Regular Meeting of the Lakewood City Council called to order at 7:55 P.M. by President Seelie.
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Present: Councilmembers Patrick S. Corrigan, Ryan Patrick Demro, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Robert M. Seelie.
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Also Present: Mayor George, Law Director Corrigan, Finance Director Nogalo, Police Chief Malley, Fire Chief Mroz, Public Works Director Beno, Planning & Development Director Jordan, Human Services Director Buckon, Human Resources Director Novak.

Motion by Mr. Seelie, seconded by Mr. Dever, to excuse the absence of Ms. Madigan.
Motion adopted. All members present voting yea.

Reading & Disposal of the Minutes of the Regular Meetings of Council held October 17, 2005 and November 7, 2005.

Motion by Mr. Seelie, seconded by Mr. Dever, to defer the minutes.

Motion adopted. All members voting yea.

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1. Rules & Ordinances Committee Report regarding City Joining Northeast Ohio Sourcing Office Ordinance No. 91-05. (Pg. 6)

Motion by Mr. Dunn, seconded by Mr. Demro, to receive and file the report.
Motion adopted. All members voting yea.
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2. ORDINANCE NO. 91-05 – AN ORDINANCE TO ESTABLISH SECTION 111.11 OF THE LAKEWOOD CODIFIED ORDINANCES, THEREBY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT TO PERMIT THE CITY TO JOIN THE NORTHEAST OHIO SOURCING OFFICE. (PLACED ON 1ST & REFFERED to the Rules & ORDINANCES COMMITTEE 10/3/05, 2ND READING 10/17/05)(Pg. 8)

Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Ordinances No. 91-05.
Motion adopted. All members voting yea.
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3. Public Safety Committee Verbal Report regarding NO TURN ON RED - ORDINANCE NO. 90-05.
Councilmember Corrigan provided the following report:

The Public Safety Committee met on Wednesday, November 16, in the Jury Room of Lakewood City Council Chambers, was attended by Councilwoman Mary Louise Madigan, and it was to consider the proposed amendment to Section 313.10 Prohibited Turns on Red Signals of the Lakewood Codified Ordinances. The Goal was to amend the ordinance to include a change to the right turn on red situation at Lake and Belle Avenue as well as Cohassett and Halstead, both of which involve substantial student crosswalk usage and the Committee decided to recommend substitution of the ordinance to change the right turn on red status to exclude such turns during school hours.

(Re: A review of the modification of the motor vehicle ordinance in re: operation of motor scooters. Item 24 for new business), The Committee decided to seek some minimal amendments to the ordinances which we’ll discuss later.

Motion by Mr. Corrigan, seconded by Mr. Dever, to receive and file the verbal report.
Motion adopted. All members voting yea.
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4. ORDINANCE NO. 90-05 – an ordinance to amend section 313.10, Prohibited Turns on Red Signals, of the Lakewood Codified Ordinances of the City of Lakewood for the purpose of including the intersection of Lake and Belle Avenue on all four approaches between the hours of 7:30 a.m. and 4:00 p.m. (PLEASE SUBSTITUTE for ORDINANCE NO. 90-05 PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 10/3/05, 2ND READING 10/17/05)(Pg. 9)
Discussion was had regarding the addition of Cohassett. Councilmember Corrigan indicated that the basis for the modification was due to parental concerns about the high traffic of students. He indicated the School Board was also interested in that change.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to substitute Ordinances No. 90-05.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Seelie
Nays: None
Motion adopted. Ordinances No. 90-05 substituted.

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Ordinance No. 90-05 as substituted.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Seelie
Nays: None
Motion adopted. Ordinances No. 90-05 adopted as substituted.
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5. Health & Human Services Committee Report regarding Ordinance No. 95-05. (Pg. 13)

Motion by Mr. FitzGerald, seconded by Mr. Demro, to receive and file the report.
Motion adopted. All members voting yea.
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6. ORDINANCE NO. 95-05 – AN ORIDNANCE establishing rates for participation in the Community Diversion Program, a program authorized by the Cuyahoga County Juvenile Court and administered by the Lakewood Department of Human Services/Division of Youth, effective January 1, 2006. (PLACED ON 1ST READING & REFERRED TO THE HEALTH & HUMAN SERVCIES COMMITTEE 10/17/05, 2ND READING 11/7/05)(Pg. 14)
Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinances No. 95-05.
Motion adopted. All members voting yea.
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7. Finance Committee Verbal Report regarding Ordinance No. 93-05.

Councilmember FitzGerald submitted the following report:

Item 93-05 has to do with the proposed contract for a company called Cronosys which is a Lakewood based business. The Finance Committee met this evening, all members were present to discuss this item. Council’s familiar, I know, with this proposal, basically it arises out of an initiative that Council and the Administration have been discussing for really a couple of years now which has to do with the concept of marketing the City’s vacant rental properties because we do have a problem with vacancies and we also wanted to incorporate the concept of if there was an entity renting properties which had not been responsible or had pending building violations that they would not be entitled to participate. The item that we have here this evening and the proposed program which Cronosys is going to be developing for this website will incorporate both of those. Goals. The Committee voted unanimously to recommend its adoption on third reading this evening. .

Motion by Mr. FitzGerald, seconded by Mr. Dever, to receive and file the Verbal Report.
Motion adopted. Five members voting yea
Mr. Demro absent for vote.
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8. ORDINANCE NO. 93-05 - AN EMERGENCY ORDINANCE authorizing and directing the Director of Planning and Development to engage Cronosys to provide professional services for the development and maintenance of Lakewood’s Available Rental Property Website, and contract administration in accordance with the Administrative Code of the City of Lakewood, contract amount not to exceed Twenty-Five Thousand Dollars ($25,000) for a three (3) year period. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 10/17/05, 2ND READING 11/7/05)(Pg. 15)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinances No. 93-05.
Motion adopted. Five embers voting yea.
Mr. Demro absent for vote
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9. Finance Committee Verbal Report regarding Ordinance No. 89-05B.

Councilmember FitzGerald submitted the following report:
This was another item we dealt with this evening and we heard a presentation from Assistant Director of Law Mary McGraw regarding the changes. There’s really just a couple of which are noteworthy. First of all it reflects some of the part-time positions and there levels of compensation. It also deleted a raise that had been originally in the legislation for the Civil Service Commission which Council rejected. In sum, those were the changes in the salary ordinance for this year.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to receive and file the Verbal Report.
Motion adopted. All members voting yea.
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10. ORDINANCE NO. 89-05B – AN EMERGENCY ORIDNANCE creating positions and rates of pay for full-time and certain part-time annual salaried employees and hourly rate employees not covered by a collective bargaining agreement in the several departments, divisions and offices of the City of Lakewood, including the Chief of Fire, Chief of Police and Civil Service Commissioners, effective January 1, 2005. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/7/05)(Pg. 17)
Councilmember FitzGerald added:

The Committee also decided that there were grounds to pass this by a suspension of the rules this evening because of the fact that you have part-time employees who we wanted to have a legal basis for their compensation. The Committee felt that that was sufficient legal justification to pass it this evening.

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to substitute Ordinance No. 89-05B with that which has been provide by the Law Department.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Seelie
Nay: None
Motion adopted. Ordinance No. 89-05B substituted. .

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 89-05B on final reading.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Seelie
Nay: None
Motion adopted. Rules suspended.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 89-05B as substituted.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Seelie
Nays: None
Motion adopted. Ordinance No. 89-05B adopted as substituted.
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11. Finance Committee Verbal Report regarding Memberships for 2006.

Mr. FitzGerald submitted the following report:
The Finance Committee met on this item, basically in sum, there was one membership which was added and there were nine which were deleted but there were questions from the Committee regarding two of the proposed deletions. One being the Ohio Environmental Protection Agency and the other being the Northeast Ohio Regional Sewer District because those are particularly sensitive issues that the community is going to be grappling with so it wasn’t necessary to pass it this evening and the Committee voted to just place it on another reading and refer it back to Committee.

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to receive and file the Verbal Report.
Motion adopted. All members voting yea.
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12. RESOLUTION NO. 8042-05 – A RESOLUTION authorizing the Director of Finance to pay the cost of memberships of municipal employees and/or Departments and Divisions in certain associations for the year 2006 and declaring such memberships to be in the public interest. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/7/05)(Pg. 21)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Resolution No. 8042-05 on second reading and refer it back to the Finance Committee.
Motion adopted. All members voting yea.
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13. Finance Committee Verbal Report regarding Property Tax Rate Resolution for 2006.

Councilmember FitzGerald submitted the following report:

This is a yearly exercise we go through. The structure in which we operate within the County’s authority requires us to basically pass a resolution which justifies our use of the property tax mils. It is virtually identical with the way it was done in previous years with the exception of an additional .2 mils being assigned to go for service on our City’s debt. Other than that, it just basically justifies our use of the property tax mils that we currently are experiencing in the City. The Committee voted unanimously that this would be passed this evening. It’s a resolution, it’s not an ordinance, so we don’t’ have to suspend the rules . There is a deadline, which is approaching for the County so I’m going to be asked that it be passed this evening.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to receive and file the Verbal Report.
Motion adopted. All members voting yea.
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14. RESOLUTION NO. 8043-05 – A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/7/05)(Pg. 24)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Resolution No. 8043-05.
Motion adopted. All members voting yea.
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15. Finance Committee Verbal Report regarding Workers Compensation – Retrospective Rating Plan Participation.

Councilmember FitzGerald submitted the following report:

The Finance Committee also met regarding this item this evening. Every City has to elect a process by which their Workers Compensation claims will be managed and there’s a number of different plans that they can sign up through with the Bureau of Workers Compensation depending what they think fits their city employees and the risk pool they think their city employees should be placed in. The bottom line is that it comes down to managing your premiums. It’s like picking your own insurance plan, which what you think best manages your premiums and your risk. We had a presentation which was very helpful last year that some Members of Council might recall from the City’s consultant regarding Workers Compensation and dealt with this issue as to whether or not we would participate in a retrospective rating plan for the City. It’s that time of year again that we need to put in our application in order to participate in that program. We’re also going to be looking at later in the year, whether or not it makes sense for the City to switch to another plan that you can operate within the Workers Compensation scheme which has to do with self insurance but that requires additional discussion and analysis by the Administration and by Council. But that’s something that we’ll be probably be discussing in the month of December, toward the end of the month of December and right up to the Budget Hearings. But for this, this is the same plan that we’ve been operating on before. Again, it is time sensitive so we I will be asking for; actually it’s a resolution again so I don’t think we have to suspend the rules. The Committee voted unanimously for it to be passed by Council this evening.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to receive and file the Verbal Report.
Motion adopted. All members voting yea.
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16. RESOLUTION NO. 8044-05 – AN EMERGENCY RESOLUTION authorizing the Director of Finance o enter into an agreement to apply to The Ohio Bureau of Workers’ Compensation to participate in a Retrospective Rating Plan for the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/7/05)(Pg. 28)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Resolution No. 8044-05.
Motion adopted. All members voting yea.
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17. Finance Committee Verbal Report regarding Amendments to Contracting Ordinances.

Mr. FitzGerald submitted the following report.

This is the last item that we are going to be addressing this evening through the Finance Committee. These are amendments to our contracting ordinances. In general, there’s also a substitute which I hope everyone has in front of them. If you don’t, we can provide you a copy. There are a number of changes. The first one had to do with additional money for the Law Department and the explanation for this was; which was approximately $50,000 more in the contracting authority for the Law Department due to unanticipated expenses regarding the negotiation of the union contracts. The second major item was fuel supplies which were mentioned previously in tonight’s meeting regarding increased costs of fuel which is an additional $100,000 due to the increase in price of gasoline and fuel. The last two items; one was for prisoner food supplies which was underestimated by approximately $20,000 and the last one is an additional $25,000 which is actually coming from the Law Enforcement Trust Fund; it’s not coming from the General Fund and that is to complete and actually go with a updated, technological legal version of the in-car videos for our police cars. Again, this is time sensitive because of the appropriations. The Committee voted unanimously to suspend the rules and pass the substituted amendment this evening.

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to receive and file the Verbal Report.
Motion adopted. All members voting yea.
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18. ORDINANCE NO. 99-04E – AN EMERGENCY ORDINANCE amending Ordinance No. 99-04D, adopted October 17, 2005 for the purpose of changing and increasing contracting authority for the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Procurement Officer to enter into contracts for professional services, and to advertise for bids and enter into contracts for the purchase of repair maintenance and operating supplies, services and equipment as authorized by the 2005 Appropriation Ordinance and the Administrative code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provide by law. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/7/05)(Pg. 29)
Councilmember FitzGerald added that he had asked for a more detailed accounting of the rates that the City was paying. He said the bills may be higher because negotiations have gone on longer but could also be due to some of the rulings have been appealed and gone to an arbitrator. He indicated these costs are beyond the City’s power to control as the Unions have the option to appeal the fact finders report and the City has to continue to participate as well as pay for the arbitrators.

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to substitute Ordinance No. 99-04E.
Motion adopted. All members voting yea.
Ordinance No. 99-04E is substituted.

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 99-04E on final reading.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Seelie
Nays: None
Motion adopted. Rules suspended.

Motion by Mr. Mr. FitzGerald, seconded by Mr. Dunn, to adopt Ordinance No. 99-04E.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Seelie
Nays: None
Motion adopted. Ordinance No. 99-04E adopted.

****NEW BUSINESS****

19. Communication from Councilmember Demro regarding “Child Protection Act”. (Pg. 33)

Motion by Mr. Demro, seconded by Mr. Dunn, to receive, file and refer the communication to the Rules & Ordinances Committee.
Motion adopted. All members voting yea.
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{PLEASE NOTE THAT ORDINANCE NUMBERS WERE CORRECTED FROM DOCKET AGENDA PUBLICATION}
20. ORDINANCE NO. 107-05 – AN ORDINANCE adding a new Section 533.17 entitled “Prohibitions on Residency” as part of Chapter 533 entitled “Obscenity and Sex Offenses” of the General Offenses Code of the Codified Ordinances of the City of Lakewood and declaring an emergency. (Pg. 34)

Motion by Mr. Demro, seconded by Mr. Dunn, to place Ordinances No. 107-05 on 1st Reading and refer it to the Rules & Ordinances Committee.

Councilmember FitzGerald indicated he wanted noted that there was discussion about the issue earlier this year with the Law Department and the President of Council and that it was deemed important that the issue should not be politicized. He said that there were other cities across the country that were looking at this issue and that it was determined that monitoring of the issue in a responsible way was considered necessary, to be effective instead of in an hysterical way. He said it was also discussed it was important not to expose the City to litigation which he stated some cities that have had knee-jerk reactions to have had. He said that it was also worth noting that the City of Lakewood’s Police Force does currently go above and beyond what the law requires and that he did not want public discussion to go on without that being known. He said that experience in the prosecutors office shows that because of the different levels of classifications of sexually oriented offenders something had to be in place to address the levels on a case by case basis and that he hoped that would be done in Lakewood.

Councilmember Corrigan indicated he wanted to echo Mr. FitzGerald’s remarks and also point out that the 1,000 feet from every school section in the proposal would need to be further considered as it could have an unintended consequence. He indicated too that experience in representing people who have been charged with offenses because there are occasions the prosecutor’s office tend to over indict people for what are misdemeanors an undeserving label is given. He said that in the interest of justice, that the ordinance needed to take into consideration what Mr. FitzGerald stated regarding the flexibility to address what truly is a sexually oriented offense. He gave as an example a person going to the bathroom behind his car being charged with indecent behavior. He asked that Council look with circumspection at the ordinance and not fan the flames of paranoia that might exist.

Councilmember Demro indicated that the reason he did not propose 2,500 feet as they did in North Canton was because he did not know what the Constitutional bounds are. He said he would like to make it 10,000 feet but that unfortunately it may not be acceptable. He indicated he proposed what was accepted in the region to date, what has been tested in the region. He said the reason the ordinance was addressed at this time as opposed to the middle of a campaign was to keep it out of the political dialogue. He said he did not know if this was fanning the flames but was in response to what he has heard through knocking on doors and Police Officers. He said this was a first draft that would need the input of Human Services. He said that the State Law authorized a 1,000 feet and was good but without the authority to remove the individuals for violating that law, then the law is ineffective. He indicated that people don’t have confidence when there are 71 offenders in the City of Lakewood and note there are 6 in Rocky River, 8 in Fairview Park or 10 in Westlake. He indicated people are saying, why should they stay here. He said it was an obligation to protect youth in the City. He stated Cuyahoga Falls was another City that set a great example of preventing sex offenders from the use of their natatorium. He said that has to be looked into that if Lakewood is serious about protecting children.

Human Services Director Buckon indicated there were ongoing discussion on the issue and the outcome of the talks showed that parental education in protection and awareness was important.
Mayor George indicated that sexual offenders did have to register with the County Sheriff and that Lakewood Police go over and above that, identifying offenders, sending out information, and visit homes in the area. He said there have not been any incidents associated with this those registered in the City. He said that he did want to echo the Constitutional issues surrounding the issue and the need to avoid costly litigate. He said he looked forward to working in Committee for an effective, meaningful and affordable law.

Motion adopted. All members voting yea.
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21. Communication from Councilmember Dunn regarding Proposed Ordinance No. 67-05 Amend 523 Indoor Air Pollution - $15,000 Grant from Ohio Tobacco Use Prevention and Control Foundation – Smoke-free Schools In Lakewood. (P. 35)

Motion by Mr. Dunn, seconded by Mr. Demro, to receive, file and refer the communication to the Committee of the Whole.

Mr. Dunn added that he requested a prompt hearing because of the awareness of what is happening with the Lakewood Catholic Academy; that this is consistent with good health in the community to ensure an absolute prohibition on all smoking and tobacco products in schools. He said he would like the legislation in place for January 1st when the students return after their holiday break. He said it was also important to acknowledge the $15,000 being offered the City. He said the statewide initiative will be on the ballot in November of 2006. He said that based on polls and past experience in other states that it could reasonably be expected that it will pass overwhelmingly and take effect most likely 30 days after the November vote. He said that if Lakewood passes the recommendations he stated were brought forward by the Lakewood Clean Indoor Air Commission; a phase in approach; the first stage - public education, the $15,000 could be used there. He said that the City could help businesses gain patronage and support theme economically. He said the first six months was public education, followed by a prohibition on restaurants which would be July 1st. He said followed six months later there would be a prohibition on the bar community which would go to January 1st, 2007. He said this was after the date that the state-wide election law would take effect. He said the evidence was clear that this does not have an adverse economic impact; but that Council was aware that the Lakewood Hospitality was formed with the gathering of a few businesses that feared this change. He said that for arguments sake, the point could be conceded; the issue would be removed from the table – and the City could be the beneficiary of $15,000.

Councilmember Demro indicated that he wanted to address the issue with regard to schools. He indicated it was his belief that in 1993, there was a declaration that all school property would be smoke-free and that it has been smoke free. He indicated he wanted the inclusion of parochial and private schools to the law so that there was no discrimination.

Councilmember Corrigan indicated the whole matter was already referred to the Committee of the Whole. He said that contrary to what Mr. Dunn had asserted absolute certainty the statewide smoking ban would pass could not be assumed. He said that this was the reason the Committee of the Whole should rely on the recommendation of the legal department to craft language that will work irrespective of what the state-wide ban will do within the guidelines Council has proposed. He requested the Law Department address what can be done with regard to the school property. He said rather than send the present issue to the Committee of the Whole that there be reliance on the process that was already engaged, rely on the Legal Department to do its job. He said for that reason he would be voting no on the issue.

Counclmember Dunn indicated that this was consistent with good Committee work, recognizing that the issue is in the Committee of the Whole and has not been slated for discussion.

Councilmember Dunn indicated that this issue was discussed and one component that was left out was the schools. He said that the recommendations from the Clean Indoor Air Commission have been removed from the table. He said three issues were presented to the Law Department to add to the ordinance. He said he would also be voting no. He said he was sure there would be a recommendation to add schools to the ordinance the Law Department is drafting.
Counclmember FitzGerald stated he would be voting no with the assurance that the issue of the schools would be addressed. He said that he regarded this part new as opposed to the other parts of the proposal. He said that the certainty that the issue would pass was not reliable because Issues, 2, 3, 4and 5 would have passed as they too were ahead in the polls. He said it would be foolish to make public policy decisions on the basis that there was certainty on what would happen in an election a year from now. He said he did not know about the private school issue as it related to discrimination but that there was an issue as to what the City could or could not do relative to that; and that he had a vested interest because his four children are there.

Councilmember Demro indicated that he would be putting forward an ordinance at the next docket an amendment that included schools throughout the City. He indicated that the existing law currently regulates private entities with regard to smoking.

A audience member spoke opposing the proposal, another spoke in favor.
(to receive, file and refer to the Committee of the Whole)

Yeas: Demro, Dunn,
Nays: Corrigan, Dever, FitzGerald, Seelie
Motion fails.
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive, file and refer the school issue in the to the Law Department and have them draft legislation.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Seelie
Motion adopted. Issue referred to Law Department.
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22. Communication from Mayor George regarding 2005 Fraternalist of the Year. (Pg. 42)

Motion by Mr. Seelie, seconded by Mr. Corrigan to receive and file the communication.
Motion adopted. Five members voting yea.
Mr. Dunn absent for vote.
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23. RESOLUTION NO. 8045-05 – A RESOLUTION to congratulate Tony Beno on being awarded the Ohio Fraternal Congress’ 2005 Fraternalist of the Year ward. (Pg. 43)
Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 8045-05.
Motion adopted. Five members voting yea.
Mr. Dunn absent for vote.
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24. Law Department Response to Councilmember Corrigan’s Request for Legislation addressing Regulation of Motorized Skateboards, Scooters, and Similar Devices. (Pg. 44)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to receive, file and refer the communication to the Public Safety Committee.

Motion adopted. Five members voting yea.
Mr. Dunn absent for vote.
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25. ORDINANCE NO. 108-05 – AN EMERGENCY ORDINANCE to create a new Section within Chapter 373, Bicycles and Motorcycles, of the Codified Ordinances of the City of Lakewood to define “Motorized Conveyance”. (Pg. 45)

Councilmember Corrigan wanted to note that the Law Department did a good job in definitions and language to address battery operated conveyances for the disabled and taking into consideration vehicles properly known as the Segway; to electric, personal assisted mobility devices.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to place Ordinance No. 108-05 on 1st Reading and refer it to the Public Safety Committee.
Motion adopted. Five members voting yea.
Mr. Dunn absent for vote.
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26. ORDINANCE NO. 109-05 – AN EMERGENCY ORDINANCE to create a new Section within Chapter 373, Bicycles and Motorcycles, of the Codified Ordinances of the City of Lakewood to regulate Motorized Conveyances. (Pg. 46)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to place Ordinance No. 109-05 on 1st Reading and refer it to the Public Safety Committee.
Motion adopted. Five members voting yea.
Mr. Dunn absent for vote.
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27. ORDINANCE NO. 110-05 – AN EMERGENCY ORDINANCE amending Section 311.031 currently entitled “Helmets for Persons Operating Bicycles, Skateboards, Roller-skates or In-line skates” of the Lakewood Codified Ordinances, for the purpose of also requiring the use of a helmet when operating a motorized conveyance. (Pg. 47)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to place Ordinance No. 110-05 on 1st Reading and refer it to the Public Safety Committee.
Motion adopted. Five members voting yea.
Mr. Dunn absent for vote.
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28. ORDINANCE NO. 111-05 – AN EMERGENCY ORDINANCE to create a new Section within Chapter 905, Parks, of the Codified Ordinances of the City of Lakewood to regulate the operation of motorized conveyance in City parks. (Pg. 50)

Motion by Mr. Corrigan, seconded by Mr. Dever, to place Ordinance 111-05 on 1st Reading and refer it to the Public Safety Committee.
Motion adopted. All members voting yea.
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29. Communication from Public Works Director Beno regarding Communication System Analyzer. (Pg. 51)
Motion by Mr. Seelie, seconded by Mr. Demro, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
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30. ORDINANCE NO. 112-05 – AN EMERGENCY ORDINANCE authorizing the Director of Public Works, to enter into a contract with the lowest and best bidder for a communications analyzer in accordance with the Administrative Code of the City of Lakewood. (Pg. 52)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 112-05 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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31. Communication from Police Chief Malley regarding Auxiliary Police Unit. (Pg. 53)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive, file and refer the communication to the Committee of the Whole.
Motion adopted. All members voting yea.
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32. ORDINANCE NO. 113-05 – AN ORDINANCE to amend section 135.10 , Auxiliary Police Unit, of the Lakewood Codified Ordinances of the City of Lakewood for the purpose of lowering the age requirement and removing the requirement that participants either live in the City of Lakewood or work for the City of Lakewood. (Pg. 54)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 113-05 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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33. Communication from Finance Director Nogalo regarding Purchasing and Contracting Ordinance FY2006. (Pg. 56)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
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34. ORDINANCE NO. 114-05 – AN ORDINANCE authorizing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to enter into contracts for professional services, and to advertise for bids and enter into contracts for the purchase of repair maintenance and operating supplies, services and equipment as authorized by the 2005 Appropriation Ordinance and the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law. (Pg. 57)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 114-05 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
….
35. Communication from Finance Director Nogalo regarding Temporary Appropriations for Fiscal Year 2006. (Pg. 61)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive, file and refer the communication to the Finance Committee.

Motion adopted. All members voting yea.
….
36. ORDINANCE NO. 115-05 – AN ORDINANCE to establish temporary appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for three months, January 1, 2006 to March 31, 2006 as provided by Ohio Revised Code Section 5705.38. (Pg. 62)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 115-05 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
….
37. Communication from Finance Director Nogalo regarding Amendment to the FY2005 Fund Transfers and Additional Appropriations. (Pg. 64)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
….
38. ORDINANCE NO. 116-05 – AN EMERGENCY ORDINANCE to establish additional appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2005. (Pg. 65)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 116-05 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
….
39. ORIDNANCE NO. 7-05B – AN EMERGENCY ORDNIANCE amending Ordinance No. 7-05A, adopted July 18, 2005, authorizing the additional transfers of certain funds. (Pg. 67)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 7-05B on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
….
40. Communication from Finance Director Nogalo regarding 2006 Tax Advances. (Pg. 70)
Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file the communication.
Motion adopted. All members voting yea.
….
41. RESOLUTION NO. 8046-05 – AN EMERGENCY RESOLUTION requesting the Cuyahoga County Auditor to draw and the Cuyahoga County Treasurer to pay to the City of Lakewood Director of Finance an advance of all real; personal property; estate taxes and special assessments collected in the year 2006 in such amounts as may be requested and available. (Pg. 71)

Motion by Mr. Dever, seconded by Mr. Seelie, to adopt Resolution No. 8046-05.
Motion adopted. All members voting yea.
….
42. Liquor Permit Application for a C2 transfer for Brennans Inc. D/b/a Brennans Floral Gift Shop 13396 Madison Avenue from Brennans Inc. d/b/a Brennans Floral Gift Shop same address. (Pg. 73)
Motion by Mr. Corrigan, seconded by Mr. Seelie, to file no objection to this liquor permit application.
Motion adopted. All members voting yea.
….
43. ADD-ON – RESOLUTION NO. 8047-05 – A RESOLUTION congratulating Kristopher R. Graber on earning the rank of Eagle Scout as a member of Boy Scout Troop 293.
Motion by Mr. Demro, seconded by Mr. Seelie, to adopt Resolution No. 8047-05.
Motion adopted. All members voting yea.
….
Motion by Mr. Seelie, seconded by Mr. Corrigan to adjourn the meeting.
Motion adopted. All members voting yea.

Meeting adjourned 9:38 PM.

Approved:___________________________ ________________________
President
________________________
Clerk