City of Lyndhurst, Ohio City Council
Agendas & Minutes
Print   Close
 
December 6, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, December 6, 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; M. J. Carroll, Chief of Fire; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve minutes of the Special Meeting of Council held Monday, November 15, 2010.
 
Approve Minutes of the Regular Meeting of Council held Monday, November 15, 2010.
 
SWEARING IN: Newly appointed Fire Chief, Michael J. Carroll
 
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. 2010-71
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. 2010-76
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURESOF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2010, REPEALING ORDINANCE NO. 2010-67, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-77
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 1170 OF THE CODIFIED ORDINANCES OF THE CITY TO PERMIT ELECTRONIC DISPLAY SIGNS IN THE CITY AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-78
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT WITH BIALOSKY & PARTNERS, ARCHITECTS, TO PROVIDE ADDITIONAL PROFESSIONAL SERVICES FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-79
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 8 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-80
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 5 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-81
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING THE APPLICATION BY THE MAYOR TO THE NORTHERN OHIO PUBLIC ENERGY COUNCIL (NOPEC) FOR FUNDS TO HELP FUND CAPITAL IMPROVEMENTS TO THE LYNDHURST MUNICIPAL CENTER PURSUANT TO THE POWERING OUR COMMUNITY GRANT PROGRAM.
 
RESOLUTION NO. 2010-82
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING THE APPLICATION BY THE MAYOR TO THE NORTHERN OHIO PUBLIC ENERGY COUNCIL (NOPEC) FOR FUNDS TO HELP FUND CAPITAL IMPROVEMENTS TO THE LYNDHURST MUNICIPAL CENTER FIRE DEPARTMENT PURSUANT TO THE POWERING OUR COMMUNITY GRANT PROGRAM.
 
Correspondence:
 
Ohio Division of Liquor Control for the transfer of Revco Drug Stores Inc., dba CVS Pharmacy 4499 to Ohio CVS Stores LLC dba CVS Pharmacy 4499, 1443 Richmond Road.
 
Request authorization to advertise for bids:
 
Site improvements and installation of Brainard Park Sprayground.
 
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.
 
December 6, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, December 6, 2010, at 8:06 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; M. J. Carroll, Chief of Fire; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance;
 
Absent: T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that reading of the minutes of the Special Meeting of Council held Monday, November 15, 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. Schlessel, that reading of the minutes of the Regular Meeting of Council held Monday, November 15, 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. Gambatese abstaining.
 
The Oath of Office was administered to newly promoted Fire Chief Michael J. Carroll.
 
MAYOR'S REPORT - Mayor Cicero had no report.
 
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 stated that the Service & Sewers Committee had met earlier this evening and that a formal report would be forthcoming and made a part of the permanent record.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
The meeting was opened to public comment: There were no comments from the public.
 
Mr. Ward announced that the Hillcrest Council of Councils is meeting this Saturday morning at Landerhaven and that the topic of conversation is joint fire districts. He said he would RSVP for those interested in attending.
 
Vice Mayor Marko thanked the administration and members of Council who assisted with this year's Holiday Lighting. He said it was very successful and well attended.
 
SECOND READING:
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 rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-71 be placed on third reading and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-71 be amended to reflect a net additional amount of $3,611.00, not $3,985.00.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-71 is amended.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2010-71 be passed as amended.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.  Ordinance No. 2010-71 is passed as amended.
 
ORDINANCE NO. 2010-76
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. 2010-67, 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. 2010-76 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. 2010-76 was highlighted by Mrs. Kovalchik, with Section 10 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2010-76 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-76 is passed.
 
ORDINANCE NO. 2010-77
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING CHAPTER 1170 OF THE CODIFIED ORDINANCES OF THE CITY TO PERMIT ELECTRONIC DISPLAY SIGNS IN THE CITY AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-77 be placed on first reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried. Ordinance No. 2010-77 is placed on first reading.
 
ORDINANCE NO. 2010-78
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT WITH BIALOSKY & PARTNERS, ARCHITECTS, TO PROVIDE ADDITIONAL PROFESSIONAL SERVICES FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, 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. 2010-77 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.
 
Mayor Cicero said that the explanations regarding Ordinance No. 2010-78 and Ordinance No. 2010-79 had not been distributed with Council's packets. He said the information would be made available to Council tomorrow morning, and added that there is justification and funding available. The Mayor apologized for not distributing the information.
 
Ordinance No. 2010-78 was highlighted by Mrs. Kovalchik, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-78 be passed.
 
Mr. Frey asked why there were additional change orders for this project. Mr. Ward said he did have discussion with the Judge regarding the progress and the change orders. He stated that the way the space is being renovated, there were some opportunities presented which were not visualized by the Court during the original planning. He further explained other changes, stating that the Judge is attempting to make the best use of the space that is available, which would enhance the function. There were some aesthetic changes as well, which resulted in use of material in other places. Mr. Ward pointed out that this is the only change order for Bialosky to this point. The Mayor added that every change was made for a good reason and well thought out.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-78 is passed.
 
ORDINANCE NO. 2010-79
INTRODUCED BY: ADAMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 8 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 rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-79 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. 2010-79 was highlighted by Mrs. Kovalchik, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No.2010-79 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-79 is passed.
 
ORDINANCE NO. 2010-80
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 5 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. 2010-80 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. 2010-80 was highlighted by Mrs. Kovalchik, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2010-80 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-80 is passed.
 
RESOLUTION NO. 2010-81
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION RATIFYING THE APPLICATION BY THE MAYOR TO THE NORTHERN OHIO PUBLIC ENERGY COUNCIL (NOPEC) FOR FUNDS TO HELP FUND CAPITAL IMPROVEMENTS TO THE LYNDHURST MUNICIPAL CENTER PURSUANT TO THE POWERING OUR COMMUNITY GRANT PROGRAM.
 
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. 2010-81 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. 2010-81 was highlighted by Mrs. Kovalchik, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2010-81 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-81 is adopted.
 
RESOLUTION NO. 2010-82
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION RATIFYING THE APPLICATION BY THE MAYOR TO THE NORTHERN OHIO PUBLIC ENERGY COUNCIL (NOPEC) FOR FUNDS TO HELP FUND CAPITAL IMPROVEMENTS TO THE LYNDHURST MUNICIPAL CENTER FIRE DEPARTMENT PURSUANT TO THE POWERING OUR COMMUNITY GRANT PROGRAM.
 
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. 2010-82 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. 2010-82 was highlighted by Mrs. Kovalchik, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2010-82 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-82 is adopted.
 
Correspondence from the Ohio Division of Liquor Control for the transfer of C1 and C2 liquor permit from Revco Drug Stores, Inc., dba CVS Pharmacy 4499, 1443 Richmond Road, Lyndhurst, Ohio to Ohio CVS Stores, LLC, dba CVS Pharmacy 4499, 1443 Richmond Road, Lyndhurst, Ohio was noted with no request for hearing.
 
In response to request for same, it was moved by Mr. Ward, seconded by Mr. Fisher, that the Clerk be and she is hereby authorized and directed to advertise for bids for site improvements and installation of Brainard Park Spray Ground.
 
The question was put to a voice vote and passed unanimously.
 
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.


Information provided by:
The City of Lyndhurst, Ohio @ www.lyndhurst-oh.com

on