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AGENDAS & MINUTES / CITY COUNCIL / 2012:
 
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 Meetings Convened in December 2012:

December 3, 2012: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, December 3, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M. A. Franco, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, November 19, 2012.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - PACKARD
 
LEGISLATIVE COMMITTEE - SCHLESSEL
 
PLANNING COMMISSION - MARKO
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
 
Requests for additions to the Agenda:
 
Public Comment:
 
THIRD READING
ORDINANCE NO. 2012-78
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
 
THIRD READING
ORDINANCE NO. 2012-79
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-91
INTRODUCED BY: ADMIN
 
AN ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD BEGINNING JANUARY 1, 2013 AND ENDING MARCH 31, 2013 AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-92
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2012-81 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR BARGAINING EMPLOYEES IN WHICH VARIOUS OFFICES AND DEPARTMENTS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2012-81 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-93
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2012-45 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, VACATION, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2012-45 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-94
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2012, REPEALING ORDINANCE NO. 2012-67 AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-95
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 452 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING GENERALLY" BY AMENDING SECTION 452.17 REGARDING PARKING FINES.
 
ORDINANCE NO. 2012-96
INTRODUCED BY: ADMIN
 
AN ORDINANCE CREATING THE POSITION OF CITY ENGINEER FOR THE PERIOD BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2014; 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.
 
ORDINANCE NO. 2012-97
INTRODUCED BY: ADMIN
 
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.
 
Correspondence:
 
Ohio Division of Liquor Control for a D5I Liquor Permit for ARS Food Service LLC dba Red Square Restaurant, 5131 Mayfield Road.
 
TABLED ITEMS:
 
ORDINANCE NO. 2012-24
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
 
ORDINANCE NO. 2012-25
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
 
ORDINANCE NO. 2012-26
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
 
December 3, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, December 3, 2012 at 8:02 P.M., Vice Mayor David A. Frey, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M. J. Carroll, Chief of Fire; M. A. Franco, Assistant Clerk of Council.
 
Absent: T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that the reading of the minutes of the Regular Meeting of Council held Monday, November 19, 2012, copies of which were mailed to all Members, be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero announced the Holiday Lighting will be Friday at 7:00P.M.
 
FINANCE COMMITTEE - Chairman Ward had no report; however, he stated he will be commenting on the Legislation that Committee has recommended at the time they are presented.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
 
ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti read his minutes into the record:
 
"The Safety Committee met on, Monday, November 19, 2012, in the conference room at Lyndhurst Municipal Center. Present at the meeting were Safety Committee Members Schlessel and Ward and Chairman LoPresti. Also present were Councilman Frye, Gambatese Marko and Packard, Law Director Murphy, Finance Director Kovalchik, Chief Porrello and Chief Carroll. The Meeting was called to order at 7:32pm. The purpose of the meeting was to discuss Ordinance Nos. 2012-37 and corresponding City Ordinance Section 618.
 
"The Committee discussed the updated language of proposed Ordinance 2012-37 and proposed new Code Section 618.021 titled "TETHERING ANIMALS". Specifically, Section (a)(2) and (a)(3) were deleted; Section (a)(5) was amended to change the minimum tether length from 20 to 10 feet in length; and Section (c) was amended to remove the "minor misdemeanor" designation for a first offense. Rather, whoever violates this Section would be guilty of a "misdemeanor of the fourth degree" for the first offense, a "misdemeanor of the third degree" for a second offense, and a "misdemeanor of the first degree" for a third or any subsequent offense.
 
"After additional discussion regarding the above and other related issues, a Motion was raised by Mr. Ward, seconded by Mr. Schlessel, that the Safety Committee recommend to Council to remove Ordinance 2012-37 from the Table, and add it to the November 19, 2012 Council Meeting Agenda, with changes, for passage. Motion passed.
 
"Thereafter, the Committee discussed Chief Porrello's suggested changes to Code Section 452.17, regarding parking fines. A Motion was raised by Chairman LoPresti, seconded by Mr. Ward, that the Safety Committee recommend to Council to change the Parking Fine Amounts as follows:
 
Fire Lane
 
$20 (W/IN 72 HRS)
 
$35 (AFTER 72 HRS)
Handicap
 
$100 (W/IN 72 HRS)
 
$150 (AFTER 72 HRS)
All Other
 
$10 (W/IN 72 HRS)
 
$20 (AFTER 72 HRS)

 
"No other business was discussed and the Meeting adjourned at 7:45pm."
 
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
LEGISLATIVE COMMITTEE - Chairman Schlessel had no report.
 
PLANNING COMMISSION - Chairman Marko had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Cassandra Jones reported on a Positive Student Achievement. Chelsea Conwell, a tenth grader at Brush, was selected to be a spectator at the inauguration. Ms. Jones reported that basketball season is underway, all home games played last weekend won. Ms. Jones stated the superintendent goals are up and running. Ms. Jones said small focus groups will be beginning and asks if you are contacted please participate. Ms. Jones stated that all buildings are participating in Holiday Give Back initiatives to teach the children to give back.
 
Mr. Schlessel stated Councilman Frey, Councilman Ward and himself will be leading a focus group on January 9, 2012 at 7:00P.M. at the Community Center.
Mr. Ward said if any person is interested to contact Councilman Frey, Councilman Schlessel or himself.
 
E. Dale Inkley asked when the next school board meeting will be held.
Ms. Jones stated it is scheduled for next Tuesday.
 
The meeting was opened to public comment.
 
Richard Clark, 5347 Chickadee Lane, apologized to Mr. Gambatese for denying attendance at a Citizens Committee Meeting to study a detailed budget, because after further reflection he remembered taking part. Mr. Clark stated Harry Singer expressed his desire to organize a group of private enterprise business people to look over a detailed budget to help City Council bring future budgets into light with future revenue, he said it has been done in the past and we should do it again. Mr. Clark asked what the deadline is to avoid cost of the May special election. Mr. Clark inquired how long the recording of the Council Meetings are kept. Mr. Clark stated his request for the context of the Mayors tax issue statement was not referenced in the minutes; he further stated that an addendum to the minutes is necessary.
 
Dr, Jeff Salerno, 1438 Henning, expressed his opinions about the tax credit and stated that he opposes the passage of the tax credit. Dr. Salerno stated that he collected 130 signatures from tax paying individuals who demand a fair and balanced approach to this deficit problem. Dr. Salerno said for the record he is in favor of a citywide tax increase, not one that closes the budget gap completely, but one that would get us closer. Dr. Salerno asked on behalf of himself and the other 120 people in his district for their Councilman to vote no on the City Ordinance tonight.
 
Dennis Gustavson, 4907 Westbourne, asked what the taxable income was in 2007 and 2011.
Mary Kovalchik stated the Municipal Income Tax revenue is up 8.6% but that is in net profit and net profit is based on estimates that come in very high. Ms. Kovalchik said that in reality the increase is probably close to 5.2%.
Mr. Gustavson inquired how 1099s would be affected by the tax credit/tax rate issue.
Mr. Ward said that if you do not currently pay RITA this will not impact you.
 
Marge Cirillo, 5173 Graham, inquired about the ballot language.
Mr. Ward stated that the language has not been discussed at this time.
Ms. Cirillo asked her Councilman to vote no on the tax legislation tonight.
 
Mike Shlonsky, 5306 Meadow Wood, asked if third reading of the tax Ordinance would automatically put it onto the ballot.
Mr. Murphy explained the procedure of the passage of legislation.
Mr. Shlonsky asked that Council table the Ordinance.
 
Elizabeth DeGiovanni, 5169 Thornbury, asked what the latest withdraw date would be if Council decides to put the tax rate on the ballot.
Mr. Murphy stated Legislation has to be certified to the Board of Elections not less than 90 days prior to the election. Mr. Murphy explained the Legislation.
 
Mr. Gambatese thanked everyone for coming out tonight and expressing their opinions.
 
Mr. Ward read the following comment into record:
 
"At the last meeting a comment was made which struck me deeply. The implication was that some of us are failing in our responsibility to effectively represent our residents who would suffer the impact of our proposed action on the Income Tax Rate/Income Tax Credit issue if they work outside Lyndhurst - especially those who might work in a city that just increased their own Income Tax rate. I chose not to address that statement at the time as the response would have been more parts emotion than substance. For the record, most of us sitting here have wives who work, who pay taxes and who would suffer the ramifications of our actions just as every other resident might. Most of us work outside the City as well so we are not having these tax discussions in a vacuum. No one, least of all my wife, wants to pay more taxes. And, for the record, if it was our intention to be less "representative" we would have made a decision a long time ago and not analyzed, re-analyzed and re-analyzed an approach to a problem we ALL AGREE needs to be addressed. It is most certainly that desire to really represent our residents and our community that has driven and continues to drive these discussions.
 
"So, let me repeat, for the record, I am not happy at the prospect my taxes will go up and I do not expect anyone else to be. I do; however, expect people - especially those sitting up here - to understand the resources we have, understand how carefully we budget and utilize those resources, understand that we watch these resources closely and that we consider every suggestion that could make us more efficient and effective.
 
"When Council looks at our budgets, our programs our spending our staff; we look at it from the standpoint of the programs and our - Council's - expectations for an acceptable level of service for OUR residents. When our departments report to us some of us review the activities of our employees, the specific calls for service and analyze the character of those calls in order to ascertain trends and assure we understand what our residents need and what our employees are required to do. That analysis is crucial to us being effective in deploying the resources we have available and assuring our residents are, indeed, served. Many of us bring a business perspective to these discussions and must balance the common sense of business to the precarious work of public service. Unlike a private business there is rarely a correlation between a reduction in revenue and a reduction in need for service in fact there is oftentimes an opposite rise in need as resources become tight.
 
"For 3 months and six meetings I have walked my Committee through numerous options to address a problem that some of us have been preparing for since 2006. Those preparations included getting everyone on the same page with regard to our budgets, our continual analysis of operations, making recommendations and asking questions, acting upon the recommendations of the Administration and our Department Heads and supporting them through purchases and funding that brought program changes to extend the effectiveness of our tax dollars, enlisting the support of our employees through their two contract extensions with no changes and yearly, yes yearly, Benefit Plan reviews that require their added financial participation to keep our premium costs down. The proof of the effectiveness of these efforts is evident in the fact that our 2011 expended dollars were less than 2007 our expenses are less than 2007 and our Administration and Departments continue in their efforts to drill those expenses down in order to bolster our carry forward end of year balances. That, ladies and gentlemen is the business of public service.
 
"I have reached out to all of my colleagues, have asked for and have received much in the way of questions, suggestions and concerns as we have grappled with our own little version of the "fiscal cliff". I have, with the vigilant assistance of our Finance Department, seen to it that illustrations have been produced to support my Committee member's need for data to justify several points of view as we debated the financial needs of our community. What these discussions have boiled down to is four things:
 
  • We all absolutely agree there is a need for additional funds.

  •  
  • We all agree the additional burden should be borne by non-residents not just Lyndhurst residents in a balanced approach.

  •  
  • There were two options not eliminated from the (6) originally presented
    Asking the voters to support a 1.75% rate and maintain the .50% credit - or
    Asking the voters to support a 2.00% rate and maintain the .50% credit

  •  
  • Residents want us to be totally transparent about the need and the course of action to address it.

  •  
    "At the last meeting it was illustrated the 1.75% option would not serve the needs of our community beyond the near term. I have asked, repeatedly, for alternatives from my colleagues - alternatives that would allow us to justify asking our residents for less dollars but provide them with services we define as acceptable.
     
    Many of you have attended every meeting and have heard what has or has not been put on the table.
     
    "Anyone who has attended our yearly Finance Appropriations meetings has witnessed the detail with which we review the various functions of each of our Departments. They have also witnessed the unanimous support each and every line of expense has received from each and every one of your representatives here.
    So, when I look for an answer to any problems with funding the programs that we all have defined and supported, I look for all of us to get our heads around supporting the solution.
     
    "Anyone who sits up here and acknowledges the need for additional funds but represents otherwise in the community is not being transparent, not being honest and is therefore part of the problem, not the solution. "It is easy to run around town like Chicken Little crying, "the sky is falling!" as many will buy into that as a reality without looking any deeper than the statement. But, at the end of the day, all Chicken Little did was run around screaming mis-guided speculation that had no basis in fact - many of us might remember that things did not turn out so well for Chicken Little.
     
    "Folks, we have an obligation to all of you and all of our neighbors; an obligation that charges us to assure the health of our community. The health of our community relies on our ability to provide essential services and that is what we see at risk here. We can either live up to our obligation to you by doing our job; define the programs that will serve you best with the resources we have, plan well, budget prudently and respond to not only what we hear from you - and we do listen - but what we see happening out there that can affect us all. Yes, we must be willing to change things up - and we have, we must be willing to make cuts - and we have, we must be willing to ask our employees to make sacrifices - we have (and they have which is quite uncommon for public employees).
     
    "I expect that you should hold us to the highest standard and challenge us to not only tell you what the problem is but specifically, what we believe needs to be done to address it. Without those specifics we all may as well be listening to Chicken Little."
     
    Mr. Gambatese read the following comment into record:
     
    "It appears that tonight, I will be the only member of council willing to stand up for the residents of Lyndhurst, and say "NO" to this ill-conceived plan to pick their pockets, particularly during these difficult economic times. The circumstances that have led to this situation, such as the end of the estate tax revenue, and the eventual sale of Acacia, have been foreshadowed for years. My continued admonitions that we needed to plan ahead were ignored. Now, we are told that this tax increase is necessary due to a fiscal crisis that with proper foresight or planning should never have happened. And yes, Mr. Mayor, rescinding the tax credit, by any reasonable interpretation, is a tax increase.
     
    "Apparently my colleagues will ignore the 127 citizens who signed a petition opposing this action, and many others who have voiced their concerns.
     
    "I am opposed to this action for several reasons. First, we should not ask our hard working residents, who need to live on their own budgets, to fork over more money to the city, unless we can absolutely assure them that we are spending every dime prudently and wisely. At this point, we are unable to do so.
     
    "We have several successful businessmen in our city, who manage their own businesses well, even when revenues are strained. We should recruit their assistance to thoroughly review the city's budget, and suggest areas for savings. (Distribute the WSJ article Harry provided.)
     
    "Secondly, we should let the residents freely decide what level of taxation they are required to pay. Rather than asking them to decide on a half percent rate increase, under the coercion of repealing the credit if it fails, we should allow the voters to decide whether they want either one or neither one. We should openly and honestly disclose to them what services would be provided, or reduced, as a result of each of these funding scenarios. The voters can then decide what level of services they want, and are willing to pay for.
     
    "I trust our citizens. They are intelligent, thoughtful, and concerned about our community. If they are dealt with fairly and honestly, they will make the appropriate decisions about the financial future of this city. That is what democracy is all about, and what our founding fathers fought a Revolution for. My hope is that my colleagues will see fit to trust our residents as well.
     
    "Also, Mr. Murphy I would like a ruling on a letter my fellow councilmen and I received from the Mayor that was stamped personal and confidential. I was bothered by the Mayor's efforts to lobbying council on pending legislation on a "personal and confidential" basis. Clearly a violation of the Sunshine Law. I look forward to hearing from you by the end of the week on this concern."
     
    Mr. Murphy told Mr. Gambatese to submit his request in writing.
     
    THIRD READING
    ORDINANCE NO. 2012-78
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY
     
    Mr. Ward read the following explanation into the record:
     
    "Ordinance 2012-78 as you may recall is removing an un-used part of the code that would provide a .25% credit to residents of contiguous communities who work in Lyndhurst provided their community allows the same consideration for a Lyndhurst resident working in that community. This is a section that would be impossible for RITA to administer and it cannot even be determined if it were ever applied. It certainly behooves us to remove it which is why the Committee has recommended its passage."
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-78 be placed on third reading for final passage.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-78 is passed.
     
    THIRD READING
    ORDINANCE NO. 2012-79
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
     
    Mr. Ward read the following explanation into the record:
     
    "Ordinance 2012-79 as we have progressed through our debate on this subject I have asked all of the members of the Finance Committee - and specifically those who have questions about this Ordinance, the rate provided for or the language to present those questions or concerns so that we can move forward. The illustrations that were presented showing what cuts could be made to fill the gap we are facing were characterized as sobering.
     
    "As we look to the budget process, if I cannot provide Finance with a funding plan then I must ask they proceed as if no new revenues will be produced and we will have to begin anticipating major adjustments - the adjustments no one was willing to consider - beginning with this budget.
     
    "Now, we still have a small amount of time to re-visit the rates or the language if, as I have asked before, anyone has alternatives that might be suggested to be explored.
     
    I know that there are the votes to pass this legislation; however, as I mentioned earlier, I believe the community would benefit greatly if we are able to present a solid solution that we can all get behind. So, I would ask, Mr. Chairman, if someone has a specific reason to motion to table until the next meeting and can spell out what needs to be addressed, I will schedule an additional meeting for that purpose."
     
    Mr. Frey suggested that this Ordinance be tabled this evening, based on the feedback from the community.
    Mr. Marko asked Mr. Gambatese where he would like to see cuts made.
    Mr. Ward stated that he would like to ask one more time that if any member of the Finance Committee has a specific item for consideration please submit it to him as soon as possible.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-79 be placed on table.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None
     
    Motion carried.
    Ordinance No. 2012-79 is placed on table.
     
    ORDINANCE NO. 2012-91
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD BEGINNING JANUARY 1, 2013 AND ENDING MARCH 31, 2013 AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-91 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-91 was highlighted by Mrs. Franco, with Section 10 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2012-91be passed.
     
    Mr. Ward clarified that this is the annual beginning budget for 2013.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-91 is passed.
     
    ORDINANCE NO. 2012-92
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2012-81 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR BARGAINING EMPLOYEES IN WHICH VARIOUS OFFICES AND DEPARTMENTS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2012-81 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-92 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-92 was highlighted by Mrs. Franco, with Section 16 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Marko, that Ordinance No. 2012-92 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-92 is passed.
     
    ORDINANCE NO. 2012-93
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2012-45 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, VACATION, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2012-45 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-93 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-93 was highlighted by Mrs. Franco, with Section 14 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Marko, that Ordinance No. 2012-93 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-93 is passed.
     
    ORDINANCE NO. 2012-94
    INTRODUCED BY: ADMIN
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2012, REPEALING ORDINANCE NO. 2012-67 AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-94 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-94 was highlighted by Mrs. Franco, with Section 11 being read in its entirety.
     
    It was moved by Mr. Packard, seconded by Mr. Ward, that Ordinance No. 2012-94 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-94 is passed.
     
    ORDINANCE NO. 2012-95
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 452 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING GENERALLY" BY AMENDING SECTION 452.17 REGARDING PARKING FINES.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-95 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-95 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2012-95 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-95 is passed.
     
    ORDINANCE NO. 2012-96
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE CREATING THE POSITION OF CITY ENGINEER FOR THE PERIOD BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2014; 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. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-96 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-96 was highlighted by Mrs. Franco, with Section 11 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2012-96 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-96 is passed.
     
    ORDINANCE NO. 2012-97
    INTRODUCED BY: ADMIN
     
    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. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-97 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-97 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Packard, seconded by Mr. LoPresti, that Ordinance No. 2012-97 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-97 is passed.
     
    Correspondence from the Ohio Division of Liquor Control for a D5I liquor permit to ARS Food Services, LLC DBA Red Square Restaurant and party center was noted with no hearing being requested.
     
    Mr. Frey announced that this is the last regularly scheduled meeting for the month of December.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 9:08 P.M.

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     Meetings Convened in November 2012:

    November 19, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, November 19, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M. A. Franco, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, November 5, 2012.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    SECOND READING
    ORDINANCE NO. 2012-78
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
     
    SECOND READING
    ORDINANCE NO. 2012-79
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-80
    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 2013, 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.
     
    ORDINANCE NO: 2012-81
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2012-41 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2012-41 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    ESOLUTION NO. 2012-82
    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. 2012-83
    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), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-84
    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.
     
    RESOLUTION NO. 2012-85
    INTRODUCED BY: ADMIN
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION (FULL-TIME DISPATCHERS), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-86
    INTRODUCED BY: ADMIN
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION (NON-DISPATCH FULL-TIME PERSONNEL), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-87
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH THE PETTY GROUP, LLC, FOR THE 2012 SIDEWALK REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-88
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH THE PETTY GROUP, LLC, FOR THE 2012 SIDEWALK REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-89
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH DAN RAY CONSTRUCTION FOR THE BRAINARD ROAD PUMP STATION PROJECT, AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-90
    INTRODUCED BY: ADMIN
     
    A RESOLUTION STRONGLY OPPOSING THE CONSIDERATION OR ADOPTION OF HB 601 BY THE OHIO GENERAL ASSEMBLY WHICH PROPOSES UNIFORMITY MEASURES FOR MUNICIPAL INCOME TAX IN THE FORM OF UNFUNDED MANDATES AND A SUBSTANTIAL LOSS OF REVENUE, AND DECLARING AN EMERGENCY.
     
    Confirm decision of the Board of Zoning Appeals:
     
    Case No. 2012-05
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2012-05 to deny requested variance to Patrick Ackerman of Boyer Signs, a representative of Mar-Lou Shoes, for a variance from the provisions of Section 1170.18 of the Planning and Zoning Code. The applicant requests to construct an electronic moving digital message sign at 5471 Mayfield Road. The code limits these electronic signs to properties having five (5) or more acres and six hundred (600) feet of frontage.
     
    TABLED ITEMS:
     
    ORDINANCE NO. 2012-24
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
     
    ORDINANCE NO. 2012-25
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
     
    ORDINANCE NO. 2012-26
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
     
    ORDINANCE NO. 2012-37
    INTRODUCED BY: COUNCILMAN LOPRESTI
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
     
    November 19, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, November 19, 2012 at 8:02 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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. J. Carroll, Chief of Fire; M. A. Franco, Assistant Clerk of Council.
     
    Absent: M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that the reading of the minutes of the Regular Meeting of Council held Monday, November 5, 2012, 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; therefore, he had no report.
     
    FINANCE COMMITTEE - Chairman Ward reported he distributed the minutes from the November 5, 2012 meeting to Council. Mr. Ward further stated the Finance Committee met tonight prior to the Council Meeting at 6:45P.M. Finance Director Kovalchik presented additional detail pursuant to both scenarios Council discussed at the November 5th meeting. Minutes will be forthcoming.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
     
    SAFETY COMMITTEE - Chairman LoPresti had no formal report; however, he said the committee met this evening at 7:30P.M. to discuss the Tethering Ordinance. Mr. LoPresti stated Ordinance No. 2012-37 has been amended, distributed to Council and recommends Amended Ordinance 2012-37 be passed. Mr. LoPresti also stated an Ordinance regarding parking fines will be forthcoming.
     
    SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel had no report.
     
    PLANNING COMMISSION - Chairman Marko had no report; however, he stated no meetings are scheduled.
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - No representative was present.
     
    The meeting was opened to public comment.
     
    Richard Clark, 5347 Chickadee Lane, stated he is concerned that not all residents are being considered equally in regards to the tax credit/tax rate issue and feels Council's inaction is not in the best interest of the residents.
     
    E. Dale Inkley, 5126 East Farnhurst, thanked Mr. Ward for his time and dedication to the tax credit/tax rate issue. Mr. Inkley stated there are only two choices raise taxes or decrease services. Mr. Inkley explained his thoughts regarding the two scenarios. Mr. Inkley also stated he is against Case No. 2012-05 on tonight's Agenda.
     
    Dennis Kane, 1152 Brainard, inquired about the revenue we receive from the Court.
    Mr. Frey and Mr. Ward jointly explained that our Finance Department manages the Court funds; however, their funds are separate from the Cities.
     
    Harry Singer, 5309 Golfway, asked that Council provide very detailed numbers regarding the tax increase and do not provide grossly inflated possible situations.
     
    Mr. Schlessel apologized to Mr. Unger for the inappropriate comments made to him by a Board member at the Board of Zoning meeting held Monday, November 12, 2012.
    Mr. Schlessel thanked the "Turkey Fairy" for leaving gloves, hats and blankets at a local bus stop for people in need.
     
    Mr. Marko presented an update on Ordinance No. 2012-74 regarding nuisance abatement. Mr. Marko stated the property is now being renovated. Mr. Marko also stated if it does not meet the Building Department's guidelines the Ordinance will be reinstated.
     
    Mr. Ward thanked the Service Department for the brochure that was mailed to residents regarding the updated recycling program. Mr. Ward also noted that the brochures were paid for with grant monies.
    Mr. Frey inquired what new items were added to the recycle list.
    Mr. Glady stated aerosol cans, pizza boxes, and phone books have been added to the list.
     
    SECOND READING
    ORDINANCE NO. 2012-78
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2012-78 be placed on second reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-78 is placed on second reading.
     
    SECOND READING
    ORDINANCE NO. 2012-79
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2012-79 be placed on second reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
    Nays: Gambatese
     
    Motion carried.
    Ordinance No. 2012-79 is placed on second reading.
     
    ORDINANCE NO. 2012-80
    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 2013, 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.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-80 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-80 was highlighted by Mrs. Franco, with Section 5 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-80 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-80 is passed.
     
    ORDINANCE NO: 2012-81
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2012-41 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2012-41 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-81 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-81 was highlighted by Mrs. Franco, with Section 16 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2012-81 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-81 is passed.
     
    RESOLUTION NO. 2012-82
    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. 2012-83
    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), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-84
    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.
     
    RESOLUTION NO. 2012-85
    INTRODUCED BY: ADMIN
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION (FULL-TIME DISPATCHERS), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-86
    INTRODUCED BY: ADMIN
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION (NON-DISPATCH FULL-TIME PERSONNEL), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr.Ward, seconded by Mr. Packard, that Resolution No. 2012-82, 2012-83, 2012-84, 2012-85 and 2012-86 be considered jointly for final adoption.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Resolution No. 2012-82, 2012-83, 2012-84, 2012-85 and 2012-86 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2012-82, 2012-83, 2012-84, 2012-85 and 2012-86 are adopted.
     
    ORDINANCE NO. 2012-87
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH THE PETTY GROUP, LLC, FOR THE 2012 SIDEWALK REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-87 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-87 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No.2012-87 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-87 is passed.
     
    ORDINANCE NO. 2012-88
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH THE PETTY GROUP, LLC, FOR THE 2012 SIDEWALK REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-88 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-88 was highlighted by Mrs. Franco, with Section 6 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2012-88 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-88 is passed.
     
    ORDINANCE NO. 2012-89
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH DAN RAY CONSTRUCTION FOR THE BRAINARD ROAD PUMP STATION PROJECT, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-89 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
     
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-89 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No.2012-89 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-89 is passed.
     
    Mr. Ward stated this change order will be net 0 to the City because the construction company exceeded the amount for inspection. He further stated it is built into the contract if the company exceeds the allowed amount they will cover the cost.
     
    RESOLUTION NO. 2012-90
    INTRODUCED BY: ADMIN
     
    A RESOLUTION STRONGLY OPPOSING THE CONSIDERATION OR ADOPTION OF HB 601 BY THE OHIO GENERAL ASSEMBLY WHICH PROPOSES UNIFORMITY MEASURES FOR MUNICIPAL INCOME TAX IN THE FORM OF UNFUNDED MANDATES AND A SUBSTANTIAL LOSS OF REVENUE, AND DECLARING AN EMERGENCY .
     
    It was moved by Mr. Ward, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-90 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Resolution No. 2012-90 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Packard, that Resolution No. 2012-90 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2012-90 is adopted.
     
    Mr. Ward stated that this Resolution is among many the City has sent to the State with no response.
     
    ORDINANCE NO. 2012-37
    INTRODUCED BY: COUNCILMAN LOPRESTI
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-37 be removed from table.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No.2012-37 be amended as distributed by the Safety Committee at the November 19, 2012 meeting.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-37 (Amended) be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-37 (Amended) is passed.
     
    Mr. Frey thanked Mr. LoPresti for his time and due diligence on the amendment and passage of this Ordinance.
     
    Board of Zoning Appeals Recommendations:
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2012-05 to deny requested variance to Patrick Ackerman of Boyer Signs, a representative of Mar-Lou Shoes, for a variance from the provisions of Section 1170.18 of the Planning and Zoning Code. The applicant requests to construct an electronic moving digital message sign at 5471 Mayfield Road. The code limits these electronic signs to properties having five (5) or more acres and six hundred (600) feet of frontage.
     
    The findings in Case No. 2012-05 as recorded in the minutes of the meeting of the Board of Zoning Appeals held November 12, 2012 were read by Mrs. Franco.
     
    Mr. Ward stated the Board of Zonings Appeals made a decision based on an Ordinance created specifically for electronic signs at City Hall and Legacy Village. Mr. Ward suggested Council overturn the decision of the board and ask the Ordinance go back to the Planning Commission for further review.
     
    Mr. Frey asked Mr. Ungar what his time frame is for installation of the sign.
    Mr. Ungar said he felt Mr. Ward expressed his intentions for the sign and would ask if Council has any questions for him.
    Mr. Schlessel asked Mr. Ungar what time frame he is working within.
    Mr. Ungar stated he would like to have the sign installed as quickly as possible.
    Mr. Schlessel stated he would vote to overturn the decision of the Board of Zoning Appeals.
    Mr. Murphy explained the Motion to overturn the decision should include any stipulations.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Council overturn the decision of the Board of Zoning Appeals in Case No. 2012-05 with the following stipulations:
     
  • The business is on a corner lot.
  • The business has more than 200 feet between the monument sign on their property and the business to the west.
  • Variance would be consistent with the intent of Council to move the Ordinance forward to the Planning Commission
  • The business would only advertise events on the property and products sold at Mar Lou Shoes
  • The sign will only operate during the hours from 7:00A.M. until 11:00P.M.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
    Nays: Frey.
     
    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 9:04 P.M.

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    November 5, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, November 5, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M. A. Franco, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, October 15, 2012.
     
    Approval of Council's appointee to the Legacy Village Lyndhurst Community Fund of the Cleveland Foundation.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    ORDINANCE NO. 2012-78
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
     
    TABLED ITEMS:
     
    ORDINANCE NO. 2012-24
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
     
    ORDINANCE NO. 2012-25
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING
     
    ORDINANCE NO. 2012-26
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
     
    ORDINANCE NO. 2012-29
    INTRODUCED BY: VICE MAYOR DAVID FREY
     
    AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
     
    ORDINANCE NO. 2012-37
    INTRODUCED BY: COUNCILMAN LOPRESTI
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
     
    November 5, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, November 5, 2012 at 8:04 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; L. M. Puskas, Building Inspector; M. J. Carroll, Chief of Fire; M. A. Franco, Assistant Clerk of Council.
     
    Absent: T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that the reading of the minutes of the Regular Meeting of Council held Monday, October 15, 2012, copies of which were mailed to all Members, be dispensed with and said minutes stand approved as circulated.
     
    The question was put to a voice vote and passed unanimously.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that the appointment of Arlene Schreiber as Council's representative to the Legacy Village Lyndhurst Community Fund of the Cleveland Foundation be approved.
     
    The question was put to a voice vote and passed unanimously.
     
    Mr. Ward stated that Arlene Schreiber has done an exceptional job and he highly recommends her.
     
    MAYOR'S REPORT - Mayor Cicero reported on the recent power outage due to Hurricane Sandy. Mayor Cicero thanked the CERT Team for going door to door to assist residents without power, and also the Holiday Inn in Mayfield for offering a discount to residents.
     
    Mr. Packard explained the course of action CERT took to assist residents. Mr. Packard thanked members of CERT and Melissa Weldon.
     
    FINANCE COMMITTEE - Chairman Ward read his minutes into the record:
     
    "The Finance Committee met Monday, October 15, 2012 at 7:00 p.m. Present were Council members Frey, Gambatese, LoPresti, Marko, Packard, Schlessel and Ward. Also present were, Mayor Cicero, Finance Director Kovalchik, Law Director Murphy, Chief Carroll and Chief Porrello. The purpose of the meeting was to continue discussion on the topic of the Income Tax Credit/Income Tax Rate Issue.
     
    "Finance Director Kovalchik distributed a "Tax Rate Scenario Chart" for discussion purposes showing the impact of a variety of approaches, eliminating the Income Tax credit, raising the Income Tax rate or combinations of the two. She explained that the chart was not yet complete as the data for one of the requested scenarios had not come over from RITA and that their formulas and ours were not agreeing. She will provide the Committee with updated charts once all of the data from RITA has been received and she is certain the formulas are correct. She indicated that, according to RITA, there are a total of 11,563 Lyndhurst taxpayers; 9,424 work outside Lyndhurst and 2,139 work and live in the City. Of the 9,424; the largest number work in Cities with a 2% tax rate. The average salary is just under $50,000.**
     
    "In response to Mr. Ward's question Mrs. Kovalchik explained that, should Council do nothing until June, the City would not collect $456,000 that would be collected if the .50 Credit was suspended effective January 1st. In answer to a question, she replied that the credit could be eliminated retroactively; however, it is a scenario that RITA highly discourages. Mr. Ward stated that eliminating the credit retroactively, since we are discussing it now would simply make Council look bad.
     
    "Mr. Ward directed the Committee's attention to the two pieces of Legislation that Mr. Murphy had prepared in DRAFT form for review. He explained that the first, numbered 2012-78 would eliminate Section 791.26 of the Codified Ordinances. This section is a moot point as it is not applied in practice currently. It would provide a .25 credit to a person from a contiguous community who works in Lyndhurst but, because of the number of detailed qualifying conditions it is unlikely RITA could even figure out a person's eligibility to receive that credit. Mr. Murphy, Mrs. Kovalchik and RITA recommend eliminating the section.
     
    "The second piece of DRAFT legislation, numbered 2012-79, deals with the Income Tax Credit as found in Section 791.27 of the Codified Ordinances. Mr. Ward indicated that prior Councils had adjusted and restored the Income Tax Credit back in the mid 1980's, as needed, and asked Mr. Murphy if it wouldn't be possible to word a current Ordinance in the same way as the legislation used at that time. Mr. Murphy indicated that it would be possible. Mr. Ward stated he liked how the section of the Codified Ordinances memorialized the actions of previous Councils. Mr. Murphy indicated the section would reflect the current or recent actions but the prior actions of Councils past could be memorialized in the "Whereas" clauses of any current Ordinance in order to assure it is preserved.
     
    "Mr. Ward asked the Committee members if there were any of the Tax Rate Scenarios they would like Mrs. Kovalchik to eliminate from further discussion. It was suggested that the 1.50% Rate with a 25% Credit, the 1.75% Rate with a 25% Credit, the 1.95% Rate with a 50% Credit, the 2% Rate with a 100% Credit and the 2.5% Rate with a 100% Credit be eliminated from the Chart. The 2.45% with a 100% Credit will be retained on the Chart for illustration purposes. Mr. LoPresti asked the items on the Chart be numbered or lettered so the scenarios can be easily matched with the impact chart. Mrs. Kovalchik indicated that it would be done.
     
    "In answer to a question posed by resident Richard Clark at a previous meeting Mrs. Kovalchik stated the City is ranked 4, for insurance purposes on an ISO Rating scale. A ranking of 4 is very, very respectable. As to what might happen to a homeowner's own insurance policy should the City's ranking fall, as Mr. Clark had asked, she indicated that the ranking is made up of a number of factors; staffing, equipment, training, the City's Bond Rating and so on. In the Homeowner Insurance market, however, different companies use different formulas - for instance, State Farm has their own ranking system - so Mr. Clark would need to check with his Insurance Carrier to find out if there would be an impact should the City be forced to cut staff and so on.
     
    Mr. Ward allowed a few more audience questions/comments as time allowed.
     
    With no further business to discuss the meeting adjourned at 7:58 pm."
     
    **Chairman's Footnote
     
    "Upon further conversation and clarification with RITA there was need to update the numbers relating to the number of "LYNDHURST TAXPAYERS" for the sake of these conversations…
     
    "There are a total of 11,563 W-2's filed for Lyndhurst - some individuals have multiple sources of W-2 Income; 9,424 of those W-2's are for work outside Lyndhurst and 2,139 W-2's are from those taxpayers who both work and live in the City. Of the 9,424; the largest number are from work in Cities with a 2% tax rate. The average salary is just under $50,000".
     
    Mr. Ward further stated that Finance Committee met tonight prior to the Council Meeting at 6:30P.M. Present were Council members Frey, Gambatese, LoPresti, Marko, Packard, Schlessel and Ward. Also present were, Mayor Cicero, Finance Director Kovalchik, Law Director Murphy, Chief Carroll and Chief Porrello. The purpose of the meeting was to continue discussion on the topic of the Income Tax Credit/Income Tax Rate issue. The Finance Committee recommends to Council passage of Ordinance 2012-79. Minutes will be forthcoming.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report; however, he stated he will be scheduling a meeting November 19, 2012 at 7:30 to discuss the Tethering Ordinance.
    Mr. Gambatese stated he has received calls regarding the deer population and inquired if Council feels further discussion is required.
    Mr. Ward said culling has been done in the past, but he has not met with the Metroparks recently.
    Mayor Cicero stated the Metroparks have culling twice a year.
     
    SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel had no report.
     
    PLANNING COMMISSION - Chairman Marko had no report.
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Bill Kent spoke of the New Day Mission at South Euclid Lyndhurst Schools. He said the Superintendent has set goals that she asked the students, faculty and residents hold her too. Mr. Kent stressed what a great job Ms. Reid is doing and shared his excitement of the "New Day" at South Euclid Lyndhurst Schools.
     
    Mr. Ward stated that Ms. Reid has done an exceptional job with her strategic plan and looks forward to seeing her future accomplishments.
     
    Mr. Frey said Ms. Reid's strategic plan for Garfield Heights Schools is on their web site if anyone is interested in seeing some of her past work.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2012-79 be added to the Agenda.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: Gambatese.
     
    Motion carried.
    Ordinance No. 2012-79 is placed on the Agenda.
     
    The meeting was opened to public comment.
     
    Richard Clark, 5347 Chickadee Lane, encouraged everyone to vote tomorrow for the levy. Mr. Clark stated that his neighbors would like clarification on the comment from the Mayor regarding the 50% tax credit not being a tax increase. Mr. Clark said he informed his neighbors the comment was explained at a Finance Committee Meeting as a statement that had been taken out of context; however, his neighbors would like to know where they can get the rest of the context.
     
    Mayor Cicero stated that the comment "this will not be a tax increase for every resident in the City" pertains to those who do not have an income.
     
    Dr, Jeff Salerno, 1438 Henning, asked Council to explain options B and D from the Finance Committee Meeting.
     
    Mr. Frey explained option B would be placed on the ballot as an increase of the tax rate from 1.5% to 1.75%, the tax credit would remain intact at 50%. Option D is an increase in the tax rate from 1.5% to 2% and the tax credit would remain intact at 50%.
     
    Mr. Frey informed Dr. Salerno that only option D is being considered for Council's Agenda.
     
    Dennis Kane, 1152 Brainard, asked for clarification from the Mayor regarding the tax increase comment. Mr. Kane stated that if the reporter took something out of context he feels the reporter should be taken to task.
     
    Marge Cirillo, 5173 Graham, inquired about the bulk order of polo shirts on the Board of Control Agenda.
     
    Mayor Cicero explained that is part of the police uniform.
     
    Ms. Cirillo stated she was embarrassed that it took so long for the City to respond to residents needs after Hurricane Sandy.
     
    E. Dale Inkley, 5126 East Farnhurst, suggested at the next Council Coffee that the City Departments be in a separate room from the speakers.
     
    Mr. Gambatese expressed his concern regarding Ordinance No. 2012-79. Mr. Gambatese stated that since so few residents have been attending the Finance Committee Meetings that he and Dr. Salerno created a petition that reads Oppose Rescinding of the City of Lyndhurst 50% Tax Credit which they solicited 127 signatures. Mr. Gambatese stated that he will be submitting the petition into the record.
     
    Mr. Murphy stated that Ordinance No. 2012-79 has not been introduced and it is improper under the rules to discuss it at the Council Meeting until it is on first reading.
     
    Mr. Ward explained that employees do not receive any uniform funds; the City purchases the uniforms for employees to guarantee they have what is required, so uniforms are maintained and for the bulk order savings. Mr. Ward also said he would welcome any suggestions regarding the income tax credit/income tax rate.
     
    Mr. Frey stated that Reporter Jeff Piorkowski will no longer cover Lyndhurst he has been moved to Beachwood.
     
    ORDINANCE NO. 2012-78
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2012-78 be placed on first reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-78 is placed on first reading.
     
    ORDINANCE NO. 2012-79
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2012-79 be placed on first reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
    Nays: Gambatese
     
    Motion carried.
    Ordinance No. 2012-79 is placed on first reading.
     
    ORDINANCE NO. 2012-29
    INTRODUCED BY: VICE MAYOR DAVID FREY
     
    AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-29 be removed from table.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-29 be passed.
     
    Roll Call:
     
    Yeas: None.
    Nays: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
     
    Motion carried.
    Ordinance No. 2012-29 is defeated.
     
    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 9:01 P.M.

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     Meetings Convened in October 2012:

    October 15, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, October 15, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M. A. Franco, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, October 1, 2012.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    RESOLUTION NO. 2012-74
    INTRODUCED BY: COUNCILMAN FREY
     
    A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-20-007 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. 2012-75
    INTRODUCED BY: ADMIN
     
    A RESOLUTION PROVIDING FOR HALLOWEEN OBSERVANCE UPON THE STREETS AND OUT-OF- DOORS FOR OCTOBER 31, 2012, BETWEEN THE HOURS OF 6:00 P.M. AND 8:00 P.M.
     
    RESOLUTION NO. 2012-76
    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. 2012-77
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 159 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "EMPLOYEES GENERALLY" BY AMENDING SECTION 159.11 REGARDING SICK LEAVE AND DECLARING AN EMERGENCY.
     
    Confirm decision of the Board of Zoning Appeals:
     
    Case No. 2012-04
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2012-04 to grant requested variance to Nancy Hyland of 1544 Clubside Road, for a variance from the provisions of Section 1160.04(a)(1) A of the Planning and Zoning Code. The applicant requests to build a second garage with a pool equipment room attached, on her property. The code limits a property owner to one garage, no greater than 775 square feet and not more than 15 feet in height.
     
    Correspondence: David Raber Attorney for Giant Eagle located at 25105 Cedar Road seeks to transfer ownership and location of a Class D1, D2 beer and wine permit.
     
    TABLED ITEMS:
     
    ORDINANCE NO. 2012-24
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
     
    ORDINANCE NO. 2012-25
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
     
    ORDINANCE NO. 2012-26
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
     
    ORDINANCE NO. 2012-29
    INTRODUCED BY: VICE MAYOR DAVID FREY
     
    AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
     
    ORDINANCE NO. 2012-37
    INTRODUCED BY: COUNCILMAN LOPRESTI
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
     
    October 15, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, October 15, 2012 at 8:04 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; L. M. Puskas, Building Inspector; M. J. Carroll, Chief of Fire; M. A. Franco, Assistant Clerk of Council.
     
    Absent: M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that the reading of the minutes of the Regular Meeting of Council held Monday, October 1, 2012, 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 read his minutes into the record:
     
    "The Finance Committee met Tuesday, October 9, 2012 at 6:15 p.m. Present were Council members Frey, Gambatese, LoPresti, Packard, Schlessel and Ward. Also present were, Mayor Cicero and Finance Director Kovalchik. The purpose of the meeting was to continue discussion on the topic of the Income Tax Credit/Income Tax Rate Issue.
     
    "Chairman Ward opened the discussion by enumerating the many changes to programs and operations this Council and the Administration have enacted, especially since 2007. These include the Early Retirement Incentive Program, Automated Recycling, Automated Trash Collection, Replacing Brainard Pool with a Splash Park, EMS and MVA Billings, SELREC, Animal Warden outsourcing, School Crossing and Park Guard changes, Boards and Commissions stipend changes, Tree Program Assessment, grants, RITA Subpoena Program, Rental and Foreclosure registrations and more. We also have received help from our employees with (2) year contract extensions and our yearly medical benefits review which has save the City greatly. All of these initiatives have cut over $1.2 million in yearly expense from our budgets. Without this hard work, on everyone's part, we would have been forced to visit the Income Tax topic several years ago.
     
    "Chairman Ward then asked Finance Director Kovalchik to explain the "Hole" the City is facing due specifically to cuts the State has made. Mrs. Kovalchik explained that the loss of Estate Tax revenue, which will not be assessed after December 31st, along with lower Local Government Assistance, which is impacting our schools as well, when coupled with lower property values will impact the City to the tune of $1.67 million per year. She stated that by 2015 the City will be looking at a negative carry-forward balance of over $1.6 million. She said that currently Income Tax is showing well ahead of last year but one large payer has filed an estimate from which a sizeable refund may end up being due once returns are filed. In any event Income Tax revenue continues to be healthy. She has also figured in added personnel at the Cleveland Clinic Lyndhurst Campus as per the Clinic's representations.
     
    "Mr. Ward sated the options to fill the "hole" are layoffs, further program cuts or eliminations, increasing our Income Tax Rate or adjusting the Income Tax Credit. Mr. Frey had asked, at a previous meeting, if it would be possible to illustrate the loss of revenue against our budget. Mrs. Kovalchik prepared an illustration, for discussion purposes only, showing the impact of $1.67 million dollars in cuts spread evenly across our departments. The changes to essential services alone were sobering to see on paper. Mr. Gambatese had asked if Mrs. Kovalchik could provide a chart of the various Income tax scenarios that had been talked about. All members were provided a chart illustrating the impact of eliminating the Tax Credit which was distributed for review. Mr. Gambatese stated that there was no question that additional money is needed and the chart provided is very helpful indicating the options we have. Members asked numerous questions about the different tax rate/credit combinations.
     
    "Mr. Ward suggested one approach would be to reduce the credit to 25% for now and put a rate increase question on the ballot next year. Mr. Schlessel indicated it would not be wise to approach the matter piecemeal and revisiting it over and over again. Mr. Gambatese indicated he would be in favor of an approach that shares the burden between residents and non-residents who work in the City. Mr. Packard and Mr. LoPresti were in favor of getting additional resident input.
     
    "Mr. Ward opened the discussion to the residents present. Mr. Richard Clark questioned the impact that potential cuts to the safety forces would have upon his homeowner's insurance rates. Mr. Ward stated that the City is rated on numerous criteria including personnel, equipment and so on. Mrs. Kovalchik indicated that it was a very good question and she would see if there might be any data available to provide a more definitive answer. Dr. Salerno, a resident and business owner indicated he would prefer Council opt for an approach that balances the burden over residents and non-residents as that would seem fair. He said that, since many Lyndhurst businesses are small operations that are attracted to the location and the traffic along our main arteries they would not be looking at the City's tax rate as a primary deciding factor if looking to locate, stay or expand in Lyndhurst. Mr. Dennis Kane indicated that he learned a lot from the meeting and that Council needed to be sure to clearly communicate who will be impacted and how they will be impacted by any decision that is made.
     
    "Mr. Ward stated that he will ask the Director of Law to draw up legislation rescinding the tax credit for the Committee to review prior to the next Council meeting. The Committee can review the legislation at its next meeting, 7pm on October 15, and decide whether to recommend Council's consideration or suggest an alternate approach. Mrs. Kovalchik will prepare additional illustrations on two scenarios; rescinding the full credit now, placing a tax increase question on a May ballot to 2% with a .50% credit or a combination of the two.
     
    With no further business to discuss the meeting adjourned at 7:27 pm."
     
    Mr. Ward stated that the committee met prior to this evening's Council meeting and minutes will be forthcoming. He also aired that the committee will be meeting prior to the next Council Meeting.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report; however, he stated he will be scheduling a meeting prior to the next Council meeting to discuss the Tethering Ordinance, Police Department Composition and fine increases.
     
    SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel had no report.
     
    PLANNING COMMISSION - Chairman Marko had no report.
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Alfreda Wynne gave an update on activities and accomplishments within the South Euclid Lyndhurst School District;
     
    Ms. Wynne stated that October 1st, twenty one (21) Brush Juniors and Seniors were inducted into the National Honor Society. She said the criteria for National Honor Society include maintaining a 3.5 grade point average or higher every quarter, participation in extra circular activities and community service work. She congratulated the students for their hard work.
     
    Ms. Wynne stated that Rebecca Rossi, a 6th grader at Greenview requested school supplies in lieu of birthday gifts. Rebecca donated binders, paper, rulers and other school items to students at Greenview who were unable to purchase supplies. Ms. Wynne said she is an excellent example of the wonderful students in South Euclid Lyndhurst School District.
     
    Ms. Wynne announced Homecoming was Friday, October 12th. The parade kicked off at 5:30PM and the game began at 7:00PM, Brush Arcs beat Shaker Red Raiders in a close game with a final score of 22-21. The Brush Arcs are 3-0 in the division. The next game is Thursday, October 18th at Parma High School and the last game is on October 28th against Garfield at Korb Field. The Homecoming Dance was a success with no incidences.
     
    Ms. Wynne stated the levy campaign is in full swing. She disclosed if the levy passes it will cost the owner of a home valued at one hundred thousand dollars ($100,000.00) about one hundred eighty dollars ($180.00) a year or about fifteen dollars ($15.00) a month. She said funds generated will be used for maintaining current educational programs.
     
    Ms. Wynne stated October 16th at the Board of Education Meeting the treasurer will give an update on the board recovery plan, and everyone is invited. She also added that yard signs for the school levy are available and can be obtained by contacting her.
     
    Ms. Wynne announced that on September 25, 2012, Devonte Burns, a 10 year old South Euclid resident and Greenview student passed away after a long battle with brain cancer. He was active in Gator Football and South Euclid Rec Basketball. She stated that classmates, friends and community members remembered him at his funeral on Saturday, October 6, 2012. Greenview has established a fund for the family and if anyone would like to make a donation contact the school.
     
    Ms. Wynne said Friday Sunview had its Walk a thon and walk to school day. Students walked to raise money for PTA activities and promoting a healthy lifestyle. Rainbow Babies and Children Hospital was on hand for this event. Sunview students raised over one thousand dollars ($1,000.00).
     
    Ms. Wynne stated Saturday, October 6, 2012 Adrian Elementary had its Walk a thon at Euclid Creek Park. Students, teachers and parents walked to raise money for PTA activities. The students raised over five thousand dollars ($5,000.00). Ms. Wynne listed some of their sponsors; Cleveland Clinic, Senders Pediatrics, Whole Foods, Second Sole, Trader Joes, and South Euclid Fire Department.
     
    Ms. Wynne announced the following dates to remember:
    Tuesday, October 16, 2012 at 7:00PM Board of Education Meeting;
    Friday, October 28, 2012 Brush's last home game;
    Tuesday, November 6, 2012 is Election Day and no school.
     
    Ms. Wynne concluded with introducing two of South Euclid Lyndhurst School District finest. Matt Kendig a 4th grader at Greenview shared information about his experience in South Euclid Lyndhurst Schools and Taylor Wynne an 8th grader at Memorial that placed first in the Martin Luther King Oratorical. Taylor Wynne presented her Oration to Council.
     
    Mayor Cicero commended Matt Kendig and Taylor Wynne for their great speeches and hard work. Mayor Cicero presented the students with a City of Lyndhurst Plate. Mayor Cicero wished Matt Kendig a Happy 10th Birthday.
     
    The meeting was opened to public comment.
     
    Richard Clark, 5347 Chickadee Lane, stated he is happy with all services the City offers; however, he voiced his concern regarding the verbiage of the snow plow portion of the letter dated September 2012 from the City that was mailed to all residents.
     
    Mr. Ward stated that having snow plow drivers register with the City has been invaluable.
     
    Dr, Jeff Salerno, 1438 Henning, expressed his concern regarding the proposed elimination of the tax credit for residents that work outside the community.
     
    Dennis Kane, 1152 Brainard, asked for clarification on the quote from the Mayor regarding the tax issue in the Sun Newspaper. Mr. Kane asked for forthrightness from the Mayor and Council.
     
    Doug Hartman, 5095 Eastover, stated he was present to support Dr. Salerno. He said the tax burden should be on both residents and people employed within the City.
     
    Ryan Davis, 1444 Henning, stated he has been a City of Lyndhurst resident for 9 years; he is present to support Dr. Salerno and the other residents that are concerned about the tax increase. He asked Council to take care of the residents so the residents can take care of their families.
     
    Michael Rini, 1376 Parkview, stated he is present in support of Dr. Salerno and the other residents that feel the proposed tax increase is unfair.
     
    Dan Reginelli, 1100 Churchill, stated he is present in support of Dr. Salerno, he likes living in Lyndhurst and would appreciate anything Council could do to help keep him and his family in the City.
     
    Steve Wilkes, 1238 Rae, stated he is present in support of Dr. Salerno.
     
    Mr. Ward thanked everyone for coming to the meeting and sharing their thoughts and feelings regarding the tax rate/tax credit issue.
     
    RESOLUTION NO. 2012-74
    INTRODUCED BY: COUNCILMAN FREY
     
    A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-20-007 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. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-74 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Resolution No. 2012-74 was highlighted by Mrs. Franco, with Section 8 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that Resolution No.2012-74 be adopted.
     
    Mr. Frey stated that several years ago at the request of the Building Department Council put legislation on the books that allow Council to remediate issues with properties by way of a resolution. Mr. Frey stated after due diligence the problem gets remedied and he is happy to say that due to the legislation enacted several years ago Council is able to take care of the problem and concerns of the residents.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2012-74 is adopted.
     
    RESOLUTION NO. 2012-75
    INTRODUCED BY: ADMIN
     
    A RESOLUTION PROVIDING FOR HALLOWEEN OBSERVANCE UPON THE STREETS AND OUT-OF- DOORS FOR OCTOBER 31, 2012, BETWEEN THE HOURS OF 6:00 P.M. AND 8:00 P.M.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-75 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
     
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Resolution No. 2012-75 was highlighted by Mrs. Franco, with Section 2 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2012-75 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2012-75 is adopted.
     
    RESOLUTION NO. 2012-76
    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 .
     
    It was moved by Mr.Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-76 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Resolution No. 2012-76 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Resolution No. 2012-76 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-76 is adopted.
     
    ORDINANCE NO. 2012-77
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 159 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "EMPLOYEES GENERALLY" BY AMENDING SECTION 159.11 REGARDING SICK LEAVE AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-77 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-77 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-77 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-77 is passed.
     
    Board of Zoning Appeals Recommendations:
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2012-04 to grant requested variance to Nancy Hyland of 1544 Clubside Road, for a variance from the provisions of Section 1160.04(a)(1) A of the Planning and Zoning Code. The applicant requests to build a second garage with a pool equipment room attached, on her property. The code limits a property owner to one garage, no greater than 775 square feet and not more than 15 feet in height.
     
    The findings in Case No. 2012-04 as recorded in the minutes of the meeting of the Board of Zoning Appeals held October 8, 2012 were read by Mrs. Franco.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Council confirm the decision of the Board of Zoning Appeals in Case No. 2012-04.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
     
    Correspondence from David Raber Attorney for Giant Eagle located at 25105 Cedar Road seeks to transfer ownership and location of a Class D1, D2 beer and wine permit.
     
    Mr. Murphy explained the change in licensing would allow both wine and beer taste testing at the stores location. Mr. Murphy stated that if any other establishments request this license change they would need to go through the State and also require Council's approval.
     
    Correspondence was noted with approval to mail the requested letter to Attorney David Raber.
     
    It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:55 P.M.

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    October 1, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, October 1, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M. A. Franco, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Wednesday, September 19, 2012.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    THIRD READING
     
    ORDINANCE NO. 2012-63
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO MODIFICATION NUMBER 2 TO THE COUNCIL OF GOVERNMENTS AGREEMENT DATED JUNE 1, 1978, PROVIDING FOR THE CONTINUATION OF THE COMMISSION ON AGING ESTABLISHED THEREIN, ADDING ADDITIONAL MEMBERS AND SETTING OUT THE RIGHTS DUTIES AND OBLIGATIONS OF EACH MEMBER, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-70
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH DONALD J. SCHONHARDT & ASSOCIATES, INC., TO PROVIDE ASSISTANCE IN THE PREPARATION OF BASIC FINANCIAL STATEMENTS FOR THE CITY AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-71
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH CHAGRIN VALLEY PAVING, INC. FOR THE 2012 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-72
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH TRI MOR, INC. FOR THE WINCHESTER ROAD RECONSTRUCTION PHASE II AND THE 2012 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-73
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH TRI MOR, INC. FOR THE WINCHESTER ROAD RECONSTRUCTION PHASE II AND THE 2012 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
     
    TABLED ITEMS:
     
    ORDINANCE NO. 2012-24
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
     
    ORDINANCE NO. 2012-25
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
     
    ORDINANCE NO. 2012-26
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
     
    ORDINANCE NO. 2012-29
    INTRODUCED BY: VICE MAYOR DAVID FREY
     
    AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
     
    ORDINANCE NO. 2012-37 INTRODUCED BY: COUNCILMAN LOPRESTI
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
     
    October 1, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, October 1, 2012 at 8:04 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, P. A. Ward.
     
    Others Present: J. M. Cicero, Jr., Mayor; R. J. Schmidlin, Jr., Acting Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. J. Carroll, Chief of Fire; M. A. Franco, Assistant Clerk of Council.
     
    Absent: P. T. Murphy, Director of Law; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that the reading of the minutes of the Regular Meeting of Council held Wednesday, September 19, 2012, 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; however, he stated Finance Committee met prior to the Council Meeting and minutes will be forthcoming.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
     
    SAFETY COMMITTEE - Chairman LoPresti stated that he met with the animal warden and chief of police which is working in conjunction with the prosecutor regarding tethering of animals. Mr. LoPresti said he will submit the information obtained to the law director for an amendment of Ordinance No. 2012-37, and will be scheduling another Safety Committee Meeting.
     
    SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel had no report.
     
    PLANNING COMMISSION - Chairman Marko had no report.
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - No representative was present; however, Mr. Frey stated that Superintendent Reid is in Columbus for the next few days attending to legislative issues. Mr. Frey also said the Levy Campaign Committee is continuing to make progress, they did a literature drop this past weekend and several signs have started to appear in yards.
     
    The meeting was opened to public comment.
     
    David Miller, 3826 Merrymound, South Euclid, asked for Council's endorsement of South Euclid Lyndhurst School Levy.
     
    Elizabeth DeGiovanni, 5169 Thornbury, thanked Council for the Council Coffee. Ms. DeGiovanni inquired about the tabled items on the agenda.
     
    Mr. Ward explained that tabled items can only be removed with formal action, and the ordinances that are tabled at this time are due to pending litigation.
     
    Mr. Ward stated the Council Coffee was a nice event, residents found great information from all departments. The superintendent was available for questions, which residents appreciated. Mr. Ward said attendance was good, but would always welcome more.
     
    Mr. Schlessel stated that the reverse 911 call to notify residents of the event was not received by some residents until the day of the event.
     
    Mr. Ward stated that no money will ever be put into City Watch again.
     
    THIRD READING
     
    ORDINANCE NO. 2012-63
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO MODIFICATION NUMBER 2 TO THE COUNCIL OF GOVERNMENTS AGREEMENT DATED JUNE 1, 1978, PROVIDING FOR THE CONTINUATION OF THE COMMISSION ON AGING ESTABLISHED THEREIN, ADDING ADDITIONAL MEMBERS AND SETTING OUT THE RIGHTS DUTIES AND OBLIGATIONS OF EACH MEMBER, 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 and that Ordinance No. 2012-63 be placed on third reading for final passage.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-63 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-63 is passed.
     
    ORDINANCE NO. 2012-70
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH DONALD J. SCHONHARDT & ASSOCIATES, INC., TO PROVIDE ASSISTANCE IN THE PREPARATION OF BASIC FINANCIAL STATEMENTS FOR THE CITY AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-70 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-70 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-70 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-70 is passed.
     
    ORDINANCE NO. 2012-71
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH CHAGRIN VALLEY PAVING, INC. FOR THE 2012 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-71 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-71 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2012-71 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-71 is passed.
     
    ORDINANCE NO. 2012-72
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH TRI MOR, INC. FOR THE WINCHESTER ROAD RECONSTRUCTION PHASE II AND THE 2012 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-72 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.  Rules Suspended.
     
    Ordinance No. 2012-72 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2012-72 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-72 is passed.
     
    ORDINANCE NO. 2012-73
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH TRI MOR, INC. FOR THE WINCHESTER ROAD RECONSTRUCTION PHASE II AND THE 2012 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-73 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-73 was highlighted by Mrs. Franco, with Section 6 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Packard, that Ordinance No. 2012-73 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-73 is passed.
     
    It was moved by Mr. Schlessel, seconded by Mr. Packard, 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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     Meetings Convened in September 2012:

    September 19, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Wednesday, September 19, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M. A. Franco, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Tuesday, September 4, 2012.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    SECOND READING
    ORDINANCE NO. 2012-63
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO MODIFICATION NUMBER 2 TO THE COUNCIL OF GOVERNMENTS AGREEMENT DATED JUNE 1, 1978, PROVIDING FOR THE CONTINUATION OF THE COMMISSION ON AGING ESTABLISHED THEREIN, ADDING ADDITIONAL MEMBERS AND SETTING OUT THE RIGHTS DUTIES AND OBLIGATIONS OF EACH MEMBER, AND DECLARING AN EMERGENCY.
     
    SECOND READING
    ORDINANCE NO. 2012-65
    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.
     
    RESOLUTION NO. 2012-66
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT KNOWN AS THE EUCLID CREEK WATERSHED PARTNERSHIP AGREEMENT, APPROPRIATING FUNDS TO COMPLY WITH SAID AGREEMENT, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-67
    INTRODUCED BY: ADMIN
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2012 REPEALING ORDINANCE NO. 2012-57 AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-68
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH NERONE & SONS, INC., FOR THE BRAINARD ROAD SANITARY FORCE MAIN PROJECT, AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-69
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO REQUEST AN EXTENSION OF THE CLEAN OHIO REVITALIZATION FUND GRANT AGREEMENT FROM THE CLEAN OHIO COUNCIL TO ASSIST IN THE CLEAN UP OR REMEDIATION OF A BROWNFIELD LOCATED AT CUYAHOGA COUNTY PERMANENT PARCEL NUMBER 712-21-012, 712-21-013, 712-21-014 AND 712-21-015, AND DECLARING AN EMERGENCY.
     
    TABLED ITEMS:
     
    ORDINANCE NO. 2012-24
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
     
    ORDINANCE NO. 2012-25
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
     
    ORDINANCE NO. 2012-26
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
     
    ORDINANCE NO. 2012-29
    INTRODUCED BY: VICE MAYOR DAVID FREY
     
    AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
     
    ORDINANCE NO. 2012-37
    INTRODUCED BY: COUNCILMAN LOPRESTI
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
     
    September 19, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Wednesday, September 19, 2012 at 8:06 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; L. M. Puskas, Building Inspector; M. A. Franco, Assistant Clerk of Council.
     
    Absent: M. J. Carroll, Chief of Fire; T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that the reading of the minutes of the Regular Meeting of Council held Tuesday, September 4, 2012, 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; however, he thanked the Homedays Committee for another great Homedays.
     
    FINANCE COMMITTEE - Chairman Ward had reported they met this evening prior to the Council Meeting to discuss current and 2013 budget issues. Mr. Ward summarized the meeting stating that the City will receive 1.2 million dollars less due to the economy and numerous changes from the state. Changes the City has already made is not enough to cover the gap. There will be further discussions to follow.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko reported the committee met jointly with Legislative Committee prior to the Council meeting this evening to discuss pool pass policies, many issues were discussed that will be written and submitted to Council.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report; however, he asked Mr. Glady the status of the road projects.
     
    Mr. Glady stated that the road projects are winding down. The concrete and slab projects have been completed.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report.
     
    SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel stated the committee met prior to the Council Meeting, many recommendations were made regarding pool pass policies. The recommendations along with reciprocity issues will be discussed at a later time. Mr. Schlessel announced that the Sprayground had a very successful season with a great increase in pool parties which provides great revenue for our pools. Mr. Schlessel gave compliments to Julie and Mary for their presentations at the meeting.
     
    Mr. Frey noted that no action or recommendations were taken at the meeting.
     
    PLANNING COMMISSION - Chairman Marko had no report.
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Linda Reid introduced herself as the new superintendent for the South Euclid - Lyndhurst School District. Ms. Reid stated one of her priorities is to be visible to both communities, administration and students. Ms. Reid stated that she has collectively met with all the administrators and students within the school district. She shared information regarding a current fund raiser, Playing for the Cure. Ms. Reid stressed the importance of passing the levy that will be on the November Ballot. Ms. Reid spoke of the wonderful time she had at Lyndhurst Homedays and in the parade.
     
    The meeting was opened to public comment.
     
    Richard Clark, 5347 Chickadee Lane, stated that Council needs to be more assertive with communication to secure votes for the passage of tax levies.
     
    Edward Klimas, 4893 South Sedgewick Drive, discussed his concern with Acacia Country Club and the South Euclid-Lyndhurst Library. Mr. Klimas stated that not all public lands enhance adjacent communities. He also expressed discontent regarding the move of the library.
     
    Mr. Ward aired the Council Coffee/City Expo will be held next Saturday, September 29th from 9:00 AM until 12:00PM. This event will include the South Euclid/Lyndhurst Schools, Commission on Aging, Meals on Wheels and all City Departments will be represented. Community shredding will be available at the Community Center Parking Lot from 11:30 AM until 3:30 PM, along with prescription drug drop off at the Lyndhurst Police Department Booth.
     
    Mr. Gambatese inquired about the advertising of the event. Mr. Ward informed Mr. Gambatese the events are listed on the website, in the newspaper, a reverse 911 will be placed and flyers have been available in the Community Center for several weeks.
     
    SECOND READING
    ORDINANCE NO. 2012-63
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO MODIFICATION NUMBER 2 TO THE COUNCIL OF GOVERNMENTS AGREEMENT DATED JUNE 1, 1978, PROVIDING FOR THE CONTINUATION OF THE COMMISSION ON AGING ESTABLISHED THEREIN, ADDING ADDITIONAL MEMBERS AND SETTING OUT THE RIGHTS DUTIES AND OBLIGATIONS OF EACH MEMBER, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2012-63 be placed on second reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-63 is placed on second reading.
     
    SECOND READING
    ORDINANCE NO. 2012-65
    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 .
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-65 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-65 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No.2012-65 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-65 is passed.
     
    RESOLUTION NO. 2012-66
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT KNOWN AS THE EUCLID CREEK WATERSHED PARTNERSHIP AGREEMENT, APPROPRIATING FUNDS TO COMPLY WITH SAID AGREEMENT, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-66 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Resolution No. 2012-66 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2012-66 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2012-66 is adopted.
     
    ORDINANCE NO. 2012-67
    INTRODUCED BY: ADMIN
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2012 REPEALING ORDINANCE NO. 2012-57 AND DECLARING AN EMERGENCY.
     
    It was moved by Mr.Ward, seconded by Mr. LoPresti, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-67 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-67 was highlighted by Mrs. Franco, with Section 11 being read in its entirety.
     
    It was moved by Mr. Packard, seconded by Mr. Ward, that Ordinance No.2012-67 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-67 is passed.
     
    ORDINANCE NO. 2012-68
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH NERONE & SONS, INC., FOR THE BRAINARD ROAD SANITARY FORCE MAIN PROJECT, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-68 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-68 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No.2012-68 be passed.
     
    Mr. Frey asked the service director if he could provide any further information regarding this Change Order.
    Mr. Glady stated that the manhole elevation is different where the pipe connects to the existing manhole, so it must be moved.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-68 is passed.
     
    RESOLUTION NO. 2012-69
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO REQUEST AN EXTENSION OF THE CLEAN OHIO REVITALIZATION FUND GRANT AGREEMENT FROM THE CLEAN OHIO COUNCIL TO ASSIST IN THE CLEAN UP OR REMEDIATION OF A BROWNFIELD LOCATED AT CUYAHOGA COUNTY PERMANENT PARCEL NUMBER 712-21-012, 712-21-013, 712-21-014 AND 712-21-015, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-69 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Resolution No. 2012-69 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2012-69 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2012-69 is adopted.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:43 P.M.

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    September 4, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Tuesday, September 4, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M. A. Franco, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, August 6, 2012.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    ORDINANCE NO. 2012-58
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 159 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "EMPLOYEES GENERALLY" BY AMENDING SECTION 159.10 REGARDING VACATIONS AND HOLIDAYS AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2011-59
    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.
     
    RESOLUTION NO: 2012-60
    INTRODUCED BY: ADMIN
     
    A RESOLUTION APPROVING THE SOLID WASTE MANAGEMENT PLAN UPDATE (2013-2028) FOR THE CUYAHOGA COUNTY SOLID WASTE MANAGEMENT DISTRICT.
     
    ORDINANCE NO. 2012-61
    INTRODUCED BY: COUNCILMAN SCHLESSEL
     
    AN ORDINANCE DETERMINING TO RESCHEDULE THE SECOND REGULAR MEETING OF COUNCIL IN SEPTEMBER, 2012 FROM MONDAY, SEPTEMBER 17, 2012 TO WEDNESDAY, SEPTEMBER 19, 2012.
     
    ORDINANCE NO. 2012-62
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH TRI MOR, INC. FOR THE WINCHESTER ROAD RECONSTRUCTION PHASE II AND THE 2012 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-63
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO MODIFICATION NUMBER 2 TO THE COUNCIL OF GOVERNMENTS AGREEMENT DATED JUNE 1, 1978, PROVIDING FOR THE CONTINUATION OF THE COMMISSION ON AGING ESTABLISHED THEREIN, ADDING ADDITIONAL MEMBERS AND SETTING OUT THE RIGHTS DUTIES AND OBLIGATIONS OF EACH MEMBER, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-64
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE DETERMINING THE PORTIONS OF THE SANITARY SEWER ASSESSMENT TO BE ALLOCATED TO EACH SEWER FUND FOR THE TAX YEAR 2012, IN ACCORDANCE WITH SECTION 925.02(b) OF THE CODIFIED ORDINANCES.
     
    ORDINANCE NO. 2012-65
    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.
     
    Confirm decision of the Board of Zoning Appeals:
     
    Case No. 2012-02
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2012-02 to grant requested variance to Deborah Hirshkorn of 5148 Bridgewater Road for a variance from the front yard setback requirements, as defined in Chapter 1160.05(a) of the Planning and Zoning Code. She is seeking to construct a front porch that will encroach eighteen (18) feet into the forty (40) foot setback as defined for Bridgewater Road.
     
    Case No. 2012-03
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2012-03, to grant requested variance to Christine A. Curtis and Donald W. Haugh of 1799 Brainard Road for a variance from Chapter 1160.03 Schedule of Accessory Buildings, Uses and Structures (a)(9) Recreational Facilities, of the Planning and Zoning Code, to permit the use of a forty (40) feet by twenty-seven (27) foot area for the construction of a garden railroad. The variance requested would be for the use and also location as setback requirements are not listed for this specific use.
     
    Correspondence: Ohio Division of Liquor Control regarding issuance of a new liquor permit to ARS Food Services, LLC DBA Red Square Restaurant and party center.
     
    TABLED ITEMS:
     
    ORDINANCE NO. 2012-24
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
     
    ORDINANCE NO. 2012-25
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
     
    ORDINANCE NO. 2012-26
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
     
    ORDINANCE NO. 2012-29
    INTRODUCED BY: VICE MAYOR DAVID FREY
     
    AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
     
    ORDINANCE NO. 2012-37
    INTRODUCED BY: COUNCILMAN LOPRESTI
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
     
    September 4, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Tuesday, September 4, 2012 at 8:04 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
     
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; J. R. Mandato, Building Inspector; D. J. Isaac, Fire Captain; M. A. Franco, Assistant Clerk of Council.
     
    Absent: M. J. Carroll, Chief of Fire; T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that the reading of the minutes of the Regular Meeting of Council held Monday, August 6, 2012, 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. Packard, that the reading of the minutes of the Special Meeting of Council held Monday, August 6, 2012, 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; however, he stated there would be a Finance Committee Meeting prior to the next Council Meeting.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report; however, he stated there would be a Public Lands and Buildings Committee Meeting held jointly with Legislative Committee prior to the next Council Meeting.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
     
    SAFETY COMMITTEE - Chairman LoPresti stated the committee had met prior to the Council Meeting to discuss Ordinance 2012-37, the result of that meeting was to propose additional discussions between the dog warden, prosecutor, Chief of Police, and Mr. LoPresti which will take place before the end of the year. Also, parking fines were briefly discussed.
     
    SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel had no report.
     
    PLANNING COMMISSION - Chairman Marko had no report.
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - No representative was present.
     
    The meeting was opened to public comment.
     
    Richard Clark, 5347 Chickadee Lane, asked the Police Department to check that sidewalks are shoveled and not impeded from snow plows. Mr. Clark also asked the Police Department to enforce dog regulations, especially with regard to dogs without leashes.
     
    George DiSanto, 1960 Caronia Drive, discussed an article from Sun Press regarding the Alberta Park and Brainard Road Intersection. He said the article stated that nothing can or should be done. Mr. DiSanto said that Chagrin Valley Engineering and TMS Engineering are both good companies but feels that due to the time of day their studies were conducted the results are inconclusive.
     
    Donald Haugh, 1799 Brainard Road, echoed the comments from Mr. DiSanto regarding the Alberta Park and Brainard Road intersection. Mr. Haugh agreed that something needs to be done at that intersection and would appreciate any help Council could offer to find a resolution.
     
    Mr. Gambatese thanked Superintendent Reid for attending a block party.
     
    Mr. Marko reminded everyone that this weekend Lyndhurst Homedays will be held from Friday, September 7th through Sunday, September 9th.
     
    Mr. Ward summarized the wonderful entertainment for Homedays.
     
    ORDINANCE NO. 2012-58
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 159 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "EMPLOYEES GENERALLY" BY AMENDING SECTION 159.10 REGARDING VACATIONS AND HOLIDAYS AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-58 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-58 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-58 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-58 is passed.
     
    RESOLUTION NO. 2012-59
    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.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-59 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Resolution No. 2012-59 was highlighted by Mrs. Franco, with Section 5 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Resolution No.2012-59 be adopted.
     
    Mr. Ward stated that the City would be collecting four hundred fifty-six thousand dollars ($456,000.00) less this coming year due to property reevaluations. Mr. Ward explained how the sale of Acacia County Club to nonprofit would financially affect the City and school district.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2012-59 is adopted.
     
    RESOLUTION NO: 2012-60
    INTRODUCED BY: ADMIN
     
    A RESOLUTION APPROVING THE SOLID WASTE MANAGEMENT PLAN UPDATE (2013-2028) FOR THE CUYAHOGA COUNTY SOLID WASTE MANAGEMENT DISTRICT.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-60 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Resolution No. 2012-60 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Marko, that Resolution No.2012-60 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2012-60 is adopted.
     
    ORDINANCE NO. 2012-61
    INTRODUCED BY: COUNCILMAN SCHLESSEL
     
    AN ORDINANCE DETERMINING TO RESCHEDULE THE SECOND REGULAR MEETING OF COUNCIL IN SEPTEMBER, 2012 FROM MONDAY, SEPTEMBER 17, 2012 TO WEDNESDAY, SEPTEMBER 19, 2012.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-61 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-61 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-61 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-61 is passed.
     
    ORDINANCE NO. 2012-62
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH TRI MOR, INC. FOR THE WINCHESTER ROAD RECONSTRUCTION PHASE II AND THE 2012 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-62 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-62 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No.2012-62 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-62 is passed.
     
    ORDINANCE NO. 2012-63 INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO MODIFICATION NUMBER 2 TO THE COUNCIL OF GOVERNMENTS AGREEMENT DATED JUNE 1, 1978, PROVIDING FOR THE CONTINUATION OF THE COMMISSION ON AGING ESTABLISHED THEREIN, ADDING ADDITIONAL MEMBERS AND SETTING OUT THE RIGHTS DUTIES AND OBLIGATIONS OF EACH MEMBER, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2012-63 be placed on first reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-63 is placed on first reading.
     
    ORDINANCE NO. 2012-64
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE DETERMINING THE PORTIONS OF THE SANITARY SEWER ASSESSMENT TO BE ALLOCATED TO EACH SEWER FUND FOR THE TAX YEAR 2012, IN ACCORDANCE WITH SECTION 925.02(b) OF THE CODIFIED ORDINANCES
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-64 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-64 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No.2012-64 be passed.
     
    Mayor Cicero stated that Ordinance 2012-64 is the reason the City opposes the Northeast Ohio Sewer District assessments to Lyndhurst residents. The City already assesses residents and Northeast Sewer District should not penalize Lyndhurst because some of our neighboring communities assess incorrectly.
     
    Mr. Ward echoed the statements from the Mayor and pointed out that the City raises and lowers the assessment per the Engineers recommendation.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-64 is passed.
     
    ORDINANCE NO. 2012-65
    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.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2012-65 be placed on first reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-65 is placed on first reading.
     
    Board of Zoning Appeals Recommendations:
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2012-02 to grant requested variance to Deborah Hirshkorn of 5148 Bridgewater Road for a variance from the front yard setback requirements, as defined in Chapter 1160.05(a) of the Planning and Zoning Code. She is seeking to construct a front porch that will encroach eighteen (18) feet into the forty (40) foot setback as defined for Bridgewater Road.
     
    The findings in Case No. 2012-02 as recorded in the minutes of the meeting of the Board of Zoning Appeals held August 13, 2012 were read by Mrs. Franco.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Council confirm the decision of the Board of Zoning Appeals in Case No. 2012-02.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2012-03, to grant requested variance to Christine A. Curtis and Donald W. Haugh of 1799 Brainard Road for a variance from Chapter 1160.03 Schedule of Accessory Buildings, Uses and Structures (a)(9) Recreational Facilities, of the Planning and Zoning Code, to permit the use of a forty (40) feet by twenty-seven (27) foot area for the construction of a garden railroad. The variance requested would be for the use and also location as setback requirements are not listed for this specific use.
     
    The findings in Case No. 2012-03 as recorded in the minutes of the meeting of the Board of Zoning Appeals held August 13, 2012 were read by Mrs. Franco.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Council confirm the decision of the Board of Zoning Appeals in Case No. 2012-03.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
     
    Correspondence from the Ohio Division of Liquor Control regarding issuance of a new liquor permit to ARS Food Services, LLC DBA Red Square Restaurant and party center was noted with no hearing being requested.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:42 P.M.

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     Meetings Convened in August 2012:

    August 6, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, August 6, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present: Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M. A. Franco, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, July 2, 2012.
     
    SWEARING IN: New Patrolman Tim Eliopoulos.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    THIRD READING
    ORDINANCE NO. 2012-37
    INTRODUCED BY: COUNCILMAN LOPRESTI
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-49
    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. 2012-50
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE PURCHASE OF CUYAHOGA COUNTY PERMANENT PARCEL NO. 711-21-051 FROM HERBERT H. REINMANN, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-51
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 159 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "EMPLOYEES GENERALLY" BY AMENDING SECTION 159.10 REGARDING VACATIONS AND HOLIDAYS.
     
    ORDINANCE NO. 2012-52
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 159 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "EMPLOYEES GENERALLY" BY AMENDING SECTION 159.11 REGARDING SICK LEAVE.
     
    ORDINANCE NO. 2012-53
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 159 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "EMPLOYEES GENERALLY" BY AMENDING SECTION 159.14 REGARDING OVERTIME.
     
    ORDINANCE NO. 2012-54
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND TO BE IDENTIFIED AS THE SHADE TREE ASSESSMENT FUND AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-55
    INTRODUCED BY ADMIN
     
    AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-56
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE PARTIALLY SUSPENDING THE RULES AND REGULATIONS REGARDING THE SALE, POSSESSION AND CONSUMPTION OF BEER AND WINE AT THE LYNDHURST PARK DURING LYNDHURST HOME DAYS FOR 2012 AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-57
    INTRODUCED BY: ADMIN
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2012 REPEALING ORDINANCE NO. 2012-42 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. 2012-24
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
     
    ORDINANCE NO. 2012-25
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
     
    ORDINANCE NO. 2012-26
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
     
    ORDINANCE NO. 2012-29
    INTRODUCED BY: VICE MAYOR DAVID FREY
     
    AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
     
    August 6, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, August 6, 2012 at 8:03 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; L. M. Puskas, Building Inspector; M. J. Carroll, Chief of Fire; M. A. Franco, Assistant Clerk of Council.
     
    Absent: J. M. Cicero, Jr., Mayor; T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that the reading of the minutes of the Regular Meeting of Council held Monday, July 2, 2012, copies of which were mailed to all Members, be dispensed with and said minutes stand approved as circulated.
     
    The question was put to a voice vote and passed, with Mr. Schlessel and Mr. Frey abstaining.
     
    The Oath of Office was administered to newly hired Patrolman Tim Eliopoulos.
     
    MAYOR'S REPORT - Mayor Cicero was not present; therefore, he had no report.
     
    FINANCE COMMITTEE - Chairman Ward had no report.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese and Rick Glady reported the road program is proceeding on track. However, a problem with excessive wetness on Winchester was discovered requiring additional drain tile. The repairs and concrete should be complete by Friday, allowing work to restart on Ray Woods.
     
    SAFETY COMMITTEE - Chairman LoPresti stated the committee had met briefly and discussed Alberta Park and Brainard congestion, determining at this time the committee does not have a solution but will be making a recommendation to Council in the coming weeks.
     
    SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel announced the committee met prior to the Council meeting to discuss Ordinance 2010-30. He stated it is the committee's recommendation to remove 2010-30 from table and defeat it.
     
    PLANNING COMMISSION - Chairman Marko had no report.
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Lisa Marko summarized the transition with the new superintendent, Ms. Reid. Ms. Marko stated Ms. Reid has met with all administration and key community individuals. Ms. Marko asked for support on the levy that will be on November's ballot. She announced that the district hired a new assistant principal at Brush, Ian Miller. The sports are underway, the band has returned from camp and school will be starting in a couple of weeks. She stated that Mr. Murphy is organizing a cancer campaign, look for information at upcoming events. The board is looking forward to the start of a new school year.
     
    Mr. Schlessel asked for updates regarding the properties for sale. Ms. Marko stated that the appraisals are very low and no decisions have been made at this time.
     
    Mr. Ward informed Ms. Marko that he had the opportunity to meet with Ms. Reid and he shares her enthusiasm and feels she has a lot to offer to the school district.
     
    Mr. Gambatese inquired if the district is doing anything to promote the excitement of the new superintendent. Ms. Marko informed Mr. Gambatese that Ms. Reid will be attending the September meeting and the Council Coffee. Ms. Marko invited everyone to attend the board meetings and work sessions to see Ms. Reid in action. Ms. Marko also stated that Ms. Reid plans on being very visible in the schools and communities.
     
    The meeting was opened to public comment.
     
    Richard Clark, 5347 Chickadee Lane, said he must walk in the street because in winter months the snow plows block the sidewalks with snow and irresponsible dog owners. He spoke of an incident with another pedestrian walking their dog that made him feel threatened and inquired about his rights.
     
    Mr. Frey asked Mr. Clark if he called the police. Mr. Clark stated that he did call the police but nothing further came of the matter.
     
    Elizabeth DeGiovanni, 5169 Thornbury, asked if someone could explain the animal control within the City since we no longer employ an animal warden.
     
    Chief Porrello explained that animal nuisance calls still need to come through dispatch. The City has a contract with A&S Animal Control; they will be dispatched as needed. Chief Porrello said A&S would determine if they would need to trap the animal or if the animal could be detoured with help from the resident.
     
    Dennis Gustavson, 4907 Westbourne, inquired if the City has learned the evaluation of the taxes.
     
    Ms. Kovalchik stated that the State of Ohio has just certified to the County, they have not advised the City of any changes.
     
    Mr. Gustavson reminded everyone of the Board of Education work session scheduled for tomorrow night at 6:00PM.
     
    Mr. Marko asked Mr. Glady about the current tree issue within the City since there is an Ordinance on the agenda regarding the Shade Tree Assessment fund.
     
    Mr. Glady stated the Emerald Ash Bore program is running well, several trees have been removed; over two hundred (200) trees have been planted with another one hundred eighty (180) to be planted this fall.
     
    Mr. Schlessel announced that Home Days is scheduled for September 8th through the 9th.
     
    Mr. Frey thanked the Service Department for their service and accommodating the Suburban Swim League Championships.
     
    Mr. Ward thanked Ms. Kovalchik and her staff for the wonderful job they did with the audit.
     
    THIRD READING
    ORDINANCE NO. 2012-37
    INTRODUCED BY: COUNCILMAN LOPRESTI
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No.2012-37 be tabled.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-37 is tabled.
     
    ORDINANCE NO. 2012-49
    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.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-49 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-49 was highlighted by Ms. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No.2012-49 be passed.
     
    Motion carried.
    Ordinance No. 2012-49 is passed.
     
    ORDINANCE NO. 2012-50
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE PURCHASE OF CUYAHOGA COUNTY PERMANENT PARCEL NO. 711-21-051 FROM HERBERT H. REINMANN, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-50 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-50 was highlighted by Ms. Franco, with Section 9 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No.2012-50 be passed.
     
    Motion carried.
    Ordinance No. 2012-50 is passed.
     
    ORDINANCE NO. 2012-51 (AMENDED)  INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 159 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "EMPLOYEES GENERALLY" BY AMENDING SECTION 159.10 REGARDING VACATIONS AND HOLIDAYS AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2012-51 be amended.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-51 (Amended) be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-51 (Amended) was highlighted by Ms. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No.2012-51 (Amended) be passed.
     
    Motion carried.
    Ordinance No. 2012-51 (Amended) is passed.
     
    ORDINANCE NO. 2012-52 (AMENDED)
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 159 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "EMPLOYEES GENERALLY" BY AMENDING SECTION 159.11 REGARDING SICK LEAVE AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2012-52 be amended.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-52 (Amended) be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-52 (Amended) was highlighted by Ms. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Gambatese, seconded by Mr. Packard, that Ordinance No.2012-52 (Amended) be passed.
     
    Motion carried.
    Ordinance No. 2012-52 (Amended) is passed.
     
    ORDINANCE NO. 2012-53
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 159 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "EMPLOYEES GENERALLY" BY AMENDING SECTION 159.14 REGARDING OVERTIME.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-53 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-53 was highlighted by Ms. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No.2012-53 be passed.
     
    Motion carried.
    Ordinance No. 2012-53 is passed.
     
    ORDINANCE NO. 2012-54
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND TO BE IDENTIFIED AS THE SHADE TREE ASSESSMENT FUND AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-54 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-54 was highlighted by Ms. Franco, with Section 5 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-54 be passed.
     
    Motion carried.
    Ordinance No. 2012-54 is passed.
     
    ORDINANCE NO. 2012-55
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-55 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-55 was highlighted by Ms. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-55 be passed.
     
    Motion carried.
    Ordinance No. 2012-55 is passed.
     
    ORDINANCE NO. 2012-56
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE PARTIALLY SUSPENDING THE RULES AND REGULATIONS REGARDING THE SALE, POSSESSION AND CONSUMPTION OF BEER AND WINE AT THE LYNDHURST PARK DURING LYNDHURST HOME DAYS FOR 2012 AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-56 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-56 was highlighted by Ms. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-56 be passed.
     
    Motion carried.
    Ordinance No. 2012-56 is passed.
     
    ORDINANCE NO. 2012-57
    INTRODUCED BY: ADMIN
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2012 REPEALING ORDINANCE NO. 2012-42 AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-57 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2012-57 was highlighted by Ms. Franco, with Section 11 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2012-57 be passed.
     
    Motion carried.
    Ordinance No. 2012-57 is passed.
     
    ORDINANCE NO. 2010-30
    INTRODUCED BY: COUNCILMAN SCHLESSEL
     
    AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No.2010-30 be removed from table.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2010-30 be placed on third reading for final passage.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2010-30 be passed.
     
    Roll Call:
     
    Yeas: None.
    Nays: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
     
    Motion carried.
    Ordinance No. 2010-30 is defeated.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:51 P.M.

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     Meetings Convened in July 2012:

    July 2, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, July 2, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M. A. Franco, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, June 4, 2012.
     
    SWEARING IN:
     
    New Patrolman Brian Brooks.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    THIRD READING
     
    ORDINANCE NO. 2012-24
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
     
    THIRD READING
     
    ORDINANCE NO. 2012-26
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES SECOND READING.
     
    ORDINANCE NO. 2012-37 INTRODUCED BY: COUNCILMAN LOPRESTI
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-39
    INTRODUCED BY: ADMIN
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION (SERGEANTS/LIEUTENANTS), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-40
    INTRODUCED BY: ADMIN
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION (PATROL OFFICERS), AND RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-41
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO.: 2012-32 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, AND WHICH CONFIRM LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2012-32 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-42
    INTRODUCED BY: ADMIN
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2012 REPEALING ORDINANCE NO. 2012-14 AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-43
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND TO BE IDENTIFIED AS THE LAW ENFORCEMENT ESA FUND AND DECLARING AN EMERGENCY
     
    ORDINANCE NO. 2012-44
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE ADOPTING THE 2013 TAX BUDGET AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-45
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2012-06 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. 2012-06 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-46
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH CHAGRIN VALLEY PAVING, INC. FOR THE 2012 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-47
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING TRANSFERS AND ADVANCES AND DECLARING AN EMERGENCY.
     
    Correspondence:
     
    Ohio Division of Liquor Control to transfer Liquor permit to new address for Chocolate Pig Inc., DBA Fantasy Candies Chocolate Factory.
     
    REQUEST AUTHORIZATION TO ADVERTISE FOR BIDS:
     
    Mayfield Road audible intersection project.
     
    Traffic Directive #149 Pursuant to requests from the Lyndhurst Police Department: Place a NO OUTLET sign on Cedar Road at Stonelake Drive, the entrance of the WOODS subdivision.
     
    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. 2012-25
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
     
    ORDINANCE NO. 2012-29
    INTRODUCED BY: VICE MAYOR DAVID FREY
     
    AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY
     
    July 2, 1012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, July 2, 2012 at 8:09 P.M., Acting Vice Mayor Patrick A. Ward, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard.
     
    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; M. A. Franco, Assistant Clerk of Council.
     
    Absent: D. A, Frey, Vice Mayor; L. A. Schlessel, Council Representative; T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Packard, seconded by Mr. Marko, that the reading of the minutes of the Regular Meeting of Council held Monday, June 4, 2012, copies of which were mailed to all Members, be dispensed with and said minutes stand approved as circulated.
     
    The question was put to a voice vote and passed, with Mr. Gambatese abstaining.
     
    The Oath of Office was administered to newly hired Patrolman Brian Brooks.
     
    MAYOR'S REPORT - Mayor Cicero read the following statement:
     
    The City of Lyndhurst opened Lyndhurst Pool and Brainard Spraypark on June 8, 2012. With the hot and sunny weather, the demand for pool passes significantly backed up the administrative process, even though the City opened City Hall on Saturday June 9, 2012 in order to process the passes. Dozens of people were forced to wait in the lobby of City Hall while the procedure was followed, and many complaints were made and were dealt with.
     
    One of the major reasons the process was delayed was the great number of people who were demanding family pool passes. While it is the intent of the City to provide family passes to all eligible family members, I feel the process was disrupted by many people who sought family passes to which they were not entitled. This included individuals seeking family passes to include children who are not part of the family unit; legal guardians who believe their wards are entitled to family passes; and grandparents who sought family passes for their grandchildren and other family members.
     
    Another problem was with regard to providing family passes to all family members of individuals who suffered from a disability under the Americans with Disabilities Act. Although it is the intent of the City to comply with that directive, several individuals claimed disabilities which were not eligible, and others pretended to suffer from disabilities, but could not provide documentation.
     
    I have reviewed the pertinent legislation with the Law Director, and it is our opinion the definition of family is somewhat ambiguous, and can be clarified and simplified. Likewise, the provision describing an individual with disability places the burden upon the administrative staff to make a decision as to a disability, which is not within the scope of their expertise.
     
    All of the problems have been successfully dealt with this year but in the future I would like to see the legislation clarified to more clearly define family, and disability, so the staff at City Hall has a clear basis to issue or not issue the family passes. I request Council to schedule a legislative committee meeting in the future to discuss this matter with the Pool Director, the Finance Director and Law Director. In this way the legislation can be clarified next year so that the myriad of problems that arose in June do not recur.
     
    FINANCE COMMITTEE - Chairman Ward had no formal report; however, he mentioned the yearly tax budget and appropriations amendment is on the agenda and urges consideration for both.
     
    Mayor Cicero commented on an article that was in the Plain Dealer regarding property values. He explained the numbers were a guess from the Plain Dealer and that none of the numbers listed have been certified with the County.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese reported that Bridgewater, Fairlawn and Harelston final asphalt should be completed by the end of the week. The catch basin replacement from Summit to Winchester Circle should also be completed and the pavement demolition should start tomorrow.
     
    SAFETY COMMITTEE - Chairman LoPresti had no formal report; however, he inquired about the traffic count study. Mayor Cicero and Mr. Ward informed Mr. LoPresti he should have received an email regarding the study and a committee meeting should be scheduled prior to the next Council meeting.
     
    SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel was not present; however, Mr. Ward stated that Mr. Schlessel would be scheduling a meeting prior to the next Council meeting regarding the tabled cell phone legislation.
     
    PLANNING COMMISSION - Chairman Marko had no report.
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - No representative was present.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that Ordinance No.2012-48 be added to the agenda.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Ward, LoPresti.
    Nays: None.
     
    The meeting was opened to public comment.
     
    Dennis Gustavson, 4907 Westbourne, stated that he has visited both the pool and sprayground. Mr. Gustavson said both pool areas are very clean and professionally ran. He also commented on the house values listed in the Plain Dealer, and that his house value was cut by ten thousand dollars ($10,000.00).
     
    Mr. Ward announced that the 4th of July festivities will start at 7:00 p.m. in the park.
     
    THIRD READING
    ORDINANCE NO. 2012-24
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that Ordinance No.2012-24 be tabled.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-24 is tabled.
     
    THIRD READING
    ORDINANCE NO. 2012-26
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AN D SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that Ordinance No.2012-26 be tabled.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-26 is tabled.
     
    SECOND READING
    ORDINANCE NO. 2012-37
    INTRODUCED BY: COUNCILMAN LOPRESTI
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that Ordinance No.2012-37 be placed on second reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-37 is placed on second reading.
     
    RESOLUTION NO. 2012-39
    INTRODUCED BY: ADMIN
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION (SERGEANTS/LIEUTENANTS), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-39 be placed on third reading for final adoption and that it be highlighted.
     
    Resolution No. 2012-39 was highlighted by Ms. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. LoPresti, that Resolution No.2012-39 be adopted.
     
    Motion carried.
    Resolution No. 2012-39 is adopted.
     
    RESOLUTION NO. 2012-40
    INTRODUCED BY: ADMIN
     
    A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION (PATROL OFFICERS), 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. Gambatese, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-40 be placed on third reading for final adoption and that it be highlighted.
     
    Resolution No. 2012-40 was highlighted by Ms. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that Resolution No.2012-40 be adopted.
     
    Motion carried.
    Resolution No. 2012-40 is adopted.
     
    ORDINANCE NO. 2012-41
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO.: 2012-32 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, AND WHICH CONFIRM LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2012-32 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. LoPresti, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-41 be placed on third reading for final passage and that it be highlighted.
     
    Ordinance No. 2012-41 was highlighted by Ms. Franco, with Section 16 being read in its entirety.
     
    It was moved by Mr. Gambatese, seconded by Mr. Packard, that Ordinance No.2012-41 be passed.
     
    Motion carried.
    Ordinance No. 2012-41 is passed.
     
    ORDINANCE NO. 2012-42
    INTRODUCED BY: ADMIN
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2012 REPEALING ORDINANCE NO. 2012-14 AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-42 be placed on third reading for final passage and that it be highlighted.
     
    Ordinance No. 2012-42 was highlighted by Ms. Franco, with Section 11 being read in its entirety.
     
    It was moved by Mr. Gambatese, seconded by Mr. LoPresti, that Ordinance No.2012-42 be passed.
     
    Motion carried.
    Ordinance No. 2012-42 is passed.
     
    ORDINANCE NO. 2012-43
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND TO BE IDENTIFIED AS THE LAW ENFORCEMENT ESA FUND AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-43 be placed on third reading for final passage and that it be highlighted.
     
    Ordinance No. 2012-43 was highlighted by Ms. Franco, with Section 5 being read in its entirety.
     
    It was moved by Mr. Gambatese, seconded by Mr. Packard, that Ordinance No.2012-43 be passed.
     
    Motion carried.
    Ordinance No. 2012-43 is passed.
     
    ORDINANCE NO. 2012-44
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE ADOPTING THE 2013 TAX BUDGET AND DECLARING AN EMERGENCY
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-44 be placed on third reading for final passage and that it be highlighted.
     
    Ordinance No. 2012-44 was highlighted by Ms. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Packard, seconded by Mr. Gambatese, that Ordinance No.2012-44 be passed.
     
    Motion carried.
    Ordinance No. 2012-44 is passed.
     
    ORDINANCE NO. 2012-45
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2012-06 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. 2012-06 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-45 be placed on third reading for final passage and that it be highlighted.
     
    Ordinance No. 2012-45 was highlighted by Ms. Franco, with Section 14 being read in its entirety.
     
    It was moved by Mr. Packard, seconded by Mr. Gambatese, that Ordinance No.2012-45 be passed.
     
    Motion carried.
    Ordinance No. 2012-45 is passed.
     
    ORDINANCE NO. 2012-46
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH CHAGRIN VALLEY PAVING, INC. FOR THE 2012 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. LoPresti, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-46 be placed on third reading for final passage and that it be highlighted.
     
    Ordinance No. 2012-46 was highlighted by Ms. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Gambatese, seconded by Mr. Packard, that Ordinance No.2012-46 be passed.
     
    Motion carried.
    Ordinance No. 2012-46 is passed.
     
    ORDINANCE NO. 2012-47
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING TRANSFERS AND ADVANCES AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-47 be placed on third reading for final passage and that it be highlighted.
     
    Ordinance No. 2012-47 was highlighted by Ms. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Gambatese, seconded by Mr. Packard, that Ordinance No.2012-47 be passed.
     
    Motion carried.  Ordinance No. 2012-47 is passed.
     
    ORDINANCE NO. 2012-48
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE DEMOLITION OF 1914 WOODBROOK, LYNDHURST, OHIO, APPROPRIATING FUNDS TO PAY FOR SUCH DEMOLITION, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-48 be placed on third reading for final passage and that it be highlighted.
     
    Ordinance No. 2012-48 was highlighted by Ms. Franco, with Section 7 being read in its entirety.
     
    It was moved by Mr. Packard, seconded by Mr. LoPresti, that Ordinance No.2012-48 be passed.
     
    Motion carried.
    Ordinance No. 2012-48 is passed.
     
    Correspondence from the Ohio Division of Liquor Control to transfer liquor permit to new address for Chocolate Pig, Inc., DBA Fantasy Candies Chocolate Factory was noted with no hearing being requested.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that the Clerk be and she is hereby authorized and directed to advertise for bids for the Mayfield Road Audible Intersection Project.
     
    It was moved by Mr. Packard, seconded by Mr. Marko that Traffic Directive #149 be noted with no changes.
     
    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 8:47 P.M.

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     Meetings Convened in June 2012:

    June 4, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, June 4, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M. A. Franco, Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, May 21, 2012.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    THIRD READING
    ORDINANCE NO. 2012-24
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
     
    THIRD READING
    ORDINANCE NO. 2012-25
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
     
    THIRD READING
    ORDINANCE NO. 2012-26
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
     
    THIRD READING
    ORDINANCE NO. 2012-29
    INTRODUCED BY: VICE MAYOR DAVID FREY
     
    AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
     
    SECOND READING
    ORDINANCE NO. 2012-33
    INTRODUCED BY: COUNCILMAN MARKO
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY AMENDING SECTION 618.02 REGARDING ABANDONING ANIMALS AND DECLARING AN EMERGENCY .
     
    ORDINANCE NO. 2012-37
    INTRODUCED BY: COUNCILMAN LOPRESTI
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLE "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-38
    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.
     
    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 4, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, June 4, 2012 at 8:05 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M. A. Franco, Assistant Clerk of Council.
     
    Absent: J. A. Gambatese, Council Representative: T. P. Kunz, Building Commissioner; L. M. Puskas, Building Inspector.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that the reading of the minutes of the Regular Meeting of Council held Monday, May 21, 2012, 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. Packard abstaining.
     
    MAYOR'S REPORT - Mayor Cicero stated that the Service Department has been busy getting the parks and pools ready for the season. He also commented on the wonderful landscaping the Lyndhurst Garden Club and Service Department completed around the gazebo and the Sun Dial Garden at the Community Center.
     
    FINANCE COMMITTEE - Chairman Ward had no report.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no formal report; however, Mr. Marko echoed the comments from Mayor Cicero. Mr. Marko said while attending a baseball game he overheard citizens from other communities commenting on how well maintained our parks and baseball fields are. Mr. Marko thanked the Service Department for a great job.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese was not present; however, Mr. Gambatese asked Mr. Frey to make mention of all the road construction occurring in the City.
     
    SAFETY COMMITTEE - Chairman LoPresti had no formal report; however, he thanked both the Fire and Police Chiefs for their efforts during the construction of the new dispatch center.
     
    SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel had no report.
     
    PLANNING COMMISSION - Chairman Marko had no report.
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Bill Kent stated the usage of facilities is under review, charges may start to be incurred for rentals of certain land and facilities owned by the school district. Mr. Kent mentioned that the school district is working on selling some of their properties. He reminded everyone that there will be a 5.9 levy on November's ballot. Mr. Kent reported that the school district is in the process of relocating their bus garage. Mr. Kent encouraged everyone to reach out and welcome the new superintendent.
     
    Mr. Frey thanked Mr. Kent.
     
    Mr. Frey praised the new superintendent for being so involved with community events prior to her official start date.
     
    The meeting was opened to public comment.
     
    Elizabeth DeGiovanni, 5169 Thornbury, spoke of how beautiful the gazebo looks and thanked Mr. Glady and the Service Department for all their help.
     
    Mr. Frey asked Ms. DeGiovanni to extend a thank you from Council to the Garden Club.
     
    Mr. Ward commented on the Brainard, Alberta intersection. Mr. Ward stated he has been in contact with the Engineer and Service Director; they are looking into a reasonable cost approach to the next step.
     
    Mayor Cicero stated he received past traffic studies that he will review with Chief Porrello and Lt. Strasshofer. Mayor Cicero will extend all information to Council and the Safety Committee to decide the next most cost efficient step.
     
    THIRD READING
    ORDINANCE NO. 2012-24
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
     
    It was moved by Mr. Ward, seconded by Mr. Packard, that Ordinance No.2012-24 be placed on third reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-24 is placed on third reading.
     
    THIRD READING
    ORDINANCE NO. 2012-25
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No.2012-25 be tabled.
     
    Roll Call:
     
    Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-25 is tabled.
     
    Mr. Ward expressed his concern for the 9:00PM end time. He stated that sunset would be best for the safety of the residents.
     
    THIRD READING
    ORDINANCE NO. 2012-26
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AN D SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No.2012-26 be placed on third reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-26 is placed on third reading.
     
    THIRD READING
    ORDINANCE NO. 2012-29
    INTRODUCED BY: VICE MAYOR DAVID FREY
     
    AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No.2012-29 be tabled.
     
    Roll Call:
     
    Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-29 is tabled.
     
    SECOND READING
    ORDINANCE NO. 2012-33(AMENDED)
    INTRODUCED BY: COUNCILMAN MARKO
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY AMENDING SECTION 618.02 REGARDING ABANDONING ANIMALS AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2012-33 be amended.
     
    Roll Call:
     
    Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-33 be placed on third reading for final passage and that it be highlighted.
     
    Ordinance No. 2012-33 was highlighted by Ms. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2012-33(Amended) be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-33(Amended) is passed.
     
    FIRST READING
    ORDINANCE NO. 2012-37
    INTRODUCED BY: COUNCILMAN LOPRESTI
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No.2012-37 be placed on first reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-37 is placed on first reading.
     
    ORDINANCE NO. 2012-38
    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.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-38 be placed on third reading for final passage and that it be highlighted.
     
    Ordinance No. 2012-38 was highlighted by Ms. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Packard, that Ordinance No.2012-38 be passed.
     
    Motion carried.
    Ordinance No. 2012-38 is passed.
     
    It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:34 P.M.

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     Meetings Convened in May 2012:

    May 21, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, May 21, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M. A. Franco, Temporary Assistant Clerk of Council.
     
    COUNCIL:
     
    Confirmation by Council:
     
    Appointment of Melissa A. Franco, Assistant Clerk of Council.
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, May 7, 2012.
     
    Approve Minutes of the Special Meeting of Council held Monday, May 7, 2012.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    SECOND READING
     
    ORDINANCE NO. 2012-24
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
     
    SECOND READING
    ORDINANCE NO. 2012-25
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
     
    SECOND READING
    ORDINANCE NO. 2012-26
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
     
    SECOND READING
    ORDINANCE NO. 2012-29
    INTRODUCED BY: VICE MAYOR DAVID FREY
     
    AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
     
    ORDINANCE NO. 2012-32
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2008-75 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS, AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2008-75 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-33
    INTRODUCED BY: COUNCILMAN MARKO
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY AMENDING SECTION 618.02 REGARDING ABANDONING ANIMALS AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-34
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE CITY OF LYNDHURST, OHIO TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPIRATION'S BULK ROAD SALT PROGRAM, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-35  INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE CITY OF UNIVERSITY HEIGHTS, OHIO FOR THE SALE OF A 1998 FORD FULL SIZE DUMP TRUCK WITH SNOW PLOW AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-36
    INTRODUCED BY: ADMIN
     
    A RESOLUTION APPROVING THE ADOPTION OF THE COUNTYWIDE ALL NATURAL HAZARDS MITIGATION PLAN FOR CUYAHOGA COUNTY, 2011 UPDATE.
     
    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 21, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, May 21, 2012 at 8:03 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: 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; L. M. Puskas, Building Inspector; D. St. John, Fire Captain; M. A. Franco, Assistant Clerk of Council.
     
    Absent: J. A. Gambatese, Council Representative; K. C. Packard, Council Representative; M. J. Carroll, Chief of Fire; T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that the appointment of Melissa A. Franco as Assistant Clerk of Council be confirmed.
     
    The question was put to a voice vote and passed unanimously.
     
    Motion carried.
    Melissa A. Franco is appointed as Assistant Clerk of Council.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that the reading of the minutes of the Regular Meeting of Council held Monday, May 7, 2012, copies of which were mailed to all Members, be dispensed with and said minutes stand approved as circulated.
     
    The question was put to a voice vote and passed unanimously.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that the reading of the minutes of the Special Meeting of Council held Monday, May 7, 2012, copies of which were mailed to all Members, be dispensed with and said minutes stand approved as circulated.
     
    The question was put to a voice vote and passed unanimously.
     
    MAYOR'S REPORT - Mayor Cicero had no report.
     
    FINANCE COMMITTEE - Chairman Ward had no report.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko stated that the Public Lands and Buildings Committee had met prior to this evenings meeting to discuss Ordinance No. 2012-33. The Ordinance would prohibit animals to remain overnight on a vacant premises. Mr. Marko stated the recommendation of the committee would be to place this Ordinance on first reading.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese was not present; however, Mr. Gambatese asked Mr. Frey to let everyone know the road program has begun and letters have been mailed to advise the effected residents.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report.
     
    SERVICE AND SEWERS COMMITTEE - Chairman Packard was not present; therefore, he had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel stated that the Legislative Committee had met prior to the evenings meeting to discuss Ordinance No. 2004-10, the taxation of certain lottery and gaming winnings. Minutes from said meeting would be forthcoming.
     
    PLANNING COMMISSION - Chairman Marko had no report; however, Mr. Marko mentioned that there will be no regular meeting held in May.
     
    The meeting was opened to public comment.
     
    George DiSanto, 1960 Caronia Drive, stated he is representing the Alberta Park Homeowners Association and himself. Mr. DiSanto asked the Mayor and Council to investigate the growing number of accidents at the intersection of Alberta and Brainard. Mr. DiSanto expressed his concern over the semi truck traffic. He requested Council and the Mayor to please provide feedback to the 175 residents if anything can be done.
     
    Mayor Cicero said he would look back into the prior advice given from the traffic department and get back to him
     
    Mr. Ward indicated that the engineer is still reviewing data and Mr. Glady will try to expedite the outcome.
     
    Elizabeth DeGiovanni, 5169 Thornbury, inquired if the City receives any royalties from the gas wells at the community center.
     
    Mary Kovalchik responded that there are 7 different active gas wells; in total the City receives approximately thirty thousand dollars ($30,000.00) annually in royalties.
     
    Mr. Ward added that the City does also receive free gas and can also purchase gas at wholesale price.
     
    Ms. DeGiovanni questioned if residents were allowed to use the tennis courts to play ball with their dogs.
     
    Mayor Cicero said that as long as the pet owners clean up after their animals that it is allowed.
     
    Dennis Gustavson, 4907 Westbourne, inquired about the process of renewing his pool pass. Mr. Gustavson wondered why he needed to fill out the same form as last year if he could use the same pass.
     
    Mary Kovalchik explained it was to verify residency due to the fact that the City has encountered residents that have moved from the City and are not aware their pool pass is no longer valid.
     
    Mr. Frey welcomed Cuyahoga County Councilwoman, Sunny Simon.
     
    Ms. Simon informed Council that one hundred thousand dollars ($100,000.00) has been budgeted for the Juvenile Diversion program. Ms. Simon spoke regarding the division of revenue that is expected from the casino. She said she will be advocating for District 11 suburbs. Ms. Simon announced that the community meeting for residents of Cuyahoga County District 11 will be Tuesday, June 5, 2012 at 7:00 P.M. at the Euclid Lakefront Community Center.
     
    Mayor Cicero thanked Sunny Simon.
     
    SECOND READING
    ORDINANCE NO. 2012-24
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2012-24 be placed on second reading.
     
    Roll Call:
     
    Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
    Motion carried.
    Ordinance No. 2012-24 is placed on second reading.
     
    SECOND READING
    ORDINANCE NO. 2012-25
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2012-25 be placed on second reading.
     
    Roll Call:
     
    Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-25 is placed on second reading.
     
    SECOND READING
    ORDINANCE NO. 2012-26
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AN D SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2012-26 be placed on second reading.
     
    Roll Call:
     
    Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-26 is placed on second reading.
     
    SECOND READING
    ORDINANCE NO. 2012-29
    INTRODUCED BY: VICE MAYOR DAVID FREY
     
    AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-29 be placed on second reading.
     
    Roll Call:
     
    Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-29 is placed on second reading.
     
    ORDINANCE NO. 2012-32
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2008-75 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS, AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2008-75 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-32 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Schlessel, Ward, LoPresti, Frey. Nays: None.
     
    Ordinance No. 2012-32 was highlighted by Ms. Franco, with Section 16 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No.2012-32 be passed.
     
    Motion carried.
    Ordinance No. 2012-32 is passed.
     
    FIRST READING
    ORDINANCE NO. 2012-33
    INTRODUCED BY: COUNCILMAN MARKO
     
    AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY AMENDING SECTION 618.02 REGARDING ABANDONING ANIMALS AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-33 be placed on first reading.
     
    Roll Call:
     
    Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-33 is placed on firs reading.
     
    RESOLUTION NO. 2012-34
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE CITY OF LYNDHURST, OHIO TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPIRATION'S BULK ROAD SALT PROGRAM, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-34 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Resolution No. 2012-34 was highlighted by Ms. Franco, with Section 7 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2012-34 be adopted.
     
    Motion carried.
    Resolution No. 2012-34 is adopted.
     
    ORDINANCE NO. 2012-35
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE CITY OF UNIVERSITY HEIGHTS, OHIO FOR THE SALE OF A 1998 FORD FULL SIZE DUMP TRUCK WITH SNOW PLOW AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-35 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Ordinance No. 2012-35 was highlighted by Ms. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Marko, that Ordinance No.2012-35 be passed.
     
    Motion carried.
    Ordinance No. 2012-35 is passed.
     
    RESOLUTION NO. 2012-36
    INTRODUCED BY: ADMIN
     
    A RESOLUTION APPROVING THE ADOPTION OF THE COUNTYWIDE ALL NATURAL HAZARDS MITIGATION PLAN FOR CUYAHOGA COUNTY, 2011 UPDATE.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-36 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Resolution No. 2012-36 was highlighted by Ms. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2012-36 be adopted.
     
    Mr. Ward stated that he feels the Mitigation Plan is important, and has been put together with thorough preparation. He said it is a good plan and valuable resource should an emergency occur within our borders. This plan would make it possible for us to assist our City and neighbors.
     
    Motion carried.
    Resolution No. 2012-36 is adopted.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, 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 7, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, May 7, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present: Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M.A. Franco, Temporary Assistant Clerk of Council.
     
    COUNCIL:
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, April 16, 2012.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    ORDINANCE NO. 2012-24
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
     
    ORDINANCE NO. 2012-25
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
     
    ORDINANCE NO. 2012-26
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
     
    RESOLUTION NO. 2012-27
    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. 2012-28
    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.
     
    ORDINANCE NO. 2012-29 INTRODUCED BY: VICE MAYOR DAVID FREY
     
    AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
     
    ORDINANCE NO. 2012-30
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH NERONE & SONS, INC., FOR MISCELLANEOUS SEWER REPAIRS IN THE CITY AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-31
    INTRODUCED BY: ADMIN
     
    A RESOLUTION APPROVING THE ADOPTION OF THE CUYAHOGA COUNTY DEPARTMENT OF PUBLIC SAFETY, OFFICE OF EMERGENCY MANAGEMENT, FOR CUYAHOGA COUNTY, 2012.
     
    REQUEST AUTHORIZATION TO ADVERTISE FOR BIDS:
     
    2012 Sidewalk 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.
     
    May 7, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, May 7, 2012 at 8:08 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; L. M. Puskas, Building Inspector; M. J. Carroll, Chief of Fire; M. A. Franco, Temporary Assistant Clerk of Council.
     
    Absent: T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that the reading of the minutes of the Regular Meeting of Council held Monday, April 16, 2012, 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 AND BUILDINGS COMMITTEE - Chairman Marko had no report.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report.
     
    SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel stated that the Legislative Committee had met prior to the evenings meeting to discuss Ordinance No. 2012-29, and that minutes from said meeting would be forthcoming.
     
    PLANNING COMMISSION - Chairman Marko had no report.
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Alfreda Wynne announced the Brush High School Robotics team traveled to St Louis, Missouri to compete in the National Science and Tech Competition April 25th through the 28th. The Robotics team competed against one hundred twenty eight (128) teams and placed 14th in the nation.
     
    Ms. Wynne stated that student Eric Hruska received the National Security Language Youth Initiative Scholarship and will study in Shanghai this summer. Kelly Dockery has been accepted by the School Year Abroad program to study in Beijing China for one year, and also received a grant for forty-seven thousand dollars ($47,000.00) for tuition and housing expenses.
     
    Ms. Wynne affirmed that on April 13, 2012, the South Euclid-Lyndhurst School Board hired Linda Reid as their new Superintendent. She explained that Ms. Reid will begin her official duties as Superintendent July 1, 2012, but has already begun her relationship with the district by scheduling meetings with principals and central office staff.
     
    Ms. Wynne stated Hannah Schmidt, a student at Brush High School was a runner up in the Maltz Museum Stop the Hate Essay contest, and as a result she received a twenty-five thousand dollar ($25,000.00) scholarship.
     
    Ms. Wynne disclosed that the district's finances are facing a reduction of approximately 4.4 million from state funding in the fiscal year 2012 and 2013. Ms. Wynne stated that decline in the tax collection rate and decline in interest earned investments the board needs to make reductions of about 2.2 million which includes 1.9 million in teaching positions. Ms. Wynne added that the South Euclid-Lyndhurst Board of Education is planning to put a levy on November 2012 ballot.
     
    Ms. Wynne aired dates to remember: May 25, 2012 is prom, May 31, 2012 is graduation, and June 7, 2012 is the last day of school.
     
    Ms. Wynne stated that Matthew Scott a senior at Brush High School placed first in the Cuyahoga County and State of Ohio Martin Luther King oratorical contest. Mr. Scott will present his oration in January 2013 before Governor Kasich. Ms. Wynne introduced the 2nd and 3rd runner up in Cuyahoga County Martin Luther King oratorical contest; Danyelle Dukes, a sophomore at Brush High School placed 2nd and Tyler Wynne, a freshman at Brush High School placed 3rd. Danyelle Dukes and Tyler Wynne presented their speeches before council.
     
    Mayor Cicero commended Danyelle Dukes and Tyler Wynne for their great speeches and hard work. Mayor Cicero presented the students with a Letter of Congratulations and a City of Lyndhurst plate.
     
    Mayor Cicero reported that he met with Linda Reid, the new Superintendent, and she will be in touch with each Councilperson individually.
     
    The meeting was opened to public comment. There was no public comment.
     
    Mayor Cicero announced the Lyndhurst Garden Club will be hosting their perennial sale May 19th from 8:00AM until 12:00PM at the Little Red Schoolhouse.
     
    Fire Chief Carroll stated that the City of South Euclid and the City of Lyndhurst Fire Departments have started a Fire Explorer program in conjunction with their Excel- Tech program through the high school. Chief Carroll introduced the young explorers that are participating in the program.
     
    Council thanked Chief Carroll and wished the young explorers the best of luck.
     
    Mr. Gambatese announced that due to his new job he will miss the next several Monday night Council meetings. He will be in contact as needed via email and phone.
     
    FIRST READING
    ORDINANCE NO. 2012-24
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2012-24 be placed on first reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-24 is placed on first reading.
     
    FIRST READING
    ORDINANCE NO. 2012-25
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-25 be placed on first reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-25 is placed on first reading.
     
    FIRST READING
    ORDINANCE NO. 2012-26
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AN D SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2012-26 be placed on first reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-26 is placed on first eading.
     
    RESOLUTION NO. 2012-27
    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.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution 2012-27 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Resolution No. 2012-27 was highlighted by Ms. Franco, with Section 6 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2012-27 be adopted.
     
    Motion carried.
    Resolution No. 2012-27 is adopted.
     
    RESOLUTION NO. 2012-28
    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.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-28 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Resolution No. 2012-28 was highlighted by Ms. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that Resolution No.2012-28 be adopted.
     
    Motion carried.
    Resolution No. 2012-28 is adopted.
     
    FIRST READING
    ORDINANCE NO. 2012-29
    INTRODUCED BY: VICE MAYOR DAVID FREY
     
    AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-29 be placed on first reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-29 is placed on first reading.
     
    ORDINANCE NO. 2012-30
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH NERONE & SONS, INC., FOR MISCELLANEOUS SEWER REPAIRS IN THE CITY AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-30 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Ordinance No. 2012-30 was highlighted by Ms. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-30 be passed.
     
    Motion carried.
    Ordinance No. 2012-30 is passed.
     
    RESOLUTION NO. 2012-31
    INTRODUCED BY: ADMIN
     
    A RESOLUTION APPROVING THE ADOPTION OF THE CUYAHOGA COUNTY DEPARTMENT OF PUBLIC SAFETY, OFFICE OF EMERGENCY MANAGEMENT, FOR CUYAHOGA COUNTY, 2012.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-31 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey. Nays: None.
     
    Resolution No. 2012-31 was highlighted by Ms. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Resolution No.2012-31 be adopted.
     
    Motion carried.
    Resolution No. 2012-31 is adopted.
     
    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 8:41 P.M.

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     Meetings Convened in April 2012:

    April 16, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, April 16, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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 Regular Meeting of Council held Monday, April 02, 2012.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    ORDINANCE NO. 2012-22
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH NERONE & SONS, INC., FOR THE BRAINARD ROAD SANITARY FORCE MAIN PROJECT, AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-23
    INTRODUCED BY: MAYOR
     
    A RESOLUTION DECLARING ARBOR DAY AS A SPECIAL DAY FOR THE PLANTING OF TREES IN THE CITY OF LYNDHURST.
     
    Board of Zoning Appeals Recommendations:
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2012-01 to deny the requested variance to Sister Agnesmarie, SND, on behalf of Julie Billiart School, 4982 Clubside Road, for a thirty-nine point twelve (39.12) foot variance from the provisions of Schedule 1160.05 of the Planning and Zoning Code, to permit the construction of a new parking lot within the required fifty (50) foot front yard setback.
     
    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.
     
    April 16, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, April 16, 2012 at 8:03 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; L. M. Puskas, Building Inspector; H. J. Lensner, Assistant Clerk of Council; M. A. Franco, Temporary Assistant Clerk of Council.
     
    Absent:
    Council Representative: L. A. Schlessel; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; M. J. Carroll, Chief of Fire.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that the reading of the minutes of the Regular Meeting of Council held Monday, April 2, 2012, 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 updated the status of the Sherri Park Apartment fire. Mayor Cicero commented that the building is in the process of being cleaned so that the anxiously awaiting residents will be able to move back. He said the total damage to the building will be between four and eight million dollars. Mayor Cicero further stated the City of Lyndhurst will have a critique of that day, in which various other fire departments will meet to discuss any improvements that could be made for future fires.
     
    The Mayor stated that the South Euclid-Lyndhurst school district hired a new Superintendant, Linda N. Reid. He highlighted Ms. Reid's qualifications and background that made her the best candidate for the position. Mayor Cicero invited everyone to attend the open house Wednesday, April, 18th at 7:30 PM that will be held at the South Euclid-Lyndhurst Board of Education to welcome Ms. Reid to the community.
     
    FINANCE COMMITTEE - Chairman Ward had no report.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report.
     
    SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel was not present; therefore, he had no report.
     
    PLANNING COMMISSION - Chairman Marko reported that the Architectural Board of Review Meeting will be held Thursday, April 19th at 7:30.
     
    Mr. Frey asked that comments regarding the Board of Zoning Appeals recommendations wait until that item is addressed on the Agenda.
     
    The meeting was opened to public comment. There was no public comment.
     
    Mr. LoPresti reminded everyone that the Business Expo, sponsored by the Heights Hillcrest Regional Chamber of Commerce, will be held on Thursday, May 3rd, from 3:00PM until 7:00PM at 700 Beta Drive. Mr. LoPresti further stated that on May 3rd at noon, he would be at City Hall for the National Day of Prayer, and welcomed others to join him.
     
    Mr. Frey extended the invitation of the school board to attend the open house on Wednesday, April 18th to welcome the new South Euclid-Lyndhurst Superintendant to the community. He thanked the Board of Education for a job well done in the process of selecting the new superintendant.
     
    ORDINANCE NO. 2012-22
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH NERONE & SONS, INC., FOR THE BRAINARD ROAD SANITARY FORCE MAIN PROJECT, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-22 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried
    Rules suspended
     
    Ordinance No. 2012-22 was highlighted by Ms. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No.2012-22 be passed.
     
    Mr. Ward explained the gas company's lines do not have tracer wire, so the gas lines could not be detected. Therefore, because gas lines were marked incorrectly a line was hit. He further stated these additional funds are in part necessitated by the gas company's work and further conversation will be needed in this regard.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-22 is passed.
     
    RESOLUTION NO. 2012-23
    INTRODUCED BY: MAYOR JOSEPH M. CICERO, JR.
     
    A RESOLUTION DECLARING ARBOR DAY AS A SPECIAL DAY FOR THE PLANTING OF TREES IN THE CITY OF LYNDHURST.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-23 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Ward, LoPresti, Frey.
    Nays: None.
     
    Resolution No. 2012-23 was highlighted by Ms. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2012-23 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2012-23 is adopted.
     
    Board of Zoning Appeals Recommendations:
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2012-01 to deny the requested variance to Sister Agnesmarie, SND, on behalf of Julie Billiart School, 4982 Clubside Road, for a thirty-nine point twelve (39.12) foot variance from the provisions of Schedule 1160.05 of the Planning and Zoning Code, to permit the construction of a new parking lot within the required fifty (50) foot front yard setback.
     
    The findings in Case No. 2012-01 as recorded in the minutes of the meeting of the Board of Zoning Appeals held April 9, 2012 were read by Ms. Franco.
     
    Sister Agnesmarie, SND, President of the Julie Billiart School, 4982 Clubside, explained the Julie Billiart School is a school for special needs children. She further stated that the Julie Billiart School is committed to safety, excellent education, their neighborhood, and the environment. Sister Agnesmarie pointed out that the school makes decisions based on what is best for the children, not cost. Sister Agnesmarie noted that due to changing curriculums more teachers are required. Therefore, there is not enough parking and the proposal submitted is the best and safest for the children. Sister Agnesmarie promised that the Julie Billiart School is committed to replacing all plants and trees that may be disturbed. Sister Agnesmarie thanked the Councilmen who have visited the property to speak about the proposal.
     
    Mr. Frey thanked Sister Agnesmarie.
     
    Joseph Ciuni, GPD Group, 5595 Transportation Blvd., Cleveland, presented pictures of the proposed site for the additional parking at the Julie Billiart School. Mr. Ciuni read from the findings that the issue can be obviated through other methods other than a variance, while matching or exceeding the number of parking spaces. Mr. Ciuni compared the sketch with the topographical mapping of the area. He stated that some of the spaces would be physically impossible due to the steep grades, a utility box and a fire hydrant. Mr. Ciuni further stated that only seven (7) spaces would be created with that proposal not twelve (12). Mr. Ciuni asked that the variance be approved.
     
    Mr. Frey confirmed only seven spaces would be operational with the original proposal. Mr. Frey thanked Mr. Ciuni.
     
    Don Schuele, 4892 Countryside Drive, stated that Julie Billiart School is a wonderful school and neighbor and that the school provides wonderful things for children that very few other schools can offer. Mr. Schuele stated Julie Billiart School produces students that become productive citizens. His daughter attended Julie Billiart School and without Julie Billiart School she would have never been able to graduate college. He would ask that the City do whatever it can to help Julie Billiart School.
     
    Mr. Frey inquired as to where Mr. Schuele lives in reference to the school. Mr. Schuele responded that he lives the next street over. He also stated that he drove past Hawkin School and it would appear that they are not within the required setback. Mr. Ward informed him that Hawkin School does encroach on the fifty (50) foot setback.
     
    Mr. Frey thanked Mr. Schuele.
     
    Barbara Bruck, 4907 Clubside Road, expressed concern about the Julie Billiart School parking issue. Ms. Bruck said the school is landlocked and by taking down mature trees it could decrease property values. Ms. Bruck has a daughter with a learning disability and feels privileged to have this type of school in her neighborhood. Ms. Bruck stated that she has given a great deal of thought about the situation and offered her driveway for an employee to park during the school day in order to help alleviate some of the parking issues. She suggested that employees could also park on Brookwood Drive and Countryside Drive. Ms. Bruck would like for the City to be able to meet the needs of the school and also respect the integrity of the community.
     
    Mr. Frey thanked Ms. Bruck
     
    Allen Segal, 4907 Clubside Road, commented on his recent visit to the Julie Billiart School. Mr. Segal stated that the area where parking is proposed, two (2) mature evergreens would need to be cut down, causing environmental and ecosystem issues. He further explained that he is a neighbor and supporter of the school. However, he said the proposal for the additional parking will not be helpful to the school, it would be unsafe. Mr. Segal explained parking on Brookwood would the safest, insure the most parking, and be the most environmentally friendly option.
     
    Mr. Frey thanked Mr. Segal
     
    Brian Worsdall, 5324 Chickadee, Property Manager for Julie Billiart School, presented a sample of material that was suggested by the Board of Zoning Appeals to utilize when creating additional parking spaces. Mr. Worsdall explained the material would not be comfortable or safe for the children. He explained the material would be next to impossible to walk on with any type of heel, it would be uncomfortable for a picnic, and the material would not be salt or snow plow friendly. Mr. Worsdall stated in his opinion the original plan would be best for maintaining the grounds, the children's safety and fun.
     
    Mr. Frey thanked Mr. Worsdall
     
    Rick Favazzo, 800 Kennelwood, Highland Heights, Chairmen for the Plant Grounds Committee for the Julie Billiart School, would like to inform Council that the Committee took a lot of time to examine the parking situation and investigate several other options, such as offsite parking and the option of renting parking spaces from other businesses. The Committee found that insurance costs for the liability issues would be a huge expense and not beneficial. Mr. Favazzo reiterated the need for additional parking at the Julie Billiart School.
     
    Mr. Frey asked if there were any further questions.
     
    Sister Agnesmarie asked if she is allowed to return to the podium to speak.
    Mr. Frey informed her she is allowed.
     
    Sister Agnesmarie, SND, President of the Julie Billiart School, 4982 Clubside, stated she would like to comment on the proposals heard from the other speakers. Sister Agnesmarie explained that if employees parked on Brookwood Road it would be a long walk, there are no sidewalks, it would be unsafe, and in the winter it would be near impossible. Sister Agnesmarie continued to explain that the original proposal would be the safest for the children and teachers. Sister Agnesmarie promised to replant all the trees that may be disturbed.
     
    Mr. Frey asked if there is anyone else with comments.
    Mr. Frey closed down comments and opened for Council comments.
     
    Mr. Murphy remarked that there were several legal points raised during this discussion. Mr. Murphy stated the burden is not on the City but on the property owner to show evidence that they are entitled to the variance. Mr. Murphy further stated that the Board of Zoning Appeals suggested that calculations and topography should have been done prior to the meeting. Mr. Murphy informed Council that any references made regarding the EPA will be addressed accordingly, and is not a zoning matter. He informed Council their duty is to determine if the property owner submitted sufficient evidence that shows they would be entitled to the variance.
     
    Mr. Ward stated he has dealt with several traffic issues over the years within Lyndhurst Park Estates. He worked with Hawkin School and Julie Billiart School to help them make numerous improvements that would benefit the Schools and the neighborhood. Mr. Ward commented that these wonderful institutions are an asset not only to the City but the neighborhood. Mr. Ward stated that he had asked the Service Director Rick Glady, and the Fire Chief Mike Carroll to review the proposals, they both agreed that parking the cars away from the building would be more beneficial for service vehicles. Mr. Ward thanked Mr. Ciuni for providing the plans so they could be compared side by side making it easier to understand. Mr. Ward said personally as a resident he would rather see the building than parking spaces, and the plan proposed would place cars out of site.
     
    Mr. Packard inquired if there is any parking on the west side of the building.
    Mr. Ciuni answered that there is one (1) parking space on each side of the dumpster and a sidewalk will be added.
     
    Mr. Gambatese asked if snow removal has been taken into consideration.
    Mr. Worsdall informed Mr. Gambatese the proposal has taken snow removal into consideration and it would not be a problem.
     
    Mr. Ward shared his thoughts regarding the Julie Billiart Proposals. Mr. Ward said that originally submitted were twenty-eight (28) spaces many out of view, the alternate shows twenty-three (23) spaces many in plain view. He further expounded that the original plan keeps parking away from the building, which both the Service Director and Fire Chief reviewed and agree the original plan best enhances the safety and serviceability needs of the school. Mr. Ward remarked that parking spaces screened from view addresses the concern and comments of the neighbors and best enhances the residential character of the property. He said Julie Billiart's proposal is on the Agenda for the April 19th Architectural Board of Review meeting. Mr. Ward stated that Dale Veres, the Chairmen of the Lyndhurst Park Estates Association was at the Board of Zoning Appeals meeting and did speak favorably on behalf of the Association and his neighbors. Mr. Ward received a call from Virginia Aveni, she lives immediately to the west of Julie Billiart and is the neighbor that would be most affected. He stated that she could not say enough in favor of the proposal.
     
    Mr. Frey stated that both the Service and Fire Departments have no objections should City Council overturn the decision of the Board of Zoning Appeals, providing the plan is approved as submitted to the Board of Zoning Appeals, subject to the required review and approval of the Architectural Board of Review and the City Engineer relative to the grading and drainage of the development area.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Council overturn the recommendation of the Board of Zoning Appeals to grant the requested variance to Sister Agnesmarie, SND, on behalf of Julie Billiart School, 4982 Clubside Road, for a thirty-nine point twelve (39.12) foot variance from the provisions of Schedule 1160.05 of the Planning and Zoning Code, to permit the construction of a new parking lot within the required fifty (50) foot front yard setback.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Case No. 2012-01 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 9:04 P.M.

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    April 2, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, April 2, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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 Regular Meeting of Council held Monday, March 19, 2012.
     
    Approve Minutes of the Special Meeting of Council held Monday, March 26, 2012.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    ORDINANCE NO. 2012-21
    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 SEVEN SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES AND DECLARING AN EMERGENCY
     
    Planning Commission Recommendations:
     
    Recommendation is made to Council to deny the request of Mr. Ron Basile, Owner, to rezone his property from "Ten Thousand Square Foot Single Family" to "Class A, Community Business District".
     
    TABLED ITEMS:
     
    ORDINANCE NO. 2010-30
    INTRODUCED BY: Councilman Schlessel
     
    AN ORDINANCE AMENDING CHAPTER 432OF 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.
     
    April 2, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, April 2, 2012 at 8:05 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; L. M. Puskas, Building Inspector; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council; M. A. Franco, Temporary Assistant Clerk of Council.
     
    Absent: T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that the reading of the minutes of the Regular Meeting of Council held Monday, March 19, 2012, 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.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that the reading of the minutes of the Special Meeting of Council held Monday, March 26, 2012, 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.
     
    MAYOR'S REPORT - Mayor Cicero discussed the extremely destructive fire that took place at the Sherri Park Apartments on March 29, 2012. No one was injured in the blaze, thanks to the City's safety services. He thanked the 28 fire departments and over 100 firemen, as well as the CERT team, for their quick response to what will hopefully be a once-in-a-career fire. The Mayor also thanked Kindred Care at The Greens, who opened their doors to help house over 100 individuals who were homeless due to the fire. He then praised the South Euclid-Lyndhurst Schools for promptly sending over two handicap-accessible buses to safely evacuate the apartment's residents.
     
    Mayor Cicero described how incredible it was to see Chief Carroll in action, fighting this fire. He extended thanks to Chief Porrello and the Police Department for working so well with the Fire Department, and to Mr. Glady and the Service Department for controlling the evacuations of neighboring homes and blocking affected roadways. Mayor Cicero concluded by stating that not only is he proud to be the Mayor of this City, but also a resident.
     
    FINANCE COMMITTEE - Chairman Ward had no report.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report; however, he echoed the sentiments of the Mayor and pointed out how helpful CERT was the day after the fire. Over a dozen volunteers, including his mother, showed up to walk residents back into their damaged homes to retrieve their personal effects. Mr. LoPresti wanted to be sure they have the proper recognition as well.
     
    SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel had no report.
     
    PLANNING COMMISSION - Chairman Marko reported that the Planning Commission met on Thursday, March 22, 2012 at 7:30 p.m. to discuss the request of Mr. Ron Basile to rezone his property located at 5487 Mayfield Road to commercial property. Mr. Marko noted that Mr. Febo would like to see a proposal before any rezoning would be done. Furthermore, he commented that the Planning Commission informed Mr. Basile that the City is encouraging development in that area, but with no proposal his request would be denied.
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Lisa Marko stated the Brown and Gold Benefit is Saturday, April 14, 2012 at the Community Center. The South-Euclid Lyndhurst Board of Education would like to recognize the Brush Debate Team, which received top honors at the John Carroll University competition. The Board of Education is still searching for a superintendant; however, some initial interviews have been conducted. The Stakeholders Committee interviews have been pushed back in order for the Board of Education to do their due diligence.
     
    Ms. Marko thanked the Council members who attended the March 21, 2012 meeting. Ms. Marko personally thanked Mr. Ward for his insightful comments, which will hopefully encourage citizens to think harder when it comes to funding our schools. She also announced that there will $2.3 million in cuts next school year, and the School Board will be looking for support in the November election. Ms. Marko congratulated Laura Baca for being chosen as the 2012 Ohio Council of Teachers of Mathematics Outstanding Elementary Classroom Teacher for Northeastern Ohio.
     
    Mr. Packard inquired as to the time frame regarding the selection of the new superintendant. Ms. Marko replied that although the time frame is uncertain, they are hoping to have a more narrowed down selection by the end of the month.
     
    Mr. Frey asked if there was a revised date for the Stakeholders Committee. Ms. Marko informed him the meeting has not yet been scheduled.
     
    The meeting was opened to public comment.
     
    Scott Brody, of 6363 Huntington Drive, Solon, commented on the Sherri Park Apartments Fire. Mr. Brody's parents live on the forth floor of Sherri Park Apartments. Mr. Brody expressed his thanks and praise to the Fire Department, the Police Department, Mayor Cicero, CERT, and the Council Members who were present at the fire. He stated that the patience and understanding of everyone should be commended. Mr. Brody told Mayor Cicero that he should be very proud of every official, every employee, and every volunteer. Mr. Brody felt the need to be present at the Council meeting to thank everyone personally.
     
    Mr. Frey thanked Mr. Brody for attending the meeting and showing his appreciation.
     
    Marge Cirillo, 5173 Graham Drive, stated that she also would like to commend the Fire Department. She is a member of CERT who assisted the residents back into their damaged homes. Ms. Cirillo said the firemen were extremely patient and helpful in the process of retrieving their personal belongings.
     
    Mr. Frey thanked Ms. Cirillo for her help and for taking the time to attend the meeting.
     
    ORDINANCE NO. 2012-21
    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 SEVEN SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-21 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Ordinance No. 2012-21 was highlighted by Ms. Franco, with Section 6 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that Ordinance No.2012-21 be passed.
     
    Motion carried.
    Ordinance No. 2012-21 is passed.
     
    Approve Recommendation of the Planning Commission:
     
    Recommendation is made to Council to deny the request of Mr. Ron Basile, Owner, to rezone his property from "Ten Thousand Square Foot Single Family" to "Class A, Community Business District".
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Council approve the recommendation of the Planning Commission to deny the request of Mr. Ron Basile, Owner, to rezone his property from "Ten Thousand Square Foot Single Family" to "Class A, Community Business District".
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
     
    It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:27 P.M.

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     Meetings Convened in March 2012:

    March 19, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, March 19, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, P. A. Ward.
     
    Others Present: J. M. Cicero, Jr., Mayor; R. J. Schmidlin, Jr., Acting 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, March 5, 2012.
     
    Approve Minutes of the Special Meeting of Council held Monday, March 5, 2012.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    THIRD READING
    ORDINANCE NO. 2012-10
    INTRODUCED BY: COUNCIL AS A WHOLE
     
    A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE COUNTY OF CUYAHOGA, OHIO IMPLEMENTING A BUSINESS ATTRACTION AND ANTI-POACHING PROTOCOL.
     
    THIRD READING
    ORDINANCE NO. 2012-11
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT A PERMANENT SEWER EASEMENT FROM GREENS NURSING AND ASSISTED LIVING, LLC, ACROSS CUYAHOGA COUNTY PERMANENT PARCEL NO. 714-32-001 IN ORDER TO CONSTRUCT A PUMP STATION, PUBLIC SANITARY SEWERS, MANHOLES AND OTHER NECESSARY SANITARY SEWER APPURTENANCES.
     
    RESOLUTION NO. 2012-16
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO RETAIN WALTER & HAVERFIELD TO REPRESENT THE CITY AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-17
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH KATHY PERELLA FOR CONCESSIONAIRE SERVICES DURING THE 2012 POOL SEASON AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-18
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE TO LEVY ASSESSMENTS FOR THE CONSTRUCTION OR REPAIR OF SIDEWALKS ON CERTAIN STREETS IN THE CITY OF LYNDHURST, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-19
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH A&S ANIMAL CONTROL, INC. TO PROVIDE FOR ANIMAL CONTROL SERVICES IN THE CITY OF LYNDHURST, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-20
    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.
     
    March 19, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, March 19, 2012 at 8:03 P.M., Acting Vice Mayor Lane A. Schlessel, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, P. A. Ward.
     
    Others Present: J. M. Cicero, Jr., Mayor; R. J. Schmidlin, Jr., Acting Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; L. M. Puskas, Building Inspector; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
     
    Absent: Vice Mayor David A. Frey; P. T. Murphy, Director of Law; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that the reading of the minutes of the Regular Meeting of Council held Monday, March 5, 2012, 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 the reading of the minutes of the Special Meeting of Council held Monday, March 5, 2012, copies of which were mailed to all Members, be dispensed with and said minutes stand approved as circulated.
     
    The question was put to a voice vote and passed unanimously.
     
    MAYOR'S REPORT - Mayor Cicero had no report.
     
    FINANCE COMMITTEE - Chairman Ward had no report.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report.
     
    SERVICE AND SEWERS COMMITTEE - Chairman Packard had no formal report; however, he informed Council that the Brainard Pump Station had begun. Mr. Packard explained that the project would take approximately six weeks and could cause minor disruptions to the normal traffic pattern.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel stated that the Legislative Committee had met prior to the evening's meeting to discuss Ordinance No. 2012-10, that minutes from said meeting would be forthcoming, and that it is recommended to Council that the Ordinance be passed.
     
    PLANNING COMMISSION - Chairman Marko had no report; however, mentioned that the upcoming Planning Commission meeting would be held on Thursday, March 22, 2012 at 7:30 p.m.
     
    The meeting was opened to public comment. There was no public comment.
     
    THIRD READING
    ORDINANCE NO. 2012-10
    INTRODUCED BY: COUNCIL AS A WHOLE
     
    AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE COUNTY OF CUYAHOGA, OHIO IMPLEMENTING A BUSINESS ATTRACTION AND ANTI-POACHING PROTOCOL.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2012-10 be placed on third reading for final passage.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-10 is placed on third reading.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No.2012-10 be passed.
     
    Mr. Ward commented that there are two components to this piece of legislation; one being the anti-poaching protocol, which is a "gentlemen's agreement" to treat other communities on an above-board basis, something that the City of Lyndhurst has always done. The second component is the $100,000,000.00 Economic Development Fund that has been put into play. This fund is our citizens' tax dollars and will be in play regardless of Lyndhurst signing onto the Agreement.
     
    Mr. Ward continued, saying that signing this agreement would send a very strong message that Cuyahoga County is going to conduct business in a very new and unique way. He believes that there is no downside to signing this Agreement, as the City has always conducted itself in a gentlemanly fashion and above-board manner. Mr. Ward expressed that while the opportunity to put into play this Agreement may never come up, anything could happen, and single-mindedness is not going to move the County forward. Mr. Ward recommended that the Ordinance be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-10 is passed.
     
    THIRD READING
    ORDINANCE NO. 2012-11
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT A PERMANENT SEWER EASEMENT FROM GREENS NURSING AND ASSISTED LIVING, LLC, ACROSS CUYAHOGA COUNTY PERMANENT PARCEL NO. 714-32-001 IN ORDER TO CONSTRUCT A PUMP STATION, PUBLIC SANITARY SEWERS, MANHOLES AND OTHER NECESSARY SANITARY SEWER APPURTENANCES.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No.2012-11 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-11 is passed.
     
    RESOLUTION NO. 2012-16
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO RETAIN WALTER & HAVERFIELD TO REPRESENT THE CITY AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-16 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2012-16 was highlighted by Ms. Lensner, with Section 3 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Resolution No.2012-16 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Resolution No. 2012-16 is adopted.
     
    RESOLUTION NO. 2012-17
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH KATHY PERELLA FOR CONCESSIONAIRE SERVICES DURING THE 2012 POOL SEASON AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-17 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2012-17 was highlighted by Ms. Lensner, with Section 3 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Marko, that Resolution No.2012-17 be adopted.
     
    Mr. Ward commented that Ms. Perella does an exceptional job and has superb employees. Mr. Marko inquired as to the Dad's Club tournament and availability of concessions at that event. Mr. Glady replied that the tournament is June 3, 2012 and that it would be available. Mr. Gambatese recalled that the quality of the food has always been excellent, and he is excited to get the pool opened for the upcoming season.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Resolution No. 2012-17 is adopted.
     
    ORDINANCE NO. 2012-18
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE TO LEVY ASSESSMENTS FOR THE CONSTRUCTION OR REPAIR OF SIDEWALKS ON CERTAIN STREETS IN THE CITY OF LYNDHURST, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-18 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2012-18 was highlighted by Ms. Lensner, with Section 5 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No.2012-18 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-18 is passed.
     
    ORDINANCE NO. 2012-19
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH A&S ANIMAL CONTROL, INC. TO PROVIDE FOR ANIMAL CONTROL SERVICES IN THE CITY OF LYNDHURST, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-19 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas:Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2012-19 was highlighted by Ms. Lensner, with Section 5 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No.2012-19 be passed.
     
    Mayor Cicero commented that A&S has done a tremendous job during the first quarter of 2012 taking care of the needs of the Community. He gave special thanks to Chief Porrello and Ms. Kovalchik for negotiating such a good price and maintaining the level of service the City's residents have come to expect. Mr. Gambatese agreed, stating that the response times thus far have been noteworthy.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-19 is passed.
     
    ORDINANCE NO. 2012-20
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING TRANSFER AND ADVANCES AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-20 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2012-20 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Packard, seconded by Mr. Ward, that Ordinance No.2012-20 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-20 is passed.
     
    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 8:21 P.M.

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    March 5, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, March 5, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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 Regular Meeting of Council held Monday, February 6, 2012.
     
    Approve Minutes of the Special Meeting of Council held Wednesday, February 29, 2012.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    THIRD READING
    ORDINANCE NO. 2012-8
    INTRODUCED BY: COUNCILMEN SCHLESSEL AND WARD
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING AND SOLICITING.
     
    SECOND READING
    ORDINANCE NO. 2012-10
    INTRODUCED BY: COUNCIL AS A WHOLE
     
    A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE COUNTY OF CUYAHOGA, OHIO IMPLEMENTING A BUSINESS ATTRACTION AND ANTI-POACHING PROTOCOL.
     
    SECOND READING
    ORDINANCE NO. 2012-11 INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT A PERMANENT SEWER EASEMENT FROM GREENS NURSING AND ASSISTED LIVING, LLC, ACROSS CUYAHOGA COUNTY PERMANENT PARCEL NO. 714-32-001 IN ORDER TO CONSTRUCT A PUMP STATION, PUBLIC SANITARY SEWERS, MANHOLES AND OTHER NECESSARY SANITARY SEWER APPURTENANCES.
     
    ORDINANCE NO. 2012-13
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE PROVIDING FOR COMPENSATION FOR SWIMMING POOL PERSONNEL AND REPEALING ORDINANCE NO. 2009-18.
     
    ORDINANCE NO. 2012-14
    INTRODUCED BY: ADMIN
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2012, REPEALING ORDINANCE NO. 2012-01 AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-15
    INTRODUCED BY: MAYOR CICERO AND ALL MEMBERS OF COUNCIL
     
    A RESOLUTION EXPRESSING CONDOLENCE TO THE COMMUNITY OF CHARDON; THE FAMILIES OF DANIEL PARMERTOR, RUSSELL KING JR., AND DEMETRIUS HEWLIN; AND STUDENTS NICKOLAS WALCZAK, JOY RICKERS AND NATE MUELLER IN THE WAKE OF THE CHARDON HIGH SCHOOL SHOOTINGS.
     
    REQUEST AUTHORIZATION TO ADVERTISE FOR BIDS:
     
    2012 Winchester Road Reconstruction/Concrete Program;
    2012 Asphalt Program;
    2012 Sewer Rehabilitation Program;
    2012 Sewer 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.
     
    March 5, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, march 5, 2012 at 8:08 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; J. R. Mandato, Building Inspector; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
     
    Absent: T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that the reading of the minutes of the Regular Meeting of Council held Monday, February 20, 2012, 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. Packard, that the reading of the minutes of the Special Meeting of Council held Wednesday, February 29, 2012, 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 thanked Mr. Frey for his stand-in services while the Mayor was traveling and subsequently in the hospital, and thanked Mr. Ward for handling the budget meeting as well as he did. The Mayor then commented on the recent tragedy at Chardon High School, saying that he had received a phone call on the morning of February 27, 2012 describing the shooting. He talked about the fear that is struck in parents, grandparents, and people looking to have a family when something of this magnitude occurs.
     
    Mayor Cicero described the preparedness that goes on within Cuyahoga County and Homeland Security, and what they are doing to be prepared for any situation that could happen, be it a natural disaster, terrorist attack, or something as horrible as a shooter in a school. He extrapolated on that point, saying that time and time again, experts tell people to be prepared for these incidents because it isn't about if it is going to happen, but when. He then stated his confidence that the Hillcrest area has preparedness plans that well exceed any of the standards that anyone would think need to be there.
     
    The Mayor continued, saying that when something like this happens, it touches the hearts of all, and people need to pray and keep in their thoughts the people of Chardon, especially the families of people who were directly affected by the losses and injuries sustained on that day. The Mayor concluded that this is a tragic situation and something needs to be done about it - we can't just sit and do nothing - and that people need to be angry about this, and make their voices heard that they're not going to put up with stuff like this anymore.
     
    FINANCE COMMITTEE - Chairman Ward read his minutes into the record:
     
    "The Finance Committee met Wednesday, February 29, 2012 at 6:34 p.m. Present were Members of Council, Mr. Frey, Mr. Gambatese, Mr. LoPresti, Mr. Marko, Mr. Packard, Mr. Schlessel and Mr. Ward. Also present was Finance Director Mary Kovalchik and Mayor Cicero along with staff members Chief Carroll, Service Director Glady, Larry Puskas, Tony Tricomi and Chief Porrello. The purpose of the meeting was to discuss budget appropriations for 2012. A copy of the Draft Appropriation Budget had been distributed to all members of Council well in advance of the meeting for their careful evaluation in preparation for this session and many questions had been posed prior to the meeting.
     
    "Chairman Ward began the evening's discussion by directing the members' attention to the summary of Line Item Requests by Department which provides a clear snapshot of budgeted operations last year as compared to what was actually expended against the projected budget needs for the coming year. It was noted the Administration and Departments have done a tremendous job living within the limited resources the City has available. The total requested for 2012 is 0.4% less than the 2011 approved amounts and total only 5.9% over last year's actual expense.
     
    "The Committee then began a review, by Department, of the line-item General Fund Budget requests. Committee members were prepared with questions on specific lines of expense and detailed answers were provided. We have fully funded for full-year staffing in the Police Department in the hope that the current vacancies can be soon filled. The budget does include money to begin the process of inoculating, removing and replacing trees in response to the Emerald Ash Borer infestation as well as regular vacancies. An assessment was approved by Council last year to assist with the funding which will begin to generate funds next year. The line items for the Brainard Sprayground and Lyndhurst Pool have been increased slightly to address the new minimum wage law and changes Council made in the compensation Ordinance for pool personnel.
     
    "The Committee considered funding the operations of the City for a total general fund budget of $14,702,212, which will leave a balance, if every appropriated dollar is expended, of $968,921 at the end of the year. Chairman Ward cautioned, once again, the need for the Administration and Departments to continue their daily vigilance over expenditures as we continue to rely upon unpredictable and soon disappearing revenues - such as Estate Tax and State provided Local Government Funds - to fund daily operations. Without new development in the City, coupled with a stronger economy, the City will continue to struggle.
     
    "A motion was made by Mr. Marko, seconded by Mr. Frey that the General Fund appropriations be approved as presented. The question passed unanimously. Other funds were budgeted as follows:
     
    Special Revenue Funds
     
    $1,113,548
    Debt Service Fund
     
    $1,062.500
    Special Assessment Funds
     
    $2,553,982
    Trust & Agency Funds
     
    $2,325,219
    Capital Improvement Funds
     
    $2,707,434

    "The City also administers several Court Funds which have appropriations as follows:
     
    Court Probation Services
     
    $33,922
    Court Special Projects
     
    $397,798
    Court Special Projects IDIAM
     
    $11,000
    Court Computer Fund
     
    $263,153
    DUI-Indigent
     
    $60,000
    Law Enforcement Fund
     
    $38,500

     
    "It was moved by Mr. Marko, seconded by Mr. Schlessel that the expenditures outlined for Special Assessment Funds and Court Funds be approved as presented. The question passed unanimously.
     
    "The Committee's discussion was then directed to the consideration of the Capital Requests that had been presented by the various Departments and the Lyndhurst Municipal Court. The Committees of Council had reviewed these requests at meetings held over the past few months. The items listed in the current Draft #5 have all been recommended to the Finance Committee for approval, pending availability of funds with the exception of the two Community Center items which were just recently clarified for tile repairs in the amount of $3,100 and chair replacement in the amount of $2,500, which are also before the Committee for consideration, and one item on the Municipal Court's list that had been withdrawn.
     
    "Every Department stepped up, once again, to reduce the list of items needed to what is absolutely necessary to provide for smooth operations, the total capital requests being $4,693,434. It was moved by Mr. Frey, seconded by Mr. Marko that all items be approved for funding. A voice vote was taken with all members voting aye.
     
    The grand total of all funds is $25,269,268. With no further business to discuss, it was moved by Mr. Schlessel, seconded by Mr. Gambatese that the meeting be adjourned at 8:20 p.m."
     
    Mr. Ward then thanked everybody for all of their input, especially Ms. Kovalchik.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report.
     
    SERVICE AND SEWERS COMMITTEE - Mr. Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel reported that the Legislative Committee met that evening at 7:30 p.m. to discuss Ordinance No. 2012-8, adjusting the hours for peddling and soliciting in the Community. He stated that changes would be made to the times when the ordinances were reached during the meeting, and that formal minutes would be submitted prior to the next meeting.
     
    PLANNING COMMISSION - Chairman Marko had no report; however, he announced that the first meeting of the year for the Architectural Board of Review would be on March 15th, and that he would not be present due to his being out of town. Mr. Ward offered to sit in on the meeting, and Mr. Marko agreed and thanked him. Mr. Frey said that this was acceptable, and thanked Mr. Ward for volunteering to do that.
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Cassandra Jones was in attendance for the meeting, and announced the upcoming band concert and prom fashion show. She encouraged people to congratulate any Greenview children on their math competition. They competed against 160 students from eight area districts and took home second place for grades four and five, and first place for the sixth grade.
     
    Ms. Jones stated that regarding the superintendent search, the deadline was closed and applications had been submitted. She said that currently they were being screened by the organization, and candidates would be getting narrowed down and sent to the Board closer to the end of March to being the interviews. After interviews, remaining candidates would be sent to the stakeholders' meeting. Ms. Jones explained that if anyone had names of community members, staff, faculty, or anybody that one thinks would be a good candidate for the stakeholders' meeting, to please email them to one of the Board members. The Board is desirous of somebody to come in -- who is not abrasive -- to help with the interview process.
     
    Ms. Jones announced that there would be a Board meeting on the 21st of the month and inquired as to potential advertising for said meeting, to influence residents to come to the meeting. She said that a slideshow would be shown to the crowd to show where the Board is and where it is going; specifically, going into its budget situation. Mayor Cicero told her to please send the information to his office.
     
    Finally, Ms. Jones touched on the fact that the South Euclid-Lyndhurst schools had gone mobile. She explained that the site could be bookmarked in smartphones, tablets, or computers to allow people to get quick information without having to type the address into the browser. Mr. Ward remarked on that, describing a lockdown that occurred at Memorial that past Friday. He was very impressed how quickly the information was put out, and that it was wonderful to get good, accurate information in an expedient manner, because that is the only way to manage the truth, by putting it out there right away.
     
    The meeting was opened to public comment.
     
    Ken Lombardo, 5247 Spencer Road, commented on the anti-poaching ordinance that was on the evening's agenda, and stated his objections to it. He explained that he doesn't believe it really affects the City of Lyndhurst, because the businesses in the City were mostly retail. He was concerned with the $100,000,000.00 development fund that Mr. FitzGerald was looking at, and said that it hadn't really been solidified. Mr. Lombardo said that the problem is, it penalizes the communities that don't decide to join, and that if it is tax money, it isn't really fair to those communities that don't join.
     
    Mr. Lombardo went on to describe that there were 19 communities out of 60 who had signed onto this agreement, and that he shared in the hesitation of other communities who had not yet joined. He opined that regionalism has its benefits to a small extent, but that this is not the place to start. He said that the place to start would be the Water Department, because that is certainly an area that could be regionalized much easier, and is more involved on a regional basis, than anything else. He stated that that is an area which would work, and that other areas, such as solidifying the dispatch systems, is a very questionable thing, very costly, and if it isn't really dug into, it's going to cost a lot more money than people realize.
     
    Mr. Lombardo concluded by expressing that we should not join Cuyahoga County in the poaching program, and that there are other communities that agree with that.
     
    Mr. Marko also commented on the anti-poaching agreement, bringing up what he said at the last meeting; that being that at that time, he would not vote for it. He stated that currently, he feels that poachers should be penalized. He said that he would like to call Mr. Jerse and ask him if people caught poaching would be penalized for breaking the poaching agreement by way of not being considered for any of the economic development money. Mr. Marko then expressed that we do not belong in the business of telling businesses where they can and cannot go, and he thinks the result of this will be something where a company or corporation may move out of the county and seek a better offer elsewhere. He then opined that the ordinance be put on second reading that evening to allow for a little more time for him to get a hold of Mr. Jerse.
     
    Mr. Ward stated that he was under the impression that this would go on second reading, and asked Mr. Schlessel if he would have a meeting before the next Council meeting to discuss that. He said that there are currently 33 communities which have signed up for it, and that our hesitation was that we were offended at the $100,000,000.00 blackmail. He stressed that this is a loan program so it would be sustaining, and that he thinks that it will be tax money, and that they're putting it into economic development. Mr. Ward opined that this is a needed avenue, because the threats that Cuyahoga County faces in the area of economic development are pretty much outside the county, rather than our sister cities.
     
    He then explained something that was recently reported in the newspaper regarding another community who referred to this as a "gentleman's agreement", and it was almost as though that was offensive. Mr. Ward does not think that having a gentleman's agreement is offensive, or that having an agreement that basically memorializes the way we've always done business, because we've never poached - we were the beneficiary of a corporation that moved here, TRW. He stated that, with regard to land acquisition and big companies, you don't know who's going to buy that land, if it will be through a development company or a shell corporation, so it isn't really known who that organization is until they come to you with plans, because if you knew who they were, the price of the property would go up.
     
    Mr. Ward concluded that he doesn't disagree with the goal, even if it is a gentleman's agreement. He agreed with Mr. Marko that there should be some penalty for violating the agreement, but that if you're of that ilk, you're probably not going to sign up for it anyway. He then recalled the single-mindedness of another community who stated that there was nothing in it for them, so they weren't going to join. Mr. Ward expressed that if nothing is done in the area of economic development and there are no tools that this county can bring to the table, we're all screwed. He opined that the opportunity for this to knock on our door and benefit us is remote, as is with all kinds of other initiatives that our citizens' tax dollars go to fund. Mr. Ward expressed his disappointment in Sunny Simon who, after saying she would be in touch with Council, still has not responded back regarding questions that were asked when she was last at a Council meeting, and said he hopes that contact with Mr. Jerse will go more smoothly.
     
    THIRD READING
    ORDINANCE NO. 2012-8
    INTRODUCED BY: COUNCILMEN SCHLESSEL AND WARD
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING AND SOLICITING.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2012-8 be amended to reflect that no person shall peddle or solicit door to door or house to house before the hour of 10:00 a.m. of any weekday, or before the hour of 12:00 Noon of any weekend day, or after the hour of 6:00 p.m. Eastern Standard Time, or 7:00 p.m. Daylight Savings Time.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-8 is amended.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No.2012-8 be passed as amended.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-8 is passed as amended.
     
    SECOND READING
    ORDINANCE NO. 2012-10
    INTRODUCED BY: COUNCIL AS A WHOLE
     
    AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE COUNTY OF CUYAHOGA, OHIO IMPLEMENTING A BUSINESS ATTRACTION AND ANTI-POACHING PROTOCOL.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No.2012-10 be placed on second reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-10 is placed on second reading.
     
    SECOND READING
    ORDINANCE NO. 2012-11
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT A PERMANENT SEWER EASEMENT FROM GREENS NURSING AND ASSISTED LIVING, LLC, ACROSS CUYAHOGA COUNTY PERMANENT PARCEL NO. 714-32-001 IN ORDER TO CONSTRUCT A PUMP STATION, PUBLIC SANITARY SEWERS, MANHOLES AND OTHER NECESSARY SANITARY SEWER APPURTENANCES.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No.2012-11 be placed on second reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-11 is placed on second reading.
     
    ORDINANCE NO. 2012-13
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE PROVIDING FOR COMPENSATION FOR SWIMMING POOL PERSONNEL AND REPEALING ORDINANCE NO. 2009-18.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-13 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2012-13 was highlighted by Ms. Lensner, with Sections 2 and 3 being read in their entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Marko, that Ordinance No.2012-13 be passed.
     
    Mr. Gambatese thanked and acknowledged how hard everyone worked on this ordinance, mentioning the Mayor, the administration, and his colleagues, as well as the Finance Director, Mary Kovalchik. He stated that many times while traveling down Mayfield Road at late hours, he would look over and see her car at City Hall. He extended his appreciation to Ms. Kovalchik for that.
     
    Mr. Gambatese then mentioned something Mr. Ward had discussed, which is the State tax and State-provided local government funds that we have potential of losing by 2014. He expressed that these are some challenges we have to face, and he wanted to make sure that conversations would be held to be proactive about this matter.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-13 is passed.
     
    ORDINANCE NO. 2012-14
    INTRODUCED BY: ADMIN
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2012, REPEALING ORDINANCE NO. 2012-01 AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-14 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2012-14 was highlighted by Ms. Lensner, with Sections 9 and 11 being read in their entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Marko, that Ordinance No. 2012-14 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Mr. Ward said that Mr. Gambatese would want to repeat everything that he said before. Mr. Gambatese explained that he was concentrating on something else, and Mr. Ward stated that he knew where his head was that evening, and not to worry about it.
     
    Motion carried.
    Ordinance No. 2012-14 is passed.
     
    RESOLUTION NO. 2012-15
    INTRODUCED BY: ADMIN
     
    A RESOLUTION EXPRESSING CONDOLENCE TO THE COMMUNITY OF CHARDON; THE FAMILIES OF DANIEL PARMERTOR, RUSSELL KING JR., AND DEMETRIUS HEWLIN; AND STUDENTS NICKOLAS WALCZAK, JOY RICKERS AND NATE MUELLER IN THE WAKE OF THE CHARDON HIGH SCHOOL SHOOTINGS
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-15 be placed on third reading for final adoption and that it be read in its entirety by Mr. Gambatese, who is related to Daniel Parmertor.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2012-15 was read in its entirety by Mr. Gambatese.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No. 2012-13 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2012-15 is adopted.
     
    It was moved by Mr. Packard, seconded by Mr. Ward, that the 2012 Winchester Road Reconstruction/Concrete Program, 2012 Asphalt Program, 2012 Sewer Rehabilitation Program and 2012 Sewer Repair Program be authorized to advertise for bids.
     
    The question was put to a voice vote and passed unanimously.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:46 P.M.

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     Meetings Convened in February 2012:

    February 20, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, February 20, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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, February 6, 2012.
     
    Approve Minutes of the Regular Meeting of Council held Monday, February 6, 2012.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    SECOND READING
    ORDINANCE NO. 2012-8 INTRODUCED BY: COUNCILMEN SCHLESSEL AND WARD
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING AND SOLICITING.
     
    RESOLUTION NO. 2012-9
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT DENTAL AND LIFE INSURANCE COVERAGE FOR THE EMPLOYEES OF THE CITY AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-10
    INTRODUCED BY: COUNCIL
     
    AS A WHOLE A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE COUNTY OF CUYAHOGA, OHIO IMPLEMENTING A BUSINESS ATTRACTION AND ANTI-POACHING PROTOCOL.
     
    ORDINANCE NO. 2012-11 INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT A PERMANENT SEWER EASEMENT FROM GREENS NURSING AND ASSISTED LIVING, LLC, ACROSS CUYAHOGA COUNTY PERMANENT PARCEL NO. 714-32-001 IN ORDER TO CONSTRUCT A PUMP STATION, PUBLIC SANITARY SEWERS, MANHOLES AND OTHER NECESSARY SANITARY SEWER APPURTENANCES.
     
    ORDINANCE NO. 2012-12
    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.
     
    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.
     
    February 20, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, February 20, 2012 at 8:03 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; L. M. Puskas, Building Inspector; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
     
    Absent: J. M. Cicero, Jr., Mayor; T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that the reading of the minutes of the Special Meeting of Council held Monday, February 6, 2012, 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. Schlessel abstaining.
     
    It was moved by Mr. Ward, seconded by Mr. Packard, that the reading of the minutes of the Regular Meeting of Council held Monday, February 6, 2012, 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. Schlessel abstaining.
     
    MAYOR'S REPORT - Mr. Frey announced that since Mayor Cicero was ill due to his travels in Bangladesh and was not present at the evening's meeting, there would be no report from him.
     
    FINANCE COMMITTEE - Chairman Ward had no report; however, he confirmed that the annual budget appropriations meeting would be held on February 29th at 6:30 p.m. and requested that all department heads and the Mayor be invited.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no formal report; however, he stated that the Public Lands and Buildings Committee had met that evening at 7:00 p.m. to discuss the pool employees' salaries. Present at the meeting were all Members of the Committee and all members of Council, as well as Finance Director Mary Kovalchik. Mr. Marko summarized the meeting, saying that changes will be made to the last compensation ordinance, being Ordinance No. 2009-18. He reported that the pool director's salary would be increased to $13,400.00, and that with the increase in minimum wage to $7.70 per hour, the hourly rates of lifeguards and safety instructors would be raised, as well. Mr. Marko said that each of these rates would be finalized in his formal report.
     
    Mr. Marko's meeting also covered the pool fees ordinance, the most recent one being Ordinance No. 2011-53. It was the conclusion of the Committee to not recommend any changes be made to this ordinance for this year. Mr. Marko will be following up with his counterpart in South Euclid to see if there are any significant changes over there; if so, he will be re-visiting that at a later time.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
     
    SAFETY COMMITTEE - Chairman LoPresti reported on his meeting of Monday, February 13, 2012, the purpose of which was to discuss the capital requests for 2012. The total recommended capital requests for Police was $545,524.00. That amount was recommended by the Committee, pending the availability of funds. The Fire Department had total capital requests for $108,000.00, and that amount was also recommended by the Committee, pending the availability of funds.
     
    SERVICE AND SEWERS COMMITTEE - Mr. Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel had no report; however, he scheduled a meeting for March 5, 2012 at 7:30 p.m. to discuss Ordinance No. 2012-8.
     
    PLANNING COMMISSION - Chairman Marko had no report.
     
    Mr. Frey announced that although she is not formally on the Agenda, Lisa Marko was present at the meeting to give a report for the South Euclid-Lyndhurst Board of Education.
     
    Ms. Marko announced that some Brush students had their artwork on display at the Annual Juried High School Exhibition through the Beachwood Arts Council. The show would be on display from February 5, 2012 through February 26, 2012 at the Beachwood Community Center.
     
    Ms. Marko also confirmed that focus group meeting results would be presented at the School Board's February 22, 2012 meeting, and invited everyone to attend. She stated that the next step in this process would be the actual interview process, and representatives were desired to sit on interview panels. Ms. Marko also discussed the search for a key communicator, who would be an individual within the community who would share information via email regarding the school district.
     
    Ms. Marko then described recent essay winner Tianna O'Neal, who wrote an essay for Dominion's 22nd-annual Strong Men and Women: Excellence in Leadership series. Tianna received a notebook computer; Brush High School will receive a $1,000.00 cash reward.
     
    Finally, Ms. Marko announced that six Brush athletes signed letters of intent on February 1, 2012. Pharoah Brown will be attending the University of Oregon; Demetrius Holmes, Seton Hill University; Kevin Houchins, the University of Louisville; Isiah Wilson, Mercyhurst University; Jalen Yancy, Ohio Dominican; and Carlutorbantu Zaramo will go to Ball State University.
     
    Mr. Frey announced that the Brush Robotics Team went to State, and at the end of the main competition placed fourth and moved into the final round, and ended up as an alliance partner with the number-one team. Unfortunately, they failed to qualify for Nationals; however, it was a great showing on their part and they have done a great job all year long.
     
    Mr. LoPresti asked Ms. Marko what, exactly, would be revealed on February 22nd at the meeting. Ms. Marko explained that basically, a summary of all focus groups in the superintendent search would be presented, and the description of an ideal candidate would be presented. She then stated that by the end of March, the interviews of six or seven candidates would begin.
     
    The meeting was opened to public comment.
     
    Lyle Merdler, 5694 Sheldon Road, commented on the inordinate amount of deer which have been surrounding his property as of late. He stated that in the past two years, the deer population has seemingly exploded. He described instances of deer acting fearless in the presence of humans; for example, deer not running away when approached, deer surrounding a parked car in a driveway, deer coming up to the rear windows of his home and pressing their noses against them. Mr. Merdler opined that the situation will probably not get any better unless there is some kind of predator in the area.
     
    Mr. Frey commented, recalling that the prior evening, he came home to four deer standing in his neighbor's yard that proceeded to just stare at him as he walked to his door. The deer only decided to move when Mr. Frey was about ten feet away, and they didn't move quickly; rather, they just wandered away. He then explained that landowners who own more than ten acres can contact the Ohio Department of Natural Resources to come help them deal with the deer issue, but it can only be dealt with on those properties.
     
    E. Dale Inkley, 5126 East Farnhurst, stated that he had attended Mr. Marko's Public Lands and Buildings Committee meeting and commended him on its rigorous approach. He then stated his concern regarding the redecoration of City Hall and its proposed cost. While he does believe that the video screen is well-advised, he does not think that the redecoration is necessary. He opined that the building is already attractive and well-maintained, and that nothing seems in need of repair or replacement. Mr. Inkley recommended that the money allocated for this redecoration be saved and put to better use for something in the future.
     
    Mr. Schlessel announced that the Heights-Hillcrest Regional Chamber of Commerce business expo would be occurring on May 3, 2012 from 3:00 to 7:00. He asked Members of Council to check their calendars and let him know when they would like to cover and help that day. Mr. Schlessel then encouraged the public to attend, as it is a great way to showcase the community.
     
    Mr. Ward mentioned a handout that Members of Council had received that evening, which was an announcement for the Hillcrest Council of Councils March meeting. He stated that Ed FitzGerald would be in attendance and that it would be a good forum for questions. Mr. Ward asked that anyone interested in attending let him know, or RSVP to the Hillcrest Council of Councils prior to the meeting.
     
    SECOND READING
    ORDINANCE NO. 2012-8
    INTRODUCED BY: COUNCILMEN SCHLESSEL AND WARD
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING AND SOLICITING.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No.2012-8 be placed on second reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-8 is placed on second reading.
     
    RESOLUTION NO. 2012-9
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT DENTAL AND LIFE INSURANCE COVERAGE FOR THE EMPLOYEES OF THE CITY AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-9 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2012-9 was highlighted by Ms. Lensner, with Section 5 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2012-9 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2012-9 is adopted.
     
    FIRST READING
    ORDINANCE NO. 2012-10
    INTRODUCED BY: COUNCIL AS A WHOLE
     
    A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE COUNTY OF CUYAHOGA, OHIO IMPLEMENTING A BUSINESS ATTRACTION AND ANTI-POACHING PROTOCOL.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-10 be placed on first reading.
     
    Mr. Marko recalled last year's meeting with Ed Juris and Sunny Simon's recent Council meeting attendance. He stated that they were being highly encouraged by the County to participate in this agreement, and that the County reserves the right to consider participation in this agreement when evaluating applications under the proposed County Economic Development Fund. Mr. Marko inferred from these statements that if the City does not participate in this agreement, it will be penalized. He stated that as it stands currently, he would vote no on this ordinance. He then asked Mr. Ward to please ask Mr. FitzGerald about this at the Council of Councils meeting, should Mr. Marko not be able to attend.
     
    Mr. Ward echoed Mr. Marko's concerns and affirmed that that is why this ordinance is being placed on first reading. He explained that since the meeting with Mr. Juris months ago, they have not had any further discussion or feedback on the matter. Mr. Ward stated that it wouldn't hurt to the City to participate, but that Mr. Marko's point is well-taken in that one hundred million dollars shouldn't be used as a bribe for participation.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-10 is placed on first reading.
     
    FIRST READING
    ORDINANCE NO. 2012-11
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT A PERMANENT SEWER EASEMENT FROM GREENS NURSING AND ASSISTED LIVING, LLC, ACROSS CUYAHOGA COUNTY PERMANENT PARCEL NO. 714-32-001 IN ORDER TO CONSTRUCT A PUMP STATION, PUBLIC SANITARY SEWERS, MANHOLES AND OTHER NECESSARY SANITARY SEWER APPURTENANCES.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No.2012-11 be placed on first reading.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-11 is placed on first reading.
     
    ORDINANCE NO. 2012-12
    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.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-12 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2012-12 was highlighted by Ms. Lensner, with Sections 3 and 4 being read in their entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No.2012-12 be passed.
     
    Mr. Frey asked Chief Porrello if he had any information on how many prisoners typically need to be moved over to the Bedford Heights City Jail. The Chief explained that since Lyndhurst can hold prisoners for twelve days, it was few and far between that the Bedford jail needed to be utilized.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-12 is passed.
     
    It was moved by Mr. LoPresti, seconded by Mr. Gambatese, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:32 P.M.

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    February 6, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, February 6, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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, January 16, 2012.
     
    Approve Minutes of the Regular Meeting of Council held Monday, January 16, 2012.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - GAMBATESE
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - PACKARD
     
    LEGISLATIVE COMMITTEE - SCHLESSEL
     
    PLANNING COMMISSION - MARKO
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    ORDINANCE NO. 2012-7 INTRODUCED BY: ADMIN
     
    AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $800,000 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. 2012-8
    INTRODUCED BY: COUNCILMEN SCHLESSEL AND WARD
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING AND SOLICITING.
     
    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.
     
    February 6, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, February 6, 2012 at 8:03 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; L. M. Puskas, Building Inspector; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
     
    Absent:
    Council Representative: L. A. Schlessel; J. M. Cicero, Jr., Mayor; T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that the reading of the minutes of the Special Meeting of Council held Monday, January 16, 2012, 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. Packard, that the reading of the minutes of the Regular Meeting of Council held Monday, January 16, 2012, 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 - Mr. Frey announced that since Mayor Cicero was traveling in Bangladesh, there would be no report from him, but that the Law Director had an announcement. Mr. Murphy introduced members of Council to Ray Schmidlin, Jr., a fellow attorney with whom he shares office space. Mr. Murphy explained that Mr. Schmidlin is a member of the law firm Dyson, Schmidlin & Foulds, and that the firm has a number of attorneys there should the City have any large projects. Mr. Murphy added that Council or Administration is free to contact the firm with any legal questions in the event that he is out of town or otherwise unavailable.
     
    FINANCE COMMITTEE - Chairman Ward had no report; however, he announced that the annual budget appropriations meeting would be held on February 29th at 6:30 p.m.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko reported that the Public Lands and Buildings Committee met prior to the Council meeting at 6:30 p.m. to discuss capital requests. He stated that all members of Council and the Committee were present, except for Mr. Schlessel, who was out of town on business. Also present were Finance Director Mary Kovalchik, Tony Tricomi from the Building Department, and Building Inspector Larry Puskas.
     
    Mr. Marko described the items which were approved by the Committee, as follows:
     
    Upgrade of telephone network and telephone equipment - $70,000.00.
    Repair to the generator - $4,000.00.
    Upgrade to the Council Chambers and conference rooms - $25,000.00.
    Drop ceiling and lighting in the hallway of the court annex - $4,000.00.
    Replace heater in the Fire Department - $6,900.00.
    Carpet Replacement Program - $8,000.00.
    New piping for the chiller water pump - $6,000.00.
    Replace the rusted door frame for the animal kennel - $2,500.00.
    Replace high-pressure sodium lighting with high-efficient fluorescent lighting - $6,200.00.
     
    In addition, the Committee also discussed needs in the Finance Department, as follows:
     
    New photo system - $2,755.00.
    Records storage (mandated by the Ohio Revised Code) and new copier - $15,200.00.
    Storage server - $1,000.00.
     
    Two refurbished vehicles for the Police Department were also approved for the cost of $6,000.00.
     
    Items approved for the Court are as follows:
     
    Digital recording equipment - $25,000.00.
    Audio speaker system - $9,000.00.
    Website enhancement - $15,000.00.
    Imaging software - $35,000.00.
    Main computer server - $20,000.00.
    Phone system and email server - $45,000.00.
     
    Remaining Lyndhurst costs will be discussed later this week to get an understanding of where the Court wants to be on some of the items involving shared costs.
     
    Regarding the Community Center, tile repairs and window replacement for some of the rooms will be deferred to the Regular Meeting of the Finance Committee on the 29th of the month.
     
    The total cost for Technology is $29,000.00, which includes five new computers, a SharePoint server, an email server, and a web content filter.
     
    All items were approved, pending availability of funds, and a formal report will follow.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese reported that he submitted a formal report from his capital requests meeting. In addition, he mentioned that Ordinance No. 2012-7 was on the night's agenda, regarding the sale of a bond.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report; however, he said that a meeting of the Safety Committee would be scheduled for Monday, February 13th at 7:00 p.m. to discuss capital requests.
     
    SERVICE AND SEWERS COMMITTEE - Mr. Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel was not present for the meeting; therefore, he had no report.
     
    PLANNING COMMISSION - Chairman Marko had no report.
     
    Mr. Frey remarked that normally at the first meeting of the month, the South Euclid-Lyndhurst Board of Education would be present with a report, but that Ms. Rhine informed him earlier that she would not be able to attend, and would catch up with Council at the next meeting.
     
    The meeting was opened to public comment. There was no public comment.
     
    ORDINANCE NO. 2012-7
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $800,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING STREETS BY RESURFACING, PAVING WITH CONCRETE AND MAKING OTHER IMPROVEMENTS AS DESIGNATED IN THE PLANS APPROVED OR TO BE APPROVED BY COUNCIL, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2012-7 be placed on third reading for final passage and that it be highlighted.
     
    Mr. Ward noted that the Fiscal Officer's Certificate was received by all Members of Council.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2012-7 was highlighted by Ms. Lensner, with Section 16 being read in its entirety.
     
    It was moved by Mr. Gambatese, seconded by Mr. Ward, that Ordinance No. 2012-7 be passed.
     
    Mr. Frey noted that this is part of the approximately one point two million dollars that is intended to be spent on road improvements in the City of Lyndhurst this year. He stated that typically, the note is paid off within a year of its issuance.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-7 is passed.
     
    ORDINANCE NO. 2012-8
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING AND SOLICITING.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2012-8 be placed on first reading.
     
    Mr. Ward commented that Mr. Schlessel would be calling a meeting prior to this Ordinance going on third reading, as it has come to the attention on Council that the hours for solicitation in the City are quite liberal when compared to other communities, and they require attention.
     
    Mr. Gambatese inquired as to whether solicitors are required to register anywhere before soliciting in the City. Mr. Murphy responded that solicitors are required to register, and asked Chief Porrello if solicitors inform the police where they will be at certain points in time. Chief Porrello replied, saying that solicitors will just generally be in the City, and that identification of all participants, as well as information on the solicitation (fundraising, etc.) must be provided prior to any solicitous acts.
     
    Mr. Frey expounded on Chief Porrello's comment, stating that the time of registering would be the City's opportunity to let them know what the hours of solicitation would be.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-8 is placed on first reading.
     
    It was moved by Mr. LoPresti, seconded by Mr. Gambatese, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:19 P.M.

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     Meetings Convened in January 2012:

    January 16, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, January 16, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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:
     
    Confirmation by Council:
     
    Reappointment of Paul T. Murphy, Director of Law; Reappointment of Mary A. Kovalchik, Director of Finance.
     
    Swearing In Ceremony:
     
    Director of Law;
    Director of Finance.
     
    Swearing In:
     
    New Firefighter Lee Schoch.
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Tuesday, January 3, 2012.
     
    Committee Reports:
     
    MAYOR'S REPORT - MAYOR CICERO
     
    FINANCE COMMITTEE - WARD
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
     
    ROADS & UTILITIES COMMITTEE - PACKARD
     
    SAFETY COMMITTEE - LoPRESTI
     
    SERVICE & SEWERS COMMITTEE - GAMBATESE
     
    LEGISLATIVE SCHLESSEL - MARKO
     
    PLANNING COMMISSION - MARKO
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    RESOLUTION NO. 2012-4
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT HEALTH CARE COVERAGE FOR THE EMPLOYEES OF THE CITY AND DECLARING AN EMERGENCY.
     
    RESOLUTION NO. 2012-5
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE CITY TO MAKE APPLICATION TO THE STATE OF OHIO DEPARTMENT OF NATURAL RESOURCES FOR FINANCIAL ASSISTANCE FOR PUBLIC RECREATION PURPOSES; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS RELEVANT THERETO; AUTHORIZING THE ACCEPTANCE OF SAID FUNDS; AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-6
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2011-29 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. 2011-29 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    Correspondence:
     
    Ohio Division of Liquor Control for change of corporate stock ownership for D5I and D6 for California Pizza Kitchen, Inc., dba California Pizza Kitchen, 25365 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.
     
    January 16, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, January 16, 2012 at 8:05 P.M., Vice Mayor David A. Frey, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
     
    Absent: T. P. Kunz, Building Commissioner.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that the re-appointment of Paul T. Murphy as Director of Law be confirmed.
     
    The question was put to a voice vote and passed unanimously.
     
    Motion carried.
    Paul T. Murphy is reappointed as Director of Law.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that the re-appointment of Mary A. Kovalchik as Director of Finance be confirmed.
     
    The question was put to a voice vote and passed unanimously.
     
    Motion carried.
    Mary A. Kovalchik is re-appointed as Director of Finance.
     
    The Oath of Office was administered to Paul T. Murphy and Mary A. Kovalchik.
     
    Mr. Frey commented that both Ms. Kovalchik and Mr. Murphy had always served the City well, and he looks forward to working with them on a continued basis.
     
    The Oath of Office was administered to new Firefighter Lee Schoch.
     
    Mayor Cicero described Firefighter Schoch's educational and work background, and expressed his confidence in Mr. Schoch regarding his new position with the City. Chief Carroll described the responsibilities and duties of probationary firefighters, which Mr. Schoch accepted.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that the reading of the minutes of the Regular Meeting of Council held Tuesday, January 3, 2012, 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.
     
    MAYOR'S REPORT - Mayor Cicero had no report; however, he welcomed everyone to a new year, as he was not present at the prior meeting. He also reminded Members of Council to schedule their committee meetings to discuss capital requests.
     
    FINANCE COMMITTEE - Chairman Ward had no report; however, he asked Members of Council to pencil in February 29th as a potential date for the annual appropriations meeting.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report; however, he scheduled a tentative meeting for January 23rd at 7:00 p.m.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese reported that the Roads and Utilities Committee had met prior to that evening's Council meeting, and that a formal report would be submitted to highlight upcoming 2012 projects. He also described a potential traffic study on Brainard Road, and expressed his eagerness for budget approval so these things could begin.
     
    SAFETY COMMITTEE - Chairman LoPresti reported on his Safety Committee meeting of Tuesday, January 3, 2012, reading the following: "The purpose of the meeting was to discuss the Communications Center Emergency Replacement and Remodeling Project. Chief Porrello informed the Committee that the total estimated cost of the Project remains approximately $198,813.00, as originally budgeted. Of that total amount, $63,212.72 was already advanced by Council in October 2011. The estimated cost to complete the Project is approximately $135,600.00, which the Police Department was budgeting for in 2012.
     
    "Because the Project is underway and progressing, additional funds must be allocated as soon as possible so that pre-ordering can take place. This is necessary because of the lengthy (4-5 week) wait between the ordering of equipment/materials and their delivery. Accordingly, the Police Department is asking the Committee to recommend to Council to advance an additional $100,000.00 immediately, rather than waiting until the 2012 Budget was approved and the funds earmarked for the Project become available.
     
    "A motion was made by Mr. Ward and seconded by Chairman LoPresti that the Committee recommends to Council to move the aforementioned $100,000.00 from the 2011 Temporary Budget line item "Building Emergency Repairs", which will be charged against the Project, to fund immediate purchase requisition needs regarding the Project. It is important to note that this movement of funds will cause the total amount requested by the Police Department as a capital request in 2012, regarding the Project, to be reduced by $100,000.00. No other business was discussed and the meeting adjourned at 7:55pm."
     
    Mr. Frey thanked Chairman LoPresti and asked that one small correction be made to Mr. LoPresti's report, that being that Mr. Frey was not present for the meeting as stated in the written report. He did state, however, that he was there in spirit.
     
    SERVICE AND SEWERS COMMITTEE - Mr. Packard had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Schlessel had no report.
     
    PLANNING COMMISSION - Chairman Marko had no report.
     
    The meeting was opened to public comment.
     
    County Councilwoman Sunny Simon attended the meeting to give an update of what's going on in the County; specifically, District 11, which includes Lyndhurst. She discussed property re-evaluation, stating that this would be significant due to recent foreclosures. She expressed a desired to hear opinions of the property re-evaluations after they have concluded.
     
    Ms. Simon also described a project she is spearheading, which is to enhance the juvenile diversion program. She was recently able to, with the consensus of her colleagues, come up with a new budget that allocated for juvenile diversion. Ms. Simon met with Kathy Tomaro and other officers who are implementing the program to collaborate on ways to raise money for District 11. Ms. Simon hopes to see some positive changes on this front, and added that Ms. Tomaro has been doing an excellent job.
     
    Next, Ms. Simon reported on the Anti-Poaching Agreement, stating that at this point, 22 cities had signed on. She stated that resistance was being shown mainly due to the punitive aspect of such an agreement. Ms. Simon informed everyone that the County Council is working on ways to have this agreement work so that these communities can sign on, not necessarily to receive a bigger benefit, but with consideration taken as far as the financial aspects of such an agreement.
     
    Mayor Cicero commented that he had had conversations with Councilman Schlessel on where to go with this agreement before the holidays, and it was sure to be an issue up for discussion in the coming weeks.
     
    Mr. Ward clarified that the City's response is two-fold; first, that the Anti-Poaching Agreement is rather innocuous, in that it is not going to harm the City of Lyndhurst in any way; however, the City's knee-jerk reaction to the funds being held over the communities' heads was a valid reaction. He extrapolated, stating that this reaction didn't necessarily mean that the City wasn't going to sign such an agreement, and that even if the City did sign, that would still have been his reaction, because that isn't how the funds should be characterized, as signing on should be either a good idea, or not. Mr. Ward then said that it is not a bad idea, but a moral issue.
     
    Mayor Cicero stated that a decision has not yet been made on whether or not the City will sign onto this agreement, and Ms. Simon expressed her understanding of that statement. Mayor Cicero agreed that she would need to go back to County Council for further discussion on the matter, and Ms. Simon concurred, stating that she would go back to the County Council and return with more information. Ms. Simon concluded by describing a meeting that she would like to have some time in March when the weather, most likely in Euclid on the lake.
     
    Mr. Ward announced that the Assistant Clerk of Council would be having a birthday the next day, and that on behalf of all Members of Council, he wished that she have a happy birthday and a wonderful day.
     
    Mayor Cicero described his upcoming journey to Bangladesh, which would last ten days. He stated that in his absence, Mr. Frey would be the Acting Mayor. Further, he expressed his desire that all Committee Chairs have their budgets ready to go for his return.
     
    RESOLUTION NO. 2012-4
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT HEALTH CARE COVERAGE FOR THE EMPLOYEES OF THE CITY AND DECLARING AN EMERGENCY
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2012-4 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2012-4 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that Resolution No.2012-4 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2012-4 is adopted.
     
    RESOLUTION NO. 2012-5
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE CITY TO MAKE APPLICATION TO THE STATE OF OHIO DEPARTMENT OF NATURAL RESOURCES FOR FINANCIAL ASSISTANCE FOR PUBLIC RECREATION PURPOSES; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS RELEVANT THERETO; AUTHORIZING THE ACCEPTANCE OF SAID FUNDS; AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2012-5 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2012-5 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Resolution No.2012-2 be adopted.
     
    Mr. Packard and Mr. Frey asked Mr. Glady to please highlight what some of the plans would be for this grant money. Mr. Glady described a pedestrian pathway on a lot next to the creek near Ridgebury Boulevard that would give the people in the Dalewood, North/South Barton, Hanley and Learidge area access to Schaefer Park via a bikeway or a pathway.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2012-5 is adopted.
     
    ORDINANCE NO. 2012-6
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2011-29 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. 2011-29 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2012-6 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2012-6 was highlighted by Ms. Lensner, with Section 14 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-6 be passed.
     
    Roll Call: Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-6 is passed.
     
    Correspondence from the Ohio Division of Liquor Control for change of corporate stock ownership for D5I and D6 for California Pizza Kitchen, Inc., dba California Pizza Kitchen, 25365 Cedar Road was noted with no objections.
     
    It was moved by Mr. LoPresti, seconded by Mr. Gambatese, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:36 P.M.

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    January 3, 2012: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Tuesday, January 3, 2012, at 8:00 P.M., Vice Mayor Lane A. Schlessel, presiding.
     
    Members Present:
    Council Representatives: D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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:
     
    Elections:
    Vice Mayor for the year 2012.
     
    Council's representative to the Planning Commission for 2012 (automatically becomes Representative to City Architectural Board of Review)
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, December 5, 2011.
     
    Approve minutes of the Special Meeting of Council held Thursday, December 29, 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
     
    LEGISLATIVE COMMITTEE - MARKO
     
    PLANNING COMMISSION - WARD
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
     
    Requests for additions to the Agenda:
     
    Public Comment:
     
    ORDINANCE NO. 2012-1
    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, REPEALING ORDINANCE NO. 2011-91, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-2
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE RATIFYING THE APPOINTMENT BY THE MAYOR OF A&S ANIMAL CONTROL, INC. AS ANIMAL WARDEN FOR THE CITY OF LYNDHURST, AND DECLARING AN EMERGENCY.
     
    ORDINANCE NO. 2012-3
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH DICILLO LANDSCAPE DESIGN FOR THE 2011 CONCRETE 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.
     
    January 3, 2012: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Tuesday, January 3, 2012 at 8:04 P.M., Vice Mayor Lane A. Schlessel, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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: D. A. Frey, Council Representative; J. M. Cicero, Jr., Mayor.
     
    The floor was opened to nominations for the position of Vice Mayor for the year 2012.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that David A. Frey be nominated as Vice Mayor for the 2012 calendar year.
     
    Roll Call:
     
    Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
    Nays: None.
     
    Motion carried.
    Mr. Frey is elected Vice Mayor for the year 2012.
     
    The floor was opened to nominations for the Council's representative to the Planning Commission and Architectural Board of Review for the year 2012.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Joseph A. Marko be nominated as Council's Representative to the Planning Commission and to the Architectural Board of Review for the 2012 calendar year.
     
    Roll Call:
     
    Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
    Nays: None.
     
    Motion carried.
     
    Mr. Marko is elected as Council's Representative to the Planning Commission and Architectural Board of Review.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that the reading of the minutes of the Regular Meeting of Council held Monday, December 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, with Mr. LoPresti and Mr. Packard abstaining.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that the reading of the minutes of the Special Meeting of Council held Thursday, December 29, 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. Packard abstaining.
     
    MAYOR'S REPORT - Mayor Cicero was not present for the meeting; therefore, he had no report.
     
    FINANCE COMMITTEE - Chairman Ward had no report; however, he reminded potential committee chairmen to schedule their capital requests meetings for this year's budget. He also reported that the budget meeting would be held towards the end of February.
     
    PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey was not present for the meeting; therefore, he had no report.
     
    ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report; however, he announced that there would be a meeting in the next few weeks.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report; however, he stated that at the next Council meeting he would have a report for Members of Council to review regarding the evening's Safety Committee meeting.
     
    SERVICE & SEWERS COMMITTEE - Mr. Schlessel reported that since Mr. Fisher had retired from Council and a new Service & Sewers Committee representative had not yet been appointed, there would not be a report for the evening.
     
    LEGISLATIVE COMMITTEE - Chairman Marko had no report.
     
    PLANNING COMMISSION - Chairman Ward had no report.
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Bill Kent stated that the interim superintendent, James Costanza, has been doing an excellent job in his position; however, a permanent superintendent must still be found. He distributed information regarding focus groups and expressed how critical it is to attend these focus group meetings, as they are to be used for citizens to express their opinions on the schools. Mr. Kent stressed that people need to know about these meetings so they can attend and be a viable part of the superintendent search.
     
    Mr. Gambatese agreed wholeheartedly, explaining that only so much can be done by the school board and reiterating the importance of the public's attendance at these focus group meetings. He thanked Mr. Kent and the school board for organizing the meetings, hoping that people will take advantage of this great opportunity to be a part of the superintendent search.
     
    Mr. Ward echoes the importance of attending these meetings, explaining that the Lyndhurst representatives are just that: representatives. He stated that despite the number of concerns that Councilmen receive, very few people actually attend the board meetings to make their voices heard.
     
    Mr. Schlessel extrapolated on Mr. Ward's sentiments, explaining that many residents believe that Councilmen are on the school board as well, which is not the case. In response to a question from Mr. Gambatese, Mr. Schlessel said that the meeting dates would be posted on the City of Lyndhurst's website so residents would be made aware of them. He then thanked Mr. Kent for his report, saying that he was looking forward to more information regarding the search.
     
    The meeting was opened to public comment. There was no public comment.
     
    ORDINANCE NO. 2012-1
    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, REPEALING ORDINANCE NO. 2011-91, 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. 2012-1 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2012-1 was highlighted by Ms. Lensner, with Sections 9 and 11 being read in their entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No.2012-1 be passed.
     
    Roll Call:
     
    Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-1 is passed.
     
    ORDINANCE NO. 2012-2
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE RATIFYING THE APPOINTMENT BY THE MAYOR OF A&S ANIMAL CONTROL, INC. AS ANIMAL WARDEN FOR THE CITY OF LYNDHURST, 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. 2012-2 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2012-2 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.2012-2 be passed.
     
    Mr. Ward commented that Special Police Officer Bagi, who was in charge of animal control in prior years, had retired. He elaborated, explaining that since no other officers had the qualifications of Officer Bagi, an outside company would need to be used. Mr. Schlessel confirmed with Ms. Kovalchik that the appointment of A&S was on a three-month trial basis, and that an excellent price had been set for said trial period.
     
    Roll Call:
     
    Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-2 is passed.
     
    ORDINANCE NO. 2012-3
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH DICILLO LANDSCAPE DESIGN FOR THE 2011 CONCRETE REPAIR PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT, 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. 2012-3 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2012-3 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No.2012-3 be passed.
     
    Roll Call:
     
    Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-3 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 8:21 P.M.

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