City of Lyndhurst, Ohio City Council
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November 5, 2012: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, November 5, 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 15, 2012.
 
Approval of Council's appointee to the Legacy Village Lyndhurst Community Fund of the Cleveland Foundation.
 
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:
 
ORDINANCE NO. 2012-78
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
 
TABLED ITEMS:
 
ORDINANCE NO. 2012-24
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
 
ORDINANCE NO. 2012-25
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING
 
ORDINANCE NO. 2012-26
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
 
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.
 
November 5, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, November 5, 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; M. A. Kovalchik, Director of Finance; L. M. Puskas, Building Inspector; M. J. Carroll, Chief of Fire; M. A. Franco, Assistant Clerk of Council.
 
Absent: 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 15, 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.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that the appointment of Arlene Schreiber as Council's representative to the Legacy Village Lyndhurst Community Fund of the Cleveland Foundation be approved.
 
The question was put to a voice vote and passed unanimously.
 
Mr. Ward stated that Arlene Schreiber has done an exceptional job and he highly recommends her.
 
MAYOR'S REPORT - Mayor Cicero reported on the recent power outage due to Hurricane Sandy. Mayor Cicero thanked the CERT Team for going door to door to assist residents without power, and also the Holiday Inn in Mayfield for offering a discount to residents.
 
Mr. Packard explained the course of action CERT took to assist residents. Mr. Packard thanked members of CERT and Melissa Weldon.
 
FINANCE COMMITTEE - Chairman Ward read his minutes into the record:
 
"The Finance Committee met Monday, October 15, 2012 at 7:00 p.m. Present were Council members Frey, Gambatese, LoPresti, Marko, Packard, Schlessel and Ward. Also present were, Mayor Cicero, Finance Director Kovalchik, Law Director Murphy, Chief Carroll and Chief Porrello. The purpose of the meeting was to continue discussion on the topic of the Income Tax Credit/Income Tax Rate Issue.
 
"Finance Director Kovalchik distributed a "Tax Rate Scenario Chart" for discussion purposes showing the impact of a variety of approaches, eliminating the Income Tax credit, raising the Income Tax rate or combinations of the two. She explained that the chart was not yet complete as the data for one of the requested scenarios had not come over from RITA and that their formulas and ours were not agreeing. She will provide the Committee with updated charts once all of the data from RITA has been received and she is certain the formulas are correct. She indicated that, according to RITA, there are a total of 11,563 Lyndhurst taxpayers; 9,424 work outside Lyndhurst and 2,139 work and live in the City. Of the 9,424; the largest number work in Cities with a 2% tax rate. The average salary is just under $50,000.**
 
"In response to Mr. Ward's question Mrs. Kovalchik explained that, should Council do nothing until June, the City would not collect $456,000 that would be collected if the .50 Credit was suspended effective January 1st. In answer to a question, she replied that the credit could be eliminated retroactively; however, it is a scenario that RITA highly discourages. Mr. Ward stated that eliminating the credit retroactively, since we are discussing it now would simply make Council look bad.
 
"Mr. Ward directed the Committee's attention to the two pieces of Legislation that Mr. Murphy had prepared in DRAFT form for review. He explained that the first, numbered 2012-78 would eliminate Section 791.26 of the Codified Ordinances. This section is a moot point as it is not applied in practice currently. It would provide a .25 credit to a person from a contiguous community who works in Lyndhurst but, because of the number of detailed qualifying conditions it is unlikely RITA could even figure out a person's eligibility to receive that credit. Mr. Murphy, Mrs. Kovalchik and RITA recommend eliminating the section.
 
"The second piece of DRAFT legislation, numbered 2012-79, deals with the Income Tax Credit as found in Section 791.27 of the Codified Ordinances. Mr. Ward indicated that prior Councils had adjusted and restored the Income Tax Credit back in the mid 1980's, as needed, and asked Mr. Murphy if it wouldn't be possible to word a current Ordinance in the same way as the legislation used at that time. Mr. Murphy indicated that it would be possible. Mr. Ward stated he liked how the section of the Codified Ordinances memorialized the actions of previous Councils. Mr. Murphy indicated the section would reflect the current or recent actions but the prior actions of Councils past could be memorialized in the "Whereas" clauses of any current Ordinance in order to assure it is preserved.
 
"Mr. Ward asked the Committee members if there were any of the Tax Rate Scenarios they would like Mrs. Kovalchik to eliminate from further discussion. It was suggested that the 1.50% Rate with a 25% Credit, the 1.75% Rate with a 25% Credit, the 1.95% Rate with a 50% Credit, the 2% Rate with a 100% Credit and the 2.5% Rate with a 100% Credit be eliminated from the Chart. The 2.45% with a 100% Credit will be retained on the Chart for illustration purposes. Mr. LoPresti asked the items on the Chart be numbered or lettered so the scenarios can be easily matched with the impact chart. Mrs. Kovalchik indicated that it would be done.
 
"In answer to a question posed by resident Richard Clark at a previous meeting Mrs. Kovalchik stated the City is ranked 4, for insurance purposes on an ISO Rating scale. A ranking of 4 is very, very respectable. As to what might happen to a homeowner's own insurance policy should the City's ranking fall, as Mr. Clark had asked, she indicated that the ranking is made up of a number of factors; staffing, equipment, training, the City's Bond Rating and so on. In the Homeowner Insurance market, however, different companies use different formulas - for instance, State Farm has their own ranking system - so Mr. Clark would need to check with his Insurance Carrier to find out if there would be an impact should the City be forced to cut staff and so on.
 
Mr. Ward allowed a few more audience questions/comments as time allowed.
 
With no further business to discuss the meeting adjourned at 7:58 pm."
 
**Chairman's Footnote
 
"Upon further conversation and clarification with RITA there was need to update the numbers relating to the number of "LYNDHURST TAXPAYERS" for the sake of these conversations…
 
"There are a total of 11,563 W-2's filed for Lyndhurst - some individuals have multiple sources of W-2 Income; 9,424 of those W-2's are for work outside Lyndhurst and 2,139 W-2's are from those taxpayers who both work and live in the City. Of the 9,424; the largest number are from work in Cities with a 2% tax rate. The average salary is just under $50,000".
 
Mr. Ward further stated that Finance Committee met tonight prior to the Council Meeting at 6:30P.M. Present were Council members Frey, Gambatese, LoPresti, Marko, Packard, Schlessel and Ward. Also present were, Mayor Cicero, Finance Director Kovalchik, Law Director Murphy, Chief Carroll and Chief Porrello. The purpose of the meeting was to continue discussion on the topic of the Income Tax Credit/Income Tax Rate issue. The Finance Committee recommends to Council passage of Ordinance 2012-79. Minutes will be forthcoming.
 
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 November 19, 2012 at 7:30 to discuss the Tethering Ordinance.
Mr. Gambatese stated he has received calls regarding the deer population and inquired if Council feels further discussion is required.
Mr. Ward said culling has been done in the past, but he has not met with the Metroparks recently.
Mayor Cicero stated the Metroparks have culling twice a year.
 
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 - Bill Kent spoke of the New Day Mission at South Euclid Lyndhurst Schools. He said the Superintendent has set goals that she asked the students, faculty and residents hold her too. Mr. Kent stressed what a great job Ms. Reid is doing and shared his excitement of the "New Day" at South Euclid Lyndhurst Schools.
 
Mr. Ward stated that Ms. Reid has done an exceptional job with her strategic plan and looks forward to seeing her future accomplishments.
 
Mr. Frey said Ms. Reid's strategic plan for Garfield Heights Schools is on their web site if anyone is interested in seeing some of her past work.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2012-79 be added to the Agenda.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: Gambatese.
 
Motion carried.
Ordinance No. 2012-79 is placed on the Agenda.
 
The meeting was opened to public comment.
 
Richard Clark, 5347 Chickadee Lane, encouraged everyone to vote tomorrow for the levy. Mr. Clark stated that his neighbors would like clarification on the comment from the Mayor regarding the 50% tax credit not being a tax increase. Mr. Clark said he informed his neighbors the comment was explained at a Finance Committee Meeting as a statement that had been taken out of context; however, his neighbors would like to know where they can get the rest of the context.
 
Mayor Cicero stated that the comment "this will not be a tax increase for every resident in the City" pertains to those who do not have an income.
 
Dr, Jeff Salerno, 1438 Henning, asked Council to explain options B and D from the Finance Committee Meeting.
 
Mr. Frey explained option B would be placed on the ballot as an increase of the tax rate from 1.5% to 1.75%, the tax credit would remain intact at 50%. Option D is an increase in the tax rate from 1.5% to 2% and the tax credit would remain intact at 50%.
 
Mr. Frey informed Dr. Salerno that only option D is being considered for Council's Agenda.
 
Dennis Kane, 1152 Brainard, asked for clarification from the Mayor regarding the tax increase comment. Mr. Kane stated that if the reporter took something out of context he feels the reporter should be taken to task.
 
Marge Cirillo, 5173 Graham, inquired about the bulk order of polo shirts on the Board of Control Agenda.
 
Mayor Cicero explained that is part of the police uniform.
 
Ms. Cirillo stated she was embarrassed that it took so long for the City to respond to residents needs after Hurricane Sandy.
 
E. Dale Inkley, 5126 East Farnhurst, suggested at the next Council Coffee that the City Departments be in a separate room from the speakers.
 
Mr. Gambatese expressed his concern regarding Ordinance No. 2012-79. Mr. Gambatese stated that since so few residents have been attending the Finance Committee Meetings that he and Dr. Salerno created a petition that reads Oppose Rescinding of the City of Lyndhurst 50% Tax Credit which they solicited 127 signatures. Mr. Gambatese stated that he will be submitting the petition into the record.
 
Mr. Murphy stated that Ordinance No. 2012-79 has not been introduced and it is improper under the rules to discuss it at the Council Meeting until it is on first reading.
 
Mr. Ward explained that employees do not receive any uniform funds; the City purchases the uniforms for employees to guarantee they have what is required, so uniforms are maintained and for the bulk order savings. Mr. Ward also said he would welcome any suggestions regarding the income tax credit/income tax rate.
 
Mr. Frey stated that Reporter Jeff Piorkowski will no longer cover Lyndhurst he has been moved to Beachwood.
 
ORDINANCE NO. 2012-78
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2012-78 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey
Nays: None.
 
Motion carried.
Ordinance No. 2012-78 is placed on first reading.
 
ORDINANCE NO. 2012-79
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2012-79 be placed on first reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
Nays: Gambatese
 
Motion carried.
Ordinance No. 2012-79 is placed on first reading.
 
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.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-29 be removed from table.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Rules Suspended.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-29 be passed.
 
Roll Call:
 
Yeas: None.
Nays: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
 
Motion carried.
Ordinance No. 2012-29 is defeated.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 9:01 P.M.


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