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

 
REGULAR MEETING of the Council of the City of Lyndhurst, Tuesday, September 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, August 6, 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. 2012-58
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 159 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "EMPLOYEES GENERALLY" BY AMENDING SECTION 159.10 REGARDING VACATIONS AND HOLIDAYS AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-59
INTRODUCED BY: ADMIN
 
A RESOLUTION ACCEPTING THE AMOUNT AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY FISCAL OFFICER.
 
RESOLUTION NO: 2012-60
INTRODUCED BY: ADMIN
 
A RESOLUTION APPROVING THE SOLID WASTE MANAGEMENT PLAN UPDATE (2013-2028) FOR THE CUYAHOGA COUNTY SOLID WASTE MANAGEMENT DISTRICT.
 
ORDINANCE NO. 2012-61
INTRODUCED BY: COUNCILMAN SCHLESSEL
 
AN ORDINANCE DETERMINING TO RESCHEDULE THE SECOND REGULAR MEETING OF COUNCIL IN SEPTEMBER, 2012 FROM MONDAY, SEPTEMBER 17, 2012 TO WEDNESDAY, SEPTEMBER 19, 2012.
 
ORDINANCE NO. 2012-62
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH TRI MOR, INC. FOR THE WINCHESTER ROAD RECONSTRUCTION PHASE II AND THE 2012 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-63
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO MODIFICATION NUMBER 2 TO THE COUNCIL OF GOVERNMENTS AGREEMENT DATED JUNE 1, 1978, PROVIDING FOR THE CONTINUATION OF THE COMMISSION ON AGING ESTABLISHED THEREIN, ADDING ADDITIONAL MEMBERS AND SETTING OUT THE RIGHTS DUTIES AND OBLIGATIONS OF EACH MEMBER, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-64
INTRODUCED BY: ADMIN
 
AN ORDINANCE DETERMINING THE PORTIONS OF THE SANITARY SEWER ASSESSMENT TO BE ALLOCATED TO EACH SEWER FUND FOR THE TAX YEAR 2012, IN ACCORDANCE WITH SECTION 925.02(b) OF THE CODIFIED ORDINANCES.
 
ORDINANCE NO. 2012-65
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AGREEMENTS AND CONTRACTS WITH VARIOUS INSURANCE CARRIERS RECOMMENDED BY JACKSON, DIEKEN & ASSOCIATES, INC., TO PROVIDE THE NEEDED INSURANCE COVERAGE REQUIRED BY THE CITY OF LYNDHURST AND DECLARING AN EMERGENCY.
 
Confirm decision of the Board of Zoning Appeals:
 
Case No. 2012-02
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2012-02 to grant requested variance to Deborah Hirshkorn of 5148 Bridgewater Road for a variance from the front yard setback requirements, as defined in Chapter 1160.05(a) of the Planning and Zoning Code. She is seeking to construct a front porch that will encroach eighteen (18) feet into the forty (40) foot setback as defined for Bridgewater Road.
 
Case No. 2012-03
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2012-03, to grant requested variance to Christine A. Curtis and Donald W. Haugh of 1799 Brainard Road for a variance from Chapter 1160.03 Schedule of Accessory Buildings, Uses and Structures (a)(9) Recreational Facilities, of the Planning and Zoning Code, to permit the use of a forty (40) feet by twenty-seven (27) foot area for the construction of a garden railroad. The variance requested would be for the use and also location as setback requirements are not listed for this specific use.
 
Correspondence: Ohio Division of Liquor Control regarding issuance of a new liquor permit to ARS Food Services, LLC DBA Red Square Restaurant and party center.
 
TABLED ITEMS:
 
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.
 
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. 2012-37
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.
 
September 4, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Tuesday, September 4, 2012 at 8:04 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; J. R. Mandato, Building Inspector; D. J. Isaac, Fire Captain; M. A. Franco, Assistant Clerk of Council.
 
Absent: M. J. Carroll, Chief of Fire; T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Marko, seconded by Mr. Packard, that the reading of the minutes of the Regular Meeting of Council held Monday, August 6, 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. Packard, that the reading of the minutes of the Special Meeting of Council held Monday, August 6, 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; however, he stated there would be a Finance Committee Meeting prior to the next Council Meeting.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report; however, he stated there would be a Public Lands and Buildings Committee Meeting held jointly with Legislative Committee prior to the next Council Meeting.
 
ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti stated the committee had met prior to the Council Meeting to discuss Ordinance 2012-37, the result of that meeting was to propose additional discussions between the dog warden, prosecutor, Chief of Police, and Mr. LoPresti which will take place before the end of the year. Also, parking fines were briefly discussed.
 
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 - No representative was present.
 
The meeting was opened to public comment.
 
Richard Clark, 5347 Chickadee Lane, asked the Police Department to check that sidewalks are shoveled and not impeded from snow plows. Mr. Clark also asked the Police Department to enforce dog regulations, especially with regard to dogs without leashes.
 
George DiSanto, 1960 Caronia Drive, discussed an article from Sun Press regarding the Alberta Park and Brainard Road Intersection. He said the article stated that nothing can or should be done. Mr. DiSanto said that Chagrin Valley Engineering and TMS Engineering are both good companies but feels that due to the time of day their studies were conducted the results are inconclusive.
 
Donald Haugh, 1799 Brainard Road, echoed the comments from Mr. DiSanto regarding the Alberta Park and Brainard Road intersection. Mr. Haugh agreed that something needs to be done at that intersection and would appreciate any help Council could offer to find a resolution.
 
Mr. Gambatese thanked Superintendent Reid for attending a block party.
 
Mr. Marko reminded everyone that this weekend Lyndhurst Homedays will be held from Friday, September 7th through Sunday, September 9th.
 
Mr. Ward summarized the wonderful entertainment for Homedays.
 
ORDINANCE NO. 2012-58
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 159 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "EMPLOYEES GENERALLY" BY AMENDING SECTION 159.10 REGARDING VACATIONS AND HOLIDAYS 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. 2012-58 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.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2012-58 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-58 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-58 is passed.
 
RESOLUTION NO. 2012-59
INTRODUCED BY: ADMIN
 
A RESOLUTION ACCEPTING THE AMOUNT AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY FISCAL OFFICER.
 
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. 2012-59 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.
 
Motion carried.
Rules Suspended.
 
Resolution No. 2012-59 was highlighted by Mrs. Franco, with Section 5 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Resolution No.2012-59 be adopted.
 
Mr. Ward stated that the City would be collecting four hundred fifty-six thousand dollars ($456,000.00) less this coming year due to property reevaluations. Mr. Ward explained how the sale of Acacia County Club to nonprofit would financially affect the City and school district.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Resolution No. 2012-59 is adopted.
 
RESOLUTION NO: 2012-60
INTRODUCED BY: ADMIN
 
A RESOLUTION APPROVING THE SOLID WASTE MANAGEMENT PLAN UPDATE (2013-2028) FOR THE CUYAHOGA COUNTY SOLID WASTE MANAGEMENT DISTRICT.
 
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. 2012-60 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.
 
Motion carried.
Rules Suspended.
 
Resolution No. 2012-60 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Marko, that Resolution No.2012-60 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Resolution No. 2012-60 is adopted.
 
ORDINANCE NO. 2012-61
INTRODUCED BY: COUNCILMAN SCHLESSEL
 
AN ORDINANCE DETERMINING TO RESCHEDULE THE SECOND REGULAR MEETING OF COUNCIL IN SEPTEMBER, 2012 FROM MONDAY, SEPTEMBER 17, 2012 TO WEDNESDAY, SEPTEMBER 19, 2012.
 
It was moved by Mr. Marko, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-61 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.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2012-61 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-61 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-61 is passed.
 
ORDINANCE NO. 2012-62
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH TRI MOR, INC. FOR THE WINCHESTER ROAD RECONSTRUCTION PHASE II AND THE 2012 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-62 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.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2012-62 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No.2012-62 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-62 is passed.
 
ORDINANCE NO. 2012-63 INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO MODIFICATION NUMBER 2 TO THE COUNCIL OF GOVERNMENTS AGREEMENT DATED JUNE 1, 1978, PROVIDING FOR THE CONTINUATION OF THE COMMISSION ON AGING ESTABLISHED THEREIN, ADDING ADDITIONAL MEMBERS AND SETTING OUT THE RIGHTS DUTIES AND OBLIGATIONS OF EACH MEMBER, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2012-63 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-63 is placed on first reading.
 
ORDINANCE NO. 2012-64
INTRODUCED BY: ADMIN
 
AN ORDINANCE DETERMINING THE PORTIONS OF THE SANITARY SEWER ASSESSMENT TO BE ALLOCATED TO EACH SEWER FUND FOR THE TAX YEAR 2012, IN ACCORDANCE WITH SECTION 925.02(b) OF THE CODIFIED ORDINANCES
 
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. 2012-64 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.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2012-64 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No.2012-64 be passed.
 
Mayor Cicero stated that Ordinance 2012-64 is the reason the City opposes the Northeast Ohio Sewer District assessments to Lyndhurst residents. The City already assesses residents and Northeast Sewer District should not penalize Lyndhurst because some of our neighboring communities assess incorrectly.
 
Mr. Ward echoed the statements from the Mayor and pointed out that the City raises and lowers the assessment per the Engineers recommendation.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-64 is passed.
 
ORDINANCE NO. 2012-65
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AGREEMENTS AND CONTRACTS WITH VARIOUS INSURANCE CARRIERS RECOMMENDED BY JACKSON, DIEKEN & ASSOCIATES, INC., TO PROVIDE THE NEEDED INSURANCE COVERAGE REQUIRED BY THE CITY OF LYNDHURST AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2012-65 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-65 is placed on first reading.
 
Board of Zoning Appeals Recommendations:
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2012-02 to grant requested variance to Deborah Hirshkorn of 5148 Bridgewater Road for a variance from the front yard setback requirements, as defined in Chapter 1160.05(a) of the Planning and Zoning Code. She is seeking to construct a front porch that will encroach eighteen (18) feet into the forty (40) foot setback as defined for Bridgewater Road.
 
The findings in Case No. 2012-02 as recorded in the minutes of the meeting of the Board of Zoning Appeals held August 13, 2012 were read by Mrs. Franco.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Council confirm the decision of the Board of Zoning Appeals in Case No. 2012-02.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2012-03, to grant requested variance to Christine A. Curtis and Donald W. Haugh of 1799 Brainard Road for a variance from Chapter 1160.03 Schedule of Accessory Buildings, Uses and Structures (a)(9) Recreational Facilities, of the Planning and Zoning Code, to permit the use of a forty (40) feet by twenty-seven (27) foot area for the construction of a garden railroad. The variance requested would be for the use and also location as setback requirements are not listed for this specific use.
 
The findings in Case No. 2012-03 as recorded in the minutes of the meeting of the Board of Zoning Appeals held August 13, 2012 were read by Mrs. Franco.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Council confirm the decision of the Board of Zoning Appeals in Case No. 2012-03.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
 
Correspondence from the Ohio Division of Liquor Control regarding issuance of a new liquor permit to ARS Food Services, LLC DBA Red Square Restaurant and party center was noted with no hearing being requested.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:42 P.M.


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