City of Lyndhurst, Ohio City Council
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September 19, 2012: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Wednesday, September 19, 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 Tuesday, September 4, 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:
 
SECOND READING
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.
 
SECOND READING
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.
 
RESOLUTION NO. 2012-66
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT KNOWN AS THE EUCLID CREEK WATERSHED PARTNERSHIP AGREEMENT, APPROPRIATING FUNDS TO COMPLY WITH SAID AGREEMENT, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-67
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2012 REPEALING ORDINANCE NO. 2012-57 AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-68
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH NERONE & SONS, INC., FOR THE BRAINARD ROAD SANITARY FORCE MAIN PROJECT, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-69
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO REQUEST AN EXTENSION OF THE CLEAN OHIO REVITALIZATION FUND GRANT AGREEMENT FROM THE CLEAN OHIO COUNCIL TO ASSIST IN THE CLEAN UP OR REMEDIATION OF A BROWNFIELD LOCATED AT CUYAHOGA COUNTY PERMANENT PARCEL NUMBER 712-21-012, 712-21-013, 712-21-014 AND 712-21-015, AND DECLARING AN EMERGENCY.
 
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 19, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Wednesday, September 19, 2012 at 8:06 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. 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. Schlessel, that the reading of the minutes of the Regular Meeting of Council held Tuesday, September 4, 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; however, he thanked the Homedays Committee for another great Homedays.
 
FINANCE COMMITTEE - Chairman Ward had reported they met this evening prior to the Council Meeting to discuss current and 2013 budget issues. Mr. Ward summarized the meeting stating that the City will receive 1.2 million dollars less due to the economy and numerous changes from the state. Changes the City has already made is not enough to cover the gap. There will be further discussions to follow.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko reported the committee met jointly with Legislative Committee prior to the Council meeting this evening to discuss pool pass policies, many issues were discussed that will be written and submitted to Council.
 
ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report; however, he asked Mr. Glady the status of the road projects.
 
Mr. Glady stated that the road projects are winding down. The concrete and slab projects have been completed.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
LEGISLATIVE COMMITTEE - Chairman Schlessel stated the committee met prior to the Council Meeting, many recommendations were made regarding pool pass policies. The recommendations along with reciprocity issues will be discussed at a later time. Mr. Schlessel announced that the Sprayground had a very successful season with a great increase in pool parties which provides great revenue for our pools. Mr. Schlessel gave compliments to Julie and Mary for their presentations at the meeting.
 
Mr. Frey noted that no action or recommendations were taken at the meeting.
 
PLANNING COMMISSION - Chairman Marko had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Linda Reid introduced herself as the new superintendent for the South Euclid - Lyndhurst School District. Ms. Reid stated one of her priorities is to be visible to both communities, administration and students. Ms. Reid stated that she has collectively met with all the administrators and students within the school district. She shared information regarding a current fund raiser, Playing for the Cure. Ms. Reid stressed the importance of passing the levy that will be on the November Ballot. Ms. Reid spoke of the wonderful time she had at Lyndhurst Homedays and in the parade.
 
The meeting was opened to public comment.
 
Richard Clark, 5347 Chickadee Lane, stated that Council needs to be more assertive with communication to secure votes for the passage of tax levies.
 
Edward Klimas, 4893 South Sedgewick Drive, discussed his concern with Acacia Country Club and the South Euclid-Lyndhurst Library. Mr. Klimas stated that not all public lands enhance adjacent communities. He also expressed discontent regarding the move of the library.
 
Mr. Ward aired the Council Coffee/City Expo will be held next Saturday, September 29th from 9:00 AM until 12:00PM. This event will include the South Euclid/Lyndhurst Schools, Commission on Aging, Meals on Wheels and all City Departments will be represented. Community shredding will be available at the Community Center Parking Lot from 11:30 AM until 3:30 PM, along with prescription drug drop off at the Lyndhurst Police Department Booth.
 
Mr. Gambatese inquired about the advertising of the event. Mr. Ward informed Mr. Gambatese the events are listed on the website, in the newspaper, a reverse 911 will be placed and flyers have been available in the Community Center for several weeks.
 
SECOND READING
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. Schlessel, that Ordinance No. 2012-63 be placed on second reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-63 is placed on second reading.
 
SECOND READING
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. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-65 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. 2012-65 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.2012-65 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-65 is passed.
 
RESOLUTION NO. 2012-66
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT KNOWN AS THE EUCLID CREEK WATERSHED PARTNERSHIP AGREEMENT, APPROPRIATING FUNDS TO COMPLY WITH SAID AGREEMENT, AND DECLARING AN EMERGENCY.
 
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 Resolution No. 2012-66 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. 2012-66 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2012-66 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Resolution No. 2012-66 is adopted.
 
ORDINANCE NO. 2012-67
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2012 REPEALING ORDINANCE NO. 2012-57 AND DECLARING AN EMERGENCY.
 
It was moved by Mr.Ward, seconded by Mr. LoPresti, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-67 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. 2012-67 was highlighted by Mrs. Franco, with Section 11 being read in its entirety.
 
It was moved by Mr. Packard, seconded by Mr. Ward, that Ordinance No.2012-67 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-67 is passed.
 
ORDINANCE NO. 2012-68
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH NERONE & SONS, INC., FOR THE BRAINARD ROAD SANITARY FORCE MAIN PROJECT, AND DECLARING AN EMERGENCY.
 
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. 2012-68 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. 2012-68 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No.2012-68 be passed.
 
Mr. Frey asked the service director if he could provide any further information regarding this Change Order.
Mr. Glady stated that the manhole elevation is different where the pipe connects to the existing manhole, so it must be moved.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-68 is passed.
 
RESOLUTION NO. 2012-69
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO REQUEST AN EXTENSION OF THE CLEAN OHIO REVITALIZATION FUND GRANT AGREEMENT FROM THE CLEAN OHIO COUNCIL TO ASSIST IN THE CLEAN UP OR REMEDIATION OF A BROWNFIELD LOCATED AT CUYAHOGA COUNTY PERMANENT PARCEL NUMBER 712-21-012, 712-21-013, 712-21-014 AND 712-21-015, 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 Resolution No. 2012-69 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. 2012-69 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2012-69 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Resolution No. 2012-69 is adopted.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:43 P.M.


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