City of Lyndhurst, Ohio City Council
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November 15, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, November 15, 2010, at 8:00 PM, 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, November 1, 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:
 
ORDINANCE NO. 2010-70
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD BEGINNING JANUARY 1, 2011 AND ENDING MARCH 31, 2011, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-71
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 7 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-72
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BY NEWSPAPER PUBLICATION OR BY INTERNET AUCTION OF THREE SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-73
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BY NEWSPAPER PUBLICATION OR BY INTERNET AUCTION OF SIX SURPLUS MOTOR VEHICLES AND SERVICE EQUIPMENT, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-74
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH LONGO SEWER CONSTRUCTION CO. FOR THE 2009 SEWER REPAIR PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-75
INTRODUCED BY: ADMIN
 
A RESOLUTION CALLING FOR A ONE YEAR MORATORIUM BY THE NORTHEAST OHIO REGIONAL SEWER DISTRICT ON SEWER RATE INCREASES, 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 15, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, November 15, 2010, at 8:04 P.M., Vice Mayor Joseph A. Marko presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, 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; M. J. Carroll, Chief of Fire; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; J. C. Borton, Assistant Clerk of Council.
 
Absent: Council Representative: J. A. Gambatese; 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, November 1, 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 announced that Michael Carroll had been promoted to the position of Fire Chief and was sworn in last week. He will be ceremoniously sworn in at the Council meeting on December 6th.
 
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 will be forthcoming and 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 made some changes to the minutes of the Sewers & Service Committee meeting held November 1, 2010.
 
He called a meeting of the Service & Sewers Committee to be held on Monday, December 6, 2010 at 7:30 P.M. to discuss capital requests for 2011. In addition to the committee and any other interested Members of Council, Rick Glady, Mary Kovalchik and Jeff Filarski were invited to attend, as well as Mayor Cicero.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report.
 
PLANNING COMMISSION - Mr. Schlessel had no report. He complimented Councilman Frey, Service Director, Rick Glady and City Engineer, Jeff Filarski for their hard work on the presentation for the upcoming Spray Ground.
 
The meeting was opened to public comment: There were no comments from the public or from Members of Council.
 
ORDINANCE NO. 2010-70
INTRODUCED BY: ADMINISTRATION
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD BEGINNING JANUARY 1, 2011 AND ENDING MARCH 31, 2011, 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. 2010-70 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-70 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. 2010-70 be passed.
 
Mr. Ward stated that this ordinance is the temporary appropriation for the first quarter of 2011.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-70 is passed.
 
ORDINANCE NO. 2010-71
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 7 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-71 be placed on first reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-71 is placed on first reading.
 
ORDINANCE NO. 2010-72
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BYNEWSPAPER PUBLICATION OR BY INTERNET AUCTION OF THREE SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES, 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. 2010-72 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-72 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. 2010-72 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-72 is passed.
 
ORDINANCE NO. 2010-73
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BY NEWSPAPER PUBLICATION OR BY INTERNET AUCTION OF SIX SURPLUS MOTOR VEHICLES AND SERVICE EQUIPMENT, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES, 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. 2010-73 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-73 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. 2010-73 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-73 is passed.
 
ORDINANCE NO. 2010-74
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 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. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-74 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Ordinance No. 2010-74 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. 2010-74 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-74 is passed.
 
RESOLUTION NO. 2010-75
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION CALLING FOR A ONE YEAR MORATORIUM BY THE NORTHEAST OHIO REGIONAL SEWER DISTRICT ON SEWER RATE INCREASES, 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, that Resolution No. 2010-75 be placed on second and third reading for final adoption and that it be read in its entirety.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-75 was read in its entirety by Mr. Ward.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Resolution No. 2010-75 be adopted.
 
Mr. Ward stated that the Sewer District has negotiated a consent decree with the Environmental Protection Agency for Project Clean Lake, and if signed the consent decree is going to saddle the member communities of the NEORSD with a $3 billion dollar project list and specific remedies which they have identified. He said they have not shown that they have looked at other options. He and Mr. Schlessel attended a public meeting held in South Euclid where concerned residents were upset at the prospect of having their sewer bills go up 15% to 18% per year for each of the next 20 years and with the language of the advertisement which indicated that their sewer bills would increase "significantly". He said the remedy the District is outlining is a tunneling project designed to address the Combined Sewer Overflows which were once 9 billion gallons per year but have been significantly reduced since 1972, by half, to 4.5 billion gallons. He explained that part of the reduction that has been realized is through the investment this Council has made of over $12,000,000.00 of taxpayer money in reducing the infiltration of storm water into sanitary sewer lines. He said combined sewers are in the oldest sections of the sewer district region (City of Cleveland and in small sections of inner ring suburbs). He indicated the District is outlining an estimated $3,000,000,000.00 program to address these 4.5 billion gallons and thought they should look at some alternatives such as changing the combined sewers to separated sewers. Mr. Ward said the companies that perform the kind of sewer work that was done in Lyndhurst are plentiful and the companies that do the specialized tunneling are very few which will not allow for much flexibility in pricing and will not assure that local companies and local workers will be able to do the work. He said this mandate to reduce combined sewer overflows is not just for the Cleveland area; there are many cities in Ohio in the Midwest and East that have combined sewers that are under the same pressure. Mr. Ward was concerned that there has been minimal input from communities affected by this mandate until this "11th hour" blitz to roll out this one option. He felt communities need to make sure the Sewer District does not sign the consent decree, and gives the member communities the opportunity to comment.
 
Roll Call:
 
Yeas: Fisher, Frey, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-75 is adopted.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:34 P.M.


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