City of Lyndhurst, Ohio City Council
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April 15, 2013: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, April 15, 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, April 1, 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)
 
Requests for additions to the Agenda:
 
Public Comment:
 
THIRD 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.
 
THIRD 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.
 
SECOND READING
 
ORDINANCE NO. 2013-19
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 957.02 OF THE CODIFIED ORDINANCES REGARDING SWIMMING POOL ADMISSION FEES.
 
REQUEST AUTHORIZATION TO ADVERTISE FOR BIDS: 41,000 pounds gross vehicle rated weight truck chassis.
 
Planning Commission Recommendations:
 
Recommendation is made to Council to grant the request of Mr. Robert Bremec, on the behalf of James Wert, owner of 540 Eagle Point Drive, to consolidate Sub Lots 41 and 42; 540 and 550 Eagle Point Drive, into one parcel.
 
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 15, 2013: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, April 15, 2013 at 8:03 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: P. T. Murphy, 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; M. A. Franco, Assistant Clerk of Council.
 
Absent: J. M. Cicero, Jr., Mayor; M. A. Kovalchik, Director of Finance; 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, April 1, 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. Gambatese and Mr. Frey 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 the committee met tonight to further discuss Amended Ordinance 2013-19 and pool salaries. The committee recommends placing 2013-19 on second reading.
 
ROADS AND UTILITIES COMMITTEE
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
SAFETY COMMITTEE - Chairman LoPresti stated the Safety Committee met this evening to discuss K9 succession, Ordinance 2013-12 and 2013-13. The Committee recommends passage of 2013-12 and 2013-13 as written. The Committee recommends to Council allocation of sixteen thousand dollars ($16,000.00) from the Federal Equitable Sharing Fund to finance the purchase and training of a new K9 and handler.
 
LEGISLATIVE COMMITTEE - Chairman Frey had no report; however, he stated the Legislative Committee will meet May 6th at 7:15PM to discuss the water contract service agreement.
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - Chairman Gambatese had no report.
 
PLANNING COMMISSION - Chairman Schlessel stated that the Planning Commission met April 4th to discuss consolidation of lots at Eagle Point. The Planning Commission recommends Council grant the request.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - No representative was present
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that Resolution 2013-22 be added to the Agenda.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion Carried.
Rules Suspended.
 
The meeting was opened to public comment:
 
Elyzabeth DeGiovanni, 5169 Thornbury, inquired if Lyndhurst had received any funds from the Casino?
Mr. Ward said funds are in the hands of the county and he believes the money will be used for central and inner city improvements.
Ms. DeGiovanni asked the status of the gas station across the street from Lyndhurst City Hall.
Mr. Ward stated there are rumors of interest but nothing has been confirmed.
 
Mr. Frey announced the band boosters will be hosting a reception May 3rd from 7:00PM until 9:30PM at the Brush High School for Barry Hartz's retirement.
 
THIRD 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. LoPresti, that Ordinance No. 2013-12 be placed on third reading for final passage.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-12 is passed.
 
THIRD 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. Packard, that Ordinance No.2013-13 be placed on third reading for final passage.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-13 is passed.
 
SECOND 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 second reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2013-19 is placed on second reading.
 
RESOLUTION NO. 2013-22
INTRODUCED BY: ALL MEMBERS OF COUNCIL AND MAYOR CICERO
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO BARRY HARTZ FOR SERVICES RENDERED TO THE STUDENTS OF THE SOUTH EUCLID-LYNDHURST CITY SCHOOLS AS MUSIC DIRECTOR ON THE OCCASION OF HIS RETIREMENT.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that rules set forth under Section 123.01 of the Codified Ordinances be suspended, that Resolution No. 2013-22 be placed on second and third reading for final adoption and that it be read in its entirety.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Resolution No. 2013-22 was read in its entirety by Mrs. Franco.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Resolution No.2013-22 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2013-22 is adopted.
 
In response to request for same, it was moved by Mr. Packard, seconded by Mr. Marko, that the Clerk be and she is hereby authorized and directed to advertise for bids for the 41,000 pounds gross vehicle rated weight truck chassis
 
The question was put to a voice vote and passed unanimously.
 
Approve Recommendation of the Planning Commission:
 
Recommendation is made to Council to grant the request of Mr. Robert Bremec, on the behalf of James Wert, owner of 540 Eagle Point Drive, to consolidate Sub Lots 41 and 42; 540 and 550 Eagle Point Drive, into one parcel
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Council approve the recommendation of the Planning Commission to grant the request of Mr. Robert Bremec on the behalf of James Wert, owner of 540 Eagle Point Drive, to consolidate Sub Lots 41 and 42; 540 and 550 Eagle Point Drive, into one parcel.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Frey, LoPresti, Ward.
Nays: None.
 
Motion carried.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:18 P.M.


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