City of Lyndhurst, Ohio City Council
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October 18, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, October 18, 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; D. St. John, Acting Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Special Meeting of Council held Monday, October 4, 2010.
 
Approve Minutes of the Regular Meeting of Council held Monday, October 4, 2010.
 
Approval of Council's appointee to the Legacy Village Lyndhurst Community Fund of the Cleveland Foundation.
 
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:
 
THIRD 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.
 
RESOLUTION NO. 2010-61
INTRODUCED BY: ADMIN
 
A RESOLUTION REQUESTING THE COUNTY AUDITOR TO ADVANCE TAXES FROM THE PROCEEDS OF TAX LEVIES PURSUANT TO OHIO REVISED CODE SECTION 321.34.
 
ORDINANCE NO. 2010-62
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH LONGO SEWER CONSTRUCTION CO. FOR THE 2009 SEWER REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-63
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH LONGO SEWER CONSTRUCTION CO. FOR THE 2009 SEWER REPAIR PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-64
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-65
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-66
INTRODUCED BY: ADMIN AND ALL MEMBERS OF COUNCIL
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO GERALD M. TELZROW FOR HIS LONG AND FAITHFUL FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, CUYAHOGA COUNTY, OHIO AS A MEMBER OF THE FIRE DEPARTMENT.
 
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 18, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, October 18, 2010, at 8:03 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: P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; D. St. John, Acting Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
Absent: J. M. Cicero, Jr., Mayor; M. A. Kovalchik, Clerk of Council; T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that reading of the minutes of the Special Meeting of Council held Monday, October 4, 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.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of Council held Monday, October 4, 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.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that the appointment of Arlene Schreiber as Council's representative to the Legacy Village Lyndhurst Community Fund of the Cleveland Foundation be approved.
 
Mr. Ward indicated that information regarding Mrs. Schreiber had been distributed to Members of Council and that she would be a great asset to the Legacy Village Foundation.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - In Mayor Cicero's absence, there was no report.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE -Chairman Frey had no report. Mr. Frey informed Council that he had discussed the Spray Ground at Brainard Park with the Service Director and City Engineer and indicated that specifications are currently being worked on, that bidding would begin in early November, with the bid opening on December 3rd. He anticipated that the contract would be awarded at the December 6th meeting, that construction would begin in late March or early April, and that the park would open the second week of June.
 
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.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
The meeting was opened to public comment:
 
E. Dale Inkley, 5126 E. Farnhurst, raised several questions with regard to Ordinance No. 2010-53 which would allow the City to establish a procedure for billing to recoup the cost of emergency safety services rendered by the City. In response to those questions Mr. Ward stated the incident report generated by the Police Department starts the process and the process would not be initiated until the guilty party is determined. He said the city would control the process and the reports would not be sent through for billing until the guilty party is absolutely determined. He stated that all personnel and equipment that responds to that scene would be billed for. He indicated that duty personnel are here to provide core services to the residents and they do respond to motor vehicle accidents. Mr. Ward said there would not be a threshold for billing to begin; it would be through the incident report and could be looked at with the providing party. He stated that this legislation starts the program, but the contract the City enters into with the provider would spell out the specific desires of the City. He said the insurance company for every at-fault party would be invoiced, but that the residents of the community, as provided by federal law, would not incur any out-of-pocket expense.
 
Mr. Inkley asked what would happen if a non-resident's insurance refused to pay or the policy did not provide for coverage. Mr. Ward said the non-resident would receive a bill. He said approximately 56% of insurance carriers recognize this service and almost all insurance companies recognize the value of a response that a community provides to an incident scene as a mitigating factor to hold down liability. He said the community's response to a motor vehicle accident is not limited to the on-street personnel, and said it includes services provided by in-house personnel as well. He pointed out that while personnel are investigating or responding to a motor vehicle accident, service to residents is limited for that period of time. Mr. Ward said that rather than placing a police or fire levy on the ballot, raising income taxes, eliminating credits, etc. looking at making an "at fault" party responsible is one way of addressing the City's need to cover these costs. Mr. Ward also stated that there had been a lot of investigation done on this matter and that he spoke with the City's insurance provider today who indicated there is no proof that this would raise insurance rates and that the increase in cost borne by insurance carriers in paying this added expense would not be enough for the state insurance board to consider it as a rating factor.
 
THIRD 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 passed.
 
Mr. Ward clarified that no Lyndhurst resident would realize any out of pocket cost if this ordinance is passed. He stated that once the ordinance is passed, there would be separate negotiations with the provider, which is an offshoot of the provider we already have a relationship with for the medical billing, which has worked very well. He spoke about the EMS billing and how it evolved. Mr. Ward said we are not the first community to do this and that we do have a track record with the EMS billing process.
 
Mr. Gambatese asked if it would be appropriate to state on the ordinance that there would be no out of pocket expense for Lyndhurst residents. Mr. Ward indicated that the ordinance would not be the place to do that; it would be addressed in the contract with the provider. Mr. Murphy agreed and stated that the ordinance is the enabling legislation to set up the program.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Frey.
 
Motion carried.
Ordinance No. 2010-53 is passed.
 
RESOLUTION NO. 2010-61
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION REQUESTING THE COUNTY AUDITOR TO ADVANCE TAXES FROM THE PROCEEDS OF TAX LEVIES PURSUANT TO OHIO REVISED CODE SECTION 321.34.
 
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 Resolution No. 2010-61 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. 2010-61 was highlighted by Mrs. Borton, with Section4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that Resolution No. 2010-61 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-61 is adopted.
 
ORDINANCE NO. 2010-62
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH LONGO SEWER CONSTRUCTION CO. FOR THE 2009 SEWER REPAIR PROGRAM, 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. 2010-62 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. 2010-62 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No.2010-62 be passed.
 
In answer to Mr. Frey's question, Mr. Glady explained that a house on Irene Road had a sewer break in the lateral and the house had no sanitary sewer. It was decided that the repair would be made under the rates provided by this contract.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-62 is passed.
 
ORDINANCE NO. 2010-63
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH LONGO SEWER CONSTRUCTION CO. FOR THE 2009 SEWER REPAIR PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT, 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. 2010-63 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. 2010-63 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.2010-63 be passed.
 
In answer to Mr. Frey's question, Mr. Glady, explained that there were pipe size differences in work being done to eliminate the sanitary sewer overflow. He stated that some of the excavation resulted in pipe sizes that were different than originally thought, thus causing a difference in pricing for replacement.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-63 is passed.
 
ORDINANCE NO. 2010-64
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 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. 2010-64 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. 2010-64 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. 2010-64 be passed.
 
Mr. Glady reported that there was a cost difference in the concrete repaired on Cedar Road because of the increase from 7 inches to 9 inches in some areas.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-64 is passed.
 
ORDINANCE NO. 2010-65
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM, 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. 2010-65 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. 2010-65 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.2010-65 be passed.
 
Mr. Glady explained that the sub-contractor needed to mobilize steel plates on Cedar Road to facilitate the flow of traffic. He noted that the contract is still under the budgeted amount.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
 
Nays: None.
 
Motion carried.
Ordinance No. 2010-65 is passed.
 
RESOLUTION NO. 2010-66
INTRODUCED BY: ADMINISTRATION AND ALL MEMBERS OF COUNCIL
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO GERALD M. TELZROW FOR HIS LONG AND FAITHFUL SERVICE FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, CUYAHOGA COUNTY, OHIO AS A MEMBER OF THE FIRE DEPARTMENT.
 
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. 2010-66 be placed on second and third reading for final passage 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. 2010-66 was read in its entirety by Mrs. Borton.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that Resolution No. 2010-66 be adopted and that it be shown as having been introduced by the Administration and all Members of Council.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-66 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 8:35 P.M.


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