUCTION OF ROYALTON ROAD (SR 82) FROM PEARL ROAD TO PROSPECT ROAD (LOR/CUY-82-1.11), 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. 2005-164 ADOPTED. Resolution No. 2005-165 by Mayor Perciak and All Members of Council. A RESOLUTION REJECTING ALL BIDS SUBMITTED IN CONNECTION WITH PAVEMENT RESURFACING OF ALBION ROAD, HUNT ROAD, AND WESTWOOD DRIVE IN THE CITY OF STRONGSVILLE; AND AUTHORIZING THE MAYOR TO RE-ADVERTISE FOR BIDS FOR THE SAME. 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. 2005-165 ADOPTED.

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COMMUNICATIONS, PETITIONS AND CLAIMS: Application for Liquor Permit: NEW – D1 To Donato’s Pizzeria LLC, 15040 Pearl Road, Strongsville, Ohio 44136. (Responses must be postmarked no later than 07/25/2005) Mr. Haseley – There were no objections filed on this and unless City Council has any, why, we’ll just… Mr. DeMio – Hey Ray, no objection, but, I mean, where is it? What plaza is this? Mr. Haseley – I know, I just can’t remember the name of it. Mr. DeMio – Which one is it? Oh, the new Sherwin-Williams. Oh, okay. There were no objections by Council on the above application. MISCELLANEOUS BUSINESS: Mr. Haseley – Under Miscellaneous Business, is there any? Mr. DeMio – Just if the Law Department… Put the request in now so there’s no question, he doesn’t have to wait for me. Whatever needs to be done to get the consent agenda in order, since we’ve had it for quite some time. I know he works very, very hard, but maybe we could get this done, Ray, by the beginning of September somehow. Mr. Haseley – That will require another meeting, but I’d be glad to do that. Mr. DeMio – Yeah. Whatever it takes. Mr. Kraus – Mr. President, Councilman. We had a meeting with the Council President and the Clerks; there are practical issues in terms of trying to implement that and, in fact, the thinking of those at that meeting had been somewhat negative about attempting to implement that, but we can schedule another meeting administratively with the Clerks and the Council President and take another look at it, reapproach it; we’ll do that. Mr. DeMio – Sounds great. Mr. Haseley – Thank you, Joe. Mr. Roth – Mr. Haseley. Mr. Haseley - Anything else? Mr. Roth.

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Mr. Roth – Yes, I would just like to say it’s a little disappointing that some of the retractions and corrections and apologies that have come my way or haven’t come my way due to the slanderous attacks of the media lately on myself did not…they came privately or didn’t come at all, weeks after the occurrence. That’s all, Mr. Haseley. Mr. Haseley – Thank you for the update. Anything else? (No comments) ADJOURNMENT: There being no further business to come before this Council, the meeting was declared adjourned by Council President Haseley at 9:27 p.m. ________________________________ Leslie J. Seefried, CMC Clerk of Council