City of Lyndhurst, Ohio City Council
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January 4, 2011: City Council
AGENDA:

 
ORGANIZATIONAL MEETING of the Council of the City of Lyndhurst, Tuesday, January 4, 2011, at 8:00 P.M., Vice Mayor Joseph A. Marko, 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:
 
ELECTIONS:
 
Vice Mayor for the year 2011.
 
Council's representative to the Planning Commission for 2011 (automatically becomes representative to City Architectural Board of Review)
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, December 6, 2010.
 
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:
 
SECOND READING:
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.
 
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. 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.
 
January 4, 2011: City Council
MINUTES:

 
The Council of the City of Lyndhurst held its Organizational Meeting on Tuesday, January 4, 2011 at 8:07 P.M., Vice Mayor Joseph A. Marko, 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; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; J. C. Borton, Assistant Clerk of Council.
 
Absent: T. P. Kunz, Building Commissioner;
 
The floor was opened to nominations for the position of Vice Mayor for the year 2011.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Lane A. Schlessel be nominated as Vice Mayor for the 2011 calendar year.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Mr. Schlessel is elected Vice Mayor for the year 2011.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that Patrick A. Ward be nominated as Council's Representative to the Planning Commission and to the Architectural Board of Review for the 2011 calendar year.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Mr. Ward is elected as Council's Representative to the Planning Commission and Architectural Board of Review.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that reading of the minutes of the Regular Meeting of Council held Monday, December 6, 2010, 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 reminded all members of Council to schedule their committee meetings to discuss capital requests as soon as possible once committee assignments are made. He also said that the template for line item requests had been distributed to all department heads and that the budget is being prepared for 2011.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey 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 Ward had no report.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
REPORT FROM THE SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Mr. Kent addressed Council regarding the reduced number of calamity days. He said that a procedure had been created where the school system could start two hours later than the normally scheduled time to permit the clearing of city streets and roadways. He also said he is waiting to hear from state representatives regarding school funding and other issues.
 
Mrs. Borton requested that Resolution No. 2011-1 be added to the agenda.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Resolution No. 2011-1 be added to the agenda.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2011-1 is added to the agenda.
 
The meeting was opened to public comment: There were no comments from the public.
 
Mr. Fisher read the following letter for the record:
 
"January 4, 2011
 
TO: Mayor Cicero
All Members of Council
 
The time has come for me to announce an important decision I have made regarding my current status as a Councilman-At-Large in the City of Lyndhurst. I have decided not to run in 2011for re-election for another term in this position or for any other elected office. My reason for making this decision is the declining health of my aging mother whose health care needs will require more of my attention with the passing of time. I plan to continue my current duties as a Councilman and finish my present term of office which ends at the end of 2011. The reason for making this announcement at this time is to give enough time for perspective candidates for this position to adequately plan and campaign for this elected office.
 
Sincerely,
Dale J. Fisher
Lyndhurst Councilman-At-Large"
 
Vice Mayor Marko thanked Mr. Fisher for his service and said he appreciated Mr. Fisher's help.
 
Mr. Schlessel thanked Mr. Marko for serving as Vice Mayor for 2010. Mr. Marko said he appreciated everyone's support during the past year.
 
SECOND READING:
ORDINANCE NO. 2010-77
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING CHAPTER 1170 OF THE CODIFIED ORDINANCES OF THE CITY TO PERMIT ELECTRONIC DISPLAY SIGNS IN THE CITY AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-77 be placed on second reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-77 is placed on second reading.
 
RESOLUTION NO. 2011-1
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-14-107 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AUTHORIZING THE DIRECTOR OF LAW TO TAKE WHATEVER ADDITIONAL STEPS HE DEEMS NECESSARY INCLUDING BUT NOT LIMITED TO PREPARING AND FILING LEGAL ACTION TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-1 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-1 was highlighted by Mrs. Borton, with Section 9 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No. 2011-1 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2011-1 is adopted.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2008-15 be removed from tabled status.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2008-15 is removed from table.
 
Mr. Ward stated that this Ordinance had been tabled since 2008 and felt snow plow operators should be dealt with through the permitting procedure already established in the Police Department.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2008-15 be passed.
 
Roll Call:
 
Yeas: None.
Nays: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
 
Motion carried.
Ordinance No. 2008-15 is defeated.
 
It was moved by Mr. Gambatese, seconded by Mr. Schlessel, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:20 P.M.


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