City of Lyndhurst, Ohio City Council
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May 21, 2012: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, May 21, 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:
 
Confirmation by Council:
 
Appointment of Melissa A. Franco, Assistant Clerk of Council.
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, May 7, 2012.
 
Approve Minutes of the Special Meeting of Council held Monday, May 7, 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
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND 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.
 
SECOND 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.
 
SECOND READING
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.
 
SECOND 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.
 
ORDINANCE NO. 2012-32
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2008-75 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS, AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2008-75 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-33
INTRODUCED BY: COUNCILMAN MARKO
 
AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY AMENDING SECTION 618.02 REGARDING ABANDONING ANIMALS AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-34
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE CITY OF LYNDHURST, OHIO TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPIRATION'S BULK ROAD SALT PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-35  INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE CITY OF UNIVERSITY HEIGHTS, OHIO FOR THE SALE OF A 1998 FORD FULL SIZE DUMP TRUCK WITH SNOW PLOW AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-36
INTRODUCED BY: ADMIN
 
A RESOLUTION APPROVING THE ADOPTION OF THE COUNTYWIDE ALL NATURAL HAZARDS MITIGATION PLAN FOR CUYAHOGA COUNTY, 2011 UPDATE.
 
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 21, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, May 21, 2012 at 8:03 P.M., Vice Mayor David A. Frey, presiding.
 
Members Present:
Council Representatives: 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; L. M. Puskas, Building Inspector; D. St. John, Fire Captain; M. A. Franco, Assistant Clerk of Council.
 
Absent: J. A. Gambatese, Council Representative; K. C. Packard, Council Representative; M. J. Carroll, Chief of Fire; T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that the appointment of Melissa A. Franco as Assistant Clerk of Council be confirmed.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
Melissa A. Franco is appointed as Assistant Clerk of Council.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that the reading of the minutes of the Regular Meeting of Council held Monday, May 7, 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 unanimously.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that the reading of the minutes of the Special Meeting of Council held Monday, May 7, 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 unanimously.
 
MAYOR'S REPORT - Mayor Cicero had no report.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko stated that the Public Lands and Buildings Committee had met prior to this evenings meeting to discuss Ordinance No. 2012-33. The Ordinance would prohibit animals to remain overnight on a vacant premises. Mr. Marko stated the recommendation of the committee would be to place this Ordinance on first reading.
 
ROADS AND UTILITIES COMMITTEE - Chairman Gambatese was not present; however, Mr. Gambatese asked Mr. Frey to let everyone know the road program has begun and letters have been mailed to advise the effected residents.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE AND SEWERS COMMITTEE - Chairman Packard was not present; therefore, he had no report.
 
LEGISLATIVE COMMITTEE - Chairman Schlessel stated that the Legislative Committee had met prior to the evenings meeting to discuss Ordinance No. 2004-10, the taxation of certain lottery and gaming winnings. Minutes from said meeting would be forthcoming.
 
PLANNING COMMISSION - Chairman Marko had no report; however, Mr. Marko mentioned that there will be no regular meeting held in May.
 
The meeting was opened to public comment.
 
George DiSanto, 1960 Caronia Drive, stated he is representing the Alberta Park Homeowners Association and himself. Mr. DiSanto asked the Mayor and Council to investigate the growing number of accidents at the intersection of Alberta and Brainard. Mr. DiSanto expressed his concern over the semi truck traffic. He requested Council and the Mayor to please provide feedback to the 175 residents if anything can be done.
 
Mayor Cicero said he would look back into the prior advice given from the traffic department and get back to him
 
Mr. Ward indicated that the engineer is still reviewing data and Mr. Glady will try to expedite the outcome.
 
Elizabeth DeGiovanni, 5169 Thornbury, inquired if the City receives any royalties from the gas wells at the community center.
 
Mary Kovalchik responded that there are 7 different active gas wells; in total the City receives approximately thirty thousand dollars ($30,000.00) annually in royalties.
 
Mr. Ward added that the City does also receive free gas and can also purchase gas at wholesale price.
 
Ms. DeGiovanni questioned if residents were allowed to use the tennis courts to play ball with their dogs.
 
Mayor Cicero said that as long as the pet owners clean up after their animals that it is allowed.
 
Dennis Gustavson, 4907 Westbourne, inquired about the process of renewing his pool pass. Mr. Gustavson wondered why he needed to fill out the same form as last year if he could use the same pass.
 
Mary Kovalchik explained it was to verify residency due to the fact that the City has encountered residents that have moved from the City and are not aware their pool pass is no longer valid.
 
Mr. Frey welcomed Cuyahoga County Councilwoman, Sunny Simon.
 
Ms. Simon informed Council that one hundred thousand dollars ($100,000.00) has been budgeted for the Juvenile Diversion program. Ms. Simon spoke regarding the division of revenue that is expected from the casino. She said she will be advocating for District 11 suburbs. Ms. Simon announced that the community meeting for residents of Cuyahoga County District 11 will be Tuesday, June 5, 2012 at 7:00 P.M. at the Euclid Lakefront Community Center.
 
Mayor Cicero thanked Sunny Simon.
 
SECOND 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. Ward, seconded by Mr. Marko, that Ordinance No. 2012-24 be placed on second reading.
 
Roll Call:
 
Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
Nays: None.
Motion carried.
Ordinance No. 2012-24 is placed on second reading.
 
SECOND 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. Marko, that Ordinance No. 2012-25 be placed on second reading.
 
Roll Call:
 
Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-25 is placed on second reading.
 
SECOND 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 second reading.
 
Roll Call:
 
Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-26 is placed on second reading.
 
SECOND 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 second reading.
 
Roll Call:
 
Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-29 is placed on second reading.
 
ORDINANCE NO. 2012-32
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2008-75 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS, AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2008-75 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-32 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Schlessel, Ward, LoPresti, Frey. Nays: None.
 
Ordinance No. 2012-32 was highlighted by Ms. Franco, with Section 16 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No.2012-32 be passed.
 
Motion carried.
Ordinance No. 2012-32 is passed.
 
FIRST READING
ORDINANCE NO. 2012-33
INTRODUCED BY: COUNCILMAN MARKO
 
AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY AMENDING SECTION 618.02 REGARDING ABANDONING ANIMALS AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-33 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-33 is placed on firs reading.
 
RESOLUTION NO. 2012-34
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE CITY OF LYNDHURST, OHIO TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPIRATION'S BULK ROAD SALT PROGRAM, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-34 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Resolution No. 2012-34 was highlighted by Ms. Franco, with Section 7 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2012-34 be adopted.
 
Motion carried.
Resolution No. 2012-34 is adopted.
 
ORDINANCE NO. 2012-35
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE CITY OF UNIVERSITY HEIGHTS, OHIO FOR THE SALE OF A 1998 FORD FULL SIZE DUMP TRUCK WITH SNOW PLOW 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. 2012-35 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Ordinance No. 2012-35 was highlighted by Ms. Franco, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Marko, that Ordinance No.2012-35 be passed.
 
Motion carried.
Ordinance No. 2012-35 is passed.
 
RESOLUTION NO. 2012-36
INTRODUCED BY: ADMIN
 
A RESOLUTION APPROVING THE ADOPTION OF THE COUNTYWIDE ALL NATURAL HAZARDS MITIGATION PLAN FOR CUYAHOGA COUNTY, 2011 UPDATE.
 
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. 2012-36 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Resolution No. 2012-36 was highlighted by Ms. Franco, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2012-36 be adopted.
 
Mr. Ward stated that he feels the Mitigation Plan is important, and has been put together with thorough preparation. He said it is a good plan and valuable resource should an emergency occur within our borders. This plan would make it possible for us to assist our City and neighbors.
 
Motion carried.
Resolution No. 2012-36 is adopted.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:33 P.M.


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