City of Lyndhurst, Ohio City Council
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January 3, 2012: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Tuesday, January 3, 2012, at 8:00 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; H. J. Lensner, Assistant Clerk of Council.
 
COUNCIL:
 
Elections:
Vice Mayor for the year 2012.
 
Council's representative to the Planning Commission for 2012 (automatically becomes Representative to City Architectural Board of Review)
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, December 5, 2011.
 
Approve minutes of the Special Meeting of Council held Thursday, December 29, 2011.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE
 
LEGISLATIVE COMMITTEE - MARKO
 
PLANNING COMMISSION - WARD
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2012-1
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD BEGINNING JANUARY 1, 2012 AND ENDING MARCH 31, 2012, REPEALING ORDINANCE NO. 2011-91, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-2
INTRODUCED BY: ADMIN
 
AN ORDINANCE RATIFYING THE APPOINTMENT BY THE MAYOR OF A&S ANIMAL CONTROL, INC. AS ANIMAL WARDEN FOR THE CITY OF LYNDHURST, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-3
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH DICILLO LANDSCAPE DESIGN FOR THE 2011 CONCRETE REPAIR PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT, 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.
 
January 3, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Tuesday, January 3, 2012 at 8:04 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, P. A. Ward.
 
Others Present: 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; H. J. Lensner, Assistant Clerk of Council.
 
Absent: D. A. Frey, Council Representative; J. M. Cicero, Jr., Mayor.
 
The floor was opened to nominations for the position of Vice Mayor for the year 2012.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that David A. Frey be nominated as Vice Mayor for the 2012 calendar year.
 
Roll Call:
 
Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
Nays: None.
 
Motion carried.
Mr. Frey is elected Vice Mayor for the year 2012.
 
The floor was opened to nominations for the Council's representative to the Planning Commission and Architectural Board of Review for the year 2012.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Joseph A. Marko be nominated as Council's Representative to the Planning Commission and to the Architectural Board of Review for the 2012 calendar year.
 
Roll Call:
 
Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
Nays: None.
 
Motion carried.
 
Mr. Marko is elected as Council's Representative to the Planning Commission and Architectural Board of Review.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that the reading of the minutes of the Regular Meeting of Council held Monday, December 5, 2011, 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, with Mr. LoPresti and Mr. Packard abstaining.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that the reading of the minutes of the Special Meeting of Council held Thursday, December 29, 2011, 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, with Mr. Packard abstaining.
 
MAYOR'S REPORT - Mayor Cicero was not present for the meeting; therefore, he had no report.
 
FINANCE COMMITTEE - Chairman Ward had no report; however, he reminded potential committee chairmen to schedule their capital requests meetings for this year's budget. He also reported that the budget meeting would be held towards the end of February.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey was not present for the meeting; therefore, he had no report.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report; however, he announced that there would be a meeting in the next few weeks.
 
SAFETY COMMITTEE - Chairman LoPresti had no report; however, he stated that at the next Council meeting he would have a report for Members of Council to review regarding the evening's Safety Committee meeting.
 
SERVICE & SEWERS COMMITTEE - Mr. Schlessel reported that since Mr. Fisher had retired from Council and a new Service & Sewers Committee representative had not yet been appointed, there would not be a report for the evening.
 
LEGISLATIVE COMMITTEE - Chairman Marko had no report.
 
PLANNING COMMISSION - Chairman Ward had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Bill Kent stated that the interim superintendent, James Costanza, has been doing an excellent job in his position; however, a permanent superintendent must still be found. He distributed information regarding focus groups and expressed how critical it is to attend these focus group meetings, as they are to be used for citizens to express their opinions on the schools. Mr. Kent stressed that people need to know about these meetings so they can attend and be a viable part of the superintendent search.
 
Mr. Gambatese agreed wholeheartedly, explaining that only so much can be done by the school board and reiterating the importance of the public's attendance at these focus group meetings. He thanked Mr. Kent and the school board for organizing the meetings, hoping that people will take advantage of this great opportunity to be a part of the superintendent search.
 
Mr. Ward echoes the importance of attending these meetings, explaining that the Lyndhurst representatives are just that: representatives. He stated that despite the number of concerns that Councilmen receive, very few people actually attend the board meetings to make their voices heard.
 
Mr. Schlessel extrapolated on Mr. Ward's sentiments, explaining that many residents believe that Councilmen are on the school board as well, which is not the case. In response to a question from Mr. Gambatese, Mr. Schlessel said that the meeting dates would be posted on the City of Lyndhurst's website so residents would be made aware of them. He then thanked Mr. Kent for his report, saying that he was looking forward to more information regarding the search.
 
The meeting was opened to public comment. There was no public comment.
 
ORDINANCE NO. 2012-1
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD BEGINNING JANUARY 1, 2012 AND ENDING MARCH 31, 2012, REPEALING ORDINANCE NO. 2011-91, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2012-1 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2012-1 was highlighted by Ms. Lensner, with Sections 9 and 11 being read in their entirety.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No.2012-1 be passed.
 
Roll Call:
 
Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2012-1 is passed.
 
ORDINANCE NO. 2012-2
INTRODUCED BY: ADMIN
 
AN ORDINANCE RATIFYING THE APPOINTMENT BY THE MAYOR OF A&S ANIMAL CONTROL, INC. AS ANIMAL WARDEN FOR THE CITY OF LYNDHURST, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2012-2 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2012-2 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No.2012-2 be passed.
 
Mr. Ward commented that Special Police Officer Bagi, who was in charge of animal control in prior years, had retired. He elaborated, explaining that since no other officers had the qualifications of Officer Bagi, an outside company would need to be used. Mr. Schlessel confirmed with Ms. Kovalchik that the appointment of A&S was on a three-month trial basis, and that an excellent price had been set for said trial period.
 
Roll Call:
 
Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2012-2 is passed.
 
ORDINANCE NO. 2012-3
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH DICILLO LANDSCAPE DESIGN FOR THE 2011 CONCRETE REPAIR PROGRAM, AUTHORIZING THE CLOSEOUT OF SAID CONTRACT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2012-3 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2012-3 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No.2012-3 be passed.
 
Roll Call:
 
Yeas: Gambatese, Marko, Ward, LoPresti, Packard, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2012-3 is passed.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:21 P.M.


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