City of Lyndhurst, Ohio City Council
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October 4, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, October 4, 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, September 20, 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. 2010-47
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.
 
SECOND READING:
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. 2010-58
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. 2010-44 AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-59
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-14-106 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-60
INTRODUCED BY: ADMIN
 
A RESOLUTION PROVIDING FOR HALLOWEEN OBSERVANCE UPON THE STREETS AND OUT-OF-DOORS FOR OCTOBER 31, 2010, BETWEEN THE HOURS OF 6:00 P.M. AND 8:00 P.M.
 
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.
 
October 4, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, October 4, 2010, at 8:10 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; D. St. John, Captain of Fire; L. Puskas, Building Inspector; 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. Gambatese, that reading of the minutes of the Regular Meeting of Council held Monday, September 20, 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 reported that the Police Department, in conjunction with the South Euclid-Lyndhurst School District, had applied for and received a COPS Grant in the amount of $28,960.00 for Secure our Schools. The grant has a fund matching request which will be provided by the schools and the City acts as a co-grantor. The Mayor congratulated the schools and Chief Porrello and his staff for working diligently to obtain the money. He indicated the money would be used to provide digital cameras throughout the school areas and parking lots to help deter any type of mischief. He indicated that he appreciates Council's support in this matter.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE -Chairman Frey had no report.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti reported on the meeting of the Safety Committee held earlier this evening. A copy of said report will be forthcoming and made a part of the permanent record.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report.
 
PLANNING COMMISSION - Mr. Schlessel had no report. He noted that the Planning Commission had been cancelled.
 
SOUTH EUCLID LYNDHURST BOARD OF EDUCATION - Mr. Marko indicated there was no report.
 
The meeting was opened to public comment:
 
Elizabeth DeGiovanni, 5169 Thornbury, wondered if the Reverse 911 system was up and running since she did receive notification of the Council Coffee to be held October 16th. The Mayor said the system is working and was pleased that the upgrades were also working.
 
Mrs. DeGiovanni requested explanation of what constitutes "emergency safety service". Mr. Ward responded that that would include an accident at which the Police and Fire Departments respond, including technical rescue or whenever special rescue services are called into play. He stated that reimbursement for this service would come from the insurance company. He explained the incident that occurred in Mayfield Heights recently and noted that there were several emergency responders involved in clearing that accident.
 
In addition, Mrs. DeGiovanni asked if the nuisances that were approved for abatement several weeks ago had been taken care of. Mayor Cicero said that some of the work had been completed on those homes and that adoption of Resolution No. 2010-59 gives the Building Department permission to begin work on that property.
 
Mr. Ward reminded everyone that the Council Coffee would be held on Saturday, October 16th from 9:00 A.M. until 12:00 Noon, with a City Expo by city departments and the Board of Education. He said candidates for the Cuyahoga County Executive and District 11 positions were also invited to briefly address residents. Mr. Ward said the Community Shredding Day would also be held on that day from 11:00 A.M. until 3:00 P.M. in the Community Center Parking Lot. He stated that he had received responses from a few of the candidates.
 
THIRD 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. Schlessel , that Ordinance No. 2010-47 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-47 is passed.
 
SECOND READING:
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. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-53 be placed on second reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-53 is placed on second reading.
 
ORDINANCE NO. 2010-58
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. 2010-44 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. 2010-58 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. 2010-58 was highlighted by Mrs. Borton, with Section 10 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-58 be passed.
 
Mr. Ward said there was no change in the appropriations; money was shifted around because of recycling. He said we are spending less on rubbish removal and more on the recycling side which is saving the City money.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-58 is passed.
 
RESOLUTION NO. 2010-59
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-14-106 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, 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. 2010-59 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: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-59 was highlighted by Mrs. Borton, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Resolution No. 2010-59 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-59 is adopted.
 
RESOLUTION NO. 2010-60
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION PROVIDING FOR HALLOWEEN OBSERVANCE UPON THE STREETS AND OUT-OF-DOORS FOR OCTOBER 31, 2010, BETWEEN THE HOURS OF 6:00 P.M. AND 8:00 P.M.
 
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. 2010-60 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: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-60 was highlighted by Mrs. Borton, with Section 2 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Resolution No.2010-60 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-60 is adopted.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:27P.M.


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