City of Lyndhurst, Ohio City Council
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June 3, 2013: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, June 3, 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, May 20, 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 - PROPERTY OF DISTINCTION AWARD
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING
ORDINANCE NO: 2013-26
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 107.06 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO BIDDING PROCEDURES.
 
SECOND READING
ORDINANCE NO. 2013-31
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ASSET TRANSFER AGREEMENT WITH THE CITY OF CLEVELAND, OHIO, REGARDING THE CITY OF LYNDHURST WATER DISTRIBUTION SYSTEM.
 
SECOND READING
ORDINANCE NO. 2013-32
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A JOINT DEVELOPMENT ZONE AGREEMENT WITH THE CITY OF CLEVELAND, OHIO.
 
SECOND READING
ORDINANCE NO. 2013-33 INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A REINSTATEMENT OF THE WATER SERVICE AGREEMENT FOR DIRECT SERVICE WITH THE CITY OF CLEVELAND, OHIO.
 
SECOND READING
ORDINANCE NO. 2013-34
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF LYNDHURST TO ENTER INTO A JOINT CONSTRUCTION AGREEMENT WITH THE CITY OF SOUTH EUCLID, OHIO FOR THE PROFESSOR ROAD RECONSTRUCTION PROJECT.
 
ORDINANCE NO. 2013-41
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE GRANTING OF ANY PERMITS ALLOWING THE OPERATION OF INTERNET CAFES IN THE CITY, OR PERMITS ALLOWING BUSINESSES TO DEVOTE FLOOR SPACE TO INTERNET BASED SWEEPSTAKES GAMES IN THE CITY, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-42
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2013 REPEALING ORDINANCE NO. 2013-38 AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2013-43
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1501.03 OF THE CODIFIED ORDINANCES OF THE CITY BY ENACTING NEW SECTION 1501.03(e).
 
REQUEST AUTHORIZATION TO ADVERTISE FOR BIDS: 2013 Sidewalk Program;
2013 Sewer Repair Program;
2013 Sewer Rehabilitation Program.
 
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.
 
June 3, 2013: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, June 3, 2013 at 8:03 P.M., Vice Mayor Patrick A. Ward, presiding.
 
Members Present: Council Representatives J. A. Gambatese, C. A. LoPresti, 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; J. R. Mandato, Building Inspector; M. J. Carroll, Chief of Fire; M. A. Franco, Assistant Clerk of Council.
 
Absent: Council Representative J. A. Marko; M. A. Kovalchik, Director of Finance; F. E. Glady III, Director of Service; T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Packard, seconded by Mr. Schlessel, that the reading of the minutes of the Regular Meeting of Council held Monday, May 20, 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 abstaining.
 
It was moved by Mr. Packard, seconded by Mr. Schlessel, that the reading of the minutes of the Special Meeting of Council held Monday, May 20, 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 abstaining.
 
MAYOR'S REPORT - Mayor Cicero had no report; however, he announced the 11th Annual Young at Heart party was held Sunday. He reported that it was a wonderful time with great attendance.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko was absent, therefore he had no report.
 
ROADS AND UTILITIES COMMITTEE
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
LEGISLATIVE COMMITTEE - Chairman Frey has no report.
 
AD HOC COMMITTEE ON PERFORMANCE AUDITS - Chairman Gambatese distributed a list of website links to performance audits. Mr. Gambatese told Mr. Ward he feels the Finance Committee should be in charge of the Ad Hoc Committee and he will only continue to be the Chairman of the Ad Hoc Committee if all members of Council are included.
 
Mr. Ward advised Mr. Gambatese that he has yet to provide any specific need for a performance audit. Mr. Ward stated there is no justification to spend between sixty thousand dollars ($60,000.00) and one hundred fifty thousand dollars ($150,000.00). Mr. Gambatese asked to be removed from the Ad Hoc Committee and the Agenda.
 
PLANNING COMMISSION - Chairman Schlessel had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Mr. Kent stated it is the end of the school year and the strategic planning process. Mr. Kent thanked Mr. Ward, Mr. Schlessel and Mr. Frey for their help with the strategic planning process. Mr. Kent stated there is a new assistant superintendent and explained the new performance management system for the central office.
 
Mr. Packard inquired on the status of the Korb Field project.
 
Mr. Kent stated everything is going as scheduled.
 
SPECIAL PRESENTATION - PROPERTY OF DISTINCTION AWARD
 
Mr. Ward explained the new Property of Distinction Award program.
 
The Mayor presented awards to the following residents:
 
Bruce and Deborah Jones - 4961 Hartley Drive
Joseph and Katherine Cipriano - 1160 Haverston Road
Scott Jewett - 5839 Alberta Drive
Michell Opalich - 4979 Countryside Road
 
The meeting was opened to public comment:
 
There was no public comment.
 
SECOND READING
ORDINANCE NO: 2013-26
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 107.06 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO BIDDING PROCEDURES
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2013-26 be placed on second reading.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-26 is placed on second reading.
 
SECOND READING
ORDINANCE NO. 2013-31
INTRODUCED BY:
COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ASSET TRANSFER AGREEMENT WITH THE CITY OF CLEVELAND, OHIO, REGARDING THE CITY OF LYNDHURST WATER DISTRIBUTION SYSTEM.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2013-31 be placed on second reading.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-31 is placed on second reading.
 
SECOND READING
ORDINANCE NO. 2013-32
INTRODUCED BY:
COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A JOINT DEVELOPMENT ZONE AGREEMENT WITH THE CITY OF CLEVELAND, OHIO.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2013-32 be placed on second reading.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-32 is placed on second reading.
 
SECOND READING
ORDINANCE NO. 2013-33
INTRODUCED BY:
COUNCIL AS A WHOLE
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A REINSTATEMENT OF THE WATER SERVICE AGREEMENT FOR DIRECT SERVICE WITH THE CITY OF CLEVELAND, OHIO.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2013-33 be placed on second reading.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-33 is placed on second reading.
 
THIRD READING
ORDINANCE NO. 2013-34
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF LYNDHURST TO ENTER INTO A JOINT CONSTRUCTION AGREEMENT WITH THE CITY OF SOUTH EUCLID, OHIO FOR THE PROFESSOR ROAD RECONSTRUCTION PROJECT.
 
It was moved by Mr. Frey, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-34 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-34 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No. 2013-34 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-34 is passed.
 
ORDINANCE NO. 2013-41
INTRODUCED BY:
COUNCIL AS A WHOLE
 
AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE GRANTING OF ANY PERMITS ALLOWING THE OPERATION OF INTERNET CAFES IN THE CITY, OR PERMITS ALLOWING BUSINESSES TO DEVOTE FLOOR SPACE TO INTERNET BASED SWEEPSTAKES GAMES IN THE CITY, AND DECLARING AN EMERGENCY
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-41 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-41 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No. 2013-41 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-41 is passed
 
ORDINANCE NO. 2013-42
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2013 REPEALING ORDINANCE NO. 2013-38 AND DECLARING AN EMERGENCY
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-42 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-42 was highlighted by Mrs. Franco, with Section 11 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No. 2013-42 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-42 is passed
 
ORDINANCE NO. 2013-43
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1501.03 OF THE CODIFIED ORDINANCES OF THE CITY BY ENACTING NEW SECTION 1501.03(e)
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2013-43 be placed on third reading for final passage and that it be highlighted.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Rules Suspended.
 
Ordinance No. 2013-43 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. 2013-43 be passed.
 
Roll Call: Yeas: Packard, Gambatese, Schlessel, Frey, LoPresti, Ward. Nays: None.
 
Motion carried.
 
Ordinance No. 2013-43 is passed
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that the Clerk be and she is hereby authorized and directed to advertise for bids for the 2013 Sidewalk Program, 2013 Sewer Repair Program, and 2013 Sewer Rehabilitation Program.
 
It was moved by Mr. Packard, seconded by Mr. Schlessel, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Mr. Ward reminded everyone Council is on summer schedule, there is only one meeting in June, July and August.
 
Approved: July 1, 2013
 
Meeting adjourned at 8:27 P.M.
 
Attest:
 
Clerk of Council
 
Vice Mayor



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