City of Lyndhurst, Ohio City Council
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October 15, 2012: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, October 15, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; M. J. Carroll, Chief of Fire; M. A. Franco, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, October 1, 2012.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - PACKARD
 
LEGISLATIVE COMMITTEE - SCHLESSEL
 
PLANNING COMMISSION - MARKO
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
 
Requests for additions to the Agenda:
 
Public Comment:
 
RESOLUTION NO. 2012-74
INTRODUCED BY: COUNCILMAN FREY
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-20-007 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-75
INTRODUCED BY: ADMIN
 
A RESOLUTION PROVIDING FOR HALLOWEEN OBSERVANCE UPON THE STREETS AND OUT-OF- DOORS FOR OCTOBER 31, 2012, BETWEEN THE HOURS OF 6:00 P.M. AND 8:00 P.M.
 
RESOLUTION NO. 2012-76
INTRODUCED BY: ADMIN
 
A RESOLUTION REQUESTING THE COUNTY FISCAL OFFICER TO ADVANCE TAXES FROM THE PROCEEDS OF TAX LEVIES PURSUANT TO OHIO REVISED CODE SECTION 321.34
 
ORDINANCE NO. 2012-77
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 159 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "EMPLOYEES GENERALLY" BY AMENDING SECTION 159.11 REGARDING SICK LEAVE AND DECLARING AN EMERGENCY.
 
Confirm decision of the Board of Zoning Appeals:
 
Case No. 2012-04
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2012-04 to grant requested variance to Nancy Hyland of 1544 Clubside Road, for a variance from the provisions of Section 1160.04(a)(1) A of the Planning and Zoning Code. The applicant requests to build a second garage with a pool equipment room attached, on her property. The code limits a property owner to one garage, no greater than 775 square feet and not more than 15 feet in height.
 
Correspondence: David Raber Attorney for Giant Eagle located at 25105 Cedar Road seeks to transfer ownership and location of a Class D1, D2 beer and wine permit.
 
TABLED ITEMS:
 
ORDINANCE NO. 2012-24
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
 
ORDINANCE NO. 2012-25
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
 
ORDINANCE NO. 2012-26
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
 
ORDINANCE NO. 2012-29
INTRODUCED BY: VICE MAYOR DAVID FREY
 
AN ORDINANCE AMENDING CHAPTER 660 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "SAFETY, SANITATION AND HEALTH" BY AMENDING SECTION 660.14 REGARDING SMOKING ON CITY PROPERTY.
 
ORDINANCE NO. 2012-37
INTRODUCED BY: COUNCILMAN LOPRESTI
 
AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
 
October 15, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, October 15, 2012 at 8:04 P.M., Vice Mayor David A. Frey, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; L. M. Puskas, Building Inspector; M. J. Carroll, Chief of Fire; M. A. Franco, Assistant Clerk of Council.
 
Absent: M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Marko, seconded by Mr. Packard, that the reading of the minutes of the Regular Meeting of Council held Monday, October 1, 2012, copies of which were mailed to all Members, be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero had no report.
 
FINANCE COMMITTEE - Chairman Ward read his minutes into the record:
 
"The Finance Committee met Tuesday, October 9, 2012 at 6:15 p.m. Present were Council members Frey, Gambatese, LoPresti, Packard, Schlessel and Ward. Also present were, Mayor Cicero and Finance Director Kovalchik. The purpose of the meeting was to continue discussion on the topic of the Income Tax Credit/Income Tax Rate Issue.
 
"Chairman Ward opened the discussion by enumerating the many changes to programs and operations this Council and the Administration have enacted, especially since 2007. These include the Early Retirement Incentive Program, Automated Recycling, Automated Trash Collection, Replacing Brainard Pool with a Splash Park, EMS and MVA Billings, SELREC, Animal Warden outsourcing, School Crossing and Park Guard changes, Boards and Commissions stipend changes, Tree Program Assessment, grants, RITA Subpoena Program, Rental and Foreclosure registrations and more. We also have received help from our employees with (2) year contract extensions and our yearly medical benefits review which has save the City greatly. All of these initiatives have cut over $1.2 million in yearly expense from our budgets. Without this hard work, on everyone's part, we would have been forced to visit the Income Tax topic several years ago.
 
"Chairman Ward then asked Finance Director Kovalchik to explain the "Hole" the City is facing due specifically to cuts the State has made. Mrs. Kovalchik explained that the loss of Estate Tax revenue, which will not be assessed after December 31st, along with lower Local Government Assistance, which is impacting our schools as well, when coupled with lower property values will impact the City to the tune of $1.67 million per year. She stated that by 2015 the City will be looking at a negative carry-forward balance of over $1.6 million. She said that currently Income Tax is showing well ahead of last year but one large payer has filed an estimate from which a sizeable refund may end up being due once returns are filed. In any event Income Tax revenue continues to be healthy. She has also figured in added personnel at the Cleveland Clinic Lyndhurst Campus as per the Clinic's representations.
 
"Mr. Ward sated the options to fill the "hole" are layoffs, further program cuts or eliminations, increasing our Income Tax Rate or adjusting the Income Tax Credit. Mr. Frey had asked, at a previous meeting, if it would be possible to illustrate the loss of revenue against our budget. Mrs. Kovalchik prepared an illustration, for discussion purposes only, showing the impact of $1.67 million dollars in cuts spread evenly across our departments. The changes to essential services alone were sobering to see on paper. Mr. Gambatese had asked if Mrs. Kovalchik could provide a chart of the various Income tax scenarios that had been talked about. All members were provided a chart illustrating the impact of eliminating the Tax Credit which was distributed for review. Mr. Gambatese stated that there was no question that additional money is needed and the chart provided is very helpful indicating the options we have. Members asked numerous questions about the different tax rate/credit combinations.
 
"Mr. Ward suggested one approach would be to reduce the credit to 25% for now and put a rate increase question on the ballot next year. Mr. Schlessel indicated it would not be wise to approach the matter piecemeal and revisiting it over and over again. Mr. Gambatese indicated he would be in favor of an approach that shares the burden between residents and non-residents who work in the City. Mr. Packard and Mr. LoPresti were in favor of getting additional resident input.
 
"Mr. Ward opened the discussion to the residents present. Mr. Richard Clark questioned the impact that potential cuts to the safety forces would have upon his homeowner's insurance rates. Mr. Ward stated that the City is rated on numerous criteria including personnel, equipment and so on. Mrs. Kovalchik indicated that it was a very good question and she would see if there might be any data available to provide a more definitive answer. Dr. Salerno, a resident and business owner indicated he would prefer Council opt for an approach that balances the burden over residents and non-residents as that would seem fair. He said that, since many Lyndhurst businesses are small operations that are attracted to the location and the traffic along our main arteries they would not be looking at the City's tax rate as a primary deciding factor if looking to locate, stay or expand in Lyndhurst. Mr. Dennis Kane indicated that he learned a lot from the meeting and that Council needed to be sure to clearly communicate who will be impacted and how they will be impacted by any decision that is made.
 
"Mr. Ward stated that he will ask the Director of Law to draw up legislation rescinding the tax credit for the Committee to review prior to the next Council meeting. The Committee can review the legislation at its next meeting, 7pm on October 15, and decide whether to recommend Council's consideration or suggest an alternate approach. Mrs. Kovalchik will prepare additional illustrations on two scenarios; rescinding the full credit now, placing a tax increase question on a May ballot to 2% with a .50% credit or a combination of the two.
 
With no further business to discuss the meeting adjourned at 7:27 pm."
 
Mr. Ward stated that the committee met prior to this evening's Council meeting and minutes will be forthcoming. He also aired that the committee will be meeting prior to the next Council Meeting.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
 
ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report; however, he stated he will be scheduling a meeting prior to the next Council meeting to discuss the Tethering Ordinance, Police Department Composition and fine increases.
 
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
LEGISLATIVE COMMITTEE - Chairman Schlessel had no report.
 
PLANNING COMMISSION - Chairman Marko had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Alfreda Wynne gave an update on activities and accomplishments within the South Euclid Lyndhurst School District;
 
Ms. Wynne stated that October 1st, twenty one (21) Brush Juniors and Seniors were inducted into the National Honor Society. She said the criteria for National Honor Society include maintaining a 3.5 grade point average or higher every quarter, participation in extra circular activities and community service work. She congratulated the students for their hard work.
 
Ms. Wynne stated that Rebecca Rossi, a 6th grader at Greenview requested school supplies in lieu of birthday gifts. Rebecca donated binders, paper, rulers and other school items to students at Greenview who were unable to purchase supplies. Ms. Wynne said she is an excellent example of the wonderful students in South Euclid Lyndhurst School District.
 
Ms. Wynne announced Homecoming was Friday, October 12th. The parade kicked off at 5:30PM and the game began at 7:00PM, Brush Arcs beat Shaker Red Raiders in a close game with a final score of 22-21. The Brush Arcs are 3-0 in the division. The next game is Thursday, October 18th at Parma High School and the last game is on October 28th against Garfield at Korb Field. The Homecoming Dance was a success with no incidences.
 
Ms. Wynne stated the levy campaign is in full swing. She disclosed if the levy passes it will cost the owner of a home valued at one hundred thousand dollars ($100,000.00) about one hundred eighty dollars ($180.00) a year or about fifteen dollars ($15.00) a month. She said funds generated will be used for maintaining current educational programs.
 
Ms. Wynne stated October 16th at the Board of Education Meeting the treasurer will give an update on the board recovery plan, and everyone is invited. She also added that yard signs for the school levy are available and can be obtained by contacting her.
 
Ms. Wynne announced that on September 25, 2012, Devonte Burns, a 10 year old South Euclid resident and Greenview student passed away after a long battle with brain cancer. He was active in Gator Football and South Euclid Rec Basketball. She stated that classmates, friends and community members remembered him at his funeral on Saturday, October 6, 2012. Greenview has established a fund for the family and if anyone would like to make a donation contact the school.
 
Ms. Wynne said Friday Sunview had its Walk a thon and walk to school day. Students walked to raise money for PTA activities and promoting a healthy lifestyle. Rainbow Babies and Children Hospital was on hand for this event. Sunview students raised over one thousand dollars ($1,000.00).
 
Ms. Wynne stated Saturday, October 6, 2012 Adrian Elementary had its Walk a thon at Euclid Creek Park. Students, teachers and parents walked to raise money for PTA activities. The students raised over five thousand dollars ($5,000.00). Ms. Wynne listed some of their sponsors; Cleveland Clinic, Senders Pediatrics, Whole Foods, Second Sole, Trader Joes, and South Euclid Fire Department.
 
Ms. Wynne announced the following dates to remember:
Tuesday, October 16, 2012 at 7:00PM Board of Education Meeting;
Friday, October 28, 2012 Brush's last home game;
Tuesday, November 6, 2012 is Election Day and no school.
 
Ms. Wynne concluded with introducing two of South Euclid Lyndhurst School District finest. Matt Kendig a 4th grader at Greenview shared information about his experience in South Euclid Lyndhurst Schools and Taylor Wynne an 8th grader at Memorial that placed first in the Martin Luther King Oratorical. Taylor Wynne presented her Oration to Council.
 
Mayor Cicero commended Matt Kendig and Taylor Wynne for their great speeches and hard work. Mayor Cicero presented the students with a City of Lyndhurst Plate. Mayor Cicero wished Matt Kendig a Happy 10th Birthday.
 
The meeting was opened to public comment.
 
Richard Clark, 5347 Chickadee Lane, stated he is happy with all services the City offers; however, he voiced his concern regarding the verbiage of the snow plow portion of the letter dated September 2012 from the City that was mailed to all residents.
 
Mr. Ward stated that having snow plow drivers register with the City has been invaluable.
 
Dr, Jeff Salerno, 1438 Henning, expressed his concern regarding the proposed elimination of the tax credit for residents that work outside the community.
 
Dennis Kane, 1152 Brainard, asked for clarification on the quote from the Mayor regarding the tax issue in the Sun Newspaper. Mr. Kane asked for forthrightness from the Mayor and Council.
 
Doug Hartman, 5095 Eastover, stated he was present to support Dr. Salerno. He said the tax burden should be on both residents and people employed within the City.
 
Ryan Davis, 1444 Henning, stated he has been a City of Lyndhurst resident for 9 years; he is present to support Dr. Salerno and the other residents that are concerned about the tax increase. He asked Council to take care of the residents so the residents can take care of their families.
 
Michael Rini, 1376 Parkview, stated he is present in support of Dr. Salerno and the other residents that feel the proposed tax increase is unfair.
 
Dan Reginelli, 1100 Churchill, stated he is present in support of Dr. Salerno, he likes living in Lyndhurst and would appreciate anything Council could do to help keep him and his family in the City.
 
Steve Wilkes, 1238 Rae, stated he is present in support of Dr. Salerno.
 
Mr. Ward thanked everyone for coming to the meeting and sharing their thoughts and feelings regarding the tax rate/tax credit issue.
 
RESOLUTION NO. 2012-74
INTRODUCED BY: COUNCILMAN FREY
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-20-007 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-74 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Resolution No. 2012-74 was highlighted by Mrs. Franco, with Section 8 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Packard, that Resolution No.2012-74 be adopted.
 
Mr. Frey stated that several years ago at the request of the Building Department Council put legislation on the books that allow Council to remediate issues with properties by way of a resolution. Mr. Frey stated after due diligence the problem gets remedied and he is happy to say that due to the legislation enacted several years ago Council is able to take care of the problem and concerns of the residents.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Resolution No. 2012-74 is adopted.
 
RESOLUTION NO. 2012-75
INTRODUCED BY: ADMIN
 
A RESOLUTION PROVIDING FOR HALLOWEEN OBSERVANCE UPON THE STREETS AND OUT-OF- DOORS FOR OCTOBER 31, 2012, BETWEEN THE HOURS OF 6:00 P.M. AND 8:00 P.M.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-75 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
 
Nays: None.
 
Motion carried.
Rules Suspended.
 
Resolution No. 2012-75 was highlighted by Mrs. Franco, with Section 2 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No.2012-75 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Resolution No. 2012-75 is adopted.
 
RESOLUTION NO. 2012-76
INTRODUCED BY: ADMIN
 
A RESOLUTION REQUESTING THE COUNTY FISCAL OFFICER TO ADVANCE TAXES FROM THE PROCEEDS OF TAX LEVIES PURSUANT TO OHIO REVISED CODE SECTION 321.34 .
 
It was moved by Mr.Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-76 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Resolution No. 2012-76 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Resolution No. 2012-76 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-76 is adopted.
 
ORDINANCE NO. 2012-77
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 159 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "EMPLOYEES GENERALLY" BY AMENDING SECTION 159.11 REGARDING SICK LEAVE AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-77 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2012-77 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-77 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-77 is passed.
 
Board of Zoning Appeals Recommendations:
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2012-04 to grant requested variance to Nancy Hyland of 1544 Clubside Road, for a variance from the provisions of Section 1160.04(a)(1) A of the Planning and Zoning Code. The applicant requests to build a second garage with a pool equipment room attached, on her property. The code limits a property owner to one garage, no greater than 775 square feet and not more than 15 feet in height.
 
The findings in Case No. 2012-04 as recorded in the minutes of the meeting of the Board of Zoning Appeals held October 8, 2012 were read by Mrs. Franco.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Council confirm the decision of the Board of Zoning Appeals in Case No. 2012-04.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
 
Correspondence from David Raber Attorney for Giant Eagle located at 25105 Cedar Road seeks to transfer ownership and location of a Class D1, D2 beer and wine permit.
 
Mr. Murphy explained the change in licensing would allow both wine and beer taste testing at the stores location. Mr. Murphy stated that if any other establishments request this license change they would need to go through the State and also require Council's approval.
 
Correspondence was noted with approval to mail the requested letter to Attorney David Raber.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:55 P.M.


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