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

 
ORGANIZATIONAL MEETING of the Council of the City of Lyndhurst, Monday, January 4, 2010, at 8:00 P.M., Vice Mayor Patrick A. Ward, 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:
 
SWEARING IN:
 
Council Representative David A. Frey.
 
ELECTIONS:
 
Vice Mayor for the year 2010
 
Council's representative to the Planning Commission for 2010 (automatically becomes representative to City Architectural Board of Review)
 
Confirmation by Council:
 
Reappointment of Paul T. Murphy, Director of Law;
 
Reappointment of Mary A. Kovalchik, Director of Finance.
 
Swearing In Ceremony: Director of Law;
Director of Finance.
 
Swearing In:
 
Special Police Officer Laura Licursi
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, December 7, 2009.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - SCHLESSEL
 
PLANNING COMMISSION - FREY
 
SOUTH LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2010-1
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 606 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO GENERAL PROVISIONS; ADMINISTRATION AND ENFORCEMENT, BY DELETING SECTION 606.27.
 
ORDINANCE NO. 2010-2
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 612.025 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO RESPONSIBILITIES OF OWNERS OR OCCUPANTS.
 
RESOLUTION NO. 2010-3
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT HEALTH CARE, DENTAL AND LIFE INSURANCE COVERAGE FOR THE EMPLOYEES OF THE CITY AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-4
INTRODUCED BY: MAYOR CICERO AND COUNCIL AS A WHOLE
 
A RESOLUTION REQUESTING THE BOARD OF TRUSTEES OF THE NORTHEAST OHIO REGIONAL SEWER DISTRICT TO FILE A PETITION IN THE COMMON PLEAS COURT SEEKING AUTHORITY TO IMPLEMENT TITLE V OF THE CODE OF REGULATIONS OF THE SEWER DISTRICT TITLED STORMWATER MANAGEMENT CODE, REQUESTING THAT THE ADOPTION BY THE BOARD OF TITLE V BE DEFERRED, AND DECLARING AN EMERGENCY.
 
Approve Recommendation of the Planning Commission:
 
Recommendation is made to Council to approve the request of Ronald A. Fisher, for a minor lot split and consolidation involving Sub Lot 19A, 5260 River Trail and Sub Lot 20A, 5250 River Trail, to be approved as submitted.
 
Recommendation is made to Council to approve a lot consolidation for a new Key Bank to be located on the northeast corner of Brainard and Mayfield Roads.
 
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. 2009-63
INTRODUCED BY: VICE MAYOR WARD AND COUNCILMAN SCHLESSEL
 
AN ORDINANCE AMENDING CHAPTER 1160.04(a)(3) OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING OF RECREATIONAL VEHICLES", AND DECLARING AN EMERGENCY.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2009-05
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2009-05 to deny requested variance to JoAnna Michalos of 5116 Kneale Drive from Chapter 1160.04(a)(2) A & B of the Planning and Zoning Code to permit parking and/or storage of a commercial vehicle outside at any time in plain view. (Tabled 11-16-09)
 
January 4, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst held its Organizational Meeting on Monday, January 4, 2010 at 8:00 P.M., Vice Mayor Patrick A. Ward, 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; J. C. Borton, Assistant Clerk of Council.
 
Absent: T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
All stood for the Pledge of Allegiance.
 
Mayor Cicero administered the Oath of Office to Council Representative David A. Frey.
 
The floor was opened to nominations for the position of Vice Mayor for the year 2010.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that Joseph A. Marko be nominated as Vice Mayor for the 2010 calendar year.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that nominations be closed.
 
The question was put to a voice vote and passed unanimously.
 
Mr. Marko accepted the nomination.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
Mr. Marko is elected Vice Mayor for the year 2010.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that Lane A. Schlessel be nominated as Council's Representative to the Planning Commission and to the Architectural Board of Review for the 2010 calendar year.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that nominations be closed.
 
The question was put to a voice vote and passed unanimously.
 
Mr. Schlessel accepted the nomination.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
Mr. Schlessel is elected as Council's Representative to the Planning Commission and Architectural Board of Review.
 
It was moved by Mr. Schlessel, seconded by Mr. Marko, that the re-appointment of Paul T. Murphy as Director of Law be confirmed.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
Paul T. Murphy is reappointed as Director of Law.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that the re-appointment of Mary A. Kovalchik as Director of Finance be confirmed.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
Mary A. Kovalchik is re-appointed as Director of Finance.
 
The Oath of Office was administered to Paul T. Murphy and Mary A. Kovalchik.
 
The Oath of Office was administered to newly appointed Special Police Officer Laura Licursi.
 
It was moved by Mr. Frey, seconded by Mr. Marko, that reading of the minutes of the Regular Meeting of Council held Monday, December 7, 2009, 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. LoPresti, that Council meet in Special Session on January 18, 2010 and that the regular meeting scheduled to be held on Tuesday, January 19, 2010 be cancelled. Mr. Ward stated that Martin Luther King Day is a Council holiday, but not a City Hall holiday.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero wished everyone a Happy New Year. He thanked Council for their support in requesting that the Northeast Ohio Regional Sewer District defer the proposed rate increase for storm water run off. He did not feel that the plan was a bad idea, but felt the authority needs to be in the right place. He thanked Council for the Resolution which is on this evening's agenda and said he and Mr. Murphy would be attending a meeting at the Sewer District on January 7th and hoped that the vote would be postponed or that no action would be taken at this time.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Fisher 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 Schlessel had no report.
 
PLANNING COMMISSION - Mr. Frey reported on the meeting of the Planning Commission held December 10, 2009. Minutes of that meeting are a part of the permanent record.
 
REPORT FROM THE SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - There was no report from the Board of Education.
 
The meeting was opened to public comment:
 
Richard Clark, 5347 Chickadee Lane, said he was looking at the Plain Dealer and noticed that there was a company looking for a site for 1,000 jobs and wondered whether anyone had told them the wonderful things about Lyndhurst. He thought the jobs could generate a substantial amount of money to help the City. He asked if anyone had made an effort in this regard.
 
Mr. Clark also asked if there was an answer with regard to the number of jobs that the new Key Bank would bring to the City and wondered whether it would generate more or less jobs than were there previously.
 
Yuri Linetsky, 1736 Larkspur, said the City had a female Auxiliary Police Officer in past years, and that he loved the new, large, trash containers and commended the Mayor, Service Director and Vice Mayor.
 
Dwayne Parrish, 5445 Blue Bell, expressed concern that the children on his street were forced to walk in the street when they come home from school because the sidewalks are not cleared. He thought cars could swerve and slide into a child. He felt that sidewalks should be plowed by the City. Mr. Parrish also felt that dogs should be on leashes at all times. He was also concerned that snow plow operators block the fire hydrants. Mayor Cicero responded that the City will plow the sidewalks on the main roads such as Mayfield and Richmond and school zones, but it is the responsibility of the homeowner to keep sidewalks clear. He said that plowing was done in years past, but it caused too many problems with residents and their snow plow operators. The Mayor added that the fire hydrants should be cleared by the owner of the property where the hydrant is located. Captain St. John said the Fire Department has a map showing the location of each hydrant and would be able to locate them in the event of an emergency.
 
With regard to Committee assignments, Mr. Marko stated that those Councilmen who already held their meetings for capital requests for 2010 had expressed a desire to remain on their respective committees. He asked for input from members of Council. Mr. Ward encouraged new chairmen to schedule their meetings as soon as possible.
 
Mr. Frey asked Mr. Glady to update Council on the automated rubbish pickup in view of the recent snow storm. Mr. Glady responded that the program is going very well and that residents had been asked to have their snow plow operators to push snow back a couple of feet to accommodate the rubbish containers. He said there is a runner that goes along with the truck to help when needed. All rubbish is being picked up and the routes are completed early.
 
ORDINANCE NO. 2010-1
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING CHAPTER 606 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO GENERAL PROVISIONS; ADMINISTRATION AND ENFORCEMENT, BY DELETING SECTION 606.27.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-1 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-1 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Marko, that Ordinance No. 2010-1 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-1 is passed.
 
ORDINANCE NO. 2010-2
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING CHAPTER 612.025 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO RESPONSIBILITIES OF OWNERS OR OCCUPANTS.
 
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. 2010-2 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-2 was highlighted by Mrs. Borton, with Section 5 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2010-2 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-2 is passed.
 
RESOLUTION NO. 2010-3
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT HEALTH CARE, DENTAL, AND LIFE INSURANCE COVERAGE FOR THE EMPLOYEES OF THE CITY AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-3 be placed on second and third reading for final adoption, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-3 was highlighted by Mrs. Borton, with Section 7 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Marko, that Resolution No. 2010-3 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Resolution No. 2010-3 is adopted.
 
RESOLUTION NO. 2010-4
INTRODUCED BY: MAYOR JOSEPH M. CICERO, JR. AND COUNCIL AS A WHOLE
 
A RESOLUTION REQUESTING THE BOARD OF TRUSTEES OF THE NORTHEAST OHIO REGIONAL SEWER DISTRICT TO FILE A PETITION IN THE COMMON PLEAS COURT SEEKING AUTHORITY TO IMPLEMENT TITLE V OF THE CODE OF REGULATIONS OF THE SEWER DISTRICT TITLED STORMWATER MANAGEMENT CODE, REQUESTING THAT THE ADOPTION BY THE BOARD OF TITLE V BE DEFERRED, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended, that Resolution No. 2010-4 be read in its entirety and that it be placed on second and third reading for final adoption.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.  Nays: Nays.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-4 was read in its entirety by Mr. Ward.
 
It was moved by Mr. Marko, seconded by Mr. LoPresti, that Resolution No. 2010-4 be adopted.
 
In answer to Mr. Gambatese's question, Mayor Cicero stated that other Mayors also oppose this proposal by the Sewer District and that our City Engineer, who represents several communities, had also gone on record in opposition to the action of the Sewer District. He said he was not sure that other councils had adopted similar resolutions.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Marko, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Resolution No. 2010-4 is adopted.
 
Mr. Ward stated that the City of Lyndhurst is well ahead of the curve, has stepped up in innumerable ways and spent many millions of dollars to update our infrastructure.
 
Approve Recommendation of the Planning Commission:
 
Recommendation is made to Council to approve the request of Ronald A. Fisher, for a minor lot split and consolidation involving Sub Lot 19A, 5260 River Trail and Sub Lot 20A, 5250 River Trail, to be approved as submitted.
 
It was moved by Mr. Marko, seconded by Mr. Fisher, that Council approve the recommendation of the Planning Commission and request of Ronald A. Fisher, for a minor lot split and consolidation involving Sub Lot 19A, 5260 River Trail and Sub Lot 20A, 5250 River Trail, to be approved as submitted.
 
The question was put to a voice vote and passed unanimously.
 
Recommendation is made to Council to approve a lot consolidation for a new Key Bank to be located on the northeast corner of Brainard and Mayfield Roads.
 
It was moved by Mr. Schlessel, seconded by Mr. Fisher, that Council approve the recommendation of the Planning Commission for a lot consolidation for a new Key Bank to be located on the northeast corner of Brainard and Mayfield Roads.
 
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 8:40 P.M.


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