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AGENDAS & MINUTES / CITY COUNCIL / 2011:
 
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 Meetings Convened in December 2011:

December 5, 2011: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, December 5, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, 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; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Public Hearing held Monday, November 21, 2011.
 
Approve Minutes of the Regular Meeting of Council held Monday, November 21, 2011.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - MARKO
 
PLANNING COMMISSION - WARD
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
RESOLUTION NO. 2011-90
INTRODUCED BY: ALL MEMBERS OF COUNCIL AND MAYOR CICERO
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO DALE J. FISHER FOR SERVICES RENDERED FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO AS A MEMBER OF CITY COUNCIL AND AS AN OUTSTANDING RESIDENT OF THE CITY OF LYNDHURST.
 
ORDINANCE NO. 2011-91
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD BEGINNING JANUARY 1, 2012 AND ENDING MARCH 31, 2012 AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-92
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2011, REPEALING ORDINANCE NO. 2011-88 AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-93
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE CITY OF LYNDHURST TO CONTINUE TO PARTICIPATE IN THE HILLCREST REGIONAL FIRE INVESTIGATION STRIKE FORCE, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-94
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 1305 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED NATIONAL ELECTRICAL CODE AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-95
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1307.01 OF THE CODIFIED ORDINANCES OF THE CITY TO ADOPT THE OHIO BUILDING CODE INCLUDING ALL UPDATES AND APPENDICES, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-96
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 1309 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED OHIO PLUMBING CODE AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-97
INTRODUCED BY: ADMIN
 
AN ORDINANCE ENACTING CHAPTER 1313 OF THE CODIFIED ORDINANCES OF THE CITY TO ADOPT THE INTERNATIONAL ENERGY CONSERVATION CODE, INCLUDING ALL UPDATES AND APPENDICES, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-98
INTRODUCED BY: ADMIN
 
AN ORDINANCE ENACTING CHAPTER 1315 OF THE CODIFIED ORDINANCES OF THE CITY TO ADOPT THE INTERNATIONAL FUEL GAS CODE, INCLUDING ALL UPDATES AND APPENDICES, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-99
INTRODUCED BY: ADMIN
 
AN ORDINANCE ENACTING CHAPTER 1317 OF THE CODIFIED ORDINANCES OF THE CITY TO ADOPT THE OHIO MECHANICAL CODE, INCLUDING ALL UPDATES AND APPENDICES, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-100
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH KONSTRUCTION KING, INC. FOR THE 2011 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-101
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH KONSTRUCTION KING, INC. FOR THE 2011 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-102
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 5 WITH KONSTRUCTION KING, INC. FOR THE 2011 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-103
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 6 WITH KONSTRUCTION KING, INC. FOR THE 2011 CONCRETE REPAIR PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-104
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE GRANTING OF ANY PERMITS ALLOWING THE OPERATION OF INTERNET CAFES IN THE CITY, OR PERMITS ALLOWING BUSINESSES TO DEVOTE FLOOR SPACE TO INTERNET BASED SWEEPSTAKES GAMES IN THE CITY, AND DECLARING AN EMERGENCY.
 
REQUEST AUTHORIZATION TO ADVERTISE FOR BIDS:
 
Brainard Road Pump Station Project;
Brainard Road Force Main Project.
 
TABLED ITEMS:
 
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 5, 2011: City Council
MINUTES:

 
To Be Posted

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 Meetings Convened in November 2011:

November 21, 2011: City Council
AGENDA:

 
Pursuant to Section 1150.09 (c) 100 and (117) of the Codified Ordinances, the City of Lyndhurst gives notice that it will have before it for enactment Ordinance No. 2011-80: an ordinance declaring the necessity of controlling the blight and disease of shade trees within public rights-of-way and on public property and providing for planting, maintaining, trimming and removing shade trees in and along the streets of the City of Lyndhurst; establishing a single district for that purpose in accordance with the provisions of Section 727.011 of the Ohio Revised Code; providing for the assessment of the cost of those services and declaring an emergency.
 
Interested members of the public are invited to attend and offer comments with reference to the proposed ordinance.
 
The public hearing will be held on Monday, November 21, 2011 at 7:30 P.M. in the Council Chambers located in the Lyndhurst Municipal Center, 5301 Mayfield Road, Lyndhurst, Ohio 44124.
 
By order of the Council of the City of Lyndhurst.
 
Mary A. Kovalchik
Clerk of Council
 
November 21, 2011: City Council
MINUTES:

 
To Be Posted

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November 21, 2011: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, November 21, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, 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; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Special Meeting of Council held Monday, November 7, 2011.
 
Approve Minutes of the Regular Meeting of Council held Monday, November 7, 2011.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - MARKO
 
PLANNING COMMISSION - WARD
 
Requests for additions to the Agenda:
 
Public Comment:
 
THIRD READING
ORDINANCE NO. 2011-80
INTRODUCED BY: ADMIN
 
AN ORDINANCE DECLARING THE NECESSITY OF CONTROLLING THE BLIGHT AND DISEASE OF SHADE TREES WITHIN PUBLIC RIGHTS-OF-WAY AND ON PUBLIC PROPERTY AND PROVIDING FOR PLANTING, MAINTAINING, TRIMMING AND REMOVING SHADE TREES IN AND ALONG THE STREETS OF THE CITY OF LYNDHURST; ESTABLISHING A SINGLE DISTRICT FOR THAT PURPOSE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 727.011 OF THE OHIO REVISED CODE; PROVIDING FOR THE ASSESSMENT OF THE COST OF THOSE SERVICES AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-87
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 11 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-88
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2011, REPEALING ORDINANCE NO. 2011-62 AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-89
INTRODUCED BY: ADMIN
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO EXECUTIVE LIEUTENANT JEFFREY PORTER FOR SERVICE RENDERED FOR, TO AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO AS A LAW ENFORCEMENT OFFICER.
 
TABLED ITEMS:
 
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 21, 2011: City Council
MINUTES:

 
To Be Posted

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November 7, 2011: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, November 7, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, 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; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, October 17, 2011.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - MARKO
 
PLANNING COMMISSION - WARD
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING
ORDINANCE NO. 2011-80
INTRODUCED BY: ADMIN
 
AN ORDINANCE DECLARING THE NECESSITY OF CONTROLLING THE BLIGHT AND DISEASE OF SHADE TREES WITHIN PUBLIC RIGHTS-OF-WAY AND ON PUBLIC PROPERTY AND PROVIDING FOR PLANTING, MAINTAINING, TRIMMING AND REMOVING SHADE TREES IN AND ALONG THE STREETS OF THE CITY OF LYNDHURST; ESTABLISHING A SINGLE DISTRICT FOR THAT PURPOSE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 727.011 OF THE OHIO REVISED CODE; PROVIDING FOR THE ASSESSMENT OF THE COST OF THOSE SERVICES AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-85
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 2012, AUTHORIZING THE FISCAL OFFICER 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.
 
RESOLUTION NO. 2011-86
INTRODUCED BY: ADMIN
 
A RESOLUTION URGING THE CUYAHOGA COUNTY BOARD OF HEALTH TO PREPARE AND EXECUTE AN APPLICATION FOR MONIES TO FUND THE SAFE ROUTE TO SCHOOLS PROJECT AND DECLARING A SAFETY EMERGENCY IN ORDER TO MEET THE GRANT APPLICATION DEADLINE.
 
TABLED ITEMS:
 
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 7, 2011: City Council
MINUTES:

 
To Be Posted

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 Meetings Convened in October 2011:

October 17, 2011: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, October 17, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, 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; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, October 3, 2011.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - MARKO
 
PLANNING COMMISSION - WARD
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2011-80
INTRODUCED BY: ADMIN
 
AN ORDINANCE DECLARING THE NECESSITY OF CONTROLLING THE BLIGHT AND DISEASE OF SHADE TREES WITHIN PUBLIC RIGHTS-OF-WAY AND ON PUBLIC PROPERTY AND PROVIDING FOR PLANTING, MAINTAINING, TRIMMING AND REMOVING SHADE TREES IN AND ALONG THE STREETS OF THE CITY OF LYNDHURST; ESTABLISHING A SINGLE DISTRICT FOR THAT PURPOSE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 727.011 OF THE OHIO REVISED CODE; PROVIDING FOR THE ASSESSMENT OF THE COST OF THOSE SERVICES AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-81
INTRODUCED BY: ADMIN
 
A RESOLUTION REQUESTING THE COUNTY FISCAL OFFICER TO ADVANCE TAXES FROM THE PROCEEDS OF TAX LEVIES PURSUANT TO OHIO REVISED CODE SECTION 321.34.
 
ORDINANCE NO. 2011-82
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH UNITED SURVEY, INC. FOR THE 2009 SEWER REHABILITATION PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-83
INTRODUCED BY: ADMIN AND ENTIRE COUNCIL
 
A RESOLUTION OPPOSING THE STATE OF OHIO INITIATIVE TO TAKE CONTROL OF MUNICIPAL INCOME TAX COLLECTION, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-84
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO RETAIN TAFT, STETTINIUS & HOLLISTER LLP TO REPRESENT THE CITY AND DECLARING AN EMERGENCY.
 
Correspondence:
 
Ohio Division of Liquor Control for Officers/Shareholders Disclosure for D5I for Gia Lai 101, Inc., dba Gia Lai, 25241 Cedar Road.
 
TABLED ITEMS:
 
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 17, 2011: City Council
MINUTES:

 
To Be Posted

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October 3, 2011: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, October 3, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, 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; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Special Meeting of Council held Monday, September 19, 2011.
 
Approve Minutes of the Regular Meeting of Council held Monday, September 19, 2011.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - MARKO
 
PLANNING COMMISSION - WARD
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
THIRD READING
ORDINANCE NO. 2011-67
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1385.16 OF THE BUILDING AND HOUSING CODE.
 
RESOLUTION NO. 2011-78
INTRODUCED BY: ADMIN
 
A RESOLUTION PROVIDING FOR HALLOWEEN OBSERVANCE UPON THE STREETS AND OUT-OF-DOORS FOR OCTOBER 31, 2011, BETWEEN THE HOURS OF 6:00 P.M. AND 8:00 P.M.
 
RESOLUTION NO. 2011-79
INTRODUCED BY: ADMIN AND ALL MEMBERS OF COUNCIL
 
A RESOLUTION URGING THE CITY OF CLEVELAND AND THE NORTHEAST OHIO REGIONAL SEWER DISTRICT (NEORSD) TO RECONSIDER THE PROPOSED WATER AND SEWER RATE INCREASES AND THE IMPOSITION BY THE NEORSD OF A NEW STORMWATER FEE AND DECLARING AN EMERGENCY.
 
TABLED ITEMS:
 
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 3, 2011: City Council
MINUTES:

 
To Be Posted

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 Meetings Convened in September 2011:

September 19, 2011: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, September 19, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, 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; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Tuesday, September 6, 2011.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - MARKO
 
PLANNING COMMISSION - WARD
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2011-69
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PENN OHIO COAL CO. DBA KIMBLE TRANSFER & RECYCLING FOR THE PROVISION OF SOLID WASTE TRANSFER AND DISPOSAL SERVICES AND DECLARING AN EMERGENCY.
 
SECOND READING
ORDINANCE NO. 2011-67
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1385.16 OF THE BUILDING AND HOUSING CODE.
 
RESOLUTION NO. 2011-70
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-13-101 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. 2011-71
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-14-011 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. 2011-72
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-12-014 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. 2011-73
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 713-02-001 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. 2011-74
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-07-011 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. 2011-75
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-10-047 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. 2011-76
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 713-03-018 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-77
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CITY OF BEDFORD HEIGHTS, OHIO PROVIDING FOR USE BY THE CITY OF THE BEDFORD HEIGHTS CITY JAIL.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2011-03
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2011-03 to grant requested variance to Renew Contracting LLC, an agent for Roland Somerville of 5496 Lansbury Lane, for a variance from Chapter 1160.05 of the Planning and Zoning Code. The applicant requests a 16'8" rear yard variance to allow the erection of a 12' x 12' deck.
 
Correspondence:
 
Ohio Division of Liquor Control for change of corporate stock ownership for C1 and C2 for Krish Ambe Inc., dba Lyndhurst Beverage, 5343 Mayfield Road.
 
TABLED ITEMS:
 
Board of Zoning Appeals:
 
CASE NO. 2011-05
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2011-05 to grant requested variance to Eli Mahler, Architect for Amy Joy Donuts, located at 5211 Mayfield Road, for a variance from Chapter 1168.03 (a)(5) of the Planning and Zoning Code for use of a drive-through window which is prohibited for food establishments. This request would allow Amy Joy Donuts to use the existing drive-through window that the former D O Summers utilized.
 
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 19, 2011: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, September 19, 2011 at 8:04 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, P. A. Ward.
 
Others Present: 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; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
 
Absent: J. M. Cicero, Jr., Mayor.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that reading of the minutes of the Special Meeting of Council held Tuesday, September 6, 2011, 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. Marko, that reading of the minutes of the Regular Meeting of Council held Tuesday, September 6, 2011, 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 was not present at the meeting; therefore, he had no report.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey reported that the Public Lands & Buildings Committee had met at 6:30 p.m. that evening to discuss the Emerald Ash Borer infestation. He described Mr. Glady's presentation of a proposed five-year plan to remove and replace trees which are affected by the Ash Borer. He described that the plan would need to be flexible because the rate of infestation cannot be immediately determined. Mr. Frey further explained that the cost of repairing this situation would be about $160,000 per year over five years, and that formal minutes from the meeting would be forthcoming.
 
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 Marko had no report.
 
PLANNING COMMISSION - Chairman Ward reported that the Planning Commission would not be having a regular meeting for the month.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Stefanie Rhine was present from the Board of Education, and discussed the upcoming Fall Retreat. Ms. Rhine then expressed her disappointment at the State Report Card that came out the previous month, and began to offer an explanation as to why the numbers were so low. She described the 26 indicators, which are based on test scores and attendance. She continued by describing the State's performance index, and that improvement was shown this year from last year. Ms. Rhine then described how students are rated, in that below-average students who improve are given a good rating, and students who test out as accelerated, at the highest level, do not get any extra credit from the State.
 
Ms. Rhine continued by explaining that this is the reason for the poor score this year; that students who were below-achievers actually performed better than the high performers. She stated that because the score was negative, the Board was required to drop in rating. She further stated that this was not a justification for the poor rating, and that they were going to work very hard to increase their rating. Ms. Rhine highlighted bright spots, in that some schools were rated as excellent.
 
Ms. Rhine continued by explaining the AYP (Adequate Yearly Progress), the Federal rating and that it is based on subgroups. In the instance of South Euclid-Lyndhurst, they are divided into minority students, high-poverty students, special-education students, and that they were closing in on having English-as-a-Second-Language students included, as well. She stated that if a student is African-American and poor and they perform well, they get positive points and that if one group fails, every group fails. Ms. Rhine stated that Special Ed. is an area that is continually challenged and needs improvement, included extended interventions after school.
 
Mr. Ward commented that there are too many cooks in the kitchen, those cooks being educators, and that they are doing absolutely nothing to educate the children. He extrapolated by stating that these mandates get sent out with no plan for improvement, and they end up causing a negative effect. He implied that if teachers actually took the time in the classroom to properly educate children, they would produce results that are meaningful in real life. He further stated that teachers need to focus on creating life-long learners rather than robots who can take their stupid tests.
 
Mr. Ward elaborated by stating that the federal government needs to stay out of where they don't belong, that the State and Local governments need to be in control of education. He said that if it takes five years to educate a student, and that it will result in sending that child out into the world with a meaningful skill, it is an accomplishment, and they should be rewarded and acknowledged for that. He described his fear that the dynamic tension between what the State and Federal government are giving credit for is causing strain on what has to be done to accomplish certain things. He stated that at one point or another, there was just a draw as to what was going to give the number, rather than putting the resources where they will be given a result; the result being an educated child, not a number.
 
The meeting was opened to public comment. There was no public comment.
 
Mr. Ward noted that the upcoming Council Coffee event would be on September 24th from 9:00 a.m. until 12:00 Noon at the Lyndhurst Community Center, at Council's expense, and that a city-wide shredding would be offered from the hours of 11:30 a.m. to 3:30 p.m., which is free for Lyndhurst residents.
 
Tom Coste, the owner of Amy Joy Donuts, commented that he was willing to do whatever it takes for Council to approve his use variance.
 
Mr. Marko thanked Service Director Glady for his hard work at Home Days, and that even though there was a lot of rain throughout the weekend, a splendid time was had by all. He also thanked Chief Carroll and Chief Porrello for their touching ceremony on the tenth anniversary of the September 11, 2001 terrorist attacks. Mr. Ward added that the people in the Building and Police Departments were extremely flexible during the entire weekend, and did everything they could to keep things convenient for attendees. Mr. Schlessel thanked Mr. Frey for an incredible, top-notch parade.
 
SECOND READING
ORDINANCE NO. 2011-67
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING SECTION 1385.16 OF THE BUILDING AND HOUSING CODE.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2011-67 be placed on second reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
ORDINANCE NO. 2011-69
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PENN OHIO COAL CO. DBA KIMBLE TRANSFER & RECYCLING FOR THE PROVISION OF SOLID WASTE TRANSFER AND DISPOSAL SERVICES AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-69 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-69 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-69 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-69 is passed.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that the next seven resolutions be combined into one reading, with specific details of said resolutions being highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
 
RESOLUTION NO. 2011-70
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-13-101 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. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-70 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-70 was highlighted by Ms. Lensner, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-70 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.

Resolution No. 2011-70 is adopted.
 
RESOLUTION NO. 2011-71
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-14-011 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. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-71 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-71 was highlighted by Ms. Lensner, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-71 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-71 is adopted.
 
RESOLUTION NO. 2011-72
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-12-014 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. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-72 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-72 was highlighted by Ms. Lensner, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-72 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-72 is adopted.
 
RESOLUTION NO. 2011-73
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 713-02-001 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. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-73 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-73 was highlighted by Ms. Lensner, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-73 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-73 is adopted.
 
RESOLUTION NO. 2011-74
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-07-011 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. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-74 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel. Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-74 was highlighted by Ms. Lensner, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-74 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-74 is adopted.
 
RESOLUTION NO. 2011-75
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-10-047 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. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-75 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-75 was highlighted by Ms. Lensner, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-75 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-75 is adopted.
 
RESOLUTION NO. 2011-76
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 713-03-018 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. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-76 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-76 was highlighted by Ms. Lensner, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-76 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-76 is adopted.
 
ORDINANCE NO. 2011-77
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CITY OF BEDFORD HEIGHTS, OHIO PROVIDING FOR USE BY THE CITY OF THE BEDFORD HEIGHTS CITY JAIL.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-77 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-77 was highlighted by Ms. Lensner, with Sections 3 and 4 being read in their entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-77 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-77 is passed.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2011-03
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2011-03 to grant requested variance to Renew Contracting LLC, an agent for Roland Somerville of 5496 Lansbury Lane, for a variance from Chapter 1160.05 of the Planning and Zoning Code. The applicant requests a 16'8" rear yard variance to allow the erection of a 12' x 12' deck.
 
The findings in Case No. 2011-03 as recorded in the minutes of the meeting of the Board of Zoning Appeals held September 12, 2011 were read by Ms. Lensner.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that the decision of the Board of Zoning Appeals Case No. 2011-03 be confirmed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Case No. 2011-03 confirmed.
 
Correspondence from the Ohio Division of Liquor Control for change of corporate stock ownership for C1 and C2 for Krish Ambe, Inc., dba Lyndhurst Beverage, 5343 Mayfield Road, was noted with no objections.
 
TABLED ITEMS:
 
It was moved by Mr. Marko, seconded by Mr. Ward, that the Board of Zoning Appeals Case No. 2011-05 be removed from tabled status.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Case No. 2011-05 removed from tabled status.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2011-05
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2011-05 to grant requested variance to Eli Mahler, Architect for Amy Joy Donuts, located at 5211 Mayfield Road, for a variance from Chapter 1168.03 (a)(5) of the Planning and Zoning Code for use of a drive-through window which is prohibited for food establishments. This request would allow Amy Joy Donuts to use the existing drive-through window that the former D O Summers utilized.
 
The findings in Case No. 2011-05 as recorded in the minutes of the meeting of the Board of Zoning Appeals held August 8, 2011 were read by Ms. Lensner.
 
It was moved by Mr. Frey, seconded by Mr. Marko, that the decision of the Board of Zoning Appeals Case No. 2011-05 be confirmed.
 
It was moved by Mr. Frey, seconded by Mr. Marko, that Case No. 2011-05 be amended so that the hours of operation for the drive-through be limited to 5:30 a.m. to 11:00 p.m.
 
Mr. Gambatese commented that Amy Joy Donuts should be given 60 to 90 days to comply with any restrictions Council may put upon their use variance, should it be approved. Mr. LoPresti commented that hours of use for the drive-through should not be restricted, as it could be confusing to the customers. He continued, stating that the store being a 24/7 operation anyway means that there will always be traffic in the parking lot, regardless of it being for the drive-through or not, and Mr. Gambatese agreed. Mr. Ward stated that the fence should at least be solid vinyl, not board-on-board, and that that be made a condition of approval.
 
Mr. Schlessel noted that we now have a motion for conditions, being that the drive-through operations be limited from 5:30 a.m. to 11:00 p.m., and that a six-foot vinyl fence be installed.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that the decision of the Board of Zoning Appeals Case No. 2011-05 be confirmed, noting that the restaurant does not serve meals and does not serve anything except food product that is already pre-prepared.
 
Roll Call:
 
Yeas: Fisher, Frey, Marko, Ward, Schlessel.
Nays: Gambatese, LoPresti.
 
Motion carried.
Case No. 2011-05 confirmed.
 
It was moved by Mr. Ward, seconded by Mr. Marko, 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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September 6, 2011: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Tuesday, September 6, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, 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; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, August 1, 2011.
 
SWEARING IN:
 
New Firefighter Matthew Miller.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - MARKO
 
PLANNING COMMISSION - WARD
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING
ORDINANCE NO. 2011-51
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 141.01 OF THE CODIFIED ORDINANCES OF THE CITY.
 
ORDINANCE NO. 2011-61
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. 2011-62
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2011 REPEALING ORDINANCE NO. 2011-26 AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-63
INTRODUCED BY: ADMIN
 
AN ORDINANCE DETERMINING THE PORTIONS OF THE SANITARY SEWER ASSESSMENT TO BE ALLOCATED TO EACH SEWER FUND FOR THE TAX YEAR 2011, IN ACCORDANCE WITH SECTION 925.02(b) OF THE CODIFIED ORDINANCES.
 
ORDINANCE NO. 2011-64
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 TWO SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYER TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-65
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 FISCAL OFFICER.
 
ORDINANCE NO. 2011-66
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH CHAGRIN VALLEY PAVING, INC. FOR THE 2011 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-67
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1385.16 OF THE BUILDING AND HOUSING CODE.
 
ORDINANCE NO. 2011-68
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE GRANTING OF ANY PERMITS ALLOWING THE OPERATION OF INTERNET CAFES IN THE CITY, OR PERMITS ALLOWING BUSINESSES TO DEVOTE FLOOR SPACE TO INTERNET BASED SWEEPSTAKES GAMES IN THE CITY, AND DECLARING AN EMERGENCY.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2011-05
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2011-05 to grant requested variance to Eli Mahler, Architect for Amy Joy Donuts, located at 5211 Mayfield Road, for a variance from Chapter 1168.03 (a)(5) of the Planning and Zoning Code for use of a drive-through window which is prohibited for food establishments. This request would allow Amy Joy Donuts to use the existing drive-through window that the former D O Summers utilized.
 
Correspondence:
 
Ohio Division of Liquor Control for renewal year February 2010-2011 for D2 for Riser Foods Company, dba Giant Eagle 208, 25105 Cedar Road.
 
TABLED ITEMS:
 
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 6, 2011: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Tuesday, September 6, 2011 at 8:04 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; E. Glady III, Director of Service; T. P. Kunz, Building Commissioner; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
 
Absent: M. A. Kovalchik, Director of Finance.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of Council held Monday, August 1, 2011, 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, with Mr. Frey abstaining.
 
The Oath of Office was administered to new firefighter Matthew Miller.
 
MAYOR'S REPORT - Mayor Cicero commented on the recent lightning strikes that crippled the City's dispatch center. He assured everyone that no aspects of the City are in danger, and that everything is being done to repair the system. The Mayor further stated that the system is very old, and steps were being taken to figure out why these strikes incapacitated the City in the manner in which they did.
 
The Mayor commented on the upcoming Home Days celebration, giving his prediction of good weather for the upcoming weekend.
 
FINANCE COMMITTEE - Chairman Ward had no report, but mentioned that there was zero change in the evening's Amended Appropriations Ordinance.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report; however, he called a meeting of the Public Lands & Buildings Committee for September 19th to discuss the infestation of emerald ash borers and the potential hazards they cause. He also stated that an arborist would be present at the meeting to answer any technical questions that may arise.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report. He commented on the Winchester Road Project, saying that he was amazed at how quickly and smoothly the project had progressed. Mr. Schlessel agreed, mentioning the friendliness and professionalism of the workers who were working on the project.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Marko reported that the Legislative Committee had met prior to the meeting to discuss Ordinance No. 2011-68. He stated that the committee was in favor of extending the moratorium that was proposed in the ordinance. Mr. Marko informed Council that it was moved by him, and seconded by Mr. Ward, that Council pass Ordinance No. 2011-68 at the meeting.
 
PLANNING COMMISSION - Chairman Ward had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Mr. Kent had no report.
 
The meeting was opened to public comment.
 
Paul Lidrbauch, 947 Professor Road, read the following letter for Council:
 
"Regarding resurfacing Professor Road from Andersen Road to Ridgebury Road, We, the residents of Professor Road, are angered and appalled by the unsafe, deteriorated condition of the road bed. It affects safe driving, places undue strain on our vehicles, and detracts from the curb appeal (pun unintended) that determines the value of our homes. We want it resurfaced.
 
Yes, we know both cities (Lyndhurst for the eastern half, South Euclid for the western half) have to agree on that repair.
 
We request that the Councils of both cities pass resolutions to effect that common effort - resurfacing the street. Since that will take some time and probably cannot be done this summer season (if only), we are demanding that both cities patch and fill the potholes and cracks in the road bed.
 
We do not want "cold patch". We want the holes, etc. cleaned and "hot patch" and tar applied, so that at the first freeze it won't "pop" out and we'll be back to the crap we have now. Last winter we had speed bumps, now holes.
 
As residents, homeowners, taxpayers and voters we expect the following:
  • Notification from City Council/Mayors that the common resolution to resurface the road has been agreed to by both cities.
  • The patching of the street. It's been at least 15 years since the last repaving. Lyndhurst repeatedly repaves other areas. South Euclid needs to put "our" Professor on the list of streets to be maintained.

  •  
    We, the undersigned, believe our taxes, both real estate and city income taxes, justify the actions outlined above, without assessments added to our tax bills.
     
    The residents of Professor Road."
     
    Mr. Glady addressed the issue, stating that Lyndhurst has been in contact with South Euclid regarding Professor Road. He said that in the past, South Euclid has been unable to step up to the plate regarding the issue; however, with the advent of a new service director, there is hope to get the repairs underway. Mr. Glady explained that there is a problem with only repairing one half of the road, in that there would be a six- to seven-inch difference between the two halves, which is unsafe.
     
    Mr. Frey stated that Mr. Lidrbauch's concern was being addressed, and that people were working very hard to come to a resolution on it. He described conversation that the city engineer and service director had back in the spring, during which the Professor Road issue was discussed at length. He further elaborated, opining that since it is an election year there is hope for this issue t be addressed soon, but that right now we are in a wait-and-see mode.
     
    Mayor Cicero assured Mr. Lidrbauch that the comments and pressure that the Professor Road residents have put on South Euclid has at least gotten them on the list, which is an accomplishment.
     
    Steve Estrin, 957 Professor Road, further elaborated on the aforementioned issue, calling Professor Road the "forgotten street". He claimed that nothing had been done on the road because South Euclid had run itself bankrupt. He said that Lyndhurst has ignored Professor, instead opting to resurface other streets multiple times.
     
    Mr. Ward responded, saying that it was not for lack of effort on Lyndhurst's part, but rather a lack of cooperation from South Euclid, that nothing had been done yet. He described a potential annexing, stating that it would take about six years before anything was done, but that the annexed residents would end up paying less in taxes ultimately.
     
    Dennis Gustavson, 4907 Westbourne Road, distributed and read the following information to Council regarding the 2010-2011 South Euclid-Lyndhurst District Report Card:
     
    "The South Euclid-Lyndhurst District Report Card for the 2010-2011 school year has been released. Our district has dropped to Continuous Improvement, which is a decline from Effective, in which category the district was at the lowest place last year.
     
    The report verifies the following: It is important to say that these scores are based on only 75% of students being proficient in an indicator. The district only met 16 of the 26 indicators at that percentage. The indicators met still show a percentage of our students who are not proficient.
     
    These are the indicators not met:
  • Fourth grade math at 73.2% (26.8% of fourth graders are not proficient).
  • Fifth grade reading at 66.8% (33.2% not proficient), math at 54.2% (45.8% not proficient), science at 57.5% (42.5% not proficient).
  • Seventh grade reading at 73.5% (26.5% not proficient), math at 63.6% (36.4% not proficient).
  • Eighth grade math at 56.8% (43.2% not proficient), science at 54.3% (45.7% not proficient)
  • Tenth and eleventh grade both showed below proficient in science (26.2% not proficient in grade t10 and 20.7% not proficient in grade 11). It is required that a student pass all categories in order to graduate.

  •  
    Adequate Yearly Progress not met. Value-Added Measure below.
     
    Three of our schools have been identified for improvement over time: Brush - three years, Greenview - three years, Memorial - four years. Improvement plans are required when a school is in improvement status. After three or more years, more extensive corrective action is required. Does the district have these plans?
     
    The district has a high incidence of teacher day-to-day vacancy (approximately 340 teachers for school year 2010-2011), which not only costs money but robs the students of a stable education. For these dates in May, 2011, there were substitutes needed: 5/6 - 66, 5/9 - 53, 5/10 - 74, 5/11 - 107, 5/12 - 71, 5/13 - 86.
     
    The most important issue is, of course, the failure of the district to educate all of its students.
     
    However, the status of our community is very much at risk. The status of our schools impacts property values, influx of new residents, and the incidence of crime.
     
    It is time for the city council to involve itself in this very significant problem. The city can reach all of its residents and supply them with accurate, understandable information and work with the Board of Education to bring our district to its responsibility to our children."
     
    Mr. Gustavson also mentioned that since it is very easy to tell whether or not a car parked on the street belongs to a Lyndhurst resident, non-residents should be ticketed.
     
    Elyzabeth DeGiovanni, 5169 Thornbury, had an addendum to Mr. Gustafson's school report. She stated that her grandson, who is learning disabled, was able to pass the OGT in tenth grade, adding that if you cannot pass that test in the tenth grade, you do not need to be in the tenth grade.
     
    Ms. DeGiovanni then asked what the $9,600.00 purchase requisition for Dyson, Schmidlin & Foulds was for. The Mayor explained that it was used for legal representation regarding litigation with the NEORSD. He stated that the issue is still ongoing, and we will be going to trial on October 31st.
     
    Mr. Frey mentioned correspondence that he and Ms. DeGiovanni had regarding a gentleman who had been parking on his front lawn. He informed Ms. DeGiovanni that the man had abandoned his attempt to create an apron on his property and is now parking both of his vehicles in his driveway.
     
    Mr. Ward brought up the Tri-City Senior News, saying that the new look of the publication was very nice and a huge improvement over what they used to do, especially since it is done in-house.
     
    Mr. Schlessel announced that the Council Coffee event will be held on September 24th at 9:00 at the Community Center, and that the community shredding would be held at the same location from 11:30 to 3:30.
     
    SECOND READING
    ORDINANCE NO. 2011-51
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING SECTION 141.01 OF THE CODIFIED ORDINANCES OF THE CITY
     
    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 and that Ordinance No. 2011-51 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-51 was highlighted by Ms. Lensner, with Sections 2 and 3 being read in their entirety.
     
    Mr. Ward stated that Mr. LoPresti had checked out the numbers involved in Ordinance No. 2011-51. He explained that the numbers are correct, temporarily, but an adjustment will need to be made in anticipation of a retirement.
     
    It was moved by Mr. Marko, seconded by Mr. Marko, that Ordinance No. 2011-30 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-51 is passed.
     
    ORDINANCE NO. 2011-61
    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. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-61 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-61 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    Mr. Ward noted that the costs of last year were basically flat, even with the added aspect of the Sprayground. He stated that Ms. Kovalchik and the representative from Jackson, Dieken & Associates worked tirelessly to keep the numbers down; limits of liability have been raised and assets have been added, yet the premiums are staying very aggressive.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-61 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-61 is passed.
     
    ORDINANCE NO. 2011-62
    INTRODUCED BY: ADMINISTRATION
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2011, REPEALING ORDINANCE NO. 2011-26 AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-62 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-62 was highlighted by Ms. Lensner, with Section 11 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-62 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-62 is passed.
     
    ORDINANCE NO. 2011-63
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE DETERMINING THE PORTIONS OF THE SANITARY SEWER ASSESSMENT TO BE ALLOCATED TO EACH SEWER FUND FOR THE TAX YEAR 2011, IN ACCORDANCE WITH SECTION 925.02(b) OF THE CODIFIED ORDINANCES.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-63 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-63 was highlighted by Ms. Lensner, with Sections 2 and 3 being read in their entirety.
     
    Mr. Ward commented that at the last meeting, the rates to be assessed for sewer assessments were approved. He explained that this Ordinance tells everyone how that 100% is to be divided. He extrapolated, saying that the City assesses, invests that money in its infrastructure, and makes improvements not only where it is felt necessary, but where it is told to be necessary. He stated that the City's investments over time in the sewer projects have reduced the incidences of home flooding to almost nothing. Mr. Ward expressed his belief that it is heinous for Lyndhurst residents and business owners be penalized for that investment. He stated that this is what the Council is fighting against - the residents and business owners of Lyndhurst being taken advantage of and having no say-so on how that money is invested.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2011-63 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-63 is passed.
     
    ORDINANCE NO. 2011-64
    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 TWO SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTORCYCLES AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-64 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-64 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-64 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-64 is passed.
     
    RESOLUTION NO. 2011-65
    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 FISCAL OFFICER.
     
    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. 2011-65 be placed on second and third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-65 was highlighted by Ms. Lensner, with Sections 4 and 5 being read in their entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Resolution No. 2011-65 be adopted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-65 is adopted.
     
    ORDINANCE NO. 2011-66
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH CHAGRIN VALLEY PAVING, INC. FOR THE 2011 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-66 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-66 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-66 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-66 is passed.
     
    FIRST READING
    ORDINANCE NO. 2011-67
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING SECTION 1385.16 OF THE BUILDING AND HOUSING CODE.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2011-67 be placed on first reading.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    ORDINANCE NO. 2011-68
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE GRANTING OF ANY PERMITS ALLOWING THE OPERATION OF INTERNET CAFES IN THE CITY, OR PERMITS ALLOWING BUSINESSES TO DEVOTE FLOOR SPACE TO INTERNET BASED SWEEPSTAKES GAMES IN THE CITY, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-68 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-68 was highlighted by Ms. Lensner, with Section 3 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-68 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-68 is passed.
     
    Confirm decision of the Board of Zoning Appeals:
     
    CASE NO. 2011-05
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2011-05 to grant requested variance to Eli Mahler, Architect for Amy Joy Donuts, located at 5211 Mayfield Road, for a variance from Chapter 1168.03 (a)(5) of the Planning and Zoning Code for use of a drive-through window which is prohibited for food establishments. This request would allow Amy Joy Donuts to use the existing drive-through window that the former D O Summers utilized.
     
    The findings in Case No. 2011-05 as recorded in the minutes of the meeting of the Board of Zoning Appeals held August 8, 2011 were read by Ms. Lensner.
     
    Discussion was held concerning the path that cars would take to line up in the drive-through lane. Mr. Murphy stated that Amy Joy representatives suggested that customers drive around the Donato's Pizza part of the building and cut across the back to approach the drive-through window. Mr. Schlessel stated that the owner of the adjacent property was present at the meeting, and had no say in the decision of the path's direction.
     
    Comparisons were made to the Amy Joy stores in Mayfield Heights and South Euclid, with concern being expressed regarding the traffic flow at those stores. The owner not being present at the Council meeting resulted in many unanswered questions regarding that scenario. Mr. Frey expressed that it could take quite a long time for someone at a drive-through who didn't know what they wanted to order a dozen donuts, causing a potential traffic build-up. Mr. Gambatese cited one of the Board's findings -- the volume of traffic would be similar to that of the drive-through -- which was presented as testimony by the owner of Amy Joy.
     
    Mr. Marko raised the issue of how long the drive-through would be open, and if it was going to potentially be open 24/7. Mr. Ward suggested that appropriate hours would be from 6:00 a.m. to 11:00 or 11:30 p.m., which echoes the gas stations' hours of operations. Mr. Murphy noted that that can always be added in by Council. Mr. Ward then mentioned the fact that drive-through restaurants are not allowed in the City, which could pose an issue with this proposed variance.
     
    Mayor Cicero suggested that Council meet in a Special Session to discuss the situation with the drive-through window at Amy Joy Donuts. He stated that since the owner and architect for Amy Joy were not present at the meeting, it would be prudent to gather at a future date for more thorough discussion.
     
    It was moved by Mr. Frey, seconded by Mr. LoPresti, that the Board of Zoning Appeals Case No. 2011-05 be tabled.
     
    The question was put to a voice vote and passed unanimously.
     
    Motion carried.
    Case No. 2011-05 tabled.
     
    Correspondence from the Ohio Division of Liquor Control for renewal year February 2010-2011 for D2 for Riser Foods Company, dba Giant Eagle 208, 25105 Cedar Road, was noted with no objections.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 9:12 P.M.

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     Meetings Convened in August 2011:

    August 1, 2011: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, August 1, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Tuesday, July 5, 2011.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    VICE MAYOR'S REPORT - SCHLESSEL
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - FISHER
     
    LEGISLATIVE COMMITTEE - MARKO
     
    PLANNING COMMISSION - WARD
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    THIRD READING
    ORDINANCE NO. 2011-30
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING SECTION 432.41 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO USE OF EARPHONES WHILE DRIVING AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-44
    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 CONSULTANTS, INC. AS PART OF PARTICIPATION IN SUCH PROGRAM, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-45
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING SECTIONS 925.01 AND 925.02 OF CHAPTER 925 OF THE CODIFIED ORDINANCES TO ESTABLISH A RATE AND CHARGE OF RENTS TO BE PAID FOR THE USE OF THE SYSTEM OF SEWERAGE IN THE CITY OF LYNDHURST FOR TAX YEARS 2011, 2012 AND 2013 AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-46
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE TO PROVIDE FOR THE ASSESSMENT AND MAINTENANCE CHARGE OF THE COST AND EXPENSE OF LIGHTING CERTAIN STREETS, PUBLIC ROADS AND PARTS THEREOF, IN THE CITY OF LYNDHURST FOR THE TAX YEARS 2011, 2012 AND 2013 AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2011-47
    INTRODUCED BY: ADMIN
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LYNDHURST FIREFIGHTERS ASSOCIATION, LOCAL 1676 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AND RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2011-48
    INTRODUCED BY: ADMIN
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (SERVICE DEPARTMENT), AND RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2011-49
    INTRODUCED BY: ADMIN
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (BUILDING DEPARTMENT), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2011-50
    INTRODUCED BY: ADMIN
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (FINANCE DEPARTMENT), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-51
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING SECTION 141.01 OF THE CODIFIED ORDINANCES OF THE CITY.
     
    ORDINANCE NO. 2011-52
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 10 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-53
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2011-13 REGARDING SWIMMING POOL ADMISSION FEES.
     
    ORDINANCE NO. 2011-54
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH KONSTRUCTION KING, INC. FOR THE 2011 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-55
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH KONSTRUCTION KING, INC. FOR THE 2011 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-56
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-57
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 5 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-58
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 6 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-59
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 7 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-60
    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 HOME DAYS FOR 2011 AND DECLARING AN EMERGENCY.
     
    Planning Commission Recommendations:
     
    Recommendation is made to Council to approve the revised plans amending a Cluster House Development located at the Acacia Country Club Estates.
     
    TABLED ITEMS:
     
    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.
     
    August 1, 2011: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, August 1, 2011 at 8:03 P.M., Vice Mayor Lane A. Schlessel, 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: 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. Holtz, Fire Captain; H. J. Lensner, Assistant Clerk of Council.
     
    Absent: D. A. Frey, Council Representative; J. M. Cicero, Jr., Mayor; M. J. Carroll, Chief of Fire; T. P. Kunz, Building Commissioner.
     
    Mr. Schlessel noted that Mr. Frey's absence was expected.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that reading of the minutes of the Regular Meeting of Council held Tuesday, July 5, 2011, 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 was not present at the meeting; therefore, he had no report.
     
    VICE MAYOR'S REPORT - Vice Mayor Schlessel reported that Winchester Road's progress was moving quite fast, and that the traffic pattern in that area had improved greatly.
     
    FINANCE COMMITTEE - Chairman Ward had no report.
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey was not present at the meeting; therefore, he had no report.
     
    ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report; however, he announced the Gates Mills Club Charity Event, which will be occurring on Saturday, August 13th from 1:00 to 5:00.
     
    SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Marko had no report.
     
    PLANNING COMMISSION - Chairman Ward reported that the Planning Commission did meet on Tuesday, July 26th to revisit the Cluster House Development proposal located at the Acacia Country Club Estates. The Commission discussed and reviewed the amended plans, which were quite different from what was presented in June. Mr. Ward stated that wonderful progress was made in workshops that had been held, and that culminated in the Planning Commission's recommendation to Council to approve the plans as they were presented at the meeting.
     
    The meeting was opened to public comment.
     
    Elyzabeth DeGiovanni, 5169 Thornbury, addressed the Building Department regarding an above-ground pool at the southeast corner of Richmond and Thornbury. Ms. DeGiovanni stated that the pool has no fencing around it and was a potential danger to children and animals, describing it as a disaster waiting to happen. Mr. Schlessel stated that he would express her concerns at the next Building Department meeting.
     
    Lynda Gillinov, 5200 Three Village Drive, described a lot that she owns in Lyndhurst that she would like to donate to the City. She distributed information to Members of Council that included the deed to, and photos of, the property, stating that the lot is totally unusable. Ms. Gillinov also said that she has been paying taxes on the lot, and that the current residents of the nearby house take care of it.
     
    Mr. Murphy replied, saying that he had been in contact with Ms. Gillinov regarding the property. He suggested that a logical person to take over the lot would be the individual who is taking care of it.
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Stefanie Rhine described finance issues, stating that the Board was waiting for a decision from the State regarding how much money they were going to receive. She expressed her concern over the $9.4 million deficit that was highlighted in the governor's budget plan. Ms. Rhine said that due to the goodwill of several unions and the administrative staff, the Board had been able to renegotiate contracts, which has been beneficial for the schools.
     
    Ms. Rhine elaborated further, mentioning that they were a recipient of a Race-to-the-Top grant, and that they were one of 46 districts who are receiving additional funds because of innovative programs at the schools. The schools are also receiving a grant through the Farm-to-Fork program, which began last year when fresh salads, fruits and vegetables were brought to the schools.
     
    Ms. Rhine concluded by stating that the results of an August survey would be used to fine tune the goals for the coming school year. She also stated that school would begin on Wednesday, August 24th.
     
    Mr. Marko discussed the upcoming Home Days event, which will be taking place on September 9, 10 and 11, 2011, describing the addition of Lolly the Trolley to the event. Mr. Ward expressed his approval of such an addition, saying that the historic trolley tours and concert in the park would be excellent.
     
    THIRD READING
    ORDINANCE NO. 2011-30
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING SECTION 432.41 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO USE OF EARPHONES WHILE DRIVING 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 and that Ordinance No. 2011-30 be placed on third reading for final passage.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-30 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-30 is passed.
     
    ORDINANCE NO. 2011-44
    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. Ward, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-44 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-44 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2011-44 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-44 is passed.
     
    ORDINANCE NO. 2011-45
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING SECTIONS 925.01 AND 925.02 OF CHAPTER 925 OF THE CODIFIED ORDINANCES TO ESTABLISH A RATE AND CHARGE OF RENTS TO BE PAID FOR THE USE OF THE SYSTEM OF SEWERAGE IN THE CITY OF LYNDHURST FOR TAX YEARS 2011, 2012 AND 2013 AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-45 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-45 was highlighted by Ms. Lensner, with Section 3 being read in its entirety.
     
    Mr. Ward explained that this Ordinance was part of a standard procedure done every three years, and that the sewer assessment is staying the same as it has been over the past three years.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-45 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
     
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-45 is passed.
     
    ORDINANCE NO. 2011-46
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE TO PROVIDE FOR THE ASSESSMENT AND MAINTENANCE CHARGE OF THE COST AND EXPENSE OF LIGHTING CERTAIN STREETS, PUBLIC ROADS AND PARTS THEREOF, IN THE CITY OF LYNDHURST FOR THE TAX YEARS 2011, 2012 AND 2013 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. 2011-46 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-46 was highlighted by Ms. Lensner, with Section 9 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that Ordinance No. 2011-46 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-46 is passed.
     
    RESOLUTION NO. 2011-47
    INTRODUCED BY: ADMINISTRATION
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LYNDHURST FIREFIGHTERS ASSOCIATION, LOCAL 1676 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AND RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-47 be placed on second and third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-47 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Resolution No. 2011-47 be adopted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-47 is adopted.
     
    RESOLUTION NO. 2011-48
    INTRODUCED BY: ADMINISTRATION
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (SERVICE DEPARTMENT), AND RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-48 be placed on second and third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-48 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Fisher, seconded by Mr. Ward, that Resolution No. 2011-48 be adopted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-48 is adopted.
     
    RESOLUTION NO. 2011-49
    INTRODUCED BY: ADMINISTRATION
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (BUILDING DEPARTMENT), AND RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-49 be placed on second and third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-49 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-49 be adopted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-49 is adopted.
     
    RESOLUTION NO. 2011-50
    INTRODUCED BY: ADMINISTRATION
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (FINANCE DEPARTMENT), AND RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-50 be placed on second and third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-50 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Resolution No. 2011-50 be adopted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-50 is adopted.
     
    FIRST READING
    ORDINANCE NO. 2011-51
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING SECTION 141.01 OF THE CODIFIED ORDINANCES OF THE CITY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2011-51 be placed on first reading.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    ORDINANCE NO. 2011-52
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 10 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. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-52 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-52 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that Ordinance No. 2011-52 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-52 is passed.
     
    ORDINANCE NO. 2011-53
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2011-13 REGARDING SWIMMING POOL ADMISSION FEES.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-53 be amended to read, "Single admission fees for non-residents shall be four dollars per person", that it be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-53 was highlighted by Ms. Lensner, with Sections 2 and 3 being read in their entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that Ordinance No. 2011-53 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-53 (Amended) is passed.
     
    Mr. Murphy announced that five of the next six pieces of legislation contained minor changes and explained said changes. He further stated that all of the Ordinances had been corrected prior to the meeting.
     
    ORDINANCE NO. 2011-54
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH KONSTRUCTION KING, INC. FOR THE 2011 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-54 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-54 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-54 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-54 is passed.
     
    ORDINANCE NO. 2011-55
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH KONSTRUCTION KING, INC. FOR THE 2011 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-55 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-55 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-55 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-55 is passed.
     
    ORDINANCE NO. 2011-56
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-56 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-56 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-56 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-56 is passed.
     
    ORDINANCE NO. 2011-57
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 5 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-57 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-57 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-57 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-57 is passed.
     
    ORDINANCE NO. 2011-58
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 6 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-58 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-58 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-58 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-58 is passed.
     
    ORDINANCE NO. 2011-59
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 7 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-59 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-59 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-59 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-59 is passed.
     
    ORDINANCE NO. 2011-60
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE PARTIALLY SUSPENDING THE RULES AND REGULATIONS REGARDING THE SALE, POSSESSION AND CONSUMPTION OF BEER AND WINE AT THE LYNDHURST HOME DAYS FOR 2011 AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-60 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-60 was highlighted by Ms. Lensner, with Section 3 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-60 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-60 is passed.
     
    Approve Recommendation of the Planning Commission:
     
    Recommendation is made to Council to approve the revised plans amending a Cluster House Development located at the Acacia Country Club Estates.
     
    Mr. Fisher addressed Mr. Ward, asking if any residents had complained about the proposal or if they liked what they saw. Mr. Ward explained the distribution of the duplex units, stating that the original plan called for 17 units, while the revised plan calls for 18. Mr. Ward further stated that one disagreement was regarding the definition of a single-family home. He said that each of these units is on an individually-deeded lot, and that there was an agreement to disagree on that one point. Mr. Ward expressed his hope that this will enable the project to get off the ground, and ultimately he believed the residents liked what they saw.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Council approve the recommendation of the Planning Commission with regard to the revised plans amending a Cluster House Development located at the Acacia Country Club Estates.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
     
    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 8:48 P.M.

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     Meetings Convened in July 2011:

    July 5, 2011: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Tuesday, July 5, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Special Meeting of Council held Tuesday, June 6, 2011.
     
    Approve Minutes of the Regular Meeting of Council held Tuesday, June 6, 2011.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - FISHER
     
    LEGISLATIVE COMMITTEE - MARKO
     
    PLANNING COMMISSION - WARD
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    SECOND READING
    ORDINANCE NO. 2011-30
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING SECTION 432.41 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO USE OF EARPHONES WHILE DRIVING AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-38
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE ADOPTING THE 2012 TAX BUDGET AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-39
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 143 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "FIRE DEPARTMENT" BY ENACTING SECTION 143.05 REGARDING MAXIMUM AGE OF APPOINTEES, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-40
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE CITY OF SOUTH EUCLID, OHIO FOR THE SALE OF A 1980 FORD L8000 LEAF TRUCK AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-41
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE RATIFYING THE ACTION OF THE CLERK OF COUNCIL TO READVERTISE FOR BIDS FOR THE SALE BY INTERNET AUCTION OF SIX (6) 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. 2011-42
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH CHAGRIN VALLEY PAVING, INC. FOR THE 2011 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2011-43
    INTRODUCED BY: ADMIN
     
    A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO KATHY LOMBARDO FOR SERVICE RENDERED FOR, TO AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO AS A MEMBER OF THE POLICE DEPARTMENT.
     
    Confirm decision of the Board of Zoning Appeals:
     
    CASE NO. 2011-02
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2011-02 to deny requested variance to Joshua Wyatt of 1254 Blanchester Road, from the provisions of Section 1160.04 (a) (2) A & B of the Planning and Zoning Code, to permit parking and/or storing of a commercial vehicle outside at any time in plain view.
     
    Correspondence:
     
    Ohio Division of Liquor Control for change of corporate stock ownership for C1 and C2 for Laxmi Ma, Inc., dba Lyndhurst Beverage, 5343 Mayfield Road.
     
    REQUEST AUTHORIZATION TO ADVERTISE FOR BIDS:
     
    Electronic sign.
     
    TABLED ITEMS:
     
    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.
     
    July 5, 2011: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Tuesday, July 5, 2011 at 8:07 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; R. F. Porrello, Chief of Police; H. J. Lensner, Assistant Clerk of Council.
     
    Absent: F. E. Glady III, Director of Service; T. P. Kunz, Building Commissioner; M. A. Kovalchik, Director of Finance.
     
    It was moved by Mr. Ward, seconded by Mr. Frey, that reading of the minutes of the Special Meeting of Council held Monday, June 6, 2011, 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, with Mr. Marko abstaining.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that reading of the minutes of the Regular Meeting of Council held Monday, June 6, 2011, 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, with Mr. Marko abstaining.
     
    MAYOR'S REPORT - Mayor Cicero reported that the soft opening for the splash park went very well, and that the official grand opening for the park is on Sunday, July 10th at noon, with free admission. Refreshments will be provided courtesy of the City and coordinated by Mr. Ward, Mr. Schlessel and Mr. Frey. The Mayor congratulated Council on a job well done with the park, saying that it is a success and Council should be proud.
     
    The Mayor also reported on his recent trip to San Francisco, where he attended a Homeland Security conference. He revealed that the Northeast Ohio area is in jeopardy of losing its Urban Area Safety Initiative monies. The committee the mayor is on for Northeast Ohio helps maintain the proper usage of those monies for protection of our area from terrorist attacks and natural disasters. The Mayor further stated that Congress has made it pretty obvious that those funds will be diminished in about a year. Mayor Cicero asked the Lyndhurst residents to follow all of this to see how it pans out.
     
    Mr. Schlessel mentioned that although it is not a current agenda item, hopefully it would become one soon, and began to give a Vice-Mayor's Report. Mr. Schlessel thanked Mr. Glady and Mr. Frey for doing such a great job spearheading the Sprayground project over the previous few years.
     
    FINANCE COMMITTEE - Chairman Ward had no report.
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report, but declared his excitement for the coming Sprayground grand opening.
     
    ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report; however, he noted that the Winchester Road project was underway and should be ongoing for the next 75 days, according to the posted signage.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report.
     
    SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
     
    LEGISLATIVE COMMITTEE - Mr. Marko informed Council that the Legislative Committee had met that evening prior to the meeting to discuss Ordinance No. 2011-30. He described how he would like to change some of its verbiage to better achieve its intended goals. He stated that the Committee discussed at length what the purposes of the ordinance are, with some Members of Council expressing some opposition to it passing. Chief Porrello mentioned that the ordinance should keep up with today's technology to include cell phones, iPods, anything that would potentially distract a driver from hearing emergency vehicles. It was motioned by Mr. Frey and seconded by Mr. Ward to adopt Ordinance No. 2011-30, and recommended to Council for adoption. The meeting was adjourned at 7:52.
     
    PLANNING COMMISSION - Mr. Ward reported that the Planning Commission did meet on Thursday, June 23rd to address two agenda items. The first was regarding the development of River Creek on Richmond Road. River Creek asked permission to change from a planned duplex to the possibility of a single unit on the same subdivided lot. That matter was recommended by the Planning Commission for approval. The second item was relative to Acacia Country Club Estates. The applicant wanted to increase the density, increase the number of duplexes. All of those duplexes would be on the Winchester side of Eagle Point Drive, which was not something that the Planning Commission was in favor of at the time that the initial plat was approved. It was stipulated that no duplexes would be allowed on that side. The matter was tabled, and the Planning Commission will meet again in workshop session to further that discussion.
     
    Mr. Ward noted that since the recommendation from the Planning Commission wasn't on the agenda, he would like to add it to confirm its decision.
     
    It was moved by Mr. Ward, seconded by Mr. Frey, that the recommendation from the Planning Commission be added to the agenda.
     
    Mr. Schlessel noted that since there was no representative present from the South Euclid-Lyndhurst Board of Education, and that since school is not currently in session, they will be re-added to the agenda for September's meeting.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Resolution No. 2011-43 be moved to the front of the ordinances for the evening's meeting.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    The meeting was opened to public comment.
     
    Richard Clark, of 5347 Chickadee Lane, remarked that he comes to Council meetings to listen to the questions that are asked and the answers that are given to said questions. He stated that he likes to determine whether a question is being answered accurately or if the point of a question is being diverted. Mr. Clark mentioned an incident at a meeting two months prior, when other citizens raised questions about some of the verbiage used in an ordinance. He elaborated by stating that while he understands that negotiations can be difficult, the people elected to do these negotiations were elected because they are the most trusted of neighbors. Mr. Clark said that all negotiations need to have the full package examined so that everyone understands the cost to the taxpayers and the benefits given to employees.
     
    Elizabeth DeGiovanni, of 5169 Thornbury Road, inquired as to why things on the agenda are declared as emergencies. Mr. Murphy explained that not everything is an emergency, but emergency clauses are included at the request of whoever is requesting the legislation. He further elaborated that the emergency clause allows for the legislation to be passed immediately, upon the approval of five members of Council. Mr. Ward stated that the emergency clauses in each piece of legislation explain why that particular legislation is deemed to be an emergency. Mayor Cicero explained the procedure for ordinances being put on first, second, and third readings. Ms. DeGiovanni questioned why something on second reading would still be considered an emergency; Mr. Schlessel responded by saying that the emergency has nothing to do with the number of readings.
     
    Dennis Gustafson, of 4907 Westbourne Road, commented that in industry, an emergency is when life, limb or property is in danger, and that is when the term "emergency" is to be used. Upon asking why the verbiage cannot be changed to "urgent" or something similar, Mr. Murphy explained that it is State Law to refer to it as an emergency. Mr. Gustafson then inquired as to the limit on weed growth around one's house, and was told by Mr. Schlessel that the limit is eight inches. Mr. Gustafson mentioned that he had complained about one of his neighbors' weed problems in the past, and was then instructed by Mr. Murphy on the procedure for nuisance abatement.
     
    RESOLUTION NO. 2011-43
    INTRODUCED BY: ADMINISTRATION AND ALL MEMBERS OF COUNCIL
     
    A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO KATHY LOMBARDO FOR SERVICE RENDERED FOR, TO AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO AS A MEMBER OF THE POLICE DEPARTMENT.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-43 be placed on second and third reading for final adoption and that it be read in its entirety.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-43 was read in its entirety by Ms. Lensner.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-43 be adopted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-43 is adopted.
     
    SECOND READING
    ORDINANCE NO. 2011-30
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING SECTION 432.41 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO USE OF EARPHONES WHILE DRIVING AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2011-30 be placed on second reading.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    ORDINANCE NO. 2011-38
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE ADOPTING THE 2012 TAX AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-38 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-38 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2011-38 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-38 is passed.
     
    ORDINANCE NO. 2011-39
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING CHAPTER 143 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "FIRE DEPARTMENT" BY ENACTING SECTION 143.05 REGARDING MAXIMUM AGE OF APPOINTEES, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-39 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-39 was highlighted by Ms. Lensner, with Section 3 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-39 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-39 is passed.
     
    ORDINANCE NO. 2011-40
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE CITY OF SOUTH EUCLID, OHIO FOR THE SALE OF A 1980 FORD L8000 LEAF TRUCK AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-40 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-40 was highlighted by Ms. Lensner, with Section 3 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-40 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-40 is passed.
     
    ORDINANCE NO. 2011-41
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE RATIFYING THE ACTION OF THE CLERK OF COUNCIL TO READVERTISE FOR BIDS FOR THE SALE BY INTERNET AUCTION OF SIX (6) 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. LoPresti, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-41 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-41 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-41 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-41 is passed.
     
    ORDINANCE NO. 2011-42
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH CHAGRIN VALLEY PAVING, INC. FOR THE 2011 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-42 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-42 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-42 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-42 is passed.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that the recommendation of the Planning Commission with regard to redefining the plat for the River Creek development be approved.
     
    The question was put to a voice vote and passed unanimously.
     
    Confirm decision of the Board of Zoning Appeals:
     
    CASE NO. 2011-02
    Recommendation is made to Council to confirm the decision of the Board in Case No. 2011-02 to deny requested variance to Joshua Wyatt of 1254 Blanchester Road, from the provisions of Section 1160.04 (a) (2) A & B of the Planning and Zoning Code, to permit parking and/or storing of a commercial vehicle outside at any time in plain view.
     
    The findings in Case No. 2011-02 as recorded in the minutes of the meeting of the Board of Zoning Appeals held June 13, 2011 were read by Ms. Lensner.
     
    Mr. Murphy explained that Mr. Wyatt and his attorney would be provided an opportunity to explain their view on why the decision of the Board of Zoning Appeals should be reversed, and that anyone in the audience was welcome to make a statement, as well.
     
    Joshua Wyatt, of 1254 Blanchester Road, explained his personal situation and why he desired to keep his work vehicle in his driveway. He testified that his work vehicle is a good-looking truck with a toolbox on the back, and that he previously had no issues with the truck being in plain sight when he moved there in 2008. He stated that the truck is too large to fit inside his garage and that is the reason for it being in his driveway. Mr. Wyatt explained that there is only one other vehicle in his family, and since he and his wife both work, he needed to have access to his work vehicle to get to and from work, which is located in Chardon.
     
    Mr. Wyatt explained that he was able, for a short time in 2010, to park his work vehicle at a local lumberyard, walk there, drive to work, and leave it there overnight. He stated that he is no longer permitted to park his truck there, due to parking restrictions. He mentioned the location of his truck in his driveway, which is an apron off to the side of the driveway. Mr. Wyatt also testified that he went to every house on his street, talking to people or leaving letters, and that the great majority of responses were in favor of him being allowed to keep his work vehicle on his property. He concluded by stating that he keeps his truck in a clean condition, it is something he prides himself on, and that this issue was a very big deal for him.
     
    Dennis Gustafson, of 4907 Westbourne Road, recalls there always being some kind of an ordinance in Lyndhurst regarding commercial vehicles. He stated that the only reason Mr. Wyatt wants to bring his work vehicle home is so he would not have to buy another vehicle. He extrapolated on that, stating that he would have loved to have a commercial vehicle when he was younger and not have to worry about putting gas in it, but that he had to have two vehicles of his own for similar reasons as Mr. Wyatt.
     
    E. Dale Inkley, of 5126 East Farnhurst Road, opined that commercial vehicles parked in driveways make Lyndhurst look less attractive, and he would not like to have one parked next door to his house. He stated that approval of this variance would open the door for others to make the same request, and they may not be well-cared for, polished vehicles. Mr. Inkley stated that after he attended the meeting of the Board of Zoning Appeals, he walked the distance from Mr. Wyatt's home to the lumberyard where he had parked his truck, and it did not take the purported hour to walk; rather, it took him twelve minutes. Mr. Inkley concluded by saying that no special circumstances justify a variance from the ordinance, and suggested that a good solution would be to store the work vehicle in a local area, as was previously done by Mr. Wyatt in the local lumberyard. He then urged Council to confirm the decision made by the Board of Zoning Appeals to keep Lyndhurst an attractive community.
     
    Elizabeth DeGiovanni, of 5169 Thornbury Road, stated that there is a man who parks a commercial vehicle right on his front lawn, on Richmond Road. She opined that if he can park on his front lawn on a main road, then Mr. Wyatt can park his truck in his own driveway.
     
    Attorney Simon Johnson, of 1678 Algiers Drive, Mayfield Heights, addressed the "slippery slope" concern that was raised by a couple of people, mentioning a variance that was granted a few years prior. He stated that his client has already suffered hardship in this situation and doesn't need to go through any more.
     
    Mr. Ward stated that although a variance had been granted in the past, it has no bearing on the current issue. He stated that he examined the ordinances from all surrounding cities and that they are at least as stringent as Lyndhurst's. He further stated that the inconsistency from which the City of Lyndhurst suffers is driveway size, and that some driveways aren't even as long as the vehicle in issue. He believes that the ordinance was designed for a very good reason, and that while Mr. Wyatt's vehicle may not be as noticeable as some others may be, it is a slippery slope, and if Council starts granting variances and nipping away at the viability of ordinances, they won't be able to differentiate between a well-kept truck and a not-so-well-kept truck. He concluded by expressing an understanding of Mr. Wyatt's hardship, but that other accommodations should be made in this situation.
     
    Mr. Frey asked Mr. Wyatt some questions about his truck, learning that the truck is white with black lettering. Mr. Wyatt then offered some photographs of his truck that he had taken. Mr. Frey further inquired as to what Mr. Wyatt's closest neighbors had to say about the work vehicle being in his driveway. Mr. Wyatt informed Council that on the whole street, there were maybe one or two people not in favor of supporting his variance request. He further explained that regarding his abutting neighbors, the one directly across the street was unavailable but that the neighbors on either side of that house were highly in favor, and also the neighbors on either side of Mr. Wyatt's house were highly in favor. He then explained that he could no longer park his truck at the lumberyard upon request from the lumberyard, and he did not know the reason why.
     
    Mr. Gambatese stated that he had received calls regarding this issue, since it is taking place in his ward. He said that some calls were in favor of the variance, and others were against it. He also mentioned that everyone, for or against, did understand the circumstances of the situation.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Council confirm the decision of the Board of Zoning Appeals in Case No. 2011-02, and that enforcement be delayed for 45 days to enable My. Wyatt to find suitable storage for his vehicle.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion denied.
     
    Correspondence from the Ohio Division of Liquor Control for change of corporate stock ownership for C1 and C2 for Laxmi Ma, Inc., dba Lyndhurst Beverage, 5343 Mayfield Road was noted with no objections.
     
    In response to request for same, it was moved by Mr. LoPresti, seconded by Mr. Ward, that the Clerk be and she is hereby authorized and directed to advertise for bids for the Electronic Sign.
     
    The question was put to a voice vote and passed unanimously.
     
    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 9:04 P.M.

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     Meetings Convened in June 2011:

    June 6, 2011: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, June 6, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Special Meeting of Council held Monday, May 16, 2011.
     
    Approve Minutes of the Regular Meeting of Council held Monday, May 16, 2011.
     
    SWEARING IN:
     
    New Patrolman Robert Papp;
     
    New Patrolman Vito Silvestro.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - FISHER
     
    LEGISLATIVE COMMITTEE - MARKO
     
    PLANNING COMMISSION - WARD
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    ORDINANCE NO. 2011-29
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2011-25 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATE OF PAY FOR NON-BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, INCLUDING MEMBERS OF BOARDS AND COMMISSIONS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2011-25 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-30
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING SECTION 432.41 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO USE OF EARPHONES WHILE DRIVING AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-31
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 1335 OF THE CODIFIED ORDINANCES OF THE CITY TITLES "EROSION AND SEDIMENT CONTROL" AND DECLARING AN EMERGENCY,
     
    ORDINANCE NO. 2011-32
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 1337 OF THE CODIFIED ORDINANCES OF THE CITY TITLED "COMPREHENSIVE STORM WATER MANAGEMENT" AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-33
    INTRODUCED BY: COUNCILMAN SCHLESSEL
     
    AN ORDINANCE PROVIDING FOR THE COMPENSATION OF THE MAYOR FOR THE TERM COMMENCING ON JANUARY 1, 2012 AND CONTINUING THEREAFTER, AND AMENDING ORDINANCE NO. 2007-50 (AMENDED).
     
    ORDINANCE NO. 2011-34
    INTRODUCED BY: COUNCILMAN SCHLESSEL
     
    AN ORDINANCE PROVIDING FOR THE COMPENSATION OF CERTAIN MEMBERS OF COUNCIL FOR THE TERM COMMENCING ON JANUARY 1, 2012 AND CONTINUING THEREAFTER, AND AMENDING ORDINANCE NO. 2007-51 (AMENDED).
     
    ORDINANCE NO. 2011-35
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2011-36
    INTRODUCED BY: ADMIN
     
    A RESOLUTION DECLARING IT NECESSARY TO CONSTRUCT OR REPAIR SIDEWALKS WITHIN THE MUNICIPAL CORPORATION BY THE OWNERS OF THE LOTS AND LANDS ABUTTING THEREON AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2011-37
    INTRODUCED BY: ADMIN
     
    A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO OFFICER ROBERT SEDLAK FOR SERVICE RENDERED FOR, TO AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO AS A LAW ENFORCEMENT OFFICER.
     
    REQUEST AUTHORIZATION TO ADVERTISE FOR BIDS:
     
    2011 Sidewalk Repair Program.
     
    TABLED ITEMS:
     
    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.
     
    June 6, 2011: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, June 6, 2011 at 8:03 P.M., Vice Mayor Lane A. Schlessel, presiding.
     
    Members Present:
    Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, L. A. Schlessel, P. A. Ward.
     
    Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; M. J. Carroll, Chief of Fire; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; R. F. Porrello, Chief of Police; J. C. Borton, Assistant Clerk of Council; H. J. Lensner, Acting Assistant Clerk of Council.
     
    Absent: Joseph A. Marko, Council Representative; 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, May 16, 2011, 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. Frey, that reading of the minutes of the Regular Meeting of Council held Monday, May 16, 2011, 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.
     
    The Oath of Office was administered to newly-promoted Patrolmen Vito Silvestro and Robert Papp.
     
    It was moved by Mr. Ward, seconded by Mr. Frey, that Resolution No. 2011-37 be moved in the Agenda so the police officers in attendance would not have to sit through the entire meeting.
     
    The question was put to a voice vote and passed unanimously.
     
    RESOLUTION NO. 2011-37
    INTRODUCED BY: ADMINISTRATION
     
    A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO OFFICER ROBERT SEDLAK FOR SERVICE RENDERED FOR, TO AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO AS A LAW ENFORCEMENT OFFICER.
     
    It was moved by Mr. Ward, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-37 be placed on second and third reading for final passage and that it be read in its entirety.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-37 was read by Ms. Lensner in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Frey, that Resolution No. 2011-37 be adopted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-37 is adopted.
     
    MAYOR'S REPORT - Mayor Cicero welcomed Boy Scout Troop 424 to the meeting and thanked them for their attendance. The Mayor then commented on his recent trip to the South Central Asian country of Kyrgyzstan, expressing that it was quite enlightening and made him realize how lucky we are in our country for everything that we have. He thanked Mr. Schlessel very much for running the City while he was gone, and hinted that he will soon have a blog and/or slideshow of his adventure.
     
    FINANCE COMMITTEE - Chairman Ward had no report.
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report. He mentioned that he had spoken with the Service Director earlier in the day with regards to the progress of the Brainard Sprayground. Mr. Frey indicated that most of the concrete had been poured, the equipment installation has begun, and the projected date for a soft opening is the July 4th weekend. In response to Mr. Ward's inquiry regarding a celebration of the opening, Mr. Frey stated that the Mayor said he had something under his hat.
     
    ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report. He stated that he will be planning a meeting to discuss personnel to be held, potentially, in one week's time.
     
    SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
     
    PLANNING COMMISSION - Mr. Ward had no report.
     
    Mr. Schlessel noted that since there was no representative present from the South Euclid-Lyndhurst Board of Education, that report would be skipped.
     
    The meeting was opened to public comment.
     
    Marsha Tucker, 1955 Camberly, told Council that she is a new resident of Lyndhurst and very impressed with the community. She thanked Mr. Schlessel for being responsive to the concerns she has had on her street. Ms. Tucker further elaborated, describing a health issue she experienced. She wished to thank the Police Chief and his staff for their compassion when she called 911 and needed transportation to the hospital. The Mayor informed Ms. Tucker that Fire Chief Carroll is the boss of those men; she then thanked the Fire Chief.
     
    ORDINANCE NO. 2011-29
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2011-25 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR NON-BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, INCLUDING MEMBERS OF BOARDS AND COMMISSIONS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2011-25 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-25 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-29 was highlighted by Ms. Lensner, with Section 14 being read in its entirety.
     
    It was moved by Mr. Frey, seconded by Mr. Gambatese, that Ordinance No. 2011-29 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-29 is passed.
     
    FIRST READING
    ORDINANCE NO. 2011-30
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING SECTION 432.41 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO USE OF EARPHONES WHILE DRIVING AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2011-30 be placed on first reading.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2011-30 be referred to the Legislative Committee.
     
    The question was put to a voice vote and passed unanimously.
     
    ORDINANCE NO. 2011-31
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING CHAPTER 1335 OF THE CODIFIED ORDINANCES OF THE CITY TITLED "EROSION AND SEDIMENT CONTROL" AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-31 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-31 was highlighted by Ms. Lensner, with Sections 2 and 3 being read in their entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-31 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-31 is passed.
     
    ORDINANCE NO. 2011-32
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING CHAPTER 1337 OF THE CODIFIED ORDINANCES OF THE CITY TITLED "COMPREHENSIVE STORM WATER MANAGEMENT" 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 Ordinance No. 2011-32 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-32 was highlighted by Ms. Lensner, with Sections 2 and 3 being read in their entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-32 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-32 is passed.
     
    ORDINANCE NO. 2011-33
    INTRODUCED BY COUNCILMAN SCHLESSEL
     
    AN ORDINANCE PROVIDING FOR THE COMPENSATION OF THE MAYOR FOR THE TERM COMMENCING ON JANUARY 1, 2012 AND CONTINUING THEREAFTER, AND AMENDING ORDINANCE NO. 2007-50 (AMENDED).
     
    It was moved by Mr. Ward, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-33 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-33 was highlighted by Ms. Lensner, with Sections 4 and 5 being read in their entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Fisher, that Ordinance No. 2011-33 be passed.
     
    Mr. Ward commented that both Ordinance Nos. 2011-33 and 2011-34 do not change the salaries of said positions, noting that a zero percent change had been maintained in both regards.
     
    Mr. Gambatese expressed his concern regarding the Mayor's salary, stressing that his statements were not a personal attack and that he had no hidden, personal or political agenda. He stated that in a four-year period, the Mayor's salary has had a 50.73% increase. Mr. Gambatese described his relationship with the Mayor, saying that they'd never be the best of friends; however, the City's best interests would always be put first. He further elaborated by touching on several points regarding the City's financial state, including the City's flat tax, the State's desire to take away estate tax in 2013, and the opinions of Lyndhurst residents. Mr. Gambatese concluded by encouraging further examination into the ordinance before a final vote.
     
    Mr. Ward stated that there had already been adequate time to present any positions regarding this ordinance, and that due to time constraints it should not be discussed further. He noted that while it was all well and good to pontificate about the matter, no one pontificated when the Council summarily reduced the Mayor's pay by $30,000. Mr. Ward concluded by stating that everyone has had to work harder, including and especially the Mayor, and that he expects the Mayor will earn his pay.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Ward, LoPresti, Schlessel.
    Nays: Gambatese.
     
    Motion carried.
    Ordinance No. 2011-33 is passed.
     
    ORDINANCE NO. 2011-34
    INTRODUCED BY: COUNCILMAN SCHLESSEL
     
    AN ORDINANCE PROVIDING FOR THE COMPENSATION OF CERTAIN MEMBERS OF COUNCIL FOR THE TERM COMMENCING ON JANUARY 1, 2012 AND CONTINUING THEREAFTER, AND AMENDING ORDINANCE NO. 2007-51 (AMENDED).
     
    It was moved by Mr. Ward, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-34 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-34 was highlighted by Ms. Lensner, with Sections 4 and 5 being read in their entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-34 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-34 is passed.
     
    ORDINANCE NO. 2011-35
    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. LoPresti, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-35 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-35 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-35 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-35 is passed.
     
    RESOLUTION NO. 2011-36
    INTRODUCED BY: ADMINISTRATION
     
    A RESOLUTION DECLARING IT NECESSARY TO CONSTRUCT OR REPAIR SIDEWALKS WITHIN THE MUNICIPAL CORPORATION BY THE OWNERS OF THE LOTS AND LANDS ABUTTING THEREON AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-36 be placed on second and third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-36 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Resolution No. 2011-36 be adopted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-36 is adopted.
     
    In response to request for same, it was moved by Mr. Ward, seconded by Mr. LoPresti, that the Clerk be and she is hereby authorized and directed to advertise for bids for the 2011 Sidewalk Repair Program.
     
    The question was put to a voice vote and passed unanimously.
     
    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 8:40 P.M.

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     Meetings Convened in May 2011:

    May 16, 2011: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, May 16, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; J. C. Borton, Assistant Clerk of Council; H. J. Lensner, Acting Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Special Meeting of Council held Monday, May 2, 2011.
     
    Approve Minutes of the Regular Meeting of Council held Monday, May 2, 2011.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - FISHER
     
    LEGISLATIVE COMMITTEE - MARKO
     
    PLANNING COMMISSION - WARD
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    ORDINANCE NO. 2011-25
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2009-65 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR NON-BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, INCLUDINGMEMBERS OF BOARDS AND COMMISSIONS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2009-65 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-26
    INTRODUCED BY: ADMIN
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2011, REPEALING ORDINANCE NO. 2011-14 AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2011-27
    INTRODUCED BY: ADMIN
     
    A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO JOANNE BORTON FOR SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO AS DEPUTY CLERK OF COUNCIL.
     
    ORDINANCE NO. 2011-28
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BY NEWSPAPER PUBLICATION OR INTERNET AUCTION OF FOUR SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES AND DECLARING AN EMERGENCY.
     
    TABLED ITEMS:
     
    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.
     
    May 16, 2011: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, May 16, 2011 at 8:03 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; R. F. Porrello, Chief of Police; J. C. Borton, Assistant Clerk of Council; H. J. Lensner, Acting Assistant Clerk of Council.
     
    Absent: T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that reading of the minutes of the Special Meeting of Council held Monday, May 2, 2011, 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.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that reading of the minutes of the Regular Meeting of Council held Monday, May 2, 2011, 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.
     
    MAYOR'S REPORT - Mayor Cicero commented on his upcoming voyage to the South Central Asian country of Kyrgyzstan. He thanked Mr. Schlessel for acting as mayor in his stead, and noted his appreciation to all Council Members for their cooperation. Mr. Schlessel thanked Mayor Cicero and wished him safe travels.
     
    FINANCE COMMITTEE - Chairman Ward had no report.
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report. He discussed with Mr. Glady the progress of the Brainard Sprayground. It was noted that the completion of the project would be further delayed due to inclement weather, and the contractor had asked for another extension.
     
    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 Marko had no report.
     
    PLANNING COMMISSION - Mr. Ward had no report.
     
    The meeting was opened to public comment.
     
    E. Dale Inkley, 5126 East Farnhurst, stated that he had read a newspaper article regarding the $750,000 cost of the Sprayground. It was explained by Mr. Ward and the Mayor that there were several components to the project, including the pool demolition, the cement, installation of the equipment and more, the cost of which was funded through a $650,000 bond and other on-hand cash.
     
    George DiSanto, 1960 Caronia Drive, representing the Alberta Park Estates Homeowners' Association, expressed great concern about the increased traffic on Brainard Road between Cedar and Mayfield. Mr. DiSanto went into great detail about the problems that Alberta Park residents have exiting the development, no matter the time of day. He went on to describe issues with the ingress and egress of Brainard Road preventing proper visibility for motorists, and the increase in semi-truck and tractor-trailer traffic.
     
    Mr. DiSanto further extrapolated, bringing up the subject of the new Brainard Park Sprayground and his concern for the safety of children who intend to visit the facility. Mayor Cicero informed Mr. DiSanto that the Traffic Lieutenant and he would get together to discuss their potential options.
     
    Dennis Gustafson, 2907 Westbourne, informed Members of Council of his disappointment that none of them had attended the recent South Euclid-Lyndhurst Board of Education meeting. He also inquired as to the verbiage "longevity compensation" that was used in Ordinance No. 2011-5. Mrs. Kovalchik explained that longevity compensation is a premium of two to five percent that is added to an employee's salary, based on the length of time said employee has worked for the City of Lyndhurst. Mayor Cicero added that this was part of the Collective Bargaining Agreements.
     
    Mr. Ward presented the annual Mayor-Council Scholarship to Sonia Nagpaui, a Brush High School student. Miss Nagpaui has been active in various community and school affairs, including Key Club, Spanish Club, Taste of Hillcrest, Lyndhurst Home Days, and Orchestra, all while maintaining a 3.1 grade point average. She will be attending Cleveland State University this fall, and was wished well by all Members of Council and the Mayor.
     
    Mr. Ward reminded Members of Council of the Hillcrest Council of Council's breakfast meeting to be held Saturday, May 21, 2011 at 700 Beta Drive; the topic of discussion being Ohio Senate Bill 5.
     
    ORDINANCE NO. 2011-25
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2009-65 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR NON-BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, INCLUDING MEMBERS OF BOARDS AND COMMISSIONS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2009-65 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-25 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-25 was highlighted by Ms. Lensner, with Section 14 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-25 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, LoPresti, Ward, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-25 is passed.
     
    ORDINANCE NO. 2011-26
    INTRODUCED BY: ADMINISTRATION
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2011, REPEALING ORDINANCE NO. 2011-14 AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-26 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-26 was highlighted by Ms. Lensner, with Section 11 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-26 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-26 is passed.
     
    RESOLUTION NO. 2011-27
    INTRODUCED BY: ADMINISTRATION AND ALL MEMBERS OF COUNCIL
     
    A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO JOANNE BORTON FOR SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO AS ASSISTANT CLERK OF COUNCIL.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-27 be placed on second and third reading for final passage and that it be read in its entirety.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-27 was read by Mr. Ward in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-27 be adopted.
     
    Mr. Ward described, in great detail, how much Mrs. Borton means to the Members of Council, past and present. He quoted former Councilwoman Eunice Horton as saying, "Joanne has brought fierce dedication and integrity to her position, and has always quickly provided correct answers." Mr. Ward expressed gratitude to Mrs. Borton for her constant assistance in guiding Members of Council in their roles.
     
    Mr. Gambatese recalled stories from his grandfather, who was a former Council Member. He called Mrs. Borton a breath of fresh air, and said that his grandfather is happy in Heaven that she now has time to spend with her grandchildren. Mr. Gambatese thanked Joanne for everything she has done for Council.
     
    Mayor Cicero called Mrs. Borton the heart and soul of City Hall, and said that she has always guided Council in the right direction. He stated that Mrs. Borton will always be a part of City Hall, and that the shoes needed to be filled are huge.
     
    Mrs. Borton expressed her appreciation and love for everything the Mayor and Members of Council have done for her throughout the years, mentioning their unending support of many milestones in her life, and thanked everyone.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-27 is adopted.
     
    ORDINANCE NO. 2011-28
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BY NEWSPAPER PUBLICATION OR INTERNET AUCTION OF FOUR 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. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-28 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-28 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-28 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-28 is passed.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, 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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    May 2, 2011: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, May 2, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; J. C. Borton, Assistant Clerk of Council
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, April 4, 2011.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - FISHER
     
    LEGISLATIVE COMMITTEE - MARKO
     
    PLANNING COMMISSION - WARD
     
    SOUTH EUCLID LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    ORDINANCE NO. 2011-23
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 9 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2011-24
    INTRODUCED BY: ADMIN
     
    A RESOLUTION ADOPTING THE CUYAHOGA COUNTY EMERGENCY OPERATIONS PLAN.
     
    TABLED ITEMS:
     
    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.
     
    May 2, 2011: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, May 2, 2011 at 8:03 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; R. F. Porrello, Chief of Police; L. Puskas, Building Inspector; J. C. Borton, Assistant Clerk of Council.
     
    Absent: T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Ward, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of Council held Monday, April 18, 2011, 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 abstaining.
     
    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 discussed with the Director of Service the progress of the Brainard Sprayground. It was noted that the completion of the project had been delayed due to weather, and the projected completion date is June 16, 2011.
     
    Mr. Ward suggested a community event be put in place to celebrate the opening of the Sprayground. Mayor Cicero indicated that plans are already in progress.
     
    Discussion was held regarding the Dads' Club Parade, which will be held on May 15, 2011. Mr. Glady reported that the parade would be moved from Brainard Park to the picnic shelter, due to the construction of the Sprayground. Mr. Schlessel suggested that perhaps Sunview School could be utilized.
     
    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 Marko had no report.
     
    PLANNING COMMISSION - Mr. Ward had no report.
     
    SOUTH EUCLID LYNDHURST BOARD OF EDUCATION - School board member Bill Kent addressed Council regarding State school funding. He indicated that although he desired to be able to give accurate numbers and representations of the current situation, he is unable to do so. In-house monitoring and a "wait-and-see" attitude have been implemented. He indicated that there could be layoffs of up to 35 teachers, and that said teachers were notified of this no later than April 30, 2011.
     
    The meeting was opened to public comment: There were no comments from the public.
     
    Mr. Schlessel indicated that the Business Expo at 700 Beta Drive is coming up on May 12, 2011 and requested that Council members notify him of when they can assist at the booth.
     
    Mr. Ward reported that the Hillcrest Council of Council meeting on May 21, 2011 will be held at 700 Beta Drive. The topic of discussion for that day is Senate Bill 5 and Public Management Perspectives.
     
    Mr. Schlessel noted that RSVPs for the Dads' Club Parade would be needed if anyone wanted to participate.
     
    In answer to Mr. Frey's question, Mr. Schlessel stated that applications for the Council Scholarship are being reviewed by the committee, and that the scholarship would be awarded at the next meeting.
     
    ORDINANCE NO. 2011-23
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 9 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-23 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
     
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-23 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. 2011-23 be passed.
     
    Mr. Ward mentioned receiving a memo from the Municipal Court outlining the three change orders in detail, and felt the explanation was satisfactory.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, LoPresti, Ward, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-23 is passed.
     
    RESOLUTION 2011-24
    INTRODUCED BY: ADMINISTRATION
     
    A RESOLUTION ADOPTING THE CUYAHOGA COUNTY EMERGENCY OPERATIONS PLAN.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-24 be placed on second and third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-24 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Resolution No. 2011-24 be adopted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-24 is adopted.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:15 P.M.

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     Meetings Convened in April 2011:

    April 18, 2011: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, April 18, 2011, at 8:00 P.M., Acting 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; M. J. Carroll, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, April 4, 2011.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - FISHER
     
    LEGISLATIVE COMMITTEE - MARKO
     
    PLANNING COMMISSION - WARD
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    RESOLUTION NO. 2011-22
    INTRODUCED BY:
     
    A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH KATHY PERELLA FOR CONCESSIONAIRE SERVICES DURING THE 2011 POOL SEASON AND DECLARING AN EMERGENCY.
     
    Approve Recommendation of the Planning Commission:
     
    Recommendation is made to Council to adopt proposed Ordinance No. 2010-77 (Amended) with changes made as stated in the minutes relative to 1170.18(B), Section 1170.18(6)(A), 1170.18 Section 11 (B) and 1170.19 (J)..
     
    Confirm decision of the Board of Zoning Appeals:
     
    CASE NO. 2011-01
     
    Recommendation is made to Council to confirm the decision of the Board in Case No. 2011-01 to grant requested variance to Greg Rochester of 4880 Countryside Road, from the provisions of Section 1160.04(a) 6 (A) of the Planning and Zoning Code, to allow a 14' x 16' storage shed, which would allow a variance of 104 square feet over the allowed maximum 120 square feet, with conditions.
     
    TABLED ITEMS:
     
    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. 2010-77
    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. (Referred to Planning Commission 1-17-11)
     
    April 18, 2011: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, April 18, 2011 at 8:05 P.M., Acting 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, P. A. Ward.
     
    Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; 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 L. A. Schlessel; T. P. Kunz, Building Commissioner; R. F. Porrello, Chief of Police.
     
    It was moved by Mr. Ward, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of Council held Monday, April 4, 2011, 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 had no report. He stated that the PNC Bank at the corner of Richmond and Mayfield had been robbed this afternoon and the suspect got away.
     
    FINANCE COMMITTEE - Chairman Ward had no report.
     
    PUBLIC LANDS & BUILDINGS COMMITTEE -Chairman Frey had no report. He said an update was received from the City Engineer regarding the progress at the Brainard Sprayground.
     
    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 Marko had no report.
     
    PLANNING COMMISSION - Mr. Ward reported on the meeting of the Planning Commission held April 7, 2011. Minutes of that meeting are a part of the permanent record.
     
    The meeting was opened to public comment: There were no comments from the public.
     
    Mr. Frey said he was unable to attend the Planning Commission meeting relative to Ordinance No. 2010-77 and wondered if the legislation had to be passed this evening. Mr. Ward responded that the proposed change was highlighted on the amended ordinance and that it dealt with Section 1170.18 (5) regarding Color and Clarity. He said the Commission was concerned about clarity of the sign and verbiage was added that "Color and Clarity content shall be capable of producing a full color spectrum, and a dot/pixel pitch not greater than twenty (20) millimeters for traffic and pedestrian viewing." He indicated that the Commission wanted the sign to produce enough clarity so that it would be easily read. Discussion continued.
     
    RESOLUTION NO. 2011-22
    INTRODUCED BY: ADMINISTRATION
     
    A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH KATHY PERELLA FOR CONCESSIONAIRE SERVICES DURING THE 2011 POOL SEASON AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-22 be placed on second and third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-22 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
     
    It was moved by Mr. Ward seconded by Mr. Gambatese, that Resolution No. 2011-22 be adopted.
     
    Mr. Ward noted that there were no complaints during last year's pool season and said that Mrs. Perella was a wonderful resource for other items.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-22 is adopted.
     
    Approve Recommendation of the Planning Commission:
     
    Recommendation is made to Council to adopt proposed Ordinance No. 2010-77 (Amended) with changes made as stated in the minutes relative to 1170.18(B), Section 1170.18(6)(A), 1170.18 Section 11(B) and 1170.19(J).
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Council approve the recommendation of the Planning Commission with regard to Ordinance No. 2010-77(Amended).
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
    Nays: None.
     
    Motion carried.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2010-77 be removed from tabled status.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
    Nays: None.
     
    Motion carried.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2010-77 be amended.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2010-77 is amended.
     
    It was moved by Mr. Ward, seconded by Mr. Fisher, that Ordinance No. 2010-77(Amended) be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2010-77 (Amended) is passed.
     
    Confirm decision of the Board of Zoning Appeals:
     
    CASE NO. 2011-01
     
    Recommendation is made to Council to confirm the decision of the Board in Case No. 2011-01 to grant requested variance to Greg Rochester of 4880 Countryside Road, from the provisions of Section 1160.04(a)6(A) of the Planning and Zoning Code, to allow a 14' x 16' storage shed, which would allow a variance of 104 square feet over the allowed maximum 120 square feet, with conditions.
     
    The findings in Case No. 2011-01 as recorded in the minutes of the meeting of the Board of Zoning Appeals held April 11, 2011 were read by Mrs. Borton.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Council confirm the decision of the Board of Zoning Appeals in Case No. 2011-01.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
    Nays: None.
     
    Motion carried.
     
    It was moved by Mr. Ward, seconded by Mr. Fisher, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:20 P.M.

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    April 4, 2011: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, April 4, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, March 21, 2011.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - FISHER
     
    LEGISLATIVE COMMITTEE - MARKO
     
    PLANNING COMMISSION - WARD
     
    SOUTH EUCLID LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    ORDINANCE NO. 2011-19
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH BROOKSIDE CONSTRUC- TION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-20
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH BROOKSIDE CONSTRUC-TION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-21
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH BROOKSIDE CONSTRUC- TION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
     
    TABLED ITEMS:
     
    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. 2010-77
    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.(Referred to Planning Commission 1-17-11)
     
    April 4, 2011: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, April 4, 2011 at 8:04 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; R. F. Porrello, Chief of Police; J. C. Borton, Assistant Clerk of Council.
     
    Absent: Council Representative D. A. Frey; T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that reading of the minutes of the Regular Meeting of Council held Monday, March 21, 2011, 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 commended the Fire Department on the handling of the fire that occurred on Richmond Road this morning. He thanked the seven area departments who responded to the call.
     
    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 Marko had no report.
     
    PLANNING COMMISSION - Mr. Ward had no report. He stated that the Planning Commission would be meeting in Special Session on April 7th at 730 P.M. in the Conference Room to discuss electronic display signs.
     
    SOUTH EUCLID LYNDHURST BOARD OF EDUCATION - Mrs. Marko addressed Council on behalf of the School Board stating that she wanted to clarify the most recent articles that appeared in the local newspapers last week regarding salary increases. She stated that the Board did not vote for raises, but voted for contract renewals. Mrs. Marko indicated that they are currently in the second year of a three year contract with three unions.
     
    Mrs. Marko then stated that in accordance with the proposed new State budget, the South Euclid Lyndhurst District would lose over $3 million annually, which leaves a projected $9.4 million budget deficit in the year 2013. She said the Board is working diligently to determine if there are ways to address the projected shortfall.
     
    Mrs. Marko indicated that the Board is currently in the final stages of the development of the School's Perception Survey, which would be from the parents', students' and staff's perspective. Other points of interest include the Brush Drama Spring Musical "Cinderella" on April 29th, 30th, and May 1st; congratulations to the Debate Team who took second place in their competition at John Carroll University; senior David Katz has been selected for GeoJourney; the MacDiamonds and Brush Jazz Ensemble will volunteer at the Tri-City Consortium's annual recognition luncheon on May 10th. Mrs. Marko invited everyone to visit the website for more information.
     
    Mayor Cicero strongly suggested that the School's Perception Survey be made available to the entire community via the City's website or the School's website to obtain a good idea of what the perception is in the community. Mrs. Marko said this is an on-line survey and the information received would be given to the residents. She said she would bring the Mayor's request to the Board. The Mayor indicated that the perception of the schools within the community is what becomes the reality of the community, which is not good at this time. Mr. Ward concurred with the Mayor that the survey should also include residents.
     
    The meeting was opened to public comment: There were no comments from the public.
     
    ORDINANCE NO. 2011-19
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-20
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-21
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
     
    Mr. Ward noted that there were three ordinances on the agenda dealing with change orders for the Brainard Sprayground; Ordinance Nos. 2011-19, 2011-20 and 2011-21.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance Nos. 2011-19, 2011-20 and 2011-21 be placed on second and third reading for final passage and that they be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance Nos. 2011-19, 2011-20 and 2011-21 were highlighted by Mrs. Borton, with Section 4 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. LoPresti, that Ordinance Nos. 2011-19, 2011-20 and 2011-21 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance Nos. 2011-19, 2011-20 and 2011-21 are passed.
     
    It was moved by Mr. Marko, seconded by Mr. LoPresti, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:18 P.M.

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     Meetings Convened in March 2011:

    March 21, 2011: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, March 21, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire. J. C. Borton, Assistant Clerk of Council
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, March 7, 2011.
     
    SWEARING IN:
     
    Newly promoted Fire Captain David Holtz;
    Newly promoted Fire Lieutenant Ryan Procop.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - FISHER
     
    LEGISLATIVE COMMITTEE - MARKO
     
    PLANNING COMMISSION - WARD
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    THIRD READING
    ORDINANCE NO. 2011-11
    INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
     
    AN ORDINANCE AMENDING CHAPTER 1385 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "BASIC STANDARD FOR RESIDENTIAL OCCUPANCY" BY AMENDING SECTION 1385.12 REGARDING ELEVATORS, AND DECLARING AN EMERGENCY.
     
    THIRD READING:
    ORDINANCE NO. 2011-12
    INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
     
    AN ORDINANCE AMENDING CHAPTER 1387 OF THE CODIFIED ORDINANCES OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ADDITIONAL STANDARDS FOR MULTIPLE DWELLINGS" BY ENACTING SECTION 1387.021 REGARDING ELEVATORS, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-13
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING TRANSFERS AND ADVANCES AND DECLARING AN EMERGENCY.
     
    TABLED ITEMS:
     
    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. 2010-77
    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. (Referred to Planning Commission 1-17-11)
     
    March 21, 2011: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, March 21, 2011 at 8:03 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; F. E. Glady III, Director of Service; R. F. Porrello, Chief of Police; L. Puskas, Building Inspector; J. C. Borton, Assistant Clerk of Council.
     
    Absent: M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Ward, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of Council held Monday, March 7, 2011, 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.
     
    At this time, Mayor Cicero acknowledged Mayor Procop from the City of Twinsburg, as well as former Fire Chief Gerald Telzrow and retired members of the Fire Department who were present for the swearing in of the newly promoted officers.
     
    Mayor Cicero administered the Oath of Office to newly promoted Fire Lieutenant Ryan Procop.
     
    Mayor Cicero administered the Oath of Office to newly promoted Fire Captain David Holtz.
     
    MAYOR'S REPORT -Mayor had no report.
     
    FINANCE COMMITTEE - Chairman Ward had no report.
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report. He reported that the construction had begun on the Brainard Sprayground.
     
    ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
     
    SAFETY COMMITTEE - Chairman LoPresti reported on the joint meeting of the Safety Committee and Legislative Committee held earlier this evening. A formal report are forthcoming and will be made a part of the permanent record.
     
    SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Marko added to the report made by Mr. LoPresti. Minutes of that meeting are forthcoming and will be made a part of the permanent record.
     
    PLANNING COMMISSION - Mr. Ward had no report. He indicated that the Planning Commission would be meeting on April 7th to finalize discussion regarding Ordinance No. 2010-77 relative to electronic display signs in the City.
     
    The meeting was opened to public comment: There were no comments from the public.
     
    Mr. Marko invited all Members of Council to the Brush High School Brown & Gold Fundraiser to be held this Saturday at Brush High School.
     
    Mayor Cicero reported that the Ukrainian Delegation visited City Hall last week for the purpose of learning about the City's trash and recycling programs. He said Lyndhurst was chosen because of its recycling program. The Mayor commended Mr. Glady for a wonderful presentation and for making our recycling program internationally known.
     
    Mr. Schlessel reported that Council and the Mayor would be sponsoring a college scholarship to a Lyndhurst resident. Applications are available at City Hall. He thanked his colleagues for their participation for the third consecutive year. He noted that the scholarship would be presented at the May 16th Council meeting.
     
    THIRD READING:
    ORDINANCE NO. 2011-11
    INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
     
    AN ORDINANCE AMENDING CHAPTER 1385 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "BASIC STANDARDS FOR RESIDENTIAL OCCUPANCY" BY AMENDING SECTION 1385.12 REGARDING ELEVATORS AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Frey, that Ordinance No. 2011-11 be placed on third reading and that it be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-11 is passed.
     
    THIRD READING:
    ORDINANCE NO. 2011-12
    INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
     
    AN ORDINANCE AMENDING CHAPTER 1387 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ADDITIONAL STANDARDS FOR MULTIPLE DWELLINGS" BY ENACTING SECTION 1387.021 REGARDING ELEVATORS, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-12 be placed on third reading and that it be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-12 is passed.
     
    ORDINANCE NO. 2011-18
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING TRANSFERS AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-18 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-18 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2011-18 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-18 is passed.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, 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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    March 7, 2011: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, March 7, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, February 21, 2011.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - FISHER
     
    LEGISLATIVE COMMITTEE - MARKO
     
    PLANNING COMMISSION - WARD
     
    SOUTH EUCLID LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    SECOND READING
    ORDINANCE NO. 2011-11
    INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
     
    AN ORDINANCE AMENDING CHAPTER 1385 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "BASIC STANDARD FOR RESIDENTIAL OCCUPANCY" BY AMENDING SECTION 1385.12 REGARDING ELEVATORS, AND DECLARING AN EMERGENCY.
     
    SECOND READING:
    ORDINANCE NO. 2011-12
    INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
     
    AN ORDINANCE AMENDING CHAPTER 1387 OF THE CODIFIED ORDINANCES OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ADDITIONAL STANDARDS FOR MULTIPLE DWELLINGS" BY ENACTING SECTION 1387.021 REGARDING ELEVATORS, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-13
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO.2010-8 REGARDING SWIMMING POOL ADMISSION FEES.
     
    ORDINANCE NO. 2011-14
    INTRODUCED BY: ADMIN
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2011 REPEALING ORDINANCE NO. 2010-70, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-15
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING SECTION 1385.03 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO DWELLING UNIT STANDARDS AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2011-16
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE CUYAHOGA COUNTY MUNICIPAL ENERGY PROGRAM (MEP) AND O EXECUTE CONTRACTS AS REQUIRED.
     
    RESOLUTION NO. 2011-17
    INTRODUCED BY: ADMIN
     
    AN EMERGENCY RESOLUTION URGING THE OHIO LEGISLATURE TO AMEND CERTAIN PROVISIONS OF HB 114 TO REINSTATE THE FUNDING FOR THE OHIO PUBLIC WORKS COMMISSION (OPWC) STATE CAPITAL IMPROVEMENTS PROGRAM (SCIP) AND REVOLVING LOAN PROGRAM (RLP) TO THEIR PREVIOUS LEVELS.
     
    TABLED ITEMS:
     
    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. 2010-77
    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. (Referred to Planning Commission 1-17-11)
     
    March 7, 2011: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, March 7, 2011 at 8:04 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; 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; R. F. Porrello, Chief of Police.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that reading of the minutes of the Regular Meeting of Council held Monday, February 21, 2011, 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 had no report. He said the appropriation ordinance is on this evening's agenda and thanked Mr. Ward and all department heads for their hard work in preparing this year's budget.
     
    FINANCE COMMITTEE - Chairman Ward reported on the meeting of the Finance Committee held February 23, 2011. A copy of said report is a part of the permanent record.
     
    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 Marko had no report. He reminded everyone of the joint meeting of the Legislative Committee and Safety Committee to be held on Monday, March 21, 2011 beginning at 7:15 P.M. to discuss Ordinances Nos. 2011-11 and 2011-12.
     
    PLANNING COMMISSION - Mr. Ward reported that the Planning Commission would be meeting prior to the next meeting of Council to finalize the sign ordinance.
     
    SOUTH EUCLID LYNDHURST BOARD OF EDUCATION - Stefanie Rhine, School Board Member, addressed Council relative to the several bills before the legislature at the present time. She spoke about SB 5 and was anxious to hear how the state budget would impact school funding this year. Mrs. Rhine invited all members of Council to attend the March 22nd meeting of the Board to hear the financial presentation, review information from the state and provide additional information regarding finances for the next year. She also highlighted some of the House Bills that would affect the school districts. Mrs. Rhine then spoke about the accomplishments of various athletes at the schools and updated Council on several events which had taken place, as well as upcoming events.
     
    The meeting was opened to public comment: There were no comments from the public.
     
    SECOND READING:
    ORDINANCE NO. 2011-11
    INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
     
    AN ORDINANCE AMENDING CHAPTER 1385 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "BASIC STANDARDS FOR RESIDENTIAL OCCUPANCY" BY AMENDING SECTION 1385.12 REGARDING ELEVATORS AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-11 be placed on second reading.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-11 is placed on second reading.
     
    SECOND READING:
    ORDINANCE NO. 2011-12
    INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
     
    AN ORDINANCE AMENDING CHAPTER 1387 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ADDITIONAL STANDARDS FOR MULTIPLE DWELLINGS" BY ENACTING SECTION 1387.021 REGARDING ELEVATORS, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Frey, that Ordinance No. 2011-12 be placed on second reading.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-12 is placed on second reading.
     
    ORDINANCE NO. 2011-13
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2010-8 REGARDING SWIMMING POOL ADMISSION FEES.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-13 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-13 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-13 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-13 is passed.
     
    ORDINANCE NO. 2011-14
    INTRODUCED BY: ADMINISTRATION
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2011, REPEALING ORDINANCE NO. 2010-70, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-14 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-14 was highlighted by Mrs. Borton, with Section 10 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-14 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-14 is passed.
     
    ORDINANCE NO. 2011-15
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING SECTION 1385.03 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO DWELLING UNIT STANDARDS 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. 2011-15 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-15 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-15 be passed.
     
    Mr. Frey asked how residents would be notified relative to the application of this ordinance. Chief Carroll responded that this would be applied to new residential structures and new additions. He said this would also be posted on the website.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-15 is passed.
     
    RESOLUTION NO. 2011-16
    INTRODUCED BY: ADMINISTRATION
     
    A RESOLUTION AUTHORIZING THE MAYOR TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE CUYAHOGA COUNTY MUNICIPAL ENERGY PROGRAM (MEP) AND TO EXECUTE CONTRACTS AS REQUIRED.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-16 be placed on second and third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-16 was highlighted by Mrs. Borton, with Section 5 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Frey, that Resolution No. 2011- 16 be adopted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-16 is adopted.
     
    RESOLUTION NO. 2011-17
    INTRODUCED BY: ADMINISTRATION
     
    AN EMERGENCY RESOLUTION URGING THE OHIO LEGISLATURE TO AMEND CERTAIN PROVISIONS OF HB 114 TO REINSTATE THE FUNDING FOR THE OHIO PUBLIC WORKS COMMISSION (OPWC) STATE CAPITAL IMPROVEMENTS PROGRAM (SCIP) AND REVOLVING LOAN PROGRAM (RLP) TO THEIR PREVIOUS LEVELS.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-17 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-17 was highlighted by Mr. Ward, with Section 4 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Resolution No. 2011-17 be adopted.
     
    Mr. Ward indicated that the amendments are currently being considered to add capital projects to the bill and should be out of subcommittee by Wednesday; it should be on the House floor by the end of the week.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-17 is adopted.
     
    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 8:34 P.M.

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     Meetings Convened in February 2011:

    February 21, 2011: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, February 21, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; J. C. Borton, Assistant Clerk of Council
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, February 7, 2011.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - FISHER
     
    LEGISLATIVE COMMITTEE - MARKO
     
    PLANNING COMMISSION - WARD
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    ORDINANCE NO. 2011-11
    INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
     
    AN ORDINANCE AMENDING CHAPTER 1385 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "BASIC STANDARD FOR RESIDENTIAL OCCUPANCY" BY AMENDING SECTION 1385.12 REGARDING ELEVATORS, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-12
    INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
     
    AN ORDINANCE AMENDING CHAPTER 1387 OF THE CODIFIED ORDINANCES OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ADDITIONAL STANDARDS FOR MULTIPLE DWELLINGS" BY ENACTING SECTION 1387.021 REGARDING ELEVATORS, AND DECLARING AN EMERGENCY.
     
    Request authorization to advertise for bids:
     
    For the 2011 Asphalt Program and the 2011 Concrete Program.
     
    Correspondence:
     
    Ohio Division of Liquor Control for transfer of D1 and D2 liquor permits from Nico & Henry, LLC, dba Dino's Place Family Restaurant to Suntine, LLC, dba Dino's Place Family Restaurant, 5119 Mayfield Road.
     
    TABLED ITEMS:
     
    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. 2010-77
    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. (Referred to Planning Commission 1-17-11)
     
    February 21, 2011: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, February 21, 2011 at 8:05 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; L. Puskas, Building Inspector; J. C. Borton, Assistant Clerk of Council.
     
    Absent: J. M. Cicero, Jr., Mayor; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; F. E. Glady III, Director of Service.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that reading of the minutes of the Regular Meeting of Council held Monday, February 7, 2011, 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 - In Mayor Cicero's absence, there was no report. Vice Mayor Schlessel said that the Mayor had minor surgery late this afternoon.
     
    FINANCE COMMITTEE - Chairman Ward had no report. He reminded members of Council of the Finance Committee meeting to be held on Wednesday, February 23, 2011 at 6:30 P. M. to discuss 2011 appropriations.
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey reported on the meeting of the Public Lands & Buildings Committee held earlier this evening. Minutes of that meeting will be forthcoming and made a part of the permanent record.
     
    ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
     
    SAFETY COMMITTEE - Chairman LoPresti reported on the meeting of the Safety Committee held February 15, 2011. A copy of said report is a part of the permanent record.
     
    SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Marko had no report. He recommended that Ordinance Nos. 2011-11 and 2011-12 which are on this evening's agenda, be placed on first reading. He called a meeting of the Legislative Committee to be held on Monday, March 21, 2011 at 7:15 P.M. to discuss both ordinances. Vice Mayor Schlessel suggested that this be a joint meeting with the Safety Committee.
     
    PLANNING COMMISSION - Mr. Ward had no report, but stated that the Planning Commission would be meeting on February 24th at 7:30 P.M. to continue discussion of electronic display signs.
     
    The meeting was opened to public comment: There were no comments from the public.
     
    ORDINANCE NO. 2011-11
    INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
     
    AN ORDINANCE AMENDING CHAPTER 1385 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "BASIC STANDARDS FOR RESIDENTIAL OCCUPANCY" BY AMENDING SECTION 1385.12 REGARDING ELEVATORS AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2011-11 be placed on first reading.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-11 is placed on first reading.
     
    ORDINANCE NO. 2011-12
    INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
     
    AN ORDINANCE AMENDING CHAPTER 1387 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ADDITIONAL STANDARDS FOR MULTIPLE DWELLINGS" BY ENACTING SECTION 1387.021 REGARDING ELEVATORS, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that Ordinance No. 2011-12 be placed on first reading.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-12 is placed on first reading.
     
    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 the 2011 Asphalt Program and the 2011 Concrete Program.
     
    The question was put to a voice vote and passed unanimously.
     
    Correspondence from the Ohio Division of Liquor Control for transfer of D1 and D2 liquor permits from Nico & Henry, LLC, dba Dino's Place Family Restaurant to Suntine, LLC, dba Dino's Place Family Restaurant, 5119 Mayfield Road was noted with no objections.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:15 P.M.

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    February 7, 2011: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, February 7, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Special Meeting of Council held Monday, January 17, 2011.
     
    Approve Minutes of the Regular Meeting of Council held Monday, January 17, 2011.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - FISHER
     
    LEGISLATIVE COMMITTEE - MARKO
     
    PLANNING COMMISSION - WARD
     
    SOUTH EUCLID/LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    ORDINANCE NO. 2011-6
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $750,000 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.
     
    ORDINANCE NO. 2011-7
    INTRODUCED BY: COUNCIL
     
    AS A WHOLE AN ORDINANCE PLACING A TEMPORARY MORATORIUM ON THE GRANTING OF ANY PERMITS ALLOWING THE OPERATION OF INTERNET CAFES IN THE CITY, OR PERMITS ALLOWING BUSINESSES TO DEVOTE FLOOR SPACE TO INTERNET BASED SWEEPSTAKES GAMES IN THE CITY, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-8
    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.
     
    ORDINANCE NO. 2011-9
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH PHIL MILLER CONSTRUCTION FOR THE 2010 CONCRETE AND CATCH BASIN PROGRAM, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2011-10
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH PHIL MILLER CONSTRUCTION FOR THE 2010 CONCRETE AND CATCH BASIN REPAIR PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT AND DECLARING AN EMERGENCY.
     
    TABLED ITEMS:
     
    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. 2010-77
    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.
    (Referred to Planning Commission 1-17-11).
     
    February 7, 2011: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, February 7, 2011 at 8:05 P.M., Vice Mayor Lane A. Schlessel, 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; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; F. E. Glady III, Director of Service; J. C. Borton, Assistant Clerk of Council.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that reading of the minutes of the Special Meeting of Council held Monday, January 17, 2011, 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. Marko, seconded by Mr. Ward, that reading of the minutes of the Regular Meeting of Council held Monday, January 17, 2011, 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 reminded members of Council of the Finance Committee meeting to be held on Wednesday, February 23, 2011 at 6:30 P. M. to discuss 2011 appropriations.
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey reported on the meetings of the Public Lands & Buildings Committee held earlier this evening. Minutes of those meetings will be forthcoming and made a part of the permanent record.
     
    ROADS & UTILITIES COMMITTEE - Chairman Gambatese reported on the meeting of the Roads & Utilities Committee held earlier this evening. A copy of said report will be forthcoming and made a part of the permanent record.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report. He said he would be meeting with both Chiefs this week and would schedule a meeting of the Safety Committee to be held prior to February 16th.
     
    SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Marko had no report.
     
    PLANNING COMMISSION - Mr. Ward reported that the Planning Commission met on Thursday, January 27th to discuss Ordinance No. 2010-77 regarding electronic display signs. He indicated the Commission would be meeting again in Workshop Session on February 24th to continue discussion.
     
    SOUTH EUCLID LYNDHURST BOARD OF EDUCATION - Mr. Kent had no report.
     
    The meeting was opened to public comment:
     
    Richard Clark, 5347 Chickadee Lane, said he was researching the City's website and wondered why there was a delay in posting minutes to the website. Mayor said posting of the minutes is done as a courtesy and that it is being updated at this time. He indicated minutes are always available at City Hall for review.
     
    Vice Mayor Schlessel reminded everyone that the Business Expo sponsored by the Heights Hillcrest Chamber of Commerce would be held Thursday, May 12 from 3:00 P.M. until 7:00 P.M. at 700 Beta Banquet and Conference Center located at the new Hilton Garden Inn.
     
    ORDINANCE NO. 2011-6
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $750,000 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 noted that the Fiscal Officer's Certificate had been distributed to all Members of Council.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-6 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-6 was highlighted by Mrs. Borton, with Section 16 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-6 be passed.
     
    Mayor Cicero commented that there will be an estimated surplus of approximately $240,000.00 in the Permanent Improvement Fund at the end of the year, so there is no need to borrow the full $1,000,000.00 to fund this year's project.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-6 is passed.
     
    ORDINANCE NO. 2011-7
    INTRODUCED BY: COUNCIL AS A WHOLE
     
    AN ORDINANCE PLACING A TEMPORARY MORATORIUM ON THE GRANTING OF ANY PERMITS ALLOWING THE OPERATION OF INTERNET CAFE?S IN THE CITY, OR PERMITS ALLOWING BUSINESSES TO DEVOTE FLOOR SPACE TO INTERNET BASED SWEEPSTAKES GAMES IN THE CITY, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-7 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-7 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-7 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-7 is passed.
     
    ORDINANCE NO. 2011-8
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF CUYAHOGA, 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. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-8 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-8 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Fisher, that Ordinance No. 2011-8 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-8 is passed.
     
    ORDINANCE NO. 2011-9
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH PHIL MILLER CONSTRUCTION FOR THE 2010 CONCRETE AND CATCH BASIN REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-9 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-9 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-9 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-9 is passed.
     
    ORDINANCE NO. 2011-10
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH PHIL MILLER CONSTRUCTION FOR THE 2010 CONCRETE AND CATCH BASIN REPAIR PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-10 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-10 was highlighted by Mrs. Borton, with Section 6 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-10 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-10 is passed.
     
    It was moved by Mr. Ward, seconded by Mr. Frey, 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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     Meetings Convened in January 2011:

    January 17, 2011: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, January 17, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire. J. C. Borton, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Special Meeting of Council held Tuesday, January 4, 2011.
     
    Approve Minutes of the Regular Meeting of Council held Tuesday, January 4, 2011.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - FISHER
     
    LEGISLATIVE COMMITTEE - MARKO
     
    PLANNING COMMISSION - WARD
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    THIRD READING:
    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.
     
    RESOLUTION NO. 2011-2
    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.
     
    ORDINANCE NO. 2011-3
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE CREATING THE POSITION OF CITY ENGINEER FOR THE PERIOD BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2012; FIXING THE DUTIES AND COMPENSATION FOR SAID POSITION, PROVIDING FOR THE MAYOR TO CONTRACT FOR OTHER MUNICIPAL ENGINEERING SERVICES FOR THE CITY, AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2011-4
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A GRANT FROM THE NORTHERN OHIO PUBLIC ENERGY COUNCIL (NOPEC) FOR FUNDS TO HELP FUND CAPITAL IMPROVE-MENTS TO THE LYNDHURST MUNICIPAL CENTER PURSUANT TO THE POWERING OUR COMMUNITY GRANT PROGRAM, AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS PURSUANT THERETO, AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2011-5
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A GRANT FROM 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, AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS PURSUANT THERETO, AND DECLARING AN EMERGENCY.
     
    TABLED ITEMS:
     
    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.
     
    January 17, 2011: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, January 17, 2011 at 8:04 P.M., Vice Mayor Lane A. Schlessel, 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. J. Carroll, Chief of Fire; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner;
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that reading of the minutes of the Special Meeting of Council held Tuesday, January 4, 2011, 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. Marko, seconded by Mr. Gambatese, that reading of the minutes of the Regular Meeting of Council held Tuesday, January 4, 2011, 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 encouraged all members of Council to schedule their committee meetings to discuss capital requests as soon as possible.
     
    FINANCE COMMITTEE - Chairman Ward had no report. He reminded members of Council to schedule meetings for capital requests.
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey called a meeting of the Public Lands & Buildings Committee for Monday, February 7, 2011 at 7:00 P.M. to discuss pool fees for 2011 and to discuss capital requests.
     
    ROADS & UTILITIES COMMITTEE - Chairman Gambatese scheduled a meeting of the Roads & Utilities Committee to be held on Monday, February 7, 2011 at 6:30 P.M. to discuss capital requests.
     
    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. Ward had no report, but said that the Planning Commission would be meeting next week. He indicated that the Architectural Board of Review would meet this Thursday, January 20th, to discuss the Phase II construction at Hawken School, the signage for Key Bank and skylights for the Fire Department. He said he was not able to attend because of a prior commitment.
     
    The meeting was opened to public comment:
     
    There were no comments from the public.
     
    THIRD READING:
    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. Marko, seconded by Mr. Ward, that Ordinance No. 2010-77 be tabled and referred to the Planning Commission.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2010-77 is tabled and referred to the Planning Commission.
     
    RESOLUTION NO. 2011-2
    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. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-2 be placed on second and third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-2 was highlighted by Mrs. Borton, with Section 7 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Resolution No. 2011-2 be adopted.
     
    Mr. Ward commended the Health Care Task Force, Mrs. Kovalchik, and the City's consultant from Fedeli. He said they worked very diligently to explain the plan changes to all employees and that the percentage increase was near zero.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-2 is adopted.
     
    ORDINANCE NO. 2011-3
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE CREATING THE POSITION OF CITY ENGINEER FOR THE PERIOD BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2012; FIXING THE DUTIES AND COMPENSATION FOR SAID POSITION; PROVIDING FOR THE MAYOR TO CONTRACT FOR OTHER MUNICIPAL ENGINEERING SERVICES FOR THE CITY; AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-3 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-3 was highlighted by Mrs. Borton, with Section 11 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-3 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-3 is passed.
     
    RESOLUTION NO. 2011-4
    INTRODUCED BY: ADMINISTRATION
     
    A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A GRANT FROM 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, AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS PURSUANT THERETO, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-4 be placed on second and third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-4 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Resolution No. 2011-4 be adopted.
     
    Mayor Cicero stated that this is the first grant received by the City this year. He said that last year he challenged each department head to look for grant money and that every department had been successful in securing grants funds. He said they had done an excellent job and asked Council to encourage them to continue because funding is available.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-4 is adopted.
     
    RESOLUTION NO. 2011-5
    INTRODUCED BY: ADMINISTRATION
     
    A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A GRANT FROM 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, AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS PURSUANT THERETO, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-5 be placed on second and third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-5 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Resolution No. 2011-5 be adopted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-5 is adopted.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:20 P.M.

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    January 4, 2011: City Council
    AGENDA:

     
    ORGANIZATIONAL MEETING of the Council of the City of Lyndhurst, Tuesday, January 4, 2011, 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; M. J. Carroll, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
     
    COUNCIL:
     
    ELECTIONS:
     
    Vice Mayor for the year 2011.
     
    Council's representative to the Planning Commission for 2011 (automatically becomes representative to City Architectural Board of Review)
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, December 6, 2010.
     
    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:
     
    SECOND READING:
    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.
     
    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.
     
    January 4, 2011: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst held its Organizational Meeting on Tuesday, January 4, 2011 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; 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: T. P. Kunz, Building Commissioner;
     
    The floor was opened to nominations for the position of Vice Mayor for the year 2011.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Lane A. Schlessel be nominated as Vice Mayor for the 2011 calendar year.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
    Nays: None.
     
    Motion carried.
    Mr. Schlessel is elected Vice Mayor for the year 2011.
     
    It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that Patrick A. Ward be nominated as Council's Representative to the Planning Commission and to the Architectural Board of Review for the 2011 calendar year.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
    Nays: None.
     
    Motion carried.
    Mr. Ward is elected as Council's Representative to the Planning Commission and Architectural Board of Review.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that reading of the minutes of the Regular Meeting of Council held Monday, December 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 reminded all members of Council to schedule their committee meetings to discuss capital requests as soon as possible once committee assignments are made. He also said that the template for line item requests had been distributed to all department heads and that the budget is being prepared for 2011.
     
    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.
     
    REPORT FROM THE SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Mr. Kent addressed Council regarding the reduced number of calamity days. He said that a procedure had been created where the school system could start two hours later than the normally scheduled time to permit the clearing of city streets and roadways. He also said he is waiting to hear from state representatives regarding school funding and other issues.
     
    Mrs. Borton requested that Resolution No. 2011-1 be added to the agenda.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Resolution No. 2011-1 be added to the agenda.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-1 is added to the agenda.
     
    The meeting was opened to public comment: There were no comments from the public.
     
    Mr. Fisher read the following letter for the record:
     
    "January 4, 2011
     
    TO: Mayor Cicero
    All Members of Council
     
    The time has come for me to announce an important decision I have made regarding my current status as a Councilman-At-Large in the City of Lyndhurst. I have decided not to run in 2011for re-election for another term in this position or for any other elected office. My reason for making this decision is the declining health of my aging mother whose health care needs will require more of my attention with the passing of time. I plan to continue my current duties as a Councilman and finish my present term of office which ends at the end of 2011. The reason for making this announcement at this time is to give enough time for perspective candidates for this position to adequately plan and campaign for this elected office.
     
    Sincerely,
    Dale J. Fisher
    Lyndhurst Councilman-At-Large"
     
    Vice Mayor Marko thanked Mr. Fisher for his service and said he appreciated Mr. Fisher's help.
     
    Mr. Schlessel thanked Mr. Marko for serving as Vice Mayor for 2010. Mr. Marko said he appreciated everyone's support during the past year.
     
    SECOND READING:
    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. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-77 be placed on second reading.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2010-77 is placed on second reading.
     
    RESOLUTION NO. 2011-1
    INTRODUCED BY: ADMINISTRATION
     
    A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-14-107 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AUTHORIZING THE DIRECTOR OF LAW TO TAKE WHATEVER ADDITIONAL STEPS HE DEEMS NECESSARY INCLUDING BUT NOT LIMITED TO PREPARING AND FILING LEGAL ACTION 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. 2011-1 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. 2011-1 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. 2011-1 be adopted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-1 is adopted.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2008-15 be removed from tabled status.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2008-15 is removed from table.
     
    Mr. Ward stated that this Ordinance had been tabled since 2008 and felt snow plow operators should be dealt with through the permitting procedure already established in the Police Department.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2008-15 be passed.
     
    Roll Call:
     
    Yeas: None.
    Nays: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
     
    Motion carried.
    Ordinance No. 2008-15 is defeated.
     
    It was moved by Mr. Gambatese, seconded by Mr. Schlessel, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:20 P.M.

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