City of Lyndhurst, Ohio City Council
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April 1, 2013: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, April 1, 2013, at 8:00 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present: Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, D. A. Frey.
 
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 Monday, March 18, 2013.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE -
 
SERVICE & SEWERS COMMITTEE - PACKARD
 
SAFETY COMMITTEE - LoPRESTI
 
LEGISLATIVE COMMITTEE - FREY
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - GAMBATESE
 
PLANNING COMMISSION - SCHLESSEL
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
 
SPECIAL PRESENTATION - Dr. Donald Spaner, Medical Control Officer; Hillcrest Hospital a Cleveland Clinic Hospital
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING
 
ORDINANCE NO. 2013-12
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY REPEALING EXISTING SECTION 432.43, AND ENACTING NEW SECTION 432.43 PROHIBITING TEXTING WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
SECOND READING
 
ORDINANCE NO. 2013-13
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING SECTION 432.44 PROHIBITING THE USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICES BY CERTAIN INDIVIDUALS WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-19
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 957.02 OF THE CODIFIED ORDINANCES REGARDING SWIMMING POOL ADMISSION FEES.
 
ORDINANCE NO: 2013-20
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BY NEWSPAPER PUBLICATION OR BY INTERNET AUCTION OF FIVE SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-21
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH DAN RAY CONSTRUCTION FOR THE BRAINARD ROAD PUMP STATION PROJECT, 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.
 
April 1, 2013: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, April 1, 2013 at 8:03 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present:
Council Representatives: C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel.
 
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; L. M. Puskas, Building Inspector; M. J. Carroll, Chief of Fire; M. A. Franco, Assistant Clerk of Council.
 
Absent:
Council Representative: J. A. Gambatese; Council Representative: D. A. Frey; T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that the reading of the minutes of the Regular Meeting of Council held Monday, March 18, 2013, 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 abstaining.
 
MAYOR'S REPORT - Mayor Cicero was not present; therefore, he had no report.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report; however, he stated that an Amended Ordinance 2013-19 has been distributed to Council for review and recommends placing 2013-19 on first reading.
 
ROADS AND UTILITIES COMMITTEE
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report; however, he stated there will be a Safety Committee Meeting April 15th at 7:00PM.
 
LEGISLATIVE COMMITTEE - Chairman Frey was not present; therefore, he had no report.
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - Chairman Gambatese was not present; therefore, he had no report.
 
PLANNING COMMISSION - Chairman Schlessel had no report; however, he stated that the Planning Commission will be meeting Thursday, April 4th at 7:30PM to discuss sub-lot issues at Eagle Point.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Lisa Marko stated the Korb Field Renovation Project will begin later this spring and be complete by the end of summer. The Korb Field Renovation Project will accommodate students who utilize the facility through classes and extracurricular activities. The project will also include the replacement of the scoreboard at the facility.
 
Ms. Marko encouraged everyone to stay informed about South Euclid Lyndhurst Schools by becoming Key Communicator Members.
 
Ms. Marko congratulated The Brush Symphonic Band and Brush Wind Ensemble for receiving a Superior Rating at the Ohio Music Education Association Large Group Adjudicated Event.
 
Ms. Marko aired dates for The Brush musical, Once on This Island, on April 12th, 13th and 14th at the Brush Performing Arts Center and the next Board of Education Meeting will be held April 23rd.
 
SPECIAL PRESENTATION - Dr. Donald Spaner, Medical Control Officer and Karen Shelby EMS Manager from Hillcrest Hospital presented Lyndhurst Fire Department a Certificate for Clinical Excellence.
 
Mr. Ward thanked Dr. Spaner and Ms. Shelby for attending the meeting.
 
Mr. Ward congratulated the firemen who came in first place in the American Lung Terminal Tower Fight for Air Climb.
 
The meeting was opened to public comment:
 
Elyzabeth DeGiovanni, 5169 Thornbury, praised the firemen for the wonderful work they do. Ms. DeGiovanni inquired what reciprocity we have with South Euclid regarding the pool.
 
Mr. Ward explained we share equal reciprocity with them.
 
Ms. DeGiovanni asked for clarification on the definition of "certain individuals" that Ordinance 2013-13 refers to.
 
Mr. Ward explained "certain individuals" are persons less than eighteen (18) years of age.
 
E. Dale Inkley, 5126 East Farnhurst, stated Wednesday, April 3rd at 7:00PM The Ohio Division of Wildlife and The Highland Heights Green Task Force will hold a meeting regarding deer overpopulation at the Highland Heights Community Center.
 
Richard Clark, 5347 Chickadee Lane, inquired what the rules of conduct are at Council Meetings during the public comment section.
Mr. Ward explained all comments are addressed to the Chair and the Chair decides who shall respond.
Mr. Clark asked if anyone can suppress the resident that is speaking.
Mr. Ward stated that suppression should come from the chair.
 
Tina Tricarichi, 5610 Chelmsford, thanked Council for Resolution 2013-17 regarding the removal of Lyndhurst name from the library.
 
Mr. Ward stated the Director of the library received a copy of Resolution 2013-17 and she will be forwarding a copy to the Board for further review.
 
Mr. Packard thanked the Fire and Police Departments for accommodating Cub Scout Pack 433 with a tour and demonstrations.
 
Mr. Ward stated that the Hillcrest Council of Councils breakfast meeting will be April 6th, 9:00AM at 700 Beta Drive.
 
Mr. Schlessel reminded Council that the Heights Regional Commerce Expo will be May 9th, 3:00PM until 7:00PM, 700 Beta Drive.
 
SECOND READING
ORDINANCE NO. 2013-12
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY REPEALING EXISTING SECTION 432.43, AND ENACTING NEW SECTION 432.43 PROHIBITING TEXTING WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Marko, that Ordinance No. 2013-12 be placed on second reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-12 is placed on second reading.
 
SECOND READING
ORDINANCE NO. 2013-13
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING SECTION 432.44 PROHIBITING THE USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICES BY CERTAIN INDIVIDUALS WHILE DRIVING, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No. 2013-13 be placed on second reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-13 is placed on second reading.
 
FIRST READING
ORDINANCE NO. 2013-19
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 957.02 OF THE CODIFIED ORDINANCES REGARDING SWIMMING POOL ADMISSION FEES.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2013-19 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-19 is placed on first reading.
 
ORDINANCE NO: 2013-20
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BY NEWSPAPER PUBLICATION OR BY INTERNET AUCTION OF FIVE SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES 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. 2013-20 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-20 was highlighted by Mrs. Franco, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No. 2013-20 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-20 is passed.
 
ORDINANCE NO. 2013-21
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH DAN RAY CONSTRUCTION FOR THE BRAINARD ROAD PUMP STATION PROJECT, 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. 2013-21 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2013-21 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. 2013-21 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-21 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 8:35 P.M.


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