City of Lyndhurst, Ohio City Council
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April 19, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, April 19, 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, April 5, 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
 
Requests for additions to the Agenda:
 
Public Comment:
 
RESOLUTION NO. 2010-17
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A GRANT FROM THE CLEAN OHIO COUNCIL TO ASSIST IN THE CLEAN UP OR REMEDIATION OF A BROWNFIELD LOCATED AT CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NUMBER 712-21-012, 712-21-013, 712-21-014 AND712-21-015, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-18
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PARTICIPATION AGREEMENT WITH WXZ RETAIL GROUP/LYNDHURST, LLC, TO PROVIDE FOR ENVIRONMENTAL REMEDIATION AT CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NUMBER 712-21-012, 712-21-013, 712-21-014 AND 712-21-015, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-19
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH UNITED SURVEY, INC. FOR THE 2009 SEWER REHABILITATION PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-20
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH UNITED SURVEY, INC. FOR THE 2009 SEWER REHABILITATION PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-21
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-22
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-23
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-24
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATIAON PROJECT, 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.
 
April 19, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, April 19, 2010 at 8:05 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; D. St. John, Captain of Fire; M. A. Kovalchik, Director of Finance; J. C. Borton, Assistant Clerk of Council.
 
Absent: T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that reading of the minutes of the Regular Meeting of Council held Monday, April 5, 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, with Mr. Frey abstaining.
 
MAYOR'S REPORT - Mayor Cicero announced that all residents would be receiving a flier in the next day or so which addresses the new yard waste program. Stickers are available for residents to apply to their old rubbish containers to be used for yard waste. He said this helps it reminds residents to become more ecological and it will save on landfill fees. The Mayor thanked everyone for their efforts in this regard.
 
FINANCE COMMITTEE - Chairman Ward reported on the meeting of the Finance Committee held earlier this evening. A copy of said report will be forthcoming and made a part of the permanent record.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey reported on the meeting of the Public Lands & Buildings Committee held earlier this evening. A copy of said report will be forthcoming and made a part of the permanent record.
 
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. With regard to the legislation passed regulating recreational vehicles, Mr. Ward stated that following the last meeting, there were some items overlooked causing unintended consequences. He said the subject would have to be revisited relative to the parking or storage of conversion vans. Length of the trailer/motor home and adequate screening would be further discussed. Mr. Ward indicated that the Planning Commission would have to review the matter again and that he hoped to have something ready prior to the next meeting. He stated that the Mayor felt enforcement of the new legislation should be held off at this time, however, Mr. Ward did not feel that that was necessary for all areas of the regulation. The Mayor indicated that he would consult with the Law Director and Building Commissioner and act accordingly in order to avoid any legal issues.
 
PLANNING COMMISSION - Mr. Schlessel had no report. He announced that the Planning Commission would not hold its regular meeting this month.
 
The meeting was opened to public comment.
 
Dennis Gustafson, 4907 Westbourne, said he was in favor of the recently passed legislation regulating recreational vehicles, but felt there were some items that he felt were discriminatory. He explained the length of motor homes and fifth wheel and questioned the parking of recreational equipment between October 1 and April 30th. Mr. Ward responded that boats and RV's must be stored off site or in a screened area. Discussion continued.
 
Virginia Kellner, 1148 Irene Road, brought attention to the fact that some residents leave their trash containers on the tree lawn over the weekend and asked that this be addressed with the resident. She also talked about snow plow operators who leave large piles of snow on the sidewalk. She said she walks to get her newspaper at 6:30 A.M. and must walk in the street because of the piles of snow. She felt this was dangerous and that this matter should be addressed prior to the next snow season.
 
Councilman Gambatese asked if there was a limit as to how many yard waste stickers a homeowner could have. Mr. Glady said that two stickers are being issued to each household, but additional cans should be placed behind the designated containers and they would be picked up.
 
Councilman Schlessel reminded Council and residents that the Heights Hillcrest Area Chamber of Commerce would be holding its annual Business Expo at Landerhaven on May 12th from 3:00 P.M. until 7:00 P.M. All were invited to attend. He asked Council members to share booth time and to let Mr. Marko know their availability. Mr. Marko added that set-up is from noon until 2:30 P.M. and tear-down after the event is concluded.
 
RESOLUTION NO. 2010-17
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A GRANT FROM THE CLEAN OHIO COUNCIL TO ASSIST IN THE CLEAN UP OR REMEDIATION OF A BROWNFIELD LOCATED AT CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NUMBER 712-21-012, 712-21-013, 712-21-014 AND 712-21-015, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-17 be placed on second and third reading for final adoption, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-17 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Resolution No. 2010-17 be adopted.
 
In answer to Mr. Ward's question, Mayor Cicero indicated that work would begin following execution of the agreement.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Resolution No. 2010-17 is adopted.
 
RESOLUTION NO. 2010-18
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PARTICIPATION AGREEMENT WITH WXZ RETAIL GROUP/LYNDHURST, LLC. TO PROVIDE FOR ENVIRONMENTAL REMEDIATION AT CUYAHOGA COUNTY AUDITOR'S 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. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-18 be placed on second and third reading for final adoption, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-18 was highlighted by Mrs. Borton, with Section 5 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No. 2010-18 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Resolution No. 2010-18 is adopted.
 
ORDINANCE NO. 2010-19
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH UNITED SURVEY, INC. FOR THE 2009 SEWER REHABILITATION PROGRAM, 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 Ordinance No. 2010-19 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. 2010-19 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. 2010-19 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-19 is passed.
 
ORDINANCE NO. 2010-20
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH UNITED SURVEY, INC. FOR THE 2009 SEWER REHABILITATION PROGRAM, 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. 2010-20 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. 2010-20 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Fisher, that Ordinance No. 2010-20 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-20 is passed.
 
ORDINANCE NO. 2010-21
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-21 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. 2010-21 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. 2010-21 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-21 is passed.
 
ORDINANCE NO. 2010-22
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-22 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. 2010-22 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-22 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-22 is passed.
 
ORDINANCE NO. 2010-23
INTRODUCED BY: ADAMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-23 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. 2010-23 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-23 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-23 is passed.
 
ORDINANCE NO. 2010-24
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-24 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. 2010-24 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-24 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-24 is passed.
 
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 8:35 P.M.


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