City of Lyndhurst, Ohio City Council
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September 20, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, September 20, 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 Tuesday, September 7, 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:
 
SECOND READING:
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. 2010-52
INTRODUCED BY: ADMIN
 
A RESOLUTION ACCEPTING THE AMOUNT AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR.
 
ORDINANCE NO. 2010-53
INTRODUCED BY: ADMIN
 
AN ORDINANCE ENACTING SECTION 139.02 OF THE CODIFIED ORDINANCES OF THE CITY TO ESTABLISH A PROCEDURE FOR BILLING TO RECOUP THE COST OF EMERGENCY SAFETY SERVICES RENDERED BY THE CITY AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-54
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KIMBLE TRANSFER & RECYCLING FOR THE PROVIDION OF RECYCLING PROCESSING SERVICES AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-55
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH INDEPENDENCE EXCAVATING, INC. FOR THE DEMOLITION OF BRAINARD PARK POOL AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-56
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-57
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE CITY ENGINEER TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS AS REQUIRED AND DECLARING AND 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. 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.
 
September 20, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, September 20, 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; D. Isaac, Captain of Fire; J. C. Borton, Assistant Clerk of Council.
 
Absent: M. A. Kovalchik, Clerk of Council; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that reading of the minutes of the Regular Meeting of Council held Tuesday, September 7, 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 recommended that Ordinance No. 2010-53 be placed on first reading this evening and referred to Safety Committee for further discussion. He stated that he and Mrs. Kovalchik had been discussing the possibility of recouping cost for emergency services from insurance companies and felt it would be a good idea to have discussion regarding the matter with Members of Council.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
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 is forthcoming and will be 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 reported on the meeting of the Legislative Committee held prior to this evening's meeting of Council. A copy of said report is forthcoming and will be made a part of the permanent record.
 
PLANNING COMMISSION - Mr. Schlessel had no report. He noted that the Planning Commission would be meeting on Thursday, September 23rd at 7:30 P.M. to discuss the proposed cell tower.
 
The meeting was opened to public comment:
 
Richard Clark, 5347 Chickadee Lane, said his grandson pronounced Home Days a very great success and said it was a nice affair.
 
Mr. Ward announced that the annual Council Coffee had been scheduled for Saturday, October 16th from 9:00 A.M. until 12:00 Noon at the Community Center. He said there would also be a City Expo that day with City departments providing information to residents. In addition, the third community Shredding Day will be held on the same day from 11:30 A.M. until 3:30 P.M. in the Community Center parking lot. Mr. Ward also stated that an invitation had been sent to the candidates for the County Executive and County Council District 11. He said he received a response from Kathy Gambatese from Richmond Heights and was waiting to hear from the others. He thought it would be valuable for residents to meet the candidates. Mr. Schlessel suggested that a call be made to all residents informing them of the chance to meet candidates prior to mailing in absentee ballots. Mr. Ward also indicated that the announcement would be sent via the City's electronic newsletter as well as the annual leaf letter that is sent to all residents.
 
Mayor Cicero thanked everyone who served on the Home Days Committee for a fine Home Days, especially Councilmen Frey, Ward and Vice Mayor Marko, who served as Chairman. He said he appreciates the hard work that goes into the event.
 
Vice Mayor Marko thanked all of the administration and the Police Department for their hard work during Home Days and stated that the Friday night dance was a success with no incidents. He thanked the Service Department and stated that he appreciated the work done by members of that department as well. Mr. Marko said the event was a success in spite of the rain on Saturday evening.
 
Mr. Marko announced that the Hillcrest Council of Councils meeting will be held on October 2nd at Landerhaven. He said the topic is "The Future of our County" with guest speakers being candidates for County Executive. Mr. Ward added that attendance would be worthwhile given the topic for discussion.
 
SECOND READING:
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. Frey, that Ordinance No. 2010-47 be placed on second reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-47 is placed on second reading.
 
RESOLUTION NO. 2010-52
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION ACCEPTING THE AMOUNT AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR.
 
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. 2010-52 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. 2010-52 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. 2010-52 be adopted.
 
Mr. Ward stated that adoption of this Resolution is in conjunction with the Tax Budget which was passed in July.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-52 is adopted.
 
ORDINANCE NO. 2010-53
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE ENACTING SECTION 139.02 OF THE CODIFIED ORDINANCES OF THE CITY TO ESTABLISH A PROCEDURE FOR BILLING TO RECOUP THE COST OF EMERGENCY SAFETY SERVICES RENDERED BY THE CITY AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-53 be placed on first reading and that it be referred to the Safety Committee.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-53 is placed on first reading.
 
ORDINANCE NO. 2010-54
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KIMBLE TRANSFER & RECYCLING FOR THE PROVISION OF RECYCLING PROCESSING SERVICES 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. 2010-54 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. 2010-54 was highlighted by Mrs. Borton, with Section 5 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-54 be passed.
 
Mr. Ward thanked Mr. Glady for his hard work and for taking a leadership role in this effort.
 
In answer to Mr. Frey's question, Mr. Glady responded that the City would continue doing single stream recycling and that now we would receive revenue instead of paying to dump recyclables. He added that there would be zero tip fees for the next five years. He hoped more residents would recycle, which would save tax dollars.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-54 is passed.
 
ORDINANCE NO. 2010-55
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH INDEPENDENCE EXCAVATING, INC. FOR THE DEMOLITION OF BRAINARD PARK POOL AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-55 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. 2010-55 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. 2010-55 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-55 is passed.
 
ORDINANCE NO. 2010-56
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING 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. 2010-56 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. 2010-56 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. 2010-56 be passed.
 
In answer to Mr. Frey's question, Mr. Glady explained the extra work that was not required by the plans and specifications.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-56 is passed.
 
RESOLUTION NO. 2010-57
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE CITY ENGINEER TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS AS REQUIRED 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. 2010-57 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. 2010-57 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No. 2010-57 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-57 is adopted.
 
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 8:30 P.M.


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