City of Lyndhurst, Ohio City Council
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April 5, 2010: City Council
AGENDA:

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

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


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