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

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, March 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; R. J. Schmidlin, Jr., Acting 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 Regular Meeting of Council held Monday, March 5, 2012.
 
Approve Minutes of the Special Meeting of Council held Monday, March 5, 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:
 
THIRD 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.
 
THIRD 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.
 
RESOLUTION NO. 2012-16
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO RETAIN WALTER & HAVERFIELD TO REPRESENT THE CITY AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-17
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH KATHY PERELLA FOR CONCESSIONAIRE SERVICES DURING THE 2012 POOL SEASON AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-18
INTRODUCED BY: ADMIN
 
AN ORDINANCE TO LEVY ASSESSMENTS FOR THE CONSTRUCTION OR REPAIR OF SIDEWALKS ON CERTAIN STREETS IN THE CITY OF LYNDHURST, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-19
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH A&S ANIMAL CONTROL, INC. TO PROVIDE FOR ANIMAL CONTROL SERVICES IN THE CITY OF LYNDHURST, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-20
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING TRANSFERS AND ADVANCES 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.
 
March 19, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, March 19, 2012 at 8:03 P.M., Acting 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: 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; L. M. Puskas, Building Inspector; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
 
Absent: Vice Mayor David A. Frey; 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. LoPresti, that the reading of the minutes of the Regular Meeting of Council held Monday, March 5, 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. Marko, seconded by Mr. Ward, that the reading of the minutes of the Special Meeting of Council held Monday, March 5, 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.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
 
ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no formal report; however, he informed Council that the Brainard Pump Station had begun. Mr. Packard explained that the project would take approximately six weeks and could cause minor disruptions to the normal traffic pattern.
 
LEGISLATIVE COMMITTEE - Chairman Schlessel stated that the Legislative Committee had met prior to the evening's meeting to discuss Ordinance No. 2012-10, that minutes from said meeting would be forthcoming, and that it is recommended to Council that the Ordinance be passed.
 
PLANNING COMMISSION - Chairman Marko had no report; however, mentioned that the upcoming Planning Commission meeting would be held on Thursday, March 22, 2012 at 7:30 p.m.
 
The meeting was opened to public comment. There was no public comment.
 
THIRD READING
ORDINANCE NO. 2012-10
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE COUNTY OF CUYAHOGA, OHIO IMPLEMENTING A BUSINESS ATTRACTION AND ANTI-POACHING PROTOCOL.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2012-10 be placed on third reading for final passage.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
Nays: None.
 
Motion carried.
Ordinance No. 2012-10 is placed on third reading.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No.2012-10 be passed.
 
Mr. Ward commented that there are two components to this piece of legislation; one being the anti-poaching protocol, which is a "gentlemen's agreement" to treat other communities on an above-board basis, something that the City of Lyndhurst has always done. The second component is the $100,000,000.00 Economic Development Fund that has been put into play. This fund is our citizens' tax dollars and will be in play regardless of Lyndhurst signing onto the Agreement.
 
Mr. Ward continued, saying that signing this agreement would send a very strong message that Cuyahoga County is going to conduct business in a very new and unique way. He believes that there is no downside to signing this Agreement, as the City has always conducted itself in a gentlemanly fashion and above-board manner. Mr. Ward expressed that while the opportunity to put into play this Agreement may never come up, anything could happen, and single-mindedness is not going to move the County forward. Mr. Ward recommended that the Ordinance be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
Nays: None.
 
Motion carried.
Ordinance No. 2012-10 is passed.
 
THIRD 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. Marko, that Ordinance No.2012-11 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
Nays: None.
 
Motion carried.
Ordinance No. 2012-11 is passed.
 
RESOLUTION NO. 2012-16
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO RETAIN WALTER & HAVERFIELD TO REPRESENT THE CITY 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 Resolution No. 2012-16 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2012-16 was highlighted by Ms. Lensner, with Section 3 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Resolution No.2012-16 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
Nays: None.
 
Motion carried.
Resolution No. 2012-16 is adopted.
 
RESOLUTION NO. 2012-17
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH KATHY PERELLA FOR CONCESSIONAIRE SERVICES DURING THE 2012 POOL SEASON AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-17 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2012-17 was highlighted by Ms. Lensner, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Marko, that Resolution No.2012-17 be adopted.
 
Mr. Ward commented that Ms. Perella does an exceptional job and has superb employees. Mr. Marko inquired as to the Dad's Club tournament and availability of concessions at that event. Mr. Glady replied that the tournament is June 3, 2012 and that it would be available. Mr. Gambatese recalled that the quality of the food has always been excellent, and he is excited to get the pool opened for the upcoming season.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
Nays: None.
 
Motion carried.
Resolution No. 2012-17 is adopted.
 
ORDINANCE NO. 2012-18
INTRODUCED BY: ADMIN
 
AN ORDINANCE TO LEVY ASSESSMENTS FOR THE CONSTRUCTION OR REPAIR OF SIDEWALKS ON CERTAIN STREETS IN THE CITY OF LYNDHURST, 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. 2012-18 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2012-18 was highlighted by Ms. Lensner, with Section 5 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No.2012-18 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
Nays: None.
 
Motion carried.
Ordinance No. 2012-18 is passed.
 
ORDINANCE NO. 2012-19
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH A&S ANIMAL CONTROL, INC. TO PROVIDE FOR ANIMAL CONTROL SERVICES IN THE CITY OF LYNDHURST, 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. 2012-19 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas:Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2012-19 was highlighted by Ms. Lensner, with Section 5 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No.2012-19 be passed.
 
Mayor Cicero commented that A&S has done a tremendous job during the first quarter of 2012 taking care of the needs of the Community. He gave special thanks to Chief Porrello and Ms. Kovalchik for negotiating such a good price and maintaining the level of service the City's residents have come to expect. Mr. Gambatese agreed, stating that the response times thus far have been noteworthy.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
Nays: None.
 
Motion carried.
Ordinance No. 2012-19 is passed.
 
ORDINANCE NO. 2012-20
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING TRANSFER AND ADVANCES 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. 2012-20 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2012-20 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
 
It was moved by Mr. Packard, seconded by Mr. Ward, that Ordinance No.2012-20 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
Nays: None.
 
Motion carried.
Ordinance No. 2012-20 is passed.
 
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 8:21 P.M.


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