City of Lyndhurst, Ohio City Council
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October 1, 2012: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, October 1, 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 Wednesday, September 19, 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 (First meeting of the month)
 
Requests for additions to the Agenda:
 
Public Comment:
 
THIRD 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.
 
ORDINANCE NO. 2012-70
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH DONALD J. SCHONHARDT & ASSOCIATES, INC., TO PROVIDE ASSISTANCE IN THE PREPARATION OF BASIC FINANCIAL STATEMENTS FOR THE CITY AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-71
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH CHAGRIN VALLEY PAVING, INC. FOR THE 2012 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-72
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH TRI MOR, INC. FOR THE WINCHESTER ROAD RECONSTRUCTION PHASE II AND THE 2012 CONCRETE REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-73
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH TRI MOR, INC. FOR THE WINCHESTER ROAD RECONSTRUCTION PHASE II AND THE 2012 CONCRETE REPAIR PROGRAM, 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.
 
October 1, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, October 1, 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; R. J. Schmidlin, Jr., Acting Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. J. Carroll, Chief of Fire; M. A. Franco, Assistant Clerk of Council.
 
Absent: P. T. Murphy, Director of Law; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that the reading of the minutes of the Regular Meeting of Council held Wednesday, September 19, 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 Finance Committee met prior to the Council Meeting and minutes will be forthcoming.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
 
ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti stated that he met with the animal warden and chief of police which is working in conjunction with the prosecutor regarding tethering of animals. Mr. LoPresti said he will submit the information obtained to the law director for an amendment of Ordinance No. 2012-37, and will be scheduling another Safety Committee Meeting.
 
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; however, Mr. Frey stated that Superintendent Reid is in Columbus for the next few days attending to legislative issues. Mr. Frey also said the Levy Campaign Committee is continuing to make progress, they did a literature drop this past weekend and several signs have started to appear in yards.
 
The meeting was opened to public comment.
 
David Miller, 3826 Merrymound, South Euclid, asked for Council's endorsement of South Euclid Lyndhurst School Levy.
 
Elizabeth DeGiovanni, 5169 Thornbury, thanked Council for the Council Coffee. Ms. DeGiovanni inquired about the tabled items on the agenda.
 
Mr. Ward explained that tabled items can only be removed with formal action, and the ordinances that are tabled at this time are due to pending litigation.
 
Mr. Ward stated the Council Coffee was a nice event, residents found great information from all departments. The superintendent was available for questions, which residents appreciated. Mr. Ward said attendance was good, but would always welcome more.
 
Mr. Schlessel stated that the reverse 911 call to notify residents of the event was not received by some residents until the day of the event.
 
Mr. Ward stated that no money will ever be put into City Watch again.
 
THIRD 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. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2012-63 be placed on third reading for final passage.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Rules Suspended.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-63 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-63 is passed.
 
ORDINANCE NO. 2012-70
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH DONALD J. SCHONHARDT & ASSOCIATES, INC., TO PROVIDE ASSISTANCE IN THE PREPARATION OF BASIC FINANCIAL STATEMENTS FOR THE CITY 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. 2012-70 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. 2012-70 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-70 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-70 is passed.
 
ORDINANCE NO. 2012-71
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH CHAGRIN VALLEY PAVING, INC. FOR THE 2012 ASPHALT RESURFACING 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. 2012-71 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. 2012-71 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. 2012-71 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-71 is passed.
 
ORDINANCE NO. 2012-72
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 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. 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. 2012-72 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. 2012-72 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. 2012-72 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-72 is passed.
 
ORDINANCE NO. 2012-73
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 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. 2012-73 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. 2012-73 was highlighted by Mrs. Franco, with Section 6 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Packard, that Ordinance No. 2012-73 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-73 is passed.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:20 P.M.


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