City of Lyndhurst, Ohio City Council
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November 1, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, November 1, 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 Regular Meeting of Council held Monday, October 18, 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:
 
ORDINANCE NO. 2010-67
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENTEXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2010, REPEALING ORDINANCE NO. 2010-58, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-68
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-14-106 TO BE A CONTINUED NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED CONTRACT FOR THE ADDITIONAL WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-69
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING A CONTRACT WITH THE CUYAHOGA COUNTY GENERAL HEALTH DISTRICT FOR THE PUBLIC HEALTH SERVICES TO BE RENDERED DURING THE YEAR 2011, AUTHORIZING THE AUDITOR TO CREDIT THE CONSIDERATION PAYABLE UNDER SAID CONTRACT AND TO DEDUCT EQUIVALENT SUMS FROM TAX SETTLEMENTS DUE THE CITY OF LYNDHURST 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.
 
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.
 
November 1, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, November 1, 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: 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; L. Puskas, Building Inspector; D. St. John, Acting Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
Absent: T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that reading of the minutes of the Regular Meeting of Council held Monday, October 18, 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 had no report. He thanked Council for their expressions of sympathy on the passing of his father-in-law.
 
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 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.
 
SOUTH EUCLID LYNDHURST BOARD OF EDUCATION - Mr. Kent had no report. Mr. Gambatese indicated that residents were pleased with the work done at the Bolton School property and Mr. Kent said he was also pleased with the outcome.
 
The meeting was opened to public comment:
 
E. Dale Inkley, 5126 E. Farnhurst, addressed Council relative to charging insurance companies for extra curricular activities in the City's safety forces. He asked why it is necessary that he is threatened with a tax increase, as the system is working now. He feels the process is funded currently by taxes and that this is a step towards regionalism. Mr. Inkley asked how it is determined when one would be charged for the services; would it be when it is outside of Lyndhurst or inside of Lyndhurst. He said the City is liable to find itself sharing the proceeds with the union workers who are assigned to these activities, because of an easily identified extra curricular point of activity. He said usually people want extra pay for extra duty. Mr. Inkley asked if additional personnel would be called in when there is an emergency to cover the vacancy that exists. He asked how an insurance check which would be received three months later, would help cover the situation as it exists today. Mr. Inkley said if Council is genuinely interested in not raising taxes, he thought construction of the splash park at Brainard Park should be stopped. He felt that that was a totally discretionary expenditure, and could be put off until times are better. He indicated that part of the reason that Brainard pool was closed was because residents in that area did not utilize or support that pool. He said the job of the City of Lyndhurst is safety, welfare and health of its citizens, and that that should not be the responsibility of the insurance companies.
 
Mayor Cicero responded that while he appreciates Mr. Inkley's civic responsiveness and opinions, he felt that 90% of what was said this evening was untrue. The Mayor said he was not sure where Mr. Inkley received his information, and indicated that the issue of insurance billing had been approved at the last meeting by passage of Ordinance No. 2010-53. With regard to the closing of Brainard Pool, the Mayor felt that Mr. Inkley had no background as to why the pool was closed. He said it was because of finances and had nothing to do with the number of residents in attendance at the pool. Mayor Cicero said he appreciates Mr. Inkley's comments, but hoped they would be based on actual fact. He told Mr. Inkley that he could obtain facts by requesting information from him.
 
Mr. Inkley said he appreciated the Mayor's guidance and said his facts on the pool were gained from the last report when both pools were open. The Mayor again stated that the closing of Brainard Pool had nothing to do with residents not supporting it, and everything to do with finances. The Mayor said he would meet with Mr. Inkley as long as his concerns were of substance.
 
In response to Mr. Inkley's concerns regarding billing of insurance companies, Mr. Ward indicated that the process begins with the incident report; when the negligent party is identified. He stated that the City has a track record with this type of process since we are charging the medical insurance companies for emergency squad services. He said that no Lyndhurst resident had ever received a bill for out of pocket expense, but their insurance companies had been billed. In addition, he stated that if the bill is not paid or is underpaid, the resident would not see a bill. He said this is facilitated by federal law and that prior to the law being in effect, the City would not entertain billing for that service. With regard to what is and what is not billable, Mr. Ward said the Police Department would work with the Finance Department and the criteria would be set with the billing company. He reiterated that every insurance company for every negligent party would be billed. Mr. Ward said employees recognize the value, cost of equipment, and continual training which all residents benefit from.
 
Mr. Marko took exception to Mr. Inkley's remark about extra curricular activities and said he did not feel responding to a medical emergency or accident would be considered extra curricular; that that is the job of the police and fire department employees.
 
ORDINANCE NO. 2010-67
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. 2010-58, 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. 2010-67 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. 2010-67 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. 2010-67 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-67 is passed.
 
RESOLUTION NO. 2010-68
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-14-106 TO BE A CONTINUED NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED CONTRACT FOR THE ADDITIONAL 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. 2010-68 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. 2010-68 was highlighted by Mrs. Borton, with Section 9 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No. 2010-68 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-68 is adopted.
 
ORDINANCE NO. 2010-69
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING A CONTRACT WITH THE CUYAHOGA COUNTY GENERAL HEALTH DISTRICT FOR THE PUBLIC HEALTH SERVICES TO BE RENDERED DURING THE YEAR 2011, AUTHORIZING THE AUDITOR TO CREDIT THE CONSIDERATION PAYABLE UNDER SAID CONTRACT AND TO DEDUCT EQUIVALENT SUMS FROM TAX SETTLEMENTS DUE 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. 2010-69 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. 2010-69 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. 2010-69 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-69 is passed.
 
It was moved by Mr. Frey, seconded by Mr. Ward, that pursuant to O.R.C. 121.22 (G) (3), Council convene in Executive Session (closed to the public) to discuss pending and imminent litigation.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, LoPresti, Ward, Marko
Nays: None.
 
Motion carried.
Council recessed to Executive Session at 8:20 P.M.
Council convened in Executive Session at 8:24 P.M.
 
It was moved by Mr. Frey, seconded by Mr. Ward, that the Executive Session of Council recess and Council reconvene in Regular Session.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, LoPresti, Ward, Marko.
Nays: None.
 
Motion carried.
Council reconvened in Regular Session at 8:39 P.M.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:39 P.M.


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