City of Lyndhurst, Ohio City Council
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February 20, 2012: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, February 20, 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; H. J. Lensner, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Special Meeting of Council held Monday, February 6, 2012.
 
Approve Minutes of the Regular Meeting of Council held Monday, February 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
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING
ORDINANCE NO. 2012-8 INTRODUCED BY: COUNCILMEN SCHLESSEL AND WARD
 
AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING AND SOLICITING.
 
RESOLUTION NO. 2012-9
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT DENTAL AND LIFE INSURANCE COVERAGE FOR THE EMPLOYEES OF THE CITY AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-10
INTRODUCED BY: COUNCIL
 
AS A WHOLE A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE COUNTY OF CUYAHOGA, OHIO IMPLEMENTING A BUSINESS ATTRACTION AND ANTI-POACHING PROTOCOL.
 
ORDINANCE NO. 2012-11 INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT A PERMANENT SEWER EASEMENT FROM GREENS NURSING AND ASSISTED LIVING, LLC, ACROSS CUYAHOGA COUNTY PERMANENT PARCEL NO. 714-32-001 IN ORDER TO CONSTRUCT A PUMP STATION, PUBLIC SANITARY SEWERS, MANHOLES AND OTHER NECESSARY SANITARY SEWER APPURTENANCES.
 
ORDINANCE NO. 2012-12
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CITY OF BEDFORD HEIGHTS, OHIO PROVIDING FOR USE BY THE CITY OF THE BEDFORD HEIGHTS CITY JAIL.
 
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.
 
February 20, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, February 20, 2012 at 8:03 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: 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. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
 
Absent: J. M. Cicero, Jr., Mayor; T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that the reading of the minutes of the Special Meeting of Council held Monday, February 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, with Mr. Schlessel abstaining.
 
It was moved by Mr. Ward, seconded by Mr. Packard, that the reading of the minutes of the Regular Meeting of Council held Monday, February 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, with Mr. Schlessel abstaining.
 
MAYOR'S REPORT - Mr. Frey announced that since Mayor Cicero was ill due to his travels in Bangladesh and was not present at the evening's meeting, there would be no report from him.
 
FINANCE COMMITTEE - Chairman Ward had no report; however, he confirmed that the annual budget appropriations meeting would be held on February 29th at 6:30 p.m. and requested that all department heads and the Mayor be invited.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no formal report; however, he stated that the Public Lands and Buildings Committee had met that evening at 7:00 p.m. to discuss the pool employees' salaries. Present at the meeting were all Members of the Committee and all members of Council, as well as Finance Director Mary Kovalchik. Mr. Marko summarized the meeting, saying that changes will be made to the last compensation ordinance, being Ordinance No. 2009-18. He reported that the pool director's salary would be increased to $13,400.00, and that with the increase in minimum wage to $7.70 per hour, the hourly rates of lifeguards and safety instructors would be raised, as well. Mr. Marko said that each of these rates would be finalized in his formal report.
 
Mr. Marko's meeting also covered the pool fees ordinance, the most recent one being Ordinance No. 2011-53. It was the conclusion of the Committee to not recommend any changes be made to this ordinance for this year. Mr. Marko will be following up with his counterpart in South Euclid to see if there are any significant changes over there; if so, he will be re-visiting that at a later time.
 
ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti reported on his meeting of Monday, February 13, 2012, the purpose of which was to discuss the capital requests for 2012. The total recommended capital requests for Police was $545,524.00. That amount was recommended by the Committee, pending the availability of funds. The Fire Department had total capital requests for $108,000.00, and that amount was also recommended by the Committee, pending the availability of funds.
 
SERVICE AND SEWERS COMMITTEE - Mr. Packard had no report.
 
LEGISLATIVE COMMITTEE - Chairman Schlessel had no report; however, he scheduled a meeting for March 5, 2012 at 7:30 p.m. to discuss Ordinance No. 2012-8.
 
PLANNING COMMISSION - Chairman Marko had no report.
 
Mr. Frey announced that although she is not formally on the Agenda, Lisa Marko was present at the meeting to give a report for the South Euclid-Lyndhurst Board of Education.
 
Ms. Marko announced that some Brush students had their artwork on display at the Annual Juried High School Exhibition through the Beachwood Arts Council. The show would be on display from February 5, 2012 through February 26, 2012 at the Beachwood Community Center.
 
Ms. Marko also confirmed that focus group meeting results would be presented at the School Board's February 22, 2012 meeting, and invited everyone to attend. She stated that the next step in this process would be the actual interview process, and representatives were desired to sit on interview panels. Ms. Marko also discussed the search for a key communicator, who would be an individual within the community who would share information via email regarding the school district.
 
Ms. Marko then described recent essay winner Tianna O'Neal, who wrote an essay for Dominion's 22nd-annual Strong Men and Women: Excellence in Leadership series. Tianna received a notebook computer; Brush High School will receive a $1,000.00 cash reward.
 
Finally, Ms. Marko announced that six Brush athletes signed letters of intent on February 1, 2012. Pharoah Brown will be attending the University of Oregon; Demetrius Holmes, Seton Hill University; Kevin Houchins, the University of Louisville; Isiah Wilson, Mercyhurst University; Jalen Yancy, Ohio Dominican; and Carlutorbantu Zaramo will go to Ball State University.
 
Mr. Frey announced that the Brush Robotics Team went to State, and at the end of the main competition placed fourth and moved into the final round, and ended up as an alliance partner with the number-one team. Unfortunately, they failed to qualify for Nationals; however, it was a great showing on their part and they have done a great job all year long.
 
Mr. LoPresti asked Ms. Marko what, exactly, would be revealed on February 22nd at the meeting. Ms. Marko explained that basically, a summary of all focus groups in the superintendent search would be presented, and the description of an ideal candidate would be presented. She then stated that by the end of March, the interviews of six or seven candidates would begin.
 
The meeting was opened to public comment.
 
Lyle Merdler, 5694 Sheldon Road, commented on the inordinate amount of deer which have been surrounding his property as of late. He stated that in the past two years, the deer population has seemingly exploded. He described instances of deer acting fearless in the presence of humans; for example, deer not running away when approached, deer surrounding a parked car in a driveway, deer coming up to the rear windows of his home and pressing their noses against them. Mr. Merdler opined that the situation will probably not get any better unless there is some kind of predator in the area.
 
Mr. Frey commented, recalling that the prior evening, he came home to four deer standing in his neighbor's yard that proceeded to just stare at him as he walked to his door. The deer only decided to move when Mr. Frey was about ten feet away, and they didn't move quickly; rather, they just wandered away. He then explained that landowners who own more than ten acres can contact the Ohio Department of Natural Resources to come help them deal with the deer issue, but it can only be dealt with on those properties.
 
E. Dale Inkley, 5126 East Farnhurst, stated that he had attended Mr. Marko's Public Lands and Buildings Committee meeting and commended him on its rigorous approach. He then stated his concern regarding the redecoration of City Hall and its proposed cost. While he does believe that the video screen is well-advised, he does not think that the redecoration is necessary. He opined that the building is already attractive and well-maintained, and that nothing seems in need of repair or replacement. Mr. Inkley recommended that the money allocated for this redecoration be saved and put to better use for something in the future.
 
Mr. Schlessel announced that the Heights-Hillcrest Regional Chamber of Commerce business expo would be occurring on May 3, 2012 from 3:00 to 7:00. He asked Members of Council to check their calendars and let him know when they would like to cover and help that day. Mr. Schlessel then encouraged the public to attend, as it is a great way to showcase the community.
 
Mr. Ward mentioned a handout that Members of Council had received that evening, which was an announcement for the Hillcrest Council of Councils March meeting. He stated that Ed FitzGerald would be in attendance and that it would be a good forum for questions. Mr. Ward asked that anyone interested in attending let him know, or RSVP to the Hillcrest Council of Councils prior to the meeting.
 
SECOND READING
ORDINANCE NO. 2012-8
INTRODUCED BY: COUNCILMEN SCHLESSEL AND WARD
 
AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING AND SOLICITING.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No.2012-8 be placed on second reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-8 is placed on second reading.
 
RESOLUTION NO. 2012-9
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT DENTAL AND LIFE INSURANCE COVERAGE FOR THE EMPLOYEES OF THE CITY 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 Resolution No. 2012-9 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. 2012-9 was highlighted by Ms. Lensner, with Section 5 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2012-9 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Resolution No. 2012-9 is adopted.
 
FIRST READING
ORDINANCE NO. 2012-10
INTRODUCED BY: COUNCIL AS A WHOLE
 
A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE COUNTY OF CUYAHOGA, OHIO IMPLEMENTING A BUSINESS ATTRACTION AND ANTI-POACHING PROTOCOL.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-10 be placed on first reading.
 
Mr. Marko recalled last year's meeting with Ed Juris and Sunny Simon's recent Council meeting attendance. He stated that they were being highly encouraged by the County to participate in this agreement, and that the County reserves the right to consider participation in this agreement when evaluating applications under the proposed County Economic Development Fund. Mr. Marko inferred from these statements that if the City does not participate in this agreement, it will be penalized. He stated that as it stands currently, he would vote no on this ordinance. He then asked Mr. Ward to please ask Mr. FitzGerald about this at the Council of Councils meeting, should Mr. Marko not be able to attend.
 
Mr. Ward echoed Mr. Marko's concerns and affirmed that that is why this ordinance is being placed on first reading. He explained that since the meeting with Mr. Juris months ago, they have not had any further discussion or feedback on the matter. Mr. Ward stated that it wouldn't hurt to the City to participate, but that Mr. Marko's point is well-taken in that one hundred million dollars shouldn't be used as a bribe for participation.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-10 is placed on first reading.
 
FIRST READING
ORDINANCE NO. 2012-11
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT A PERMANENT SEWER EASEMENT FROM GREENS NURSING AND ASSISTED LIVING, LLC, ACROSS CUYAHOGA COUNTY PERMANENT PARCEL NO. 714-32-001 IN ORDER TO CONSTRUCT A PUMP STATION, PUBLIC SANITARY SEWERS, MANHOLES AND OTHER NECESSARY SANITARY SEWER APPURTENANCES.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No.2012-11 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-11 is placed on first reading.
 
ORDINANCE NO. 2012-12
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CITY OF BEDFORD HEIGHTS, OHIO PROVIDING FOR USE BY THE CITY OF THE BEDFORD HEIGHTS CITY JAIL.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-12 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. 2012-12 was highlighted by Ms. Lensner, with Sections 3 and 4 being read in their entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No.2012-12 be passed.
 
Mr. Frey asked Chief Porrello if he had any information on how many prisoners typically need to be moved over to the Bedford Heights City Jail. The Chief explained that since Lyndhurst can hold prisoners for twelve days, it was few and far between that the Bedford jail needed to be utilized.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-12 is passed.
 
It was moved by Mr. LoPresti, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:32 P.M.


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