City of Lyndhurst, Ohio City Council
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February 7, 2011: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, February 7, 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.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Special Meeting of Council held Monday, January 17, 2011.
 
Approve Minutes of the Regular Meeting of Council held Monday, January 17, 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
 
SOUTH EUCLID/LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2011-6
INTRODUCED BY: ADMIN
 
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $750,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING STREETS BY RESURFACING, PAVING WITH CONCRETE AND MAKING OTHER IMPROVEMENTS AS DESIGNATED IN THE PLANS APPROVED OR TO BE APPROVED BY COUNCIL, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-7
INTRODUCED BY: COUNCIL
 
AS A WHOLE AN ORDINANCE PLACING A TEMPORARY MORATORIUM ON THE GRANTING OF ANY PERMITS ALLOWING THE OPERATION OF INTERNET CAFES IN THE CITY, OR PERMITS ALLOWING BUSINESSES TO DEVOTE FLOOR SPACE TO INTERNET BASED SWEEPSTAKES GAMES IN THE CITY, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-8
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF CUYAHOGA COUNTY, OHIO AND THE CUYAHOGA REGIONAL INFORMATION SYSTEM BOARD OF ADVISORS TO EXTEND THE CURRENT CUYAHOGA REGIONAL INFORMATION SYSTEM ("CRIS") AGREEMENT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-9
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH PHIL MILLER CONSTRUCTION FOR THE 2010 CONCRETE AND CATCH BASIN PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-10
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH PHIL MILLER CONSTRUCTION FOR THE 2010 CONCRETE AND CATCH BASIN REPAIR PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT 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.
 
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.
(Referred to Planning Commission 1-17-11).
 
February 7, 2011: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, February 7, 2011 at 8:05 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; M. J. Carroll, Chief of Fire; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; F. E. Glady III, Director of Service; J. C. Borton, Assistant Clerk of Council.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that reading of the minutes of the Special Meeting of Council held Monday, January 17, 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. Marko, seconded by Mr. Ward, that reading of the minutes of the Regular Meeting of Council held Monday, January 17, 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 had no report.
 
FINANCE COMMITTEE - Chairman Ward had no report. He reminded members of Council of the Finance Committee meeting to be held on Wednesday, February 23, 2011 at 6:30 P. M. to discuss 2011 appropriations.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey reported on the meetings of the Public Lands & Buildings Committee held earlier this evening. Minutes of those meetings will be forthcoming and made a part of the permanent record.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese reported on the meeting of the Roads & Utilities Committee held earlier this evening. A copy of said report will be forthcoming and made a part of the permanent record.
 
SAFETY COMMITTEE - Chairman LoPresti had no report. He said he would be meeting with both Chiefs this week and would schedule a meeting of the Safety Committee to be held prior to February 16th.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Marko had no report.
 
PLANNING COMMISSION - Mr. Ward reported that the Planning Commission met on Thursday, January 27th to discuss Ordinance No. 2010-77 regarding electronic display signs. He indicated the Commission would be meeting again in Workshop Session on February 24th to continue discussion.
 
SOUTH EUCLID LYNDHURST BOARD OF EDUCATION - Mr. Kent had no report.
 
The meeting was opened to public comment:
 
Richard Clark, 5347 Chickadee Lane, said he was researching the City's website and wondered why there was a delay in posting minutes to the website. Mayor said posting of the minutes is done as a courtesy and that it is being updated at this time. He indicated minutes are always available at City Hall for review.
 
Vice Mayor Schlessel reminded everyone that the Business Expo sponsored by the Heights Hillcrest Chamber of Commerce would be held Thursday, May 12 from 3:00 P.M. until 7:00 P.M. at 700 Beta Banquet and Conference Center located at the new Hilton Garden Inn.
 
ORDINANCE NO. 2011-6
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $750,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS TO PAY COSTS OF IMPROVING STREETS BY RESURFACING, PAVING WITH CONCRETE AND MAKING OTHER IMPROVEMENTS AS DESIGNATED IN THE PLANS APPROVED OR TO BE APPROVED BY COUNCIL, AND DECLARING AN EMERGENCY.
 
It was noted that the Fiscal Officer's Certificate had been distributed to all Members of Council.
 
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. 2011-6 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. 2011-6 was highlighted by Mrs. Borton, with Section 16 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-6 be passed.
 
Mayor Cicero commented that there will be an estimated surplus of approximately $240,000.00 in the Permanent Improvement Fund at the end of the year, so there is no need to borrow the full $1,000,000.00 to fund this year's project.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-6 is passed.
 
ORDINANCE NO. 2011-7
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE PLACING A TEMPORARY MORATORIUM ON THE GRANTING OF ANY PERMITS ALLOWING THE OPERATION OF INTERNET CAFE?S IN THE CITY, OR PERMITS ALLOWING BUSINESSES TO DEVOTE FLOOR SPACE TO INTERNET BASED SWEEPSTAKES GAMES IN THE CITY, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Frey, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-7 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. 2011-7 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-7 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-7 is passed.
 
ORDINANCE NO. 2011-8
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF CUYAHOGA, OHIO AND THE CUYAHOGA REGIONAL INFORMATION SYSTEM BOARD OF ADVISORS TO EXTEND THE CURRENT CUYAHOGA REGIONAL INFORMATION SYSTEM ("CRIS") AGREEMENT, 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. 2011-8 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. 2011-8 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that Ordinance No. 2011-8 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-8 is passed.
 
ORDINANCE NO. 2011-9
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH PHIL MILLER CONSTRUCTION FOR THE 2010 CONCRETE AND CATCH BASIN REPAIR PROGRAM, 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. 2011-9 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. 2011-9 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-9 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-9 is passed.
 
ORDINANCE NO. 2011-10
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH PHIL MILLER CONSTRUCTION FOR THE 2010 CONCRETE AND CATCH BASIN REPAIR PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT 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. 2011-10 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. 2011-10 was highlighted by Mrs. Borton, with Section 6 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-10 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-10 is passed.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:25 P.M.


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