City of Lyndhurst, Ohio City Council
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January 16, 2012: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, January 16, 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:
 
Confirmation by Council:
 
Reappointment of Paul T. Murphy, Director of Law; Reappointment of Mary A. Kovalchik, Director of Finance.
 
Swearing In Ceremony:
 
Director of Law;
Director of Finance.
 
Swearing In:
 
New Firefighter Lee Schoch.
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Tuesday, January 3, 2012.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE - PACKARD
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - GAMBATESE
 
LEGISLATIVE SCHLESSEL - MARKO
 
PLANNING COMMISSION - MARKO
 
Requests for additions to the Agenda:
 
Public Comment:
 
RESOLUTION NO. 2012-4
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT HEALTH CARE COVERAGE FOR THE EMPLOYEES OF THE CITY AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-5
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE CITY TO MAKE APPLICATION TO THE STATE OF OHIO DEPARTMENT OF NATURAL RESOURCES FOR FINANCIAL ASSISTANCE FOR PUBLIC RECREATION PURPOSES; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS RELEVANT THERETO; AUTHORIZING THE ACCEPTANCE OF SAID FUNDS; AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-6
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2011-29 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR NON-BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, INCLUDING MEMBERS OF BOARDS AND COMMISSIONS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2011-29 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
Correspondence:
 
Ohio Division of Liquor Control for change of corporate stock ownership for D5I and D6 for California Pizza Kitchen, Inc., dba California Pizza Kitchen, 25365 Cedar Road.
 
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 16, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, January 16, 2012 at 8:05 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; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
 
Absent: T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that the re-appointment of Paul T. Murphy as Director of Law be confirmed.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
Paul T. Murphy is reappointed as Director of Law.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that the re-appointment of Mary A. Kovalchik as Director of Finance be confirmed.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
Mary A. Kovalchik is re-appointed as Director of Finance.
 
The Oath of Office was administered to Paul T. Murphy and Mary A. Kovalchik.
 
Mr. Frey commented that both Ms. Kovalchik and Mr. Murphy had always served the City well, and he looks forward to working with them on a continued basis.
 
The Oath of Office was administered to new Firefighter Lee Schoch.
 
Mayor Cicero described Firefighter Schoch's educational and work background, and expressed his confidence in Mr. Schoch regarding his new position with the City. Chief Carroll described the responsibilities and duties of probationary firefighters, which Mr. Schoch accepted.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that the reading of the minutes of the Regular Meeting of Council held Tuesday, January 3, 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. Frey abstaining.
 
MAYOR'S REPORT - Mayor Cicero had no report; however, he welcomed everyone to a new year, as he was not present at the prior meeting. He also reminded Members of Council to schedule their committee meetings to discuss capital requests.
 
FINANCE COMMITTEE - Chairman Ward had no report; however, he asked Members of Council to pencil in February 29th as a potential date for the annual appropriations meeting.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report; however, he scheduled a tentative meeting for January 23rd at 7:00 p.m.
 
ROADS AND UTILITIES COMMITTEE - Chairman Gambatese reported that the Roads and Utilities Committee had met prior to that evening's Council meeting, and that a formal report would be submitted to highlight upcoming 2012 projects. He also described a potential traffic study on Brainard Road, and expressed his eagerness for budget approval so these things could begin.
 
SAFETY COMMITTEE - Chairman LoPresti reported on his Safety Committee meeting of Tuesday, January 3, 2012, reading the following: "The purpose of the meeting was to discuss the Communications Center Emergency Replacement and Remodeling Project. Chief Porrello informed the Committee that the total estimated cost of the Project remains approximately $198,813.00, as originally budgeted. Of that total amount, $63,212.72 was already advanced by Council in October 2011. The estimated cost to complete the Project is approximately $135,600.00, which the Police Department was budgeting for in 2012.
 
"Because the Project is underway and progressing, additional funds must be allocated as soon as possible so that pre-ordering can take place. This is necessary because of the lengthy (4-5 week) wait between the ordering of equipment/materials and their delivery. Accordingly, the Police Department is asking the Committee to recommend to Council to advance an additional $100,000.00 immediately, rather than waiting until the 2012 Budget was approved and the funds earmarked for the Project become available.
 
"A motion was made by Mr. Ward and seconded by Chairman LoPresti that the Committee recommends to Council to move the aforementioned $100,000.00 from the 2011 Temporary Budget line item "Building Emergency Repairs", which will be charged against the Project, to fund immediate purchase requisition needs regarding the Project. It is important to note that this movement of funds will cause the total amount requested by the Police Department as a capital request in 2012, regarding the Project, to be reduced by $100,000.00. No other business was discussed and the meeting adjourned at 7:55pm."
 
Mr. Frey thanked Chairman LoPresti and asked that one small correction be made to Mr. LoPresti's report, that being that Mr. Frey was not present for the meeting as stated in the written report. He did state, however, that he was there in spirit.
 
SERVICE AND SEWERS COMMITTEE - Mr. Packard had no report.
 
LEGISLATIVE COMMITTEE - Chairman Schlessel had no report.
 
PLANNING COMMISSION - Chairman Marko had no report.
 
The meeting was opened to public comment.
 
County Councilwoman Sunny Simon attended the meeting to give an update of what's going on in the County; specifically, District 11, which includes Lyndhurst. She discussed property re-evaluation, stating that this would be significant due to recent foreclosures. She expressed a desired to hear opinions of the property re-evaluations after they have concluded.
 
Ms. Simon also described a project she is spearheading, which is to enhance the juvenile diversion program. She was recently able to, with the consensus of her colleagues, come up with a new budget that allocated for juvenile diversion. Ms. Simon met with Kathy Tomaro and other officers who are implementing the program to collaborate on ways to raise money for District 11. Ms. Simon hopes to see some positive changes on this front, and added that Ms. Tomaro has been doing an excellent job.
 
Next, Ms. Simon reported on the Anti-Poaching Agreement, stating that at this point, 22 cities had signed on. She stated that resistance was being shown mainly due to the punitive aspect of such an agreement. Ms. Simon informed everyone that the County Council is working on ways to have this agreement work so that these communities can sign on, not necessarily to receive a bigger benefit, but with consideration taken as far as the financial aspects of such an agreement.
 
Mayor Cicero commented that he had had conversations with Councilman Schlessel on where to go with this agreement before the holidays, and it was sure to be an issue up for discussion in the coming weeks.
 
Mr. Ward clarified that the City's response is two-fold; first, that the Anti-Poaching Agreement is rather innocuous, in that it is not going to harm the City of Lyndhurst in any way; however, the City's knee-jerk reaction to the funds being held over the communities' heads was a valid reaction. He extrapolated, stating that this reaction didn't necessarily mean that the City wasn't going to sign such an agreement, and that even if the City did sign, that would still have been his reaction, because that isn't how the funds should be characterized, as signing on should be either a good idea, or not. Mr. Ward then said that it is not a bad idea, but a moral issue.
 
Mayor Cicero stated that a decision has not yet been made on whether or not the City will sign onto this agreement, and Ms. Simon expressed her understanding of that statement. Mayor Cicero agreed that she would need to go back to County Council for further discussion on the matter, and Ms. Simon concurred, stating that she would go back to the County Council and return with more information. Ms. Simon concluded by describing a meeting that she would like to have some time in March when the weather, most likely in Euclid on the lake.
 
Mr. Ward announced that the Assistant Clerk of Council would be having a birthday the next day, and that on behalf of all Members of Council, he wished that she have a happy birthday and a wonderful day.
 
Mayor Cicero described his upcoming journey to Bangladesh, which would last ten days. He stated that in his absence, Mr. Frey would be the Acting Mayor. Further, he expressed his desire that all Committee Chairs have their budgets ready to go for his return.
 
RESOLUTION NO. 2012-4
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT HEALTH CARE COVERAGE FOR THE EMPLOYEES OF THE CITY AND DECLARING AN EMERGENCY
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2012-4 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. 2012-4 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that Resolution No.2012-4 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Resolution No. 2012-4 is adopted.
 
RESOLUTION NO. 2012-5
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE CITY TO MAKE APPLICATION TO THE STATE OF OHIO DEPARTMENT OF NATURAL RESOURCES FOR FINANCIAL ASSISTANCE FOR PUBLIC RECREATION PURPOSES; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS RELEVANT THERETO; AUTHORIZING THE ACCEPTANCE OF SAID FUNDS; AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2012-5 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. 2012-5 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Resolution No.2012-2 be adopted.
 
Mr. Packard and Mr. Frey asked Mr. Glady to please highlight what some of the plans would be for this grant money. Mr. Glady described a pedestrian pathway on a lot next to the creek near Ridgebury Boulevard that would give the people in the Dalewood, North/South Barton, Hanley and Learidge area access to Schaefer Park via a bikeway or a pathway.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Resolution No. 2012-5 is adopted.
 
ORDINANCE NO. 2012-6
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2011-29 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR NON-BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, INCLUDING MEMBERS OF BOARDS AND COMMISSIONS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2011-29 INCONSISTENT HEREWITH, 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, that Ordinance No. 2012-6 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. 2012-6 was highlighted by Ms. Lensner, with Section 14 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-6 be passed.
 
Roll Call: Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-6 is passed.
 
Correspondence from the Ohio Division of Liquor Control for change of corporate stock ownership for D5I and D6 for California Pizza Kitchen, Inc., dba California Pizza Kitchen, 25365 Cedar Road was noted with no objections.
 
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 8:36 P.M.


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