City of Lyndhurst, Ohio City Council
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May 7, 2012: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, May 7, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
 
Members Present: Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M.A. Franco, Temporary Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, April 16, 2012.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - PACKARD
 
LEGISLATIVE COMMITTEE - SCHLESSEL
 
PLANNING COMMISSION - MARKO
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2012-24
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
 
ORDINANCE NO. 2012-25
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
 
ORDINANCE NO. 2012-26
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
 
RESOLUTION NO. 2012-27
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. 2012-28
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.
 
ORDINANCE NO. 2012-29 INTRODUCED BY: VICE MAYOR DAVID FREY
 
AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
 
ORDINANCE NO. 2012-30
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH NERONE & SONS, INC., FOR MISCELLANEOUS SEWER REPAIRS IN THE CITY AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-31
INTRODUCED BY: ADMIN
 
A RESOLUTION APPROVING THE ADOPTION OF THE CUYAHOGA COUNTY DEPARTMENT OF PUBLIC SAFETY, OFFICE OF EMERGENCY MANAGEMENT, FOR CUYAHOGA COUNTY, 2012.
 
REQUEST AUTHORIZATION TO ADVERTISE FOR BIDS:
 
2012 Sidewalk 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.
 
May 7, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, May 7, 2012 at 8:08 P.M., Vice Mayor David A. Frey, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; L. M. Puskas, Building Inspector; M. J. Carroll, Chief of Fire; M. A. Franco, Temporary Assistant Clerk of Council.
 
Absent: T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that the reading of the minutes of the Regular Meeting of Council held Monday, April 16, 2012, 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, with Mr. Schlessel abstaining.
 
MAYOR'S REPORT - Mayor Cicero had no report.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
 
ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
LEGISLATIVE COMMITTEE - Chairman Schlessel stated that the Legislative Committee had met prior to the evenings meeting to discuss Ordinance No. 2012-29, and that minutes from said meeting would be forthcoming.
 
PLANNING COMMISSION - Chairman Marko had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Alfreda Wynne announced the Brush High School Robotics team traveled to St Louis, Missouri to compete in the National Science and Tech Competition April 25th through the 28th. The Robotics team competed against one hundred twenty eight (128) teams and placed 14th in the nation.
 
Ms. Wynne stated that student Eric Hruska received the National Security Language Youth Initiative Scholarship and will study in Shanghai this summer. Kelly Dockery has been accepted by the School Year Abroad program to study in Beijing China for one year, and also received a grant for forty-seven thousand dollars ($47,000.00) for tuition and housing expenses.
 
Ms. Wynne affirmed that on April 13, 2012, the South Euclid-Lyndhurst School Board hired Linda Reid as their new Superintendent. She explained that Ms. Reid will begin her official duties as Superintendent July 1, 2012, but has already begun her relationship with the district by scheduling meetings with principals and central office staff.
 
Ms. Wynne stated Hannah Schmidt, a student at Brush High School was a runner up in the Maltz Museum Stop the Hate Essay contest, and as a result she received a twenty-five thousand dollar ($25,000.00) scholarship.
 
Ms. Wynne disclosed that the district's finances are facing a reduction of approximately 4.4 million from state funding in the fiscal year 2012 and 2013. Ms. Wynne stated that decline in the tax collection rate and decline in interest earned investments the board needs to make reductions of about 2.2 million which includes 1.9 million in teaching positions. Ms. Wynne added that the South Euclid-Lyndhurst Board of Education is planning to put a levy on November 2012 ballot.
 
Ms. Wynne aired dates to remember: May 25, 2012 is prom, May 31, 2012 is graduation, and June 7, 2012 is the last day of school.
 
Ms. Wynne stated that Matthew Scott a senior at Brush High School placed first in the Cuyahoga County and State of Ohio Martin Luther King oratorical contest. Mr. Scott will present his oration in January 2013 before Governor Kasich. Ms. Wynne introduced the 2nd and 3rd runner up in Cuyahoga County Martin Luther King oratorical contest; Danyelle Dukes, a sophomore at Brush High School placed 2nd and Tyler Wynne, a freshman at Brush High School placed 3rd. Danyelle Dukes and Tyler Wynne presented their speeches before council.
 
Mayor Cicero commended Danyelle Dukes and Tyler Wynne for their great speeches and hard work. Mayor Cicero presented the students with a Letter of Congratulations and a City of Lyndhurst plate.
 
Mayor Cicero reported that he met with Linda Reid, the new Superintendent, and she will be in touch with each Councilperson individually.
 
The meeting was opened to public comment. There was no public comment.
 
Mayor Cicero announced the Lyndhurst Garden Club will be hosting their perennial sale May 19th from 8:00AM until 12:00PM at the Little Red Schoolhouse.
 
Fire Chief Carroll stated that the City of South Euclid and the City of Lyndhurst Fire Departments have started a Fire Explorer program in conjunction with their Excel- Tech program through the high school. Chief Carroll introduced the young explorers that are participating in the program.
 
Council thanked Chief Carroll and wished the young explorers the best of luck.
 
Mr. Gambatese announced that due to his new job he will miss the next several Monday night Council meetings. He will be in contact as needed via email and phone.
 
FIRST READING
ORDINANCE NO. 2012-24
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2012-24 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-24 is placed on first reading.
 
FIRST READING
ORDINANCE NO. 2012-25
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-25 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-25 is placed on first reading.
 
FIRST READING
ORDINANCE NO. 2012-26
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AN D SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2012-26 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-26 is placed on first eading.
 
RESOLUTION NO. 2012-27
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.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution 2012-27 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Resolution No. 2012-27 was highlighted by Ms. Franco, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2012-27 be adopted.
 
Motion carried.
Resolution No. 2012-27 is adopted.
 
RESOLUTION NO. 2012-28
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.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-28 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Resolution No. 2012-28 was highlighted by Ms. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that Resolution No.2012-28 be adopted.
 
Motion carried.
Resolution No. 2012-28 is adopted.
 
FIRST READING
ORDINANCE NO. 2012-29
INTRODUCED BY: VICE MAYOR DAVID FREY
 
AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-29 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-29 is placed on first reading.
 
ORDINANCE NO. 2012-30
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH NERONE & SONS, INC., FOR MISCELLANEOUS SEWER REPAIRS IN THE CITY AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-30 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Ordinance No. 2012-30 was highlighted by Ms. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-30 be passed.
 
Motion carried.
Ordinance No. 2012-30 is passed.
 
RESOLUTION NO. 2012-31
INTRODUCED BY: ADMIN
 
A RESOLUTION APPROVING THE ADOPTION OF THE CUYAHOGA COUNTY DEPARTMENT OF PUBLIC SAFETY, OFFICE OF EMERGENCY MANAGEMENT, FOR CUYAHOGA COUNTY, 2012.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-31 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey. Nays: None.
 
Resolution No. 2012-31 was highlighted by Ms. Franco, with Section 3 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Resolution No.2012-31 be adopted.
 
Motion carried.
Resolution No. 2012-31 is adopted.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:41 P.M.


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