City of Lyndhurst, Ohio City Council
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September 7, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Tuesday, September 7, 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 Special Meeting of Council held Monday, August 2, 2010.
 
Approve Minutes of the Regular Meeting of Council held Monday, August 2, 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:
 
THIRD READING:
ORDINANCE NO. 2010-30
INTRODUCED BY: Councilman Schlessel
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-44
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2010, REPEALING ORDINANCE NO. 2010-11 AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-45
INTRODUCED BY: ADMIN
 
AN ORDINANCE DETERMINING THE PORTIONS OF THE SANITARY SEWER ASSESSMENT TO BE ALLOCATED TO EACH SEWER FUND FOR THE TAX YEAR 2010, IN ACCORDANCE WITH SECTION 952.02(b) OF THE CODIFIED ORDINANCES.
 
ORDINANCE NO. 2010-46
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AGREEMENTS AND CONTRACTS WITH VARIOUS INSURANCE CARRIERS RECOMMENDED BY JACKSON, DIEKEN & ASSOCIATES, INC., TO PROVIDE THE NEEDED INSURANCE COVERAGE REQUIRED BY THE CITY OF LYNDHURST AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-47
INTRODUCED BY:ADMIN
 
AN ORDINANCE AMENDING THE CODIFIED ORDINANCES OF THE CITY TO ADD NEW CHAPTER 1331 TITLED FLOOD DAMAGE REDUCTION AND REPEALING EXISTING CHAPTER 1331.
 
RESOLUTION NO. 2010-48
INTRODUCED BY: ADMN
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A GROUND SITE LEASE AGREEMENT WITH CLEAR WIRELESS LLC TO PERMIT A CELL PHONE ANTENNA AND APURTENANCES TO BE INSTALLED UPON THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-08-004, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-49
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE NORTHEAST OHIO AREA COORDINATING AGENCY FOR A GRANT FROM THE FEDERAL HIGHWAY ADMINISTRATION AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-50
INTRODUCED BY: ADMIN
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO JOSEPH SWEENEY FOR SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF LYNDHURST, OHIO AS A MEMBER OF THE CIVIL SERVICE COMMISSION.
 
ORDINANCE NO. 2010-51
INTRODUCED BY: COUNCILMAN WARD
 
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 2010 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.
 
September 7, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Tuesday, September 7, 2010, at 8:07 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, Clerk of Council; D. St. John, Captain of Fire.
 
Absent: T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that reading of the minutes of the Special Meeting of Council held Monday August 2, 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. Schlessel and Mr. Marko abstaining.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of Council held Monday, August 2, 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. Schlessel and Mr. Marko abstaining.
 
MAYOR'S REPORT - Mayor Cicero introduced Eric Bergsman, President of the Hillcrest 100, who addressed Council relative to the charity event hosted by the Gates Mills Club where the Hillcrest 100 was the recipient of all monies raised. The Gates Mills Club asked that the funds be given back to the canine officers and their handlers, as the owners of the Gates Mills Club strongly endorse the continuing training of these unique First Responders. Mr. Bergsman thanked Chief Porrello, Lt. Rhode, Sgt. DeBow and Officer Traci for the generous donation of their time to make the event possible. Mr. Bergsman gave a brief history of the Hillcrest 100, noting that since its inception in 2005 close to $20,000 was donated to needy First Responders in the Hillcrest communities. He encouraged membership in the Hillcrest 100 and distributed applications to all Members of Council.
 
Councilman LoPresti, who is also a Trustee and lifetime member of the Hillcrest 100 presented a check for $650 and a piece of specialized training equipment to Officer Traci and Officer Sully. Mayor Cicero thanked the Hillcrest 100 on behalf of the City and Council for their contribution and for helping out our canine unit.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE -Chairman Frey had no report. He announced that there would be a meeting of the Public Lands & Buildings Committee held on Monday, September 20th at 7:00 P.M. to discuss pool operations for the past season. He added that Brainard Pool had been filled in, in preparation for construction of the spray park which should begin next year.
 
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 reported on the meeting of the Legislative Committee held prior to this evening's meeting of Council. A copy of said report is part of the permanent record. He announced that there would be a meeting of the Legislative Committee held prior to the next meeting of Council on September 20th at 6:30 P.M. to continue discussion regarding Ordinance No. 2010-30.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
SOUTH EUCLID LYNDHURST BOARD OF EDUCATION - Stefanie Rhine, 5165 Kneale Drive, Vice President of the School Board, addressed Council relative to some issues facing the Board. She said that the Board is working with a new contractor on the Bolton and Lowden Schools demolition and that work is progressing. Mr. Gambatese said he saw some progress on the work that was being done and hoped that all commitments that were made are followed through. Mrs. Rhine noted that drainage was a high priority at both schools and the Board is making sure that the problem is being resolved. Discussion continued.
 
Mrs. Rhine said the start of the school season went very smoothly and thanked the Police Department for helping students and parents get re-acclimated to the morning routine. She encouraged Council to view the District's newly formatted website and requested feedback.
 
Mrs. Rhine announced that a $20,000 grant was received for the library at Memorial Junior High and that a ceremony would be held on September 21st. All were invited to attend. Educational Jobs fund money in the amount of approximately $300,000 would be received by South Euclid and would be used to help students. She said the Board was disappointed in the current test results and indicated that the staff is working hard to encourage students to do better. She said some of that money, along with money from Race to the Top, would go toward implementing programming to help at all of the schools. She said the Board continues to look for programs and funding to aid the students.
 
Mr. Ward commended the new Transportation Director for his responsiveness to residents. He added that he received only one phone call and that the problem had already been taken care of.
 
Mrs. Borton requested that correspondence from the Ohio Division of Liquor Control be added to the agenda.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that the agenda be amended to add correspondence from the Ohio Division of Liquor Control.
 
The question was put to a voice vote and passed unanimously.
 
The meeting was opened to public comment: There were no comments from the public.
 
Vice Mayor Marko announced that the annual Home Days celebration would be held this coming weekend and encouraged everyone's attendance. He hoped for good weather.
 
THIRD READING:
ORDINANCE NO. 2010-30
INTRODUCED BY: COUNCILMAN SCHLESSEL
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel , that Ordinance No. 2010-30 be tabled.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti.
Nays: Marko.
 
Motion carried.
Ordinance No. 2010-30 is tabled.
 
ORDINANCE NO. 2010-44
INTRODUCED BY: ADMINISTRATION
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2010, REPEALING ORDINANCE NO. 2010-11, 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. 2010-44 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: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-44 was highlighted by Mrs. Borton, with Section 10 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-44 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-44 is passed.
 
ORDINANCE NO. 2010-45
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE DETERMINING THE PORTIONS OF THE SANITARY SEWER ASSESSMENT TO BE ALLOCATED TO EACH SEWER FUND FOR THE TAX YEAR 2010, IN ACCORDANCE WITH SECTION 925.02(b) OF THE CODIFIED ORDINANCES.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-45 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: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-45 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. 2010-44 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-45 is passed.
 
ORDINANCE NO. 2010-46
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AGREEMENTS AND CONTRACTS WITH VARIOUS INSURANCE CARRIERS RECOMMENDED BY JACKSON, DIEKEN & ASSOCIATES, INC., TO PROVIDE THE NEEDED INSURANCE COVERAGE REQUIRED BY THE CITY OF LYNDHURST AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-46 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: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-46 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. 2010-46 be passed.
 
Mr. Ward pointed out that the amount of $111,930 is less than what was paid for last year's coverage and felt Jackson, Dieken is doing a good job. In addition, he commended Mrs. Kovalchik for making sure they do a good job.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-46 is passed.
 
ORDINANCE NO. 2010-47
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING THE CODIFIED ORDINANCES OF THE CITY TO ADD NEW CHAPTER 1331 TITLED FLOOD DAMAGE REDUCTION AND REPEALING EXISTING CHAPTER 1331.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that Ordinance No. 2010-47 be placed on first reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-47 is placed on first reading.
 
RESOLUTION NO. 2010-48
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A GROUND SITE LEASE AGREEMENT WITH CLEAR WIRELESS LLC TO PERMIT A CELL PHONE ANTENNA AND APPURTENANCES TO BE INSTALLED UPON THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-08-004 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. 2010-48 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, Marko.
Nays: Frey, LoPresti.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-48 was highlighted by Mrs. Borton, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2010-48 be adopted.
 
Mr. Ward said that adoption of this resolution authorizes the lease and that in order for any entity to appear before the Planning Commission, that entity must have standing with the property. He said that in order to proceed, this must go before the Planning Commission to see what the footprint might be and if there would be any problems with it. Mayor Cicero added that this is being done the proper way. He said it was up to the Planning Commission, Board of Zoning Appeals and finally Council to give final approval.
 
Mr. Frey expressed concern that the matter was not discussed in Committee before it appeared on the agenda this evening. Mr. Murphy said he had received a request that it be placed on the agenda, and pointed out that it could be referred to Committee. He added that the lease is being presented to Council at the request of the tower purveyors. Mr. Murphy stated that Council could table the legislation, place it on first reading, refer it to committee or vote it down. He explained that if the legislation is adopted this evening, it is a prerequisite to it being considered by the Planning Commission. Mr. Murphy explained that the City's ordinances require the property owner to agree to the lease in order to be considered by the Planning Commission, noting that the City is the owner of the property. Mr. Ward indicated that Council has the final word on all Planning Commission recommendations. Mr. Frey asked what would happen to the lease agreement if the Planning Commission or Council elects that this is not something that would work in that area. Mr. Ward responded that the agreement would become null and void because the installation could not occur.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, Marko.
Nays: Frey, LoPresti.
 
Motion carried.
Resolution No. 2010-48 is adopted.
 
RESOLUTION NO. 2010-49
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE NORTHEAST OHIO AREA COORDINATING AGENCY FOR A GRANT FROM THE FEDERAL HIGHWAY ADMINISTRATION 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. 2010-49 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: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-49 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.2010-49 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-49 is adopted.
 
RESOLUTION NO. 2010-50
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION EXPRESSING COMMENDATIONAND SINCERE APPRECIATION TO JOSEPH SWEENEY FOR SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF LYNDHURST, OHIO AS A MEMBER OF THE CIVIL SERVICE COMMISSION.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended, that Resolution No. 2010-50 be placed on second and third reading for final adoption and that it be read in its entirety.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-50 was read in its entirety by Mrs. Borton.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No. 2010-50 be adopted, with Mr. Ward requesting that it be shown as having been introduced by Mayor Cicero and All Members of Council.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-50 is adopted.
 
ORDINANCE NO. 2010-51
INTRODUCED BY: COUNCLMAN WARD
 
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 2010 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. 2010-51 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: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-51 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. 2010-51 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-51 is passed.
 
Correspondence from the Ohio Division of Liquor Control for new C2 Liquor Permit for Chocolate Pig, Inc. dba Fantasy Candies Chocolate Factory, 5456 Mayfield Road, Lyndhurst, Ohio was noted with no hearing requested.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:43 P.M.


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