City of Lyndhurst, Ohio City Council
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REGULAR MEETING of the Council of the City of Lyndhurst, Monday, March 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 Regular Meeting of Council held Monday, February 21, 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:
 
SECOND READING
ORDINANCE NO. 2011-11
INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
 
AN ORDINANCE AMENDING CHAPTER 1385 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "BASIC STANDARD FOR RESIDENTIAL OCCUPANCY" BY AMENDING SECTION 1385.12 REGARDING ELEVATORS, AND DECLARING AN EMERGENCY.
 
SECOND READING:
ORDINANCE NO. 2011-12
INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
 
AN ORDINANCE AMENDING CHAPTER 1387 OF THE CODIFIED ORDINANCES OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ADDITIONAL STANDARDS FOR MULTIPLE DWELLINGS" BY ENACTING SECTION 1387.021 REGARDING ELEVATORS, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-13
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO.2010-8 REGARDING SWIMMING POOL ADMISSION FEES.
 
ORDINANCE NO. 2011-14
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. 2010-70, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-15
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1385.03 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO DWELLING UNIT STANDARDS AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-16
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE CUYAHOGA COUNTY MUNICIPAL ENERGY PROGRAM (MEP) AND O EXECUTE CONTRACTS AS REQUIRED.
 
RESOLUTION NO. 2011-17
INTRODUCED BY: ADMIN
 
AN EMERGENCY RESOLUTION URGING THE OHIO LEGISLATURE TO AMEND CERTAIN PROVISIONS OF HB 114 TO REINSTATE THE FUNDING FOR THE OHIO PUBLIC WORKS COMMISSION (OPWC) STATE CAPITAL IMPROVEMENTS PROGRAM (SCIP) AND REVOLVING LOAN PROGRAM (RLP) TO THEIR PREVIOUS LEVELS.
 
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)
 
March 7, 2011: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, March 7, 2011 at 8:04 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; J. C. Borton, Assistant Clerk of Council.
 
Absent: M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; R. F. Porrello, Chief of Police.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that reading of the minutes of the Regular Meeting of Council held Monday, February 21, 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 had no report. He said the appropriation ordinance is on this evening's agenda and thanked Mr. Ward and all department heads for their hard work in preparing this year's budget.
 
FINANCE COMMITTEE - Chairman Ward reported on the meeting of the Finance Committee held February 23, 2011. A copy of said report is a part of the permanent record.
 
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 Marko had no report. He reminded everyone of the joint meeting of the Legislative Committee and Safety Committee to be held on Monday, March 21, 2011 beginning at 7:15 P.M. to discuss Ordinances Nos. 2011-11 and 2011-12.
 
PLANNING COMMISSION - Mr. Ward reported that the Planning Commission would be meeting prior to the next meeting of Council to finalize the sign ordinance.
 
SOUTH EUCLID LYNDHURST BOARD OF EDUCATION - Stefanie Rhine, School Board Member, addressed Council relative to the several bills before the legislature at the present time. She spoke about SB 5 and was anxious to hear how the state budget would impact school funding this year. Mrs. Rhine invited all members of Council to attend the March 22nd meeting of the Board to hear the financial presentation, review information from the state and provide additional information regarding finances for the next year. She also highlighted some of the House Bills that would affect the school districts. Mrs. Rhine then spoke about the accomplishments of various athletes at the schools and updated Council on several events which had taken place, as well as upcoming events.
 
The meeting was opened to public comment: There were no comments from the public.
 
SECOND READING:
ORDINANCE NO. 2011-11
INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
 
AN ORDINANCE AMENDING CHAPTER 1385 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "BASIC STANDARDS FOR RESIDENTIAL OCCUPANCY" BY AMENDING SECTION 1385.12 REGARDING ELEVATORS AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-11 be placed on second reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-11 is placed on second reading.
 
SECOND READING:
ORDINANCE NO. 2011-12
INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
 
AN ORDINANCE AMENDING CHAPTER 1387 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ADDITIONAL STANDARDS FOR MULTIPLE DWELLINGS" BY ENACTING SECTION 1387.021 REGARDING ELEVATORS, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that Ordinance No. 2011-12 be placed on second reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-12 is placed on second reading.
 
ORDINANCE NO. 2011-13
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING ORDINANCE NO. 2010-8 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. 2011-13 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. 2011-13 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-13 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-13 is passed.
 
ORDINANCE NO. 2011-14
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. 2010-70, 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. 2011-14 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. 2011-14 was highlighted by Mrs. Borton, with Section 10 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-14 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-14 is passed.
 
ORDINANCE NO. 2011-15
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING SECTION 1385.03 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO DWELLING UNIT STANDARDS 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. 2011-15 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. 2011-15 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. 2011-15 be passed.
 
Mr. Frey asked how residents would be notified relative to the application of this ordinance. Chief Carroll responded that this would be applied to new residential structures and new additions. He said this would also be posted on the website.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-15 is passed.
 
RESOLUTION NO. 2011-16
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE CUYAHOGA COUNTY MUNICIPAL ENERGY PROGRAM (MEP) AND TO EXECUTE CONTRACTS AS REQUIRED.
 
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. 2011-16 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-16 was highlighted by Mrs. Borton, with Section 5 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that Resolution No. 2011- 16 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-16 is adopted.
 
RESOLUTION NO. 2011-17
INTRODUCED BY: ADMINISTRATION
 
AN EMERGENCY RESOLUTION URGING THE OHIO LEGISLATURE TO AMEND CERTAIN PROVISIONS OF HB 114 TO REINSTATE THE FUNDING FOR THE OHIO PUBLIC WORKS COMMISSION (OPWC) STATE CAPITAL IMPROVEMENTS PROGRAM (SCIP) AND REVOLVING LOAN PROGRAM (RLP) TO THEIR PREVIOUS LEVELS.
 
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. 2011-17 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.
 
Resolution No. 2011-17 was highlighted by Mr. Ward, with Section 4 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Resolution No. 2011-17 be adopted.
 
Mr. Ward indicated that the amendments are currently being considered to add capital projects to the bill and should be out of subcommittee by Wednesday; it should be on the House floor by the end of the week.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-17 is adopted.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:34 P.M.


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