City of Lyndhurst, Ohio City Council
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May 16, 2011: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, May 16, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; J. C. Borton, Assistant Clerk of Council; H. J. Lensner, Acting Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Special Meeting of Council held Monday, May 2, 2011.
 
Approve Minutes of the Regular Meeting of Council held Monday, May 2, 2011.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - MARKO
 
PLANNING COMMISSION - WARD
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2011-25
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2009-65 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR NON-BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, INCLUDINGMEMBERS OF BOARDS AND COMMISSIONS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2009-65 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-26
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2011, REPEALING ORDINANCE NO. 2011-14 AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-27
INTRODUCED BY: ADMIN
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO JOANNE BORTON FOR SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO AS DEPUTY CLERK OF COUNCIL.
 
ORDINANCE NO. 2011-28
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BY NEWSPAPER PUBLICATION OR INTERNET AUCTION OF FOUR SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES AND DECLARING AN EMERGENCY.
 
TABLED ITEMS:
 
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.
 
May 16, 2011: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, May 16, 2011 at 8:03 P.M., Vice Mayor Lane A. Schlessel, 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; M. J. Carroll, Chief of Fire; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; R. F. Porrello, Chief of Police; J. C. Borton, Assistant Clerk of Council; H. J. Lensner, Acting Assistant Clerk of Council.
 
Absent: T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that reading of the minutes of the Special Meeting of Council held Monday, May 2, 2011, 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.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that reading of the minutes of the Regular Meeting of Council held Monday, May 2, 2011, 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.
 
MAYOR'S REPORT - Mayor Cicero commented on his upcoming voyage to the South Central Asian country of Kyrgyzstan. He thanked Mr. Schlessel for acting as mayor in his stead, and noted his appreciation to all Council Members for their cooperation. Mr. Schlessel thanked Mayor Cicero and wished him safe travels.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report. He discussed with Mr. Glady the progress of the Brainard Sprayground. It was noted that the completion of the project would be further delayed due to inclement weather, and the contractor had asked for another extension.
 
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 Marko had no report.
 
PLANNING COMMISSION - Mr. Ward had no report.
 
The meeting was opened to public comment.
 
E. Dale Inkley, 5126 East Farnhurst, stated that he had read a newspaper article regarding the $750,000 cost of the Sprayground. It was explained by Mr. Ward and the Mayor that there were several components to the project, including the pool demolition, the cement, installation of the equipment and more, the cost of which was funded through a $650,000 bond and other on-hand cash.
 
George DiSanto, 1960 Caronia Drive, representing the Alberta Park Estates Homeowners' Association, expressed great concern about the increased traffic on Brainard Road between Cedar and Mayfield. Mr. DiSanto went into great detail about the problems that Alberta Park residents have exiting the development, no matter the time of day. He went on to describe issues with the ingress and egress of Brainard Road preventing proper visibility for motorists, and the increase in semi-truck and tractor-trailer traffic.
 
Mr. DiSanto further extrapolated, bringing up the subject of the new Brainard Park Sprayground and his concern for the safety of children who intend to visit the facility. Mayor Cicero informed Mr. DiSanto that the Traffic Lieutenant and he would get together to discuss their potential options.
 
Dennis Gustafson, 2907 Westbourne, informed Members of Council of his disappointment that none of them had attended the recent South Euclid-Lyndhurst Board of Education meeting. He also inquired as to the verbiage "longevity compensation" that was used in Ordinance No. 2011-5. Mrs. Kovalchik explained that longevity compensation is a premium of two to five percent that is added to an employee's salary, based on the length of time said employee has worked for the City of Lyndhurst. Mayor Cicero added that this was part of the Collective Bargaining Agreements.
 
Mr. Ward presented the annual Mayor-Council Scholarship to Sonia Nagpaui, a Brush High School student. Miss Nagpaui has been active in various community and school affairs, including Key Club, Spanish Club, Taste of Hillcrest, Lyndhurst Home Days, and Orchestra, all while maintaining a 3.1 grade point average. She will be attending Cleveland State University this fall, and was wished well by all Members of Council and the Mayor.
 
Mr. Ward reminded Members of Council of the Hillcrest Council of Council's breakfast meeting to be held Saturday, May 21, 2011 at 700 Beta Drive; the topic of discussion being Ohio Senate Bill 5.
 
ORDINANCE NO. 2011-25
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING ORDINANCE NO. 2009-65 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR NON-BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, INCLUDING MEMBERS OF BOARDS AND COMMISSIONS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2009-65 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-25 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-25 was highlighted by Ms. Lensner, with Section 14 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-25 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, LoPresti, Ward, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-25 is passed.
 
ORDINANCE NO. 2011-26
INTRODUCED BY: ADMINISTRATION
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2011, REPEALING ORDINANCE NO. 2011-14 AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-26 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-26 was highlighted by Ms. Lensner, with Section 11 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-26 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-26 is passed.
 
RESOLUTION NO. 2011-27
INTRODUCED BY: ADMINISTRATION AND ALL MEMBERS OF COUNCIL
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO JOANNE BORTON FOR SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO AS ASSISTANT CLERK OF COUNCIL.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-27 be placed on second and third reading for final passage and that it be read in its entirety.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-27 was read by Mr. Ward in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-27 be adopted.
 
Mr. Ward described, in great detail, how much Mrs. Borton means to the Members of Council, past and present. He quoted former Councilwoman Eunice Horton as saying, "Joanne has brought fierce dedication and integrity to her position, and has always quickly provided correct answers." Mr. Ward expressed gratitude to Mrs. Borton for her constant assistance in guiding Members of Council in their roles.
 
Mr. Gambatese recalled stories from his grandfather, who was a former Council Member. He called Mrs. Borton a breath of fresh air, and said that his grandfather is happy in Heaven that she now has time to spend with her grandchildren. Mr. Gambatese thanked Joanne for everything she has done for Council.
 
Mayor Cicero called Mrs. Borton the heart and soul of City Hall, and said that she has always guided Council in the right direction. He stated that Mrs. Borton will always be a part of City Hall, and that the shoes needed to be filled are huge.
 
Mrs. Borton expressed her appreciation and love for everything the Mayor and Members of Council have done for her throughout the years, mentioning their unending support of many milestones in her life, and thanked everyone.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-27 is adopted.
 
ORDINANCE NO. 2011-28
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BY NEWSPAPER PUBLICATION OR INTERNET AUCTION OF FOUR 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. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-28 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-28 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-28 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-28 is passed.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:33 P.M.


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