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Welcome to the City of Lyndhurst Agendas and Minutes section for Q1 of 2005.

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   CITY OF LYNDHURST COUNCIL, BOARDS, AND COMMISSIONS MEETINGS: MARCH 2005   
CONVENED ON:
March 28, 2005
Finance Committee
AGENDA
MINUTES
CONVENED ON:
March 23, 2005
Architectural Board of Review
AGENDA
MINUTES
CONVENED ON:
March 21, 2005
City Council
AGENDA
MINUTES
CONVENED ON:
March 21, 2005
Board of Control
AGENDA
MINUTES
CONVENED ON:
March 17, 2005
Finance Committee
AGENDA
MINUTES
CONVENED ON:
March 14, 2005
Board of Zoning Appeals
AGENDA
MINUTES
CONVENED ON:
March 7, 2005
Council Meeting
AGENDA
MINUTES
CONVENED ON:
March 7, 2005
Board of Control
AGENDA
MINUTES
   CITY OF LYNDHURST COUNCIL, BOARDS, AND COMMISSIONS MEETINGS: FEBRUARY 2005   
CONVENED ON:
February 24, 2005
Planning Commission
AGENDA
MINUTES
CONVENED ON:
February 21, 2005
City Council
AGENDA
MINUTES
CONVENED ON:
February 21, 2005
Board of Control
AGENDA
MINUTES
CONVENED ON:
February 14, 2005
Board of Zoning Appeals
AGENDA
MINUTES
CONVENED ON:
February 10, 2005
Civil Service Commission
AGENDA
MINUTES
CONVENED ON:
February 7, 2005
City Council
AGENDA
MINUTES
CONVENED ON:
February 7, 2005
Board of Control
AGENDA
MINUTES
CONVENED ON:
February 2, 2005
Planning Commission - Special Meeting
AGENDA
MINUTES
   CITY OF LYNDHURST COUNCIL, BOARDS, AND COMMISSIONS MEETINGS: JANUARY 2005   
CONVENED ON:
January 27, 2005
Architectural Board of Review - Special Meeting
AGENDA
MINUTES
CONVENED ON:
January 18, 2005
City Council
AGENDA
MINUTES
CONVENED ON:
January 18, 2005
Board of Control
AGENDA
MINUTES
CONVENED ON:
January 13, 2005
Civil Service Commission
AGENDA
MINUTES
CONVENED ON:
January 4, 2005
City Council
AGENDA
MINUTES
CONVENED ON:
January 4, 2005
Board of Control
AGENDA
MINUTES

 
CONVENED ON:
March 28, 2005
AGENDA:
Finance Committee
BACK TO TOP

 
The Finance Committee will meet on Monday, March 28, 2005 at 7:00 P.M. in the Council Chambers to discuss taxation.
 
Martin B. Puin, Chairman
 
Copies sent Personal Service to Members of Council; mailed to SUN MESSENGER, PLAIN DEALER, NEWS HERALD.
 
Copies to Mayor Cicero, P. Murphy, J. Borton, M. Kovalchik, C. Kastner, J. Nousek, Receptionist, Dispatcher, posted on Bulletin Board.
 
Sent via e-mail to the following: Alan Melamed, Bonnie Hampton, Cathy Carrier, Chuck LoPresti, Darlene Johnson, David Frey, Diane Kotowski, Eunice Horton, John Borthwick, Joy Saelzler, Ken Lombardo, Marty Stolz, Marvin Heimovitz, Michael Nocero, Mike Caputo, Patrick Ward, Veronica Feretti, Yuri Linetsky.
 
CONVENED ON:
March 28, 2005
MINUTES:
Finance Committee
BACK TO TOP

 
A verbatim transcript of the meeting is available in the Deputy Clerk's office.
 
The Finance Committee met on Monday, March 28, 2005 at 7:00 P.M. Present were all Members of Council, Mayor Cicero, Finance Director, Kovalchik and Law Director, Paul Murphy. The topic for discussion was taxation.
 
The Committee met to discuss property taxes in Lyndhurst. Representatives from the School Board explained school funding in Ohio and how it relates to residents' property taxes. The majority of property taxes (64%) goes toward funding local schools in South Euclid/Lyndhurst. 16% of property taxes go to the City. As an example, of $3,000 paid by a retired homeowner in Lyndhurst for property taxes, $480 represents the City's share.
 
The Chairman read minutes from the Finance Committee meting held March 17th. Revenue forecast, income, expenses were submitted by the administration (copy attached). Points outlined were: Lyndhurst will be spending in a $1.2M deficit position for calendar year 2005, and capital requests by department heads were cut by $2M per the administration's recommendation. On the income side, per the administration, revenues are flat.
 
The administration made a presentation to the Committee regarding a reduction in inside millage anywhere from 1 - 1.5 mills. This reduction would be from the City's Debt Service Fund and this would require the City to take on no major building projects over the next 3 - 4 years. One mill on an average $160,000 home in Lyndhurst would see a reduction to the taxes of approximately $49.00; a 1.5 mill reduction would represent a $73.01 reduction to the average $160,000 homeowner. This reduction will be reviewed on an annual basis. It was recommended by the Finance Director that Council not reduce the millage by two mills as that would adversely impact the City's bond rating.
 
The Committee heard public input regarding this topic. Council then began to discuss the administration's proposal, with each individual Councilman asking questions and stating their view on the possible rollback.
 
The final vote on this topic will take place at the April 4, 2005 meeting of City Council.
 
Meeting adjourned at 9:15 P.M.
 
Martin B. Puin, Chairman
 
CONVENED ON:
March 23, 2005
AGENDA:
Architechtural Board of Review
BACK TO TOP

 
ARCHITECTURAL BOARD OF REVIEW: To meet in Special Session on Wednesday, March 23, 2005, at 7:30 p.m., in the Conference Room of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members: Tom Milanich, Chairman Mayor Joseph M. Cicero, Jr., Nicholas DeBaltzo, Councilman Fisher, William Tamerlano
 
Others: Tom Kunz, Building Commissioner
 
Minutes: Approve minutes of the Special Meeting held January 27, 2005.
 
4982 Clubside Road: Review proposed plans for new two-story classroom addition to Julie Billiart School.
 
5151 Mayfield Road: Review proposed new ground sign for Marshall Equipment Company.
 
5128 Case Ave: Review proposed rear greenhouse addition.
 
CONVENED ON:
March 23, 2005
MINUTES:
Architechtural Board of Review
BACK TO TOP

 
The Architectural Board of Review met in Special Session on Wednesday, March 23, 2005, at 7:30 p.m., in the Conference Room of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members Present: Tom Milanich, Chairman, Mayor Joseph M. Cicero, Jr., Nicholas DeBaltzo, Councilman Fisher, William Tamerlano
 
Others Present: Tom Kunz, Building Commissioner
 
It was moved by Mr. Tamerlano, seconded by Councilman Fisher that the reading of the minutes of the Special Meeting held January 27, 2005, 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 with Mayor Cicero abstaining.
 
Motion carried.
 
It was recommended that the Agenda order be changed.
 
5128 Case Avenue Review proposed rear greenhouse addition.
 
Mr. Jeff Kenyon, Arcadia Glass House, presented a site plan and stated that the owner has asked his company to remove the existing dilapidated twelve (12') foot by sixteen (16') foot deck, and is proposing a ten (10') foot by twelve (12') foot greenhouse in its place. He then presented photographs. He further stated that the proposed greenhouse will be at ground level, have steps from the home leading down and it will match the existing roof line of the house.
 
In answer to Mr. Milanich's question, Mr. Kenyon stated that the proposed greenhouse would abut the house on two sides.
 
Mr. Kenyon further stated that each two (2') foot glass panel is framed in anodized aluminum, and an extruded aluminum frame. He stated that the existing sliding glass door from the house will remain and be used to access the proposed greenhouse from the house and a thirty-six (36) inch door will lead from the proposed greenhouse to the backyard. He further explained that the glass is not crystal clear, to maintain privacy.
 
In answer to Mr. Milanich's question, Mr. Kenyon stated that there will be a footer under the proposed greenhouse. He further stated that the floor of the proposed greenhouse will be gravel, with patio stones in the aisle, and a gas heater will be used.
 
He further stated that as far as he knows, the proposed greenhouse will not be used for any purpose other than plants.
 
In answer to Mr. Kunz's question regarding roof water drainage, Mr. Kenyon stated that no existing gutters will be moved; there is a gutter now which drains ten (10') feet from the house.
 
Mr. Kunz suggested that a drain tile system be installed around the perimeter of the proposed greenhouse, in lieu of gutters and downspouts, extend the stone flooring out to the base and divert the water to the nearest downspout.
 
Mr. Tamerlano suggested a five (5) course brick base on the proposed greenhouse to match the house brick.
 
Mr. Milanich also stated that the proposed greenhouse, aesthetically, should look like it is part of the house.
 
Mr. Kenyon stated that the area around the proposed greenhouse will be landscaped.
 
The Building Commissioner will look into whether or not the proposed greenhouse addition is considered a permitted accessory use under the zoning code, if it is, approval can be given by incorporating the recommendations of the Architectural Board of Review as to using brick around the base of the proposed greenhouse and adding drain tile in lieu of gutters and downspouts.
 
It was moved by Mr. Tamerlano, seconded by Mr. DeBaltzo that the proposed greenhouse addition be granted pending whether the Building Commissioner finds the proposed greenhouse a permitted use under the zoning code, and that bricks be used at the base of the proposed greenhouse, and adding drain tile in lieu of gutters and downspouts.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
5151 Mayfield Road
 
Review proposed new ground sign for Marshall Equipment Company.
 
Proposed ground sign plans were submitted to the Board.
 
It was recommended that the proposed sign be altered to conform to the sign requirements of the zoning code.
 
It was moved and seconded that the proposed new ground sign for Marshall Equipment Company not be approved as submitted.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
4982 Clubside Road
 
Review proposed plans for new two-story classroom addition to Julie Billiart School.
 
Proposed renderings and floor plans were submitted to the Board, it was stated that the proposed two-story addition will provide the much needed classroom space for the school. He further stated that there will also be a new proposed front entry way, which will be handicapped accessible with ramps and elevators. He then stated that with the proposed addition, an outdoor courtyard will be created. He then explained that there will also be a proposed one story addition to the gymnasium for storage requirements.
 
The architect explained that the proposed new entryway will be larger, approximately a ten (10') foot by twenty (20') foot area.
 
In answer to Councilman Fisher's question, the architect stated that they wanted the addition to stand out, and that it would be very difficult to match the existing color and materials on the exiting building. He further stated that he is proposing a smooth cast stone base on the addition, which will help to tie in the buildings. He further stated that there will be a two and a half (2 ') foot high retaining wall built of the same proposed cast stone. Various glass colors of aluminum windows were discussed.
 
In answer to Councilman Fisher's question, the architect stated that the heating and air conditioning unit will be on the roof, in the middle of the building, and not be visible due to the parapet.
 
Mr. Milanich commended the architect on the floor plan of the proposed addition. He then stated that a residential character had been maintained throughout the campus, however, with this proposal, the portion of the addition which faces Mayfield Country Club is a solid brick wall. Mr. Milanich suggested a hip roof, or other architectural feature which would make the proposed addition more residential in character, such as a manor house.
 
The architect stated that the wall won't be as significant as it looks on the renderings.
 
Sister Agnesmarie, Principal of Julie Billiart, stated that Mayfield Country Club has been aware of the project, and invited to attend meetings held by the City and by the school, they chose not to attend, and have not said anything regarding the architecture.
 
It was moved by Mr. Tamerlano, seconded by Mr. DeBaltzo that the proposed plans for a new two-story classroom addition to Julie Billiart School and materials be approved as submitted.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
It was moved by Mr. Tamerlano, seconded by Councilman Fisher that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried, meeting adjourned at 9:00 p.m.
 
CONVENED ON:
March 21, 2005
AGENDA:
City Council BACK TO TOP

 
COUNCIL MEETING: REGULAR MEETING of the Council of the City of Lyndhurst, Monday, March 21, 2005 at 8:00 P.M., Vice Mayor Scott F. Picker presiding.
 
MEMBERS PRESENT: Council Representatives D. J. Fisher, J. A. Gambatese, J. A. Marko, J. Mandel, S. F. Picker, M. B. Puin, H. Solomon.
 
OTHERS PRESENT: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; A. A. Adinolfi, Chief of Police; F. E. Glady, III, Director of Service; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; M. A. Kovalchik, Clerk of Council.
 
BOARD OF CONTROL:
 
PLEDGE OF ALLEGIANCE
 
Minutes: Approve Minutes of the Regular Meeting of the Board of Control held Monday, March 7, 2005.
 
Approve Purchase Requisitions:
 
OHIO ENERGY SPECIALISTS - Blanket order for gasoline and diesel fuel for April through June, 2005 - $33,246.00.
 
WINGFOOT COMMERCIAL TIRE - Blanket order for tires for City vehicles April through June, 2005 - $10,000.00.
 
SIGNAL SERVICE - Signal repair for February, 2005 - $2,280.19.

COUNCIL:
 
Minutes: Approve Minutes of the Regular Meeting of Council held Monday, March 7, 2005.
 
Committee Reports:
 
MAYOR'S REPORT
 
FINANCE COMMITTEE - PUIN
 
PUBLIC LANDS & BUILDINGS COMMITTEE - GAMBATESE
 
ROADS & UTILITIES COMMITTEE - MANDEL
 
SAFETY COMMITTEE - PUIN
 
Service and Sewers Committee - SOLOMON
 
LEGISLATIVE COMMITTEE - MARKO
 
PLANNING COMMISSION - FISHER
 
REQUESTS FOR ADDITIONS TO THE AGENDA:
 
PUBLIC COMMENT:
 
SECOND READING:ORDINANCE NO. 2005-16
 
INTRODUCED BY: AN ORDINANCE DETERMINING TO PROVIDE TAX RELIEF TO THE REAL PROPERTY TAX PAYERS OF LYNDHURST, OHIO BY PROVIDING FOR A REDUCTION IN THE REAL PROPERTY TAX RATE.
 
SECOND READING: ORDINANCE NO. 2005-17
 
INTRODUCED BY: TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CALENDAR YEAR ENDING DECEMBER 31, 2005, REPEALING ORDINANCE NO. 2004-72, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2005-18
 
INTRODUCED BY: AN ORDINANCE AUTHORIZING THE MAYOR TO DEPOSIT ESTATE TAXES (FORMERLY KNOWN AS INHERITANCE TAXES) COLLECTED BY THE CITY INTO THE GENERAL FUND AND/OR THE PERMANENT IMPROVEMENT FUND.
 
RESOLUTION NO. 2005-19
 
INTRODUCED BY: A RESOLUTION RATIFYING THE EXECUTION OF AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS, COUNTY OF CUYAHOGA, REGARDING THE FISCAL YEAR 2001 STATE DOMESTIC PREPAREDNESS EQUIPMENT PROGRAM AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2005-20
 
INTRODUCED BY: A RESOLUTION OPPOSING PRESIDENT BUSH'S PROPOSED JUB CUTS AT NASA, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2005-21
 
INTRODUCED BY: A RESOLUTION OPPOSING CUTTING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) AND OTHER PROGRAMS AS PROPOSED BY PRESIDENT BUSH.
 
ORDINANCE NO. 2005-22
 
INTRODUCED BY: AN ORDINANCE ACCEPTING AND APPROVING A WATER MAIN EASEMENT FROM RIVER CREEK, INC.
 
ORDINANCE NO. 2005-23
 
INTRODUCED BY: TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CALENDAR YEAR ENDING DECEMBER 31, 2005, REPEALING ORDINANCE NO. 2004-72, AND DECLARING AN EMERGENCY.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 05-02 Recommendation made to Council to confirm the decision of the Board in Case No. 05-02 to GRANT requested variance from the provisions of Section 1160.05 of the Planning and Zoning Code to Robert J Bajko, AIA, agent for Julie Billiart School located at 4982 Clubside Road to erect a rear addition on the school that would encroach 17' 7" into the 60' rear yard setback required in a one acre single family zoning district.
 
Correspondence:Ohio Division of Liquor Control for new D3 permit for CCF Hotel Services, Inc., dba Bolton House, 1950 Richmond Road.
 
CONVENED ON:
March 21, 2005
MINUTES:
City Council
BACK TO TOP

 
The Council of the City of Lyndhurst met in Regular Session on Monday, March 21, 2005 at 8:02 P.M., Vice Mayor Scott F. Picker presiding.
 
Members Present: Council Representatives D. J. Fisher, J. A. Gambatese, J. A. Marko, J. A. Mandel, S. F. Picker, M. B. Puin, H. Solomon.
 
Others Present: J. M. Cicero, Jr., Mayor; P. J. Murphy, Director of Law; A. A. Adinolfi, Chief of Police; F. E. Glady, III, Director of Service; G. M. Telzrow, Chief of Fire; M. A. Kovalchik, Secretary.
 
Absent: T. P. Kunz, Building Commissioner.
 
The following amendments to the minutes of the Regular Meeting of Council held Monday, March 7, 2005 were requested:
 
Mr. Puin requested that Page 1, last paragraph, second sentence be deleted and should read "He felt that there should be no proxy voting in the event of the absence of a Council Representative."
 
Mr. Picker requested the following amendment: Page 5, the second paragraph beginning "Wilma Landenberger, second sentence should state that "Mayor Cicero responded that it is important to realize that school funding was frozen at 1976 dollars and anytime a levy fails, property values are looked at."
 
Mr. Picker also requested that the minutes be amended to reflect that the Executive Session ended at 9:51 P.M.
 
It was moved by Mr. Puin, seconded by Mr. Marko, that reading of the minutes of the Regular Meeting of Council held Monday, March 7, 2005, copies of which were mailed to all Members be dispensed with and said minutes stand approved as amended.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero thanked the Neighbor to Neighbor program for the new resident welcome reception held last Saturday. He said it was a great success with 15-20 new residents in attendance. He announced that the Ladies of Lyndhurst Neighbor to Neighbor is having a fashion show on April 9th . Tickets are available at a cost of $25.00 at City Hall.
 
In answer to Mayor Cicero's question, Mr. Puin said the Finance Committee meeting on March 28th would be held beginning at 7:00 P.M. in the Council Chambers.
 
Mr. Mandel asked about the format of the meeting. Mr. Puin responded that it would be a Finance Committee meeting and that he would allow public comment.
 
FINANCE COMMITTEE - Chairman Puin reported on the meeting of the Finance Committee held March 17, 2005. A copy of said report is a part of the permanent record. Mr. Puin added that this had been the most difficult finance process that he had ever been involved in, stating that in his view, the City is struggling. He cautioned that Council and the Administration continue to be diligent in its spending. Mr. Puin mentioned several items such as firearms, radar units, portable radios, auxiliary police equipment and the MDT system in the Police Department; the purchase of a new rescue squad, resurfacing the Apparatus Room in the Fire Department; Brainard Park playground improvements, the park path in Brainard Park, improvements in the Finance Department, the Acacia Retention Basin (drain valve), pick-up truck in the Service Department, the salt brine system, the swab loader for the Service Department as items deleted from the capital expenditures for 2005.
 
Mr. Gamatese asked that EMS billing be explained. Chief Telzrow said that individual insurance companies would be billed. He said state regulations recognize the fact that residents pay taxes which would be considered toward any deductible that might have to be paid. He said the resident will never see a bill; the insurance company would then reimburse the City. The Chief added that there is no direct billing to residents.
 
Mayor Cicero agreed that it was a very difficult budget, but said the City is not in dire straits, that the financial condition of the City is good and we have a reserve fund. He said that in the last ten to twelve years, the City had spent more than it had taken in and that revenues have been flat. The Mayor added that this year it was clear that the City must institute some cost savings and spending cuts. He did not feel it was necessary to alarm the residents. He said he considered the anticipated reserve fund of $3.5M for the end of next year to be good. The Mayor said the reserve fund had declined over the years but was conscious of the fact that this is the reason for a rainy day fund. He said it is the job of the Administration and Council to put together a budget that has cost savings measures and spending cuts as part of it. The Mayor further explained that the capital budget is the department heads' "wish list", and clarified that there is no danger in not purchasing a new rescue squad and that police officers will have firearms. He said there are some financial concerns which would be addressed during the next 3-5 years. He hoped that revenues would level off and not continue to drop, but that they would increase. The Mayor said that the two housing developments that would be built in 2005 and 2006 would bring significant income into the City. He indicated that the Cleveland Clinic had applied for non-exempt status, but he was hopeful that the employees' income would help offset some of the losses in revenue.
 
The Mayor further stated that the City had anticipated Legacy Village to bring in $416,000.00 in income for this year; it brought in nearly $500,000.00. He said the City is trying to be reasonable and responsible and felt it was important to trim where possible, but continue to provide the services that everyone had grown accustomed to.
 
Mrs. Solomon thanked the department heads for stepping up to the plate and being very cooperative in cutting expenditures wherever possible. She said it was obvious that they were putting the needs of the citizens before the needs of their department.
 
With regard to the $3.5M estimated to be in the General Fund at the end of this year, Mr. Picker reminded his colleagues that at the beginning of 2004 there was $6.8M in reserves, which is a reduction of $3.3M over a two year period.
 
Mr. Puin added that he had seen several area Mayors on television expressing their concerns about cutting of local government funds, which will affect Lyndhurst as well. In addition, he said that the cutting of Inheritance Tax funds will hurt this community. He stressed that it is not so much the spending that is a concern, ($1.2M deficit) but pointed out that revenues are flat.
 
PUBLIC LANDS & BUILDINGS COMMITTEE- Chairman Gambatese had no report.
 
ROADS & UTILITIES COMMITTEE - Chairman Mandel had no report.
 
SAFETY COMMITTEE - Chairman Puin had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Solomon had no report.
 
LEGISLATIVE COMMITTEE - Chairman Marko had no report.
 
PLANNING COMMISSION - Mr. Fisher had no report, but commented he had attended a recent Board of Zoning Appeals meeting regarding the Julie Billiart School addition where the Board unanimously approved the 17' 7" setback variance as recommended by the Planning Commission. He said the Architectural Board of Review would meet this week to review plans.
 
The meeting was opened to public comment.
 
Debbie Teriaca, 1268 Brainard Road, read the following letter relative to seasonal help in the Service Department: "As a lifelong resident in the City of Lyndhurst we implore you to re-evaluate your stance on employing seasonal help for the Service Department. You have always supported the youth in our community and have offered them strong opportunities in the past. This has been of great value, not only for giving them a sense of pride in where they live, but it also has been a great value in our listing of community service and previous employment on college applications. Many of these young men rely heavily on these positions for college funding, of which they do not take lightly. We encourage you to stand behind them and give them this opportunity again. These are mostly Brush High School students and graduates of Brush, of which we thought you took pride in hiring. All of these young men have proved to be reliable and very thankful for their positions. Please do not turn your back on them. Show them your support today for perhaps you might need their support later." She said these young boys enjoy working for the City and enjoy living here.
 
Veronica Ferretti, 1424 Richmond Road, thanked Councilman Scott Picker for his commitment to hold the vote on the property tax rollback at the April 4th Council meeting. She said it was obvious that Mr. Picker was working to move this legislation forward and urged all Members of Council to do the same on April 4th.
 
Ginny Kellner, 1148 Irene Road, said that she had attended a Council meeting prior to the November/December newsletter being sent, and asked at that time that residents be asked to remove their trash cans from the tree lawns in a timely manner. She indicated that Mayor Cicero said he would address the issue in the newsletter and that two newsletters had since been published with no mention of the problem. Mrs. Kellner said that some trash cans are out all weekend and cause a hazard, as well as being unsightly. She hoped that the matter would be addressed soon.
 
Patrick Ward, 5140 Meadow Wood Blvd., commended the Mayor and Finance Director, along with department heads, who brought so much in the way of thoughtful variables to the table during the recent Finance Committee meeting. He indicated that the amount of work and detail put into the several budgets that were presented was monumental and hoped that Mrs. Kovalchik realized how much residents recognize and appreciate her hard work in that regard. He said the caliber of questions on certain line items made it apparent that the committee was unfamiliar with the purpose of various line items and therefore unprepared to make the decisions that needed to be made. Mr. Ward said that in October following a meeting on the City's income, Mr. Puin characterized the City's financial condition as OK. During last week's meeting, Mr. Puin indicated that revenues were down and Legacy Village revenues were down. However, Mr. Ward said according to the Mayor, the City's revenues are stable and Legacy Village is ahead of projections. He said the actions recommended at last week's meeting are coming at least one year too late and hoped that the measures recommended by the administration will be sufficient until the City's revenues rebound. Mr. Ward said that while the administration prepares the budget, it is Council's job to set the programs and the administration manages them. He commended Councilwoman Solomon for defending the recycling program and Councilman Mandel for the leadership he demonstrated in attempting to rein in spending.
 
Dorothy Conrad, 1827 Brainard Road, thanked Councilman Picker for his commitment to vote on the property tax rollback at the April 4th Council meeting. She urged Councilwoman Heidi Solomon and the rest of Council to vote for this plan on April 4th.
 
Dale Hinkley, 5126 E. Farnhurst, spoke relative to the tax rollback, stating he thinks the plan was ill conceived, ill presented and is now ill advised. He said he read that the federal government, as well as the State, are shifting expenses to the communities, states and counties and felt the proposed rollback of approximately $900,000 would be close to the budget deficit. He urged Council to rescind the rollback and keep the budget closer to balance.
 
Laura Horowitz, 1164 Gordon Road, said she supported the tax rollback, was a young person who had not grown up in Lyndhurst, but was happy here. She said she wants to stay in the community to raise her family and felt that a tax rollback would go a long way in keeping her here. She said this would help her household financially, but moreover, would help her trust the City government, which is very important to her. She asked that Councilman Joseph Gambatese, as well as other members of Council, vote for the plan on April 4th.
 
Ben Severn, 5498 Harleston Drive, said he is one of the seasonal employees who had worked for the Service Department. He said he relied on that job and urged Council to reconsider the budget proposal for the Service Department for this year.
 
Tom Parks, 1103 Gordon Road, said he thinks all residents would like lower taxes but felt the City should not rush into the tax rebate. He said he did not feel this should become a political situation and that the City should wait to see how the State and Federal Government cuts will impact the City of Lyndhurst.
 
The public comment portion of the meeting was closed and the meeting was opened to comments from Council and the Mayor.
 
Mr. Puin said the Finance Director collects the taxes and reports to Council, who in turn acts on the numbers provided. He said there are hundreds of items in the budget and it is impossible to be familiar with every line item. With regard to the Legacy Village tax revenues, Mr. Puin stated that during the campaign, $1.5M-$2.5M in revenues was promised and that has not happened. He said the City had received approximately $500,000.00 in revenues and if that is incorrect, the record should be corrected publicly.
 
Mr. Puin talked about a house on Gordon Road that had been condemned and asked if something could be done about the property. Mr. Murphy said it was his understanding that the matter is pending in court at the present time. He said there had been a number of delays, but is close to resolution. Mr. Murphy said he would check on the matter and report back to Council.
 
Mr. Puin asked about a survey he had received from the South Euclid/Lyndhurst Recreation Commission sponsored by the South Euclid/Lyndhurst City Schools, City of South Euclid and City of Lyndhurst and signed by Mayors Welo, Cicero and Ursu. Mayor Cicero responded that this was the survey that was mailed in regard to the feasibility of a recreation center that had been discussed. He said that about two years ago, the City allowed money from SELREC to pay for the feasibility study. He said the survey was mailed randomly to residents of Richmond Heights, South Euclid and Lyndhurst. Mr. Puin said that if a resident received the survey, they could assume that a feasibility study is underway for a Recreation Center. The Mayor said the study is underway, but it was his understanding from the committee that if the feasibility study comes back that the residents would not support a recreation center, it would not move ahead. Mr. Puin asked where funds would be obtained. The Mayor said that had yet to be determined, but said he made it clear that the City would not fund any building. Mr. Puin said he felt that position needs to be maintained with the public. He asked if there was a dollar amount to be expended and the Mayor said there would be no City funds expended for this project.
 
Mr. Gambatese announced that his Pizza Chat with Joe would be held on Saturday, March 26th from 11:30 - 12:30 P.M. at Tasty Pizza.
 
Mrs. Solomon asked Mrs. Kovalchik how much money was spent on part-time, seasonal employees in the Service Department and asked if the EMS billing could start sooner. Mrs. Kovalchik replied that she hoped to get one half of a year's collection which may be less, depending on when it is implemented. Mrs. Kovalchik explained that Council had approved continuing the part-time positions. She explained that the overall departmental request for part-time was $840,000 for all departments in all funds. Of that the Service Department's requests totaled $383,000. She said that the final approved budget for Service Department part-time/seasonal was $324,000 for all funds, specifically in the General Fund the requested budget for part-time seasonal was reduced by $58,000.
 
Mr. Marko said that as a parent he was concerned about the cuts in part-time, seasonal employees, and that because of policy changes, his son can no longer work at the Service Department. He said Council's responsibility to see that the City is fiscally sound and that decisions would be based on recommendations made by department heads.
 
SECOND READING
ORDINANCE NO. 2005-16
INTRODUCED BY:
 
AN ORDINANCE DETERMINING TO PROVIDE TAX RELIEF TO THE REAL PROPERTY TAX PAYERS OF LYNDHURST, OHIO BY PROVIDING FOR A REDUCTION IN THE REAL PROPERTY TAX RATE.
 
It was moved by Mr. Marko, seconded by Mr. Mandel, that Ordinance No. 2005-16 be placed on second reading.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Ordinance No. 2005-16 is placed on second reading.
 
SECOND READING:
ORDINANCE NO. 2005-17
INTRODUCED BY:
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CALENDAR YEAR ENDING DECEMBER 31, 2005, REPEALING ORDINANCE NO. 2004-72, AND DECLARING AN EMERGENCY.
 
Mayor Cicero recommended that Ordinance No. 2005-17 be defeated and that Ordinance No. 2005-23 be the Ordinance that Council accepts as its budget.
 
It was moved by Mr. Puin, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, and that Ordinance No. 2005-17 be placed on third reading for final passage.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
It was moved by Mr. Puin, seconded by Mr. Gambatese, that Ordinance No. 2005-17 be adopted.
 
Roll Call:
 
Yeas: None.
 
Nays: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Motion carried.
 
Ordinance No. 2005-17 is defeated.
 
ORDINANCE NO. 2005-18
INTRODUCED BY:
 
AN ORDINANCE AUTHORIZING THE MAYOR TO DEPOSIT ESTATE TAXES (FORMERLY KNOWN AS INHERITANCE TAXES) COLLECTED BY THE CITY INTO THE GENERAL FUND AND/OR THE PERMANENT IMPROVEMENT FUND.
 
Mr. Puin said that if this Ordinance were adopted, Council would be reversing forty-five years of fiscal policy in Lyndhurst. He did not feel this was sound policy.
 
It was moved by Mr. Puin, seconded by Mr. Gambatese, that Ordinance No. 2005-18 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Ordinance No. 2005-18 is placed on first reading.
 
Mr. Marko said he would call a meeting of the Legislative Committee to discuss this ordinance sometime after March 28th.
 
RESOLUTION NO. 2005-19
INTRODUCED BY: MR. FISHER
 
A RESOLUTION RATIFYING THE EXECUTION OF AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS, COUNTY OF CUYAHOGA, REGARDING THE FISCAL YEAR 2001 STATE DOMESTIC PREPAREDNESS EQUIPMENT PROGRAM AND DECLARING AN EMERGENCY.
 
It was moved by Mrs. Solomon, seconded by Mr. Puin, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2005-19 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Mayor Cicero said this is a housekeeping measure for Homeland Security Funds.
 
Resolution No. 2005-19 was highlighted by Mrs. Kovalchik, with Section 4 being read in its entirety.
 
It was moved by Mr. Fisher, seconded by Mr. Puin, that Resolution No. 2005-19 be adopted.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Resolution No. 2005-19 is adopted.
 
RESOLUTION NO. 2005-20
INTRODUCED BY: MAYOR CICERO AND ALL MEMBERS OF COUNCIL
 
A RESOLUTION OPPOSING PRESIDENT BUSH'S PROPOSED JOB CUTS AT NASA, AND DECLARING AN EMERGENCY.
 
It was moved by Mrs. Solomon, seconded by Mr. Puin, that rules set forth under Section 123.01 Codified Ordinances be suspended, that Resolution No. 2005-20 be placed on second and third reading for final passage and that it be adopted.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Mr. Marko said that he had heard that with the proposed job cuts, there would be programs to replace them, so he was unsure why Council would adopt a Resolution when the reason is unclear. Mayor Cicero said he asked that this be placed on the agenda, stating that this is at the request of the Mayors and City Managers of Cuyahoga County. He said that those who work at NASA Glenn work throughout the County and the loss of jobs will affect each community. He said the proposal would completely cut out the aeronautics division of the NASA Glenn Research Center and that as of last week there have been no decisions. The Mayor said that by sending fifty-seven resolutions to representatives in Washington, our voice cannot be ignored. Mr. Marko said that if jobs are not replaced, it would be very detrimental to northeast Ohio.
 
It was moved by Mrs. Solomon, seconded by Mr. Fisher, that Resolution No. 2005-20 be shown as having been introduced by Mayor Cicero and All Members of Council and that it be adopted.
 
Resolution No. 2005-20 was read in its entirety Mrs. Kovalchik.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Resolution No. 2005-20 was adopted.
 
RESOLUTION NO. 2005-21
INTRODUCED BY: MAYOR CICERO AND ALL MEMBERS OF COUNCIL
 
A RESOLUTION OPPOSING CUTTING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) AND OTHER PROGRAMS AS PROPOSED BY PRESIDENT BUSH.
 
It was moved by Mr. Puin, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended, and that Resolution No. 2005-21 be placed on second and third reading for final adoption.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Resolution No. 2005-21 was read in its entirety by Mrs. Kovalchik.
 
It was moved by Mr. Fisher, seconded by Mr. Puin, that Resolution No. 2005-21 be shown as having been introduced by Mayor Cicero and All Members of Council and that it be adopted.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Resolution No. 2005-21 is adopted.
 
Mr. Puin said that it would be tragic to lose funds that benefited the City of Lyndhurst, stating that cities had competed over the years and this is a significant cut by the Federal Government.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Resolution No. 2005-22 is adopted.
 
ORDINANCE NO. 2005-22
INTRODUCED BY: MR. MARKO
 
AN ORDINANCE ACCEPTING AND APPROVING A WATER MAIN EASEMENT FROM RIVER CREEK, INC.
 
It was moved by Mr. Gambatese, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2005-22 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Ordinance No. 2005-22 was highlighted by Mrs. Kovalchik, with Section 4 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Puin, that Ordinance No. 2005-22 be passed.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Ordinance No. 2005-22 is passed.
 
ORDINANCE NO. 2005-23
INTRODUCED BY:
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2005, REPEALING ORDINANCE NO. 2004-72 AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Puin, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2005-23 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Ordinance No. 2005-23 was highlighted by Mrs. Kovalchik, with Section 9 being read in its entirety.
 
It was moved by Mr. Puin, seconded by Mr. Fisher, that Ordinance No. 2005-23 be passed.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Ordinance No. 2005-23 is passed.
 
Confirm the decision of the Board of Zoning Appeals:
 
CASE NO. 05-02
 
Recommendation made to Council to confirm the decision of the Board in Case No. 05-02 to GRANT requested variance from the provisions of Section 1160.05 of the Planning and Zoning Code to Robert J. Bajko, AIA, agent for Julie Billiart School located at 4982 Clubside Road to erect a rear addition on the school that would encroach 17' 7" into the 60' rear yard setback required in a one acre single family zoning district.
 
The findings as recorded in the minutes of the meeting of the Board of Zoning Appeals held March 14, 2005 were read by Mrs. Kovalchik.
 
Mr. Fisher reiterated that the addition was unanimously approved by the Board of Zoning Appeals.
 
It was moved by Mr. Fisher, seconded by Mr. Gambatese, that the decision of the Board of Zoning Appeals in Case No. 05-02 be confirmed.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Correspondence from the Ohio Division of Liquor Control for a new D3 liquor permit for CCF Hotel Services, Inc., dba Bolton House, 1950 Richmond Road.
 
It was moved by Mrs. Solomon, seconded by Mr. Puin, that request for approval of a new D3 liquor permit for CCF Hotel Services, Inc., dba Bolton House located at 1950 Richmond Road be tabled pending receipt of further information from the Law Director relative to the Cleveland Clinic's request for non-profit tax exempt status and their request to sell liquor.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Puin, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 9:10 P.M.
 
CONVENED ON:
March 21, 2005
AGENDA:
Board of Control
BACK TO TOP

 
 
TO BE POSTED
 
 
CONVENED ON:
March 21, 2005
MINUTES:
Board of Control
BACK TO TOP

 
The Board of Control of the City of Lyndhurst met in Regular Session on Monday, March 21, 2005 at 8:00 P.M., Scott F. Picker, Chairman, presiding.
 
Members Present: Council Representatives D. J. Fisher, J. A. Gambatese, J. A. Marko, J. A. Mandel, S. F. Picker, M. B. Puin, H. Solomon.
 
Others Present: J. M. Cicero, Jr., Mayor; P. J. Murphy, Director of Law; A. A. Adinolfi, Chief of Police; F. E. Glady, III, Director of Service; G. M. Telzrow, Chief of Fire; M. A. Kovalchik, Secretary.
 
Absent: T. P. Kunz, Building Commissioner.
 
All stood for the Pledge of Allegiance.
 
It was moved by Mr. Marko, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of the Board of Control held Monday, March 7, 2005, 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.
 
OHIO ENERGY SPECIALISTS - Blanket order for gasoline and diesel fuel for April through June, 2005 - $33,246.00.
 
It was moved by Mr. Marko, seconded by Mr. Puin, that the Mayor be and he is hereby authorized and directed to enter into contract with Ohio Energy Specialists for blanket order for gasoline and diesel fuel for April through June, 2005 for a total cost of $33,246.00.
 
The question was put to a voice vote and passed unanimously.
 
WINGFOOT COMMERCIAL TIRE - Blanket order for tires for City vehicles, April through June, 2005 - $10,000.00.
 
It was moved by Mr. Puin, seconded by Mr. Mandel, that the Mayor be and he is hereby authorized and directed to enter into contract with Wingfoot Commercial Tire for blanket order for tires for City vehicles for April through June, 2005 for a total cost of $10,000.00.
 
The question was put to a voice vote and passed unanimously.
 
SIGNAL SERVICE - Signal repair for February, 2005 - $2,280.19.
 
It was moved by Mr. Gambatese, seconded by Mr. Fisher, that the Mayor be and he is hereby authorized and directed to enter into contract with Signal Service for signal repair for February, 2005 for a total cost of $2,280.19.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Marko, seconded by Mr. Fisher, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:02 P.M.
 
CONVENED ON:
March 17, 2005
AGENDA:
Finance Committee
BACK TO TOP

 
The Finance Committee will meet on Thursday, March 17, 2005 at 8:30 P.M. in the Council Chambers to discuss the 2005 Budget.
 
Martin B. Puin, Chairman
 
Copies sent Personal Service to Members of Council; mailed to SUN MESSENGER, PLAIN DEALER, NEWS HERALD.
 
Copies to Mayor Cicero, P. Murphy, J. Borton, M. Kovalchik, C. Kastner, J. Nousek, Receptionist, Dispatcher, posted on Bulletin Board.
 
Sent via e-mail to Patrick Ward, Yuri Linetsky, Alan Melamed, David Frey, Adelphia, J. Borthwick, K. Lombardo, J. Saelzler.
 
CONVENED ON:
March 17, 2005
MINUTES:
Finance Committee
BACK TO TOP

 
 
TO BE POSTED
 
 
CONVENED ON:
March 14, 2005
AGENDA:
Board of Zoning Appeals
BACK TO TOP

 
THE BOARD OF ZONING APPEALS: To meet in Regular Session on Monday, March 14, 2005 at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members: J. Fred Triggs, Chairman, David Bader, Frank Novak, Tom Milanich, Russell Warren
 
Others:
 
Paul Murphy, Director of Law
 
Steve Puck, Building Inspector
 
Clarice J. White, Acting Secretary
 
Minutes: Approve minutes of the Regular Meeting held February 14, 2005.
 
Case No. 2005-02: Request of Robert J. Bajko, AIA, agent for Julie Billiart School, 4982 Clubside Road, for a variance from the provisions of Section 1160.05 of the Planning and Zoning Code. The applicant requests a variance to erect a rear addition on the school that would encroach 17' 7 into the 60' rear yard setback required in a one acre single family zoning district.
 
CONVENED ON:
March 14, 2005
MINUTES:
Board of Zoning Appeals
BACK TO TOP

 
The Board of Zoning Appeals met in Regular Session on Monday, March 14, 2005 at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members Present: J. Fred Triggs, Chairman, David Bader, Tom Milanich, Russell Warren
 
Member Absent: Frank Novak
 
Others Present: Paul Murphy, Director of Law, Steve Puck, Building Inspector, Clarice J. White, Acting Secretary
 
It was moved by Mr. Bader, seconded by Mr. Milanich that the reading of the minutes of the Regular Meeting held February 14, 2005, 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.
 
Motion carried.
 
Case No. 2005-02
 
Request of Robert Bajko, AIA, agent for Julie Billiart School, 4982 Clubside Road, for a variance from the provisions of Section 1160.05 of the Planning and Zoning Code. The applicant requests a variance to erect a rear addition on the school that would encroach 17'7 into the 60' rear yard setback required in a one acre single family zoning district.
 
Grounds for appeal and Section 1160.05 were read by Mr. Milanich, Secretary.
 
Letters of invitation were mailed to all abutting property owners, a copy of which is made part of the permanent file.
 
Mr. Puck stated no letters were received by the Building Department in response to the notices sent.
 
Mr. Warren stated that since he is a member of the Board of Directors of Mayfield Country Club, an abutting property, he will abstain from any vote regarding this case.
 
The following witnesses signed the register and were sworn in by Mr. Murphy:
 
Robert J. Bajko, 2897 Berkshire Rd, Cleveland Hts, 44118
Sister Agnesmarie, SND, 4982 Clubside Rd
Dale J. Fisher, Councilman, 5691 Wellington
 
Mr. Bob Bajko, Architect and Agent for Julie Billiart School, presented a proposed colored, graphic site plan and proposed civil plan and testified that the proposed addition would wrap around the rear of the existing school to the west, and the proposed second story addition will tie into the existing second floor. He further testified that there will be an interior courtyard, which will filter natural light into the building.
 
In answer to Mr. Triggs's question, Mr. Bajko testified that the ravine is about twenty-five (25') feet from the edge of the corner of the building. He further testified that the variance is being sought to fit the needs of the school, and to deal with the existing site conditions.
 
Mr. Milanich stated that the proposed plans submitted to the members of the Board of Zoning Appeals prior to the meeting are slightly different than what is being proposed now. He then asked if there would be any additional landscaping to supplement the existing bank of trees to the south of the property.
 
Mr. Bajko testified that they are still in the development stages of the plan. He then testified that there is significant vegetation growth already and there are no plans to add additional landscaping but will not be removing any vegetation from the site, unless necessary.
 
Sister Agnesmarie, Principal of Julie Billiart School, testified that any trees that happen to be removed will be replaced. She further testified that a year or two ago a new driveway was built, and new landscaping was planted in the front of the school. She further testified that the school is very cognizant of its neighbors and the fact that the school is in a residential area, therefore, the school is continually adding landscaping to supplement and replace aging trees. She then testified that the proposed addition is needed to enlarge the existing cramped classrooms for the junior high students, to better enhance each existing classroom's resource rooms which are used for special needs, and to have a better pedestrian flow in the building.
 
Mr. Bader recommended saving as many trees as possible on the site. Mr. Bajko testified that he would maintain as many existing trees as possible.
 
Sister Agnesmarie testified that there is a lot of undergrowth on the property and that more trees would be planted this year.
 
In answer to Mr. Triggs's question, Mr. Bajko testified that the sixteenth (16th) green located on Mayfield Country Club property, is the closest to the school property.
 
In answer to Mr. Bader's question regarding communication with Mayfield Country Club, Sister Agnesmarie testified that Mr. Kunz told her that he would write a letter to the country club and other abutting properties notifying them of this proposal. She further testified that she has contacted Chuck Woods of the country club, and he advised the school to keep him apprised of the situation.
 
Councilman Dale Fisher, testified that he and other members of council were invited to tour this property, and feels the need for the proposed addition is great. He then testified that he feels the request for variance is not out of line due to the amount and topography of property. He then asked if fire apparatus is able to drive around the building, and if abutting property owners were contacted.
 
Mr. Bajko stated that fire apparatus is able to maneuver around the building.
 
In answer to Councilman Fisher's second question, Mr. Triggs stated that the abutting property owners were notified of this meeting, and that the Building Department had not received any responses from those notices sent.
 
FINDINGS
 
The Board finds that:
  1. The topography is such that the northern portion of the site has a significant slope from Clubside Road back, and limits any type of building expansion to the north and west.

  2.  
  3. There were no objections from abutting property owners.

  4.  
  5. There is a close proximity to the golf course, and not residential homes.

  6.  
  7. This proposed addition or the subsequent attempts by the property owner, to provide additional landscaping does not violate the green space which the zoning code enforces on residential neighborhoods, but still fulfills the requirement even though the proposal encroaches into the required setback.

  8.  
  9. The property owner did not create hardship.

  10.  
  11. All trees, and root structures that do not fall in the footprint of the building need to be preserved. If any trees meeting that criterion are damaged during construction or are shocked by the construction and die in the first year following construction, they will be replaced by mature stock that matches the tree(s) lost.

It was moved by Mr. Milanich, seconded by Mr. Bader that recommendation be made to Council to confirm the decision of the Board to grant requested variance based on the above findings.
 
The question was put to a voice vote and passed with Mr. Warren abstaining.
 
Motion carried.
 
It was moved by Mr. Milanich, seconded by Mr. Triggs that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried, meeting adjourned at 8:20 p.m.
 
CONVENED ON:
March 7, 2005
AGENDA:
City Council
BACK TO TOP

 
COUNCIL MEETING: REGULAR MEETING of the Council of the City of Lyndhurst, Monday, March 7, 2005 at 8:00 P.M., Vice Mayor Scott F. Picker presiding.
 
MEMBERS PRESENT: Council Representatives D. J. Fisher, J. A. Gambatese, J. A. Marko, J. Mandel, S. F. Picker, M. B. Puin, H. Solomon.
 
OTHERS PRESENT: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; A. A. Adinolfi, Chief of Police; F. E. Glady, III, Director of Service; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; M. A. Kovalchik, Clerk of Council.
 
BOARD OF CONTROL: PLEDGE OF ALLEGIANCE
 
Minutes: Approve Minutes of the Regular Meeting of the Board of Control held Monday, February 21, 2005.
 
Award Contracts: For bids received in answer to advertised request for repair of communication equipment.
 
For bids received in answer to advertised request for traffic signal repair.
 
Approve Purchase Requisitions: DUVIN, CAHN & HUTTON - Labor Counsel legal services - $7,500.00.
 
SELREC - 2005 Contribution - $24,949.00.
 
BUREAU OF WORKERS' COMPENSATION - 2004 Bureau of Workers' Compensation premium - $159,655.91.
 
CARBONE & MURPHY CO., LPA. - Legal services January through March, 2005 - $12,000.00.
 
COUNCIL:
 
Minutes: Approve Minutes of the Special Meeting of Council held Monday, February 21, 2005.
 
Approve Minutes of the Regular Meeting of Council held Monday, February 21, 2005.
 
Committee Reports:
 
MAYOR'S REPORT FINANCE COMMITTEE - PUIN
 
PUBLIC LANDS & BUILDINGS COMMITTEE - GAMBATESE
 
ROADS & UTILITIES COMMITTEE - MANDEL
 
SAFETY COMMITTEE - PUIN
 
Service and Sewers Committee - SOLOMON
 
LEGISLATIVE COMMITTEE - MARKO
 
PLANNING COMMISSION - FISHER
 
REQUESTS FOR ADDITIONS TO THE AGENDA:
 
PUBLIC COMMENT:
 
RESOLUTION NO. 2005-14
 
INTRODUCED BY: A RESOLUTION AUTHORIZING THE CITY FIRE CHIEF TO MAKE APPLICATION TO THE STATE OF OHIO DEPARTMENT OF COMMERCE, DIVISION OF THE STATE FIRE MARSHAL FOR TRAINING AND EQUIPMENT PURCHASE GRANT FUNDS; AUTHORIZING THE CITY TO EXECUTE ANY AND ALL DOCUMENTS RELEVANT THERETO; AUTHORIZING THE ACCEPTANCE OF SAID FUNDS; AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2005-15
 
INTRODUCED BY: A RESOLUTION AUTHORIZING THE CITY FIRE CHIEF TO MAKE APPLICATION TO THE STATE OF OHIO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF EMERGENCY MEDICAL SERVICES FOR TRAINING AND EQUIPMENT PURCHASE GRANT FUNDS; AUTHORIZING THE CITY TO EXECUTE ANY AND ALL DOCUMENTS RELEVANT THERETO; AUTHORIZING THE ACCEPTANCE OF SAID FUNDS; AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2005-16
 
INTRODUCED BY: AN ORDINANCE DETERMINING TO PROVIDE TAX RELIEF TO THE REAL PROPERTY TAX PAYERS OF LYNDHURST, OHIO BY PROVIDING FOR A REDUCTION IN THE REAL PROPERTY TAX RATE.
 
ORDINANCE NO. 2005-17
 
INTRODUCED BY: TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CALENDAR YEAR ENDING DECEMBER 31, 2005, REPEALING ORDINANCE NO. 2004-72, AND DECLARING AN EMERGENCY.
 
Correspondence: Ohio Division of Liquor Control for transfer of C1 and C2 liquor permits from Brothers Three, Inc. dba Lyndhurst Beverage to Zubek Enterprises, LLC dba Lyndhurst Beverage, 5343 Mayfield Road.
 
Ohio Division of Liquor Control for transfer of D1 and D2 liquor permits from AN COR ENT, INC. dba Trivisonno's Restaurant to S B Silver, Inc. dba Argento's Restaurant, 5359 Mayfield Road.
 
CONVENED ON:
March 7, 2005
MINUTES:
City Council
BACK TO TOP

 
The Council of the City of Lyndhurst met in Regular Session on Monday, March 7, 2005, at 8:08 P.M., Vice Mayor Scott F. Picker presiding.
 
Members Present: Council Representatives D. J. Fisher, J. A. Gambatese, J. A. Marko, J. A. Mandel, M. B. Puin, S. F. Picker, H. Solomon.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; A. A. Adinolfi, Chief of Police; F. E. Glady, III, Director of Service; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; M. A. Kovalchik, Secretary.
 
It was moved by Mr. Marko, seconded b Mr. Fisher, that reading of the minutes of the Special Meeting of Council held Monday, February 21, 2005, 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, with Mr. Picker abstaining.
 
It was moved by Mr. Marko, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of Council held Monday, February 21, 2005, 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, with Mr. Picker abstaining.
 
Mr. Picker said that all Members of Council had received Rules of Order that had been prepared by the Law Director and asked if there were any questions. Mr. Fisher requested that all legislation be reviewed in committee prior to submission to the Law Director for drafting. He felt it was important that legislation be discussed prior to being placed on the agenda.
 
Mr. Puin commended Mr. Murphy for the excellent job he did in preparing the Rules of Order for Council. He thought that perhaps some type of proxy voting could be added to the rules to provide for a vote in the event of an absence of a Council Representative. Mr. Murphy responded that there is a provision in the ORC or City Charter that all members must be present in order to vote, and that a vote may not be cast by telephone or proxy. He added that the rules could be adopted and then changed at any time by a vote of Council as the need arises.
 
It was moved by Mr. Fisher, seconded by Mr. Puin, that Rules of Order be approved as submitted and that consideration be given at a later time that all legislation be reviewed by committee prior to submission to the Law Director for drafting and that changes be made as necessary.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Rules of Order adopted.
 
MAYOR'S REPORT - Mayor Cicero said he submitted to the Law Director two proposed ordinances; one in opposition of the President's plan to cut back NASA and the Glenn Research Center which would eliminate jobs throughout the County, and another in opposition of Community Development Block Grant Funds being cut. He asked that Council review the ordinances for placement on the agenda for March 21st.
 
Mayor Cicero recommended that Ordinance Nos. 2005-16 and 2005-17 be placed on first reading this evening and that a Finance Committee meeting be held to discuss same.
 
FINANCE COMMITTEE - Chairman Puin reported on the meeting of the Finance Committee held March 2, 2005. A copy of said report is a part of the permanent record. Mr. Puin thanked and commended the Finance Director for the hard work she did in preparing the budget.
 
Mr. Puin said that since the meeting of March 2nd there had been extensive discussion and new numbers presented by the Finance Director. He said Council had been reminded that spending cannot exceed revenues and that they had been presented with Budgets A, B, C and D. He pointed out that the growth of the estate tax in the City of Lyndhurst in 2001 and the TRW parachute program for executives resulted in higher revenues for the City, which allowed the City to operate without cutting the budget in any way during that time. He said that in addition to those revenues not being available any longer, the City is faced with revenues from Legacy Village not being what had been anticipated. Mr. Puin indicated that the State would also be cutting inheritance tax at some point, as well as the local government fund. He said that with the expenditures at the current level and the reduction in revenues, the Council needs to look at a balanced budget. He thanked the Mayor and Finance Director for their hard work in preparing these budgets for Council's review. He called a meeting of the Finance Committee to be held on Thursday, March 17, 2005 at 7:00 P.M. to discuss the 2005 budget.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Gambatese had no report.
 
ROADS & UTILITIES COMMITTEE - Chairman Mandel had no report.
 
SAFETY COMMITTEE - Chairman Puin had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Solomon had no report. She explained the recycling program to residents, stating that old computers can be placed with recycling for pickup.
 
LEGISLATIVE COMMITTEE - Chairman Marko had no report.
 
PLANNING COMMISSION - Mr. Fisher reported on the meeting of the Planning Commission held February 24, 2005. Minutes of that meeting are a part of the permanent record.
 
The meeting was opened to public comment:
 
Norm Kay, 5267 Meadow Wood Blvd., said he would like to know whether Council planned to vote on the 2 mill tax reduction this evening. Mr. Picker said the item is on the agenda, but that the ordinance would be placed on first reading and not voted on this evening. Mr. Picker said he thought the ordinance would be considered at the first meeting in April and that comments could be made from the public during the public comment portion of that meeting.
 
Patrick Ward, 5140 Meadow Wood Blvd., said that there had been extensive discussion relative to the budget and what funds may or may not be available to afford the residents some tax relief. He spoke about the amount of experience of senior members of Council versus the junior members of Council and wondered what benefit the residents were receiving from those many years of experience. He said he had attended this year's budget meeting and said that once again, like last year, proposed expenditures far exceeded anticipated revenues. He felt that no constructive suggestions were brought to the table; only comments relative to eliminating services or events and laying off of personnel in an attempt to save money. He commended Mr. Mandel for suggesting that non-statutory expenses be held to an increase of no more than 3.5% and was ashamed at the condescending, negative, response his suggestion had received from his colleagues. He indicated that if consideration had been given to Mr. Mandel's suggestion, along with other adjustments and transfers, the net result would have been $135,000 that needed to be trimmed from the general fund. He was confident that the administration and department heads could have balanced that amount to keep increases in line. Mr. Ward said that with prudent planning he was sure that the reserves that are available would carry the City through until income becomes more predictable. In addition, Mr. Ward thanked Mr. Mandel and Mr. Marko for their suggestions and hoped that Council would reflect upon their actions with regard to the budget before there are no options available and drastic measures are required.
 
Ed Klimas, 4893 So. Sedgewick, said he appeared at the last meeting and asked Council for an equitable distribution of the proposed tax refund. He complimented Mr. Mandel and his colleagues who had proposed a rebate in the form of reduced future taxes. Mr. Klimas felt that this proposal was fair and it was important to not over tax residents.
 
Mr. Klimas talked about an alleged attempt to bribe the school administration by a vendor. He wondered if the law department was investigating this matter. Mr. Murphy stated that the law department is not investigating the matter at this time and that the City has no jurisdiction over the School Board; if there is any evidence of impropriety having to do with the City, it would be handled in the proper manner. To Mr. Murphy's knowledge, there were no allegations made regarding the City of Lyndhurst.
 
Mr. Puin added that the School Board has its own legal counsel. In answer to Mr. Klimas' question, Mr. Murphy stated that if a law is broken in the City, it is the responsibility of the City prosecutor to prosecute once it is reported and investigated by the Police Department. Mr. Murphy further explained that this body is a civil body and that the criminal portion is separate from the City of Lyndhurst and City Council.
 
Veronica Ferrette, 1420 Richmond Road, said she wrote the following letter to the SUN MESSENGER:
 
"I've been following the SUN MESSENGER articles, editorials and letters regarding tax relief and I want my two cents in. After reading about this issue for the past month and a half I've come to the conclusion that I think our City Council have the best interest of the residents at heart. While they all may not agree on the issue of tax relief or how exactly to provide it, it seems that they all have an understanding of the reality that high taxes place a difficult burden on residents. I think it's important for our community to understand that our high tax burden in Lyndhurst is not a product of our City Council raising taxes. In fact, from attending City Council meetings I've learned that the City Council hasn't raised our taxes in a long time. Considering this I think its all the more admirable that our City Council is working together to try to alleviate the problem that they didn't even cause. I encourage the community to keep an open mind about tax relief and I applaud our City Council for approaching this issue in a responsible manner."
 
Marge Cirillo, 5173 Graham Drive, made the following statement at the meeting of February 21st: "It's the elected officials' duty to vote with the voices of constituents whether or not they agree or find a way to compromise". She said she also attended the budget meeting to observe the process and better understand the financial status of the City. She said she saw no evidence of the compromise that she asked for, but heard about plans to spend approximately $3,000,000 more than the City brings in. She felt that Mr. Mandel was the only Council Representative concerned about keeping spending within the income of the City. She asked that Members of Council join Mayor Cicero and Mr. Marko in supporting some type of tax relief for the citizens and thanked Mr. Mandel for opening the door to the idea.
 
Ralph Ritchie, 5269 Marian Drive, also attended the budget meeting. He thanked Mayor Cicero and Members of Council for their open minded approach to tax relief for all Lyndhurst residents. He said the comments made by Mr. Fisher and Mrs. Solomon were in line with the priorities of Lyndhurst residents and thought it was great that the City Council was working as a team and hoped this would continue in the future.
 
Dorothy Conrad, 1827 Brainard Road, said she also had the opportunity to attend the Finance Committee meeting on March 2nd . She said that Mr. Marko introduced a proposal for a rollback of tax millage and Mr. Mandel said he was willing to investigate that possibility. She said she is in favor of any plan that would benefit all residents. Ms. Conrad said she was hopeful when she left the meeting and felt that Council and the Mayor would work together to ensure that the residents of Lyndhurst receive some type of tax relief. She commended those who came forward to introduce new ideas for managing the City and taxpayers' money.
 
Wilma Landenberger, 5667 Wellington Road, asked if property values would go down because of lowering taxes or not supporting schools. Mayor Cicero responded that it is important to realize that the schools do not get any more money than they did in 1976 and any time a levy fails, property values are looked at. He said that makes it more difficult for people to want to move into the community. He said a rollback would not affect the property value, but might entice people to vote for the school levy. He cautioned that property values could go down if the school levy fails.
 
Mr. Picker closed the public comment portion of the meeting.
 
Mr. Puin commented that he agreed with Ms. Conrad, stating that he also is in favor of any plan that would benefit residents. He also agreed that Council should not spend more money than they take in, and explained that Ordinance No. 2005-17 would be tabled pending resolution of the budget in order to accomplish that goal.
 
Mr. Fisher thanked Mr. Mandel for reminding Council that the City does not spend more than it is taking in. He said he was discouraged when he left the meeting because cuts were minimal since department heads presented to Council only items they really need. He thought that residents had the perception that money is being spent carelessly, pointing out that expenditures had not increased over the last several years, but that revenues were below expectations, causing a large gap in the budget. He said Council had decided to spend only what revenues would allow. He said Council and the administration are still in the process of studying the budgets. Mr. Fisher stated that there were three hallmarks of the Lyndhurst budget through the years; to not spend more than is taken in, to make sure emergency funds are in place in the event they are needed, and to ensure sure that all departments are running efficiently. He said the common goal of Council and the administration is to provide the maximum services to the City of Lyndhurst and to balance the budget.
 
Mrs. Solomon thanked those who commented for recognizing that Council is working cooperatively with a common goal in mind. Relative to the meetings with the School Board, she said it is important to know that the schools are a valuable part of the community, that there had been a lot of positive energy at those meetings and that the cities of Lyndhurst and South Euclid are working are working cooperatively with the School Board in an attempt to get the levy passed. She asked residents to consider investing in the future of the children.
 
Mr. Marko said he appreciated comments from the public relative to the resolution regarding tax relief. He said he was not solely responsible for introducing the ordinance; that everyone had mentioned this type of tax relief at one time or another. He said this had been an effort by the Mayor and several Members of Council to provide tax relief to residents.
 
Mr. Gambatese said the "Women of Ward 2" advisory committee would be meeting on Thursday, March 10th from 7:00 - 8:00 P.M. at the Community Center.
 
Mr. Mandel thanked Mr. Fisher and residents who attended the budget meeting for their comments and felt it was important that Council work together to have a budget in which the percentage of increase in perspective revenue mirrors the percentage of increase in perspective spending. He felt that it was important to get as close as possible and thanked the Finance Director for her work in preparing the different budgets. He added that by sending out the letter to the community relative to tax relief, the subject that had been brought to his attention during his campaign was brought to light. He said that residents of Lyndhurst can trust all those sitting on Council, who have the best interest of residents in mind. He said that he is confident that all decisions made relative to the budget and tax relief would be made in a responsible manner as a team.
 
Mr. Picker clarified that he had requested the balanced budget of the Mayor on Friday, not over the weekend. In answer to Mr. Mandel's comment, Mayor Cicero said that all four budgets that were presented were privileged and confidential at this time and would not respond as to who had requested same.
 
Mr. Picker said the City would be hosting a presentation by the Ohio Ethics Commission entitled "How to Stay out of Trouble While Doing your Job: Ohio Ethics Laws". The presentation would be extended to all Mayors, Council representatives, department heads and city employees of surrounding communities to hear the informative session which will be held on Wednesday, April 13, 2005 at 7:30 P.M. Lynn Honeck from the Ohio Ethics will be present at the meeting.
 
Mr. Picker also announced that his next Bagel Chat would be held on Saturday, March 26th at Broadway Bagels between 9:00 - 10:00 A.M.
 
RESOLUTION NO. 2005-14
INTRODUCED BY: MR. MARKO
 
A RESOLUTION AUTHORIZING THE CITY FIRE CHIEF TO MAKE APPLICATION TO THE STATE OF OHIO DEAPRTMENT OF COMMERCE, DIVISION OF THE STATE FIRE MARSHAL FOR TRAINING AND EQUIPMENT PURCHASE GRANT FUNDS; AUTHORIZING THE CITY TO EXECUTE ANY AND ALL DOCUMENTS RELEVANT THERETO; AUTHORIZING THE ACCEPTANCE OF SAID FUNDS; AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Puin, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2005-14 be placed on second and third reading for final passage and that it be adopted.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Resolution No. 2005-14 was highlighted by Mrs. Kovalchik, with Section 6 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that Resolution No. 2005-14 be adopted.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Resolution No. 2005-14 is adopted.
 
RESOLUTION NO. 2005-15
INTRODUCED BY: MR. MARKO
 
A RESOLUTION AUTHORIZING THE CITY FIRE CHIEF TO MAKE APPLICATION TO THE STATE OF OHIO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF EMERGENCY MEDICAL SERVICES FOR TRAINING AND EQUIPMENT PURCHASE GRANT FUNDS; AUTHORIZING THE CITY TO EXECUTE ANY AND ALL DOCUMENTS RELEVANT THERETO; AUTHORIZING THE ACCEPTANCE OF SAID FUNDS; AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Puin, seconded by Mrs. Solomon, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2005-15 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Resolution No. 2005-15 was highlighted by Mrs. Kovalchik, with Section 6 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that Resolution No. 2005-15 be adopted.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Resolution No. 2005-15 is adopted.
 
ORDINANCE NO.L 2005-16
INTRODUCED BY:
 
AN ORDINANCE DETERMINING TO PROVIDE TAX RELIEF TO THE REAL PROPERTY TAX PAYERS OF LYNDHURST, OHIO BY PROVIDING FOR A REDUCTION IN THE REAL PROPERTY TAX RATE.
 
It was moved by Mr. Marko, seconded by Mr. Mandel, that Ordinance No. 2005-16 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Ordinance No. 2005-16 is placed on first reading.
 
Mrs. Kovalchik said she would be meeting with Moody's on March 21st for the purpose of discussing the issue relative to the bond rating and any type of tax relief provided to the citizens. She said she would report back to Council. Mr. Marko said there would be further discussion on March 28th and explained that the rollback of one mill would mean a reduction of approximately $49.00 based on an assessed value of $160,000.00 which is the average assessed value in the City of Lyndhurst. He said the current debt includes the Lyndhurst pool and notes that are issued on a yearly basis.
 
ORDINANCE NO. 2005-17
INTRODUCED BY:
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CALENDAR YEAR ENDING DECEMBER 31, 2005, REPEALING ORDINANCE NO. 2004-72 AND DECLARING AN EMERGENCY.
 
Mr. Puin said this is the Ordinance that Mayor Cicero requested be placed on first reading.
 
It was moved by Mr. Puin, seconded by Mr. Marko, that Ordinance No. 2005-17 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Ordinance No. 2005-17 is placed on first reading.
 
Correspondence from the Ohio Division of Liquor Control for transfer of C1 and C2 liquor permits from Brothers Three, Inc., dba Lyndhurst Beverage to Zubek Enterprises, LLC dba Lyndhurst Beverage, 5343 Mayfield Road, was noted with no objection.
 
Correspondence from the Ohio Division of Liquor Control for transfer of D1 and D2 liquor permits from AN COR ENT, INC. dba Trivisonno's Restaurant to S B Silver, Inc., dba Argento's Restaurant, 5359 Mayfield Road, was noted with no objection.
 
Pursuant to O.R.C. 121.22 (G) (3), it was moved by Mr. Mandel, seconded by Mr. Fisher, that Council recess to Executive Session (closed to the public) to discuss litigation.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Council recessed to Executive Session at 9:02 P.M.
 
Council convened in Executive Session at 9:07 P.M.
 
It was moved by Mr. Fisher, seconded by Mr. Marko, that the Executive Session of Council recess and Council reconvene in Special Session.
 
Roll Call:
 
Yeas: Marko, Fisher, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Council reconvened in Regular Session at 10:02 P.M.
 
It was moved by Mr. Fisher, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 10:02 P.M.
 
CONVENED ON:
March 7, 2005
AGENDA:
Board of Control
BACK TO TOP

 
 
TO BE POSTED
 
 
CONVENED ON:
March 7, 2005
MINUTES:
Board of Control
BACK TO TOP

 
The Board of Control of the City of Lyndhurst met in Regular Session on Monday, March 7, 2005, at 8:00 P.M., Scott F. Picker, Chairman, presiding.
 
Members Present: Council Representatives D. J. Fisher, J. A. Gambatese, J. A. Marko, J. A. Mandel, M. B. Puin, S. F. Picker, H. Solomon.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; A. A. Adinolfi, Chief of Police; F. E. Glady, III, Director of Service; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; M. A. Kovalchik, Secretary.
 
All stood for the Pledge of Allegiance.
 
Vice Mayor Picker requested a moment of silence in honor of Andrew Nowacki who was killed in Iraq last week. He said that Mr. Nowacki had been a resident of South Euclid and that he had graduated from Brush High School.
 
It was moved by Mr. Marko, seconded by Mr. Mandel, that reading of the minutes of the Regular Meeting of the Board of Control held Monday, February 21, 2005, 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.
 
FOR BIDS RECEIVED IN ANSWER TO ADVERTISED REQUEST FOR REPAIR OF COMMUNICATION EQUIPMENT. BIDS OPENED FRIDAY, FEBRUARY 25, 2005 - 12:00 NOON
Bid Check $100.00 First Year Second Year Third Year
Name of Bidder B & C Communications
Per hour rate for normal working hours 70.00 70.00 70.00
Per hour rate for all other hours 70.00 70.00 70.00
% added to manufacturers' list price of parts 15% 15% 15%

Mrs. Kovalchik reported that the lowest and best bid as determined by the Mayor, Police Chief and Finance Director in accordance with 135.03 Codified Ordinances is B & C Communications.
 
It was moved by Mr. Puin, seconded by Mr. Gambatese, that the Mayor be and he is hereby authorized and directed to enter into contract with B & C Communications for repair of communication equipment as bid.
 
The question was put to a voice vote and passed unanimously.
 
FOR BIDS RECEIVED IN ANSWER TO ADVERTISED REQUEST FOR TRAFFIC SIGNAL REPAIR. BIDS OPENED FRIDAY, FEBRUARY 25, 2005 - 12:00 NOON
 
Bid Check - $100.00
 
Name of Bidder - Signal Service
 
Item #1
 
Per hour rate for normal working hours - $46.00
 
Item #2
 
Per hour rate for non-regular working hours - $46.00
 
Item #3
 
% added to manufacturers' list price of parts
 
Purchases made on quotations
 
Item#4
 
Maximum response time - 1 hour
 
Item #5
 
Minimum response time - 10 minutes
 
Traffic Control Products did not submit a bid.
 
Mrs. Kovalchik reported that the lowest and best bid as determined by the Mayor, Police Chief and Finance Director, in accordance with 135.03 Codified Ordinances is SIGNAL SERVICE.
 
It was moved by Mr. Puin, seconded by Mr. Fisher, that the Mayor be and he is hereby authorized and directed to enter into contract with Signal Service for repair of traffic signals as bid.
 
The question was put to a voice vote and passed unanimously.
 
DUVIN, CAHN & HUTTON - Labor Counsel legal services - $7,500.00.
 
In answer to Mr. Puin's question, Mayor Cicero stated that hourly rates varied, depending upon who provided the service to the City and that they ranged from $220.00 per hour to $195.00 per hour. Mrs. Kovalchik said this would cover the expenses related to fact finding. Mr. Puin asked Mrs. Kovalchik to provide information relative to how many hours were represented by this expenditure.
 
It was moved by Mr. Puin, seconded by Mr. Fisher, that the Mayor be and he is hereby authorized and directed to enter into contract with Duvin, Cahn & Hutton for labor counsel legal services for a total cost of $7,500.00.
 
The question was put to a voice vote and passed unanimously.
 
SELREC - 2005 Contribution - $24,949.00.
 
It was moved by Mrs. Solomon, seconded by Mr. Marko, that the Mayor be and he is hereby authorized and directed to enter into contract with SELREC for the 2005 contribution for a total cost of $24,949.00.
 
The question was put to a voice vote and passed unanimously.
 
BUREAU OF WORKERS' COMPENSATION - 2004 Bureau of Workers' Compensation premium - $159,655.91.
 
In answer to Mrs. Solomon's question, Mrs. Kovalchik indicated that the amount reflects a 20% reduction in premium.
 
It was moved by Mrs. Solomon, seconded by Mr. Marko, that the Mayor be and he is hereby authorized and directed to enter into contract with the Bureau of Workers' Compensation for 2004 Bureau of Workers' Compensation premium for a total cost of $159,655.91.
 
The question was put to a voice vote and passed unanimously.
 
CARBONE & MURPHY CO., LPA. - Legal services January through March, 2005 - $12,000.00.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that the Mayor be and he is hereby authorized and directed to enter into contract with Carbone & Murphy Co., LPA. , for legal services for January through March, 2005 for a total cost of $12,500.00.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Puin, seconded by Mr. Fisher, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:08 P.M.
 
CONVENED ON:
February 24, 2005
AGENDA:
Planning Commission
BACK TO TOP

 
PLANNING COMMISSION: To meet in Regular Session on Thursday, February 24, 2005 at 7:30 p.m. in the Conference Room of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members:  
Commissioners: V F DeCrane, R S Febo, F G Koss, J M Cicero, D Fisher
 
Others: P T Murphy, Director of Law
 
T P Kunz, Building Commissioner
 
C J White, Secretary
 
Minutes: Approve Minutes of the Special Meeting held November 17, 2004.
 
Approve Minutes of the Special Meeting held December 14, 2004.
 
Approve minutes of the Special Meeting held February 2, 2005.
 
4982 Clubside Road: Review site plan for proposed two story rear classroom addition to Julie Billiart School.
 
CONVENED ON:
February 24, 2005
MINUTES:
Planning Commission
BACK TO TOP

 
The Planning Commission of the City of Lyndhurst met in Regular Session on Thursday, February 24, 2005 at 7:30 p.m., in the Conference Room of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members Present: Commissioners: V F DeCrane, R S Febo, F G Koss, D J Fisher
 
Member Absent: Mayor Joseph M. Cicero, Jr.
 
Others Present: T P Kunz, Building Commissioner, P T Murphy, Director of Law, C J White, Secretary
 
It was moved by Mr. DeCrane, seconded by Mr. Koss that the reading of the minutes of the Special Meeting held November 17, 2004, 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 with Councilman Fisher abstaining.
 
Motion carried.
 
It was moved by Mr. Koss, seconded by Mr. DeCrane that the reading of the minutes of the Special Meeting held December 14, 2004, 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 with Councilman Fisher abstaining.
 
Motion carried.
 
It was moved by Mr. DeCrane, seconded by Councilman Fisher that the reading of the minutes of the Special Meeting held February 2, 2005, 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.
 
Motion carried.
 
4982 Clubside Road
 
Review site plan for proposed two story rear classroom addition to Julie Billiart School.
 
Mr. Bob Bajko of Hengst, Streff, Bajko Architects, presented a proposed site plan showing a two story classroom addition. He stated that the Commissioners have received proposed plans and a civil document indicating the location and dimensional information which indicates the relationship of the proposed addition to the existing building and surrounding property lines. He then stated that the proposed addition will be attached to the back of the existing facility, and the addition of a large vestibule at the front of the visitor's entry to the school. He further stated that there have been at least three additions throughout the years to the original mansion which was built in 1930. He explained the use for the proposed addition is to accommodate a group activity room, an art room, a music room, and additional classrooms. He further stated that there will be additional bathrooms built on both levels, a handicapped lift will be installed, and a two story connector to facilitate circulation between the existing and proposed facility. An interior courtyard will also be added between the new facility and existing facility. He then stated that the proposed addition encroaches into the sixty (60') foot setback.
 
Mr. Koss asked about the existing topography of the site.
 
Mr. Bajko stated that the site is relatively flat, and presented aerial photos of the property. He then presented proposed elevations, showing the roof lines and connectors.
 
In answer to Mr. Febo's comment regarding the encroachment into the setback, Mr. Kunz explained that an application will be filed with the Board of Zoning Appeals to address the setback issue. He further explained that all abutting property owners are notified of a public hearing for a variance request to be heard by the Board of Zoning Appeals.
 
Mr. Febo stated that the setback regulations are in place to maintain an open area with no obstructions, and would like to see the zoning regulation complied with, unless approval is obtained by the Board of Zoning Appeals. He then recommended that the applicant submit letters of approval from abutting property owners to the Board of Zoning Appeals to help support their approval request.
 
Sister Agnes Marie, Principal of Julie Billiart School, stated that the residents of Lyndhurst Park Estates were invited to review the proposed plans; the president and vice president of the Lyndhurst Park Estates Homeowners' Association were the only ones to attend.
 
In answer to Mr. Koss's question regarding the proposed addition being hit by golf balls from the abutting Mayfield Country Club property, Mr. Bajko stated that there are many trees to buffer the proposed addition and it would be set back quite a ways. He further stated that there is an elevation difference between the two properties.
 
Mr. Kunz explained that as a matter of routine, the fire department is reviewing the proposal and will meet with the architect to discuss fire protection. He further stated that the City Engineer will review the proposal for grading, drainage, utilities, etc.
 
It was moved by Mr. DeCrane, seconded by Councilman Fisher that the proposed site plan for a two story rear classroom addition to Julie Billiart School be approved subject to the granting of the required variance by the Board of Zoning Appeals and confirmation by City Council.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
It was moved by Mr. Febo seconded by Mr. Koss that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried, meeting adjourned at 8:00 p.m.
 
CONVENED ON:
February 21, 2005
AGENDA:
City Council
BACK TO TOP

 
 
TO BE POSTED
 
 
CONVENED ON:
February 21, 2005
MINUTES:
City Council
BACK TO TOP

 
The Council of the City of Lyndhurst met in Regular Session on Monday, February 21, 2005, at 8:03 P.M., Acting Vice Mayor Joseph A. Marko presiding.
 
Members Present: Council Representatives D. J. Fisher, J. A. Gambatese, J. A. Marko, J. A. Mandel, M. B. Puin, H. Solomon.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; M. A. Kovalchik, Secretary.
 
Absent: Council Representative S. F. Picker; A. A. Adinolfi, Chief of Police; F. E. Glady, III, Director of Service.
 
Acting Vice Mayor Marko announced that Mr. Picker was not present at the meeting because he is out of town.
 
It was moved by Mr. Puin, seconded by Mr. Fisher, that reading of the minutes of the Special Meeting of Council held Monday, February 7, 2005, 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 Mrs. Solomon, seconded by Mr. Gambatese, that reading of the minutes of the Regular Meeting of Council held Monday, February 7, 2005, 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 referred to Ordinance No. 2005-13 regarding the Heritage Home Program and gave background on the program that is administered by the Cuyahoga County Treasurer's office and the Cleveland Restoration Society for the purpose of assisting homeowners with low interest home loans and technical advice for remodeling homes. He said the program will be advertised on the website and in the community newsletter so that residents could take advantage of the program. The Mayor thanked Mr. Kunz for his hard work in bringing the information to the City's attention.
 
Mr. Gambatese asked if Designer Expo was moving from Legacy Village. Mayor Cicero said he was checking into the matter and would inform Council of his findings.
 
FINANCE COMMITTEE - Chairman Puin had no formal report, but stated that the Committee would be meeting on March 2nd to review the annual budget, and that the Finance Director is working diligently. He said he had invited residents to attend the meeting, which he hoped could be held in the Community Room. Mrs. Kovalchik said she would test the possibility of having her computer set up in the Community Room so that she can easily access prior years' information.
 
In addition, Mr. Puin announced that there would also be a meeting of the Finance Committee to be held March 28th at 7:00 P.M.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Gambatese reported on the meeting of the Public Lands & Buildings Committee held this evening. A copy of said report will be forthcoming and made a part of the permanent record.
 
ROADS & UTILITIES COMMITTEE - Chairman Mandel had no report.
 
SAFETY COMMITTEE - Chairman Puin had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Solomon had no report.
 
LEGISLATIVE COMMITTEE - Chairman Marko had no report.
 
PLANNING COMMISSION - Mr. Fisher had no report. He announced that the next regular meeting of the Planning Commission would be held Thursday, February 24, 2005 at 7:30 P.M. in the Conference Room adjacent to the Mayor's office. He said the Commission would be reviewing the site plan for the proposed two story rear classroom addition to the Julie Billiart School.
 
Mr. Marko reminded Council of the meeting with the South Euclid/Lyndhurst School Board scheduled for Thursday at 7:30 P.M.
 
The meeting was opened to public comment. Mr. Marko reminded residents to utilize the microphone and state their name and address for the record.
 
Dr. James Nousek, 4971 Countryside Road, commended and thanked the Service Department for the excellent job they had done in removing snow on Countryside Road. He also commented on the number of deer that were in his yard heading toward Mayfield Road. He warned those driving on Countryside Road to be cautious because of the number of deer.
 
Mrs. Marge Cirillo, 5173 Graham Drive, asked Council to take Mr. Mandel's tax rebate proposal seriously. She said it is the elected officials' duty to vote with the voice of the constituents, whether or not they agree, or find a way to compromise. She said she believes Council should be held accountable, but should be given a chance to do the right thing. In addition, she felt that if Council refuses to listen and residents are consciously misled, they should be replaced.
 
Mr. Edward McCarthy, 1668 Overbrook Road, read a prepared statement which is attached and made a part of the permanent record.
 
Patricia Ritchie, 5269 Marian Drive, asked how many HUD houses there were in Lyndhurst. Mr. Kunz responded that there were none that he was aware of. She asked that her question be researched and that she receive an answer. Mayor Cicero said he would find out and respond back to the resident.
 
Sandy Stranscak, 5128 Oakmont Drive, said she had been a resident of Lyndhurst since 1979 and encouraged Council to pass Ordinance No. 2005-13. She was concerned about the development of upscale property while the older neighborhoods are declining much more rapidly than she would like. She said there are Section 8 homes on Haverford, with rentals and vacant properties on Oakmont. Mrs. Stranscak was grateful that Mayor Cicero was supporting this Ordinance.
 
Mayor Cicero said the administration and Council have always looked at the housing stock in the City as being its most valuable asset next to the residents. He felt that the new developments would enhance the City, but wants to make sure that the older neighborhoods have they type of housing that is desirable.
 
Mr. Puin thanked Mrs. Stranscak for her comments and agreed that housing stock should be revitalized when possible. He said that at some point the City would need a housing department to keep the neighborhoods from deteriorating. He felt that proactive steps need to be taken.
 
Mr. Mandel responded to comments from the public relative to the proposed tax rebate. He stated that Mrs. Cirillo's comments echo the vast majority of the comments he had received and said he had not heard from anyone that the surplus should be spent. He said that it is important that Council keep in mind that it is their responsibility to do more with less and stay responsible with those dollars. He said the Council should not spend more money than what is brought in. Mr. Mandel announced that the $4.7 million dollar surplus that the City had at the end of 2004 had grown to $5.1 million dollars as of January, 2005, and that according to an article in the SUN MESSENGER, Legacy Village had exceeded projections. He said he appreciated Mr. McCarthy's comments, and explained that the surplus is located in the General Fund. Mr. Mandel stated that while Mr. McCarthy's opinion should be taken into consideration, the vast majority of residents have said they need some tax relief.
 
Mr. Dale Fisher made the following statement for the record that was sent to the editor of the SUN MESSENGER:
 
Mr. Fisher prefaced his statement by saying that Mr. Mandel spent three months studying the budget, and that he had eighteen years on Council to study the budget, and that Mr. Puin had twenty-five years on Council.
 
"Rebate ? Maybe
 
Having read the editorial entitled Rebate ? Maybe on Thursday, January 17, 2005 where you formally endorsed Josh Mandel's $400.00 tax rebate proposal, I wondered why your newspaper did not contact many of my colleagues in Lyndhurst Government, myself, or our Finance Director about our opinion of the $400.00 tax rebate that Councilman Josh Mandel is proposing. I am Councilman-at-Large Dale J. Fisher, and I am currently serving my 18th year on Lyndhurst City Council and the budget we are now preparing will be the 18th budget that I will participate in. Ward 1 Councilman Marty Puin has served at least 25 years on Council and will be participating in at least his 25th budget. I am going to compare our years of budgetary experience with that of Josh Mandel. I am going to restate an exact quote Josh Mandel made in his January 24, 2005 letter that he sent to the residents of Lyndhurst on his cover letter page. "As a member of the Finance Committee who is very familiar with our budget, I can assure you that returning this money to Lyndhurst homeowners would not change our ability to provide the high quality of City services you have come to expect."
 
I am amazed that he can claim to be "very familiar" with our budget when so far he hasn't sat completely through a single year's worth of intricate appropriation meetings. Remember last year was Councilman Mandel's first year on Lyndhurst Council and Josh was in Iraq serving our country during the entire budgetary process and was unable to attend a single committee meeting or Council meeting during this process. I commend him for serving his country but this service removed him from the budgetary process completely for his first year in office. And since the budgetary process is still ongoing this year, he has yet to sit through this process completely, even once. Yet he claims to be "very familiar" with our budget. I find this boast dubious at best and what about his statement "I can assure you that returning this money to Lyndhurst home owners would not change our ability to provide the high quality of City services you have come to expect." Well, if Josh is so sure, then how can he explain the fact that the general fund on January 1, 2004 had a cash balance of $6,838,892.18 and one year later this same fund on December 31, 2004 had been depleted down to $4,986,363.09 with an unencumbered cash balance of $4,705,322.67 remaining, which is the $4.7 million general fund surplus that Josh wants to cut in half to refund homeowners $400.00 in a tax rebate. This is a drop in the general fund by $1.85 million dollars in just one short year. We spent $1.85 million dollars more than we took in last year which is the first time City expenditures exceeded revenue by this magnitude since 1984. And this is not because we increased spending, which remains in line with the previous year, but because revenues were way down because of the loss of our largest taxpayer, TRW. The loss of this property tax hurt both revenues for our schools and the City of Lyndhurst.
 
At this rate of cash depletion, our general fund reserves will be gone in just over three years. If Josh Mandel gets his way with his proposed tax rebate, the general fund reserves will be depleted in just over one year. Once that reserve is gone, City services would have to be cut to bring the budget in line, which is completely contrary to Josh Mandel's claim "I can assure you that returning this money to Lyndhurst homeowners would not change our ability to provide the high quality City services you have come to expect." His $400.00 is risky at best and could put in jeopardy the future financial stability of the City of Lyndhurst.
 
Respectfully submitted,
Councilman-at-Large
Dale J. Fisher (440) 442-4916"
 
Mrs. Solomon made the following statement for the record:
 
I am looking forward to our discussion about the $400 tax rebate on March 28th. In order to have a fruitful discussion I think it is important that there is a general understanding of the facts and the numbers. Over the past month, there have been many numbers used. It is easy to misunderstand or misinterpret the numbers. As a new member to council I feel it is my responsibility to educate myself about the meaning of these numbers and how they relate to our budget. I would like to share what I have learned with you.
 
1) The number $4.7 million has been used frequently. This was our cash balance in the general fund at the end of 2004. It is money that is available to be used in an emergency and/or to cover the costs of projects and services that are in process. The 4.7 million was not a surplus that was created during the past year. During the year 2004 Lyndhurst actually had to dip into this fund. We started 2004 with a cash balance of $6.8 million in our reserve fund - now it is 4.7. Josh made a recent reference to a fund balance report that was distributed this evening and it is correct; it says our unencumbered cash balance for the end of January 31, 2005 is $5.1 million dollars. However, in the column right next to it there are outstanding encumbrances. That means there are bills that we as a City have to pay that we haven't paid yet. We are fortunate that we have a reserve fund to use when costs increase and revenue decrease.
 
2) There have been several references to a $10 million reserve fund. This money is not discretionary money that can be used in emergencies or to cover the costs of construction projects. This money consists of 22 specific line items that are ear-marked for specific purposes. Many of the items we are not allowed to touch - such as the Police Pension, the Fire Pension, the Court Fund, etc.
 
3) Lyndhurst is not a self-supporting entity. We are dependent on the state and federal governments. Governor Taft's new budget proposes tax cuts to all cities. This would affect Lyndhurst. What can we do about this We can encourage our representatives to vote against this but if the measure is passed there is nothing we can do. We will not get the money from Columbus. In addition, it is almost certain the state of Ohio will eliminate the Estate Tax because this tax makes Ohio uncompetitive with the surrounding states. However Lyndhurst gets a considerable amount of money from the Estate Tax in some years we have received $1 million. This change in tax law would seriously affect our budget.
 
4) In considering revenue from taxes - Lyndhurst receives almost twice as much revenue from income tax as from property tax. In 2004 - Lyndhurst received roughly $2.7 million in property taxes and roughly $5.4 million in income taxes. Any discussion of tax relief to our citizens must carefully consider where the money came from.
 
In closing I would like to say that I do not want there to be the misperception that Lyndhurst has a huge amount of money in a rainy day fund. Right now we have enough money to keep the city stable. I want assure you that city officials and department heads have your best interest at heart. I have been impressed with the thoughtfulness and respect given to the budgetary decisions. In every meeting I have participated in, I have heard my colleagues ask - "Is this the best way to spend the tax payers money are we sure we are doing the best we can for the citizens." We want to do what is best for the citizens in the long run and what is fiscally responsible."
 
Mr. Mandel thanked Mr. Fisher and Mrs. Solomon for their comments. He said the good news is that the unencumbered balance is over $5.1 million dollars, which is an increase from the $4.7 million dollars that was reported in the letter. He said he had a copy of the statement and would be happy to share that with the public or media. Mr. Mandel said the surplus is now $5.1 million dollars and that Council would have to decide how to budget for this year. He said if Council decides to allocate more money than the City would bring in, that would be irresponsible and not appreciated by residents.
 
Mr. Puin said Council had always been conservative in its budget and financing over the years. He said that during the Finance Committee meeting, each single Councilman would have the sole authority to call for a vote on any line item noting that 80% of the budget represents salaries, overtime, medical insurance, etc. He said in terms of property tax, the City receives 16% and the majority goes to the schools. Mr. Puin said the Finance Director will have the facts; the budget will be completed next week and she will have accurate numbers to report.
 
RESOLUTION NO. 2005-11
INTRODUCED BY: MR. PUIN
 
A RESOLUTION DECLARING IT NECESSARY TO CONSTRUCT OR REPAIR SIDEWALKS WITHIN THE MUNICIPAL CORPORATION BY THE OWNERS OF THE LOTS AND LANDS ABUTTING THEREON AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Puin, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2005-11 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Puin, Solomon, Mandel, Marko.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Resolution No. 2005-11 was highlighted by Mrs. Kovalchik, with Section 5 being read in its entirety.
 
It was moved by Mr. Puin, seconded by Mr. Gambatese, that Resolution No. 2005-11 be adopted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Puin, Solomon, Mandel, Marko.
 
Nays: None.
 
Motion carried.
 
Resolution No. 2005-11 is adopted.
 
ORDINANCE NO. 2005-12
INTRODUCED BY: MRS. SOLOMON
 
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $850,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING STREETS BY RESURFACING, PAVING WITH CONCRETE AND MAKING OTHER IMPROVEMENTS AS DESIGNATED IN THE PLANS APPROVED OR TO BE APPROVED BY COUNCIL, AND DECLARING AN EMERGENCY.
 
It was noted that the Fiscal Officers' Certificate had been distributed to all Members of Council.
 
It was moved by Mr. Mandel, seconded by Mr. Puin, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2005-12 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Puin, Solomon, Mandel, Marko.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Ordinance No. 2005-12 was highlighted by Mrs. Kovalchik, with Section 15 being read in its entirety.
 
It was moved by Mrs. Solomon, seconded by Mr. Puin, that Ordinance No. 2005-12 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Puin, Solomon, Mandel, Marko.
 
Nays: None.
 
Motion carried.
 
Ordinance No. 2005-12 is passed
 
ORDINANCE NO. 2005-13
INTRODUCED BY: MR. PUIN
 
AN ORDINANCE AUTHORIZING THE EXECUTION OF A HERITAGE HOME LOAN PROGRAM AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE HERITAGE HOME LOAN PROGRAM AGREEMENT AND AUTHORIZING RELATED MATTERS, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Gambatese, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2005-13 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
Yeas: Fisher, Gambatese, Puin, Solomon, Mandel, Marko.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Ordinance No. 2005-13 was highlighted by Mrs. Kovalchik, with Section 6 being read in its entirety.
 
It was moved by Mr. Puin, seconded by Mr. Gambatese, that Ordinance No. 2005-13 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Puin, Solomon, Mandel, Marko.
 
Nays: None.
 
Motion carried.
 
Ordinance No. 2005-13 is passed.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 05-01
 
Recommendation made to Council to confirm the decision of the Board in Case No. 05-01 to GRANT requested variance from the provisions of Section 1160.04 (a)(1)A of the Planning and Zoning Code to Douglas McBirney of 5091 Oakmont Drive to construct a six hundred sixty (660') square foot garage.
 
The findings in Case No. 05-01 as recorded in the minutes of the meeting of the Board of Zoning Appeals held February 14, 2005 were read by Mrs. Kovalchik.
 
It was moved by Mrs. Solomon, seconded by Mr. Puin, that the recommendation made to Council to confirm the decision of the Board in Case No. 05-01 to GRANT requested variance from the provisions of Section 1160.04 (a)(1)A of the Planning and Zoning Code to Douglas McBirney of 5091 Oakmont Drive to construct a six hundred sixty (660') square foot garage be confirmed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Puin, Solomon, Mandel, Marko.
 
Nays: None.
 
Motion carried.
 
It was moved by Mr. Puin, seconded by Mr. Fisher, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:58 P.M.
 
CONVENED ON:
February 21, 2005
AGENDA:
Board of Control
BACK TO TOP

 
 
TO BE POSTED
 
 
CONVENED ON:
February 21, 2005
MINUTES:
Board of Control
BACK TO TOP

 
The Board of Control of the City of Lyndhurst met in Regular Session on Monday, February 21, 2005, at 8:00 P.M., Joseph A. Marko, Acting Chairman, presiding.
 
Members Present: Council Representatives D. J. Fisher, J. A. Gambatese, J. A. Marko, J. A. Mandel, M. B. Puin, H. Solomon.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; M. A. Kovalchik, Secretary.
 
Absent: Council Representative S. F. Picker; A. A. Adinolfi, Chief of Police; F. E. Glady, III, Director of Service.
 
All stood for the Pledge of Allegiance.
 
It was moved by Mr. Puin, seconded by Mr. Gambatese, that reading of the minutes of the Regular Meeting of the Board of Control held Monday, February 7, 2005, 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.
 
TRI-CITY CONSORTIUM - 2005 operating expense - $134,787.00.
 
In answer to Mr. Puin's question, Mayor Cicero said that as of the last Council of Governments meeting, each City had agreed to pay their share of the expense. He said he had not heard from South Euclid as to whether they would be able to pay their share. He said the contract between the three cities states that if one city were to withdraw membership, the Tri-City must be informed six months in advance and by the end of the fiscal year. He indicated that as it looks now, the Tri-City Consortium would be receiving money from all three cities.
 
It was moved by Mr. Puin, seconded by Mr. Fisher, that the Mayor be and he is hereby authorized and directed to enter into contract with Tri-City Consortium for 2005 operating expense for a total cost of $134,787.00.
 
The question was put to a voice vote and passed unanimously.
 
DSL NET - Internet access for the remainder of the year - $2,990.00.
 
It was moved by Mr. Gambatese, seconded by Mr. Fisher, that the Mayor be and he is hereby authorized and directed to enter into contract with DSL Net for internet access for the remainder of the year for a total cost of $2,990.00.
 
The question was put to a voice vote and passed unanimously.
 
ARI CONSTRUCTION - Replacement of hydrant at 4923 Anderson Road - $2,940.00.
 
It was moved by Mr. Fisher, seconded by Mr. Puin, that the Mayor be and he is hereby authorized and directed to enter into contract with ARI Construction for replacement of the hydrant at 4923 Anderson Road for a total cost of $2,940.00.
 
The question was put to a voice vote and passed unanimously.
 
CUYAHOGA SOIL & WATER CONSERVATION DISTRICT - Annual appropriation for the Euclid Creek Watershed Coordinator - $2,500.00.
 
It was moved by Mr. Fisher, seconded by Mr. Puin, that the Mayor be and he is hereby authorized and directed to enter into contract with Cuyahoga Soil & Water Conservation District for annual appropriation for the Euclid Creek Watershed Coordinator for a total cost of $2,500.00.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Puin, seconded by Mr. Fisher, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:03 P.M.
 
CONVENED ON:
February 14, 2005
AGENDA:
Board of Zoning Appeals
BACK TO TOP

 
THE BOARD OF ZONING APPEALS: To meet in Regular Session on Monday, February 14, 2005 at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members: Tom Milanich, Chairman, David Bader, Frank Novak, J. Fred Triggs, Russell Warren
 
Others: Rick Carbone, Director of Law
 
Steve Puck, Building Inspector
 
Clarice J. White, Acting Secretary
 
Minutes: Approve minutes of the Regular Meeting held November 8, 2004.
 
Approve minutes of the Special Meeting held November 29, 2004.
 
Election of Officers for the year 2005.
 
Case No. 2005-01: Request of Douglas McBirney, 5091 Oakmont Drive, for a variance from the provisions of Section 1160.04 (a)(1) A of the Planning and Zoning Code. The applicant requests approval to construct a six hundred sixty (660') square foot garage. The maximum permitted size based on the applicant's stated lot size is five hundred eighty (580') square feet.
 
CONVENED ON:
February 14, 2005
MINUTES:
Board of Zoning Appeals
BACK TO TOP

 
Lyndhurst, Ohio
February 14, 2005
 
The Board of Zoning Appeals met in Regular Session on Monday, February 14, 2005 at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members Present: Tom Milanich Chairman, David Bader, Frank Novak, J Fred Triggs, Russell Warren
 
Others Present:
Paul Murphy, Director of Law
Steve Puck, Building Inspector
Clarice J. White, Acting Secretary
 
It was moved by Mr. Triggs, seconded by Mr. Bader that the reading of the minutes of the Regular Meeting held November 8, 2004, 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.
 
Motion Carried.
 
It was moved by Mr. Novak, seconded by Mr. Triggs that the reading of the minutes of the Special Meeting held November 29, 2004, 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.
 
Motion carried.
 
It was moved by Mr. Novak, seconded by Mr. Warren to elect the following slate of officers for the year 2005:
 
J. Fred Triggs, Chairman
David Bader, Vice Chairman
Tom Milanich, Secretary
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
Case No. 05-01
 
Request of Douglas McBirney, 5091 Oakmont Drive, for a variance from the provisions of Section 1160.04 (a)(1)A of the Planning and Zoning Code. The applicant requests approval to construct a six hundred sixty (660') square foot garage. The maximum permitted size based on the applicant's stated lot size is five hundred eighty (580') square feet.
 
Grounds for appeal and Section 1160.04 (a)(1) A was read by Mr. Milanich, Secretary.
 
Letters of invitation were mailed to all abutting property owners, a copy of which is made part of the permanent file.
 
Mr. Puck stated no letters were received by the Building Department in response to the notices sent.
 
The following witness signed the register and was sworn in by Mr. Murphy:
 
Douglas J. McBirney, 5091 Oakmont Drive
 
Mr. McBirney, 5091 Oakmont Drive, testified that the existing garage is dilapidated, and would like to build something larger to house two (2) cars, a workbench, and storage of lawn care equipment. He then testified that there is a commercial parking lot abutting the rear of his property, and if the variance was granted, the proposed garage would not impede anyone's view.
 
Mr. Puck stated that there is a minor discrepancy; the applicant's description indicates that the lot is one hundred forty (140') feet deep; the county records show that all properties on the street are one hundred twenty-four (124') feet deep. Based on that information, the applicant is permitted to have a five hundred forty-eight (548') square foot garage.
 
In answer to Mr. Milanich's question, Mr. McBirney testified that the existing garage is eighteen and a half by twenty (18 'x 20') feet.
 
Mr. Milanich questioned where the lot was measured from, the center line of the street, or the inside of the sidewalk.
 
Mr. Puck explained that this property is in a ten thousand (10,000') square foot lot district because this property was platted under an earlier zoning code, prior to the ten thousand (10,000') square foot district, and therefore was grandfathered.
 
It was stated that the size of the lot in question, according to the county is six thousand two hundred (6,200') square feet.
 
Mr. Puck stated that the Building Department does not have any objections to the granting of the variance.
 
In answer to Mr. Warren's question, Mr. McBirney testified that he would like the driveway paved up to the man door of the garage due to the fact that he will have to widen the driveway anyway, if the variance is granted.
 
Different roof styles and pitches were discussed. Mr. McBirney testified that he understands the maximum roof height of a garage is fifteen (15') feet.
 
FINDINGS
 
The Board finds that:
  1. A literal interpretation of the code would mean that the appellant would have to build a reduced size garage in a ten thousand (10,000') square foot district than a property owner that really does have a ten thousand (10,000') square foot lot.

  2.  
  3. There were no objections from abutting commercial or residential property owners.

  4.  
  5. The property in question is unique; it abuts a commercial parking lot.

  6.  
  7. There is substantial landscaping on the commercial property, which would remain and act as a buffer.

  8.  
  9. The granting of the variance would not change the essential character of the neighborhood; the proposed garage will be built in the rear of the existing dwelling, and not block anyone's view.

  10.  
  11. The appellant did not create hardship, in that the existing lot is not ten thousand (10,000') square feet, but less.

  12.  
  13. The granting of the variance would be in keeping with the spirit of the zoning code; the appearance of the proposed garage would be updated.

It was moved by Mr. Novak, seconded by Mr. Bader that recommendation be made to Council to confirm the decision of the Board to grant requested variance based on the above findings.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
It was moved by Mr. Novak, seconded by Mr. Bader that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried, meeting adjourned at 8:10 p.m.
 
CONVENED ON:
February 7, 2005
AGENDA:
City Council
BACK TO TOP

 
 
TO BE POSTED
 
 
CONVENED ON:
February 7, 2005
MINUTES:
City Council
BACK TO TOP

 
The Council of the City of Lyndhurst met in Regular Session on Monday, February 7, 2005 at 8:15 P.M., Vice Mayor Scott F. Picker presiding.
 
Members Present: Council Representatives D. J. Fisher, J. A. Gambatese, J. A. Mandel, J. A. Marko, S. F. Picker. M. B. Puin, H. Solomon.
 
Others Present: J. M. Cicero, Jr., Mayor; R.J. Carbone, Director of Law; A. A. Adinolfi, Chief of Police; F. E. Glady, III, Director of Service; G. M. Telzrow, Chief of Fire; M. A. Kovalchik, Secretary.
 
Absent: T. P. Kunz, Building Commissioner; A. A. Adinolfi, Chief of Police.
 
It was moved by Mr. Puin, seconded by Mr. Gambatese, that reading of the minutes of the Special Meeting of Council held Tuesday, January 18, 2005, 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. Gambatese, that reading of the minutes of the Regular Meeting of Council held Tuesday, January 18, 2005, 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 announced that on February 16, 2005 a Fraud and Identity Theft Program will be held at the Community Center. He also announced that on March 12th at 10:00 A.M. the Neighbor to Neighbor Committee would be conducting the first new resident welcome reception for residents who had moved into the City since September of last year. He said new residents would receive invitations from the Neighbor to Neighbor Committee. He invited Council to attend. The Mayor also announce that on April 9th the Neighbor to Neighbor Ladies Group would be sponsoring their first annual fund raising fashion show. All ladies were invited to attend. He said there would be a $20 charge and that all money would be donated to the American Cancer Society.
 
Mayor Cicero said that the last item on this evening's agenda would be to formally accept the resignation of Law Director, Rick Carbone. He indicated that Mr. Carbone had accepted the position of Executive Director for the Regional Income Tax Agency. He said that Rick had served the City of Lyndhurst for the past sixteen years in his capacity as Law Director. He is a personal friend and had served a number of Councils and Mayors. The Mayor thanked Mr. Carbone for his dedicated service and wished him good luck in his new venture.
 
The Mayor stated that as of midnight, Mr. Carbone would no longer serve as Law Director for the City of Lyndhurst and that he is recommending the appointment of Attorney Paul T. Murphy to fill that position. He said Mr. Murphy is a partner in the law firm of Carbone & Murphy, and that he brings continuity and professionalism to the City, as did Mr. Carbone.
 
The Mayor introduced and recommended Mr. Paul T. Murphy as the Director of Law and asked that Council confirm the appointment.
 
It was moved by Mr. Marko, seconded by Mr. Puin, that the appointment of Paul T. Murphy as Director of Law for the City of Lyndhurst be confirmed.
 
Roll Call:
 
Yeas: Fisher, Marko, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Paul T. Murphy is appointed Law Director.
 
The Oath of Office was administered to Mr. Murphy by Mayor Cicero.
 
FINANCE COMMITTEE - Chairman Puin had no report. He announced that the annual appropriation meeting is scheduled to be held March 2, 2005 at 6:00 P.M. and that the Finance Director is working diligently to prepare for the meeting. Mr. Puin said that it is important for new members of Council to see how the appropriation process works. He said that once the appropriation is completed, there would be a meeting on March 28, 2005 beginning at 7:00 P.M. to discuss City tax policy, to be held in the Council Chambers.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Gambatese reported on the meeting of the Public Lands & Buildings Committee held February 1, 2005. A copy of said report is a part of the permanent record.
 
ROADS & UTILITIES COMMITTEE - Chairman Mandel reported on the meeting of the Roads & Utilities Committee held January 25, 2005. A copy of said report is a part of the permanent record.
 
SAFETY COMMITTEE - Chairman Puin had no report. Mr. Puin said he was in receipt of a letter from Chief Adinolfi relative to the canine unit that was discussed by the Committee indicating that Ptl. Tracy had purchased and trained the dog at his own expense at a value of approximately $9,000. The Chief said that Dr. Wohlfeiler indicated he would donate his veterinary services and Pet Smart would donate food. Mr. Puin said that he is not opposed to additional compensation for the officer, but asked the Mayor about sharing a dog with the City of South Euclid as discussed with Mayor Welo. Mayor Cicero said he was unaware of that offer, but would check with the Mayor.
 
SERVICE & SEWERS COMMITTEE - Chairman Solomon reported on the meeting of the Service & Sewers Committee held January 25, 2005. A copy of said report is a part of the permanent record.
 
Mrs. Solomon said she had an opportunity to meet with Tom Morgan who had served as the City Arborist in the past. She said that during the time Mr. Morgan worked for the City, there was a reduction in the number of trees that had fallen as a result of storm damage. She said that pending approval on March 2nd, Mr. Morgan would serve as the City's arborist once again. Mrs. Solomon indicated that Mr. Morgan had also volunteered to be part of the Tree City USA Board.
 
Mrs. Solomon also reported that the City had a higher percentage of recycling products in 2004 (13 millions tons of material was recycled; ten million tons of material was discarded).
 
LEGISLATIVE COMMITTEE - Chairman Marko had no report.
 
PLANNING COMMISSION - Mr. Fisher reported on the meeting of the Planning Commission held February 2, 2005.
 
The meeting was opened to public comment.
 
Eunice Horton, 1121 Brainard Road, expressed her appreciation to Mr. Carbone for his outstanding service as the City's Law Director for many years. She said she and her husband had been regular attendees at both Council and Committee meetings over the years, the most important of which were the annual appropriation meetings. She recalled times when arriving at a balance between income and expenditures was a struggle. She stated that there were people along the way who laid the foundation for the City's healthy year end balance, which was not an easy task and that to the City's credit the Community Center would be paid off later this year. She talked about the well maintained infrastructure, recreation facilities and services enjoyed by all of the residents. Mrs. Horton said she was thrilled to receive Councilman Mandel's letter proposing a one time tax rebate of $400, felt that taxes are high in Lyndhurst and thought that everyone could use the $400 with the increase in natural gas and fuel prices. She felt the dent that would be made in the City's $4.7 million dollar carry-over balance would not impede the City's alterations in any way. She indicated that suggestions to give the money to the schools is neither legal, nor is it fair. Mrs. Horton also talked about letters written to newspapers that were critical of the motives behind this proposal and that this concept had not been shared with other Members of Council ahead of time. She said she appreciated being asked her opinion by Mr. Mandel and was pleased with the fresh face and fresh ideas from someone who is willing to do his homework.
 
Larry Kinkor, former Lyndhurst resident, asked about the area to which Mrs. Solomon referred relative to flooding. Mrs. Solomon clarified that there are five homes across from the nursing home that are experiencing extensive water damage. Mr. Kinkor recalled that perhaps ten to fifteen years ago there was a project similar to what is being proposed, and felt that perhaps an inferior job was done. Mr. Glady commented that the area being addressed is near the culvert across from the Greens of Lyndhurst. Mr. Glady said he did not recall that work had been done in that area. He said this is a trunk storm line that runs to Mayfield Road, and that no trunk line had ever been installed in the past.
 
Mr. Kinkor asked if there was some oversight of City expenditures. He referred to the previous administration and wondered if expenditures were scrutinized. Mayor Cicero said that all money appropriated, as well as capital expenditures, are discussed by the Finance Committee and the administration. The items that appear on the Board of Control are carefully reviewed by the administration and Council prior to being approved, and that explanations are given for each item.
 
Dorothy Conrad, 1827 Brainard Road, said she understood that over 1,000 residents responded to Josh Mandel's proposal to issue tax rebate checks to the residents of Lyndhurst. In addition, she said that most responses were positive and that now is the opportunity for Council to act. She felt that the residents' words should not be ignored. Ms. Conrad said that many are feeling the crunch of high property taxes and this plan would benefit seniors and those with families, as well as those who are disabled. She said that she was told that Council representatives would like to take time to study the proposal. Ms. Conrad read an excerpt from the U.S. Congressional record made by Sen. Hutchinson relative to the 2001 federal tax rebate. Ms. Conrad encouraged all Members of Council to back Mr. Mandel's proposal and felt that all Lyndhurst residents could benefit from it.
 
Ralph Ritchie, 5269 Marian Dr., said he had been a resident for 46 years. Mr. Ritchie asked for reasons why Council would oppose this proposal. Mr. Ritchie said it is the taxpayers' money and that he is tired of the government spending his money. He said he had always supported taxes over the years and felt residents deserve the rebate.
 
Ed Klimas, 4893 So. Sedgewick, asked for the definition of a taxpayer so that the funds could be returned in a fair and equitable fashion. He said businesses have contributed significantly to the success of the community. He also said some residents may have owned several homes or may have moved out recently, but paid taxes for many years and helped developed the City. He felt the problem is complex and encouraged the Council to take as much due diligence as possible.
 
Dale Inkley, 5126 E. Farnhurst, said he understands that Council presents ideas, reviews, adopts and implements them, or brings them to the public. He felt Mr. Mandel's proposal was a one man operation which he thought was out of place. Mr. Inkley said the problem is that taxes are too high, but that Mr. Mandel's proposal does not lower taxes. He felt that a one time payment does not work and wondered what the plan was for subsequent years. Mr. Inkley felt the real solution is to lower taxes for four or five years and offered suggestions such as reducing services, eliminating the sidewalk plow, closing the Community Center, closing swimming pools and recreation programs or reducing road repair as possible ways of reducing taxes. He wondered whether the tax dollars were from real estate tax or city income tax, stating that if real estate taxes dollars were being refunded, he deserved more because he had paid real estate for many years; however, if the refund would come from income tax, he would deserve little in the way of a refund because he did not contribute to those taxes. He said he was happy with Lyndhurst's position as it stands now.
 
Mr. Gambatese apologized that the Women's Advisory meeting date was changed to March 10th from February 3rd. He said he thought the Newsletter would have been distributed in time to inform residents.
 
With regard to the proposed tax rebate, Mrs. Solomon said that the Finance Director is very astute and wise on these issues and thinks it is Council's responsibility to get her input. She said she had an opportunity to spend time with each Council Member since being appointed and felt that each person has the best interest of the citizens at heart. She thought there might be different ideas on how best to help the citizens, but wants residents to be assured that Council is working for them. In addition, she stated that all department heads take pride in the services they provide. Mrs. Solomon said it is Council's responsibility to obtain information from the Finance Director and was sure that she would look at the proposal very carefully. She also felt it would be irresponsible for Council to act too quickly and put the City in a position where services could not be provided to residents.
 
At this time Mr. Picker said there would be no further comments from the public, but that he would entertain comments from Members of Council.
 
Mr. Mandel thanked residents for their comments relative to his proposal for a $400 tax rebate. He apologized to those residents to whom he had not yet responded. He indicated that the response was overwhelming. Mr. Mandel stated that the theme of what is his proposing is responsibility and that elected officials have a responsibility to be stewards of the peoples' tax dollars and to plan for the future of the City in a responsible way. He said that it is important to act responsibly with the money and the first part of his proposal is to put aside a responsible amount of money to plan for the future of the community, which would allow us to maintain high City services and not raise taxes in the future and keep us safe for an emergency. Additionally, he said that once that amount of money is maintained, which the City does have on hand, money should be given back to the residents because they had worked hard for it.
 
Mr. Mandel read excerpts from letters he received from residents in favor of the rebate, one in particular who referred to "the good ole boys". Mr. Mandel said he did not feel that Members of Council should be considered "good ole boys", that they are responsible members who have the best interests of the community at heart and it is important to mention why the City is in this position. He said the reason is because of people like former Councilwoman Mrs. Horton, and many others who were fiscally responsible and had sound fiscal management to put the City in this position.
 
Mr. Mandel said there are legislative strategies in which his proposal could be blocked, but stated that he was confident his colleagues would never do these things. Some of his concerns were to stall for the reason that it should be studied. Mr. Mandel agreed that the proposal should be studied, but felt that at some point in time that needed to stop. He also felt that while studying the proposal, there could be a tactic to spend a lot of money. He said the budget would be approved on March 7th, but felt that in the meantime it was important to continue to be frugal and conservative with the taxpayers' money in order to maintain past balances. Mr. Mandel felt another tactic would be to depend on projections, such as a five year projection. He said it is difficult to count on projections as being accurate. Mr. Mandel said he is sitting here tonight with a very responsible and talented group of people who want what is best for the community, and he is looking forward to working with them moving forward on responsibly planning for the future of the City and giving some relief to the taxpayers.
 
RESOLUTION NO. 2005-09
INTRODUCED BY: MR. PUIN
 
A RESOLUTION WITHHOLDING CONSENT FOR THE REMISSION OF TAXES, PENALTIES AND INTEREST ON AN APPLICATION FOR REAL PROPERTY TAX EXEMPTION FILED UNDER SECTION 3 OF SUB. H.B. 362 OF THE GENERAL ASSEMBLY AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Puin, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2005-09 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Marko, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Resolution No. 2005-09 was highlighted by Mrs. Kovalchik, with Section 4 being read in its entirety.
 
It was moved by Mr. Puin, seconded by Mr. Gambatese, that Resolution No. 2005-09 be adopted.
 
Roll Call:
 
Yeas: Fisher, Marko, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Resolution No. 2005-09 is adopted.
 
RESOLUTION NO. 2005-10
INTRODUCED BY:
 
A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT HEALTH CARE, DENTAL, AND LIFE INSURANCE COVERAGE FOR THE EMPLOYEES OF THE CITY AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mrs. Solomon, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2005-10 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Marko, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Resolution No. 2005-10 was highlighted by Mrs. Kovalchik, with Section 6 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that Resolution No. 2005-10 be adopted.
 
Mr. Puin commended the Health Care Task Force who worked very diligently to contain costs. He indicated that the City would be paying approximately $1,000,000 in health insurance premiums for employees this year.
 
Roll Call:
 
Yeas: Fisher, Marko, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Resolution No. 2005-10 is adopted.
 
Approve Recommendations of the Planning Commission:
 
To approve the lot split relative to financing the new clubhouse at Acacia Country Club located at 26899 Cedar Road.
 
Mrs. Kovalchik stated that the lot split was unanimously approved by the Planning Commission at its meeting of February 2, 2005.
 
It was moved by Mr. Puin, seconded by Mr. Fisher, that the recommendation to approved the lot split relative to financing the new clubhouse at Acacia Country Club located at 26899 Cedar Road be approved by Council.
 
Roll Call:
 
Yeas: Fisher, Marko, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
To approve the River Creek Subdivision plat as recommended by the City Engineer.
 
Mrs. Kovalchik indicated that the River Creek Subdivision plat was unanimously approved by the Planning Commission at its meeting of February 2, 2005.
 
It was moved by Mr. Fisher, seconded by Mr. Marko, that the recommendation to approve the River Creek Subdivision plat as recommended by the City Engineer be approved by Council.
 
Roll Call:
 
Yeas: Fisher, Marko, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Mr. Carbone thanked the Mayor, Council, Department Heads past and present, for their support and confidence over the past sixteen years. He said he enjoyed his position as Law Director and also thanked residents for their support.
 
It was moved by Mr. Puin, seconded by Mr. Marko, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 9:18 P.M.
 
CONVENED ON:
February 7, 2005
AGENDA:
Board of Control
BACK TO TOP

 
 
TO BE POSTED
 
 
CONVENED ON:
February 7, 2005
MINUTES:
Board of Control
BACK TO TOP

 
The Board of Control of the City of Lyndhurst met in Regular Session on Monday, February 7, 2005 at 8:05 P.M., Scott F. Picker, Chairman, presiding.
 
Members Present: Council Representatives D. J. Fisher, J. A. Gambatese, J. A. Mandel, J. A. Marko, S. F. Picker. M. B. Puin, H. Solomon.
 
Others Present: J. M. Cicero, Jr., Mayor; R.J. Carbone, Director of Law; A. A. Adinolfi, Chief of Police; F. E. Glady, III, Director of Service; G. M. Telzrow, Chief of Fire; M. A. Kovalchik, Secretary.
 
Absent: T. P. Kunz, Building Commissioner.
 
All stood for the Pledge of Allegiance.
 
It was moved by Mr. Marko, seconded by Mr. Puin, that reading of the minutes of the Regular Meeting of the Board of Control held Tuesday, January 18, 2005, 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.
 
M-A BUILDING & MAINTENANCE COMPANY - Eucopoxy Tufcoat epoxy system to repair existing cracks in the floor of the Lyndhurst Pool Bathhouse - $4,677.00.
 
It was moved by Mr. Puin, seconded by Mr. Gambatese, that the Mayor be and he is hereby authorized and directed to enter into contract with M-A Building & Maintenance Company for Eucopoxy Tufcoat epoxy system to repair existing cracks in the floor of the Lyndhurst Pool Bathhouse for a total cost of $4,677.00.
 
In answer to Mr. Picker's question relative to the warranty for the floor, Mr. Glady said the application is a remedial application, that following construction of the bathhouse some cracks appeared on the floor that should not have been there. He said that after doing some research, he found that the epoxy system being proposed would last for the life of the bathhouse. He added that this would be paid for from the retainer being held from the general contractor at no cost to the City.
 
The question was put to a voice vote and passed unanimously.
 
LIQUID CALCIUM SALES - 4,500 gallons of 32% liquid calcium chloride for snow and ice removal - $2,308.50.
 
It was moved by Mr. Marko, seconded by Mr. Fisher, that the Mayor be and he is hereby authorized and directed to enter into contract with Liquid Calcium Sales for the purchase of 4,500 gallons of 32% liquid calcium chloride for snow and ice removal for a total cost of $2,308.50.
 
The question was put to a voice vote and passed unanimously.
 
SBC CAPITAL SERVICES - Twelve (12) months maintenance agreement for digital trunk interface for Municipal Center telephone system - $4,296.48.
 
It was moved by Mr. Marko, seconded by Mr. Fisher, that the Mayor be and he is hereby authorized and directed to enter into contract with SBC Capital Services for twelve (12) months maintenance agreement for digital trunk interface for Municipal Center telephone system for a total cost of $4,296.48.
 
The question was put to a voice vote and passed unanimously.
 
CITY OF SOUTH EUCLID - 100 tons bulk rock salt - $3,150.00.
 
It was moved by Mr. Marko, seconded by Mr. Fisher, that the Mayor be and he is hereby authorized and directed to enter into contract with the City of South Euclid for 100 tons bulk rock salt for a total cost of $3,150.00.
 
The question was put to a voice vote and passed unanimously.
 
DIRECT CONNECT COMPUTER SYSTEMS - Balance due on file server purchase and installation for the Fire Department - $1,795.00. (Original purchase requisition in the amount of $8,000.00 was approved on 9/20/04)
 
It was moved by Mr. Marko, seconded by Mr. Fisher, that the Mayor be and he is hereby authorized and directed to enter into contract with Direct Connect Computer Systems for balance due on file server purchase and installation for the Fire Department for a total cost of $1,795.00.
 
The question was put to a voice vote and passed unanimously.
 
CITY OF MAYFIELD HEIGHTS - Annual charge for Technical Rescue Team - $5,000.00.
 
It was moved by Mr. Marko, seconded by Mr. Puin, that the Mayor be and he is hereby authorized and directed to enter into contract with the City of Mayfield Heights for annual charge for Technical Rescue Team for a total cost of $5,000.00.
 
The question was put to a voice vote and passed unanimously.
 
ALL AMERICAN FIRE EQUIPMENT - Repair of Engine 411 and fall preventive maintenance o $2,731.91.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that the Mayor be and he is hereby authorized and directed to enter into contract with All American Fire Equipment for repair of Engine 411 and fall preventive maintenance for a total cost of $2,731.91.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:15 P.M.
 
CONVENED ON:
February 2, 2005
AGENDA:
Planning Commission - Special Meeting
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PLANNING COMMISSION: To meet in Special Session on Wednesday, February 2, 2005 at 7:30 p.m. in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members:
 
Commissioners: V F DeCrane, R S Febo, F G Koss, J M Cicero, D Fisher
 
Others: P T Murphy, Director of Law
 
T P Kunz, Building Commissioner
 
C J White, Secretary
 
5370 Mayfield Road: Request of Donald & Donna Kish, dba Brown Derby Roadhouse Restaurant, for a Conditional Use Permit, to provide music and entertainment.
 
5000 Clubside Road: Review proposed site development plan for proposed addition to Hawken Middle School. This is Phase II of the proposed Master Plan.
 
26899 Cedar Road: Review proposed lot split relative to financing the new clubhouse at Acacia Country Club. (Note: This is not a rezoning).
 
CONVENED ON:
February 2, 2005
MINUTES:
Planning Commission - Special Meeting
BACK TO TOP

 
Lyndhurst, Ohio
 
February 2, 2005
 
The Planning Commission of the City of Lyndhurst met in Special Session on Wednesday, February 2, 2005 at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members Present:
Commissioners: V F DeCrane, R S Febo, F G Koss, D J Fisher
 
Member Absent: Mayor Cicero
 
Others Present: R C Carbone, Director of Law
 
T P Kunz, Building Commissioner
 
C J White, Secretary
 
At this time Mr. Kunz explained that there will be an addition to the agenda.
 
5370 Mayfield Road
 
Request of Donald & Donna Kish, dba Brown Derby Roadhouse Restaurant, for a Conditional Use Permit, to provide music and entertainment.
 
Mr. Kunz explained that the applicant withdrew his request until a later date.
 
5000 Clubside Road
 
Review proposed site development plan for proposed addition to Hawken Middle School. This is Phase II of the proposed Master Plan.
 
Mr. Kunz explained that this proposal was previously approved by the Architectural Board of Review as far as aesthetics, building materials, material colors, etc.
 
Mark Cicarelli, Studio Techne Architects, stated that he is proposing an addition and renovation to the middle school building, a connector road, and additional ball field relocations. He also stated that the amount of parking will be expanded to accommodate future components, and that there will be a change in traffic flow. He further stated that the traffic will be able to stack on site, which will alleviate the traffic problems on Clubside Road. He said that there are three existing curb cuts on Clubside Road, one will be relocated, and another would be chained and used only by visitors. There will be a secondary ingress/egress on Richmond Road. He further stated that the current edge of trees along Richmond Road will be maintained, however a small section will be removed for visibility for the middle school entrance facade. He stated that the parking will be expanded from one hundred forty-five (145) spaces to two hundred thirty (230) spaces. He stated that additional landscaping will be added to the site. He then stated that the addition and renovations are not to increase enrollment, but to expand the classrooms and bring the school up to state standards.
 
Mr. Cicarelli stated that there have been numerous additions and alterations throughout the years to Hawken School, and that this proposal will bring all existing buildings' architecture into the Georgian motif. He then presented the proposed elevations and renderings.
 
Councilman Fisher asked that the chained entryway on Clubside be made highly visible.
 
Mr. Cicarelli stated that he would make sure the chain is visible.
 
In answer to Councilman Fisher's second question, Mr. Cicarelli stated that the proposal has been seen by the Lyndhurst Fire Department. He stated that site access, buildings, and fire hydrant placements were reviewed and that the middle school will be fully sprinkled. He then stated that a fire access road will be maintained on the site.
 
In answer to Councilman Fisher's question regarding water run off, Mr. Cicarelli stated that a proposed retention basin will be placed outside the ball fields.
 
In answer to Mr. Koss's question regarding bleachers, Mr. Cicarelli stated there are bleachers presently but there will be no bleachers on the Richmond Road side.
 
Mr. Febo complimented the architect on the proposal.
 
It was moved by Mr. Febo, seconded by Councilman Fisher that the proposed site development plan for proposed addition to Hawken Middle School be approved as submitted, pending necessary approval by the City Engineer.
 
Roll Call
 
Yeas: DeCrane, Febo, Koss, Fisher
 
Nays: None.
 
Motion carried.
 
26899 Cedar Road
 
Review proposed lot split relative to financing the new clubhouse at Acacia Country Club.
 
Mr. Thomas Colpetzer, Acacia Country Club, introduced Tim Hadden of CT Consultants.
 
Mr. Hadden explained that to satisfy the lender, it is necessary to facilitate a lot split so it can exist as a separate parcel for clubhouse loan purposes. He further explained that the proposed lot split is from the bigger parcel of land, which is the golf course; along with some lots which already exist as separate parcels. He then stated there will be a total of fifteen acres which will comprise the lot for the financing.
 
In answer to Mr. Koss's question regarding the irregular lot lines, Mr. Hadden explained that the amount of fifteen (15) acres is important to the lending institution, and the lines were created to cause the least amount of impact to the golf course, while still maintaining fifteen (15) acres to split off.
 
Mr. Hadden further explained that the parcels south of Winchester Road S/L 308 through 300 already exist as separate parcels, added to the eight point seventy-eight (8.78) acres which front on Cedar Road will make up the fifteen (15) acres.
 
Mr. Hadden further said that the proposed plan that shows the vacated Winchester Road extension is shown only for historical purposes, and is not proposed to be a paved road.
 
To clarify the location of the proposed lot split, Mr. Kunz asked if S/L numbers 300, 301, 302, 303, 304 and 305 were outside the proposed lot split area of the fifteen (15) acres.
 
Mr. Colpetzer stated that those parcels which were just named are outside the fifteen (15) acres.
 
It was moved by Mr. DeCrane, seconded by Councilman Fisher that recommendation be made to Council to approved the proposed lot split relative to financing the new clubhouse at Acacia Country Club, as detailed by CT Consultant's description dated January 17, 2005 and as shown on the drawing dated January 21, 2005, totaling fifteen (15) acres, pending approval by the City Engineer.
 
Roll Call
 
Yeas: DeCrane, Febo, Koss, Fisher
 
Nays: None
 
Addition to the agenda: River Creek Subdivision
 
Mr. Kunz explained that this subdivision has been previously approved by the Planning Commission, and that a letter was received from the City Engineer stating that he has signed the plat approved for record keeping purposes, per Section 1134.09 of the Planning and Zoning Code. He further read that this plat should also be considered and approved if acceptable by the Planning Commission and Council of the City of Lyndhurst, once the subdivision construction is completed, the final plat can be approved per 1134.16 of the Planning and Zoning Code.
 
In answer to Councilman Fisher's question, Mr. Kunz stated that there are no changes on this plat from what was previously presented and approved by the Planning Commission and the Council.
 
It was moved by Mr. Koss seconded by Mr. DeCrane that recommendation be made to Council to approve the River Creek Subdivision plat as recommended by the City Engineer.
 
Roll Call
 
Yeas: DeCrane, Febo, Koss, Fisher
 
Nays: None
 
It was moved by Mr. DeCrane, seconded by Mr. Koss that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried, meeting adjourned at 8:10 p.m.
 
CONVENED ON:
January 27, 2005
AGENDA:
Architectural Board of Review - Special Meeting
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ARCHITECTURAL BOARD OF REVIEW: To meet in Special Session on Thursday, January 27, 2005, at 7:30 p.m., in the Conference Room of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members: Tom Milanich, Chairman, Mayor Joseph M. Cicero, Jr., Nicholas DeBaltzo, Councilman Fisher, William Tamerlano
 
Others: Tom Kunz, Building Commissioner
 
Minutes: Approve minutes of the Regular Meeting held October 21, 2004.
 
Approve minutes of the Special Session held December 2, 2004.
 
Election of Officers for the Year 2005.
 
5000 Clubside Road: Review proposed plans for addition to Hawken Middle School. This is Phase II of the Master Plan.
 
CONVENED ON:
January 27, 2005
MINUTES:
Architectural Board of Review - Special Meeting
BACK TO TOP

 
The Architectural Board of Review met in Special Session on Thursday, January 27, 2005 at 7:30 p.m., in the Conference Room of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members Present:Tom Milanich, Chairman, Nicholas DeBaltzo, Councilman Fisher, William Tamerlano
 
Member Absent: Mayor Joseph M. Cicero, Jr.
 
Others Present: Tom Kunz, Building Commissioner
 
It was moved by Mr. Tamerlano, seconded by Mr. DeBaltzo that the reading of the minutes of the Regular Meeting held October 21, 2004, 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 with Councilman Fisher abstaining.
 
Motion carried.
 
It was moved by Mr. Milanich, seconded by Mr. Tamerlano that the reading of the minutes of the Special Session held December 2, 2004, 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 with Councilman Fisher abstaining.
 
Motion carried.
 
It was moved by Councilman Fisher, seconded by Mr. Tamerlano to retain the current slate of officers for the year 2005:
 
Tom Milanich, Chairman
 
Bill Tamerlano, Secretary
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
5000 Clubside Road
 
Review proposed plans for addition to Hawken Middle School. This is Phase II of the Master Plan.
 
Mr. Kunz explained to the Board that the Planning Commission has reviewed a Master Site Plan for Hawken School, and Phase I has been approved. This proposal for Phase II will be reviewed by Planning Commission at their next meeting.
 
Mr. Mark Ciccarelli, Studio Techne Architects, stated that this proposal deals with the proposed plans for the additions and renovations to the main building. He then presented the existing site plan, and showed the proposed revisions to the loop roads across the front of the property, the continuation of the connector road, a formal lawn, additional fields, and an addition to the Middle School of about thirty-four thousand (34,000') square feet, which will expand the facility and serve the same number of students but the classrooms will be brought to state standards. He then explained the proposed changes, which include revision to the traffic flow; all traffic will be queued on site, instead of on Clubside Road. The traffic flow will be split into two entrances, one for the lower school and another drive entrance for the middle school. He further stated that there will be a chained off drive which when open for visitors, will allow Bolton Hall to be the focal point upon entering the campus. He further stated that the Georgian character of architecture on Bolton Hall will be maintained throughout the proposed additions and renovations. He also stated that the current track will be made larger, a new football field, and a grass area for field hockey will be built. He stated that the landscaping and existing trees will be maintained, but some along the perimeter of Richmond Road will have to be cut down.
 
Mr. Ciccarrelli stated that the entryway will have stone balusters and detailing; and as the focal point diminishes, the higher points will be aluminum and fiberglass. He then presented material samples. He stated that currently Bolton Hall has a Flemish bond brick, which matches the existing brick; the main entry will be Flemish, the pavilions will be common bond, with a running bond throughout. He then stated that proposed limestone detailing will be around the entry to match the existing limestone on the building. He stated that the muntins are inside the aluminum clad wood windows, which will all have white trim.
 
In answer to Councilman Fisher's question, Mr. Ciccarelli stated that most windows are double hung and operable.
 
Mr. Ciccarelli presented proposed elevations and proposed material samples. He stated that approximately one hundred (100) parking spaces will be added to the site with the proposed plans.
 
It was moved by Councilman Fisher, seconded by Mr. DeBaltzo that the proposed plans, material samples, and elevations for addition to Hawken Middle School, be approved as submitted.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
It was moved by Mr. DeBaltzo, seconded by Mr. Tamerlano that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried, meeting adjourned at 8:00 p.m.
 
CONVENED ON:
January 18, 2005
AGENDA:
City Council
BACK TO TOP

 
 
TO BE POSTED
 
 
CONVENED ON:
January 18, 2005
MINUTES:
City Council
BACK TO TOP

 
The Council of the City of Lyndhurst met in Regular Session on Tuesday, January 18, 2005 at 8:12 P.M., Vice Mayor Scott F. Picker presiding.
 
Members Present: Council Representatives D. J. Fisher, J. A. Gambatese, J. A. Marko, J. Mandel, S. F. Picker, M. B. Puin, H. Solomon.
 
Others Present: J. M. Cicero, Jr., Mayor; R. J. Carbone, Director of Law; A. A. Adinolfi, Chief of Police; F. E. Glady, III, Director of Service; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Deputy Clerk of Council.
 
Absent: M. A. Kovalchik, Secretary.
 
It was moved by Mr. Marko, seconded by Mr. Fisher, that reading of the minutes of the Special Meeting of Council held Tuesday, January 4, 2005, 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. Fisher, that reading of the minutes of the Regular Meeting of Council held Tuesday, January 4, 2005, 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 said that on this evening's agenda, there is an ordinance for Nature Works authorizing the City to make application for a grant from the State of Ohio. He said that if awarded, it pays 75% matching funds for a walkway around Brainard Park. Information was distributed to Members of Council in last week's packet. The Mayor said that the grant had been in existence for a number of years, but the first time that the City of Lyndhurst was aware of it. He added that there is a water conservation portion of the grant as well, but this is primarily for the Ohio Department of Natural Resources Nature Works grant.
 
Mayor Cicero also stated that the Service Director is applying for Tree City USA status, and that the City is working to become a member of the program. He further indicated that as part of the City's efforts towards this goal, we would be observing an Arbor Day tree planting on April 29th and will plant a commemorative tree in one of the parks. He said notification would be forthcoming.
 
The Mayor said he had been approached by the American Cancer Society to assist in the Relay for Life Campaign in the Hillcrest area. He explained that this is an overnight event that will be held at Mayfield High School. The event would involve walking around the track and the City had been approached to form a team. The Mayor felt this would be good for the City or its employees who wish to participate. He challenged residents who are interested in participating to contact City Hall for further information. He said the event is being held July 15th and that information is also available on the American Cancer Society's website.
 
FINANCE COMMITTEE - Chairman Puin had no report. He announced that the annual appropriation meeting would be held Wednesday, March 2, 2005 at 6:00 P.M. He urged that committees meet to discuss capital requests for this year.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Gambatese had no report.
 
ROADS & UTILITIES COMMITTEE - Chairman Mandel had no report. He said he had received a telephone call from a constituent who lives at the corner house on Kneale. The resident said that his driveway was blocked by snow being pushed by the plow. Mr. Mandel asked if anyone knew what other cities might do to alleviate such a problem. The resident was a senior citizen who would have to shovel his apron after the snow was plowed. Mr. Mandel did commend the Service Department for the fine job they are doing to clear the streets during the recent snow storms. He indicated that so far this year 3,200 tons of salt had been used and worked approximately 700 hours of overtime for snow removal. He said the Service Department also hand shovels the school crosswalks for the safety of the children. Mrs. Solomon suggested that the Youth Corp who participated in the Neighbor to Neighbor program help in this regard. Mr. Gambatese said he would make sure that the resident is contacted by the Youth Corp.
 
SAFETY COMMITTEE - Chairman Puin reported on the meeting of the Safety Committee held this evening to discuss 2005 capital requests. A copy of said report is a part of the permanent record.
 
Chief Adinolfi spoke about the costs involved in maintaining a canine unit in the City. He said that in addition to the normal ongoing costs, the other costs associated with keeping the program running were maintenance of the vehicle, compensation for the officer, medical costs for the dog, and ongoing training. He said the cities of Mayfield Heights, Beachwood, South Euclid and Richmond Heights have canine units and that mutual aid could be utilized if necessary. In answer to Mrs. Solomon's question, the Chief stated that mutual aid would be utilized among the cities who participate in mutual aid even if one of the cities does not have a canine unit.
 
SERVICE & SEWERS COMMITTEE - Chairman Solomon had no report.
 
She said she was very excited that the City is applying to the Tree City USA and would support those efforts. Mrs. Solomon said that over the last several weeks she had met with department heads and was extremely impressed with the passion that each person has for their job and felt that all departments were very well run.
 
LEGISLATIVE COMMITTEE - Chairman Marko had no report.
 
PLANNING COMMISSION - Mr. Fisher had no report, but stated that the next meeting of the Planning Commission would be held on Wednesday, February 2, 2005 at 7:30 P.M.
 
Vice Mayor Picker announced guidelines for public comment, stating that comments are welcome, but that this is not a public interrogation, debate or attack. He said he would appreciate it if those commenting could keep comments brief and focus on issues versus people. He indicated that all comments should be directed to the chair and that names and addresses should be stated at the microphone for the record.
 
The meeting was opened to public comment.
 
Larry McFadden, representing Friends of Euclid Creek, indicated that the group was started in late 2001 for the protection and enjoyment of Euclid Creek watershed. He distributed informational packets explaining the purpose of the organization. He encouraged attendance at Euclid Creek Day to be held September 17th.
 
Virginia Aveni, 1600 Clubside Road, thanked the Mayor for becoming involved in the Watershed Council which includes nine communities. She said there is a lot of possibility of creek restoration in the area, with education for the younger children. She said there is a possibility of connecting communities for a future projects.
 
Jack McFadden, 1588 Clubside Road, said he is a member of the Euclid Creek committee and has a personal interest because a branch of the Euclid Creek runs along his rear property line. He said he feels this is an asset for all nine communities and would like to offer assistance to the City to answer any questions that may arise.
 
Mr. Gambatese said there would be a Pizza Chat on Saturday, January 22nd at Tasty Pizza from 11:30 - 12:30 for Ward 2 and Ward 4 constituents.
 
Mr. Picker announced that the Hillcrest Council of Councils' breakfast meeting would be held on Saturday, January 22nd at 9:00 A.M. at the City of South Euclid D'Amico Community Center. The topic for discussion is Collaborative Relationships: Why They Are Needed and What Already Works for Local Governments in Cuyahoga County. He encouraged his colleagues to attend.
 
Vice Mayor Picker also announced a meeting to be held January 27th at 7:30 P.M. at the SE/L Administration Building. The purpose of the meeting is for the Administration and Board to present their vision for the school district, solicit feedback, answer questions and discuss possible land development opportunities.
 
ORDINANCE NO. 2005-06
INTRODUCED BY: MR. FISHER
 
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF CUYAHOGA COUNTY, OHIO AND THE CUYAHOGA REGIONAL INFORMATION SYSTEM BOARD OF ADVISORS TO AMEND THE CURRENT CUYAHOGA REGIONAL INFORMATION SYSTEM ("CRIS") AGREEMENT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2005-06 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Marko, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Ordinance No. 2005-06 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Fisher, seconded by Mr. Gambatese, that Ordinance No. 2005-06 be passed.
 
Roll Call:
 
Yeas: Fisher, Marko, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Ordinance No. 2005-06 is passed.
 
RESOLUTION NO. 2005-07
INTRODUCED BY: MR. FISHER
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH BENEFITS RESOURCE GROUP ("BRG") TO ACT AS AGENT FOR, AND CONSULTANT TO, THE CITY WITH REGARD TO THE CITY'S HEALTH BENEFITS PLAN FOR EMPLOYEES, REPEALING ALL LEGISLATION INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Puin, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2005-07 be placed on second and third reading for final passage and that it be adopted.
 
Roll Call:
 
Yeas: Fisher, Marko, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Resolution No. 2005-07 was highlighted by Mrs. Borton, with Section 7 being read in its entirety.
 
It was moved by Mr. Fisher, seconded by Mr. Gambatese, that Resolution No. 2005-07 be adopted.
 
Roll Call:
Yeas: Fisher, Marko, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Resolution No. 2005-07 is adopted.
 
RESOLUTION NO. 2005-08
INTRODUCED BY: MR. FISHER
 
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. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2005-08 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
Yeas: Fisher, Marko, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Resolution No. 2005-08 was highlighted by Mrs. Borton, with Section 6 being read in its entirety.
 
It was moved by Mr. Fisher, seconded by Mr. Marko, that Resolution No. 2005-08 be adopted.
 
Roll Call:
 
Yeas: Fisher, Marko, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Resolution No. 2005-08 is adopted.
 
In response to request for same, it was moved by Mr. Puin, seconded by Mr. Gambatese, that the Clerk be and she is hereby authorized and directed to advertise for bids for traffic signal repair.
 
The question was put to a voice vote and passed unanimously.
 
In response to request for same, it was moved by Mr. Puin, seconded by Mr. Gambatese, that the Clerk be and she is hereby authorized and directed to advertise for bids for repair of communication equipment.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Puin, seconded by Mr. Fisher, to remove Resolution No. 2004-61 from tabled status.
 
Roll Call:
 
Yeas: Fisher, Marko, Gambatese, Puin, Solomon, Mandel, Picker.
 
Nays: None.
 
Motion carried.
 
Resolution No. 2004-61 is removed from tabled status.
 
RESOLUTION NO. 2004-61
INTRODUCED BY: MR. PUIN
 
A RESOLUTION EXPRESSING OPPOSITION TO THE DRAFT HEALTH CARE PRESERVATION PLAN PROPOSED BY OPERS AND DECLARING AN EMERGENCY.
 
Mr. Puin felt that OPERS worked very hard on the Health Care Preservation Plan with the best interest of the public employees in mind. Mr. Fisher agreed, but felt members should have been given more time to adjust to the new system.
 
It was moved by Mr. Puin, seconded by Mr. Fisher, that Resolution No. 2004-61 be adopted.
 
Roll Call:
 
Yeas: None.
 
Nays: Fisher, Marko, Gambatese, Puin, Solomon, Mandel, Picker.
 
Motion defeated.
 
It was moved by Mr. Puin, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:41 P.M.
 
CONVENED ON:
January 18, 2005
AGENDA:
Board of Control
BACK TO TOP

 
 
TO BE POSTED
 
 
CONVENED ON:
January 18, 2005
MINUTES:
Board of Control
BACK TO TOP

 
The Board of Control of the City of Lyndhurst met in Regular Session on Tuesday, January 18, 2005 at 8:03 P.M., Scott F. Picker, Chairman, presiding.
 
Members Present: Council Representatives D. J. Fisher, J. A. Gambatese, J. A. Marko, J. Mandel, S. F. Picker, M. B. Puin, H. Solomon.
 
Others Present: J. M. Cicero, Jr., Mayor; R. J. Carbone, Director of Law; A. A. Adinolfi, Chief of Police; F. E. Glady, III, Director of Service; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Acting Secretary.
 
Absent: M. A. Kovalchik, Secretary.
 
All stood for the Pledge of Allegiance.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that reading of the minutes of Regular Meeting of the Board of Control held Tuesday, January 4, 2005, 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.
 
MIND VAULT SOLUTIONS - Twelve (12) months E-mail administration @ $781.76 per month - $9,381.12.
 
In answer to Mr. Gambatese's question, Mayor Cicero said the e-mail issues are beginning to level off, but that there are still some issues with the server in the Fire Department. Mr. Mandel asked what services were included in the cost of $781.76 per month and the Mayor replied that Mind Vault Solutions is managing the e-mail through an off-site server, making sure that it remains virus free. In addition, they had developed and continue to maintain the City's website.
 
It was moved by Mr. Puin, seconded by Mr. Gambatese, that the Mayor be and he is hereby authorized and directed to enter into contract with Mind Vault Solutions for twelve (12) months e-mail administration at $781.76 per month, for a total cost of $9,381.12.
 
The question was put to a voice vote and passed unanimously.
 
CLEVELAND SPRING - Replace front and rear springs on D-1 Five Ton Dump Truck - $3,299.36.
 
In answer to Mr. Fisher's question, Mr. Glady said there had been problems over the years with springs on the heavy duty chassis, especially during cold weather. He added that this had been a problem in the past on other vehicles.
 
It was moved by Mr. Marko, seconded by Mr. Puin, that the Mayor be and he is hereby authorized and directed to enter into contract with Cleveland Spring to replace front and rear springs on D-1 Five Ton Dump Truck for a total cost of $3,299.36.
 
The question was put to a voice vote and passed unanimously.
 
RITA - EDP Services for 2005 @ $1,062.49 per month - $12,749.88.
 
It was moved by Mr. Gambatese, seconded by Mr. Marko, that the Mayor be and he is hereby authorized and directed to enter into contract with RITA for EDP services for 2005 at a cost of $1,062.49 per month, for a total cost of $12,749.88.
 
The question was put to a voice vote and passed unanimously.
 
SUNDANCE SYSTEMS - Support contract for CAD/Record system for 2005 @ $555.00 per month - $6,660.00.
 
It was moved by Mr. Marko, seconded by Mr. Fisher, that the Mayor be and he is hereby authorized and directed to enter into contract with Sundance Systems for support contract for CAD/Record system for 2005 at a cost of $555.00 per month for a total cost of $6,660.00.
 
The question was put to a voice vote and passed unanimously.
 
INNOVARE SOLUTIONS - Web hosting services and support agreement for Municipal Court website for 2005 - $4,200.00; Annual CM2K support agreement for Municipal Court Software for 2005 - $8,000.00 - Total Cost $12,200.00. (To be paid from the Court Computer Fund)
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that the Mayor be and he is hereby authorized and directed to enter into contract with Innovare Solutions for web hosting services and support agreement for the Municipal Court website for 2005 for a cost of $4,200.00 and annual CM2K support agreement for Municipal Court Software for 2005 at a cost of $8,000.00, for a total cost of $12,200.00, noting that these expenditures are computer related and will be paid from the Court Computer Fund.
 
The question was put to a voice vote and passed unanimously.
 
DE LAGE LANDEN - Copier maintenance agreement for Lanier LD 135 Digital Copier for 2005 - $4,920.00. (To be paid from the Court Computer Fund)
 
It was moved by Mr. Gambatese, seconded by Mr. Marko, that the Mayor be and he is hereby authorized and directed to enter into contract with De Lage Landen for copier maintenance agreement for Lanier LD 135 Digital Copier for 2005 for a total cost of $4,920.00, noting that this expenditure is computer related and will be paid from the Court Computer Fund.
 
The question was put to a voice vote and passed unanimously.
 
PITNEY BOWES - PURCHASE POWER - Postage for January through June, 2005 - $9,366.00.
 
It was moved by Mr. Gambatese, seconded by Mr. Marko, that the Mayor be and he is hereby authorized and directed to enter into contract with Pitney Bowes Purchase Power for postage for January through June, 2005 for a total cost of $9,366.00.
 
The question was put to a voice vote and passed unanimously.
 
CUYAHOGA COUNTY - Twelve (12) months service fee for CRIS - Municipal Court's portion of LEADS non-terminal agreement to receive LEADS reports from local police departments - $2,220.00.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that the Mayor be and he is hereby authorized and directed to enter into contract with Cuyahoga County for twelve (12) months service fee for CRIS for the Municipal Court's portion of LEADS non-terminal agreement to receive LEADS reports from local police departments for a total cost of $2,220.00.
 
The question was put to a voice vote and passed unanimously.
 
TREASURER STATE OF OHIO - Twelve (12) month Municipal Court's terminal fee and networking equipment charge for in-house LEADS System - $3,569.52 (To be paid from Court Computer Fund).
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that the Mayor be and he is hereby authorized and directed to enter into contract with Treasurer State of Ohio for twelve (12) month Municipal Court's terminal fee and networking equipment charge for in-house LEADS System for a total cost of $3,569.52, noting that this expenditure is computer related and will be paid for from the Court Computer Fund.
 
The question was put to a voice vote and passed unanimously.
 
DUVIN, CAHN & HUTTON - Labor Counsel legal services - $10,000.00.
 
Mr. Puin thanked the administration for providing the detail he had requested at the last meeting and asked why the bill is presented in a personal and confidential manner. Mr. Carbone responded that there could be confidential information in the narrative of the bill, and although the actual bill is public record, the public entity would be entitled to keep that portion confidential.
 
It was moved by Mr. Puin, seconded by Mr. Gambatese, that the Mayor be and he is hereby authorized and directed to enter into contract with Duvin, Cahn & Hutton for Labor Counsel legal services for a total cost of $10,000.00.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:12 P.M.
 
CONVENED ON:
January 4, 2005
AGENDA:
City Council
BACK TO TOP

 
 
TO BE POSTED
 
 
CONVENED ON:
January 4, 2005
MINUTES:
City Council
BACK TO TOP

 
The Council of the City of Lyndhurst met in Regular Session on Tuesday, January 4, 2005 at 8:11 P.M., Dale J. Fisher, Chairman, presiding.
 
Members Present: Council Representatives D. J. Fisher, J. A. Gambatese, J. A. Mandel, J. A. Marko, M. B. Puin, S. F. Picker, H. Solomon.
 
Others Present: J. M. Cicero, Jr., Mayor; R. J. Carbone, Director of Law; A. A. Adinolfi, Chief of Police; F. E. Glady, III, Director of Service; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Deputy Clerk of Council.
 
Absent: M. A. Kovalchik, Clerk of Council.
 
It was moved by Mr. Gambatese, seconded by Mrs. Solomon, that Scott F. Picker be nominated for the position of Vice Mayor for the year 2005.
 
Roll Call:
 
Yeas: Marko, Picker, Gambatese, Puin, Mandel, Solomon, Fisher.
 
Nays: None.
 
Motion carried.
 
Scott F. Picker is elected Vice Mayor for 2005.
 
It was moved by Mr. Puin, seconded by Mr. Mandel, that Dale J. Fisher be nominated as Council's representative to the Planning Commission for the year 2005.
 
Roll Call:
 
Yeas: Marko, Picker, Gambatese, Puin, Mandel, Solomon, Fisher.
 
Nays: None.
 
Motion carried.
 
Mr. Fisher elected as Council's Representative to Planning Commission.
 
It was moved by Mr. Marko, seconded by Mr. Puin, that reading of the minutes of the Special Meeting of Council held Monday, December 6, 2004, 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.
 
The following amendment to the minutes of the Regular Meeting of Council held Monday, December 6, 2004 was requested by Mr. Picker:
 
Under Case No. 04-13, third page of notes with paragraph beginning "Mr. Puin said he was sure. . . ." middle of the paragraph, sentence should read "He did not feel it was reasonable to ask the congregation to go above and beyond by obtaining a deed restriction to memorialize additional parking spaces."
 
It was moved by Mr. Picker, seconded by Mr. Puin, that reading of the minutes of the Regular Meeting of Council held Monday, December 6, 2004, copies of which were mailed to all Members be dispensed with and said minutes stand approved as amended.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Puin, seconded by Mr. Picker, that reading of the minutes of the Special Meeting of Council held Monday, December 13, 2004, 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. Puin, seconded by Mr. Picker, that reading of the minutes of the Special Meeting of Council held Monday, December 20, 2004 held in Executive Session, 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. Puin, seconded by Mr. Picker, that reading of the minutes of the Special Meeting of Council held Monday, December 20, 2004, 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 Puin had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Vice Mayor Fisher had no report.
 
ROADS & UTILITIES COMMITTEE - Chairman Mandel had no report.
 
SAFETY COMMITTEE - Chairman Marko had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Gambatese had no report.
 
LEGISLATIVE COMMITTEE - Chairman Puin had no report.
 
As Council's representative to the Health Care Task Force, Mr. Puin reported that the Task Force met on December 30th to discuss the upcoming renewal for health care. Mr. Puin commended Mr. Dustin for the fine job he continues to do as the City's consultant for health insurance, stating that he has been an excellent resource and asset to the City in terms of identifying issues relative to the City's health care. He stated that there would be an 8.5% increase in overall premium for health insurance, which would bring the yearly premium to approximately $850,000 to $870,000 for the coming year. He indicated that mail order prescription is an issue and said it is important to educate employees on how to utilize mail in order to save on premium costs. The education of employees is scheduled to begin this quarter and mail order on maintenance prescriptions would become mandatory after three refills. Mr. Puin said dental insurance would remain the same as last year and that life insurance premiums decreased by 18%. He said it was the general consensus among the Health Care Task Force that Medical Mutual be awarded the contract for the City's health insurance for 2005. A change in deductible was discussed and a decision would be forthcoming. Mr. Puin explained spousal surcharge as an item for consideration in 2006. He further discussed an affidavit which would be completed by employees, for the purpose of verifying health care census. Employees would be given the affidavit with definitions of dependents, to be signed by the employee. Mr. Puin indicated that there could be a penalty for violation or lying on the affidavit which could range from loss of health care benefits to termination of employment. Mr. Puin asked that Mr. Carbone set a policy for enforcement. Mr. Carbone indicated that there is a penalty for false swearing in the State of Ohio, and felt it was a matter of notification to the employee as to what would be required and the penalty for falsification of information. He agreed that loss of insurance and disciplinary action could be considered and he would be happy to review any such documentation.
 
PLANNING COMMISSION - Mr. Picker reported on the meeting of the Planning Commission held Tuesday, December 14, 2004. Minutes of that meeting are a part of the permanent record.
 
The meeting was opened to public comment:
 
Mr. Norm Kay, 5267 Meadow Wood, congratulated Mr. Picker on his appointment as Vice Mayor. Mr. Kay addressed the Mayor and Members of Council relative to the variances granted to the Warrensville Center Synagogue. He said he could understand the granting of the first four variances because of the approvals granted by the Planning Commission and Board of Zoning Appeals, but he could not understand the approval of the fifth variance, which overrode the decision of the Board of Zoning Appeals. He asked Mr. Picker if he could explain the urgency to override the Board of Zoning Appeals in variance number five, rather than having the Synagogue work with the BZA to resolve the matter. In answer to Mr. Kay's question relative to the commencement of construction at the Synagogue site, it was pointed out that construction had not begun, but that a gas well was being drilled on the property. Mayor Cicero responded to Mr. Kay's inquiry about the pending lawsuit, stating that the City is in discussion with the Synagogue and that the lawsuit had not been dropped.
 
Mr. Picker congratulated Mr. Carbone on his appointment as Executive Director of the Regional Income Tax Agency. He indicated that Mr. Carbone would be missed and thought he did a great job as the City's Director of Law. Mr. Picker said there had been several calls relative to the open position and asked how these calls should be handled. Mayor Cicero said he had requested resumes and letters of intent from interested parties be sent to him. He indicated that Mr. Carbone said there was no time constraint. The Mayor indicated he would have discussions with interested individuals and Council would be involved when the time is appropriate.
 
Mr. Puin also congratulated Mr. Carbone on his recent appointment. He felt there should be some type of closure with regard to the Law Director's position and wondered if a replacement would be appointed by the second quarter of this year. Mr. Carbone said an appointment would be made by that time. Mr. Puin said he would like to see a clean process whereby the new person gets nominated and Council confirms the appointment. Mayor Cicero felt that past practice with regard to appointment of Law Directors worked well and felt that Council and the Administration would work for the betterment of the City.
 
Mr. Picker announced that his Pizza Chat would be held January 22, 2005 at Tasty Pizza from 11:30 A.M. until 12:30 P.M. and Mr. Gambatese and his constituents would be joining him. Mr. Picker also invited Council to a breakfast meeting to be held on January 22, 2005 at 9:00 A.M., sponsored by the Hillcrest Council of Councils, to be held at the City of South Euclid D'Amico Community Center located behind Giant Eagle on Victory Drive. He said the speaker would be Ed Morrison, Executive Director, Center for Regional Economic Issues, Weatherhead School of Management at Case Western Reserve University. The topic for discussion is "Collaborative Relationships: Why they are needed and what already works for local governments in Cuyahoga County". He urged his colleagues to attend.
 
With regard to rate modifications proposed by Adelphia Cable, Mr. Picker asked if there is anything the City could do to fight the price increases and asked for an explanation of the franchise agreements for the benefit of residents and Members of Council. Mr. Carbone said that by federal law, the City has no jurisdiction over rate increases, except for basic cable. He said the cable companies have formulated their packages so that basic cable is very basic and all other programming is exempted from the City's control and controlled by the federal government. In addition, he said it is difficult to attack any increases, which would only effect basic cable. Mr. Carbone added that the franchise agreement had been negotiated with Adelphia and the Cities of Lyndhurst and South Euclid. He said sizable benefits had been obtained for the school district. He also indicated that this is not an exclusive franchise, stating that another cable company would be welcome in the City.
 
ORDINANCE NO. 2005-01
INTRODUCED BY: MR. MARKO
 
AN ORDINANCE AUTHORIZING A CHANGE ORDER WITH TC CONSTRUCTION COMPANY FOR ADDITIONAL WORK REGARDING THE 2004 ASPHALT PROGRAM AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Puin, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2005-01 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Picker, Gambatese, Puin, Mandel, Solomon, Fisher.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Ordinance No. 2005-01 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Picker, that Ordinance No. 2005-01 be passed.
 
Roll Call:
 
Yeas: Marko, Picker, Gambatese, Puin, Mandel, Solomon, Fisher.
 
Nays: None.
 
Motion carried.
 
Ordinance No. 2005-01 is passed.
 
ORDINANCE NO. 2005-02
INTRODUCED BY: MR. MARKO
 
AN ORDINANCE AUTHORIZING A CHANGE ORDER WITH TC CONSTRUCTION COMPANY FOR ADDITIONAL WORK REGARDING THE 2004 CONCRETE PROGRAM AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Picker, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2005-02 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Picker, Gambatese, Puin, Mandel, Solomon, Fisher.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Ordinance No. 2005-02 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Picker, that Ordinance No. 2005-02 be passed.
 
Roll Call:
 
Yeas: Marko, Picker, Gambatese, Puin, Mandel, Solomon, Fisher.
 
Nays: None.
 
Motion carried.
 
Ordinance No. 2005-02 is passed.
 
ORDINANCE NO. 2004-03
INTRODUCED BY: MR. GAMBATESE
 
AN ORDINANCE AUTHORIZING A CHANGE ORDER WITH CROSS ROADS ASPHALT REYCYLING, INC. FOR THE 2004 CRACK SEALING PROGRAM AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Picker, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2005-03 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Picker, Gambatese, Puin, Mandel, Solomon, Fisher.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Ordinance No. 2005-03 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Gambatese, seconded by Mr. Puin, that Ordinance No. 2005-03 be passed.
 
Roll Call:
 
Yeas: Marko, Picker, Gambatese, Puin, Mandel, Solomon, Fisher.
 
Nays: None.
 
Motion carried.
 
Ordinance No. 2005-03 is passed.
 
ORDINANCE NO. 2005-04
INTRODUCED BY: MR. PICKER
 
AN ORDINANCE AUTHORIZING A SERIES OF CHANGE ORDERS WITH RJ PLATTEN CONTRACTING COMPANY FOR THE SCHAEFER PARK IMPROVEMENTS PROJECT AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2005-04 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Picker, Gambatese, Puin, Mandel, Solomon, Fisher.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Ordinance No. 2005-04 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Picker, seconded by Mr. Gambatese, that Ordinance No. 2005-04 be passed.
 
Roll Call:
 
Yeas: Marko, Picker, Gambatese, Puin, Mandel, Solomon, Fisher.
 
Nays: None.
 
Motion carried.
 
Ordinance No. 2005-04 is passed.
 
ORDINANCE NO. 2005-05
INTRODUCED BY: MR. MARKO
 
AN ORDINANCE AUTHORIZING A CHANGE ORDER WITH FABRIZI TRUCKING & PAVING FOR ADDITIONAL WORK REGARDING THE RIDGEBURY BOULEVARD SANITARY SEWER IMPROVEMENT PROJECT AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Gambatese, seconded by Mr. Picker, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2005-05 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:  
Yeas: Marko, Picker, Gambatese, Puin, Mandel, Solomon, Fisher.
 
Nays: None.
 
Motion carried.
 
Rules suspended.
 
Ordinance No. 2005-05 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Picker, that Ordinance No. 2005-05 be passed.
 
Roll Call:  
Yeas: Marko, Picker, Gambatese, Puin, Mandel, Solomon, Fisher.
 
Nays: None.
 
Motion carried.
 
Ordinance No. 2005-05 is passed.
 
Approve the recommendation of the Planning Commission.
 
Recommendation made to Council to approve a conditional use permit requested by Emil Mardakhayev, on behalf of the Red Square Restaurant, to permit live music and dancing on special occasions, to be located at 5131 Mayfield Road.
 
Marina Vaysenberg, representing Red Square Restaurant, 5131 Mayfield Road, answered several questions posed by Members of Council.
 
Mr. Puin clarified that Red Square Restaurant had been located in Chesterland, but Ms. Vaysenberg said they were moving because Lyndhurst is a better location. She said they are currently planning to be open on weekends from 9:00 P.M. until 1:00 A.M. In answer to Mr. Puin's question, Ms. Vaysenberg stated that the establishment is like a restaurant, but that they serve banquet style meals. Mr. Puin said he is concerned about having live music at the establishment since there is a residential area to the north. Ms. Vaysenberg said the dance music is not very loud and that it is a three piece band with one singer and one backup singer. She said she did not feel the music would disturb residents because it would not be played outside and the stage is located toward the middle of the restaurant. A question arose regarding Mr. Febo's concern and suggestion that the conditional use permit be granted on a trial basis. Mr. Picker said that Mr. Febo finally approved the conditional use permit without a trial period, for the reason that it would have inhibited the restaurant's business since parties are booked months in advance and because of the amount of money that would be spent on equipment.
 
Discussion was held regarding the live music at the establishment across the street. Chief Adinolfi said there had been some issue but nothing that could not be resolved. Mr. Gambatese was concerned about the residents who live behind the restaurant. Ms. Vaysenberg again stated that the music would be played only on weekends between 9:00 P.M. and 1:00 A.M. She stated the age of patrons range from 20 to 65 and that it is not a nightclub atmosphere. In answer to Mr. Gambatese's question, Ms. Vaysenberg stated that the band would not change; that Mr. Mardakhayev is the owner and also a musician. She said there have already been four parties with music and Chief Adinolfi said that he had reports from the police officers that music was being played until 6:30 A.M. Ms. Vaysenberg said that did occur on New Year's eve. Mr. Puin was concerned that residents are being disturbed with music still being played at that time of morning.
 
In answer to Mr. Puin's further questions, Ms. Vaysenberg said that they do serve liquor, but that people come there to eat, not to drink. She further stated that they do have a liquor permit. Chief Adinolfi said he would meet with the owners in order to reach some agreement. Ms. Vaysenberg said they did see some of the police officers and stated that although they were opened until 4:00 A.M., there were no complaints. She said the door is always closed and patrons are not in the back, that the back doors are locked from the inside and outside, and the door is used only for rubbish removal. Concern was expressed that there would be complaints during the summer months when windows are open and residents are enjoying their backyards and decks.
 
Mr. Kunz said the noise ordinance that is presently on the books would also apply to a restaurant establishment as well. He pointed out that the Russian Tea Room is closer to the residential area than the Red Square Restaurant is to the houses to the north. He further stated that the dance floor is in the center of this establishment, with a large kitchen and restroom facilities behind it, so music is directed toward Mayfield Road. Mr. Gambatese reiterated his concerns relative to disturbing residents in the summer time. He asked if restrictions could be placed on the time that live music is allowed. It was pointed out that live music had been permitted at the establishment located across the street. Discussion was held regarding placing a time limit on playing live music. Mr. Puin said he hoped they would be good neighbors and not be disruptive to the neighborhood. The process for dealing with complaints was explained by Chief Adinolfi. Mr. Carbone said that the City would have the right to abate a nuisance, if there is one. He pointed out that the Police Department could cite the establishment if there was a violation of criminal laws.
 
It was moved by Mr. Picker, seconded by Mr. Marko, that the recommendation of the Planning Commission to approve the conditional use permit requested by Emil Mardakhayev, on behalf of the Red Square Restaurant, to permit live music and dancing on special occasions, to be located at 5131 Mayfield Road, be approved.
 
Mr. Marko said he was familiar with establishments of this nature in his old neighborhood, and related that after a period of time, the establishment was closed.
 
Roll Call:
 
Yeas: Marko, Picker, Puin, Mandel, Solomon, Fisher.
 
Nays: None.
 
Abstain: Gambatese.
 
Motion carried.
 
Traffic Directive #133 - That left turns from the most western drive of Legacy Village onto Cedar Road be prohibited and the necessary traffic signs be erected, was noted with no objections.
 
It was moved by Mr. Puin, seconded by Mr. Picker, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 9:00 P.M.
 
CONVENED ON:
January 4, 2005
AGENDA:
Board of Control
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TO BE POSTED
 
 
CONVENED ON:
January 4, 2005
MINUTES:
Board of Control
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The Board of Control of the City of Lyndhurst met in Regular Session on Tuesday, January 4, 2005 at 8:03 P.M., Dale J. Fisher, Chairman, presiding.
 
Members Present: Council Representatives D. J. Fisher, J. A. Gambatese, J. A. Mandel, J. A. Marko, M. B. Puin, S. F. Picker, H. Solomon.
 
Others Present: J. M. Cicero, Jr., Mayor; R. J. Carbone, Director of Law; A. A. Adinolfi, Chief of Police; F. E. Glady, III, Director of Service; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Acting Secretary.
 
Absent: M. A. Kovalchik, Secretary.
 
All stood for the Pledge of Allegiance.
 
Mr. Fisher explained that this is the Organizational Meeting of Council for the year 2005, stating that a new Vice Mayor and Representative to the Planning Commission would be chosen this evening.
 
It was moved by Mr. Marko, seconded by Mr. Picker, that reading of the minutes of the Regular Meeting of the Board of Control held Monday, December 6, 2004, 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.
 
OHIO ENERGY SPECIALISTS, INC. - Blanket order for gasoline and diesel fuel for January through March, 2005 - $33,246.00.
 
It was moved by Mr. Marko, seconded by Mr. Picker, that the Mayor be and he is hereby authorized and directed to enter into contract with Ohio Energy Specialists, Inc. for blanket order for gasoline and diesel fuel for January through March, 2005 for a total cost of $33,246.00 to be purchase through State Contract.
 
The question was put to a voice vote and passed unanimously.
 
WINGFOOT COMMERCIAL TIRE - Blanket order for tires for City vehicles for January through March, 2005 - $10,000.00.
 
It was moved by Mr. Picker, seconded by Mr. Marko, that the Mayor be and he is hereby authorized and directed to enter into a contract with Wingfoot Commercial Tire for blanket order for tires for City vehicles for a total cost of $10,000.00 to be purchased through State Contract.
 
The question was put to a voice vote and passed unanimously.
 
G.C.E.A. - 8,350 yards leaf disposal tip fee - $8,350.00.
 
It was moved by Mr. Gambatese, seconded by Mr. Picker, that the Mayor be and he is hereby authorized and directed to enter into contract with G.C.E.A. for 8,350 yards leaf disposal tip fee for a total cost of $8,350.00.
 
The question was put to a voice vote and passed unanimously.
 
OTIS ELEVATOR CO. - Renewal of annual service/maintenance contract for Municipal Center elevator - $4,007.16.
 
It was moved by Mr. Puin, seconded by Mr. Marko, that the Mayor be and he is hereby authorized and directed to enter into contract with Otis Elevator Co. for renewal of annual service/maintenance contract for Municipal Center elevator for a total cost of $4,007.16.
 
The question was put to a voice vote and passed unanimously.
 
W. W. WILIAMS - Renewal of preventive maintenance/inspection service on emergency generators at Municipal, Service and Community Centers - $2,098.00.
 
It was moved by Mr. Mandel, seconded by Mr. Picker, that the Mayor be and he is hereby authorized and directed to enter into contract with W. W. Williams for renewal of preventive maintenance/inspection service on emergency generators at Municipal, Service and Community Centers for a total cost of $2,098.00.
 
The question was put to a voice vote and passed unanimously.
 
MALONE PAINTING CO. - Remove and re-apply wallpaper on dividers and wainscot in Rooms A B & C and divider in Classrooms 1 and 2 at the Community Center - Not to exceed $6,000.00.
 
It was moved by Mrs. Solomon, seconded by Mr. Picker, that the Mayor be and he is hereby authorized and directed to enter into contract with Malone Painting Co. to remove and re-apply wallpaper on dividers and wainscot in Rooms A B & C and divider in Classrooms 1 and 2 at the Community Center at a cost not to exceed $6,000.00.
 
The question was put to a voice vote and passed unanimously.
 
SBC - E-911 Maintenance Contract for 2005 - $4,542.32.
 
It was moved by Mr. Gambatese, seconded by Mr. Picker, that the Mayor be and he is hereby authorized and directed to enter into contract with SBC for E-911 Maintenance Contract for 2005 for a total cost of $4,542.32.
 
The question was put to a voice vote and passed unanimously.
 
CITY OF CLEVELAND, DIVISION OF WATER - Annual fee for use of water for fire hydrants - $18,000.00.
 
It was moved by Mr. Marko, seconded by Mr. Picker, that the Mayor be and he is hereby authorized and directed to enter into contract with City of Cleveland, Division of Water for annual fee for use of water for fire hydrants for a total cost of $18,000.00.
 
The question was put to a voice vote and passed unanimously.
 
DARK HORSE FURNITURE, LTD. - Improvements to Radio Room in the Fire Department - $3,650.00.
 
It was moved by Mr. Picker, seconded by Mr. Gambatese, that the Mayor be and he is hereby authorized and directed to enter into contract with Dark Horse Furniture, Ltd. for improvements to Radio Room in the Fire Department for a total cost of $3,650.00.
 
The question was put to a voice vote and passed unanimously.
 
DUVIN, CAHN & HUTTON - Labor Counsel legal services - $10,000.00.
 
Mr. Puin asked for an itemized accounting of the hours billed to be distributed to all Members of Council.
 
It was moved by Mr. Puin, seconded by Mr. Gambatese, that the purchase requisition for Duvin,Cahn & Hutton be tabled pending receipt of an itemized accounting of hours billed.
 
The question was put to a voice vote and passed unanimously.
 
Mrs. Borton asked that the following purchase requisition be added to the Board of Control:
 
CLARENDEN NATIONAL INSURANCE - Reimbursement to Clarenden National Insurance for deductible relative to the Warrensville Center Synagogue - $10,000.00.
 
It was moved by Mr. Puin, seconded by Mr. Picker, that the Mayor be and he is hereby authorized and directed to enter into contract with Clarenden National Insurance for deductible relative to the Warrensville Center Synagogue for a total cost of $10,000.00.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Marko, seconded by Mr. Picker, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:10 P.M.
 

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