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AGENDAS & MINUTES / CITY COUNCIL / 2013:
 
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 Meetings Convened in November 2013:

November 4, 2013: City Council
AGENDA

 
November 4, 2013: City Council
MINUTES


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 Meetings Convened in October 2013:

October 21, 2013: City Council
AGENDA

 
October 21, 2013: City Council
MINUTES:
To be posted.

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October 7, 2013: City Council
AGENDA

 
October 7, 2013: City Council
MINUTES


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October 7, 2013: City Council Special Session
AGENDA

 
October 7, 2013: City Council Special Session
MINUTES


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 Meetings Convened in September 2013:

September 16, 2013: City Council
AGENDA

 
September 16, 2013: City Council
MINUTES


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September 3, 2013: City Council
AGENDA

 
September 3, 2013: City Council
MINUTES


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September 3, 2013: City Council Special Session
AGENDA

 
September 3, 2013: City Council Special Session
MINUTES:

 
To be posted.

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 Meetings Convened in August 2013:

August 5, 2013: City Council
AGENDA

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, August 5, 2013, at 8:00 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives:
J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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.
 
BOARD OF CONTROL:
 
PLEDGE OF ALLEGIANCE
 
Minutes: Approve minutes of the Regular Meeting of the Board of Control held Monday, July 1, 2013.
 
Nuisance Abatement: Review and approve assessments for nuisance abatement.
 
Monthly Statement by the Finance Director: Review and approve monthly summary statement of revenues and expenditures for the month of June, 2013.
 
Award Contracts: For bids received in answer to advertised request for 2013 Sewer Repair Program.
 
Approve Purchase Requisitions: STATEWIDE FORD - 2014 Explorer Utility Interceptor - $26,667.00
 
CONCORD ROAD EQUIPMENT - Dump body, salt spreader with brine system for new truck - $58,063.84
 
BLANKET VENDOR - Gasoline and diesel fuel for 3rd quarter 2013 - $56,400.00
 
COUNCIL:
 
Minutes: Approve Minutes of the Regular Meeting of Council held Monday, July 1, 2013.
 
Approve Minutes of the Special Meeting of Council held Monday, July 1, 2013.
 
Committee Reports: MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE - SERVICE & SEWERS COMMITTEE - PACKARD
 
SAFETY COMMITTEE - LoPRESTI
 
LEGISLATIVE COMMITTEE - FREY
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - GAMBATESE
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
 
SPECIAL PRESENTATION - PROPERTY OF DISTINCTION AWARD
 
4927 North Sedgewick
5129 Thornbury
5355 Chickadee
1304 Haverston
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2013-55 INTRODUCED BY: ADMIN
 
AN ORDINANCE ENACTING SECTION 1359.051 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO THE CURTAILMENT OF WATER USE, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-56 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. 2013-57 INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2013 REPEALING ORDINANCE NO. 2013-47 AND DECLARING AN EMERGENCY
 
RESOLUTION NO. 2013-58 INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-08-047 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY
 
ORDINANCE NO. 2013-59 INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTIONS 145.01 AND 145.02 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO THE BUILDING COMMISSIONER, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-60 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 2013 AND DECLARING AN EMERGENCY
 
ORDINANCE NO. 2013-61 INTRODUCED BY: ADMIN
 
AN ORDINANCE ENACTING SECTION 159.151 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO VOLUNTARY DEDUCTIONS FOR THE OHIO TUITION TRUST AUTHORITY'S COLLEGE ADVANTAGE SAVINGS PLAN, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO . 2013-62 INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH UTILICON CORPORATION FOR THE 2012 SEWER REPAIR PROGRAM AND DECLARING AN EMERGENCY
 
RESOLUTION NO. 2013-63 INTRODUCED BY: ADMIN
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO TOM KUNZ FOR SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO AS CITY BUILDING COMMISSIONER.
 
ORDINANCE NO. 2013-64 INTRODUCED BY ADMIN
 
AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES AND DECLARING AN EMERGENCY.
 
Correspondence: Ohio Division of Liquor Control regarding transfer of liquor permit to Dino's Restaurant Group, LLC from Joseph Beth Café, LLC.
 
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
 
August 5, 2013: City Council
MINUTES

 

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 Meetings Convened in July 2013:

July 1, 2013: City Council Special Session
AGENDA:

 
N/A
 
July 1, 2013: City Council Special Session
MINUTES:

 
The Council of the City of Lyndhurst met in Special Session on Monday, July 1, 2013 at 7:30 P.M., Vice Mayor Patrick A. Ward presiding.
 
Members Present: Council Representatives J. A. Gambatese, C. A. LoPresti, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law.
 
It was moved by Mr. Frey, seconded by Mr. Packard, that pursuant to O.R.C. 121.22 (G)(2), Council convene in Executive Session (closed to the public) to discuss purchase of properties for public purposes.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Council recessed to Executive
 
Session at 7:31 P.M.
 
Council convened in Executive Session at 7:31 P.M.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese that the Executive Session of Council recess and Council reconvene in Special Session.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Council reconvened in Special Session at 7:49 P.M.
 
It was moved by Mr. Packard, seconded by Mr. Schlessel, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 7:54 P.M.
 
Approved: August 5, 2013
 
Attest:
 
Clerk of Council
 
Vice Mayor

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July 1, 2013: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, July 1, 2013, at 8:00 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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 3, 2013.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE -
SERVICE & SEWERS COMMITTEE - PACKARD
 
SAFETY COMMITTEE - LoPRESTI
 
LEGISLATIVE COMMITTEE - FREY
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - GAMBATESE
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
 
SPECIAL PRESENTATION - PROPERTY OF DISTINCTION AWARD
 
1108 Ford Road
1058 Roland Road
1739 Brainard Road
4984 Farnhurst Road
 
Requests for additions to the Agenda:
 
Public Comment:
 
THIRD READING
ORDINANCE NO: 2013-26
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 107.06 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO BIDDING PROCEDURES.
 
THIRD READING
ORDINANCE NO. 2013-31
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ASSET TRANSFER AGREEMENT WITH THE CITY OF CLEVELAND, OHIO, REGARDING THE CITY OF LYNDHURST WATER DISTRIBUTION SYSTEM.
 
THIRD READING
ORDINANCE NO. 2013-32
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A JOINT DEVELOPMENT ZONE AGREEMENT WITH THE CITY OF CLEVELAND, OHIO.
 
THIRD READING
ORDINANCE NO. 2013-33
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A REINSTATEMENT OF THE WATER SERVICE AGREEMENT FOR DIRECT SERVICE WITH THE CITY OF CLEVELAND, OHIO.
 
ORDINANCE NO: 2013-44
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2012-93 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. 2012-93 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO: 2013-45
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2012-92 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. 2012-92 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-46
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 159.14 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO OVERTIME.
 
ORDINANCE NO. 2013-47
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2013 REPEALING ORDINANCE NO. 2013-42 AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-48
INTRODUCED BY: ADMIN
 
AN ORDINANCE ADOPTING THE 2014 TAX BUDGET AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-49
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1341.07 OF THE CODIFIED ORDINANCES OF THE CITY.
 
ORDINANCE NO: 2013-50
INTRODUCED BY: COUNCIL MEMBERS FREY, SCHLESSEL AND WARD
 
AN ORDINANCE PROVIDING FOR THE COMPENSATION OF CERTAIN MEMBERS OF COUNCIL FOR THE TERM COMMENCING ON JANUARY 1, 2014 AND CONTINUING THEREAFTER.
 
ORDINANCE NO. 2013-51
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH DAN RAY CONSTRUCTION FOR THE BRAINARD ROAD PUMP STATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-52 INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH DAN RAY CONSTRUCTION FOR THE BRAINARD ROAD PUMP STATION PROJECT, AUTHORIZING THE CLOSE OUT OF SAID CONTRACT AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2013-53
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING AN ADDENDUM TO 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 ADDENDUM BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2013-54
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO PREPARE AND SUBMIT AN APPLICATION FOR A GRANT UNDER THE 2013 WESTERN LAKE ERIE BASIN ASH REMOVAL GRANT PROGRAM, AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS AS REQUIRED, 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.
 
July 1, 2013: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, July 1, 2013 at 8:10 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present: Council Representatives J. A. Gambatese, C. A. LoPresti, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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: Council Representative J. A. Marko; T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that the reading of the minutes of the Regular Meeting of Council held Monday, June 3, 2013, 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 was absent, therefore he had no report.
 
ROADS AND UTILITIES COMMITTEE
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
LEGISLATIVE COMMITTEE - Chairman Frey has no report.
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS
Mr. Ward read the following comment into the record:
Mr. Gambatese, I would like to address your comments made at our meeting of June 3rd when you requested I remove you from Council's Agenda and relieve you of responsibility of further investigating the topic of Performance Audits.
 
When you introduced this subject many months ago I asked you to provide us some specific information that would assist us in evaluating what exactly a performance audit might do for Lyndhurst. The reason I asked this from you was because I had already read through numerous Audit documents and the responses to those audits generated by the various municipalities, villages or townships. I had seen nothing in any of those that resembled Lyndhurst or Lyndhurst operations.
 
When you introduced this subject many months ago I asked you then; and again, and again and again thereafter, for some specifics that would tell me and our other colleagues what exactly you were looking for or what you feel we should be looking at because if I had that information I might be able to get you some specifics, some comparables or other data from our peer cities that would facilitate evaluation without incurring the various expenses related to a performance audit.
 
After producing none of the specifics requested and only providing links to already performed audits you asked that I convene a meeting of the Finance Committee to discuss Performance Audits but you did not provide me any informational basis to do so.
 
Mr. Gambatese, when I call a meeting that means that I am responsible for the agenda and specific content in order to facilitate specific discussion and arrive at a specific decision. In spite of my numerous requests, you have not provided anything in the way of hard data for substantive discussion on the topic of a Performance Audit for Lyndhurst whatsoever.
 
This Council engages in numerous exercises and discussions in order to make our Departmental operations as efficient as possible and some of us have shown an extreme propensity for getting into the minutia of our programs in order to make improvements and to save money. We have people working for our residents who continually review how things are done and recommend changes and partnerships and collaborations with that same goal.
 
The best testimony to our resolve and our success it is the fact that our spending is at 2006 levels, our staffing is at its lowest level in my memory and our service to our residents, the reason that we are all here, has not suffered one iota.
 
You have been given ample forum and opportunity to promote this concept, ample opportunity to expound on any number of concepts or accusations that you have ceremoniously cast on the table in order to paint the operations of this City in a negative light. Each and every time there has been nothing to back it up. It has become a tiresome exercise.
 
I would be more than happy to honor your request to remove this matter from our Agendas and further discussion if that is what you want. We can most certainly revisit it should any substantive information or specific purpose come to light. That choice is yours.
 
PLANNING COMMISSION - Chairman Schlessel had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Ms. Cassandra Jones stated in June 335 students graduated. She said the Board and Superintendent are continuing to streamline business. The South Euclid Lyndhurst School District hired a new Director of Business Affairs and a new Special Education Director. Ms. Jones thanked the Councilman for their collaboration with herself and the school district through the school year.
 
Mr. Ward asked the status of the bus parking situation.
 
Ms. Jones stated the new Director of Business Affairs will be auditing the district's transportation, with hopes of streamlining buses.
 
SPECIAL PRESENTATION - PROPERTY OF DISTINCTION AWARD
The Mayor presented awards to the following residents:
 
Fiore and Nancy Bucci - 1739 Brainard Road
Victor and Beatriz Matos - 4984 Farnhurst Road
Barbara Anthony - 1108 Ford Road
Wayne Phelps - 1058 Roland Road
 
The meeting was opened to public comment:
 
Richard Clark, 5347 Chickadee, inquired what the deadline is to place something on the November ballot.
 
Mr. Ward stated the date has passed already.
 
E. Dale Inkley, 5126 E. Farnhurst, expressed his concern regarding the pole across from Get Go Gas Station that was struck while a delivery truck was backing up. Mr. Inkley said he fears the transformer on the pole could fall. He made suggestions regarding the placement of the transformer and the gas station.
 
George DiSanto, 1960 Caronia, inquired about the City of Cleveland and the storm water management company. Mr. DiSanto asked if the City was aware of the increase in resident's water bills for the last two billing cycles.
 
Mayor Cicero explained the City of Cleveland did increase the price of water, he also explained there was an ongoing lawsuit with the North East Ohio Regional Sewer District.
 
Law Director Murphy explained the law suit against the North East Ohio Sewer District.
 
Mr. DiSanto inquired if Dominion East Ohio Gas will be doing gas line replacement within Alberta Park Estates.
 
Mayor Cicero and Mr. Glady stated they are not aware of any planned work in that area, Mayor Cicero said the gas company is focusing on the older infrastructure of the City at this time.
 
Elyzabeth DeGiovanni, 5169 Thornbury, inquired how residents will be notified when the new emergency system is in place. She also asked how residents will submit their information for the new database.
 
Mr. Ward explained a roll out committee is being formed to work out all of these types of details.
 
Ms. DeGiovanni asked who makes up the administration that is listed on Ordinances.
 
Mr. Ward explained it is the Mayor and departments.
 
Ms. DeGiovanni stated Ordinance 2013-50 reads compensation of CERTAIN members of Council. She queried which Councilmen that's refers to.
 
Mr. Ward explained it is based upon the date of election.
 
Mr. Ward reminded everyone that Concerts in the Park will be taking place July 4th, July 17th and August 21st.
 
Mr. Schlessel thanked Chief Porrello for the new posts placed at Exit Cedar West.
 
THIRD READING
ORDINANCE NO: 2013-26
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 107.06 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO BIDDING PROCEDURES
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2013-26 be placed on third reading.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-26 is passed.
 
THIRD READING
ORDINANCE NO. 2013-31
INTRODUCED BY:
COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ASSET TRANSFER AGREEMENT WITH THE CITY OF CLEVELAND, OHIO, REGARDING THE CITY OF LYNDHURST WATER DISTRIBUTION SYSTEM.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2013-31 be placed on third reading.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-31 is passed.
 
THIRD READING
ORDINANCE NO. 2013-32
INTRODUCED BY:
COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A JOINT DEVELOPMENT ZONE AGREEMENT WITH THE CITY OF CLEVELAND, OHIO.
 
It was moved by Mr. Schlessel, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2013-32 be placed on third reading.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-32 is passed.
 
THIRD READING
ORDINANCE NO. 2013-33
INTRODUCED BY:
COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A REINSTATEMENT OF THE WATER SERVICE AGREEMENT FOR DIRECT SERVICE WITH THE CITY OF CLEVELAND, OHIO.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2013-33 be placed on third reading.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-33 is passed.
 
ORDINANCE NO: 2013-44
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2012-93 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. 2012-93 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-44 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-44 was highlighted by Mrs. Franco, with Section 14 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Frey, that Ordinance No. 2013-44 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-44 is passed
 
ORDINANCE NO: 2013-45
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2012-92 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. 2012-92 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-45 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-45 was highlighted by Mrs. Franco, with Section 16 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2013-45 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-45 is passed
 
ORDINANCE NO. 2013-46
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 159.14 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO OVERTIME.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-46 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-46 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Frey, that Ordinance No. 2013-46 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-46 is passed
 
ORDINANCE NO. 2013-47
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2013 REPEALING ORDINANCE NO. 2013-42 AND DECLARING AN EMERGENCY
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-47 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-47 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. 2013-47 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-47 is passed
 
ORDINANCE NO. 2013-48
INTRODUCED BY: ADMIN
 
AN ORDINANCE ADOPTING THE 2014 TAX BUDGET AND DECLARING AN EMERGENCY
 
It was moved by Mr. Schlessel, seconded by Mr. Frey, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-48 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-48 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. 2013-48 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-48 is passed
 
ORDINANCE NO. 2013-49
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1341.07 OF THE CODIFIED ORDINANCES OF THE CITY.
 
It was moved by Mr. Schlessel, seconded by Mr. Frey, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-49 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-49 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. 2013-49 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-49 is passed
 
ORDINANCE NO: 2013-50
INTRODUCED BY: COUNCIL
MEMBERS FREY, SCHLESSEL
AND WARD
 
AN ORDINANCE PROVIDING FOR THE COMPENSATION OF CERTAIN MEMBERS OF COUNCIL FOR THE TERM COMMENCING ON JANUARY 1, 2014 AND CONTINUING THEREAFTER
 
It was moved by Mr. Frey, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-50 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-50 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. 2013-50 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-50 is passed
 
ORDINANCE NO. 2013-51
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH DAN RAY CONSTRUCTION FOR THE BRAINARD ROAD PUMP STATION PROJECT, AND DECLARING AN EMERGENCY
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-51 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-51 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Frey, seconded by Mr. LoPresti, that Ordinance No. 2013-51 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-51 is passed
 
ORDINANCE NO. 2013-52
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH DAN RAY CONSTRUCTION FOR THE BRAINARD ROAD PUMP STATION PROJECT, AUTHORIZING THE CLOSE OUT OF SAID CONTRACT AND DECLARING AN EMERGENCY
 
It was moved by Mr. Schlessel, seconded by Mr. Frey, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-52 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-52 was highlighted by Mrs. Franco, with Section 6 being read in its entirety.
 
It was moved by Mr. Frey, seconded by Mr. Packard, that Ordinance No. 2013-52 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-52 is passed
 
RESOLUTION NO. 2013-53
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING AN ADDENDUM TO 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 ADDENDUM BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2013-53 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Resolution No. 2013-53 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Frey, that Resolution No. 2013-53 be adopted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Resolution No. 2013-53 is adopted
 
RESOLUTION NO. 2013-54
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO PREPARE AND SUBMIT AN APPLICATION FOR A GRANT UNDER THE 2013 WESTERN LAKE ERIE BASIN ASH REMOVAL GRANT PROGRAM, AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS AS REQUIRED, AND DECLARING AN EMERGENCY
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2013-54 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Resolution No. 2013-54 was highlighted by Mrs. Franco, with Section 5 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Resolution No. 2013-54 be adopted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Resolution No. 2013-54 is adopted
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Approved: August 5, 2013 Meeting adjourned at 9:09 P.M.
 
Attest:
 
Clerk of Council
 
Vice Mayor

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 Meetings Convened in June 2013:

June 3, 2013: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, June 3, 2013, at 8:00 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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 20, 2013.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE -
SERVICE & SEWERS COMMITTEE - PACKARD
 
SAFETY COMMITTEE - LoPRESTI
 
LEGISLATIVE COMMITTEE - FREY
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - GAMBATESE
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
 
SPECIAL PRESENTATION - PROPERTY OF DISTINCTION AWARD
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING
ORDINANCE NO: 2013-26
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 107.06 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO BIDDING PROCEDURES.
 
SECOND READING
ORDINANCE NO. 2013-31
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ASSET TRANSFER AGREEMENT WITH THE CITY OF CLEVELAND, OHIO, REGARDING THE CITY OF LYNDHURST WATER DISTRIBUTION SYSTEM.
 
SECOND READING
ORDINANCE NO. 2013-32
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A JOINT DEVELOPMENT ZONE AGREEMENT WITH THE CITY OF CLEVELAND, OHIO.
 
SECOND READING
ORDINANCE NO. 2013-33 INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A REINSTATEMENT OF THE WATER SERVICE AGREEMENT FOR DIRECT SERVICE WITH THE CITY OF CLEVELAND, OHIO.
 
SECOND READING
ORDINANCE NO. 2013-34
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF LYNDHURST TO ENTER INTO A JOINT CONSTRUCTION AGREEMENT WITH THE CITY OF SOUTH EUCLID, OHIO FOR THE PROFESSOR ROAD RECONSTRUCTION PROJECT.
 
ORDINANCE NO. 2013-41
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.
 
ORDINANCE NO. 2013-42
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2013 REPEALING ORDINANCE NO. 2013-38 AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-43
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1501.03 OF THE CODIFIED ORDINANCES OF THE CITY BY ENACTING NEW SECTION 1501.03(e).
 
REQUEST AUTHORIZATION TO ADVERTISE FOR BIDS: 2013 Sidewalk Program;
2013 Sewer Repair Program;
2013 Sewer Rehabilitation Program.
 
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.
 
June 3, 2013: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, June 3, 2013 at 8:03 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present: Council Representatives J. A. Gambatese, C. A. LoPresti, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; J. R. Mandato, Building Inspector; M. J. Carroll, Chief of Fire; M. A. Franco, Assistant Clerk of Council.
 
Absent: Council Representative J. A. Marko; M. A. Kovalchik, Director of Finance; F. E. Glady III, Director of Service; T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Packard, seconded by Mr. Schlessel, that the reading of the minutes of the Regular Meeting of Council held Monday, May 20, 2013, 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. Gambatese abstaining.
 
It was moved by Mr. Packard, seconded by Mr. Schlessel, that the reading of the minutes of the Special Meeting of Council held Monday, May 20, 2013, 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. Gambatese abstaining.
 
MAYOR'S REPORT - Mayor Cicero had no report; however, he announced the 11th Annual Young at Heart party was held Sunday. He reported that it was a wonderful time with great attendance.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko was absent, therefore he had no report.
 
ROADS AND UTILITIES COMMITTEE
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
LEGISLATIVE COMMITTEE - Chairman Frey has no report.
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - Chairman Gambatese distributed a list of website links to performance audits. Mr. Gambatese told Mr. Ward he feels the Finance Committee should be in charge of the Ad Hoc Committee and he will only continue to be the Chairman of the Ad Hoc Committee if all members of Council are included.
 
Mr. Ward advised Mr. Gambatese that he has yet to provide any specific need for a performance audit. Mr. Ward stated there is no justification to spend between sixty thousand dollars ($60,000.00) and one hundred fifty thousand dollars ($150,000.00). Mr. Gambatese asked to be removed from the Ad Hoc Committee and the Agenda.
 
PLANNING COMMISSION - Chairman Schlessel had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Mr. Kent stated it is the end of the school year and the strategic planning process. Mr. Kent thanked Mr. Ward, Mr. Schlessel and Mr. Frey for their help with the strategic planning process. Mr. Kent stated there is a new assistant superintendent and explained the new performance management system for the central office.
 
Mr. Packard inquired on the status of the Korb Field project.
 
Mr. Kent stated everything is going as scheduled.
 
SPECIAL PRESENTATION - PROPERTY OF DISTINCTION AWARD
 
Mr. Ward explained the new Property of Distinction Award program.
 
The Mayor presented awards to the following residents:
 
Bruce and Deborah Jones - 4961 Hartley Drive
Joseph and Katherine Cipriano - 1160 Haverston Road
Scott Jewett - 5839 Alberta Drive
Michell Opalich - 4979 Countryside Road
 
The meeting was opened to public comment:
 
There was no public comment.
 
SECOND READING
ORDINANCE NO: 2013-26
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 107.06 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO BIDDING PROCEDURES
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2013-26 be placed on second reading.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-26 is placed on second reading.
 
SECOND READING
ORDINANCE NO. 2013-31
INTRODUCED BY:
COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ASSET TRANSFER AGREEMENT WITH THE CITY OF CLEVELAND, OHIO, REGARDING THE CITY OF LYNDHURST WATER DISTRIBUTION SYSTEM.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2013-31 be placed on second reading.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-31 is placed on second reading.
 
SECOND READING
ORDINANCE NO. 2013-32
INTRODUCED BY:
COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A JOINT DEVELOPMENT ZONE AGREEMENT WITH THE CITY OF CLEVELAND, OHIO.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2013-32 be placed on second reading.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-32 is placed on second reading.
 
SECOND READING
ORDINANCE NO. 2013-33
INTRODUCED BY:
COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A REINSTATEMENT OF THE WATER SERVICE AGREEMENT FOR DIRECT SERVICE WITH THE CITY OF CLEVELAND, OHIO.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2013-33 be placed on second reading.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-33 is placed on second reading.
 
THIRD READING
ORDINANCE NO. 2013-34
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF LYNDHURST TO ENTER INTO A JOINT CONSTRUCTION AGREEMENT WITH THE CITY OF SOUTH EUCLID, OHIO FOR THE PROFESSOR ROAD RECONSTRUCTION PROJECT.
 
It was moved by Mr. Frey, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-34 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-34 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. 2013-34 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-34 is passed.
 
ORDINANCE NO. 2013-41
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. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-41 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-41 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. 2013-41 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-41 is passed
 
ORDINANCE NO. 2013-42
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2013 REPEALING ORDINANCE NO. 2013-38 AND DECLARING AN EMERGENCY
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-42 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-42 was highlighted by Mrs. Franco, with Section 11 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No. 2013-42 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-42 is passed
 
ORDINANCE NO. 2013-43
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1501.03 OF THE CODIFIED ORDINANCES OF THE CITY BY ENACTING NEW SECTION 1501.03(e)
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-43 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-43 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. 2013-43 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-43 is passed
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that the Clerk be and she is hereby authorized and directed to advertise for bids for the 2013 Sidewalk Program, 2013 Sewer Repair Program, and 2013 Sewer Rehabilitation Program.
 
It was moved by Mr. Packard, seconded by Mr. Schlessel, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Mr. Ward reminded everyone Council is on summer schedule, there is only one meeting in June, July and August.
 
Approved: July 1, 2013
 
Meeting adjourned at 8:27 P.M.
 
Attest:
 
Clerk of Council
 
Vice Mayor

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 Meetings Convened in May 2013:

May 20, 2013: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, May 20, 2013, at 8:00 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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 6, 2013.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE -
SERVICE & SEWERS COMMITTEE - PACKARD
 
SAFETY COMMITTEE - LoPRESTI
 
LEGISLATIVE COMMITTEE - FREY
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - GAMBATESE
 
PLANNING COMMISSION - SCHLESSEL
 
FIRST ENERGY CORPORATION - T. L. KILLEEN, MANAGER EXTERNAL AFFAIRS
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING
 
RESOLUTION NO. 2013-25
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH 32 DEGREES LLC FOR CONCESSIONAIRE SERVICES DURING THE 2013 POOL SEASON AND DECLARING AN EMERGENCY.
 
ORDINANCE NO: 2013-26
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 107.06 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO BIDDING PROCEDURES.
 
ORDINANCE NO. 2013-27
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 905.03 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST CONCERNING SIDEWALKS
 
ORDINANCE NO. 2013-28
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1385.20 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST CONCERNING EXTERIOR PROPERTY MAINTENANCE.
 
ORDINANCE NO. 2013-29
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1385.23 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO THE NOTICE TO OWNER TO CUT WEEDS, GRASS OR ABATE OTHER NUISANCES.
 
ORDINANCE NO. 2013-30
INTRODUCED BY: ADMIN
 
AN ORDINANCE ENACTING SECTION 1385.24 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO THE NOTICE TO OWNER TO REPAIR PUBLIC SIDEWALKS AND TO ASSESS THE COSTS THEREOF.
 
ORDINANCE NO. 2013-31
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ASSET TRANSFER AGREEMENT WITH THE CITY OF CLEVELAND, OHIO, REGARDING THE CITY OF LYNDHURST WATER DISTRIBUTION SYSTEM.
 
ORDINANCE NO. 2013-32
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A JOINT DEVELOPMENT ZONE AGREEMENT WITH THE CITY OF CLEVELAND, OHIO.
 
ORDINANCE NO. 2013-33
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A REINSTATEMENT OF THE WATER SERVICE AGREEMENT FOR DIRECT SERVICE WITH THE CITY OF CLEVELAND, OHIO.
 
ORDINANCE NO. 2013-34
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF LYNDHURST TO ENTER INTO A JOINT CONSTRUCTION AGREEMENT WITH THE CITY OF SOUTH EUCLID, OHIO FOR THE PROFESSOR ROAD RECONSTRUCTION PROJECT.
 
ORDINANCE NO. 2013-35
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH PERFORMANCE PIPELINING, INC., FOR THE ALBERTA PARK ESTATES LATERAL REHABILITATION, AUTHORIZING THE CLOSE OUT OF SAID CONTRACT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-36
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH NERONE & SONS, INC., FOR THE BRAINARD ROAD SANITARY FORCE MAIN PROJECT, AUTHORIZING THE CLOSE OUT OF SAID CONTRACT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-37
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH ROBINSON PIPE SERVICES, INC., FOR THE 2012 SEWER REHABILITATION PROGRAM, AUTHORIZING THE CLOSE OUT OF SAID CONTRACT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-38
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2013 REPEALING ORDINANCE NO. 2013-11 AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2013-39
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH SAM BURGER DBA 32 DEGREES FOOD FOR CONCESSIONAIRE SERVICES DURING THE 2013 POOL SEASON AND DECLARING AN EMERGENCY
 
Traffic Directive #150 Pursuant to the Ohio Manual of Uniform Traffic Control Devices: Remove the STOP SIGNS on eastbound and westbound Rae Road at Beaconfield.
 
Traffic Directive #151 Pursuant to recommendations by Lyndhurst Police Department: Place a DO NOT BLOCK DRIVE sign at the eastern most driveway on Cedar Road for 29001 Cedar Road.
 
Traffic Directive #152 Pursuant to the Ohio Manual of Uniform Traffic Control Devices: Remove the STOP SIGN on northbound Ledgewood Trail at Abigail Drive.
 
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.
 
May 20, 2013: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, May 20, 2013 at 8:03 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; 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:
Council Representative: J. A. Gambatese; F. E. Glady III, Director of Service; T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Packard, seconded by Mr. Schlessel, that the reading of the minutes of the Regular Meeting of Council held Monday, May 6, 2013, copies of which were mailed to all Members, be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero stated he attended the Congressional Districts Elected Officials Conference in Washington DC. He met with congressmen regarding concerns about the state changing policies regarding City funds. The Mayor said he will forward any information he receives to Council and residents.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
 
ROADS AND UTILITIES COMMITTEE
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
LEGISLATIVE COMMITTEE - Chairman Frey had no report.
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - Chairman Gambatese was not present, therefore he had no comment.
 
PLANNING COMMISSION - Chairman Schlessel had no report.
 
FIRST ENERGY CORPORATION - T. L. KILLEEN, MANAGER EXTERNAL AFFAIRS - Mr. Killeen explained First Energy's procedures for outages and how outages are prioritized.
 
Mr. Schlessel thanked Mr. Killeen for his great service to the City of Lyndhurst through the years.
Mr. Ward also thanked Mr. Killeen.
 
It was moved by Mr. Marko, seconded by Mr. Packard, that Ordinance No. 2013-40 be added to the Agenda.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-40 is added to the Agenda.
 
The meeting was opened to public comment:
 
Richard Clark, 5347 Chickadee Lane, inquired if Council has a strategy to avoid a tax levy in the future.
 
Mr.Ward stated every day, members of Council, the Mayor and Department Heads look for ways to save monies and provide better services for residents. Mr. Ward said we are managing the unpredictable. Mr. Ward stated there will not be anything on the November 5th ballot regarding taxes.
 
Elizabeth DeGiovanni, 5169 Thornbury, inquired if anyone has used A&S Animal Control.
Mr. Ward stated that Mr. Frey has used A&S.
Mr. Frey stated that he was very satisfied with the services provided.
 
Chief Porrello said he has received very positive feedback from residents regarding services provided by A
&S Animal Control.
 
SECOND READING
RESOLUTION NO. 2013-25
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH 32 DEGREES LLC FOR CONCESSIONAIRE SERVICES DURING THE 2013 POOL SEASON 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. 2013-25 be placed on third reading for final passage.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No. 2013-25 be passed.
 
Roll Call:
 
Yeas: None.
Nays: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
 
Motion carried.
Ordinance No. 2013-25 is defeated.
 
FIRST READING
ORDINANCE NO: 2013-26
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 107.06 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO BIDDING PROCEDURES.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2013-26 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-26 is placed on first reading.
 
ORDINANCE NO. 2013-27
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 905.03 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST CONCERNING SIDEWALKS.
 
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. 2013-27 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-27 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. LoPresti, that Ordinance No. 2013-27 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-27 is passed.
 
ORDINANCE NO. 2013-28
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1385.20 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST CONCERNING EXTERIOR PROPERTY MAINTENANCE.
 
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. 2013-28 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-28 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. 2013-28 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-28 is passed.
 
ORDINANCE NO. 2013-29
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1385.23 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO THE NOTICE TO OWNER TO CUT WEEDS, GRASS OR ABATE OTHER NUISANCES.
 
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. 2013-29 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-29 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. 2013-29 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-29 is passed.
 
ORDINANCE NO. 2013-30
INTRODUCED BY: ADMIN
 
AN ORDINANCE ENACTING SECTION 1385.24 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO THE NOTICE TO OWNER TO REPAIR PUBLIC SIDEWALKS AND TO ASSESS THE COSTS THEREOF.
 
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. 2013-30 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-30 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. 2013-30 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-30 is passed.
 
FIRST READING
ORDINANCE NO. 2013-31
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ASSET TRANSFER AGREEMENT WITH THE CITY OF CLEVELAND, OHIO, REGARDING THE CITY OF LYNDHURST WATER DISTRIBUTION SYSTEM.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2013-31 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-31 is placed on first reading.
 
FIRST READING
ORDINANCE NO. 2013-32
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A JOINT DEVELOPMENT ZONE AGREEMENT WITH THE CITY OF CLEVELAND, OHIO.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2013-32 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-32 is placed on first reading.
 
FIRST READING
ORDINANCE NO. 2013-33
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A REINSTATEMENT OF THE WATER SERVICE AGREEMENT FOR DIRECT SERVICE WITH THE CITY OF CLEVELAND, OHIO.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2013-33 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-33 is placed on first reading.
 
FIRST READING
ORDINANCE NO. 2013-34
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF LYNDHURST TO ENTER INTO A JOINT CONSTRUCTION AGREEMENT WITH THE CITY OF SOUTH EUCLID, OHIO FOR THE PROFESSOR ROAD RECONSTRUCTION PROJECT.
 
It was moved by Mr. Marko, seconded by Mr. Packard, that Ordinance No. 2013-34 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-34 is placed on first reading.
 
ORDINANCE NO. 2013-35
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH PERFORMANCE PIPELINING, INC., FOR THE ALBERTA PARK ESTATES LATERAL REHABILITATION, AUTHORIZING THE CLOSE OUT OF SAID CONTRACT, 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. 2013-35 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-35 was highlighted by Mrs. Franco, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No. 2013-35 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-35 is passed.
 
ORDINANCE NO. 2013-36
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH NERONE & SONS, INC., FOR THE BRAINARD ROAD SANITARY FORCE MAIN PROJECT, AUTHORIZING THE CLOSE OUT OF SAID CONTRACT, 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. 2013-36 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-36 was highlighted by Mrs. Franco, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No. 2013-36 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-36 is passed.
 
ORDINANCE NO. 2013-37
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH ROBINSON PIPE SERVICES, INC., FOR THE 2012 SEWER REHABILITATION PROGRAM, AUTHORIZING THE CLOSE OUT OF SAID CONTRACT, 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. 2013-37 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-37 was highlighted by Mrs. Franco, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No. 2013-37 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-37 is passed.
 
ORDINANCE NO. 2013-38
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2013 REPEALING ORDINANCE NO. 2013-11 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. 2013-38 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-38 was highlighted by Mrs. Franco, with Section 11 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Frey, that Ordinance No. 2013-38 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-38 is passed.
 
RESOLUTION NO. 2013-39
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH SAM BURGER DBA 32 DEGREES FOOD FOR CONCESSIONAIRE SERVICES DURING THE 2013 POOL SEASON AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2013-39 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Resolution No. 2013-39 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Frey, that Resolution No. 2013-39 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Frey, LoPresti, Ward.
 
Nays: None.
 
Motion carried.
Resolution No. 2013-39 is adopted.
 
It was moved by Mr. Packard, seconded by Mr. Marko that Traffic Directive #150 be noted with no changes.
 
It was moved by Mr. Packard, seconded by Mr. Marko that Traffic Directive #151 be noted with no changes.
 
It was moved by Mr. Packard, seconded by Mr. Marko that Traffic Directive #152 be noted with no changes.
 
It was moved by Mr. LoPresti, seconded by Mr. Schlessel, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:52 P.M.

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May 6, 2013: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, May 6, 2013, at 8:00 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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, April 15, 2013.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE -
 
SERVICE & SEWERS COMMITTEE - PACKARD
 
SAFETY COMMITTEE - LoPRESTI
 
LEGISLATIVE COMMITTEE - FREY
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - GAMBATESE
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
 
Requests for additions to the Agenda:
 
Public Comment:
 
THIRD READING
 
ORDINANCE NO. 2013-19
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 957.02 OF THE CODIFIED ORDINANCES REGARDING SWIMMING POOL ADMISSION FEES.
 
ORDINANCE NO. 2013-23
INTRODUCED BY: ADMIN
 
AN ORDINANCE PROVIDING FOR COMPENSATION FOR SWIMMING POOL PERSONNEL AND REPEALING ORDINANCE NO. 2012-13.
 
RESOLUTION NO. 2013-24
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE CITY OF LYNDHURST, OHIO TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPORTATION'S BULK ROAD SALT PROGRAM, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2013-25
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH 32 DEGREES LLC FOR CONCESSIONAIRE SERVICES DURING THE 2013 POOL SEASON 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.
 
May 6, 2013: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, May 6, 2013 at 8:07 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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. Schlessel, that the reading of the minutes of the Regular Meeting of Council held Monday, April 15, 2013, 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
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
LEGISLATIVE COMMITTEE - Chairman Frey stated the committee met prior to the Council Meeting to discuss the Water Contract Service Agreement and Sidewalk Program, minutes will be forthcoming.
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - Chairman Gambatese requested Mr. Ward schedule a Finance Committee Meeting to further discuss audit options.
 
Mr. Ward stated that he would like to speak to Mr. Gambatese further before scheduling a meeting.
 
PLANNING COMMISSION - Chairman Schlessel had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - No representative was present
 
The meeting was opened to public comment:
 
E. Dale Inkley, 5126 East Farnhurst, stated the Deer Meeting was uneventful.
Mr. Inkley said WVIZ is airing a program Wednesday from the deer's prospective.
Mayor Cicero stated he is investigating a new deer deterrent.
Mr. Ward said if the supplier would supply the product at no cost the City could possibly beta test the product.
Mr. Inkley stated that he has had luck with liquid fence, but would like to meet with the Mayor to further discuss this issue.
 
Mr. Schlessel reminded Council that the Heights Regional Commerce Expo will be May 9th, 3:00PM until 7:00PM, 700 Beta Drive.
 
Mr. Frey stated he attended Barry Hartz's Retirement Reception, and Mr. Hartz was extremely grateful and appreciative of the Resolution presented to him.
 
Mr. Ward reported that Community Shed Day was a great success and another will be scheduled for September.
 
THIRD READING
ORDINANCE NO. 2013-19
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 957.02 OF THE CODIFIED ORDINANCES REGARDING SWIMMING POOL ADMISSION FEES.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2013-19 be placed on third reading for passage.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2013-19 as introduced be amended as distributed.
 
Mr. Gambatese asked how Council came to the decision of changing the Special Needs Pass requirements.
Mr. Ward explained the City was taking a significant amount of abuse from dishonest people regarding disabilities. Mr. Ward explained Special Needs Passes are still available to individuals with disabilities along with a caregiver's pass. Mr. Ward informed Mr. Gambatese there were several meetings regarding this issue.
 
Mr. Frey said in regards to reciprocity, he spoke to David Miller South Euclid's Council President, and as of present, South Euclid will be operating two (2) pools.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-19 (Amended) is now on the floor for consideration.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2013-19 (Amended) be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-19 (Amended) is passed.
 
ORDINANCE NO. 2013-23
INTRODUCED BY: ADMIN
 
AN ORDINANCE PROVIDING FOR COMPENSATION FOR SWIMMING POOL PERSONNEL AND REPEALING ORDINANCE NO. 2012-13.
 
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. 2013-23 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-23 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2013-23 be passed.
 
Mr. Ward thanked Mr. Marko and his committee for their time and effort spent on pool issues.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-23 is passed.
 
RESOLUTION NO. 2013-24
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE CITY OF LYNDHURST, OHIO TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPORTATION'S BULK ROAD SALT PROGRAM, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Frey, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2013-24 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Resolution No. 2013-24 was highlighted by Mrs. Franco, with Section 7 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Resolution No. 2013-24 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2013-24 is adopted.
 
RESOLUTION NO. 2013-25
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH 32 DEGREES LLC FOR CONCESSIONAIRE SERVICES DURING THE 2013 POOL SEASON AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Resolution No. 2013-25 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2013-25 is placed on first reading.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:24 P.M.

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 Meetings Convened in April 2013:

April 15, 2013: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, April 15, 2013, at 8:00 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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, April 1, 2013.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE -
 
SERVICE & SEWERS COMMITTEE - PACKARD
 
SAFETY COMMITTEE - LoPRESTI
 
LEGISLATIVE COMMITTEE - FREY
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - GAMBATESE
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
 
Requests for additions to the Agenda:
 
Public Comment:
 
THIRD READING
 
ORDINANCE NO. 2013-12
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY REPEALING EXISTING SECTION 432.43, AND ENACTING NEW SECTION 432.43 PROHIBITING TEXTING WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
THIRD READING
 
ORDINANCE NO. 2013-13
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING SECTION 432.44 PROHIBITING THE USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICES BY CERTAIN INDIVIDUALS WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
SECOND READING
 
ORDINANCE NO. 2013-19
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 957.02 OF THE CODIFIED ORDINANCES REGARDING SWIMMING POOL ADMISSION FEES.
 
REQUEST AUTHORIZATION TO ADVERTISE FOR BIDS: 41,000 pounds gross vehicle rated weight truck chassis.
 
Planning Commission Recommendations:
 
Recommendation is made to Council to grant the request of Mr. Robert Bremec, on the behalf of James Wert, owner of 540 Eagle Point Drive, to consolidate Sub Lots 41 and 42; 540 and 550 Eagle Point Drive, into one parcel.
 
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.
 
April 15, 2013: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, April 15, 2013 at 8:03 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
Others Present: 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: J. M. Cicero, Jr., Mayor; M. A. Kovalchik, Director of Finance; 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, April 1, 2013, 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. Gambatese and Mr. Frey abstaining.
 
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; however, he stated that the committee met tonight to further discuss Amended Ordinance 2013-19 and pool salaries. The committee recommends placing 2013-19 on second reading.
 
ROADS AND UTILITIES COMMITTEE
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
SAFETY COMMITTEE - Chairman LoPresti stated the Safety Committee met this evening to discuss K9 succession, Ordinance 2013-12 and 2013-13. The Committee recommends passage of 2013-12 and 2013-13 as written. The Committee recommends to Council allocation of sixteen thousand dollars ($16,000.00) from the Federal Equitable Sharing Fund to finance the purchase and training of a new K9 and handler.
 
LEGISLATIVE COMMITTEE - Chairman Frey had no report; however, he stated the Legislative Committee will meet May 6th at 7:15PM to discuss the water contract service agreement.
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - Chairman Gambatese had no report.
 
PLANNING COMMISSION - Chairman Schlessel stated that the Planning Commission met April 4th to discuss consolidation of lots at Eagle Point. The Planning Commission recommends Council grant the request.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - No representative was present
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that Resolution 2013-22 be added to the Agenda.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion Carried.
Rules Suspended.
 
The meeting was opened to public comment:
 
Elyzabeth DeGiovanni, 5169 Thornbury, inquired if Lyndhurst had received any funds from the Casino?
Mr. Ward said funds are in the hands of the county and he believes the money will be used for central and inner city improvements.
Ms. DeGiovanni asked the status of the gas station across the street from Lyndhurst City Hall.
Mr. Ward stated there are rumors of interest but nothing has been confirmed.
 
Mr. Frey announced the band boosters will be hosting a reception May 3rd from 7:00PM until 9:30PM at the Brush High School for Barry Hartz's retirement.
 
THIRD READING
ORDINANCE NO. 2013-12
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY REPEALING EXISTING SECTION 432.43, AND ENACTING NEW SECTION 432.43 PROHIBITING TEXTING WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No. 2013-12 be placed on third reading for final passage.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-12 is passed.
 
THIRD READING
ORDINANCE NO. 2013-13
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING SECTION 432.44 PROHIBITING THE USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICES BY CERTAIN INDIVIDUALS WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No.2013-13 be placed on third reading for final passage.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-13 is passed.
 
SECOND READING
ORDINANCE NO. 2013-19
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 957.02 OF THE CODIFIED ORDINANCES REGARDING SWIMMING POOL ADMISSION FEES.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No.2013-19 be placed on second reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-19 is placed on second reading.
 
RESOLUTION NO. 2013-22
INTRODUCED BY: ALL MEMBERS OF COUNCIL AND MAYOR CICERO
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO BARRY HARTZ FOR SERVICES RENDERED TO THE STUDENTS OF THE SOUTH EUCLID-LYNDHURST CITY SCHOOLS AS MUSIC DIRECTOR ON THE OCCASION OF HIS RETIREMENT.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that rules set forth under Section 123.01 of the Codified Ordinances be suspended, that Resolution No. 2013-22 be placed on second and third reading for final adoption and that it be read in its entirety.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Resolution No. 2013-22 was read in its entirety by Mrs. Franco.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Resolution No.2013-22 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2013-22 is adopted.
 
In response to request for same, it was moved by Mr. Packard, seconded by Mr. Marko, that the Clerk be and she is hereby authorized and directed to advertise for bids for the 41,000 pounds gross vehicle rated weight truck chassis
 
The question was put to a voice vote and passed unanimously.
 
Approve Recommendation of the Planning Commission:
 
Recommendation is made to Council to grant the request of Mr. Robert Bremec, on the behalf of James Wert, owner of 540 Eagle Point Drive, to consolidate Sub Lots 41 and 42; 540 and 550 Eagle Point Drive, into one parcel
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Council approve the recommendation of the Planning Commission to grant the request of Mr. Robert Bremec on the behalf of James Wert, owner of 540 Eagle Point Drive, to consolidate Sub Lots 41 and 42; 540 and 550 Eagle Point Drive, into one parcel.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:18 P.M.

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April 1, 2013: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, April 1, 2013, at 8:00 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present: Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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, March 18, 2013.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE -
 
SERVICE & SEWERS COMMITTEE - PACKARD
 
SAFETY COMMITTEE - LoPRESTI
 
LEGISLATIVE COMMITTEE - FREY
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - GAMBATESE
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
 
SPECIAL PRESENTATION - Dr. Donald Spaner, Medical Control Officer; Hillcrest Hospital a Cleveland Clinic Hospital
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING
 
ORDINANCE NO. 2013-12
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY REPEALING EXISTING SECTION 432.43, AND ENACTING NEW SECTION 432.43 PROHIBITING TEXTING WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
SECOND READING
 
ORDINANCE NO. 2013-13
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING SECTION 432.44 PROHIBITING THE USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICES BY CERTAIN INDIVIDUALS WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-19
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 957.02 OF THE CODIFIED ORDINANCES REGARDING SWIMMING POOL ADMISSION FEES.
 
ORDINANCE NO: 2013-20
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 FIVE SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-21
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH DAN RAY CONSTRUCTION FOR THE BRAINARD ROAD PUMP STATION PROJECT, 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.
 
April 1, 2013: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, April 1, 2013 at 8:03 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel.
 
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:
Council Representative: J. A. Gambatese; Council Representative: D. A. Frey; 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, March 18, 2013, 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 abstaining.
 
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; however, he stated that an Amended Ordinance 2013-19 has been distributed to Council for review and recommends placing 2013-19 on first reading.
 
ROADS AND UTILITIES COMMITTEE
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report; however, he stated there will be a Safety Committee Meeting April 15th at 7:00PM.
 
LEGISLATIVE COMMITTEE - Chairman Frey was not present; therefore, he had no report.
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - Chairman Gambatese was not present; therefore, he had no report.
 
PLANNING COMMISSION - Chairman Schlessel had no report; however, he stated that the Planning Commission will be meeting Thursday, April 4th at 7:30PM to discuss sub-lot issues at Eagle Point.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Lisa Marko stated the Korb Field Renovation Project will begin later this spring and be complete by the end of summer. The Korb Field Renovation Project will accommodate students who utilize the facility through classes and extracurricular activities. The project will also include the replacement of the scoreboard at the facility.
 
Ms. Marko encouraged everyone to stay informed about South Euclid Lyndhurst Schools by becoming Key Communicator Members.
 
Ms. Marko congratulated The Brush Symphonic Band and Brush Wind Ensemble for receiving a Superior Rating at the Ohio Music Education Association Large Group Adjudicated Event.
 
Ms. Marko aired dates for The Brush musical, Once on This Island, on April 12th, 13th and 14th at the Brush Performing Arts Center and the next Board of Education Meeting will be held April 23rd.
 
SPECIAL PRESENTATION - Dr. Donald Spaner, Medical Control Officer and Karen Shelby EMS Manager from Hillcrest Hospital presented Lyndhurst Fire Department a Certificate for Clinical Excellence.
 
Mr. Ward thanked Dr. Spaner and Ms. Shelby for attending the meeting.
 
Mr. Ward congratulated the firemen who came in first place in the American Lung Terminal Tower Fight for Air Climb.
 
The meeting was opened to public comment:
 
Elyzabeth DeGiovanni, 5169 Thornbury, praised the firemen for the wonderful work they do. Ms. DeGiovanni inquired what reciprocity we have with South Euclid regarding the pool.
 
Mr. Ward explained we share equal reciprocity with them.
 
Ms. DeGiovanni asked for clarification on the definition of "certain individuals" that Ordinance 2013-13 refers to.
 
Mr. Ward explained "certain individuals" are persons less than eighteen (18) years of age.
 
E. Dale Inkley, 5126 East Farnhurst, stated Wednesday, April 3rd at 7:00PM The Ohio Division of Wildlife and The Highland Heights Green Task Force will hold a meeting regarding deer overpopulation at the Highland Heights Community Center.
 
Richard Clark, 5347 Chickadee Lane, inquired what the rules of conduct are at Council Meetings during the public comment section.
Mr. Ward explained all comments are addressed to the Chair and the Chair decides who shall respond.
Mr. Clark asked if anyone can suppress the resident that is speaking.
Mr. Ward stated that suppression should come from the chair.
 
Tina Tricarichi, 5610 Chelmsford, thanked Council for Resolution 2013-17 regarding the removal of Lyndhurst name from the library.
 
Mr. Ward stated the Director of the library received a copy of Resolution 2013-17 and she will be forwarding a copy to the Board for further review.
 
Mr. Packard thanked the Fire and Police Departments for accommodating Cub Scout Pack 433 with a tour and demonstrations.
 
Mr. Ward stated that the Hillcrest Council of Councils breakfast meeting will be April 6th, 9:00AM at 700 Beta Drive.
 
Mr. Schlessel reminded Council that the Heights Regional Commerce Expo will be May 9th, 3:00PM until 7:00PM, 700 Beta Drive.
 
SECOND READING
ORDINANCE NO. 2013-12
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY REPEALING EXISTING SECTION 432.43, AND ENACTING NEW SECTION 432.43 PROHIBITING TEXTING WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Marko, that Ordinance No. 2013-12 be placed on second reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-12 is placed on second reading.
 
SECOND READING
ORDINANCE NO. 2013-13
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING SECTION 432.44 PROHIBITING THE USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICES BY CERTAIN INDIVIDUALS WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No. 2013-13 be placed on second reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-13 is placed on second reading.
 
FIRST READING
ORDINANCE NO. 2013-19
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 957.02 OF THE CODIFIED ORDINANCES REGARDING SWIMMING POOL ADMISSION FEES.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2013-19 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-19 is placed on first reading.
 
ORDINANCE NO: 2013-20
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 FIVE 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. 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. 2013-20 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-20 was highlighted by Mrs. Franco, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No. 2013-20 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-20 is passed.
 
ORDINANCE NO. 2013-21
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH DAN RAY CONSTRUCTION FOR THE BRAINARD ROAD PUMP STATION 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. 2013-21 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-21 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. 2013-21 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-21 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 8:35 P.M.

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 Meetings Convened in March 2013:

March 18, 2013: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, March 18, 2013, at 8:00 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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, March 4, 2013.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SERVICE & SEWERS COMMITTEE - PACKARD
 
SAFETY COMMITTEE - LoPRESTI
 
LEGISLATIVE COMMITTEE - FREY
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - GAMBATESE
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2013-11
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2013 REPEALING ORDINANCE NO. 2012-91 AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-12
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY REPEALING EXISTING SECTION 432.43, AND ENACTING NEW SECTION 432.43 PROHIBITING TEXTING WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-13
INTRODUCED BY: COUNCIL
 
AS A WHOLE AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING SECTION 432.44 PROHIBITING THE USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICES BY CERTAIN INDIVIDUALS WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2013-14
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ENVIRONMENTAL COVENANT WITH WXZ RETAIL GROUP/LYNDHURST, LLC AND THE OHIO ENVIRONMENTAL PROTECTION AGENCY TO SET OUT ACTIVITY AND USE LIMITATIONS ON THE PROPERTY KNOWN AS CUYAHOGA COUNTY PERMANENT PARCEL NUMBERS 712-21-012, 712-21-013, 712-21-014, AND 712-21-015, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-15
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.
 
RESOLUTION NO. 2013-16
INTRODUCED BY: ADMIN
 
A RESOLUTION STRONGLY OPPOSING THE PASSAGE OF HB 5 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.
 
RESOLUTION NO. 2013-17
INTRODUCED BY: COUNCILMAN LANE SCHLESSEL AND COUNCILMAN KEITH PACKARD
 
A RESOLUTION REQUESTING THE CUYAHOGA COUNTY PUBLIC LIBRARY TO REMOVE THE NAME OF THE CITY OF LYNDHURST FROM THE SOUTH EUCLID-LYNDHURST BRANCH LIBRARY.
 
ORDINANCE NO. 2013-18
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING TRANSFERS AND ADVANCES AND DECLARING AN EMERGENCY.
 
REQUEST AUTHORIZATION TO ADVERTISE FOR BIDS:
 
2013 Asphalt Program;
2013 Concrete Repair Program;
Reconstruction of Harwich Road and Professor 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
 
March 18, 2013: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, March 18, 2013 at 8:02 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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.
 
Absent:
Council Representative: C. A. LoPresti.
 
It was moved by Mr. Marko, seconded by Mr. Packard, that the reading of the minutes of the Regular Meeting of Council held Monday, March 4, 2013, 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. Gambatese abstaining.
 
MAYOR'S REPORT - Mayor Cicero stated the Contract with A&S Animal Control will provide more services at less cost thanks to the negotiating skills of the Finance Director. The Mayor also noted the City is going on record opposing HB 5 with Resolution 2013-16.
 
FINANCE COMMITTEE - Chairman Ward highlighted the following minutes:
"The Finance Committee met Thursday, February 28, 2013 at 6:30 PM. Present were members of Council, Mr. Frey, Mr. Gambatese (at 7:05pm), Mr. LoPresti, Mr. Marko, Mr. Packard, Mr. Schlessel and Mr. Ward. Also present were Finance Director Mary Kovalchik and Mayor Cicero along with two members of the public. 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 in advance of the meeting for their careful evaluation in preparation for this session and many questions had been posed prior to the meeting.
 
"The Committee's discussion began with 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 Dated February 4, 2013 (pink) 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 relamping and chair replacement which are also before the Committee for consideration.
 
"Every Department stepped up, once again, to reduce the list of items needed to what is absolutely necessary to provide for smooth operations. Chairman Ward advised the Committee that, in a discussion with Mayor Cicero and Chief Porrello, the Police Department is extending the automobile rotation by six months which will eliminate the need to fund that item this year which will defer $91,600 in expense. He also clarified the need for the community center requests. The following total amounts have been approved:
 
 
 
AMOUNT
 
MOVED
 
2ND
 
VOTE
Police Department requests
 
$168,204
 
Packard
 
Schlessel
 
7-0
Fire Department requests
 
$78,500
 
Marko
 
Frey
 
7-0
Building Department Requests
 
$0,000
 
 
 
 
 
 
Lyndhurst Municipal Court requests
 
$220,000
 
Marko
 
Schlessel
 
7-0
Public Lands & Bldg. Requests
 
$153,744
 
Schlessel
 
Marko
 
7-0
Community Center Requests
 
$7,800
 
Marko
 
LoPresti
 
7-0
Finance Department requests
 
$8,755
 
Marko
 
Frey
 
7-0
Service Department requests
 
$344,800
 
Frey
 
Packard
 
7-0
Street Improvement requests
 
$1,380,000
 
Marko
 
Schlessel
 
7-0
Storm Sewer requests
 
$145,000
 
Schlessel
 
Packard
 
7-0
Sanitary Sewer requests
 
$910,000
 
Schlessel
 
Marko
 
7-0
Technology Upgrades
 
$24,950
 
Frey
 
LoPresti
 
7-0
Miscellaneous Engineering requests
 
$178,000
 
Marko
 
Frey
 
7-0
 
TOTAL ALL REQUESTS
 
$3,619,753
 
 
 
 
 
 

 
"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.
"Chairman Ward then turned the Committee's discussion to the consideration of General Fund Expense items opening with the following statement:
"It is no secret that we have spent the past 6 months or so intently reviewing our programs both in public meetings and in Council and Administrative reviews of how services are rendered to our residents.
"There is not one of us who has not heard from our residents that "we pay high taxes here" which is an accurate statement but they are generally referencing the property tax bills we all receive. I do need to remind everyone that for every $1 in property tax we pay our City only receives around 14 cents to help us provide all of the services our residents expect us to provide and they expect us to provide those services in the highest quality manner possible. While property tax is not our only source of revenue it is absolutely the first place our residents point when we are talking taxes.
 
"Over the past six months I have asked my colleagues to look critically at our services and determine if there are any facets of our operations that we have not looked at thoroughly or any areas that need closer review. This is far from the first time we have done this and we learn something every time. The result of this exercise has yielded some benefit in dollars and much more in understanding exactly how much is at risk.
 
"You have all received the analysis provided by the Finance Director on our General and Capital Funds and it is clear, despite our continued efforts and diligence, every opportunity that we have taken advantage of is met with new challenges to rise to. It is also very clear that we are lucky to have done all of the things that we have done when we have done them and that our departments and our employees have worked with us in this effort. We would be having a very different conversation today if that were not the case.
 
"The cautions that the Finance Director has laid out for us are no different today than they were when she laid them out last year or the year before that and every year before that and they are no different than she spelled out for the previous Council way back in 2005. Fortunately, every year since then, this Council has worked cooperatively with the Administration to make needed changes in operations in order to protect the services that we have defined as important for our residents and our community. So, the pressure is not off, we still have work to do.
 
"I want to start off by again thanking each of you who have taken on the responsibility of delving deeper into the various functions affected by our departments. Certainly, if we are going to start anywhere, it must be with a clear understanding of what our people do before we can clearly analyze how they do it. With that understanding we can place a priority and a value on that aspect of our services to assure Council's expectations - which should mirror our residents' expectations - are being met. Without that understanding we cannot effectively weight our budget decisions."
 
"The Committee's attention was then directed, as always has been done, 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. Mr. Frey noted the Administration and Departments have done a tremendous job living within the limited resources the City has available returning significant money unspent at the end of each year. The total requested for 2013 is 1.0% more than the 2012 approved amounts and if every dollar is expended- which it will not be - would total 10% over last year's actual expense.
 
"The Committee then began a review, by Department, of the line-item General Fund Budget requests. The Committee considered funding the operations of the City as follows:
 
 
 
 
 
MOTION
 
SECOND
 
VOTE
Police Department
 
$4,189,594
 
Marko
 
Packard
 
7-0
Fire Department
 
$2,883,238
 
Packard
 
Frey
 
7-0
Public Health
 
$53,764
 
LoPresti
 
Frey
 
7-0
Planning Commission
 
$12,527
 
Frey
 
Schlessel
 
7-0
Board of Zoning
 
$12,736
 
Frey
 
Schlessel
 
7-0
Architectural Board
 
7,522
 
Frey
 
Schlessel
 
7-0
Building Department
 
$474,134
 
Frey
 
Packard
 
7-0
Parks
 
205,663
 
Packard
 
Marko
 
7-0
Brainard SprayPark
 
$66,575
 
Packard
 
LoPresti
 
7-0
Lyndhurst Pool
 
$287,376
 
LoPresti
 
Packard
 
7-0
Recreation Events
 
$17,000
 
Marko
 
LoPresti
 
7-0
Community Partnership on Aging
 
$154,465
 
Schlessel
 
Packard
 
7-0
Refuse Collection
 
$669,711
 
Frey
 
Packard
 
7-0
Recycling
 
$259,781
 
Schlessel
 
Marko
 
7-0
Leaves
 
$159,442
 
Schlessel
 
Marko
 
7-0
Trees
 
252,893
 
Schlessel
 
Marko
 
7-0
Mayor
 
$211,288
 
Marko
 
Packard
 
7-0
Income Tax Administration
 
235,333
 
Marko
 
Packard
 
7-0
Finance Department
 
$428,336
 
Packard
 
LoPresti
 
7-0
Law Department
 
$171,975
 
Schlessel
 
Packard
 
7-0
Service Department
 
$522,585
 
Frey
 
Packard
 
7-0
Civil Service Commission
 
46,934
 
Packard
 
LoPresti
 
7-0
Council
 
$133,906
 
Schlessel
 
Gambatese
 
7-0
Municipal Court
 
1,165,205
 
Marko
 
Packard
 
7-0
General Administrative
 
$408,502
 
Marko
 
LoPresti
 
7-0
Lands & Buildings
 
523,643
 
Packard
 
Marko
 
7-0
Statutory
 
285,425
 
Frey
 
LoPresti
 
7-0
Transfers
 
$975,325
 
LoPresti
 
Packard
 
7-0
Transfers
 
975,325
 
LoPresti
 
Packard
 
7-0
Engineering
 
$40,600
 
LoPresti
 
Packard
 
7-0

 
For a total GENERAL FUND amount of $14,860,476. "which will leave a balance, if every appropriated dollar is expended, of $1,576,903 at the end of the year.
 
"A motion was made by Mr. LoPresti, seconded by Mr. Packard that the General Fund appropriations in the amount of $14,860,476 be approved. A Voice vote was taken with members voting, in the same manner they had voted for every category of General Fund expense, YES.
 
"Other Funds are budgeted as follows:
 
Special Revenue Funds
 
$ 1,143,842
Debt Service Fund
 
$ 2,236,794
Special Assessment Funds
 
$ 1,755,641
Trust & Agency Funds
 
$ 2,110,025
Capital Improvement Funds
 
$ 2,443,503

 
"It was moved by Mr. Packard, seconded by Mr. LoPresti the amounts recommended for Special Revenue, Assessment, Debt Service, Trust & Agency and Capital Improvement Funds be approved. All members voted yes.
 
"The City also administers several Court Funds which have appropriations as follows:
 
Court Probation Services
 
$32,422
Court Special Projects
 
$373,659
Court Special Projects IDIAM
 
$11,000
Court Computer Fund
 
$249,127
DUI-Indigent
 
$40,000
Law Enforcement Fund
 
$30,000

 
"It was moved by Mr. Marko, seconded by Mr. Schlessel that the expenditures outlined for the various Court Funds be approved as presented. The question passed unanimously.
 
"The Grand Total of all Funds is $25,464,487
 
"With no further business to discuss it was moved by Packard, seconded by Mr. LoPresti that the meeting be adjourned. The meeting adjourned at 8:51 p.m."
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
 
ROADS AND UTILITIES COMMITTEE
 
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
SAFETY COMMITTEE - Chairman LoPresti was not present; therefore, he had no report.
 
LEGISLATIVE COMMITTEE - Chairman Frey had no report.
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - Chairman Gambatese had no report.
 
PLANNING COMMISSION - Chairman Schlessel had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - No representative was present.
 
The meeting was opened to public comment:
 
E. Dale Inkley, 5126 East Farnhurst, stated Wednesday, April 3rd at 7:00PM
The Ohio Division of Wildlife, co-sponsored by Friends of Euclid Creek will hold a meeting regarding deer overpopulation at the Highland Heights Community Center.
 
Mr. Schlessel reminded Council that the Heights Regional Commerce Expo will be May 9th, 3:00PM until 7:00PM, 700 Beta Drive.
 
Mr. Ward stated that the Cuyahoga Library will be hosting a meeting Thursday, March 28th at the Lyndhurst Community Center to discuss design ideas for the new library branch. Hillcrest Council of Councils spring meeting will be April 6th, 9:00AM at 700 Beta Drive.
 
ORDINANCE NO. 2013-11
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2013 REPEALING ORDINANCE NO. 2012-91 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. 2013-11 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-11 was highlighted by Mrs. Franco, with Section 11 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Marko, that Ordinance No. 2013-11 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-11 is passed.
 
FIRST READING
ORDINANCE NO. 2013-12
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY REPEALING EXISTING SECTION 432.43, AND ENACTING NEW SECTION 432.43 PROHIBITING TEXTING WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2013-12 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-12 is placed on first reading.
 
FIRST READING
ORDINANCE NO. 2013-13
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING SECTION 432.44 PROHIBITING THE USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICES BY CERTAIN INDIVIDUALS WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Packard, that Ordinance No. 2013-13 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, Ward.
Nays: None.
 
Mr. Ward stated that this Ordinance will be forwarded to Safety Committee for further discussion.
 
Motion carried.
Ordinance No. 2013-13 is placed on first reading.
 
RESOLUTION NO. 2013-14
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ENVIRONMENTAL COVENANT WITH WXZ RETAIL GROUP/LYNDHURST, LLC AND THE OHIO ENVIRONMENTAL PROTECTION AGENCY TO SET OUT ACTIVITY AND USE LIMITATIONS ON THE PROPERTY KNOWN AS CUYAHOGA COUNTY PERMANENT PARCEL NUMBERS 712-21-012, 712-21-013, 712-21-014, AND 712-21-015, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Frey, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2013-14 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Resolution No. 2013-14 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. 2013-14 be adopted.
 
Roll Call: Yeas: Marko, Packard, Gambatese, Schlessel, Frey, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2013-14 is adopted.
 
Mayor Cicero said this should be the final document required to complete this transaction.
 
ORDINANCE NO. 2013-15
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. 2013-15 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-15 was highlighted by Mrs. Franco, with Section 5 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2013-15 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-15 is passed.
 
RESOLUTION NO. 2013-16
INTRODUCED BY: ADMIN
 
A RESOLUTION STRONGLY OPPOSING THE PASSAGE OF HB 5 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. 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. 2013-16 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Resolution No. 2013-16 was highlighted by Mrs. Franco, with Section 7 being read in its entirety.
 
It was moved by Mr. Packard, seconded by Mr. Schlessel, that Resolution No. 2013-16 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2013-16 is adopted.
 
Mr. Ward stated that local government funds are under attack. Mr. Ward said he feels that monies sent to Columbus need to come back to the City to allow us to directly service our schools and residents.
 
RESOLUTION NO. 2013-17
INTRODUCED BY: COUNCILMAN LANE SCHLESSEL AND COUNCILMAN KEITH PACKARD
 
A RESOLUTION REQUESTING THE CUYAHOGA COUNTY PUBLIC LIBRARY TO REMOVE THE NAME OF THE CITY OF LYNDHURST FROM THE SOUTH EUCLID-LYNDHURST BRANCH LIBRARY.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2013-17 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Resolution No. 2013-17 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
 
It was moved by Mr. Packard, seconded by Mr. Schlessel, that Resolution No. 2013-17 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2013-17 is adopted.
 
ORDINANCE NO. 2013-18
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING TRANSFERS 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. 2013-18 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-18 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. 2013-18 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, Ward.
Nays: None.
 
Motion carried.
 
Ordinance No. 2013-18 is passed.
 
It was moved by Mr. Marko, seconded by Mr. Packard, 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.
 
It was moved by Mr. Marko, seconded by Mr. Packard, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:26 P.M.

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March 4, 2013: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, March 4, 2013, at 8:00 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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, February 18, 2013.
 
Approve Minutes of the Special Meeting of Council held Monday, February 18, 2013.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SERVICE & SEWERS COMMITTEE - PACKARD
 
SAFETY COMMITTEE - LoPRESTI
 
LEGISLATIVE COMMITTEE - FREY
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - GAMBATESE
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
 
Requests for additions to the Agenda:
 
Public Comment:
 
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.
 
March 4, 2013: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, March 4, 2013 at 8:07 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; M. A. Franco, Assistant Clerk of Council.
 
Absent:
Council Representative: J. A. Gambatese; 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; 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, February 18, 2013, 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 Monday, February 18, 2013, 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 stated the committee met on February 28th he will give a full report next Council Meeting.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report; however, he stated the committee met prior to the Council Meeting and minutes will be forthcoming.
 
ROADS AND UTILITIES COMMITTEE
 
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
LEGISLATIVE COMMITTEE - Chairman Frey had no report.
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - Chairman Gambatese was not present; therefore, he had no report.
 
PLANNING COMMISSION - Chairman Schlessel had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Alfreda Wynne announced that the strategic planning process is continuing and invitations have been sent to join the action teams. Ohio Graduation Testing will take place March 11th through March 15th; schools will be on an adjusted schedule. Ms. Wynne said the first Prom Fashion Show held March 1st was a great success. Ms. Wynne thanked the Mayor and Council for donating two (2) pool passes. Ms. Wynne stated on February 28th community members read to Rowland Elementary and Brush High School students in celebration of Black History Month. Ms. Wynne said students at Sunview Elementary School raised over four thousand dollars ($4,000.00) for Saint Jude's Hospital while participating in a Math-a-Thon in honor of Devante Burns. Ms. Wynne aired the following upcoming events; March 6th Brush Boys Basketball will play their third round in the semi-finals, March 8th Sunview Elementary will be hosting their African American Living Wax Museum, from 1:20PM until 2:45PM, March 16th is the Brown and Gold Event at the Lyndhurst Community Center and March 25th through April 2 is Spring Break no school. Ms. Wynne introduced Amir Adris, 8th grade student at Memorial Junior High School and Kelcey Athcinson, 2011 graduate of Brush High School.
 
Mr. Ward informed Ms. Wynne that 3 members of Council have joined the Strategic Planning committee.
 
Amir Adris and Kelcey Athcinson spoke of their experiences within the South Euclid Lyndhurst School District.
 
The meeting was opened to public comment:
 
Chuck Liebenauer, 5113 East Farnhurst, expressed his concern about the deer population and asked Council to address the issue.
 
E. Dale Inkley, 5126 East Farnhurst, said Lyndhurst needs area wide control for deer and should consider allowing bow hunters. Mr. Inkley stated there is a Planning Meeting for Acacia at the Lyndhurst Community Center Tuesday, March 5th at 6:30PM.
 
Mr. Ward explained Lyndhurst's past deer culling experiences.
 
Mr. Schlessel stated he and the Mayor have discussed with the Metroparks options for deer control and are hoping Acacia will be participating in the deer culling program.
 
Richard Clark, 5347 Chickadee Lane, voiced his concern over the deer population.
 
Elizabeth DeGiovanni, 5169 Thornbury, stated she also has many deer in her yard.
 
Mr. Schlessel reminded Council that the Heights Regional Commerce Expo will be May 9th, 3:00PM until 7:00PM, 700 Beta Drive.
 
It was moved by Mr. Frey, seconded by Mr. LoPresti, 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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 Meetings Convened in February 2013:

February 18, 2013: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, February 18, 2013, at 8:00 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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, February 4, 2013.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SERVICE & SEWERS COMMITTEE - PACKARD
 
SAFETY COMMITTEE - LoPRESTI
 
LEGISLATIVE COMMITTEE - FREY
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - GAMBATESE
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2013-7
INTRODUCED BY: ADMIN
 
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $1,200,000 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. 2013-8
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH ROBINSON PIPE SERVICES, INC., FOR THE 2012 SEWER REHABILITATION PROGRAM AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-9
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH A COUNCIL OF GOVERNMENTS COMPOSED OF THE CITIES OF SOUTH EUCLID, HIGHLAND HEIGHTS, LYNDHURST AND MAYFIELD HEIGHTS, AND THE VILLAGE OF MAYFIELD, PROVIDING FOR THE CONTINUATION OF THE COMMUNITY PARTNERSHIP ON AGING, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-10
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.
 
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.
 
February 18, 2013: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, February 18, 2013 at 8:09 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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. Frey, seconded by Mr. Packard, that the reading of the minutes of the Regular Meeting of Council held Monday, February 4, 2013, 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 will be a Finance Committee Meeting February 28th at 7:00PM.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report; however, he stated there will be Public Lands and Buildings Committee Meeting March 4th at 7:00PM.
 
ROADS AND UTILITIES COMMITTEE
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report; however, he stated there will be a Safety Committee Meeting February 25th at 7:00PM.
 
LEGISLATIVE COMMITTEE - Chairman Frey had no report.
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - Chairman Gambatese handed Mr. Ward a list of Links of Performance Audits in the state. Mr. Gambatese stated all information requested by Mr. Ward can be found on the websites. Mr. Ward said costs of performance audits cannot be obtained on these websites. Mr. Ward stated that more research regarding performance audits will be required in the coming months after the budget is complete.
 
PLANNING COMMISSION - Chairman Schlessel had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - No representative was present.
 
The meeting was opened to public comment:
 
Edward Klimas, 4893 South Sedgewick, thanked Council for hosting the library meeting and voiced his concern regarding the library's new facility.
 
Richard Clark, 5347 Chickadee Lane, said he feels a committee should be formed regarding the library. Mr. Clark stated he does not want tax dollars going toward a private development if the Telling Mansion is sold. Mr. Clark spoke of an article in the February 7th newspaper regarding the "windfall" Lyndhurst received. Mr. Clark asked when and what officials knew the money was owed to the City.
 
Jeff Price, 5372 Chickadee, asked for clarification between financial audits and performance audits. Mr. Price shared his knowledge of audits with Council.
 
E. Dale Inkley, 5126 East Farnhurst, stated Euclid Creek may be requesting to have its first Tuesday of the month meeting at the community center.
 
Marge Cirillo, 5173 Graham, noted that Mayor Cicero was not in attendance at the library meeting.
 
Fran Mentch, 3060 Chelsea, Cleveland Heights, thanked Council for hosting the library meeting. Ms. Mentch voiced her concern of the proposed library's move, facility and location.
 
Katherine Schaefer, 1172 South Belvoir, South Euclid, asked that Council use their influence to speak to the library board regarding the proposed moved.
 
Tina Tricarichi, 5610 Chelmsford, stated that she received an email from the Restoration Society stating that the Telling Mansion is a sound structure. Ms. Tricarichi asked when Council found out about the move and what Council did about it.
 
Mr. Ward stated Council found out several months ago and comments were made at a public Council Meeting.
 
Linda Pagon, 684 Parkside, South Euclid, thanked Council for hosting the library meeting. Ms. Pagon voiced her concern regarding the process the library used to decide the fate of the Mayfield and South Euclid-Lyndhurst library. Ms. Pagon also discussed the lack of information the library provided to the public regarding the proposed move.
 
Sonny Simon, 4110 Princeton, South Euclid, thanked Council for hosting the library meeting. Ms. Simon stated she will be hosting a meeting next month regarding possible private donations and grants for the preservation of the Telling Mansion.
 
Mr. Ward addressed the comment made by Mr. Clark regarding the "windfall".
Mr. Ward stated that he does not care for the term "windfall" and informed Mr. Clark that the Finance Director informed the Mayor and himself as soon as she learned of the potential monies from the estate tax. Mr. Ward further stated that until the money was in hand the City could not count on it.
 
ORDINANCE NO. 2013-7
INTRODUCED BY: ADMIN
 
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $1,200,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING STREETS BY RESURFACING, PAVING WITH CONCRETE AND MAKING OTHER IMPROVEMENTS AS DESIGNATED IN THE PLANS APPROVED OR TO BE APPROVED BY COUNCIL, AND DECLARING AN EMERGENCY.
 
It was noted that the Fiscal Officer's Certificate had been distributed to all Members of Council.
 
It was moved by Mr. 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. 2013-7 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-7 was highlighted by Mrs. Franco, with Section 16 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No. 2013-7 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-7 is passed.
 
ORDINANCE NO. 2013-8
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH ROBINSON PIPE SERVICES, INC., FOR THE 2012 SEWER REHABILITATION 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. 2013-8 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-8 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. 2013-8 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-8 is passed.
 
ORDINANCE NO. 2013-9
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH A COUNCIL OF GOVERNMENTS COMPOSED OF THE CITIES OF SOUTH EUCLID, HIGHLAND HEIGHTS, LYNDHURST AND MAYFIELD HEIGHTS, AND THE VILLAGE OF MAYFIELD, PROVIDING FOR THE CONTINUATION OF THE COMMUNITY PARTNERSHIP ON AGING, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Marko, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-9 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-9 was highlighted by Mrs. Franco, with Section 5 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2013-9 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-9 is passed.
 
ORDINANCE NO. 2013-10
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. 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. 2013-10 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-10 was highlighted by Mrs. Franco, with Section 5 being read in its entirety.
 
It was moved by Mr. Frey, seconded by Mr. Packard, that Ordinance No. 2013-10 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-10 is passed.
 
It was moved by Mr. Frey, seconded by Mr. Schlessel, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:59 P.M.

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February 4, 2013: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, February 4, 2013, at 8:00 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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, January 21, 2013.
 
Approve Minutes of the Special Meeting of Council held Monday, January 21, 2013.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SERVICE & SEWERS COMMITTEE - PACKARD
 
SAFETY COMMITTEE - LoPRESTI
 
LEGISLATIVE COMMITTEE - FREY
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2013-5
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH UTILICON CORPORATION FOR THE 2012 SEWER REPAIR RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2013-6
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO PREPARE, EXECUTE AND SUBMIT AN APPLICATION FOR SAFE ROUTES TO SCHOOLS PROJECT FUNDS, TO ACCEPT SAID FUNDS IF AWARDED, AND TO MAINTAIN THE PROJECT WHEN COMPLETED, AND DECLARING A SAFETY EMERGENCY IN ORDER TO MEET THE GRANT APPLICATION DEADLINE.
 
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.
 
February 4, 2013: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, February 4, 2013 at 8:02 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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. Frey, seconded by Mr. Schlessel, that the reading of the minutes of the Regular Meeting of Council held Monday, January 21, 2013, 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 Monday, January 21, 2013, 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 will be a Finance Committee Meeting the last week of the month, date to be determined.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko read his minutes into the record:
 
"The Public Lands & Buildings Committee met on Monday, January 28, 2013 in the conference room at Lyndhurst Municipal Center. Present at the meeting were members of the committee Councilmen Marko, Packard and Frey (arrive 7:00 pm). Also present other members of council, Finance Director Mary Kovalchik. The purpose of the meeting was to discuss Capital expenditures for 2013.
 
"The meeting was called to order at 6:30PM with the first area of discussion being the with the City's public lands and buildings department, followed by Finance, Building, Community Center, Technology and the Lyndhurst Municipal Courts requests.
 
Public Lands & Buildings:
"It was moved by Mr. Packard and second by Mr. Marko that the following items be approved pending the availability of funds. The motion was put to a vote and passed unanimously.
 
1.
 
Replace Stone- front of city hall fire station
 
$100,000
2.
 
Annual roof maintenance (flat roof N. service garage)
 
$ 15,000
3.
 
Prepare plans and specs for replacement generator.
 
$4,000
5.
 
Paint and ceiling tile replacement - various
 
$5,000
 
Total Approved
 
 
 
$128,000

 
The following items were put on hold for additional feedback:
 
6.
 
Upgrade various areas in energy efficient lamps
 
$13,903
7.
 
Controller replacement for AHU.
 
$11,841
8.
 
Remodel Mayors Conference room
 
$43,016

 
Finance:
"It was moved by Mr. Packard and second by Mr. Marko that the following items be approved pending the availability of funds. The motion was put to a vote and passed unanimously.
 
1.
 
Identiphoto System (across all departments)
 
$2,755
2.
 
Records Storage (mandated ORC) continuous
 
$3,500
3.
 
Storage, server & Finance Offices
 
$2,500
 
Grand total Finance Department
 
 
 
$8,755

 
Technology:
"It was moved by Mr. Packard and second by Mr. Marko that the following items be approved pending the availability of funds. The motion was put to a vote and passed unanimously.
 
1.
 
Replace 6 computers
 
$9,150
2.
 
Sentry file server & labor
 
$1,500
3.
 
SQL server & labor
 
$6,300
4.
 
Web content filter
 
$7,000
5.
 
Upgrades to super server
 
$1,000
 
Total
 
 
 
$24,950

 
Community Center:
"The following items were put on hold for additional feedback:
 
1.
 
Relamp entire building
 
$3,500
2.
 
Replace (6-10) office chairs
 
$1,300
3.
 
Replace (4-6) hand dryers
 
$3,000
 
Total
 
 
 
$7,800

 
Lyndhurst Municipal Court:
"It was moved by Mr. Marko and second by Mr. Packard that the following court items be approved pending the availability of funds with either the Court special projects fund or the court computer fund fully funding each request. There would be no shared cost with the City. The motion was put to vote and passed unanimously.
 
1.
 
New Court facility
 
 
2.
 
Court Annex restroom renovation
 
$30,000
 
 
No shared cost w/city Court Spec Projects
 
 
3.
 
Clerk's Office Renovation
 
$75,000
 
 
Court Spec Projects/Computer fund 50/50
 
 
4.
 
Kitchen and Bathroom sink
 
$5,000
 
 
No shared cost w/city Court Spec Projects
 
 
5.
 
New Window in Closet for Civil Division
 
$20,000
 
 
No shared cost w/city Court Spec Projects
 
 
6.
 
Digital Recording Equipment
 
$25,000
 
 
Court Computer Fund
 
 
7.
 
Audio/ Speaker System at Front Window
 
$5,000
 
 
Court Computer Fund
 
 
8.
 
Website Enhancement
 
$25,000
 
 
Court Computer Fund
 
 
9.
 
Imaging Software and Components
 
$35,000
 
 
Court Computer Fund
 
 
 
Grand Total Court
 
 
 
$220,000

 
Note:
"All of the funding for the court projects will be funded by the Court Special Projects Fund and/or the Court Computer Fund. These funds are funded by an assessment on each case that is adjudicated by the court."
 
ROADS AND UTILITIES COMMITTEE
 
SERVICE AND SEWERS COMMITTEE - Chairman Packard read his minutes into the record:
 
"Committee Members Present: Keith C. Packard, Chair; David Frey; Chuck LoPresti; Joe Marko; Lane Schlessel; Patrick Ward
Committee Members Absent: Joseph Gambatese
Additional Attendees: Rick Glady, Service Director; Jeff Filarski, City Engineer; Mary Kovalchik, Finance Director, 2 Lyndhurst Residents.
 
"On Monday, January 28, 2013, a joint meeting of the Roads & Utilities Committee and the Service & Sewers Committee was held in the Mayor's Conference Room. Chairman Packard opened the Roads & Utilities Committee at 7:16pm following the Public Lands & Buildings Meeting. The floor was turned over to City Engineer, Jeff Filarski. Mr. Filarski circulated a two-page report showing the last 12 years of program costs for the City's road program. On average, the City has spent just over $1.05 million annually since 2001 on asphalt and concrete work throughout the City. Some discussion was held regarding the differences in cost between asphalt and concrete. Mr. Filarski pointed out that the concrete cost per square yard has remained fairly stable over the last 12 years as the asphalt costs have fluctuated due to oil prices. It was noted by Mr. Ward that it's instrumental for Council to approve these projects early in the year to receive more competitive bids, which can save the City money.
 
"The next handout from the City Engineer was the suggested road program for 2013. Completing every item listed on the suggested program would cost over $3 million. Staying on plan with a more focused, and phased approach, Mr. Filarski suggested a subset of projects which showed projected costs of just over $1.3 million. Discussion began regarding the Professor Road project this year in conjunction with the City of South Euclid as well as other discussions regarding specific individual projects. Seeing no more discussion, it was motioned by Mr. Frey to approve the 2013 Lyndhurst Road Program's Suggested Program showing a projected cost of $1,350,000 pending the availability of funds. The motion was seconded by Mr. Schlessel.
 
Yeas: David Frey, Lane Schlessel, Keith C. Packard.
Nays: None.
 
Motion Passed.
Motion to adjourn Roads & Utilities Committee Meeting (David Frey)
 
Seconded by Lane Schlessel
Approved Unanimously (7:33pm)
 
"Chairman Packard opened the Service & Sewers Committee at 7:33pm. Again, the floor was turned over to the City Engineer, Jeff Filarski. Another handout was circulated to the Committee showing the Five Year Capital Improvement Program for Lyndhurst. As discussion began regarding storm sewers, sanitary sewers and the miscellaneous projects, Mr. Marko asked when the Brainard Road Pump Station would be completed. It was explained by Mr. Glady and Mr. Filarski that there were project delays, including super storm Sandy and most recently, the weather and that it should be completed very soon.
 
"According to the five year capital improvement program, it was recommended that $145,000 be appropriated for storm sewer projects, $910,000 for sanitary sewer projects (which it was noted that the 2012 cost was $851,000). Miscellaneous projects (including Ditch & Creek Maintenance, Emergency Repairs & Equipment Rentals, Sidewalk Program and other projects) totaled $208,000 for a grand total of $1,263,000. It was then brought up by Mr. Filarski that the item noted as Brainard Rd/Cedar Rd Intersection Traffic Signal Improvement (showing $10,000) is a joint project with Pepper Pike to enhance the Brainard/Cedar Road intersection. Mr. Filarski stated that Pepper Pike would burden more than half of this project's cost and that the $10,000 was our total financial responsibility. This led to discussion on potential future projects involving the Brainard Road overpass on I-271, the intersection of Cedar and Brainard Roads as well as other potential projects involving the interchange of I-271 and Cedar/Brainard Roads (all of which are NOT included in the 2013 road program). It was motioned by Chairman Packard that $1,263,000 be allocated for the Sewer & Service Department for storm and sanitary sewer projects and miscellaneous service projects pending the availability of funds. The motion was seconded by Mr. Ward.
 
Yeas: Chuck LoPresti, Patrick Ward, Keith C. Packard
Nays: None
 
Motion Passed
 
"At this point, the floor was turned over to Mr. Glady to discuss capital requests for our Service Department equipment. Mr. Glady discussed each item requested, noting that each item requested for replacement, has already been in service longer than the originally planned lifecycle, including changing the 10-year lifecycles to 12-year lifecycles for some equipment. Mr. Glady also noted that some of the items on the request are purchased through the state bidding program which saves us money in the long run, even if it may delay the timeline to actually receiving the equipment. The total amount of the Capital Equipment Request for 2013 is $344,800. Other discussion took place regarding the road salt supply and storage. In previous years, the Service Department requested that $20,000 be appropriated to repair the salt bin door on the north side of the garage. Mr. Glady discussed how the timing regarding salt delivery was important and when the repairs could take place. Seeing no further discussions, it was motioned by Chairman Packard that the Service Department's Capital Equipment Request for 2013 for $344,800 be approved pending the availability of funds. The motion was seconded by Mr. Ward."
 
Yeas: Chuck LoPresti, Patrick Ward, Keith C. Packard
Nays: None
 
Motion Passed
Motion to adjourn Service & Sewers Committee Meeting (Patrick Ward)
Seconded by Chuck LoPresti
Approved Unanimously (8:15pm)."
 
SAFETY COMMITTEE - Chairman LoPresti stated that the Safety Committee met prior to the Council Meeting this evening and minutes will be forthcoming.
 
LEGISLATIVE COMMITTEE - Chairman Frey had no report.
 
PLANNING COMMISSION - Chairman Schlessel had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Cassandra Jones reported Greenview Upper Elementary Sixth Grader, Rasaun Calhoun II, was recently selected as the First Place finisher in the sixth grade essay competition, entitled the 2013 Dr. Martin Luther King, Jr. Art, Writing & Multimedia Contest. Ms. Jones said February is National Digital Learning month. The schools are working with partners to increase access and quality to understanding the digital learning processes. Ms. Jones stated that the State Governor met with superintendents and reassured them that the schools will not lose anything further. Ms. Jones said that several events are scheduled; they are prepping for after prom, graduation, Founders Day is the 21st, Sunview Carnival on the 9th and Brown and Gold will be held Saturday, March 16th. Ms. Jones stated that School Board Meetings will be held at 6:00pm this year.
 
The meeting was opened to public comment:
 
Richard Clark, 5347 Chickadee Lane, stated that he really enjoyed the lively discussion at the meeting January 7th. Mr. Clark said he researched performance audits and feels that the City should consider it.
 
Elizabeth DeGiovanni, 5169 Thornbury, inquired how Ordinances are created. Ms. DeGiovanni expressed her concern with retire rehire policies and would like an Ordinance that would not allow that practice.
Mr. Ward explained the City only rehires retired individuals when it is a benefit to the City.
Mr. Gambatese said years ago there was on Ordinance that did not allow rehire.
Mr. Murphy stated the Ordinance has since been repealed.
 
E. Dale Inkley, 5126 East Farnhurst, commented on thinking out of the box. Mr. Inkley said he fully supports the editorial that was in the newspaper. Mr. Inkley stated that he queried a past mayor regarding the one million six hundred thousand dollars ($1,600,000.00) that the City received, and asked the past mayor if this money shows up without warning; the past Mayor said indeed it does. Mr. Inkley would like to see a way to tax more retirees. He further stated that he feels there is nothing wrong with retire rehire "double dipping".
 
Mr. Gambatese stated a resident heard a noise from a neighbor's home and he called the Police, the home was being burglarized within moments police arrived. Mr. Gambatese would like to recognize the fact that our residents look out for each other.
 
Mr. Gambatese read the following comment into the record:
 
"I have passed out to my fellow councilman information that I have received from the Auditor of the State office regarding the Performance Audit.
"I have been in contact with Dave Yost the Auditor of the State and his office and they sent this information for your review.
"Performance audits are formally defined by the General Accepted Government Auditing Standards as providing objective analysis so that management and those governance and oversight can use the information to improve the programs performance and operations, reduce costs, facilitate decision making by parties with the responsibility to oversee or initiate corrective action, and contribute to the public accountability.
"In the information there are clear benefits to a performance audit.
 
  • It would allow the city to have a document from an independent source verify that the city is running very efficient.
  • It would outline areas that the city may improve.
  • This would take the guess work out of he said or they said.
  • "I pressed the Auditor of the State on a specific percentage if they were not able to find a saving that the audit would be of no charge and the response from Dave Yost he stated "The guarantee is that if we don't find enough savings to pay for the audit, it's free. We won't include identified savings that are subject to collective bargaining; as such items may take more than a year to achieve.
     
    "I would ask the Finance Chairman that once the budget process is complete and in the next few months to schedule a meeting with the Auditor of State or member of his team to come in and do a presentation on the pros and cons of a Performance Audit. I would also recommend this be held at a town hall meeting so that the residents have an understanding of the impact of a Performance Audit."
     
    Mr. Ward asked Mr. Gambatese to present Council with five or six performance audits that have been performed for Cities and Municipalities of like size and makeup that includes testimonials, what they paid, and what value they found for that cost. Mr. Ward asked that Mr. Gambatese also inquire what pedigree of people would be performing the audit.
     
    ORDINANCE NO. 2013-5
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH UTILICON CORPORATION FOR THE 2012 SEWER REPAIR RESURFACING 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. 2013-5 be placed on third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2013-5 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. 2013-5 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2013-5 is passed.
     
    RESOLUTION NO. 2013-6
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO PREPARE, EXECUTE AND SUBMIT AN APPLICATION FOR SAFE ROUTES TO SCHOOLS PROJECT FUNDS, TO ACCEPT SAID FUNDS IF AWARDED, AND TO MAINTAIN THE PROJECT WHEN COMPLETED, AND DECLARING A SAFETY EMERGENCY IN ORDER TO MEET THE GRANT APPLICATION DEADLINE.
     
    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. 2013-6 be placed on third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Resolution No. 2013-6 was highlighted by Mrs. Franco, with Section 6 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Frey, that Resolution No. 2013-6 be adopted.
     
    Mr. Ward stated that the Mayor informed him that the City did receive the grant.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
    Nays: None.
     
    Motion carried.
    Resolution No. 2013-6 is adopted.
     
    It was moved by Mr. Frey, seconded by Mr. Gambatese, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:50 P.M.

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     Meetings Convened in January 2013:

    January 21, 2013: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, January 21, 2013, at 8:00 P.M., Vice Mayor Patrick A. Ward, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
     
    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, January 7, 2013.
     
    Approve Minutes of the Special Meeting of Council held Monday, January 7, 2013.
     
    Committee Reports: MAYOR'S REPORT - MAYOR CICERO
    Confirm appointment of Todd Mayher to the Board of Zoning Appeals
     
    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:
     
    Correspondence:
     
    Ohio Division of Liquor Control for a TREX Permit for Riser Foods Company dba Giant Eagle, 25105 Cedar 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.
     
    January 21, 2013: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst met in Regular Session on Monday, January 21, 2013 at 8:04 P.M., Vice Mayor Patrick A. Ward, presiding.
     
    Members Present:
    Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
     
    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. Schlessel, that the reading of the minutes of the Regular Meeting of Council held Monday, January 7, 2013, 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. Schlessel, that the reading of the minutes of the Special Meeting of Council held Monday, January 7, 2013, 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 requested confirmation of the appointment of Todd Mayher to the Board of Zoning Appeals.
     
    It was moved by Mr. Schlessel, seconded by Mr. Marko, that the appointment of Todd Mayher to the Board of Zoning Appeals be confirmed.
     
    Mayor Cicero stated that the City of Lyndhurst received a check in the amount of one million dollars ($1,000,000.00) in an estate tax settlement fund. Mayor Cicero asked Council to add Ordinance No. 2013-4 repealing Ordinance No. 2012-79 to the Agenda.
     
    FINANCE COMMITTEE - Chairman Ward had no report; however, he stated meetings will be held the first week of February with department heads regarding the budget, Mr. Ward said he will inform Council of the annual budget session after department meetings have taken place.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no formal report; however, Mr. Marko stated he will be scheduling a meeting January 28th at 6:30PM.
     
    ROADS AND UTILITIES COMMITTEE
     
    SERVICE AND SEWERS COMMITTEE - Chairman Packard had no formal report; however, Mr. Packard stated Road and Utilities and Service and Sewers Committees will be meeting jointly on Monday, January 28th at 7:00PM.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report.
     
    LEGISLATIVE COMMITTEE - Chairman Frey had no report.
     
    PLANNING COMMISSION - Chairman Schlessel had no report.
     
    SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - No representative was present.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance 2013-4 be added to the Agenda.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
    Nays: None.
     
    Motion Carried.
    Rules Suspended.
     
    The meeting was opened to public comment: There were no comments from the public.
     
    ORDINANCE NO. 2013-4
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE REPEALING ORDINANCE NO. 2012-79, ADOPTED JANUARY 7, 2013.
     
    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. 2013-4 be placed on third reading for final passage and that it be read in its entirety.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
     
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Ordinance No. 2013-4 was read in its entirety by Mrs. Franco.
     
    It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No.2013-4 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2013-4 is passed.
     
    Correspondence from the Ohio Division of Liquor Control for a TREX Permit for Riser Foods Company dba Giant Eagle, 25105 Cedar Road was noted with no hearing being requested.
     
    It was moved by Mr. Frey, seconded by Mr. Schlessel, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 8:12 P.M.

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    January 7, 2013: City Council
    AGENDA:

     
    REGULAR MEETING of the Council of the City of Lyndhurst, Monday, January 7, 2013, 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:
     
    Elections:
     
    Vice Mayor for the year 2013.
     
    Council's representative to the Planning Commission for 2013 (automatically becomes Representative to City Architectural Board of Review).
     
    Minutes:
     
    Approve Minutes of the Regular Meeting of Council held Monday, December 3, 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. 2013-1
    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. 2013-2
    INTRODUCED BY: ADMIN
     
    A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO TOM MILANICH FOR LONG AND FAITHFUL SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO
     
    RESOLUTION NO. 2013-3
    INTRODUCED BY: ADMIN
     
    A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO FRANK KOSS FOR LONG AND FAITHFUL SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO.
     
    Confirm decision of the Board of Zoning Appeals:
     
    Case No. 2012-06
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2012-06 to grant requested variance to Tom McFiggin for and with the residents of Lyndhurst Park Estates, for a variance from Chapter 1329.02 of the Planning and Zoning Code to erect an eight foot high stockade rear boundary fence. The fence would include parties at 4947, 4935, 4955, 4963, 4965, 4967, and 4971 Countryside Road, which abuts the YMCA property. This would exceed the six foot in height above natural grade that is allowed.
     
    Case No. 2012-07
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2012-7 to grant requested variance to Old Carolina BBQ, located at 5100 Mayfield Road for a variance from Chapter 1170.09(a)(1) of the Planning and Zoning Code for two additional monument signs. This would exceed the one monument sign permitted for commercial identification in the Community Business District. The Crossroads currently has two monument signs which are shared by all businesses within the shopping plaza.
     
    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. 2012-79
    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.
     
    January 7, 2013: City Council
    MINUTES:

     
    The Council of the City of Lyndhurst held its Organizational Meeting on Monday, January 7, 2013 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.
     
    The floor was opened to nominations for the position of Vice Mayor for the year 2013.
     
    It was moved by Mr. Schlessel, seconded by Mr. Packard, that Patrick A. Ward be nominated as Vice Mayor for the 2013 calendar year.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried. Mr. Ward is elected Vice Mayor for the year 2013.
     
    It was moved by Mr. Ward, seconded by Mr. Packard, that Lane A. Schlessel be nominated as Council's Representative to the Planning Commission and to the Architectural Board of Review for the 2013 calendar year.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Mr. Schlessel is elected as Council's Representative to the Planning Commission and Architectural Board of Review.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that the reading of the minutes of the Regular Meeting of Council held Monday, December 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.
     
    MAYOR'S REPORT - Mayor Cicero had no report.
     
    FINANCE COMMITTEE - Chairman Ward read his minutes into the record:
     
    "The Finance Committee met Monday, December 17, 2012 at 6:00 p.m. Present were Council members Frey, LoPresti, Marko, Packard, Schlessel and Ward. Also present were, Mayor Cicero, Finance Director Kovalchik and Chief Carroll. 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 meeting with a description of Committee members' activities since the last Council meeting. As had been stated at that Council meeting of December 3rd Chairman Ward had once again reached out to all members of the Committee, individually, as to their questions or suggestions on potential program cuts to meet all or part of the $1.6 million budget hole the City is facing largely due to state funding cuts and elimination of estate tax. Committee members, who had peppered the Finance Director, Department Heads and the Chairman with questions, volunteered to pair up in order to provide a more focused review of Departmental operations in order to identify the impact of suggested cuts, look at operations to find other services that might be cut and so on.
     
    "Mr. Ward complimented those Committee members who had shouldered this important undertaking as well as the Departments that had provided them needed information. The task was to look at things from Council's understanding of the services provided, who would be impacted by any changes to those services and then what cuts to those specific services Council would see acceptable. The review of the services and the clear understanding of the services is the only foundation for any discussion of funding as Council provides the ultimate decision on the both the services to its residents and the funding necessary to provide those services.
     
    "Mr. LoPresti had paired with Mr. Schlessel to review Police operations and with Mr. Marko to review Fire. Mr. LoPresti offered that both departments have been operating at minimum staffing levels for some time. Fire has changed uniforms, delayed re-hires, operated willingly below the minimum staffing levels provided by contract, managed overtime, deferred large capital purchases (one year actually at ZERO), reduced education costs by doing more in-house and on-shift, applied for many grants and have looked for a "regional approach" to services. The Police Department has managed with injuries and illness, are down 3 full-time positions, reduced 1 rank (with 1 less lieutenant position to allow for 1additional sergeant position in changes recommended by Council some time ago), have been operating with only 3 members in the Detective Bureau, 1 less school resource officer fewer clerks and so on. Mr. Marko and Mr. Schlesssel added their perspectives to the discussion highlighting some of the impacts that might be suffered with further cuts; delays in critical emergency services, potential loss in revenue from billable services, increased potential for employee risk and injury and the potential inability to respond to residents' needs. The necessary level of response, even to traffic stops, was also discussed as very often it is necessary to have multiple units responding to a stop or to a call.
     
    "Mr. Frey and Mr. Packard had reviewed operations in the Service, Building and Finance Departments and noted the reductions in personnel in each. The Building Department operates with 2 inspectors, 1 clerk and the Commissioner to handle all permits, inspections, rental property registrations and renewals, the sidewalk program, grass and nuisance notifications, grant administration as well as the support of the City Planning, Board of Zoning and Architectural Boards among other things. No part-time help has been used for some time. The Finance Department has reduced staff greatly (beginning many years ago) and has all positions multi-tasking to optimize efficiencies. The Service Department has revamped numerous tasks, trimmed personnel and continues to look for operational and cooperative economies. Mr. Packard had spent a great deal of time with Mr. Glady and agreed that things seemed to be running very efficiently.
     
    "Mayor Cicero commended the Committee members on their review. He stated that whatever Council decides, the Administration and departments will work with. He identified options that would enable the Administration to absorb the reductions in revenue but indicated those cuts (3 FF/3 PD/ All part-time) would reach deeply into essential services and would put the City into a "reactive" mode from the "responsive" mode our residents are accustomed to. Along with reductions in essential Police and Fire personnel an assessment for garbage service, at about $125 per year, would be required, but it is possible to do. While raising taxes is not what he wants to, do dollars have been stretched almost as far as they can be and replacing the lost revenue is the only way to fund the Lyndhurst we know.
     
    With no further business to discuss the meeting adjourned at 6:45 pm."
    Mr. Ward further stated Mr. Gambatese distributed an article from the Wall Street Journal, called How to Cut Spending at the Grass Roots. Mr. Ward asked Mr. Gambatese what the article specifically listed that the City should be doing.
    Mr. Gambatese said he had not recently read the article. Mr. Gambatese stated he would like to see a budget showing a three (3), five (5) and ten (10) percent reduction. Mr. Gambatese stated he would like a third party to also review the budget.
    Mr. Ward informed Mr. Gambatese the City currently practices every item listed in the article.
     
    PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
     
    ROADS AND UTILITIES COMMITTEE - Chairman Gambatese reported that on January 3rd he met with Rick Glady and Jeff Filarski to comprise a preliminary list of projects for 2013.
     
    SAFETY COMMITTEE - Chairman LoPresti had no report; however, he stated that Annette Lawless from Fox 8 News interviewed the Chief of Police regarding the Tethering Ordinance.
     
    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.
     
    Eunice Horton, 1121 Brainard Road, read the following comment into the record:
     
    "Good evening, Gentlemen. My husband and I have been residents for 45 years and started to attend council meetings in 1979.
     
    Although we haven't been able to attend meetings as frequently as we would like, it doesn't mean that we aren't paying close attention to what is going on in the City. We do receive agendas and look over minutes.
     
    Lyndhurst has always had a fine image of homes and services. In fact, I would say that our services are better today than when we first moved here in 1967. I know that there are many challenges to our quality of life here- changes in society, foreclosures and other economic pressures. This is not the first time but our City has always found a way to maintain the fine standards we and our neighbors expect.
     
    "I understand that you have been discussing our income tax for some months, and a lot of time has been dedicated to this process which is important. A lot of thought has been dedicated as well which is doubly important.
     
    Once upon a time I sat up there where you do, this after sitting out here and observing for 15 years. I am well aware of the budgeting process and the extreme detail applied to that review.
     
    "I am also very aware that you ALL, EVERY ONE OF YOU, have been voting "yes" on the budgets and "yes" on all of the spending plans that have come from those budgets. Those votes have supported the excellent services and the quality of life for us, the people you are sworn to serve.
     
    I am NOT one of the 127 signatures you have been going on about, Mr. Gambatese! I am one of the 13,874 other residents whose quality of life will suffer should you continue to sit on your hands and do nothing.
     
    "You were quoted in the paper as questioning whether or not the City "can assure the residents we are spending every dime prudently and wisely".
     
    Why can't you, Mr. Gambatese?
    You voted "yes" to pass the budget, so why can't you?
    You get the monthly statements, so why can't you?
     
    "I am one of your Ward 2 residents. You were elected and you get paid so I should have the peace of mind to know that you are on top of these things, so please tell me, why do you not know?
     
    "It seems to me, from what I have read, that no one has offered any options that save enough money to make all of you have a responsibility to all of us out here-a responsibility to not just talk about the problems but to hammer out solutions, a responsibility to do what you say you are going to do and to do it in such a way it looks out for our best interests.
     
    I think, Council, you have come to the point where you should make the decision that not only keeps our community strong but does so in such a way that impacts residents as minimally as possible.
     
    "It appears that asking voters to raise the income tax rate would be the best option. It would raise the money needed. It would spread the burden to non-residents, who work here and it would cost the Lyndhurst income tax payers less than the other option."
     
    Elizabeth DeGiovanni, 5169 Thornbury, asked the percentage the City pays for health care coverage for employees.
    The Mayor stated 100%.
    Mr. Ward explained the City pays the premium, but employees pay the co-pays and deductibles.
    Ms. DeGiovanni requested that a reverse 911 be issued for future Finance Committee Meetings. Ms. DeGiovanni stated she would like to go on record that she is in favor of the 1½ percent increase.
     
    Chuck Liebenauer, 5113 E. Farnhurst, thanked the service, police and fire departments. Mr. Liebenauer stated that he does not want to see any services cut. Mr. Liebenauer asked that if revenues increase up and beyond the needed amount can the City increase the tax credit.
     
    Mr. Schlessel read the following comment into the record:
    "Mr. Gambatese - For nearly 5 months now I have sat through every finance and committee meeting and listened to (accept for the last meeting) use words about OUR city and its finance committee and administration like:
     
  • Think outside the box
  • Due diligence
  • Fiscal watchdog
  • MY residents instead of OUR community

  •  
    "As I now enter my 8th year on council and having sat through the finance meetings the past 7 years and the months of process this past year leading up to tonight I am tired of hearing you TALK as you're the only one that cares about the tax payers in OUR community…..so to set the record straight….as far as I'm concerned every member of council, the Mayor and the each one of our department heads, all of our employees CARE and have done an incredible job safe guarding our city and keeping it functioning at level that everyone is proud of.
     
    "During this time I have listened to you use words about our finances yet have never heard you bring one new idea to save our city significant money. Actually, you have voted YES on every line item in our budget for the past 7 years and even voted yes last month to keep our budget the same …..do you really understand our budget, the process and what it entails?
     
    "I have personally had enough of you standing on your soap box and trying to make others believe and even follow you as if you're the lone person trying to save the city…it's wrong, miss-leading and definitely not true. It's easy to use words that you think people want to hear like "Don't Raise Taxes" but its empty when it's not followed up with a true plan, thought or idea.
     
    "Mr. Gambatese, we are faced with tough decisions which is why we have been elected. In my countless conversations with residents I have heard over and over…Lane I trust you to make the right decision that is why I elected you and for that I thank them.
     
    "No one wants to pay more yet we are willing to pay more for great service at a restaurant above and beyond the standard 15%. Well, I believe our residents are getting above standard service and I know they recognize it and don't want them cut which in case you didn't realize it is the only way we can continue to function without this slight increase.
     
    "That's right Mr. Gambatese our programs will need to be sacrificed if we don't take a stand. Our administration has done a great job over the past several years of saving as much as they can with our direction and approval and now we are faced with making the tough decisions. Take a stand, share an idea and not empty words to rile people….show you actually know what you're talking about. Many of us have dissected this budget over the past several months even more than the past several years and made saving suggestions and shared ideas….but we have heard nothing substantial from you ……I think we have waited long enough to hear from you! Mr. Chairman I will sit here as long as it takes if he has some ideas tonight, but I am certainly tired of all these words, due diligence, outside the box thinking, stop using them it is time that you say something worthwhile."
     
    Mr. Gambatese said he is following the Charter that states the power of Council. Mr. Gambatese stated Section 5 of the Charter, the executive power of the Mayor, states the Mayor shall be responsible for the preparation and submission of the annual estimates, receipts, expenditures, appropriation measures and keep Council fully advised of the financial condition and needs of the City. Mr. Gambatese stated he received a letter from a group of business people within the City that would like to review the budget. Mr. Gambatese asked for a more balanced approach.
     
    Mr. Ward read the following comment into the record:
     
    "On December 3rd Dr. Schlonsky expressed his wish that our discussions on the tax issue be conducted in an atmosphere of civility. I do appreciate that and I do want to note that we have not had to have that type of caution presented in these chambers for a good many years. Unfortunately, 3 minutes later comments were made which were less than civil which, if not addressed, would be lent undue credence. So, I will apologize, in advance, should what follows be deemed less than a courteous but necessary response.
     
    At the last Council meeting I was rendered somewhat speechless at the irresponsible claims and ludicrous statements offered in the prepared statement read by Mr. Gambatese.
     
    "Mr. Gambatese referred to us as "pickpockets". Mr. Gambatese claimed that he has offered "continued admonitions" to this Council that "have been ignored". Mr. Gambatese stated we might not be able to "absolutely assure" our residents we are spending every dime "prudently and wisely". Mr. Gambatese alluded that we have failed to apply "proper foresight or planning".
     
    Mr. Gambatese I am not, nor are any of the other people around this dais who are seriously committed to their service to Lyndhurst "pickpockets", shame on you.
     
    Mr. Gambatese the only time I have found you referencing the sunset of Estate Tax was on June 6, 2011 when you were taking a cheap shot at the Mayor, it was by no means an admonition. As a matter of fact, unless "Admonition" is the vowel between the "Y" and the "S" in YES you really have had little to say. Shame on you.
     
    "Mr. Gambatese, the day, the moment, the very second you have anything whatsoever to offer in the way of sound advice to assist this City in its efforts to manage its programs more efficiently and serve our residents more effectively I will jump up and say ALLELUIA. For the past seven years I have tried to engage you in the process of budgeting and, with the exception of one moment when we had a collective discussion on possible staffing changes, you really have brought nothing to the table. Shame on you.
     
    Mr. Gambatese, for you to state we do not apply foresight or planning well you must not be reading any of the reams of documents our Finance Director produces, any of the legislation that we vote on or really tune into our lengthy conversations. We do plan and our foresight is a damned sight better than your hindsight. Shame on you.
     
    "You have brought nothing but criticism and finger pointing in a lame attempt to make the Mayor and Administration look bad but what you forget is that we are one organization, ONE ORGANIZATION that should be committed to doing the most we can, the best we can for the people we serve. That sometimes requires us to suck it up and make tough decisions without thinking about ourselves and without trying to make a political splash.
     
    "Following the last meeting you asked the Director of Law for his opinion on a piece of correspondence sent us by the Mayor and you threw in reference to an e-mailed request for input that I had sent you and all members of my Committee. After the Director of Law responded, you wrote to me claiming his opinion was "unsupported", so shame on you again for masking your inability to offer this entire process anything whatsoever with an "unsupported dig" at the Director of Law who has provided this Council and previous, along with other public entities, sound and consistent counsel.
     
    You have thrown all sorts of reference to the Ohio Revised Code as though we ignore it. Maybe you should just focus on one section of an older code - Rule number nine; I believe is written in stone somewhere, "THOU SHALL NOT BEAR FALSE WITNESS. Why don't you try to stick to that one."
     
    RESOLUTION NO. 2013-1
    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. 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. 2013-1 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. 2013-1 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that Resolution No. 2013-1 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2013-1 is adopted.
     
    RESOLUTION NO. 2013-2
    INTRODUCED BY: ADMIN
     
    A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO TOM MILANICH FOR LONG AND FAITHFUL SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended, that Resolution No. 2013-2 be placed on second and third reading for final adoption and that it be read in its entirety.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Resolution No. 2013-2 was read in its entirety by Mrs. Franco.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Resolution No. 2013-2 be adopted.
     
    Mr. Frey stated he attended several Board of Zoning Appeals and Architectural Board of Review meetings with Mr. Milanich and his input to the Architectural renderings in the City will be severely missed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2013-2 is adopted.
     
    RESOLUTION NO. 2013-3
    INTRODUCED BY: ADMIN
     
    A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO FRANK KOSS FOR LONG AND FAITHFUL SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended, that Resolution No. 2013-3 be placed on second and third reading for final adoption and that it be read in its entirety.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Resolution No. 2013-3 was read in its entirety by Mrs. Franco.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No. 2013-3 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2013-3 is adopted.
     
    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 removed from table.
     
    Roll Call:
     
    Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
    Nays: Gambatese.
     
    Motion carried.
    Rules Suspended.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2012-79 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Schlessel, Ward, LoPresti.
    Nays: Gambatese, Frey.
     
    Motion carried.
    Ordinance No. 2012-79 is passed.
     
    Board of Zoning Appeals Recommendations:
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2012-06 to grant requested variance to Tom McFiggin for and with the residents of Lyndhurst Park Estates, for a variance from Chapter 1329.02 of the Planning and Zoning Code to erect an eight foot high stockade rear boundary fence. The fence would include parties at 4947, 4935, 4955, 4963, 4965, 4967, and 4971 Countryside Road, which abuts the YMCA property. This would exceed the six foot in height above natural grade that is allowed.
     
    The findings in Case No. 2012-06 as recorded in the minutes of the meeting of the Board of Zoning Appeals held December 17, 2012 were read by Mrs. Franco.
     
    It was moved by Mr. Ward, seconded by Mr. Packard, that Council confirm the decision of the Board of Zoning Appeals in Case No. 2012-06.
     
    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. 2012-7 to grant requested variance to Old Carolina BBQ, located at 5100 Mayfield Road for a variance from Chapter 1170.09(a)(1) of the Planning and Zoning Code for two additional monument signs. This would exceed the one monument sign permitted for commercial identification in the Community Business District. The Crossroads currently has two monument signs which are shared by all businesses within the shopping plaza.
     
    The findings in Case No. 2012-07 as recorded in the minutes of the meeting of the Board of Zoning Appeals held December 17, 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. 2012-07.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 9:01 P.M.

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