City of Lyndhurst, Ohio City Council
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June 6, 2011: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, June 6, 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; H. J. Lensner, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Special Meeting of Council held Monday, May 16, 2011.
 
Approve Minutes of the Regular Meeting of Council held Monday, May 16, 2011.
 
SWEARING IN:
 
New Patrolman Robert Papp;
 
New Patrolman Vito Silvestro.
 
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
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2011-29
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2011-25 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATE 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. 2011-25 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-30
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 432.41 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO USE OF EARPHONES WHILE DRIVING AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-31
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 1335 OF THE CODIFIED ORDINANCES OF THE CITY TITLES "EROSION AND SEDIMENT CONTROL" AND DECLARING AN EMERGENCY,
 
ORDINANCE NO. 2011-32
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 1337 OF THE CODIFIED ORDINANCES OF THE CITY TITLED "COMPREHENSIVE STORM WATER MANAGEMENT" AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-33
INTRODUCED BY: COUNCILMAN SCHLESSEL
 
AN ORDINANCE PROVIDING FOR THE COMPENSATION OF THE MAYOR FOR THE TERM COMMENCING ON JANUARY 1, 2012 AND CONTINUING THEREAFTER, AND AMENDING ORDINANCE NO. 2007-50 (AMENDED).
 
ORDINANCE NO. 2011-34
INTRODUCED BY: COUNCILMAN SCHLESSEL
 
AN ORDINANCE PROVIDING FOR THE COMPENSATION OF CERTAIN MEMBERS OF COUNCIL FOR THE TERM COMMENCING ON JANUARY 1, 2012 AND CONTINUING THEREAFTER, AND AMENDING ORDINANCE NO. 2007-51 (AMENDED).
 
ORDINANCE NO. 2011-35
INTRODUCED BY: ADMIN
 
AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-36
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING IT NECESSARY TO CONSTRUCT OR REPAIR SIDEWALKS WITHIN THE MUNICIPAL CORPORATION BY THE OWNERS OF THE LOTS AND LANDS ABUTTING THEREON AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-37
INTRODUCED BY: ADMIN
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO OFFICER ROBERT SEDLAK FOR SERVICE RENDERED FOR, TO AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO AS A LAW ENFORCEMENT OFFICER.
 
REQUEST AUTHORIZATION TO ADVERTISE FOR BIDS:
 
2011 Sidewalk Repair Program.
 
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.
 
June 6, 2011: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, June 6, 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, 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: Joseph A. Marko, Council Representative; T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that reading of the minutes of the Special Meeting of Council held Monday, May 16, 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 unanimously.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that reading of the minutes of the Regular Meeting of Council held Monday, May 16, 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 unanimously.
 
The Oath of Office was administered to newly-promoted Patrolmen Vito Silvestro and Robert Papp.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that Resolution No. 2011-37 be moved in the Agenda so the police officers in attendance would not have to sit through the entire meeting.
 
The question was put to a voice vote and passed unanimously.
 
RESOLUTION NO. 2011-37
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO OFFICER ROBERT SEDLAK FOR SERVICE RENDERED FOR, TO AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO AS A LAW ENFORCEMENT OFFICER.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-37 be placed on second and third reading for final passage and that it be read in its entirety.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-37 was read by Ms. Lensner in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that Resolution No. 2011-37 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-37 is adopted.
 
MAYOR'S REPORT - Mayor Cicero welcomed Boy Scout Troop 424 to the meeting and thanked them for their attendance. The Mayor then commented on his recent trip to the South Central Asian country of Kyrgyzstan, expressing that it was quite enlightening and made him realize how lucky we are in our country for everything that we have. He thanked Mr. Schlessel very much for running the City while he was gone, and hinted that he will soon have a blog and/or slideshow of his adventure.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report. He mentioned that he had spoken with the Service Director earlier in the day with regards to the progress of the Brainard Sprayground. Mr. Frey indicated that most of the concrete had been poured, the equipment installation has begun, and the projected date for a soft opening is the July 4th weekend. In response to Mr. Ward's inquiry regarding a celebration of the opening, Mr. Frey stated that the Mayor said he had something under his hat.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report. He stated that he will be planning a meeting to discuss personnel to be held, potentially, in one week's time.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
PLANNING COMMISSION - Mr. Ward had no report.
 
Mr. Schlessel noted that since there was no representative present from the South Euclid-Lyndhurst Board of Education, that report would be skipped.
 
The meeting was opened to public comment.
 
Marsha Tucker, 1955 Camberly, told Council that she is a new resident of Lyndhurst and very impressed with the community. She thanked Mr. Schlessel for being responsive to the concerns she has had on her street. Ms. Tucker further elaborated, describing a health issue she experienced. She wished to thank the Police Chief and his staff for their compassion when she called 911 and needed transportation to the hospital. The Mayor informed Ms. Tucker that Fire Chief Carroll is the boss of those men; she then thanked the Fire Chief.
 
ORDINANCE NO. 2011-29
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING ORDINANCE NO. 2011-25 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. 2011-25 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Frey, 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, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-29 was highlighted by Ms. Lensner, with Section 14 being read in its entirety.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese, that Ordinance No. 2011-29 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-29 is passed.
 
FIRST READING
ORDINANCE NO. 2011-30
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING SECTION 432.41 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO USE OF EARPHONES WHILE DRIVING AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2011-30 be placed on first reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2011-30 be referred to the Legislative Committee.
 
The question was put to a voice vote and passed unanimously.
 
ORDINANCE NO. 2011-31
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING CHAPTER 1335 OF THE CODIFIED ORDINANCES OF THE CITY TITLED "EROSION AND SEDIMENT CONTROL" AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-31 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-31 was highlighted by Ms. Lensner, with Sections 2 and 3 being read in their entirety.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-31 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-31 is passed.
 
ORDINANCE NO. 2011-32
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING CHAPTER 1337 OF THE CODIFIED ORDINANCES OF THE CITY TITLED "COMPREHENSIVE STORM WATER MANAGEMENT" AND DECLARING AN EMERGENCY
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-32 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-32 was highlighted by Ms. Lensner, with Sections 2 and 3 being read in their entirety.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-32 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-32 is passed.
 
ORDINANCE NO. 2011-33
INTRODUCED BY COUNCILMAN SCHLESSEL
 
AN ORDINANCE PROVIDING FOR THE COMPENSATION OF THE MAYOR FOR THE TERM COMMENCING ON JANUARY 1, 2012 AND CONTINUING THEREAFTER, AND AMENDING ORDINANCE NO. 2007-50 (AMENDED).
 
It was moved by Mr. Ward, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-33 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-33 was highlighted by Ms. Lensner, with Sections 4 and 5 being read in their entirety.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that Ordinance No. 2011-33 be passed.
 
Mr. Ward commented that both Ordinance Nos. 2011-33 and 2011-34 do not change the salaries of said positions, noting that a zero percent change had been maintained in both regards.
 
Mr. Gambatese expressed his concern regarding the Mayor's salary, stressing that his statements were not a personal attack and that he had no hidden, personal or political agenda. He stated that in a four-year period, the Mayor's salary has had a 50.73% increase. Mr. Gambatese described his relationship with the Mayor, saying that they'd never be the best of friends; however, the City's best interests would always be put first. He further elaborated by touching on several points regarding the City's financial state, including the City's flat tax, the State's desire to take away estate tax in 2013, and the opinions of Lyndhurst residents. Mr. Gambatese concluded by encouraging further examination into the ordinance before a final vote.
 
Mr. Ward stated that there had already been adequate time to present any positions regarding this ordinance, and that due to time constraints it should not be discussed further. He noted that while it was all well and good to pontificate about the matter, no one pontificated when the Council summarily reduced the Mayor's pay by $30,000. Mr. Ward concluded by stating that everyone has had to work harder, including and especially the Mayor, and that he expects the Mayor will earn his pay.
 
Roll Call:
 
Yeas: Fisher, Frey, Ward, LoPresti, Schlessel.
Nays: Gambatese.
 
Motion carried.
Ordinance No. 2011-33 is passed.
 
ORDINANCE NO. 2011-34
INTRODUCED BY: COUNCILMAN SCHLESSEL
 
AN ORDINANCE PROVIDING FOR THE COMPENSATION OF CERTAIN MEMBERS OF COUNCIL FOR THE TERM COMMENCING ON JANUARY 1, 2012 AND CONTINUING THEREAFTER, AND AMENDING ORDINANCE NO. 2007-51 (AMENDED).
 
It was moved by Mr. Ward, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-34 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-34 was highlighted by Ms. Lensner, with Sections 4 and 5 being read in their entirety.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-34 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-34 is passed.
 
ORDINANCE NO. 2011-35
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-35 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-35 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-35 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-35 is passed.
 
RESOLUTION NO. 2011-36
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING IT NECESSARY TO CONSTRUCT OR REPAIR SIDEWALKS WITHIN THE MUNICIPAL CORPORATION BY THE OWNERS OF THE LOTS AND LANDS ABUTTING THEREON AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-36 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-36 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Resolution No. 2011-36 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-36 is adopted.
 
In response to request for same, it was moved by Mr. Ward, seconded by Mr. LoPresti, that the Clerk be and she is hereby authorized and directed to advertise for bids for the 2011 Sidewalk Repair Program.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Ward, 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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