City of Lyndhurst, Ohio City Council
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August 1, 2011: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, August 1, 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.
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Tuesday, July 5, 2011.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
VICE MAYOR'S REPORT - SCHLESSEL
 
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:
 
THIRD READING
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. 2011-44
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING PARTICIPATION IN THE OHIO ASSOCIATION OF PUBLIC TREASURERS WORKERS COMPENSATION GROUP RATING PROGRAM, AUTHORIZING AN AGREEMENT WITH CARE WORKS CONSULTANTS, INC. AS PART OF PARTICIPATION IN SUCH PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-45
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTIONS 925.01 AND 925.02 OF CHAPTER 925 OF THE CODIFIED ORDINANCES TO ESTABLISH A RATE AND CHARGE OF RENTS TO BE PAID FOR THE USE OF THE SYSTEM OF SEWERAGE IN THE CITY OF LYNDHURST FOR TAX YEARS 2011, 2012 AND 2013 AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-46
INTRODUCED BY: ADMIN
 
AN ORDINANCE TO PROVIDE FOR THE ASSESSMENT AND MAINTENANCE CHARGE OF THE COST AND EXPENSE OF LIGHTING CERTAIN STREETS, PUBLIC ROADS AND PARTS THEREOF, IN THE CITY OF LYNDHURST FOR THE TAX YEARS 2011, 2012 AND 2013 AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-47
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LYNDHURST FIREFIGHTERS ASSOCIATION, LOCAL 1676 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AND RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-48
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (SERVICE DEPARTMENT), AND RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-49
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (BUILDING DEPARTMENT), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-50
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (FINANCE DEPARTMENT), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-51
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 141.01 OF THE CODIFIED ORDINANCES OF THE CITY.
 
ORDINANCE NO. 2011-52
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 10 WITH LAKELAND MANAGEMENT SYSTEMS, INC. FOR THE LYNDHURST MUNICIPAL COURT RENOVATION PROJECT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-53
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2011-13 REGARDING SWIMMING POOL ADMISSION FEES.
 
ORDINANCE NO. 2011-54
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH KONSTRUCTION KING, INC. FOR THE 2011 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-55
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH KONSTRUCTION KING, INC. FOR THE 2011 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-56
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-57
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 5 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-58
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 6 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-59
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 7 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-60
INTRODUCED BY: COUNCILMAN WARD
 
AN ORDINANCE PARTIALLY SUSPENDING THE RULES AND REGULATIONS REGARDING THE SALE, POSSESSION AND CONSUMPTION OF BEER AND WINE AT THE LYNDHURST HOME DAYS FOR 2011 AND DECLARING AN EMERGENCY.
 
Planning Commission Recommendations:
 
Recommendation is made to Council to approve the revised plans amending a Cluster House Development located at the Acacia Country Club Estates.
 
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.
 
August 1, 2011: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, August 1, 2011 at 8:03 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: 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. Holtz, Fire Captain; H. J. Lensner, Assistant Clerk of Council.
 
Absent: D. A. Frey, Council Representative; J. M. Cicero, Jr., Mayor; M. J. Carroll, Chief of Fire; T. P. Kunz, Building Commissioner.
 
Mr. Schlessel noted that Mr. Frey's absence was expected.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that reading of the minutes of the Regular Meeting of Council held Tuesday, July 5, 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.
 
MAYOR'S REPORT - Mayor Cicero was not present at the meeting; therefore, he had no report.
 
VICE MAYOR'S REPORT - Vice Mayor Schlessel reported that Winchester Road's progress was moving quite fast, and that the traffic pattern in that area had improved greatly.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey was not present at the meeting; therefore, he had no report.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report; however, he announced the Gates Mills Club Charity Event, which will be occurring on Saturday, August 13th from 1:00 to 5:00.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Marko had no report.
 
PLANNING COMMISSION - Chairman Ward reported that the Planning Commission did meet on Tuesday, July 26th to revisit the Cluster House Development proposal located at the Acacia Country Club Estates. The Commission discussed and reviewed the amended plans, which were quite different from what was presented in June. Mr. Ward stated that wonderful progress was made in workshops that had been held, and that culminated in the Planning Commission's recommendation to Council to approve the plans as they were presented at the meeting.
 
The meeting was opened to public comment.
 
Elyzabeth DeGiovanni, 5169 Thornbury, addressed the Building Department regarding an above-ground pool at the southeast corner of Richmond and Thornbury. Ms. DeGiovanni stated that the pool has no fencing around it and was a potential danger to children and animals, describing it as a disaster waiting to happen. Mr. Schlessel stated that he would express her concerns at the next Building Department meeting.
 
Lynda Gillinov, 5200 Three Village Drive, described a lot that she owns in Lyndhurst that she would like to donate to the City. She distributed information to Members of Council that included the deed to, and photos of, the property, stating that the lot is totally unusable. Ms. Gillinov also said that she has been paying taxes on the lot, and that the current residents of the nearby house take care of it.
 
Mr. Murphy replied, saying that he had been in contact with Ms. Gillinov regarding the property. He suggested that a logical person to take over the lot would be the individual who is taking care of it.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Stefanie Rhine described finance issues, stating that the Board was waiting for a decision from the State regarding how much money they were going to receive. She expressed her concern over the $9.4 million deficit that was highlighted in the governor's budget plan. Ms. Rhine said that due to the goodwill of several unions and the administrative staff, the Board had been able to renegotiate contracts, which has been beneficial for the schools.
 
Ms. Rhine elaborated further, mentioning that they were a recipient of a Race-to-the-Top grant, and that they were one of 46 districts who are receiving additional funds because of innovative programs at the schools. The schools are also receiving a grant through the Farm-to-Fork program, which began last year when fresh salads, fruits and vegetables were brought to the schools.
 
Ms. Rhine concluded by stating that the results of an August survey would be used to fine tune the goals for the coming school year. She also stated that school would begin on Wednesday, August 24th.
 
Mr. Marko discussed the upcoming Home Days event, which will be taking place on September 9, 10 and 11, 2011, describing the addition of Lolly the Trolley to the event. Mr. Ward expressed his approval of such an addition, saying that the historic trolley tours and concert in the park would be excellent.
 
THIRD 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. LoPresti, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2011-30 be placed on third reading for final passage.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-30 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-30 is passed.
 
ORDINANCE NO. 2011-44
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING PARTICIPATION IN THE OHIO ASSOCIATION OF PUBLIC TREASURERS WORKERS COMPENSATION GROUP RATING PROGRAM, AUTHORIZING AN AGREEMENT WITH CARE WORKS CONSULTANTS, INC. AS PART OF PARTICIPATION IN SUCH PROGRAM, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-44 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-44 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2011-44 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-44 is passed.
 
ORDINANCE NO. 2011-45
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING SECTIONS 925.01 AND 925.02 OF CHAPTER 925 OF THE CODIFIED ORDINANCES TO ESTABLISH A RATE AND CHARGE OF RENTS TO BE PAID FOR THE USE OF THE SYSTEM OF SEWERAGE IN THE CITY OF LYNDHURST FOR TAX YEARS 2011, 2012 AND 2013 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. 2011-45 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-45 was highlighted by Ms. Lensner, with Section 3 being read in its entirety.
 
Mr. Ward explained that this Ordinance was part of a standard procedure done every three years, and that the sewer assessment is staying the same as it has been over the past three years.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-45 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
 
Nays: None.
 
Motion carried.
Ordinance No. 2011-45 is passed.
 
ORDINANCE NO. 2011-46
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE TO PROVIDE FOR THE ASSESSMENT AND MAINTENANCE CHARGE OF THE COST AND EXPENSE OF LIGHTING CERTAIN STREETS, PUBLIC ROADS AND PARTS THEREOF, IN THE CITY OF LYNDHURST FOR THE TAX YEARS 2011, 2012 AND 2013 AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-46 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-46 was highlighted by Ms. Lensner, with Section 9 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that Ordinance No. 2011-46 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-46 is passed.
 
RESOLUTION NO. 2011-47
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LYNDHURST FIREFIGHTERS ASSOCIATION, LOCAL 1676 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AND RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, 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 Resolution No. 2011-47 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-47 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Resolution No. 2011-47 be adopted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-47 is adopted.
 
RESOLUTION NO. 2011-48
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (SERVICE DEPARTMENT), AND RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, 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 Resolution No. 2011-48 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-48 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
 
It was moved by Mr. Fisher, seconded by Mr. Ward, that Resolution No. 2011-48 be adopted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-48 is adopted.
 
RESOLUTION NO. 2011-49
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (BUILDING DEPARTMENT), AND RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, 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 Resolution No. 2011-49 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-49 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-49 be adopted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-49 is adopted.
 
RESOLUTION NO. 2011-50
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (FINANCE DEPARTMENT), AND RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, 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 Resolution No. 2011-50 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-50 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Resolution No. 2011-50 be adopted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-50 is adopted.
 
FIRST READING
ORDINANCE NO. 2011-51
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING SECTION 141.01 OF THE CODIFIED ORDINANCES OF THE CITY.
 
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 and that Ordinance No. 2011-51 be placed on first reading.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
ORDINANCE NO. 2011-52
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 10 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. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-52 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-52 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that Ordinance No. 2011-52 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-52 is passed.
 
ORDINANCE NO. 2011-53
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING ORDINANCE NO. 2011-13 REGARDING SWIMMING POOL ADMISSION FEES.
 
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. 2011-53 be amended to read, "Single admission fees for non-residents shall be four dollars per person", that it be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-53 was highlighted by Ms. Lensner, with Sections 2 and 3 being read in their entirety.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that Ordinance No. 2011-53 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-53 (Amended) is passed.
 
Mr. Murphy announced that five of the next six pieces of legislation contained minor changes and explained said changes. He further stated that all of the Ordinances had been corrected prior to the meeting.
 
ORDINANCE NO. 2011-54
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH KONSTRUCTION KING, INC. FOR THE 2011 CONCRETE REPAIR PROGRAM, 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. 2011-54 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-54 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-54 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-54 is passed.
 
ORDINANCE NO. 2011-55
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH KONSTRUCTION KING, INC. FOR THE 2011 CONCRETE REPAIR PROGRAM, 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. 2011-55 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-55 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-55 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-55 is passed.
 
ORDINANCE NO. 2011-56
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 4 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND 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. 2011-56 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-56 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. 2011-56 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-56 is passed.
 
ORDINANCE NO. 2011-57
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 5 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND 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. 2011-57 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-57 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. 2011-57 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-57 is passed.
 
ORDINANCE NO. 2011-58
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 6 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND 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. 2011-58 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-58 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. 2011-58 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-58 is passed.
 
ORDINANCE NO. 2011-59
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 7 WITH BROOKSIDE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE BRAINARD PARK SPRAYGROUND 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. 2011-59 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-59 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-59 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-59 is passed.
 
ORDINANCE NO. 2011-60
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE PARTIALLY SUSPENDING THE RULES AND REGULATIONS REGARDING THE SALE, POSSESSION AND CONSUMPTION OF BEER AND WINE AT THE LYNDHURST HOME DAYS FOR 2011 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. 2011-60 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-60 was highlighted by Ms. Lensner, with Section 3 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-60 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-60 is passed.
 
Approve Recommendation of the Planning Commission:
 
Recommendation is made to Council to approve the revised plans amending a Cluster House Development located at the Acacia Country Club Estates.
 
Mr. Fisher addressed Mr. Ward, asking if any residents had complained about the proposal or if they liked what they saw. Mr. Ward explained the distribution of the duplex units, stating that the original plan called for 17 units, while the revised plan calls for 18. Mr. Ward further stated that one disagreement was regarding the definition of a single-family home. He said that each of these units is on an individually-deeded lot, and that there was an agreement to disagree on that one point. Mr. Ward expressed his hope that this will enable the project to get off the ground, and ultimately he believed the residents liked what they saw.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Council approve the recommendation of the Planning Commission with regard to the revised plans amending a Cluster House Development located at the Acacia Country Club Estates.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
 
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 8:48 P.M.


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