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AGENDAS & MINUTES / CITY COUNCIL / 2010:
 
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 Meetings Convened in December 2010:

December 6, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, December 6, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; M. J. Carroll, Chief of Fire; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve minutes of the Special Meeting of Council held Monday, November 15, 2010.
 
Approve Minutes of the Regular Meeting of Council held Monday, November 15, 2010.
 
SWEARING IN: Newly appointed Fire Chief, Michael J. Carroll
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING:
ORDINANCE NO. 2010-71
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 7 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-76
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURESOF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2010, REPEALING ORDINANCE NO. 2010-67, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-77
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 1170 OF THE CODIFIED ORDINANCES OF THE CITY TO PERMIT ELECTRONIC DISPLAY SIGNS IN THE CITY AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-78
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT WITH BIALOSKY & PARTNERS, ARCHITECTS, TO PROVIDE ADDITIONAL PROFESSIONAL SERVICES FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-79
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 8 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-80
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 5 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-81
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING THE APPLICATION BY THE MAYOR TO THE NORTHERN OHIO PUBLIC ENERGY COUNCIL (NOPEC) FOR FUNDS TO HELP FUND CAPITAL IMPROVEMENTS TO THE LYNDHURST MUNICIPAL CENTER PURSUANT TO THE POWERING OUR COMMUNITY GRANT PROGRAM.
 
RESOLUTION NO. 2010-82
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING THE APPLICATION BY THE MAYOR TO THE NORTHERN OHIO PUBLIC ENERGY COUNCIL (NOPEC) FOR FUNDS TO HELP FUND CAPITAL IMPROVEMENTS TO THE LYNDHURST MUNICIPAL CENTER FIRE DEPARTMENT PURSUANT TO THE POWERING OUR COMMUNITY GRANT PROGRAM.
 
Correspondence:
 
Ohio Division of Liquor Control for the transfer of Revco Drug Stores Inc., dba CVS Pharmacy 4499 to Ohio CVS Stores LLC dba CVS Pharmacy 4499, 1443 Richmond Road.
 
Request authorization to advertise for bids:
 
Site improvements and installation of Brainard Park Sprayground.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
ORDINANCE NO. 2010-30
INTRODUCED BY: Councilman Schlessel
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
December 6, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, December 6, 2010, at 8:06 P.M., Vice Mayor Joseph A. Marko presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; M. J. Carroll, Chief of Fire; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance;
 
Absent: T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that reading of the minutes of the Special Meeting of Council held Monday, November 15, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that reading of the minutes of the Regular Meeting of Council held Monday, November 15, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed, with Mr. Gambatese abstaining.
 
The Oath of Office was administered to newly promoted Fire Chief Michael J. Carroll.
 
MAYOR'S REPORT - Mayor Cicero had no report.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher stated that the Service & Sewers Committee had met earlier this evening and that a formal report would be forthcoming and made a part of the permanent record.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
The meeting was opened to public comment: There were no comments from the public.
 
Mr. Ward announced that the Hillcrest Council of Councils is meeting this Saturday morning at Landerhaven and that the topic of conversation is joint fire districts. He said he would RSVP for those interested in attending.
 
Vice Mayor Marko thanked the administration and members of Council who assisted with this year's Holiday Lighting. He said it was very successful and well attended.
 
SECOND READING:
ORDINANCE NO. 2010-71
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 7 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-71 be placed on third reading and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-71 be amended to reflect a net additional amount of $3,611.00, not $3,985.00.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-71 is amended.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2010-71 be passed as amended.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.  Ordinance No. 2010-71 is passed as amended.
 
ORDINANCE NO. 2010-76
INTRODUCED BY: ADMINISTRATION
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2010, REPEALING ORDINANCE NO. 2010-67, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-76 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-76 was highlighted by Mrs. Kovalchik, with Section 10 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2010-76 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-76 is passed.
 
ORDINANCE NO. 2010-77
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING CHAPTER 1170 OF THE CODIFIED ORDINANCES OF THE CITY TO PERMIT ELECTRONIC DISPLAY SIGNS IN THE CITY AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-77 be placed on first reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried. Ordinance No. 2010-77 is placed on first reading.
 
ORDINANCE NO. 2010-78
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT WITH BIALOSKY & PARTNERS, ARCHITECTS, TO PROVIDE ADDITIONAL PROFESSIONAL SERVICES FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-77 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Mayor Cicero said that the explanations regarding Ordinance No. 2010-78 and Ordinance No. 2010-79 had not been distributed with Council's packets. He said the information would be made available to Council tomorrow morning, and added that there is justification and funding available. The Mayor apologized for not distributing the information.
 
Ordinance No. 2010-78 was highlighted by Mrs. Kovalchik, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-78 be passed.
 
Mr. Frey asked why there were additional change orders for this project. Mr. Ward said he did have discussion with the Judge regarding the progress and the change orders. He stated that the way the space is being renovated, there were some opportunities presented which were not visualized by the Court during the original planning. He further explained other changes, stating that the Judge is attempting to make the best use of the space that is available, which would enhance the function. There were some aesthetic changes as well, which resulted in use of material in other places. Mr. Ward pointed out that this is the only change order for Bialosky to this point. The Mayor added that every change was made for a good reason and well thought out.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-78 is passed.
 
ORDINANCE NO. 2010-79
INTRODUCED BY: ADAMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 8 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-79 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-79 was highlighted by Mrs. Kovalchik, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No.2010-79 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-79 is passed.
 
ORDINANCE NO. 2010-80
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 5 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-80 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-80 was highlighted by Mrs. Kovalchik, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2010-80 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-80 is passed.
 
RESOLUTION NO. 2010-81
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION RATIFYING THE APPLICATION BY THE MAYOR TO THE NORTHERN OHIO PUBLIC ENERGY COUNCIL (NOPEC) FOR FUNDS TO HELP FUND CAPITAL IMPROVEMENTS TO THE LYNDHURST MUNICIPAL CENTER PURSUANT TO THE POWERING OUR COMMUNITY GRANT PROGRAM.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-81 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-81 was highlighted by Mrs. Kovalchik, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2010-81 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-81 is adopted.
 
RESOLUTION NO. 2010-82
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION RATIFYING THE APPLICATION BY THE MAYOR TO THE NORTHERN OHIO PUBLIC ENERGY COUNCIL (NOPEC) FOR FUNDS TO HELP FUND CAPITAL IMPROVEMENTS TO THE LYNDHURST MUNICIPAL CENTER FIRE DEPARTMENT PURSUANT TO THE POWERING OUR COMMUNITY GRANT PROGRAM.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-82 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-82 was highlighted by Mrs. Kovalchik, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2010-82 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-82 is adopted.
 
Correspondence from the Ohio Division of Liquor Control for the transfer of C1 and C2 liquor permit from Revco Drug Stores, Inc., dba CVS Pharmacy 4499, 1443 Richmond Road, Lyndhurst, Ohio to Ohio CVS Stores, LLC, dba CVS Pharmacy 4499, 1443 Richmond Road, Lyndhurst, Ohio was noted with no request for hearing.
 
In response to request for same, it was moved by Mr. Ward, seconded by Mr. Fisher, that the Clerk be and she is hereby authorized and directed to advertise for bids for site improvements and installation of Brainard Park Spray Ground.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:34 P.M.

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 Meetings Convened in November 2010:

November 15, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, November 15, 2010, at 8:00 PM, Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; D. St. John, Acting Chief of Fire; J. C. Borton, Assistant Clerk of Council
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, November 1, 2010.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2010-70
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD BEGINNING JANUARY 1, 2011 AND ENDING MARCH 31, 2011, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-71
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 7 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-72
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BY NEWSPAPER PUBLICATION OR BY INTERNET AUCTION OF THREE SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-73
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BY NEWSPAPER PUBLICATION OR BY INTERNET AUCTION OF SIX SURPLUS MOTOR VEHICLES AND SERVICE EQUIPMENT, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-74
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH LONGO SEWER CONSTRUCTION CO. FOR THE 2009 SEWER REPAIR PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-75
INTRODUCED BY: ADMIN
 
A RESOLUTION CALLING FOR A ONE YEAR MORATORIUM BY THE NORTHEAST OHIO REGIONAL SEWER DISTRICT ON SEWER RATE INCREASES, AND DECLARING AN EMERGENCY.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
ORDINANCE NO. 2010-30
INTRODUCED BY: Councilman Schlessel
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
November 15, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, November 15, 2010, at 8:04 P.M., Vice Mayor Joseph A. Marko presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; M. J. Carroll, Chief of Fire; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; J. C. Borton, Assistant Clerk of Council.
 
Absent: Council Representative: J. A. Gambatese; T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that reading of the minutes of the Regular Meeting of Council held Monday, November 1, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero announced that Michael Carroll had been promoted to the position of Fire Chief and was sworn in last week. He will be ceremoniously sworn in at the Council meeting on December 6th.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey reported on the meeting of the Public Lands & Buildings Committee held earlier this evening. A copy of said report will be forthcoming and made a part of the permanent record.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher made some changes to the minutes of the Sewers & Service Committee meeting held November 1, 2010.
 
He called a meeting of the Service & Sewers Committee to be held on Monday, December 6, 2010 at 7:30 P.M. to discuss capital requests for 2011. In addition to the committee and any other interested Members of Council, Rick Glady, Mary Kovalchik and Jeff Filarski were invited to attend, as well as Mayor Cicero.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report.
 
PLANNING COMMISSION - Mr. Schlessel had no report. He complimented Councilman Frey, Service Director, Rick Glady and City Engineer, Jeff Filarski for their hard work on the presentation for the upcoming Spray Ground.
 
The meeting was opened to public comment: There were no comments from the public or from Members of Council.
 
ORDINANCE NO. 2010-70
INTRODUCED BY: ADMINISTRATION
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD BEGINNING JANUARY 1, 2011 AND ENDING MARCH 31, 2011, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-70 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-70 was highlighted by Mrs. Borton, with Section 10 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-70 be passed.
 
Mr. Ward stated that this ordinance is the temporary appropriation for the first quarter of 2011.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-70 is passed.
 
ORDINANCE NO. 2010-71
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 7 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-71 be placed on first reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-71 is placed on first reading.
 
ORDINANCE NO. 2010-72
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BYNEWSPAPER PUBLICATION OR BY INTERNET AUCTION OF THREE SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-72 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-72 was highlighted by Mrs. Borton, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-72 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-72 is passed.
 
ORDINANCE NO. 2010-73
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BY NEWSPAPER PUBLICATION OR BY INTERNET AUCTION OF SIX SURPLUS MOTOR VEHICLES AND SERVICE EQUIPMENT, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-73 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-73 was highlighted by Mrs. Borton, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-73 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-73 is passed.
 
ORDINANCE NO. 2010-74
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH LONGO SEWER CONSTRUCTION CO. FOR THE 2009 SEWER REPAIR PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-74 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Ordinance No. 2010-74 was highlighted by Mrs. Borton, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-74 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-74 is passed.
 
RESOLUTION NO. 2010-75
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION CALLING FOR A ONE YEAR MORATORIUM BY THE NORTHEAST OHIO REGIONAL SEWER DISTRICT ON SEWER RATE INCREASES, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended, that Resolution No. 2010-75 be placed on second and third reading for final adoption and that it be read in its entirety.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-75 was read in its entirety by Mr. Ward.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Resolution No. 2010-75 be adopted.
 
Mr. Ward stated that the Sewer District has negotiated a consent decree with the Environmental Protection Agency for Project Clean Lake, and if signed the consent decree is going to saddle the member communities of the NEORSD with a $3 billion dollar project list and specific remedies which they have identified. He said they have not shown that they have looked at other options. He and Mr. Schlessel attended a public meeting held in South Euclid where concerned residents were upset at the prospect of having their sewer bills go up 15% to 18% per year for each of the next 20 years and with the language of the advertisement which indicated that their sewer bills would increase "significantly". He said the remedy the District is outlining is a tunneling project designed to address the Combined Sewer Overflows which were once 9 billion gallons per year but have been significantly reduced since 1972, by half, to 4.5 billion gallons. He explained that part of the reduction that has been realized is through the investment this Council has made of over $12,000,000.00 of taxpayer money in reducing the infiltration of storm water into sanitary sewer lines. He said combined sewers are in the oldest sections of the sewer district region (City of Cleveland and in small sections of inner ring suburbs). He indicated the District is outlining an estimated $3,000,000,000.00 program to address these 4.5 billion gallons and thought they should look at some alternatives such as changing the combined sewers to separated sewers. Mr. Ward said the companies that perform the kind of sewer work that was done in Lyndhurst are plentiful and the companies that do the specialized tunneling are very few which will not allow for much flexibility in pricing and will not assure that local companies and local workers will be able to do the work. He said this mandate to reduce combined sewer overflows is not just for the Cleveland area; there are many cities in Ohio in the Midwest and East that have combined sewers that are under the same pressure. Mr. Ward was concerned that there has been minimal input from communities affected by this mandate until this "11th hour" blitz to roll out this one option. He felt communities need to make sure the Sewer District does not sign the consent decree, and gives the member communities the opportunity to comment.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-75 is adopted.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:34 P.M.

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November 1, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, November 1, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; D. St. John, Acting Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, October 18, 2010.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID - LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2010-67
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENTEXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2010, REPEALING ORDINANCE NO. 2010-58, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-68
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-14-106 TO BE A CONTINUED NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED CONTRACT FOR THE ADDITIONAL WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-69
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING A CONTRACT WITH THE CUYAHOGA COUNTY GENERAL HEALTH DISTRICT FOR THE PUBLIC HEALTH SERVICES TO BE RENDERED DURING THE YEAR 2011, AUTHORIZING THE AUDITOR TO CREDIT THE CONSIDERATION PAYABLE UNDER SAID CONTRACT AND TO DEDUCT EQUIVALENT SUMS FROM TAX SETTLEMENTS DUE THE CITY OF LYNDHURST AND DECLARING AN EMERGENCY.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
ORDINANCE NO. 2010-30
INTRODUCED BY: Councilman Schlessel
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
November 1, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, November 1, 2010, at 8:03 P.M., Vice Mayor Joseph A. Marko presiding.
 
Members Present: Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Clerk of Council; L. Puskas, Building Inspector; D. St. John, Acting Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
Absent: T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that reading of the minutes of the Regular Meeting of Council held Monday, October 18, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero had no report. He thanked Council for their expressions of sympathy on the passing of his father-in-law.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE -Chairman Frey had no report.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
SOUTH EUCLID LYNDHURST BOARD OF EDUCATION - Mr. Kent had no report. Mr. Gambatese indicated that residents were pleased with the work done at the Bolton School property and Mr. Kent said he was also pleased with the outcome.
 
The meeting was opened to public comment:
 
E. Dale Inkley, 5126 E. Farnhurst, addressed Council relative to charging insurance companies for extra curricular activities in the City's safety forces. He asked why it is necessary that he is threatened with a tax increase, as the system is working now. He feels the process is funded currently by taxes and that this is a step towards regionalism. Mr. Inkley asked how it is determined when one would be charged for the services; would it be when it is outside of Lyndhurst or inside of Lyndhurst. He said the City is liable to find itself sharing the proceeds with the union workers who are assigned to these activities, because of an easily identified extra curricular point of activity. He said usually people want extra pay for extra duty. Mr. Inkley asked if additional personnel would be called in when there is an emergency to cover the vacancy that exists. He asked how an insurance check which would be received three months later, would help cover the situation as it exists today. Mr. Inkley said if Council is genuinely interested in not raising taxes, he thought construction of the splash park at Brainard Park should be stopped. He felt that that was a totally discretionary expenditure, and could be put off until times are better. He indicated that part of the reason that Brainard pool was closed was because residents in that area did not utilize or support that pool. He said the job of the City of Lyndhurst is safety, welfare and health of its citizens, and that that should not be the responsibility of the insurance companies.
 
Mayor Cicero responded that while he appreciates Mr. Inkley's civic responsiveness and opinions, he felt that 90% of what was said this evening was untrue. The Mayor said he was not sure where Mr. Inkley received his information, and indicated that the issue of insurance billing had been approved at the last meeting by passage of Ordinance No. 2010-53. With regard to the closing of Brainard Pool, the Mayor felt that Mr. Inkley had no background as to why the pool was closed. He said it was because of finances and had nothing to do with the number of residents in attendance at the pool. Mayor Cicero said he appreciates Mr. Inkley's comments, but hoped they would be based on actual fact. He told Mr. Inkley that he could obtain facts by requesting information from him.
 
Mr. Inkley said he appreciated the Mayor's guidance and said his facts on the pool were gained from the last report when both pools were open. The Mayor again stated that the closing of Brainard Pool had nothing to do with residents not supporting it, and everything to do with finances. The Mayor said he would meet with Mr. Inkley as long as his concerns were of substance.
 
In response to Mr. Inkley's concerns regarding billing of insurance companies, Mr. Ward indicated that the process begins with the incident report; when the negligent party is identified. He stated that the City has a track record with this type of process since we are charging the medical insurance companies for emergency squad services. He said that no Lyndhurst resident had ever received a bill for out of pocket expense, but their insurance companies had been billed. In addition, he stated that if the bill is not paid or is underpaid, the resident would not see a bill. He said this is facilitated by federal law and that prior to the law being in effect, the City would not entertain billing for that service. With regard to what is and what is not billable, Mr. Ward said the Police Department would work with the Finance Department and the criteria would be set with the billing company. He reiterated that every insurance company for every negligent party would be billed. Mr. Ward said employees recognize the value, cost of equipment, and continual training which all residents benefit from.
 
Mr. Marko took exception to Mr. Inkley's remark about extra curricular activities and said he did not feel responding to a medical emergency or accident would be considered extra curricular; that that is the job of the police and fire department employees.
 
ORDINANCE NO. 2010-67
INTRODUCED BY: ADMINISTRATION
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2010, REPEALING ORDINANCE NO. 2010-58, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward , that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-67 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-67 was highlighted by Mrs. Borton, with Section 10 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-67 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-67 is passed.
 
RESOLUTION NO. 2010-68
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-14-106 TO BE A CONTINUED NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED CONTRACT FOR THE ADDITIONAL WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-68 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-68 was highlighted by Mrs. Borton, with Section 9 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No. 2010-68 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-68 is adopted.
 
ORDINANCE NO. 2010-69
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING A CONTRACT WITH THE CUYAHOGA COUNTY GENERAL HEALTH DISTRICT FOR THE PUBLIC HEALTH SERVICES TO BE RENDERED DURING THE YEAR 2011, AUTHORIZING THE AUDITOR TO CREDIT THE CONSIDERATION PAYABLE UNDER SAID CONTRACT AND TO DEDUCT EQUIVALENT SUMS FROM TAX SETTLEMENTS DUE THE CITY OF LYNDHURST AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-69 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-69 was highlighted by Mrs. Borton, with Section 5 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-69 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-69 is passed.
 
It was moved by Mr. Frey, seconded by Mr. Ward, that pursuant to O.R.C. 121.22 (G) (3), Council convene in Executive Session (closed to the public) to discuss pending and imminent litigation.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, LoPresti, Ward, Marko
Nays: None.
 
Motion carried.
Council recessed to Executive Session at 8:20 P.M.
Council convened in Executive Session at 8:24 P.M.
 
It was moved by Mr. Frey, seconded by Mr. Ward, that the Executive Session of Council recess and Council reconvene in Regular Session.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, LoPresti, Ward, Marko.
Nays: None.
 
Motion carried.
Council reconvened in Regular Session at 8:39 P.M.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:39 P.M.

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 Meetings Convened in October 2010:

October 18, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, October 18, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; D. St. John, Acting Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Special Meeting of Council held Monday, October 4, 2010.
 
Approve Minutes of the Regular Meeting of Council held Monday, October 4, 2010.
 
Approval of Council's appointee to the Legacy Village Lyndhurst Community Fund of the Cleveland Foundation.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
Requests for additions to the Agenda:
 
Public Comment:
 
THIRD READING:
ORDINANCE NO. 2010-53
INTRODUCED BY: ADMIN
 
AN ORDINANCE ENACTING SECTION 139.02 OF THE CODIFIED ORDINANCES OF THE CITY TO ESTABLISH A PROCEDURE FOR BILLING TO RECOUP THE COST OF EMERGENCY SAFETY SERVICES RENDERED BY THE CITY AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-61
INTRODUCED BY: ADMIN
 
A RESOLUTION REQUESTING THE COUNTY AUDITOR TO ADVANCE TAXES FROM THE PROCEEDS OF TAX LEVIES PURSUANT TO OHIO REVISED CODE SECTION 321.34.
 
ORDINANCE NO. 2010-62
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH LONGO SEWER CONSTRUCTION CO. FOR THE 2009 SEWER REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-63
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH LONGO SEWER CONSTRUCTION CO. FOR THE 2009 SEWER REPAIR PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-64
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-65
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-66
INTRODUCED BY: ADMIN AND ALL MEMBERS OF COUNCIL
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO GERALD M. TELZROW FOR HIS LONG AND FAITHFUL FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, CUYAHOGA COUNTY, OHIO AS A MEMBER OF THE FIRE DEPARTMENT.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
ORDINANCE NO. 2010-30
INTRODUCED BY: Councilman Schlessel
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
October 18, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, October 18, 2010, at 8:03 P.M., Vice Mayor Joseph A. Marko presiding.
 
Members Present:
Council Representatives D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; D. St. John, Acting Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
Absent: J. M. Cicero, Jr., Mayor; M. A. Kovalchik, Clerk of Council; T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that reading of the minutes of the Special Meeting of Council held Monday, October 4, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of Council held Monday, October 4, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that the appointment of Arlene Schreiber as Council's representative to the Legacy Village Lyndhurst Community Fund of the Cleveland Foundation be approved.
 
Mr. Ward indicated that information regarding Mrs. Schreiber had been distributed to Members of Council and that she would be a great asset to the Legacy Village Foundation.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - In Mayor Cicero's absence, there was no report.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE -Chairman Frey had no report. Mr. Frey informed Council that he had discussed the Spray Ground at Brainard Park with the Service Director and City Engineer and indicated that specifications are currently being worked on, that bidding would begin in early November, with the bid opening on December 3rd. He anticipated that the contract would be awarded at the December 6th meeting, that construction would begin in late March or early April, and that the park would open the second week of June.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
The meeting was opened to public comment:
 
E. Dale Inkley, 5126 E. Farnhurst, raised several questions with regard to Ordinance No. 2010-53 which would allow the City to establish a procedure for billing to recoup the cost of emergency safety services rendered by the City. In response to those questions Mr. Ward stated the incident report generated by the Police Department starts the process and the process would not be initiated until the guilty party is determined. He said the city would control the process and the reports would not be sent through for billing until the guilty party is absolutely determined. He stated that all personnel and equipment that responds to that scene would be billed for. He indicated that duty personnel are here to provide core services to the residents and they do respond to motor vehicle accidents. Mr. Ward said there would not be a threshold for billing to begin; it would be through the incident report and could be looked at with the providing party. He stated that this legislation starts the program, but the contract the City enters into with the provider would spell out the specific desires of the City. He said the insurance company for every at-fault party would be invoiced, but that the residents of the community, as provided by federal law, would not incur any out-of-pocket expense.
 
Mr. Inkley asked what would happen if a non-resident's insurance refused to pay or the policy did not provide for coverage. Mr. Ward said the non-resident would receive a bill. He said approximately 56% of insurance carriers recognize this service and almost all insurance companies recognize the value of a response that a community provides to an incident scene as a mitigating factor to hold down liability. He said the community's response to a motor vehicle accident is not limited to the on-street personnel, and said it includes services provided by in-house personnel as well. He pointed out that while personnel are investigating or responding to a motor vehicle accident, service to residents is limited for that period of time. Mr. Ward said that rather than placing a police or fire levy on the ballot, raising income taxes, eliminating credits, etc. looking at making an "at fault" party responsible is one way of addressing the City's need to cover these costs. Mr. Ward also stated that there had been a lot of investigation done on this matter and that he spoke with the City's insurance provider today who indicated there is no proof that this would raise insurance rates and that the increase in cost borne by insurance carriers in paying this added expense would not be enough for the state insurance board to consider it as a rating factor.
 
THIRD READING:
ORDINANCE NO. 2010-53
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE ENACTING SECTION 139.02 OF THE CODIFIED ORDINANCES OF THE CITY TO ESTABLISH A PROCEDURE FOR BILLING TO RECOUP THE COST OF EMERGENCY SAFETY SERVICES RENDERED BY THE CITY AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-53 be passed.
 
Mr. Ward clarified that no Lyndhurst resident would realize any out of pocket cost if this ordinance is passed. He stated that once the ordinance is passed, there would be separate negotiations with the provider, which is an offshoot of the provider we already have a relationship with for the medical billing, which has worked very well. He spoke about the EMS billing and how it evolved. Mr. Ward said we are not the first community to do this and that we do have a track record with the EMS billing process.
 
Mr. Gambatese asked if it would be appropriate to state on the ordinance that there would be no out of pocket expense for Lyndhurst residents. Mr. Ward indicated that the ordinance would not be the place to do that; it would be addressed in the contract with the provider. Mr. Murphy agreed and stated that the ordinance is the enabling legislation to set up the program.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Frey.
 
Motion carried.
Ordinance No. 2010-53 is passed.
 
RESOLUTION NO. 2010-61
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION REQUESTING THE COUNTY AUDITOR TO ADVANCE TAXES FROM THE PROCEEDS OF TAX LEVIES PURSUANT TO OHIO REVISED CODE SECTION 321.34.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-61 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-61 was highlighted by Mrs. Borton, with Section4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that Resolution No. 2010-61 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-61 is adopted.
 
ORDINANCE NO. 2010-62
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH LONGO SEWER CONSTRUCTION CO. FOR THE 2009 SEWER REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-62 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-62 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No.2010-62 be passed.
 
In answer to Mr. Frey's question, Mr. Glady explained that a house on Irene Road had a sewer break in the lateral and the house had no sanitary sewer. It was decided that the repair would be made under the rates provided by this contract.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-62 is passed.
 
ORDINANCE NO. 2010-63
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH LONGO SEWER CONSTRUCTION CO. FOR THE 2009 SEWER REPAIR PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-63 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-63 was highlighted by Mrs. Borton, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2010-63 be passed.
 
In answer to Mr. Frey's question, Mr. Glady, explained that there were pipe size differences in work being done to eliminate the sanitary sewer overflow. He stated that some of the excavation resulted in pipe sizes that were different than originally thought, thus causing a difference in pricing for replacement.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-63 is passed.
 
ORDINANCE NO. 2010-64
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-64 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-64 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-64 be passed.
 
Mr. Glady reported that there was a cost difference in the concrete repaired on Cedar Road because of the increase from 7 inches to 9 inches in some areas.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-64 is passed.
 
ORDINANCE NO. 2010-65
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-65 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-65 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2010-65 be passed.
 
Mr. Glady explained that the sub-contractor needed to mobilize steel plates on Cedar Road to facilitate the flow of traffic. He noted that the contract is still under the budgeted amount.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
 
Nays: None.
 
Motion carried.
Ordinance No. 2010-65 is passed.
 
RESOLUTION NO. 2010-66
INTRODUCED BY: ADMINISTRATION AND ALL MEMBERS OF COUNCIL
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO GERALD M. TELZROW FOR HIS LONG AND FAITHFUL SERVICE FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, CUYAHOGA COUNTY, OHIO AS A MEMBER OF THE FIRE DEPARTMENT.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-66 be placed on second and third reading for final passage and that it be read in its entirety.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-66 was read in its entirety by Mrs. Borton.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that Resolution No. 2010-66 be adopted and that it be shown as having been introduced by the Administration and all Members of Council.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-66 is adopted
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:35 P.M.

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October 4, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, October 4, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, September 20, 2010.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
THIRD READING:
ORDINANCE NO. 2010-47
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING THE CODIFIED ORDINANCES OF THE CITY TO ADD NEW CHAPTER 1331 TITLED FLOOD DAMAGE REDUCTION AND REPEALING EXISTING CHAPTER 1331.
 
SECOND READING:
ORDINANCE NO. 2010-53
INTRODUCED BY: ADMIN
 
AN ORDINANCE ENACTING SECTION 139.02 OF THE CODIFIED ORDINANCES OF THE CITY TO ESTABLISH A PROCEDURE FOR BILLING TO RECOUP THE COST OF EMERGENCY SAFETY SERVICES RENDERED BY THE CITY AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-58
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2010, REPEALING ORDINANCE NO. 2010-44 AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-59
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-14-106 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-60
INTRODUCED BY: ADMIN
 
A RESOLUTION PROVIDING FOR HALLOWEEN OBSERVANCE UPON THE STREETS AND OUT-OF-DOORS FOR OCTOBER 31, 2010, BETWEEN THE HOURS OF 6:00 P.M. AND 8:00 P.M.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
ORDINANCE NO. 2010-30
INTRODUCED BY: Councilman Schlessel
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
October 4, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, October 4, 2010, at 8:10 P.M., Vice Mayor Joseph A. Marko presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; D. St. John, Captain of Fire; L. Puskas, Building Inspector; J. C. Borton, Assistant Clerk of Council.
 
Absent: T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that reading of the minutes of the Regular Meeting of Council held Monday, September 20, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero reported that the Police Department, in conjunction with the South Euclid-Lyndhurst School District, had applied for and received a COPS Grant in the amount of $28,960.00 for Secure our Schools. The grant has a fund matching request which will be provided by the schools and the City acts as a co-grantor. The Mayor congratulated the schools and Chief Porrello and his staff for working diligently to obtain the money. He indicated the money would be used to provide digital cameras throughout the school areas and parking lots to help deter any type of mischief. He indicated that he appreciates Council's support in this matter.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE -Chairman Frey had no report.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti reported on the meeting of the Safety Committee held earlier this evening. A copy of said report will be forthcoming and made a part of the permanent record.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report.
 
PLANNING COMMISSION - Mr. Schlessel had no report. He noted that the Planning Commission had been cancelled.
 
SOUTH EUCLID LYNDHURST BOARD OF EDUCATION - Mr. Marko indicated there was no report.
 
The meeting was opened to public comment:
 
Elizabeth DeGiovanni, 5169 Thornbury, wondered if the Reverse 911 system was up and running since she did receive notification of the Council Coffee to be held October 16th. The Mayor said the system is working and was pleased that the upgrades were also working.
 
Mrs. DeGiovanni requested explanation of what constitutes "emergency safety service". Mr. Ward responded that that would include an accident at which the Police and Fire Departments respond, including technical rescue or whenever special rescue services are called into play. He stated that reimbursement for this service would come from the insurance company. He explained the incident that occurred in Mayfield Heights recently and noted that there were several emergency responders involved in clearing that accident.
 
In addition, Mrs. DeGiovanni asked if the nuisances that were approved for abatement several weeks ago had been taken care of. Mayor Cicero said that some of the work had been completed on those homes and that adoption of Resolution No. 2010-59 gives the Building Department permission to begin work on that property.
 
Mr. Ward reminded everyone that the Council Coffee would be held on Saturday, October 16th from 9:00 A.M. until 12:00 Noon, with a City Expo by city departments and the Board of Education. He said candidates for the Cuyahoga County Executive and District 11 positions were also invited to briefly address residents. Mr. Ward said the Community Shredding Day would also be held on that day from 11:00 A.M. until 3:00 P.M. in the Community Center Parking Lot. He stated that he had received responses from a few of the candidates.
 
THIRD READING:
ORDINANCE NO. 2010-47
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING THE CODIFIED ORDINANCES OF THE CITY TO ADD NEW CHAPTER 1331 TITLED FLOOD DAMAGE REDUCTION AND REPEALING EXISTING CHAPTER 1331.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel , that Ordinance No. 2010-47 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-47 is passed.
 
SECOND READING:
ORDINANCE NO. 2010-53
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE ENACTING SECTION 139.02 OF THE CODIFIED ORDINANCES OF THE CITY TO ESTABLISH A PROCEDURE FOR BILLING TO RECOUP THE COST OF EMERGENCY SAFETY SERVICES RENDERED BY THE CITY AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-53 be placed on second reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-53 is placed on second reading.
 
ORDINANCE NO. 2010-58
INTRODUCED BY: ADMINISTRATION
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2010, REPEALING ORDINANCE NO. 2010-44 AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-58 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-58 was highlighted by Mrs. Borton, with Section 10 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-58 be passed.
 
Mr. Ward said there was no change in the appropriations; money was shifted around because of recycling. He said we are spending less on rubbish removal and more on the recycling side which is saving the City money.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-58 is passed.
 
RESOLUTION NO. 2010-59
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-14-106 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-59 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-59 was highlighted by Mrs. Borton, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Resolution No. 2010-59 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-59 is adopted.
 
RESOLUTION NO. 2010-60
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION PROVIDING FOR HALLOWEEN OBSERVANCE UPON THE STREETS AND OUT-OF-DOORS FOR OCTOBER 31, 2010, BETWEEN THE HOURS OF 6:00 P.M. AND 8:00 P.M.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-60 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-60 was highlighted by Mrs. Borton, with Section 2 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Resolution No.2010-60 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-60 is adopted.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:27P.M.

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 Meetings Convened in September 2010:

September 20, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, September 20, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Tuesday, September 7, 2010.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING:
ORDINANCE NO. 2010-47
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING THE CODIFIED ORDINANCES OF THE CITY TO ADD NEW CHAPTER 1331 TITLED FLOOD DAMAGE REDUCTION AND REPEALING EXISTING CHAPTER 1331.
 
RESOLUTION NO. 2010-52
INTRODUCED BY: ADMIN
 
A RESOLUTION ACCEPTING THE AMOUNT AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR.
 
ORDINANCE NO. 2010-53
INTRODUCED BY: ADMIN
 
AN ORDINANCE ENACTING SECTION 139.02 OF THE CODIFIED ORDINANCES OF THE CITY TO ESTABLISH A PROCEDURE FOR BILLING TO RECOUP THE COST OF EMERGENCY SAFETY SERVICES RENDERED BY THE CITY AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-54
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KIMBLE TRANSFER & RECYCLING FOR THE PROVIDION OF RECYCLING PROCESSING SERVICES AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-55
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH INDEPENDENCE EXCAVATING, INC. FOR THE DEMOLITION OF BRAINARD PARK POOL AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-56
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-57
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE CITY ENGINEER TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS AS REQUIRED AND DECLARING AND EMERGENCY.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
ORDINANCE NO. 2010-30
INTRODUCED BY: Councilman Schlessel
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
September 20, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, September 20, 2010, at 8:04 P.M., Vice Mayor Joseph A. Marko presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; D. Isaac, Captain of Fire; J. C. Borton, Assistant Clerk of Council.
 
Absent: M. A. Kovalchik, Clerk of Council; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that reading of the minutes of the Regular Meeting of Council held Tuesday, September 7, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed, with Mr. Schlessel and Mr. Marko abstaining.
 
MAYOR'S REPORT - Mayor Cicero recommended that Ordinance No. 2010-53 be placed on first reading this evening and referred to Safety Committee for further discussion. He stated that he and Mrs. Kovalchik had been discussing the possibility of recouping cost for emergency services from insurance companies and felt it would be a good idea to have discussion regarding the matter with Members of Council.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE -Chairman Frey reported on the meeting of the Public Lands & Buildings Committee held earlier this evening. A copy of said report is forthcoming and will be made a part of the permanent record.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward reported on the meeting of the Legislative Committee held prior to this evening's meeting of Council. A copy of said report is forthcoming and will be made a part of the permanent record.
 
PLANNING COMMISSION - Mr. Schlessel had no report. He noted that the Planning Commission would be meeting on Thursday, September 23rd at 7:30 P.M. to discuss the proposed cell tower.
 
The meeting was opened to public comment:
 
Richard Clark, 5347 Chickadee Lane, said his grandson pronounced Home Days a very great success and said it was a nice affair.
 
Mr. Ward announced that the annual Council Coffee had been scheduled for Saturday, October 16th from 9:00 A.M. until 12:00 Noon at the Community Center. He said there would also be a City Expo that day with City departments providing information to residents. In addition, the third community Shredding Day will be held on the same day from 11:30 A.M. until 3:30 P.M. in the Community Center parking lot. Mr. Ward also stated that an invitation had been sent to the candidates for the County Executive and County Council District 11. He said he received a response from Kathy Gambatese from Richmond Heights and was waiting to hear from the others. He thought it would be valuable for residents to meet the candidates. Mr. Schlessel suggested that a call be made to all residents informing them of the chance to meet candidates prior to mailing in absentee ballots. Mr. Ward also indicated that the announcement would be sent via the City's electronic newsletter as well as the annual leaf letter that is sent to all residents.
 
Mayor Cicero thanked everyone who served on the Home Days Committee for a fine Home Days, especially Councilmen Frey, Ward and Vice Mayor Marko, who served as Chairman. He said he appreciates the hard work that goes into the event.
 
Vice Mayor Marko thanked all of the administration and the Police Department for their hard work during Home Days and stated that the Friday night dance was a success with no incidents. He thanked the Service Department and stated that he appreciated the work done by members of that department as well. Mr. Marko said the event was a success in spite of the rain on Saturday evening.
 
Mr. Marko announced that the Hillcrest Council of Councils meeting will be held on October 2nd at Landerhaven. He said the topic is "The Future of our County" with guest speakers being candidates for County Executive. Mr. Ward added that attendance would be worthwhile given the topic for discussion.
 
SECOND READING:
ORDINANCE NO. 2010-47
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING THE CODIFIED ORDINANCES OF THE CITY TO ADD NEW CHAPTER 1331 TITLED FLOOD DAMAGE REDUCTION AND REPEALING EXISTING CHAPTER 1331.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that Ordinance No. 2010-47 be placed on second reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-47 is placed on second reading.
 
RESOLUTION NO. 2010-52
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION ACCEPTING THE AMOUNT AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-52 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-52 was highlighted by Mrs. Borton, with Section 5 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No. 2010-52 be adopted.
 
Mr. Ward stated that adoption of this Resolution is in conjunction with the Tax Budget which was passed in July.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-52 is adopted.
 
ORDINANCE NO. 2010-53
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE ENACTING SECTION 139.02 OF THE CODIFIED ORDINANCES OF THE CITY TO ESTABLISH A PROCEDURE FOR BILLING TO RECOUP THE COST OF EMERGENCY SAFETY SERVICES RENDERED BY THE CITY AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-53 be placed on first reading and that it be referred to the Safety Committee.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-53 is placed on first reading.
 
ORDINANCE NO. 2010-54
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KIMBLE TRANSFER & RECYCLING FOR THE PROVISION OF RECYCLING PROCESSING SERVICES AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-54 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-54 was highlighted by Mrs. Borton, with Section 5 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-54 be passed.
 
Mr. Ward thanked Mr. Glady for his hard work and for taking a leadership role in this effort.
 
In answer to Mr. Frey's question, Mr. Glady responded that the City would continue doing single stream recycling and that now we would receive revenue instead of paying to dump recyclables. He added that there would be zero tip fees for the next five years. He hoped more residents would recycle, which would save tax dollars.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-54 is passed.
 
ORDINANCE NO. 2010-55
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH INDEPENDENCE EXCAVATING, INC. FOR THE DEMOLITION OF BRAINARD PARK POOL AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-55 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-55 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-55 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-55 is passed.
 
ORDINANCE NO. 2010-56
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-56 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-56 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-56 be passed.
 
In answer to Mr. Frey's question, Mr. Glady explained the extra work that was not required by the plans and specifications.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-56 is passed.
 
RESOLUTION NO. 2010-57
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE CITY ENGINEER TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS AS REQUIRED AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-57 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-57 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No. 2010-57 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-57 is adopted.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:30 P.M.

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September 7, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Tuesday, September 7, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Special Meeting of Council held Monday, August 2, 2010.
 
Approve Minutes of the Regular Meeting of Council held Monday, August 2, 2010.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID – LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
THIRD READING:
ORDINANCE NO. 2010-30
INTRODUCED BY: Councilman Schlessel
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-44
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2010, REPEALING ORDINANCE NO. 2010-11 AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-45
INTRODUCED BY: ADMIN
 
AN ORDINANCE DETERMINING THE PORTIONS OF THE SANITARY SEWER ASSESSMENT TO BE ALLOCATED TO EACH SEWER FUND FOR THE TAX YEAR 2010, IN ACCORDANCE WITH SECTION 952.02(b) OF THE CODIFIED ORDINANCES.
 
ORDINANCE NO. 2010-46
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AGREEMENTS AND CONTRACTS WITH VARIOUS INSURANCE CARRIERS RECOMMENDED BY JACKSON, DIEKEN & ASSOCIATES, INC., TO PROVIDE THE NEEDED INSURANCE COVERAGE REQUIRED BY THE CITY OF LYNDHURST AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-47
INTRODUCED BY:ADMIN
 
AN ORDINANCE AMENDING THE CODIFIED ORDINANCES OF THE CITY TO ADD NEW CHAPTER 1331 TITLED FLOOD DAMAGE REDUCTION AND REPEALING EXISTING CHAPTER 1331.
 
RESOLUTION NO. 2010-48
INTRODUCED BY: ADMN
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A GROUND SITE LEASE AGREEMENT WITH CLEAR WIRELESS LLC TO PERMIT A CELL PHONE ANTENNA AND APURTENANCES TO BE INSTALLED UPON THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-08-004, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-49
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE NORTHEAST OHIO AREA COORDINATING AGENCY FOR A GRANT FROM THE FEDERAL HIGHWAY ADMINISTRATION AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-50
INTRODUCED BY: ADMIN
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO JOSEPH SWEENEY FOR SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF LYNDHURST, OHIO AS A MEMBER OF THE CIVIL SERVICE COMMISSION.
 
ORDINANCE NO. 2010-51
INTRODUCED BY: COUNCILMAN WARD
 
AN ORDINANCE PARTIALLY SUSPENDING THE RULES AND REGULATIONS REGARDING THE SALE, POSSESSION AND CONSUMPTION OF BEER AND WINE AT THE LYNDHURST PARK DURING LYNDHURST HOME DAYS FOR 2010 AND DECLARING AN EMERGENCY.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
September 7, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Tuesday, September 7, 2010, at 8:07 P.M., Vice Mayor Joseph A. Marko presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Clerk of Council; D. St. John, Captain of Fire.
 
Absent: T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that reading of the minutes of the Special Meeting of Council held Monday August 2, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed, with Mr. Schlessel and Mr. Marko abstaining.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of Council held Monday, August 2, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed, with Mr. Schlessel and Mr. Marko abstaining.
 
MAYOR'S REPORT - Mayor Cicero introduced Eric Bergsman, President of the Hillcrest 100, who addressed Council relative to the charity event hosted by the Gates Mills Club where the Hillcrest 100 was the recipient of all monies raised. The Gates Mills Club asked that the funds be given back to the canine officers and their handlers, as the owners of the Gates Mills Club strongly endorse the continuing training of these unique First Responders. Mr. Bergsman thanked Chief Porrello, Lt. Rhode, Sgt. DeBow and Officer Traci for the generous donation of their time to make the event possible. Mr. Bergsman gave a brief history of the Hillcrest 100, noting that since its inception in 2005 close to $20,000 was donated to needy First Responders in the Hillcrest communities. He encouraged membership in the Hillcrest 100 and distributed applications to all Members of Council.
 
Councilman LoPresti, who is also a Trustee and lifetime member of the Hillcrest 100 presented a check for $650 and a piece of specialized training equipment to Officer Traci and Officer Sully. Mayor Cicero thanked the Hillcrest 100 on behalf of the City and Council for their contribution and for helping out our canine unit.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE -Chairman Frey had no report. He announced that there would be a meeting of the Public Lands & Buildings Committee held on Monday, September 20th at 7:00 P.M. to discuss pool operations for the past season. He added that Brainard Pool had been filled in, in preparation for construction of the spray park which should begin next year.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward reported on the meeting of the Legislative Committee held prior to this evening's meeting of Council. A copy of said report is part of the permanent record. He announced that there would be a meeting of the Legislative Committee held prior to the next meeting of Council on September 20th at 6:30 P.M. to continue discussion regarding Ordinance No. 2010-30.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
SOUTH EUCLID LYNDHURST BOARD OF EDUCATION - Stefanie Rhine, 5165 Kneale Drive, Vice President of the School Board, addressed Council relative to some issues facing the Board. She said that the Board is working with a new contractor on the Bolton and Lowden Schools demolition and that work is progressing. Mr. Gambatese said he saw some progress on the work that was being done and hoped that all commitments that were made are followed through. Mrs. Rhine noted that drainage was a high priority at both schools and the Board is making sure that the problem is being resolved. Discussion continued.
 
Mrs. Rhine said the start of the school season went very smoothly and thanked the Police Department for helping students and parents get re-acclimated to the morning routine. She encouraged Council to view the District's newly formatted website and requested feedback.
 
Mrs. Rhine announced that a $20,000 grant was received for the library at Memorial Junior High and that a ceremony would be held on September 21st. All were invited to attend. Educational Jobs fund money in the amount of approximately $300,000 would be received by South Euclid and would be used to help students. She said the Board was disappointed in the current test results and indicated that the staff is working hard to encourage students to do better. She said some of that money, along with money from Race to the Top, would go toward implementing programming to help at all of the schools. She said the Board continues to look for programs and funding to aid the students.
 
Mr. Ward commended the new Transportation Director for his responsiveness to residents. He added that he received only one phone call and that the problem had already been taken care of.
 
Mrs. Borton requested that correspondence from the Ohio Division of Liquor Control be added to the agenda.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that the agenda be amended to add correspondence from the Ohio Division of Liquor Control.
 
The question was put to a voice vote and passed unanimously.
 
The meeting was opened to public comment: There were no comments from the public.
 
Vice Mayor Marko announced that the annual Home Days celebration would be held this coming weekend and encouraged everyone's attendance. He hoped for good weather.
 
THIRD READING:
ORDINANCE NO. 2010-30
INTRODUCED BY: COUNCILMAN SCHLESSEL
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel , that Ordinance No. 2010-30 be tabled.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti.
Nays: Marko.
 
Motion carried.
Ordinance No. 2010-30 is tabled.
 
ORDINANCE NO. 2010-44
INTRODUCED BY: ADMINISTRATION
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2010, REPEALING ORDINANCE NO. 2010-11, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-44 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-44 was highlighted by Mrs. Borton, with Section 10 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-44 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-44 is passed.
 
ORDINANCE NO. 2010-45
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE DETERMINING THE PORTIONS OF THE SANITARY SEWER ASSESSMENT TO BE ALLOCATED TO EACH SEWER FUND FOR THE TAX YEAR 2010, IN ACCORDANCE WITH SECTION 925.02(b) OF THE CODIFIED ORDINANCES.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-45 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-45 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-44 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-45 is passed.
 
ORDINANCE NO. 2010-46
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AGREEMENTS AND CONTRACTS WITH VARIOUS INSURANCE CARRIERS RECOMMENDED BY JACKSON, DIEKEN & ASSOCIATES, INC., TO PROVIDE THE NEEDED INSURANCE COVERAGE REQUIRED BY THE CITY OF LYNDHURST AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-46 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-46 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-46 be passed.
 
Mr. Ward pointed out that the amount of $111,930 is less than what was paid for last year's coverage and felt Jackson, Dieken is doing a good job. In addition, he commended Mrs. Kovalchik for making sure they do a good job.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-46 is passed.
 
ORDINANCE NO. 2010-47
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING THE CODIFIED ORDINANCES OF THE CITY TO ADD NEW CHAPTER 1331 TITLED FLOOD DAMAGE REDUCTION AND REPEALING EXISTING CHAPTER 1331.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that Ordinance No. 2010-47 be placed on first reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-47 is placed on first reading.
 
RESOLUTION NO. 2010-48
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A GROUND SITE LEASE AGREEMENT WITH CLEAR WIRELESS LLC TO PERMIT A CELL PHONE ANTENNA AND APPURTENANCES TO BE INSTALLED UPON THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-08-004 AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-48 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, Marko.
Nays: Frey, LoPresti.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-48 was highlighted by Mrs. Borton, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2010-48 be adopted.
 
Mr. Ward said that adoption of this resolution authorizes the lease and that in order for any entity to appear before the Planning Commission, that entity must have standing with the property. He said that in order to proceed, this must go before the Planning Commission to see what the footprint might be and if there would be any problems with it. Mayor Cicero added that this is being done the proper way. He said it was up to the Planning Commission, Board of Zoning Appeals and finally Council to give final approval.
 
Mr. Frey expressed concern that the matter was not discussed in Committee before it appeared on the agenda this evening. Mr. Murphy said he had received a request that it be placed on the agenda, and pointed out that it could be referred to Committee. He added that the lease is being presented to Council at the request of the tower purveyors. Mr. Murphy stated that Council could table the legislation, place it on first reading, refer it to committee or vote it down. He explained that if the legislation is adopted this evening, it is a prerequisite to it being considered by the Planning Commission. Mr. Murphy explained that the City's ordinances require the property owner to agree to the lease in order to be considered by the Planning Commission, noting that the City is the owner of the property. Mr. Ward indicated that Council has the final word on all Planning Commission recommendations. Mr. Frey asked what would happen to the lease agreement if the Planning Commission or Council elects that this is not something that would work in that area. Mr. Ward responded that the agreement would become null and void because the installation could not occur.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, Marko.
Nays: Frey, LoPresti.
 
Motion carried.
Resolution No. 2010-48 is adopted.
 
RESOLUTION NO. 2010-49
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE NORTHEAST OHIO AREA COORDINATING AGENCY FOR A GRANT FROM THE FEDERAL HIGHWAY ADMINISTRATION AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-49 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-49 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2010-49 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-49 is adopted.
 
RESOLUTION NO. 2010-50
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION EXPRESSING COMMENDATIONAND SINCERE APPRECIATION TO JOSEPH SWEENEY FOR SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF LYNDHURST, OHIO AS A MEMBER OF THE CIVIL SERVICE COMMISSION.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended, that Resolution No. 2010-50 be placed on second and third reading for final adoption and that it be read in its entirety.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-50 was read in its entirety by Mrs. Borton.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No. 2010-50 be adopted, with Mr. Ward requesting that it be shown as having been introduced by Mayor Cicero and All Members of Council.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-50 is adopted.
 
ORDINANCE NO. 2010-51
INTRODUCED BY: COUNCLMAN WARD
 
AN ORDINANCE PARTIALLY SUSPENDING THE RULES AND REGULATIONS REGARDING THE SALE, POSSESSION AND CONSUMPTION OF BEER AND WINE AT THE LYNDHURST PARK DURING LYNDHURST HOME DAYS FOR 2010 AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-51 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-51 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-51 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-51 is passed.
 
Correspondence from the Ohio Division of Liquor Control for new C2 Liquor Permit for Chocolate Pig, Inc. dba Fantasy Candies Chocolate Factory, 5456 Mayfield Road, Lyndhurst, Ohio was noted with no hearing requested.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:43 P.M.

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 Meetings Convened in August 2010:

August 2, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, August 2, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Tuesday, July 6, 2010.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING:
ORDINANCE NO. 2010-30
INTRODUCED BY: Councilman Schlessel
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
SECOND READING:
ORDINANCE NO. 2010-31
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-35
INTRODUCED BY: ADMIN
 
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $650,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING THE CITY'S PARKS AND RECREATION FACILITIES BY CONSTRUCTING, INSTALLING AND OTHERWISE IMPROVING A NEW WATER AMENITY CONSISTING OF A SPRAY PARK AND RELATED RECREATIONAL FACILITIES, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-36
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING PARTICIPATION IN THE OHIO ASSOCIATION OF PUBLIC TREASURERS WORKERS COMPENSATION GROUP RATING PROGRAM, AUTHORIZING AN AGREEMENT WITH CARE WORKS CONSULT-ANTS, INC. AS PART OF PARTICIPATION IN SUCH PROGRAM, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-37
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE NORTHEAST OHIO AREA COORDINATING AGENCY FOR A GRANT FROM THE FEDERAL HIGHWAY ADMINISTRATION.
 
RESOLUTION NO. 2010-38
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-16-060 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-39
INTRODUCED BY: ADMIN
 
RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-23-061 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-40
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 713-15-043 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
RESOLUITON NO. 2010-41
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-09-030 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-42
INTRODUCED BY: ADMIN
 
A RESOLUITON DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-16-035 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2010-03
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2010-03 to GRANT requested variance to David Gustwiller of 1384 Brainard Road, from Chapter 1323.03 of the Building and Housing Code to allow a driveway widening addition to encroach a full eighteen (18") inches into the required eighteen (18") inch side yard setback.
 
CASE NO. 2010-04
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2010-04 to GRANT requested variance to Mr. & Mrs. Ronald Boals of 1392 Croyden Road who are seeking a variance from the front yard setback requirements as defined in Chapter 1160.05 (a) to construct a deck that will encroach eleven (11') feet into the fifty (50') foot front setback as defined for Croyden Road, with conditions.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
August 2, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, August 2, 2010 at 8:07 P.M., Acting Vice Mayor Patrick A. Ward presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Clerk of Council;
 
Absent:
Council Representatives: J. A. Marko, L. A. Schlessel; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese, that reading of the minutes of the Regular Meeting of Council held Tuesday, July 6, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero stated that this evening's agenda contains five resolutions pertaining to nuisance abatement. He clarified that this was a first step and that residents still have an opportunity to make necessary repairs. The Mayor encouraged passage of the resolutions. He further stated that Resolution No. 2010-37 deals with the submission of a grant to the Federal Highway Administration and NOACA for audible traffic signals. He said application had been denied two times in the past and said that Chief Porrello and Mr. Edelman are very persistent and asked for Council's favorable consideration of this resolution.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE -Chairman Frey had no report.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
It was requested that Resolution No. 2010-43 be added to the agenda.
 
It was moved by Mr. Gambatese, seconded by Mr. Fisher, that Resolution No. 2010-43 be added to the agenda.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
 
The meeting was opened to public comment.
 
Elizabeth DeGiovanni, 5169 Thornbury, said she was confused about an article that appeared in the Sun Messenger relative to signs advertising garage sales. She questioned the placement of signs and wondered why signs were permitted at locations other than private property, as stated in the rules governing garage sales. Mr. Ward responded that there had been some conversation relative to various types of signs, i.e. going out of business signs that appear on the right-of-way. He said residents who are having garage sales are required to register at City Hall and can be contacted if signs become a problem. Mr. Ward said Council would be reviewing the ordinance and the permitting process. Discussion continued regarding signs and the time frame for conducting garage sales with a limit of two per year. The Mayor said the City is using discretion with regard to signage and does limit sales to two per year.
 
Mrs. DeGiovanni said that she had attended the School Board meeting and it was announced that SELREC had returned $50,000 to the Board that was placed in the General Fund. She wondered if the City could recoup it $25,000. The Mayor said that the money that was returned was money that was set aside, that the School Board had advanced and assessed them for janitorial services, etc. He said that because of the agreement with the YMCA the money was not needed for the continual function of SELREC.
 
Dennis Gustafson, 4907 Westbourne, inquired about Ordinance No. 2010-30 which is on second reading this evening regarding prohibiting the use of a mobile communication device by an individual under the age of eighteen years of age, or by an individual without a valid driver's license. It was pointed out that the ordinance is on second reading and that it would be discussed in the Legislative Committee prior to the next meeting of Council. Mr. Gustafson suggested that there be no age limit. He added that rubbish collection is going very well and asked if those parking on the street caused an inconvenience when picking up rubbish. Mr. Glady responded that there were very few problems because the arm on the truck extends ten feet.
 
SECOND READING:
ORDINANCE NO. 2010-30
INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that Ordinance No. 2010-30 be placed on second reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-30 is placed on second reading.
 
SECOND READING:
ORDINANCE NO. 2010-31
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
Mr. Ward reported that he had spoken with the City Engineer who stated that there was no way to know where all the loops were located and the work involved would have required their replacement. He recommended moving forward with passage of the legislation this evening.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-31 be placed on third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-31 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Frey, seconded by Mr. LoPresti, that Ordinance No. 2010-31 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-31 is passed.
 
ORDINANCE NO. 2010-35
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $650,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING THE CITY'S PARKS AND RECREATION FACILITIES BY CONSTRUCTING, INSTALLING AND OTHERWISE IMPROVING A NEW WATER AMENITY CONSISTING OF A SPRAY PARK AND RELATED RECREATIONAL FACILITIES, AND DECLARING AN EMERGENCY.
 
It was noted that the Fiscal Officer's Certificate had been distributed to all Members of Council.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-35 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-35 was highlighted by Mrs. Borton, with Section 16 being read in its entirety.
 
It was moved by Mr. LoPresti, seconded by Mr. Fisher, that Ordinance No. 2010-35 be passed.
 
Mr. Gambatese asked if there had been any change in the original projection for funding this project. Mrs. Kovalchik responded that she had tested the debt service funds out to 2014 and that the timeline and property tax revenues are exceeding estimates. She reminded Council that her estimates are always conservative and that she anticipated the market to be favorable for selling the notes. She estimates the interest rate to be .80% for the sale.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2010-35 is passed.
 
ORDINANCE NO. 2010-36
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING PARTICIPATION IN THE OHIO ASSOCIATION OF PUBLIC TREASURERS WORKERS COMPENSATION GROUP RATING PROGRAM, AUTHORIZING AN AGREEMENT WITH CARE WORKS CONSULTANTS, INC. AS PART OF PARTICIPATION IN SUCH PROGRAM, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Frey, seconded by Mr. LoPresti, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-36 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-36 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that Ordinance No. 2010-36 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2010-36 is passed.
 
RESOLUTION NO. 2010-37
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE NORTHEAST OHIO AREA COORDINATING AGENCY FOR A GRANT FROM THE FEDERAL HIGHWAY ADMINISTRATION.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-37 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-37 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
 
It was moved by Mr. Gambatese, seconded by Mr. LoPresti, that Resolution No. 2010-37 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2010-37 is adopted.
 
RESOLUTION NO. 2010-38
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-16-060 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
Mr. Fisher asked if the residents of the homes had been apprised of the options available, such as low interest loans for rehabilitation of their houses, or if they had been given options to spread the cost over a period of time. Mr. Ward said he spoke with the Building Commissioner and had specific information on each property, but indicated that this had been a very long process. In addition, Mr. Ward said the Building Department wanted to have the action available in the event they had to hire a contractor while the weather is still good. It was hoped that the Building Department could work with the homeowners. Mr. Fisher was concerned that residents were accommodated based on their needs and ability to pay during the present economy.
 
Mayor Cicero said that each resident had over thirty days to respond to the City's request and that they had been approached at least three times. He indicated that none had responded. Mr. Ward pointed out that these nuisances could be dangerous situations and must be taken care of. The Mayor said it was important to maintain the vibrancy and viability of the community to make it desirable to new residents. He said he was very proud of the fact that Lyndhurst has less vacant homes than surrounding communities. The Mayor said that of the five homes on this evening's agenda, three are unoccupied and that the two that are occupied have not responded in any way. Discussion continued.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-38 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-38 was highlighted by Mrs. Borton, with Section 8 being read in its entirety.
 
It was moved by Mr. LoPresti, seconded by Mr. Frey, that Resolution No. 2010-38 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2010-38 is adopted.
 
RESOLUTION NO. 2010-39
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-23-061 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-39 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-39 was highlighted by Mrs. Borton, with Section 8 being read in its entirety.
 
It was moved by Mr. LoPresti, seconded by Mr. Frey, that Resolution No. 2010-39 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2010-39 is adopted.
 
RESOLUTION NO. 2010-40
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 713-15-043 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-40 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-40 was highlighted by Mrs. Borton, with Section 8 being read in its entirety.
 
It was moved by Mr. LoPresti, seconded by Mr. Frey, that Resolution No. 2010-40 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2010-40 is adopted.
 
RESOLUTION NO. 2010-41
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-09-030 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-41 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-41 was highlighted by Mrs. Borton, with Section 8 being read in its entirety.
 
It was moved by Mr. LoPresti, seconded by Mr. Frey, that Resolution No. 2010-41 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-41 is adopted.
 
RESOLUTION NO. 2010-42
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-16-035 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-42 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-42 was highlighted by Mrs. Borton, with Section 8 being read in its entirety.
 
It was moved by Mr. LoPresti, seconded by Mr. Frey, that Resolution No. 2010-42 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2010-42 is adopted.
 
RESOLUTION NO. 2010-43
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT AMENDMENT WITH QUALITY CONTROL INSPECTION, INC. FOR PROFESSIONAL CONSTRUCTION INSPECTION SERVICES DURING THE 2008 AND 2009 CONSTRUCTION SEASONS, TO EXTEND THAT CONTRACT TO AUGUST 31, 2010, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-43 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-43 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. LoPresti, seconded by Mr. Gambatese, that Resolution No. 2010-43 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2010-43 is adopted.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2010-03
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2010-03 to GRANT requested variance to David Gustwiller of 1384 Brainard Road, from Chapter 1323.03 of the Building and Housing Code to allow a driveway widening addition to encroach a full eighteen (18") inches into the required eighteen (18") inch side yard setback.
 
The Findings in Case No. 2010-03 as recorded in the minutes of the meeting of the Board of Zoning Appeals held July 12, 2010 were read by Mrs. Borton.
 
Mr. Frey said he was in attendance at the meeting and was very please with Mr. Gustwiller's presentation.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese, that the decision of the Board in Case No. 2010-03 be confirmed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
 
CASE NO. 2010-04
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2010-04 to GRANT requested variance to Mr. & Mrs. Ronald Boals of 1392 Croyden Road who are seeking a variance from the front yard setback requirements as defined in Chapter 1160.05(a) to construct a deck that will encroach eleven (11') feet into the fifty (50') foot front setback as defined for Croyden Road, with conditions.
 
The Findings in Case No. 2010-04 as recorded in the minutes of the meeting of the Board of Zoning Appeals held July 12, 2010 were read by Mrs. Borton.
 
It was moved by Mr. Frey seconded by Mr. Gambatese, that the decision of the Board in Case No. 2010-04 be confirmed, with the condition that the lattice not extend beyond the overhang and that any wood facing the street or side should be painted or stained white to match the existing trim on the house.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:50 P.M.

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 Meetings Convened in July 2010:

July 6, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Tuesday, July 6, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, June 7, 2010.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2010-29
INTRODUCED BY: ADMIN
 
AN ORDINANCE ADOPTING THE 2011 TAX BUDGET AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-30
INTRODUCED BY: Councilman Schlessel
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-31
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-32
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 6 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-33
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH UNITED SURVEY, INC. FOR THE 2008 SEWER REHABILITATION PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-34
INTRODUCED BY: ADMIN
 
AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES AND DECLARING AN EMERGENCY.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
July 6, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Tuesday, July 6, 2010 at 8:10 P.M., Joseph A. Marko, Chairman, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service;
 
Absent: J. M. Cicero, Jr., Mayor; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of Council held Monday, June 7, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed, with Mr. LoPresti abstaining.
 
MAYOR'S REPORT - In Mayor Cicero's absence, there was no report.
 
FINANCE COMMITTEE - Chairman Ward had no report. Mr. Ward said Ordinance No. 2010-29 is on this evening's agenda adopting the 2011 Tax Budget, which is a required by law. He explained that this is a budget that explains how the City would use the money collected by the County from residents.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey noted that the contract awarded this evening for the demolition of Brainard Park Pool is the first phase in converting Brainard Pool to a Spray Ground. He requested that signage be placed at the park informing residents that the project is moving forward in order to provide another amenity to the residents. Chairman Frey reported on the meeting of the Public Lands & Buildings Committee held earlier this evening. A copy of said report is forthcoming and will be made a part of the permanent record.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
The meeting was opened to public comment.
 
E. Dale Inkley, 5126 E. Farnhurst, stated that there was an article in the newspaper noting that the City had balanced its budget and had a surplus. He commended the Mayor, Department Heads and Mr. Ward, as Chairman of the Finance Committee, for their diligence in this regard.
 
Elizabeth DeGiovanni, 5169 Thornbury, asked who comprised the Board of Control and asked if funds had been budgeted for the expenditures that appeared on this evening's agenda. Vice Mayor Marko explained that Board of Control includes all Members of Council and that funds were appropriated at the Finance Committee meeting held in February. He further explained the process for approval of purchase requisitions. In answer to Mrs. DeGiovanni's question, Mr. Frey explained the purchase requisition for upgrading of the HVAC system at the Community Center.
 
Mrs. DeGiovanni then asked about the status of the reverse 911 notification system. Mr. Ward responded that it had been working, but that there is a glitch in the software that is causing the system to malfunction. He also explained how residents can be on the call list or opt out if they so desired.
 
Mr. Schlessel said he had received a thank you note from the recipient of the Scholarship.
 
ORDINANCE NO. 2010-29
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE ADOPTING THE 2011 TAX BUDGET AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-29 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-29 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-29 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-29 is passed.
 
ORDINANCE NO. 2010-30
INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-30 be placed on first reading and that it be referred to the Legislative Committee.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-30 is placed on first reading.
 
ORDINANCE NO. 2010-31
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-31 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-31 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-31 be passed.
 
Mr. Ward asked where on Cedar Road the six new loop detectors were being installed. Mr. Glady stated that Ronyak Paving was working in the curb lane from Acacia Park Drive to Richmond Road. He explained that he was aware of three detectors that were replaced; one across from Mt. Sinai/Cleveland Clinic Medical Center, one near Acacia Country Club and one closer to Richmond Road. He explained the work that had been done. Mr. Murphy explained that six loop detectors were damaged on Cedar Road during pavement repair operations, and that the loops or lead wires were not visible and were cut because they were located in the areas marked to be repaired.
 
Mr. Ward wondered whose responsibility it was to know the location of the loops so that they are not damaged during construction. He said if their locations were known, their replacement could have been incorporated in the scope of the contract. He was concerned that the cost was now more than if it had been included in the original bid.
 
Mr. Murphy suggested that the ordinance be placed on first reading until such time as those concerns are addressed. He said he would check with the City Engineer and report back at the next meeting. It was noted that the work had already been completed. Mr. Ward said the locations of the loops should have been known and included as a biddable item.
 
Mr. Schlessel withdrew his motion, and Mr. Ward withdrew his second.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-31 be placed on first reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-31 is placed on first reading.
 
ORDINANCE NO. 2010-32
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 6 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-32 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-32 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-32 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-32 is passed.
 
ORDINANCE NO. 2010-33
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH UNITED SURVEY, INC. FOR THE 2008 SEWER REHABILITATION PROGRAM, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-3 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-33 was highlighted by Mrs. Borton, with Section 6 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that Ordinance No. 2010-33 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-33 is passed.
 
ORDINANCE NO. 2010-34
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-34 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-34 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-34 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-34 is passed.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:32 P.M.

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 Meetings Convened in June 2010:

June 7, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, June 7, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, May 17, 2010.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
THIRD READING:
ORDINANCE NO. 2010-26
INTRODUCED BY: WARD AND SCHLESSEL
 
AN ORDINANCE AMENDING SECTION 1160.04(a)(3) OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING OF RECREATIONAL VEHICLES", AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-27
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED OPERATION GENERALLY BY ENACTING SECTION 432.301, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-28
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE CHIEF OF POLICE TO DISPOSE OF OBSOLETE MOBILE TRANSCEIVERS AND DECLARING AN EMERGENCY.
 
Approve Recommendation of the Planning Commission:
Recommendation is made to Council to approve proposed Ordinance No. 2010-26, as originally written, with addition if necessary, of reference to screening of recreational vehicles when stored.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
June 7, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, June 7, 2010 at 8:04 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner.
 
Absent: Council Representative: C. A. LoPresti; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of Council held Monday, May 17, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero had no report.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report. He said the Lyndhurst Pool had been filled with water and would open this Saturday, June 12th.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - In Chairman LoPresti's absence there was no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report.
 
PLANNING COMMISSION - Mr. Schlessel reported on the meeting of the Planning Commission held May 27, 2010. Minutes of that meeting are a part of the permanent record.
 
It was moved by Mr. Schlessel, seconded by Ward, that the recommendation of the Planning Commission to approve proposed Ordinance No. 2010-26 be moved to this part of the agenda.
 
The question was put to a voice vote and passed unanimously.
 
Approve Recommendation of the Planning Commission:
 
Recommendation is made to Council to approve proposed Ordinance No. 2010-26, as originally written, with addition if necessary, of reference to screening of recreational vehicles when stored.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that the recommendation of the Planning Commission to approve proposed Ordinance No. 2010-26, as originally written, with addition if necessary, of reference to screening of recreational vehicles when stored be approved.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, Marko.
Nays: None.
 
Motion carried.
 
SOUTH EUCLID - LYNDHURST BOARD OF EDUCATION - School Board President, Bill Kent, spoke about the progress being made at Bolton School. He said there was a problem with the contractor, but it appears that the work is moving ahead. Mayor Cicero said the ground had been graded and that the final grade would be completed so that grass could be planted. With regard to parking of cars on the property overnight, Mayor Cicero suggested communication between the Board office and the Police Department.
 
The meeting was opened to public comment:
 
Susan Casiere, 5211 Edenhurst, felt that garage sale rules should be amended so that residents could advertise their sales in places other than their property. She felt that all signs must be removed immediately when the sale is over. Mayor Cicero said that the Building Department does remove signs whenever possible.
 
Mr. Ward recalled conversations that had taken place with regard to the proliferation of signs in the public right-of-way advertising various sales. He said it is Council's goal to make those businesses accountable for that litter. Mr. Murphy said he had consulted with the City Prosecutor regarding this matter and he indicated that the City's current ordinances are enforceable and will cover the proliferation of signs for advertising in the public right-of-way, which is not legal.
 
Mr. Ward mentioned that the July 4th Concert will take place in the park at 7:30 P.M. with the Hillcrest Concert Band, and requested help from his fellow Councilmen.
 
Vice Mayor Marko announced that Council would begin its summer schedule and meetings would be held on the first Monday of June, July and August. Regular meetings would resume in September.
 
THIRD READING:
ORDINANCE NO. 2010-26
INTRODUCED BY: COUNCILMAN WARD AND COUNCILMAN SCHLESSEL
 
AN ORDINANCE AMENDING SECTION 1160.04(a)(3) OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING OF RECREATIONAL VEHICLES", AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-26 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-26 is passed.
 
ORDINANCE NO. 2010-27
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED OPERATION GENERALLY BY ENACTING SECTION 432.301, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-27 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-27 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-27 be passed.
 
Mr. Ward said this was the subject of the last Safety Committee meeting and this was recommended by the Safety Committee for approval. He said that similar legislation was passed in South Euclid and asked that the ordinance be forwarded to the Board of Education.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-27 is passed.
 
ORDINANCE NO. 2010-28
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE CHIEF OF POLICE TO DISPOSE OF OBSOLETE MOBILE TRANSCEIVERS AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-28 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-28 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that Ordinance No. 2010-28 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-28 is passed.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:22P.M.

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 Meetings Convened in May 2010:

May 17, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, May 17, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, May 3, 2010.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING:
ORDINANCE NO. 2010-26
INTRODUCED BY: WARD AND SCHLESSEL
 
AN ORDINANCE AMENDING SECTION 1160.04(a)(3) OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING OF RECREATIONAL VEHICLES", AND DECLARING AN EMERGENCY.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
May 17, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, May 17, 2010 at 8:04 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; D. Isaac, Captain of Fire; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner.
 
Absent: G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese, that reading of the minutes of the Regular Meeting of Council held Monday, May 3, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero had no report.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report. He noted that minutes of the Public Lands & Buildings Committee held April 19th were distributed in the packets.
 
It was moved by Mr. Frey, seconded by Mr. Ward, that the City Engineer be authorized and directed to proceed with development of specifications for the proposed Splash Park.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report. He called a meeting of the Safety Committee to be held on Monday, May 24, 2010 at 7:00 P.M. to discuss bus cameras.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
The meeting was opened to public comment:
 
Richard Clark, 5347 Chickadee Lane, followed up on his previous request for enforcement of the leash law. He asked how many warnings had been issued during the past two weeks. Mr. Clark asked that the newsletter address the laws pertaining to bicyclists. With regard to recreational vehicles, Mr. Clark asked for clarification as to when the ordinance would be enforced. Mr. Clark stated that the grant money being used to clean up the area at Brainard and Mayfield was once taxpayer dollars.
 
Mr. Marko responded that priorities in the Police Department are always changing and that Chief Porrello would answer any questions he might have.
 
At this time, Mr. Schlessel presented a scholarship sponsored by the Mayor and Council to Carly Manno. Mr. Schlessel thanked the committee for doing an excellent job in reviewing the applications. He wished Carly and her family congratulations.
 
SECOND READING:
ORDINANCE NO. 2010-26
INTRODUCED BY: COUNCILMAN WARD AND COUNCILMAN SCHLESSEL
 
AN ORDINANCE AMENDING SECTION 1160.04(a)(3) OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING OF RECREATIONAL VEHICLES", AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-26 be placed on second reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-26 is placed on second reading.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:14 P.M.

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May 3, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, May 3, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, April 19, 2010.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2010-25
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 5 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-26
INTRODUCED BY: WARD AND SCHLESSEL
 
AN ORDINANCE AMENDING SECTION 1160.04(a)(3) OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING OF RECREATIONAL VEHICLES", AND DECLARING AN EMERGENCY.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
May 3, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, May 3, 2010 at 8:03 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; J. C. Borton, Assistant Clerk of Council.
 
Absent: M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of Council held Monday, April 19, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero had no report.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report. Mr. Ward requested a meeting with the Law Director to discuss the lottery/gambling winning threshold.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
SOUTH EUCLID LYNDHURST BOARD OF EDUCATION - Mr. Kent addressed Council relative to the passage of legislation by the City of South Euclid regarding the installation of cameras on the district school busses. He said that at this point in time, the School Board has had no discussion regarding that topic. He anticipated that it would need to be on their agenda, but that Lyndhurst would have to enact similar legislation and the State Highway Patrol would need to be consulted, along with approval by legal counsel.
 
With regard to Bolton School, Mr. Kent said the contractors are still working to complete punch list items.
 
Mr. Kent also reported that Mr. Bishop, Human Resources Director and Mr. Allenick, the Athletic Director would be retiring at the end of the year. He also said that Kristan Romito was hired as the new PR person.
 
With regard to the school bus camera issue, Mr. Ward said that this had been discussed by Council some time ago, but they were not in favor of it, and thought there was no need for legislation. Mayor Cicero said he discussed the matter with the Chief and requested that he obtain the information to present to the Safety Committee.
 
The meeting was opened to public comment:
 
E. Dale Inkley, 5126 E. Farnhurst Road, had several questions relative to the clean up of the Key Bank site. Mayor Cicero said heand Mr. Murphy would be happy to meet with Mr. Inkley to answer any questions he might have regarding the project.
 
Eunice F. Horton, 1121 Brainard Road, commended the Service Department for the excellent job of snow removal this past winter. In addition, Mrs. Horton gave kudos to Council and specifically the Service Department for their diligence in implementing the rubbish pickup and recycling programs.
 
Richard Clark, 5347 Chickadee Lane, asked that the Police Department be encouraged to enforce the leash law, as well as making sure that residents clean up after their animals.
 
Mr. Marko said he has heard positive feedback on the yellow stickers for yard waste containers. It was noted that stickers are available in the Service Department.
 
ORDINANCE NO. 2010-25
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 5 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-25 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-25 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr.Ward, that Ordinance No. 2010-25 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-25 is passed.
 
ORDINANCE NO. 2010-26
INTRODUCED BY: COUNCILMAN WARD AND COUNCILMAN SCHLESSEL
 
AN ORDINANCE AMENDING SECTION 1160.04(a)(3) OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING OF RECREATIONAL VEHICLES", AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-26 be placed on first reading and referred to the Planning Commission.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-26 is placed on first reading and referred to the Planning Commission.
 
Mr. Ward stated that following adoption of the original ordinance, some items were brought to his attention which created a loophole. He said that the language contained in this ordinance closes that loophole, putting a size limitation of twenty-four feet on trailers and fifth wheel trailers. He wondered if all other areas of the previously adopted ordinance could be enforced. It was noted that all other changes would be enforced.
 
Mr. Ward highlighted the proposed changes in Ordinance No. 2010-26.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:24 P.M.

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 Meetings Convened in April 2010:

April 19, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, April 19, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, April 5, 2010.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
Requests for additions to the Agenda:
 
Public Comment:
 
RESOLUTION NO. 2010-17
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A GRANT FROM THE CLEAN OHIO COUNCIL TO ASSIST IN THE CLEAN UP OR REMEDIATION OF A BROWNFIELD LOCATED AT CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NUMBER 712-21-012, 712-21-013, 712-21-014 AND712-21-015, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-18
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PARTICIPATION AGREEMENT WITH WXZ RETAIL GROUP/LYNDHURST, LLC, TO PROVIDE FOR ENVIRONMENTAL REMEDIATION AT CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NUMBER 712-21-012, 712-21-013, 712-21-014 AND 712-21-015, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-19
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH UNITED SURVEY, INC. FOR THE 2009 SEWER REHABILITATION PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-20
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH UNITED SURVEY, INC. FOR THE 2009 SEWER REHABILITATION PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-21
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-22
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-23
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-24
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATIAON PROJECT, AND DECLARING AN EMERGENCY.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
April 19, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, April 19, 2010 at 8:05 P.M., Vice Mayor Joseph A. Marko presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; D. St. John, Captain of Fire; M. A. Kovalchik, Director of Finance; J. C. Borton, Assistant Clerk of Council.
 
Absent: T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that reading of the minutes of the Regular Meeting of Council held Monday, April 5, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed, with Mr. Frey abstaining.
 
MAYOR'S REPORT - Mayor Cicero announced that all residents would be receiving a flier in the next day or so which addresses the new yard waste program. Stickers are available for residents to apply to their old rubbish containers to be used for yard waste. He said this helps it reminds residents to become more ecological and it will save on landfill fees. The Mayor thanked everyone for their efforts in this regard.
 
FINANCE COMMITTEE - Chairman Ward reported on the meeting of the Finance Committee held earlier this evening. A copy of said report will be forthcoming and made a part of the permanent record.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey reported on the meeting of the Public Lands & Buildings Committee held earlier this evening. A copy of said report will be forthcoming and made a part of the permanent record.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report. With regard to the legislation passed regulating recreational vehicles, Mr. Ward stated that following the last meeting, there were some items overlooked causing unintended consequences. He said the subject would have to be revisited relative to the parking or storage of conversion vans. Length of the trailer/motor home and adequate screening would be further discussed. Mr. Ward indicated that the Planning Commission would have to review the matter again and that he hoped to have something ready prior to the next meeting. He stated that the Mayor felt enforcement of the new legislation should be held off at this time, however, Mr. Ward did not feel that that was necessary for all areas of the regulation. The Mayor indicated that he would consult with the Law Director and Building Commissioner and act accordingly in order to avoid any legal issues.
 
PLANNING COMMISSION - Mr. Schlessel had no report. He announced that the Planning Commission would not hold its regular meeting this month.
 
The meeting was opened to public comment.
 
Dennis Gustafson, 4907 Westbourne, said he was in favor of the recently passed legislation regulating recreational vehicles, but felt there were some items that he felt were discriminatory. He explained the length of motor homes and fifth wheel and questioned the parking of recreational equipment between October 1 and April 30th. Mr. Ward responded that boats and RV's must be stored off site or in a screened area. Discussion continued.
 
Virginia Kellner, 1148 Irene Road, brought attention to the fact that some residents leave their trash containers on the tree lawn over the weekend and asked that this be addressed with the resident. She also talked about snow plow operators who leave large piles of snow on the sidewalk. She said she walks to get her newspaper at 6:30 A.M. and must walk in the street because of the piles of snow. She felt this was dangerous and that this matter should be addressed prior to the next snow season.
 
Councilman Gambatese asked if there was a limit as to how many yard waste stickers a homeowner could have. Mr. Glady said that two stickers are being issued to each household, but additional cans should be placed behind the designated containers and they would be picked up.
 
Councilman Schlessel reminded Council and residents that the Heights Hillcrest Area Chamber of Commerce would be holding its annual Business Expo at Landerhaven on May 12th from 3:00 P.M. until 7:00 P.M. All were invited to attend. He asked Council members to share booth time and to let Mr. Marko know their availability. Mr. Marko added that set-up is from noon until 2:30 P.M. and tear-down after the event is concluded.
 
RESOLUTION NO. 2010-17
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A GRANT FROM THE CLEAN OHIO COUNCIL TO ASSIST IN THE CLEAN UP OR REMEDIATION OF A BROWNFIELD LOCATED AT CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NUMBER 712-21-012, 712-21-013, 712-21-014 AND 712-21-015, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-17 be placed on second and third reading for final adoption, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-17 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Resolution No. 2010-17 be adopted.
 
In answer to Mr. Ward's question, Mayor Cicero indicated that work would begin following execution of the agreement.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Resolution No. 2010-17 is adopted.
 
RESOLUTION NO. 2010-18
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PARTICIPATION AGREEMENT WITH WXZ RETAIL GROUP/LYNDHURST, LLC. TO PROVIDE FOR ENVIRONMENTAL REMEDIATION AT CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NUMBERS 712-21-012, 712-21-013, 712-21-014 AND 712-21-015, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-18 be placed on second and third reading for final adoption, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-18 was highlighted by Mrs. Borton, with Section 5 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No. 2010-18 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Resolution No. 2010-18 is adopted.
 
ORDINANCE NO. 2010-19
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH UNITED SURVEY, INC. FOR THE 2009 SEWER REHABILITATION PROGRAM, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-19 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-19 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-19 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-19 is passed.
 
ORDINANCE NO. 2010-20
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH UNITED SURVEY, INC. FOR THE 2009 SEWER REHABILITATION PROGRAM, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-20 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-20 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Fisher, that Ordinance No. 2010-20 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-20 is passed.
 
ORDINANCE NO. 2010-21
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-21 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas:Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-21 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-21 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-21 is passed.
 
ORDINANCE NO. 2010-22
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-22 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-22 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-22 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-22 is passed.
 
ORDINANCE NO. 2010-23
INTRODUCED BY: ADAMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-23 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-23 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-23 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-23 is passed.
 
ORDINANCE NO. 2010-24
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-24 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-24 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-24 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-24 is passed.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:35 P.M.

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April 5, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, April 5, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire. J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, March 15, 2010.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID/LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2010-14
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE CITY TO PARTICIPATE IN A CONSORTIUM TO SOLICIT PROPOSALS FOR RECYCLING PROCESSING SERVICES, AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS ASSOCIATED THEREWITH, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-15
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH KATHY PERELLA FOR CONCESSIONAIRE SERVICES DURING THE 2010 POOL SEASON AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-16
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE NORTHEAST OHIO AREA COORDINATING AGENCY FOR THE NEW FREEDOM GRANT PROGRAM.
 
Approve Recommendation of the Planning Commission:
 
Recommendation is made to Council to approve proposed Ordinance No. 2009-63(Amended).
 
Correspondence:
 
Ohio Division of Liquor Control for transfer of D1, D2, D3, D3A and D6 liquor permits from Bar Louie Cleveland, Inc. dba Bar Louie to BL Restaurant Operations, LLC dba Bar Louie & Patio, 24337 Cedar Road.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
ORDINANCE NO. 2009-63
INTRODUCED BY: VICE MAYOR WARD AND COUNCILMAN SCHLESSEL
 
AN ORDINANCE AMENDING CHAPTER 1160.04(a)(3) OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING OF RECREATIONAL VEHICLES", AND DECLARING AN EMERGENCY.
 
April 5, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, April 5, 2010 at 8:03 P.M., Vice Mayor Joseph A. Marko presiding.
 
Members Present:
Council Representatives: D. J. Fisher, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; D. Isaac, Captain of Fire; T. P. Kunz, Building Commissioner; J. C. Borton, Assistant Clerk of Council.
 
Absent:
Council Representative: D. A. Frey; M. A. Kovalchik, Director of Finance; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that reading of the minutes of the Regular Meeting of Council held Monday, March 15, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero commented that Resolution No. 2010-16 was on this evening's agenda for application for a New Freedom Grant which will assist with installation of an audible traffic signal at the main intersections in the City. He said that resident, Max Edelman, whose sight is impaired, had brought the matter to the City's attention. The Mayor stated that Chief Porrello followed up with the Cleveland Sight Center and is in the process of completing the grant application. The Mayor further explained that the grant would provide 80% of the funding for the project and that application is being made to Legacy Village for a grant to assist with the other 20%.
 
Mayor Cicero also explained that Ordinance No. 2010-14 allows for the formation of a recycling consortium through the Solid Waste District and was requested by Service Director, Rick Glady. He encouraged members of Council to address any questions or concerns to Mr. Glady.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - In Chairman Frey's absence, Vice Mayor Marko called a meeting of the Public Lands & Buildings Committee to be held on Monday, April 19, 2010 at 7:00 P.M. to discuss the proposed Splash Park.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report. He advised members of Council that he and Mr. Murphy had been discussing signs being placed in the public right-of-way advertising liquidations, etc. He felt these signs were nothing more than litter and said that the Police Department removes them whenever possible. He said it was his intention to revise the ordinance to make the person placing the sign, as well as the beneficiary business, guilty of littering.
 
Mr. Ward also noted that the Recreational Vehicle ordinance would be removed from tabled status this evening. He said the Planning Commission and the Ad Hoc Committee spent many hours reviewing the legislation and that he was pleased with the result.
 
PLANNING COMMISSION - Mr. Schlessel reported on the meeting of the Planning Commission held March 25, 2010. Minutes of that meeting are a part of the permanent record.
 
SOUTH EUCLID LYNDHURST BOARD OF EDUCATION - There was no report from the South Euclid Lyndhurst Board of Education.
 
The meeting was opened to public comment.
 
Richard Clark, 5347 Chickadee Lane, thought Council should ask themselves some questions before passing the legislation regulating recreational vehicles. He talked about the impact of income taxes paid to the City by owners of recreational vehicles, depending on their income levels and felt the City was affecting its future income. Mr. Clark noted that Planning Commission was concerned about how many problems would be created by the legislation. He asked Council to consider the number of complaints received and the number of complaints to come from those who would be impacted by the new regulations. As a member of the Ad Hoc Committee, Mr. Clark said he did not feel he won something, but minimized his losses.
 
Dennis Gustafson, 4907 Westbourne Road, questioned Mr. Clark's comments relative to income taxes. Mr. Ward clarified that there was discussion regarding people of means having disposable income to be able to afford a recreational vehicle. That person might be contributing to the community a greater amount in their income taxes than other residents. Mr. Ward said the point was made that if a person has the means to have an RV, they would have the means to assure that it is properly accommodated and stored. In answer to Mr. Gustafson's question, Mr. Ward responded there is no fee to park an RV on private property. He stated also that the RV cannot encroach within ten feet of the sidewalk. Discussion was held and questions were answered regarding parking of vehicles.
 
Mr. Gambatese asked about the status of Bolton School. Mr. Glady responded that he had not received any updates, but noticed that dirt was brought in to level the area. Mayor Cicero confirmed that dirt was brought in and that he notified the School Board that grass needed to be planted on the tree lawn and the area needs to be cleaned up.
 
Mr. Gambatese also asked about the collection of grass clippings. Mr. Glady stated that a letter would be sent to residents and stickers would be issued so that residents could designate cans for yard waste. He said the letter would include information regarding the paper shredding event that would be held at the end of May. It was noted that there is no ordinance prohibiting residents from putting yard waste into trash containers. Mr. Gambatese thought this was a great idea and thanked Mr. Glady for taking the time to address the matter.
 
Mr. Schlessel reminded everyone that the deadline to apply for the scholarship is quickly approaching.
 
ORDINANCE NO. 2010-14
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE CITY TO PARTICIPATE IN A CONSORTIUM TO SOLICIT PROPOSALS FOR RECYCLING PROCESSING SERVICES, AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS ASSOCIATED THEREWITH, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-14 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-14 was highlighted by Mrs. Borton, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-14 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-14 is passed.
 
RESOLUTION NO. 2010-15
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH KATHY PERELLA FOR CONCESSIONAIRE SERVICES DURING THE 2010 POOL SEASON AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-15 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-15 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Resolution No. 2010-15 be adopted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Resolution No. 2010-15 is adopted.
 
RESOLUTION NO. 2010-16
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE NORTHEAST OHIO AREA COORDINATING AGENCY FOR THE NEW FREEDOM GRANT PROGRAM.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-16 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-16 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No. 2010-16 be adopted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Resolution No. 2010-16 is adopted.
 
Approve the Recommendation of the Planning Commission:
Recommendation is made to Council to approve proposed Ordinance No. 2009-63 (Amended)
 
The motion, as recorded in the minutes of the meeting of the Planning Commission held March 25, 2010 was read by Mrs. Borton.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2009-63 be removed from tabled status.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2009-63 as amended, be placed on third reading for final passage.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
 
Ordinance No. 2009-63 was highlighted by Mr. Ward, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2009-63(Amended) be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2009-63(amended) is passed.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that the recommendation of the Planning Commission with regard to Ordinance No. 2009-63(amended) be approved.
 
In answer to Mr. Gambatese's question relative to parking of a trailer between two yards which had been previously approved, Mr. Kunz said he would enforce the new ordinance. He said any complaint would be assessed against the regulations that had just been adopted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
 
Correspondence from the Ohio Division of Liquor Control for transfer of D1, D2, D3, D3A and D6 liquor permits from Bar Louie Cleveland, Inc. dba Bar Louie to BL Restaurant Operations, LLC dba Bar Louie & Patio, 24337 Cedar Road be noted with no request for hearing.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:35 P.M.

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 Meetings Convened in March 2010:

March 15, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, March 15, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, March 1, 2010.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2010-13
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING TRANSFERS AND ADVANCES AND DECLARING AN EMERGENCY.
 
Request Authorization to advertise for bids:
 
2010 Asphalt Program;
2010 Concrete Repair Program;
2010 Crack Sealing Program.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
ORDINANCE NO. 2009-63
INTRODUCED BY: VICE MAYOR WARD AND COUNCILMAN SCHLESSEL
 
AN ORDINANCE AMENDING CHAPTER 1160.04(a)(3) OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING OF RECREATIONAL VEHICLES", AND DECLARING AN EMERGENCY.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2009-05
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2009-05 to deny requested variance to JoAnna Michalos of 5116 Kneale Drive from Chapter 1160.04(a)(2) A & B of the Planning and Zoning Code to permit parking and/or storage of a commercial vehicle outside at any time in plain view. (Tabled 11-16-09).
 
March 15, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, March 15, 2010 at 8:04 P.M., Vice Mayor Joseph A. Marko presiding.
 
Members Present:
Council Representatives: D. J. Fisher, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; D. Isaac, Captain of Fire; J. C. Borton, Assistant Clerk of Council.
 
Absent:
Council Representative: D. A. Frey; P. T. Murphy, Director of Law; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that reading of the minutes of the Regular Meeting of Council held Monday, March 1, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero had no report.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - In Chairman Frey's absence, there was no report.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward reported on the meeting of the Legislative Committee held March 10, 2010. A copy of said report is a part of the permanent record. Mr. Ward added that those in attendance reached a common understanding, that Council understood the concerns of the Board of Zoning Appeals, and if there is any relaxation of the regulations, it would not be significant. It would include verbiage that would define a commercial vehicle and dictate what appurtenances could be attached. He indicated that further study would be done as to how regulations are applied in other cities that have similar legislation.
 
Mayor Cicero stated that he felt that within sixty days, Council should have some idea of the direction they wish to pursue in this regard. He asked that a moratorium be placed on requests to the Board of Zoning Appeals for variance concerning a commercial vehicle. Mr. Ward felt the moratorium would be prudent at this time and felt the meeting was very productive.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
The meeting was opened to public comment.
 
Michael Ciomek, 5116 Kneale Drive, stated he and JoAnna Michalos requested the variance for parking of the commercial vehicle. He said that the vehicle in question had changed and he now will have a pick-up truck, rather than the utility van for which the variance had been requested. Mr. Ward indicated that the original request for variance would be denied and that Mr. Ciomek now has sixty days during the moratorium to discuss an application for variance for the new vehicle if needed. Mr. Ward suggested that the truck be parked in the driveway and that Mr. Ciomek be neighborly. Mayor Cicero said the new truck would require a separate variance if neighbors complained. Mr. Ciomek said the truck may fit in his garage. He was advised that he should seek an opinion from the Building Department as to whether or not he would need a variance for the new truck.
 
Daniel Fallenbaum addressed Council on behalf on Congresswoman Marcia Fudge and said that on March 23rd and once every month thereafter for one hour (10:00 - 11:00 A.M.) he would be at the Lyndhurst Community Center, to entertain any federally related questions or comments for the Congresswoman. He hoped that residents would take advantage of this opportunity.
 
Richard Clark, 5347 Chickadee Lane, spoke regarding the parking of recreational vehicles. He stated that he purchased his property understanding the laws that were then current and he felt one of his rights was being taken away, the right to use his property as he wants to, and he believed it would have an economic impact on the value of his property because this limits the rights of any prospective property owners. He felt this would impact the tax base and income as well as the number of people who might be interested in his house.
 
Mr. Schlessel reminded Council to let residents know about the college scholarship that they are sponsoring and that applications are available at City Hall.
 
Mr. Ward noted that the discussion regarding recreational vehicles would be on the next Planning Commission agenda. He felt that the draft of the regulations discussed by the Ad Hoc Committee lean more toward positive changes, and that it should appear on Council's agenda as a recommendation from the Planning Commission.
 
ORDINANCE NO. 2010-13
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING TRANSFERS AND ADVANCES AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-13 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-13 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-13 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
 
Ordinance No. 2010-13 is passed.
 
In response to request for same, it was moved by Mr. Ward, seconded by Mr. Schlessel, that the Clerk be and she is hereby authorized and directed to advertise for bids for the 2010 asphalt program, 2010 concrete repair program and the 2010 crack sealing program.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that the confirmation of the decision of the Board of Zoning Appeals in Case No. 2009-5 be removed from tabled status.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
 
CASE NO. 2009-05
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2009-05 to DENY requested variance to JoAnna Michalos of 5116 Kneale Drive from Chapter 1160.04(a)(2) A & B of the Planning and Zoning Code to permit parking and/or storage of a commercial vehicle outside at any time in plain view.
 
The findings in Case No. 2009-05, as recorded in the minutes of the meeting of the Board of Zoning Appeals held November 9, 2009, were read by Mrs. Borton.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that based upon the findings of the Legislative Committee, the decision of the Board of Zoning Appeals in Case No. 2009-05 be confirmed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:21 P.M.

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March 1, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, March 1, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Special Meeting of Council held Monday, February 15, 2010.
 
Approve Minutes of the Regular Meeting of Council held Monday, February 15, 2010.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID/LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2010-11
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE PERIOD ENDING DECEMBER 31, 2010, REPEALING ORDINANCE NO. 2009-86, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-12
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING ADOPTING AND IMPLEMENTING THE PROCEDURES SET FORTH IN CHAPTER 5722 OF THE OHIO REVISED CODE TO FACILITATE THE EFECTIVE REUTILIZATION OF NON-PRODUCTIVE LAND SITUATED WITHIN THE CITY OF LYNDHURST AND DECLARING AN EMERGNCY.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
ORDINANCE NO. 2009-63
INTRODUCED BY: VICE MAYOR WARD AND COUNCILMAN SCHLESSEL
 
AN ORDINANCE AMENDING CHAPTER 1160.04(a)(3) OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING OF RECREATIONAL VEHICLES", AND DECLARING AN EMERGENCY.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2009-05
Recommendation made to Council to confirm the decision of the Board in Case No. 2009-05 to deny requested variance to JoAnna Michalos of 5116 Kneale Drive from Chapter 1160.04(a)(2) A & B of the Planning and Zoning Code to permit parking and/or storage of a commercial vehicle outside at any time in plain view. (Tabled 11-16-09).
 
March 1, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, March 1, 2010 at 8:04 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Clerk of Council; T. P. Kunz, Building Commissioner; R. B. Borthwick, Captain of Fire; J. C. Borton, Assistant Clerk of Council.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that reading of the minutes of the Special Meeting of Council held Monday, February 15, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Frey, seconded by Mr. Schlessel, that reading of the minutes of the Regular Meeting of Council held Monday, February 15, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero commended and thanked the Service Department for the fine job they did in clearing the snow this past weekend. Vice Mayor Marko reiterated that he felt the Service Department did an excellent job.
 
FINANCE COMMITTEE - Chairman Ward reported on the meeting of the Finance Committee held Monday, February 22, 2010. A copy of said report is a part of the permanent record. Vice Mayor Marko thanked Mr. Ward for the time he spent during the budget process.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report. He called a meeting of the Public Lands & Buildings Committee to be held on Monday, March 15, 2010 at 7:00 P.M. to discuss the proposed Splash Park. The Committee, Service Director, Finance Director and those who had expressed an interest in the Brainard Pool discussion were invited to attend.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report. He called a meeting of the Legislative Committee to be held on Wednesday, March 10, 2010 at 7:30 P.M. to discuss the commercial vehicle parking regulations. Mr. Murphy, Mr. Kunz, Mr. David Bader (BZA) were invited to attend. The Clerk was asked to send a copy of the notice to Mrs. White for distribution to all members of the Board of Zoning Appeals.
 
PLANNING COMMISSION - Mr. Frey reported on the meeting of the Planning Commission held February 25, 2010 that he had attended in Mr. Schlessel's absence. Minutes of that meeting are a part of the permanent record.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Vice Mayor Marko stated that there was no report.
 
The meeting was opened to public comment.
 
Richard Clark, 5347 Chickadee Lane, noted that there is a tabled item on the agenda regarding snow removal and asked that Council look at the proposed ordinance for the next snow season. He noted that snow plow operators are blocking sidewalks, which creates a dangerous situation for school children walking to school. He said he drove through various streets in the neighborhood and found residents on Gordon, Meadow Wood, Wellington and Haverston who keep their sidewalks clean. His concern was for the safety of the school children.
 
Carmen Labbato, 5238 Thornbury, was pleased that the Sunoco Station had reopened this week.
 
ORDINANCE NO. 2010-11
INTRODUCED BY: ADMINISTRATION
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2010, REPEALING ORDINANCE NO. 2009-86, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-11 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-11 was highlighted by Mrs. Borton, with Section 10 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-11 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-11 is passed.
 
ORDINANCE NO. 2010-12
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING ADOPTING AND IMPLEMENTING THE PROCEDURES SET FORTH IN CHAPTER 5722 OF THE OHIO REVISED CODE TO FACILITATE THE EFFECTIVE REUTILIZATION OF NONPRODUCTIVE LAND SITUATED WITHIN THE CITY OF LYNDHURST, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-12 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-12 was highlighted by Mrs. Borton, with Section 6 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-12 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-12 is passed.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:23 P.M.

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 Meetings Convened in February 2010:

February 15, 2010: City Council
AGENDA:

 
Regular meeting of the Council of the City of Lyndhurst, Monday, February 15, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Special Meeting of Council held Monday, February 1, 2010.
 
Approve Minutes of the Regular Meeting of Council held Monday, February 1, 2010.
 
Committee Reports:
 
Mayor's Report
 
Finance Committee - Ward
 
Public Lands & Buildings Committee - Frey
 
Roads & Utilities Committee - Gambatese
 
Safety Committee - LoPresti
 
Service & Sewers Committee - Fisher
 
Legislative Committee - Ward
 
Planning Commission - Schlessel
 
Requests for additions to the Agenda:
 
Public Comment:
 
Ordinance NO. 2010-8
Introduced By: Admin
 
An Ordinance amending Ordinance NO. 2009-17 regarding Swimming Pool Admission fees.
 
Ordinance NO. 2010-9
Introduced By: ADMIN
 
An Ordinance disposing of Unclaimed Bicycles and Declaring an Emergency.
 
Ordinance NO. 2010-10
Introduced By: Admin
 
An Ordinance providing for the issuance and sale of $1,000,000 of Notes, in anticipation of the issuance of Bonds, to pay costs of improving streets by resurfacing, paving with concrete and making other improvements as designated in the plans approved or to be approved by council, and declaring an Emergency.
 
Confirm decision of the Board of Zoning Appeals:
 
Case NO. 2010-1
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2010-1 to DENY requested variance to Sally and Howard Ross of 5383 Golfway Lane, from Chapter 1160-05 (table) "rear yard setback," of the Planning and Zoning Code to allow a seventeen (17') foot rear yard variance to build a one story bedroom for an elderly parent.
 
TABLED ITEMS:
 
Ordinance NO. 2008-15
Introduced By: Admin
 
An Ordinance amending Section 660.05 of the Codified Ordinances of the city with regard to snow removal.
 
Ordinance NO. 2009-63
Introduced By: Vice Mayor Ward and Councilman Schlessel
 
An Ordinance amending Chapter 1160.04(a)(3) of the Codified Ordinances of the city entitled: "Parking of Recreational Vehicles", and declaring an Emergency.
 
Confirm decision of the Board of Zoning Appeals:
 
Case NO. 2009-05
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2009-05 to deny requested variance to JoAnna Michalos of 5116 Kneale Drive from Chapter 1160.04(a)(2) A & B of the Planning and Zoning Code to permit parking and/or storage of a commercial vehicle outside at any time in plain view. (Tabled 11-16-09)
 
February 15, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, February 15, 2010 at 8:02 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Clerk of Council; D. St. John, Captain of Fire; J. C. Borton, Assistant Clerk of Council.
 
Absent: T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that reading of the minutes of the Special Meeting of Council held Monday, February 1, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Frey, seconded by Mr. Schlessel, that reading of the minutes of the Regular Meeting of Council held Monday, February 1, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero reported that the Engine 411 lost its fuel tank last Friday and that sixty gallons of diesel fuel spilled on to the road. He said the Chief is in the process of obtaining a price for a new fuel tank and that he is reviewing all maintenance logs for the vehicle. The Mayor learned from the Chief that this had occurred in other cities and notice was given to the Chiefs' Association to see if anyone else had a similar situation. He said he would keep Council updated.
 
Mayor Cicero said that the Northeast Ohio Regional Sewer District filed a lawsuit regarding the storm sewer maintenance fee that they would like to assess to residents and businesses in the community. He said that he felt the assessment was inappropriate and was going to work through the Court system to have Lyndhurst's voice heard in that regard.
 
FINANCE COMMITTEE - Chairman Ward had no report. Mr. Ward called a meeting of the Finance Committee to be held on Monday, February 22, 2010 to discuss the line item budget, beginning at 6:30 PM. Mr. Ward said he would be reviewing the line item budget with departments this week, and indicated that expenses and income are flat this year.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report. He noted that the formal report from the February 1st meeting had been distributed.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report, also noting that minutes from the February 1st meeting had been distributed.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
The meeting was opened to public comment. There were no comments.
 
Vice Mayor Marko introduced Mr. Terry Killeen, Manager of External Affairs for First Energy, who addressed Council relative to his role as the City's representative replacing Darlene Johnson. He said he had been employed by First Energy for twenty-one years and has extensive experience with field and management activities and said he is working on two items that were brought to his attention by the Mayor. He distributed his contact information and said he is available at any time to assist Council and the residents.
 
Mr. Marko announced that the Hillcrest Council of Councils would be meeting on February 27, 2010 at 9:00 A.M. at Landerhaven and the topic for discussion is Hillcrest Fire Department partnering. He encouraged those who wish to attend to RSVP by February 22nd. Mr. Ward added that he thought it would be good to have some representation because of the topic.
 
ORDINANCE NO. 2010-8
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING ORDINANCE NO. 2009-17 REGARDING SWIMMING POOL ADMISSION FEES.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-8 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-8 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-8 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-8 is passed.
 
ORDINANCE NO. 2010-9
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE DISPOSING OF UNCLAIMED BICYCLES AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-9 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-8 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-9 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-9 is passed.
 
ORDINANCE NO. 2010-10
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $1,000,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING STREETS BY RESURFACING, PAVING WITH CONCRETE AND MAKING OTHER IMPROVEMENTS AS DESIGNATED IN THE PLANS APPROVED OR TO BE APPROVED BY COUNCIL, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-10 be placed on second and third reading for final passage, and that it be highlighted, noting that the Fiscal Officer's Certificated had been distributed and received by all Members of Council.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-10 was highlighted by Mrs. Borton, with Section 16 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-10 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-10 is passed.
 
Confirm the decision of the Board of Zoning Appeals:
 
CASE NO. 2010-1
 
Recommendation is made to Council to confirm the decision of the Board in Case No. 2010-1 to DENY requested variance to Sally and Howard Ross of 5383 Golfway Lane, from Chapter 1160.05 (table) "rear yard setback," of the Planning and Zoning Code to allow a seventeen (17') foot rear yard variance to build a one story bedroom for an elderly parent.
 
The findings in Case No. 2010-1 as recorded in the minutes of the meeting of the Board of Zoning Appeals held February 8, 2010 were read by Mrs. Borton.
 
Mr. Howard Ross addressed Council relative to his request for variance. Also in attendance was Mr. Eli Mahler, Architect, who was recommended by the Building Department. Mr. Ross indicated that they have three options with regard to Sally Ross's mom; move her into assisted living, move her into their home or vacate their home and move out of the area. He said that they would not consider the first option. He felt that Mr. Mahler did an excellent job of matching the existing architecture of the home and making the addition invisible from the street. Mr. Ross said neighbors had no objections and provided written support for the project.
 
Mr. Ross indicated that the Board of Zoning Appeals attempted to modify Mr. Mahler's plans. He said that the original plan required a 17 foot variance and it had been modified to 14.5 feet and was extended wider so that the room is not going back so far. He distributed a revised drawing stating that the walk-in closet was eliminated and that the new plan inhibits the view from the kitchen, but felt it was livable.
 
Mr. Ward stated that he was present at the Board of Zoning Appeals meeting and there were a number of issues that they were dealing with. He said Mr. Warren wanted a 25 foot or greater rear yard instead of 23 foot rear yard. Mr. Warren indicated that there were 25 foot rear yards in the Meadow Wood area. Mr. Ward said the Building Department had no problem with that. Discussion continued.
 
In answer to Mr. Frey's question, Mr. Ward indicated that he had discussed the matter with the Board in further detail following the meeting. Mr. Ward stated that Council has broader authority than the Board and can formulate their own findings to indicate that new drawings have been submitted that reduced the encroachment. He said the action of Council could be reported to the Board at its next meeting.
 
Mr. Murphy said he was present at the meeting and said the Board attempted to move the room to another location and redesign it and at that time the property owners indicated they were not happy with the proposed modifications. He said that now the property owners have reduced the variance by 2.5 feet, making it a 25 foot rear yard. He stated that in the presentation, the property owners indicated there were no special circumstances, and felt that that prompted the Board's decision. Mr. Murphy said it is up to Council to abide by the ordinances and to make the final decision.
 
Mr. Ross clarified that he responded negatively to the Board's suggestion to replace the living room with the bathroom and a bedroom coming off the front of the house. He felt that suggestion was bad for the house and the neighborhood. He further indicated that he was urged by the Board of Zoning Appeals to come before Council with their request.
 
Mr. Ward said it was difficult to overturn the Board's decision and struggled to have some findings of fact that mirror the Board's process when this is being done. He felt that the Board should have indicated in their findings that all homes in Berkeley Estates are at the 40 foot setback; at Meadow Wood Estates the setbacks are at 40 foot or less. He said there is a history of residents coming before the Board of Zoning Appeals and Council for various requests because they have no other alternative.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that based on the findings, letters and changes made, that Council overturn the decision of the Board of Zoning Appeals in Case No. 2010-1 and grant the variance, noting that the plans were altered and that the encroachment had been reduced in keeping with one of the Board's interests that was articulated at the meeting.
 
Mr. Ward asked that drawings be initialed and dated by the Vice Mayor and forwarded to the Building Commissioner.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:33 P.M.

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 Meetings Convened in January 2010:

January 18, 2010: City Council
AGENDA:

 
SPECIAL MEETING of the Council of the City of Lyndhurst, Monday, January 18, 2010, at 8:00 PM, Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Special Meeting of Council held Monday, January 4, 2010.
 
Approve Minutes of the Regular Meeting of Council held Monday, January 4, 2010.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - WARD
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2010-5
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1352.02 OF THE BUILDING AND HOUSING CODE REGARDING THE REGISTRATION AND BONDING OF CONTRACTORS WORKING IN THE CITY.
 
ORDINANCE NO. 2010-6
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF CUYAHOGA COUNTY, OHIO AND THE CUYAHOGA REGIONAL INFORMATION SYSTEM BOARD OF ADVISORS TO EXTEND THE CURRENT CUYAHOGA REGIONAL INFORMATION SYSTEM ("CRIS") AGREEMENT, AND DECLARING AN EMERGENCY.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
ORDINANCE NO. 2009-63
INTRODUCED BY: VICE MAYOR WARD AND COUNCILMAN SCHLESSEL
 
AN ORDINANCE AMENDING CHAPTER 1160.04(a)(3) OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING OF RECREATIONAL VEHICLES", AND DECLARING AN EMERGENCY.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2009-05
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2009-05 to deny requested variance to JoAnna Michalos of 5116 Kneale Drive from Chapter 1160.04(a)(2) A & B of the Planning and Zoning Code to permit parking and/or storage of a commercial vehicle outside at any time in plain view. (Tabled 11-16-09)
 
January 18, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Special Session on Monday, January 18, 2010 at 8:04 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; B. Borthwick, Captain of Fire; J. C. Borton, Assistant Clerk of Council.
 
Absent: M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that reading of the minutes of the Special Meeting of Council held Monday, January 4, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of Council held Monday, January 4, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero had no report.
 
FINANCE COMMITTEE - Chairman Ward had no report. He encouraged Members of Council to schedule meetings to discuss capital requests. Mr. Ward said the line item budget draft had been completed by the Mayor and Finance Director and said departmental meetings would be held soon.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey stated that the committee had met earlier this evening to discuss pool fees for 2010. A copy of said report is forthcoming and will be made a part of the permanent record. Mr. Frey called a meeting of the Public Lands & Buildings Committee to be held on Monday, February 1, 2010 to discuss capital requests. Time to be determined.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report. He indicated that the Legislative Committee would meet soon to review regulations on commercial vehicles and also to review Council's calendar.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
REPORT FROM THE SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Mr. Bill Kent, President of the School Board addressed Council relative to a grant that had been applied for in conjunction with Race to the Top, which is being offered by the Federal Government. He said that the South Euclid Lyndhurst Schools had applied for the additional federal stimulus funds. He explained that the teacher evaluation and pay would be tied more directly into the performance of the student and that the union endorsed this and hoped to obtain additional funds.
 
Mr. Kent stated that Erin Gadd, the newly hired Community & Media Relations person was no longer affiliated with the schools and that they are attempting to fill the position. He indicated that he would inform Council when the position had been filled.
 
Mr. Kent said that the Lyndhurst Police Department and the SEL security work well together to keep the school safe and witnessed them at work at a recent basketball game. He encouraged members to attend the girls' or boys basketball games.
 
In response to Mr. Frey's question, Mr. Kent said he thought the money received from the grant could not be used to compensate teachers; he thought it would go into the general fund, but stated that there is a lot of work to be done.
 
The meeting was opened to public comment:
 
Mr. Gambatese inquired as to the outcome of the Mayor's meeting with the Northeast Ohio Regional Sewer District. Mayor Cicero responded that the vote was taken on Resolution 1-2010, it was passed unanimously but it does have to go before the Cuyahoga County Court of Common Pleas to decide if the District has the power to assess the fee. The Mayor felt it was a win/win situation in that it was his desire that the matter go to the Court. He had hoped that the vote would be postponed, but the District felt they need the vote to move forward. Mr. Schlessel said he heard that nothing would happen until mid-summer. Mr. Murphy agreed that it would take until mid-summer, and possibly the end of the year, before anything is completed. Mr. Ward said he appreciated that the Mayor and Mr. Murphy were involved in this situation. The Mayor said he would be in attendance at the court hearing and hoped to be able to voice his opinion at that time. He indicated that many cities would benefit from storm water management and his goal is to make sure the assessment is conducted fairly and that the communities that have done work are credited for doing so. The Mayor said that many were in favor of the plan and that a few spoke against it. Mr. Ward said the City is not objecting to the work that needs to be done, stating that Lyndhurst had done the work all these years and spent millions of dollars in mitigating infiltration of storm water into the sanitary sewers. He felt there should be some monetary consideration given to residents in the form of a discount for that.
 
Mr. Frey said he received correspondence from a resident relative to the human services cuts and the increase in fees for van service for the Tri-City Consortium. He wondered if any additional consideration had been given to that. The Mayor said that when the transportation was transferred to the Senior Transportation Connection, requests for service have doubled. He said it was not anticipated that the service would be utilized to that extent. The Mayor said that the funding from the Western Reserve Area Agency on Aging had decreased by about 40%. The money could go to providing lunches and social services, or towards transportation. He said the Tri-City had cut some staffing hours, some positions had not been filled because of the cuts, and the three cities are not in a position to increase their contribution to Tri-City. The individual that Mr. Frey referred to had been spoken to. Because of the increase in utilization of the van, a restriction had to be placed on its usage. Lunches were excluded from the restriction. Mr. Ward indicated that the fee structure for the luncheon program increased minimally, and is regarded as a donation. Discussion continued.
 
Mr. Frey wondered if anyone on Council had received phone calls from elderly constituents in reference to their difficulty in putting out the automated trash receptacle in the snow. Mr. Schlessel said he had also received calls. Mr. Frey said his constituent is having difficulty with getting the receptacle to the sidewalk and stated that if the receptacle is placed on the driveway, her snow plow operator would not move it. Mr. Glady responded that he had received some calls and that it is his recommendation that the snow plow operators push the snow back two feet further. Mr. Ward asked that Mr. Frey find out who the snow plow operator is and he could be contacted. He said he had also received calls and told residents to place the receptacle on the apron. He further stated that there had always been issues with trash containers in the snow.
 
ORDINANCE NO. 2010-5
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING SECTIN 1352.02 OF THE BUILDING AND HOUSING CODE REGARDING THE REGISTRATION AND BONDING OF CONTRACTORS WORKING IN THE CITY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-5 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-5 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-5 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-5 is passed.
 
ORDINANCE NO. 2010-6
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF CUYAHOGA COUNTY, OHIO AND THE CUYAHOGA REGIONAL INFORMATION SYSTEM BOARD OF ADVISORS TO EXTEND THE CURRENT CUYAHOGA REGIONAL INFORMATION SYSTEM ("CRIS") AGREEMENT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-6 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-6 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-6 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-6 is passed.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:25 P.M.

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January 4, 2010: City Council
AGENDA:

 
ORGANIZATIONAL MEETING of the Council of the City of Lyndhurst, Monday, January 4, 2010, at 8:00 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
SWEARING IN:
 
Council Representative David A. Frey.
 
ELECTIONS:
 
Vice Mayor for the year 2010
 
Council's representative to the Planning Commission for 2010 (automatically becomes representative to City Architectural Board of Review)
 
Confirmation by Council:
 
Reappointment of Paul T. Murphy, Director of Law;
 
Reappointment of Mary A. Kovalchik, Director of Finance.
 
Swearing In Ceremony: Director of Law;
Director of Finance.
 
Swearing In:
 
Special Police Officer Laura Licursi
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, December 7, 2009.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - SCHLESSEL
 
PLANNING COMMISSION - FREY
 
SOUTH LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2010-1
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 606 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO GENERAL PROVISIONS; ADMINISTRATION AND ENFORCEMENT, BY DELETING SECTION 606.27.
 
ORDINANCE NO. 2010-2
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 612.025 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO RESPONSIBILITIES OF OWNERS OR OCCUPANTS.
 
RESOLUTION NO. 2010-3
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT HEALTH CARE, DENTAL AND LIFE INSURANCE COVERAGE FOR THE EMPLOYEES OF THE CITY AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-4
INTRODUCED BY: MAYOR CICERO AND COUNCIL AS A WHOLE
 
A RESOLUTION REQUESTING THE BOARD OF TRUSTEES OF THE NORTHEAST OHIO REGIONAL SEWER DISTRICT TO FILE A PETITION IN THE COMMON PLEAS COURT SEEKING AUTHORITY TO IMPLEMENT TITLE V OF THE CODE OF REGULATIONS OF THE SEWER DISTRICT TITLED STORMWATER MANAGEMENT CODE, REQUESTING THAT THE ADOPTION BY THE BOARD OF TITLE V BE DEFERRED, AND DECLARING AN EMERGENCY.
 
Approve Recommendation of the Planning Commission:
 
Recommendation is made to Council to approve the request of Ronald A. Fisher, for a minor lot split and consolidation involving Sub Lot 19A, 5260 River Trail and Sub Lot 20A, 5250 River Trail, to be approved as submitted.
 
Recommendation is made to Council to approve a lot consolidation for a new Key Bank to be located on the northeast corner of Brainard and Mayfield Roads.
 
TABLED ITEMS:
 
ORDINANCE NO. 2008-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 660.05 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO SNOW REMOVAL.
 
ORDINANCE NO. 2009-63
INTRODUCED BY: VICE MAYOR WARD AND COUNCILMAN SCHLESSEL
 
AN ORDINANCE AMENDING CHAPTER 1160.04(a)(3) OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING OF RECREATIONAL VEHICLES", AND DECLARING AN EMERGENCY.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2009-05
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2009-05 to deny requested variance to JoAnna Michalos of 5116 Kneale Drive from Chapter 1160.04(a)(2) A & B of the Planning and Zoning Code to permit parking and/or storage of a commercial vehicle outside at any time in plain view. (Tabled 11-16-09)
 
January 4, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst held its Organizational Meeting on Monday, January 4, 2010 at 8:00 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; D. St John, Captain of Fire; J. C. Borton, Assistant Clerk of Council.
 
Absent: T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
All stood for the Pledge of Allegiance.
 
Mayor Cicero administered the Oath of Office to Council Representative David A. Frey.
 
The floor was opened to nominations for the position of Vice Mayor for the year 2010.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that Joseph A. Marko be nominated as Vice Mayor for the 2010 calendar year.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that nominations be closed.
 
The question was put to a voice vote and passed unanimously.
 
Mr. Marko accepted the nomination.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
Mr. Marko is elected Vice Mayor for the year 2010.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that Lane A. Schlessel be nominated as Council's Representative to the Planning Commission and to the Architectural Board of Review for the 2010 calendar year.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that nominations be closed.
 
The question was put to a voice vote and passed unanimously.
 
Mr. Schlessel accepted the nomination.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
Mr. Schlessel is elected as Council's Representative to the Planning Commission and Architectural Board of Review.
 
It was moved by Mr. Schlessel, seconded by Mr. Marko, that the re-appointment of Paul T. Murphy as Director of Law be confirmed.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
Paul T. Murphy is reappointed as Director of Law.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that the re-appointment of Mary A. Kovalchik as Director of Finance be confirmed.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
Mary A. Kovalchik is re-appointed as Director of Finance.
 
The Oath of Office was administered to Paul T. Murphy and Mary A. Kovalchik.
 
The Oath of Office was administered to newly appointed Special Police Officer Laura Licursi.
 
It was moved by Mr. Frey, seconded by Mr. Marko, that reading of the minutes of the Regular Meeting of Council held Monday, December 7, 2009, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Council meet in Special Session on January 18, 2010 and that the regular meeting scheduled to be held on Tuesday, January 19, 2010 be cancelled. Mr. Ward stated that Martin Luther King Day is a Council holiday, but not a City Hall holiday.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero wished everyone a Happy New Year. He thanked Council for their support in requesting that the Northeast Ohio Regional Sewer District defer the proposed rate increase for storm water run off. He did not feel that the plan was a bad idea, but felt the authority needs to be in the right place. He thanked Council for the Resolution which is on this evening's agenda and said he and Mr. Murphy would be attending a meeting at the Sewer District on January 7th and hoped that the vote would be postponed or that no action would be taken at this time.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Fisher had no report.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Schlessel had no report.
 
PLANNING COMMISSION - Mr. Frey reported on the meeting of the Planning Commission held December 10, 2009. Minutes of that meeting are a part of the permanent record.
 
REPORT FROM THE SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - There was no report from the Board of Education.
 
The meeting was opened to public comment:
 
Richard Clark, 5347 Chickadee Lane, said he was looking at the Plain Dealer and noticed that there was a company looking for a site for 1,000 jobs and wondered whether anyone had told them the wonderful things about Lyndhurst. He thought the jobs could generate a substantial amount of money to help the City. He asked if anyone had made an effort in this regard.
 
Mr. Clark also asked if there was an answer with regard to the number of jobs that the new Key Bank would bring to the City and wondered whether it would generate more or less jobs than were there previously.
 
Yuri Linetsky, 1736 Larkspur, said the City had a female Auxiliary Police Officer in past years, and that he loved the new, large, trash containers and commended the Mayor, Service Director and Vice Mayor.
 
Dwayne Parrish, 5445 Blue Bell, expressed concern that the children on his street were forced to walk in the street when they come home from school because the sidewalks are not cleared. He thought cars could swerve and slide into a child. He felt that sidewalks should be plowed by the City. Mr. Parrish also felt that dogs should be on leashes at all times. He was also concerned that snow plow operators block the fire hydrants. Mayor Cicero responded that the City will plow the sidewalks on the main roads such as Mayfield and Richmond and school zones, but it is the responsibility of the homeowner to keep sidewalks clear. He said that plowing was done in years past, but it caused too many problems with residents and their snow plow operators. The Mayor added that the fire hydrants should be cleared by the owner of the property where the hydrant is located. Captain St. John said the Fire Department has a map showing the location of each hydrant and would be able to locate them in the event of an emergency.
 
With regard to Committee assignments, Mr. Marko stated that those Councilmen who already held their meetings for capital requests for 2010 had expressed a desire to remain on their respective committees. He asked for input from members of Council. Mr. Ward encouraged new chairmen to schedule their meetings as soon as possible.
 
Mr. Frey asked Mr. Glady to update Council on the automated rubbish pickup in view of the recent snow storm. Mr. Glady responded that the program is going very well and that residents had been asked to have their snow plow operators to push snow back a couple of feet to accommodate the rubbish containers. He said there is a runner that goes along with the truck to help when needed. All rubbish is being picked up and the routes are completed early.
 
ORDINANCE NO. 2010-1
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING CHAPTER 606 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO GENERAL PROVISIONS; ADMINISTRATION AND ENFORCEMENT, BY DELETING SECTION 606.27.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-1 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-1 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Marko, that Ordinance No. 2010-1 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-1 is passed.
 
ORDINANCE NO. 2010-2
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING CHAPTER 612.025 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO RESPONSIBILITIES OF OWNERS OR OCCUPANTS.
 
It was moved by Mr. Schlessel, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-2 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-2 was highlighted by Mrs. Borton, with Section 5 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2010-2 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-2 is passed.
 
RESOLUTION NO. 2010-3
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT HEALTH CARE, DENTAL, AND LIFE INSURANCE COVERAGE FOR THE EMPLOYEES OF THE CITY AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-3 be placed on second and third reading for final adoption, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-3 was highlighted by Mrs. Borton, with Section 7 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Marko, that Resolution No. 2010-3 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Resolution No. 2010-3 is adopted.
 
RESOLUTION NO. 2010-4
INTRODUCED BY: MAYOR JOSEPH M. CICERO, JR. AND COUNCIL AS A WHOLE
 
A RESOLUTION REQUESTING THE BOARD OF TRUSTEES OF THE NORTHEAST OHIO REGIONAL SEWER DISTRICT TO FILE A PETITION IN THE COMMON PLEAS COURT SEEKING AUTHORITY TO IMPLEMENT TITLE V OF THE CODE OF REGULATIONS OF THE SEWER DISTRICT TITLED STORMWATER MANAGEMENT CODE, REQUESTING THAT THE ADOPTION BY THE BOARD OF TITLE V BE DEFERRED, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended, that Resolution No. 2010-4 be read in its entirety and that it be placed on second and third reading for final adoption.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.  Nays: Nays.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-4 was read in its entirety by Mr. Ward.
 
It was moved by Mr. Marko, seconded by Mr. LoPresti, that Resolution No. 2010-4 be adopted.
 
In answer to Mr. Gambatese's question, Mayor Cicero stated that other Mayors also oppose this proposal by the Sewer District and that our City Engineer, who represents several communities, had also gone on record in opposition to the action of the Sewer District. He said he was not sure that other councils had adopted similar resolutions.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Resolution No. 2010-4 is adopted.
 
Mr. Ward stated that the City of Lyndhurst is well ahead of the curve, has stepped up in innumerable ways and spent many millions of dollars to update our infrastructure.
 
Approve Recommendation of the Planning Commission:
 
Recommendation is made to Council to approve the request of Ronald A. Fisher, for a minor lot split and consolidation involving Sub Lot 19A, 5260 River Trail and Sub Lot 20A, 5250 River Trail, to be approved as submitted.
 
It was moved by Mr. Marko, seconded by Mr. Fisher, that Council approve the recommendation of the Planning Commission and request of Ronald A. Fisher, for a minor lot split and consolidation involving Sub Lot 19A, 5260 River Trail and Sub Lot 20A, 5250 River Trail, to be approved as submitted.
 
The question was put to a voice vote and passed unanimously.
 
Recommendation is made to Council to approve a lot consolidation for a new Key Bank to be located on the northeast corner of Brainard and Mayfield Roads.
 
It was moved by Mr. Schlessel, seconded by Mr. Fisher, that Council approve the recommendation of the Planning Commission for a lot consolidation for a new Key Bank to be located on the northeast corner of Brainard and Mayfield Roads.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:40 P.M.

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