City of Lyndhurst, Ohio City Council
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January 18, 2010: City Council
AGENDA:

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

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


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