How Urgent Is This Emergency?

Council 04.03.06

Council President Robert Seelie called the April 3, 2006 meeting to order at 7:32. A skater, scholars, and young advocates were in line for city accolades.

Council member Michael Dever (at large) introduced a resolution recognizing the achievements of Erin Bartlett who is the Junior National Speed Skating Champion. Proud parents Jeff and Theresa, and coach Peter Murray were on hand, too.

Council member Nickie Antonio (at large) and Mayor Thomas George then recognized a large group of Semifinalists and Commended Scholars in the 2006 National Merit Program.

Council member Ryan Demro (ward two) presented the Youth for Justice Program members from Emerson Middle School. Four student advocates took turns presenting an argument to ban indoor smoking. One student indicated that the group was "trying to get an article in the Lakewood Observer." Council member Mary Louise Madigan (ward four) directed the youth's attention to the editor of that publication who was sitting in the audience.

Item one on the agenda was a report from the Committee of the Whole. Specifically, committee chairman Robert Seelie (ward 3) wanted to have the administration address the use of the word Emergency in proposed legislation. This is a topic that is raised periodically by charter review commissions and those who pay particular attention to the finer details of procedure. The use of the word "Emergency" to some people is synonymous with "haste" or "skirting due consideration."

For a refresher on legislative anatomy, the Lakewood Observer went to Law Director Brian Corrigan.

The first part of an ordinance is its date. The first numerals refer to the sequence in which it was introduced beginning with "01" as the first ordinance of a year. The second set of numerals refers to the year in which it was introduced. Hence, 01-06 was the budget ordinance and it was the first ordinance introduced this year.

The title follows. Typically it starts "AN ORDINANCE" or "AN EMERGENCY ORDINANCE." The preamble and body of the legislation then complete the package.

At issue is the difference between merely "an ordinance" and an "emergency ordinance."

Corrigan states that an ordinance requires three readings at three different council meetings. To pass, four out of the seven council members have to vote in favor. It then takes effect according to the Lakewood Charter forty days after passage. An emergency ordinance also requires three readings, but requires five votes for passage. It then takes effect immediately. The rule requiring three readings can be suspended by a vote of five, and with five votes, an ordinance can be passed in one meeting.

Corrigan said that when the administration prepares legislation, one of the first questions addressed is the timing, or critical need for the legislation. One example might be the construction season, where timing of when contracts are let and work begun can affect the cost of a project and its completion date. Grant application deadlines also might force the schedule. Council can suspend the rules in unexpected situations, such as a large sewer repair that exceeds what was allocated at the beginning of the year. If need be, council can convene within six hours notice by council President or the Mayor if truly urgent action is required.

Because timing is such an important factor, Corrigan believes that the administration does not overuse the emergency route. Council still has the option of passing an ordinance without the emergency designation. A review of this meetings' docket does show a mix of ordinances with and without the emergency designation.

As an alternative to the charged and potentially misleading word "emergency," Corrigan has recommended the substitution of the phrase "immediately upon passage after the third reading."

Ordinances 22-06 and related ordinance 25-06 are both receiving scrutiny by council and the public despite their emergency designations. These measures would establish a parking lot at Edwards and Detroit Avenue. The proposals, on their second reading, call for a city expenditure of $150,000 to establish the lot, then lease it to a private entity. Paula Reed of the Lakewood Historical Society provided an update on that group's search for a lot to move the historical Hall House to. They would like to move it to an adjoining lot at the site. A search for any other available lots in Lakewood turned up locations many blocks away. Part of the cost of moving a house includes raising electrical wires at each pole the house passes. The Illuminating Company charges $1,000 per pole to do this. Consequently, moving the house any great distance is cost prohibitive according to Reed.

Council member Kevin Butler (ward one) will hold a public meeting on Thursday April 13 to provide for more input into this proposal. (Check the Observation Deck for details)

The city has provided assistance to another business to allow it to expand and provide parking. This is the Donato's Pizza at Detroit and West Clifton. While similar to the Edwards lot proposal it has not been controversial. Previously, this building was an English Tudor-styled Sohio gas station. Franchise owner Ken Tyson remodeled it to its present use. He bought the neighboring Detroit Auto Body building for expansion. Cuyahoga County has provided $200,000 in brownfield remediation funds. The Lakewood Department of Community Development provided storefront renovation assistance. Tyson has requested an additional $50,000 grant to complete the expansion. The new site will include an ATM drive through which will architecturally match the larger Tudor-styled building.

Council president Seelie adjourned the meeting at 8:47.

Reported by Stan Austin, Lakewood Observer City Council Reporter
Read More on City Council
Volume 2, Issue 8, Posted 5:05 PM, 04.12.06