City of Lyndhurst, Ohio City Council
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June 4, 2012: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, June 4, 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, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, May 21, 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:
 
THIRD 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.
 
THIRD 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.
 
THIRD 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.
 
THIRD 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.
 
SECOND 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 .
 
ORDINANCE NO. 2012-37
INTRODUCED BY: COUNCILMAN LOPRESTI
 
AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLE "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-38
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE EXTENDING THE 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.
 
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.
 
June 4, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, June 4, 2012 at 8:05 P.M., Vice Mayor David A. Frey, presiding.
 
Members Present:
Council Representatives: 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; M. J. Carroll, Chief of Fire; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; M. A. Franco, Assistant Clerk of Council.
 
Absent: J. A. Gambatese, Council Representative: T. P. Kunz, Building Commissioner; L. M. Puskas, Building Inspector.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that the reading of the minutes of the Regular Meeting of Council held Monday, May 21, 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. Packard abstaining.
 
MAYOR'S REPORT - Mayor Cicero stated that the Service Department has been busy getting the parks and pools ready for the season. He also commented on the wonderful landscaping the Lyndhurst Garden Club and Service Department completed around the gazebo and the Sun Dial Garden at the Community Center.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no formal report; however, Mr. Marko echoed the comments from Mayor Cicero. Mr. Marko said while attending a baseball game he overheard citizens from other communities commenting on how well maintained our parks and baseball fields are. Mr. Marko thanked the Service Department for a great job.
 
ROADS AND UTILITIES COMMITTEE - Chairman Gambatese was not present; however, Mr. Gambatese asked Mr. Frey to make mention of all the road construction occurring in the City.
 
SAFETY COMMITTEE - Chairman LoPresti had no formal report; however, he thanked both the Fire and Police Chiefs for their efforts during the construction of the new dispatch center.
 
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
LEGISLATIVE COMMITTEE - Chairman Schlessel had no report.
 
PLANNING COMMISSION - Chairman Marko had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Bill Kent stated the usage of facilities is under review, charges may start to be incurred for rentals of certain land and facilities owned by the school district. Mr. Kent mentioned that the school district is working on selling some of their properties. He reminded everyone that there will be a 5.9 levy on November's ballot. Mr. Kent reported that the school district is in the process of relocating their bus garage. Mr. Kent encouraged everyone to reach out and welcome the new superintendent.
 
Mr. Frey thanked Mr. Kent.
 
Mr. Frey praised the new superintendent for being so involved with community events prior to her official start date.
 
The meeting was opened to public comment.
 
Elizabeth DeGiovanni, 5169 Thornbury, spoke of how beautiful the gazebo looks and thanked Mr. Glady and the Service Department for all their help.
 
Mr. Frey asked Ms. DeGiovanni to extend a thank you from Council to the Garden Club.
 
Mr. Ward commented on the Brainard, Alberta intersection. Mr. Ward stated he has been in contact with the Engineer and Service Director; they are looking into a reasonable cost approach to the next step.
 
Mayor Cicero stated he received past traffic studies that he will review with Chief Porrello and Lt. Strasshofer. Mayor Cicero will extend all information to Council and the Safety Committee to decide the next most cost efficient step.
 
THIRD 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. Packard, that Ordinance No.2012-24 be placed on third reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-24 is placed on third reading.
 
THIRD 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 tabled.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-25 is tabled.
 
Mr. Ward expressed his concern for the 9:00PM end time. He stated that sunset would be best for the safety of the residents.
 
THIRD 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. Schlessel, that Ordinance No.2012-26 be placed on third reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-26 is placed on third reading.
 
THIRD 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 tabled.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-29 is tabled.
 
SECOND READING
ORDINANCE NO. 2012-33(AMENDED)
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. Marko, seconded by Mr. Ward, that Ordinance No. 2012-33 be amended.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
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. 2012-33 be placed on third reading for final passage and that it be highlighted.
 
Ordinance No. 2012-33 was highlighted by Ms. Franco, with Section 3 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2012-33(Amended) be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-33(Amended) is passed.
 
FIRST READING
ORDINANCE NO. 2012-37
INTRODUCED BY: COUNCILMAN LOPRESTI
 
AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No.2012-37 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-37 is placed on first reading.
 
ORDINANCE NO. 2012-38
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE EXTENDING THE 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.
 
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 Ordinance No. 2012-38 be placed on third reading for final passage and that it be highlighted.
 
Ordinance No. 2012-38 was highlighted by Ms. Franco, with Section 3 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Packard, that Ordinance No.2012-38 be passed.
 
Motion carried.
Ordinance No. 2012-38 is passed.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, 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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