Regular Meeting of the Lakewood City Council called to order at 7:41P.M. by President Seelie.
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Present: Councilmembers Kevin Butler, Ryan Patrick Demro, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Mary Louise Madigan, 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.

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

Motion by Mr. Seelie, seconded by Mr. Demro, to approve the minutes without the necessity of a reading..

Motion adopted. All members voting yea.

Without objection from Council, items, 17, 18, 21, 22, 23, and 24 were read first in the agenda order.

****OLD BUSINESS****

1. Rules & Ordinances Committee Report regarding Lakewood Community Relations Advisory Commission. (Pg. 5)

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. 87-05 – An Ordinance creating a Lakewood Community Relations Advisory Commission. (PLACED ON 1ST READING & referred to the Rules & Ordinances Committee 9/19/05, 2nd Reading 10/3/05) (Pg. 6)

Motion by Mr. Dunn, seconded by Mr. Demro, to adopt Ordinance No. 87-05.

Comments from a resident were heard opposing the ordinance indicating it was not needed, it would end up costing money.

Councilmembers discussed whether the Commission would place an added burden on the Community Relations Staff which presently had extensive duties. There was concern expressed that the Commission may take away from current tasks. It was explained that the Commission’s affiliation with the Community Relations office was a formality and would provide the Community Relations Office greater resources and help. Comments were made that the focus would be on marketing the City a concern about providing for a sunset provision. It was concluded that Council had the authority to review the merit of the Commission at anytime as the Commission could be dissolved if it did not prove helpful.

To adopt, the roll was called.
Yeas: Demro, Dunn, FitzGerald, Madigan, Seelie
Nays: Butler, Dever,
Motion adopted. Ordinance No. 87-05 adopted.
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3. Finance Committee Verbal Report regarding Memberships for 2006.

Mr. FitzGerald submitted the following report.

The Finance Committee met this evening and also in attendance were Councilman Demro and Mr. Butler. We met to discuss adjusting our memberships for the year. There were two memberships; one was for the Northeast Ohio Regional Sewer District that we had questioned whether or not that should be removed. The second one was for the Ohio EPA. One of these was duplicative and the other one for the Ohio EPA was not actually a membership it was a license that the City had to grant. The one for the Regional Sewer District was already covered by another membership that we have and the Committee was satisfied with that. The members of the Committee voted unanimously that this be approved by the full Council this evening.

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to receive and file the verbal report.
Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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4. 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, 2nd READING 11/21/05)(Pg. 9)

Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
Resolution No. 8042-05 adopted.
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5. Finance Committee Verbal Report regarding Communication System Analyzer.

Mr. FitzGerald submitted the following report.

We also met this evening, the Finance Committee did, regarding increasing contracting authority of approximately $30,000 for a sound analyzer. We had personnel from Public Works Department come down and explain the operation of it. It allows the two-way radios that are used by various departments, not just the Public Works Department, but other departments within the City to communication with each other without interference and also without interfering with other people and other frequencies. It’s a necessary piece of equipment. The predecessor of this piece of equipment had run its course of ten to twelve years of life expectancy so to speak. The warranty was running out and we’re actually using borrowed equipment at this time before the next item is purchased. The item that is referenced in your materials is something that is being purchased in the State Purchasing cooperative so we have reasonable assurance that the amount was proper and it was obviously a pressing need. For that reason, the Committee voted unanimously to suspend the rules this evening and recommend adoption.
Motion by Mr. FitzGerald, seconded by Mr. Seelie, to receive and file the verbal report.
Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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{PLEASE NOTE ORDINANCE NUMBER CORRECTIONS}
6. ORDINANCE NO. 108-(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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/21/05) (Pg. 12)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 112-05 on final reading.

Mr. FitzGerald added that the Committee did ask how it would affect the fund balance at the end of the year and that the Committee was informed that it would not. He said the costs were to be prorated between the uses of that type of equipment for different departments. He said because of that and that it had been shown to be a necessary and a literal emergency piece of equipment that satisfied the rule for suspending the rules.

Yeas: Butler, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Rules suspended.

Motion by Mr. FitzGerald, seconded by Mr. Seelie to adopt Ordinance No. 112-05.

Yeas: Butler, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 112-05 adopted.
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7. ORDINANCE NO. 96-(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. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 11/21/05) (Pg. 13)

Motion by Mr. Seelie, seconded by Ms. Madigan, to place Ordinance No. 107-05 on 2nd reading.
Motion adopted. All members voting yea.
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8. ORDINANCE NO. 97-(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”. (PLACED ON 1S READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE) (Pg. 14)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 108-05 on 2nd Reading.
Motion adopted. All members voting yea.
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9. ORDINANCE NO. 98- (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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 11/21/05) (Pg. 15)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 109-05 on 2nd Reading.
Motion adopted. All members voting yea.
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10. ORDINANCE NO. 99-(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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 11/21/05) (Pg. 16)

Motion by Mr. Seelie, seconded by Ms. Madigan, to place Ordinance No. 110-05 on 2nd Reading.
Motion adopted. All members voting yea.

11. ORDINANCE NO. 107-(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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 11/21/05) (Pg. 19)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 111-05 on 2nd Reading.
Motion adopted. All members voting yea.

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12. ORDINANCE NO. 109-(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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 11/21/05) (Pg. 20)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 113-05 on 2nd Reading.
Motion adopted. All members voting yea.
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13. ORDINANCE NO. 110-(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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/21/05)(Pg. 22)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 114-05 on 2nd Reading.
Motion adopted. All members voting yea.
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14. ORDINANCE NO. 111-(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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/21/05)(Pg. 26)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 115-05 on 2nd Reading.
Motion adopted. All members voting yea.
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15. ORDINANCE NO. 112-(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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/21/05)(Pg. 28)

Motion by Mr. FitzGerald, seconded by MR. Seelie, to place Ordinance No. 116-05 on 2nd Reading.
Motion adopted. All members voting yea.
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16. ORDINANCE NO. 7-05B – AN EMERGENCY ORDINANCE amending Ordinance No. 7-05A, adopted July 18, 2005, authorizing the additional transfers of certain funds. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/21/05) (Pg. 30)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 7-05B on 2nd Reading.
Motion adopted. All members voting yea.

****NEW BUSINESS****

17. Communication from Mayor George regarding Resolution for Jennifer Demmerle. (Pg. 33)

Motion by Mr. Seelie, seconded by Ms. Madigan, to receive and file the communication.

Motion adopted. All members voting yea.
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18. RESOLUTION NO. 8048-05 - A RESOLUTION to acknowledge Jennifer Demmerle Assistant Director of Finance for the City of Lakewood. (Pg. 34)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to adopt Resolution No. 8048-05.
Motion adopted. All members voting yea.
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19. Communication from Mayor George regarding Resolution for Eagle Scout Kristopher Graber. (Pg. 35)

Motion by Mr. Seelie, seconded by Mr. Demro, to defer action on this item.
Motion adopted. All members voting yea.
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20. RESOLUTION NO. 8049-05 – A RESOLUTION to honor and recognize Kristopher Robert Graber on the occasion of his being awarded the Boy Scouts of America highest honor the Eagle Scout Badge. (Pg. 36)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to defer action on this item.
Motion adopted. All members voting yea.
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21. Communication from Mayor George regarding Lakewood High School Boys Soccer Team, Girls Volleyball Team, and Paul Verga of the Boys Cross Country Team. (Pg. 37)

Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file the communication.
Motion adopted. All members voting yea.
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22. RESOLUTION NO. 8050-05 –A RESOLUTION to congratulate the 2005 Lakewood High School Boys Soccer Team on winning the Lake Erie League Championship and District Championship. (Pg. 38)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 8050-05.
Motion adopted. All members voting yea.
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23. RESOLUTION NO. 8051-05 – A RESOLUTION to congratulate the 2005 Lakewood High School Girls Volleyball Team on winning the Lake Erie League Championship. (Pg. 39)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to adopt Resolution No. 8051-05.

Motion adopted. All members voting yea.
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24. RESOLUTION NO. 8052-05 – A RESOLUTION recognizing the accomplishments of Paul Verga of the 2005 Lakewood High School Boys Cross Country Team. (Pg. 40)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to adopt Resolution No. 8052-05.
Motion adopted. All members voting yea.
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25. Communication from Mayor George regarding Youth Master Plan Initiative. (Pg. 41)

Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file the communication.
Motion adopted. All members voting yea.
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26. RESOLUTION NO. 8053-05 – A RESOLUTION to acknowledge and support implementation of the City of Lakewood Youth Master Plan initiative, a strategic planning process to guide the city, Schools and community stakeholders in the delivery of programs and services to youth and families in Lakewood. (Pg. 42)

Motion by Mr. Seelie, seconded by Ms. Madigan, to adopt Resolution No. 8053-05.
Motion adopted. All members voting yea.
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27. Communication from Law Director Corrigan regarding revised Salary Ordinance. (Pg. 43)

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.
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28. ORDINANCE NO. 89-05C – AN EMERGENCY ORDINANCE 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. (Pg. 44)

Motion by Mr. FitzGerald, 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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29. Communication from Finance Director Nogalo regarding Amendments to Contracting Ordinance. (Pg. 48)

Motion by Mr. FitzGerald, 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. 99-04F – AN EMERGENCY ORDINANCE amending Ordinance No. 99-04E adopted November 21, 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 provided by law. (Pg. 49)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 99-04F on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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31. Communication from Public Works Director Beno regarding Water Rate Adjustments. (Pg. 53)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, 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. 117-05 – AN ORDINANCE to amend Chapter 915, Water Rates, of the Codified Ordinances of the City of Lakewood for the purpose of increasing water rates, decrease the water customer service charge and to decrease the rate for those who qualify for the homestead exemption. (Pg. 54)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 117-05 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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33. Communication from Fire Chief Mroz regarding 2005 EMS MARCS Radio Grant-Contracting Authority. (Pg. 57)

Motion by Mr. Seelie, seconded by Ms. Madigan, to receive and file the communication.

Fire Chief Mroz indicated the MARCS State-wide system – to accommodate an 800 megahertz emergency radio system.

Motion adopted. All members voting yea.
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34. ORDINANCE NO. 118-05 – AN EMERGENCY ORDINANCE authorizing the Mayor, as the Director of Public Safety, to enter into a contract with the lowest and best bidder for Multi-Agency Radio Communications System (MARCS) enhanced radio equipment and services in accordance with the Administrative Code of the City of Lakewood. (Pg. 58)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 118-05 on final reading.

Yeas: Butler, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Rules suspended.

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to adopt Ordinance No. 118-05.

Yeas: Butler, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No. 117-05 adopted.

Motion by Mr. Seelie, seconded by Ms. Madigan, to adjourn the meeting.

Meeting adjourned 8:53 PM.

Approved:___________________________ ________________________
President
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Clerk